In Canada we often run into various terms to describe when someone is killed as a crime – homicide, murder, manslaughter, etc. It can all get very confusing. What’s the difference between them all? Read more below for a discussion on murder, manslaughter, and everything in between:

Criminal Code of Canada

The Criminal Code of Canada (“Criminal Code”) is a federal law that includes definitions of most criminal offences that have been enacted by the government. Murder and manslaughter are crimes in Canada and under the Criminal Code fall into the broader category of homicide.

Homicide in Canada

According to section 222 of the Criminal Code, “homicide” is defined as killing or taking the life of another person. Homicide can further be defined as culpable homicide or non-culpable homicide.

Non-culpable homicide is when a person takes the life of another person unintentionally or involuntarily. Examples of non-culpable homicide include self-defence or when done completely by accident. Non-culpable homicide is not an offence under the Criminal Code, but there may be some other penalties imposed by a court (although not as serious as culpable homicide).

Culpable homicide is the intentional and voluntary killing of another person. Culpable homicide is an offence under the Criminal Code, and in fact a more specific definition is provide: culpable homicide occurs when a person causes the death of another person by (a) an unlawful act, (b) criminal negligence, (c) using threats, fear of violence or deception to cause a person to do something that causes their death, and (d) willfully frightening another person in the case of a child or sick person.

The Criminal Code recognizes three types of culpable homicide: murder, manslaughter, and infanticide. Let’s discuss more below about each one.

Murder in Canada

Murder is discussed at section 231 of the Criminal Code. It is divided into first degree murder and second degree murder.

Generally, first degree murders are planned and deliberate. For example, the deadly Quebec Mosque shooting in January 2017 was found to be planned and deliberate and the shooter was convicted of six counts of first degree murder. However, not all homicides require planning for it to be considered first degree murder. Exceptions include:

• The killing of a peace officer in the course of their duties (i.e. on-duty police officer or prison employee).
• A killing committed during a hijacking, sexual assault, kidnapping, hostage taking, terrorism, intimidation, criminal harassment. Any offence committed on behalf of a criminal organization.

The penalty or sentence for first degree murders carries an automatic life sentence with no possibility of parole for 25 years.

Second degree murder is defined in the Criminal Code as murder that isn’t first degree murder. Not exactly a great definition right? We thought so too. A better definition of second degree murder is probably that it is a less aggravated form of murder. The minimum sentence for second degree murder is life in prison with no parole for 10 years, but sentences can be as long as life in prison without parole for 25 years.

Manslaughter in Canada

Manslaughter is discussed at section 234 of the Criminal Code. It is defined as a culpable homicide that is not murder or infanticide. Again, not very helpful right? Practically, manslaughter is when a killing occurs where intent is less than murder. It is when a person dies as a result of a person doing something wrong (while not intending to kill or cause significant bodily harm that they knew may result in death).

The difference between murder and manslaughter can be very nuanced. An example of murder could be if a hitman pulls up on their motorcycle in the busy street and kills their intended target with a gun. In contrast, manslaughter could be if that same hitman pulls up on their motorcycle and carelessly shoots their gun into a crowd and accidentally kills bystanders.

Manslaughter carries no minimum sentence, except when it is committed with a firearm, in which case the minimum sentence is four years in prison. Courts have the discretion to sentence someone convicted of manslaughter with everything from probation to life imprisonment.

Infanticide in Canada

Infanticide is defined at section 233 of the Criminal Code. Infanticide is a type of culpable homicide where a mother causes the death of her newborn child, either willfully or through an act of omission, while in a mentally disturbed state resulting from the effects of giving birth to the child. For example, infanticide can occur if a mother chooses not to feed her newborn baby.

Infanticide is similar to manslaughter in that there is no minimum sentence, but the maximum sentence is five years in prison.

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