This document discusses the differences between murder, manslaughter, and infanticide under Canadian law. It defines murder as the intentional unlawful killing of another person or inflicting harm knowing it could cause death. There are two degrees of murder - first-degree includes premeditated killing or killing during certain other crimes, while second-degree is any murder that is not first-degree. Manslaughter is an unlawful killing without intent to cause death. The consequences for murder include life imprisonment with parole ineligibility periods ranging from 10-25 years depending on the degree. Hiring an experienced criminal defense attorney can help in understanding the charges and developing a strong defense.

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Understanding the Difference Between
Murder, Manslaughter, and Infanticide

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Under Canadian law, not every killing is a criminal offence. For example, an individual
who kills another when acting in lawful self-defence is not guilty of committing a
crime. Generally, culpable homicides can be classified as murder, manslaughter, and
infanticide. This article only deals with murder and manslaughter: a discussion of
infanticide is beyond its scope. The following is for informational purposes and is not
legal advice. You should consult with a professional criminal lawyer for legal advice
about your matter.
The Definition of Murder
The intentional unlawful killing of another person or inflicting bodily harm with the
knowledge that it will likely cause death (and being reckless whether death ensued) is
murder. Specifically, “murder” is defined in the criminal code in section 229.
Murder
229 Culpable homicide is murder
(a) Where the person who causes the death of a human being
 Means to cause his death, or
 Means to cause him bodily harm that he knows is likely to cause his death and is
reckless whether death ensues or not;

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(b) Where a person, meaning to cause death to a human being or meaning to cause
him bodily harm that he knows is likely to cause his death, and being reckless
whether death ensues or not, by accident or mistake causes death to another
human being, notwithstanding that he does not mean to cause death or bodily
harm to that human being; or
(c) If a person, for an unlawful object, does anything that they know is likely to
cause death, and by doing so, causes the death of a human being, even if they desire to
affect their object without causing death or bodily harm to any human being.
There is both “first-degree murder” and “second-degree murder”.
First-Degree Murder
Many are familiar with first-degree murder having to be both planned and deliberate.
Planning on killing the victim in advance and doing so with malice and forethought
elevates what would otherwise be second degree murder to first-degree murder. Many
are unaware, however, that other circumstances can elevate what would otherwise be
second-degree murder to first-degree murder, including:
 Killing of a police officer
 Killing during an act of terrorism or as part of a criminal organization
 Killing someone in the commission of another unlawful act, such as sexual
assault or kidnapping
 Killing someone as a means of intimidating another individual or group
Specifically, the Criminal Code states:
231 (1) Murder is first-degree murder or second-degree murder.
 Planned and deliberate murder
(2) Murder is first-degree murder when planned and deliberate.
 Contracted murder
(3) Without limiting the generality of subsection (2), murder is planned and deliberate
when it is committed under an arrangement under which money or anything of value
passes or is intended to pass from one person to another or is promised by one person
to another, as consideration for that other’s causing or assisting in causing the death of
anyone or counselling another person to do any act causing or assisting in causing that
death.

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(4) Irrespective of whether a murder is planned and deliberate on the part of any
person, murder is first-degree murder when the victim is
 a police officer, police constable, constable, sheriff, deputy sheriff, sheriff’s
officer or other person employed for the preservation and maintenance of the
public peace, acting in the course of his duties;
 a warden, deputy warden, instructor, keeper, jailer, guard or other officer or a
permanent employee of a prison, acting in the course of his duties; or
 a person working in a prison with the permission of the prison authorities and
acting in the course of his work therein.
Hijacking, sexual assault or kidnapping
(5) Irrespective of whether a murder is planned and deliberate on the part of any
person, murder is first-degree murder in respect of a person when the death is caused
by that person while committing or attempting to commit an offence under one of the
following sections:
 section 76 (hijacking an aircraft);
 section 271 (sexual assault);
 section 272 (sexual assault with a weapon, threats to a third party or causing
bodily harm);
 section 273 (aggravated sexual assault);
 section 279 (kidnapping and forcible confinement); or
 section 279.1 (hostage taking).
Criminal harassment
(6) Irrespective of whether a murder is planned and deliberate on the part of any
person, murder is first-degree murder when that person causes the death while
committing or attempting to commit an offence under section 264 and the person
committing that offence intended to cause the person murdered to fear for the safety of
the person murdered or the safety of anyone known to the person murdered.

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Murder — terrorist activity
(6.01) Irrespective of whether a murder is planned and deliberate on the part of a
person, murder is first-degree murder when the death is caused by that person while
committing or attempting to commit an indictable offence under this or any other Act
of Parliament if the act or omission constituting the offence also constitutes terrorist
activity.
Murder — a criminal organization
(6.1) Irrespective of whether a murder is planned and deliberate on the part of a person,
murder is first-degree murder when:
the death is caused by that person for the benefit of, at the direction of or in association
with a criminal organization; or
the death is caused by that person while committing or attempting to commit an
indictable offence under this or any other Act of Parliament for the benefit of, at the
direction of or in association with a criminal organization.
Intimidation
(6.2) Irrespective of whether a murder is planned and deliberate on the part of a person,
murder is first-degree murder when the death is caused by that person while
committing or attempting to commit an offence under section 423.1.
Second-Degree Murder
Simply put, any ‘murder’ that isn’t first-degree murder is second-degree murder.
Manslaughter
Culpable homicide that is not murder or infanticide is manslaughter. If you commit an
unlawful act that results in the death of another person, but you did not intend to cause
death, you could face manslaughter charges. An example of this could be when
someone hits another with an object, and the victim falls and hits their head and dies
from the injury. An unlawful killing committed as a result of provocation in the heat of
the moment (defined in the Criminal Code) can also result in a manslaughter charge
and can even reduce a charge of murder to manslaughter.

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Consequences for Murder in Canada
First-degree murder carries a sentence of life imprisonment with no possibility for
parole for a minimum of 25 years. A second-degree murder conviction also results in a
life sentence. However, the parole ineligibility period ranges from 10-25 years.
Manslaughter consequences vary, up to and including life in prison, and if you use a
gun to commit manslaughter, the minimum sentence is four years.
Hire a Knowledgeable Attorney for a Strong Defence
If you’re facing charges for causing the death of someone, call (416) 658-5855 to speak
with attorney Brian Ross in Toronto. He can help you understand the difference
between murder, manslaughter, and infanticide and devise an effective defence
strategy.
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manslaughter/