Murder (Canadian law)

To commit homicide is to cause by any means, directly or indirectly, the death of a human being. All forms of culpable homicide require some form of intent (although not necessarily the intent to cause death, or the death of the victim) or criminal negligence. A death is culpable homicide if it occurs

• by means of an unlawful act;
• by criminal negligence;
• by causing the victim, by threats or fear of violence or by deception, to do anything that causes their death; or
• by wilfully frightening the victim, in the case of a child or sick person.[1]

The general test for causation for culpable homicide is that the accused was a significant contributing cause of the victim's death. However, for a culpable homicide to be murder in the first degree for one of the reasons listed under s. 231(5) of the Criminal Code, viz. hijacking, sexual assault, kidnapping or hostage taking, the judge or jury must also be satisfied that the accused's actions were "an essential, substantial and integral part of the killing of the victim".[2]

In Canada, murder is classified as either first or second degree:[5]

The mandatory sentence for any adult (or youth sentenced as an adult) convicted of murder in Canada is a life sentence, with various time periods before a person may apply for parole.[6] The ability to apply for parole does not mean parole is granted.

In 2011, a amendment to the Criminal Code was passed to allow for consecutive periods of parole ineligibility for multiple murder offences. It gave courts the authority, but not the obligation, to order life sentences be served consecutively instead of concurrently, in effect allowing for the parole ineligibility periods of multiple murders to be stacked together. The provision is constitutionally contested, and in 2020 the Quebec Court of Appeal held that it constituted cruel and unusual punishment, in a ruling reducing the parole ineligibility of Alexandre Bissonnette's life sentence down to the standard 25 years.[7]

For offences committed prior to December 2, 2011, someone guilty of a single murder could have their non-parole period reduced to no less than 15 years under the Faint hope clause. However, this provision is not available for offences committed after that date.

In cases of second-degree murder and within the parameters set under the law, the sentencing judge has the discretion to set the date for parole eligibility after considering recommendations from both the Crown and the defence, as well as any recommendation that a jury in the case may choose to make.

The maximum penalty for manslaughter is imprisonment for life. A mandatory minimum penalty (ranging from 4 to 7 years depending on the circumstances) applies only when the offence is committed with a firearm. Nevertheless, there is also a provision under which a person convicted of a "serious personal injury offence" meeting the statutory criteria may be declared a "dangerous offender". A dangerous offender may be sentenced for an indeterminate period of imprisonment and is eligible for parole after serving a minimum of 7 years. An offender convicted of murder is ineligible to be declared a dangerous offender for that same homicide (since a mandatory life sentence already applies).

A youth (12 to 17 years) who is not sentenced as an adult does not face a life sentence. Instead, if convicted of first degree murder, they must serve a maximum sentence of 10 years, with a maximum of 6 of those years spent in custody. If convicted of second degree murder, they must serve a maximum of 7 years, with a maximum of 4 of those years spent in custody.[8]

• List of murder laws by country