Homicide is one of the most serious crimes you can ever be accused of. The categories are: first degree murder, second degree murder, and manslaughter.

What is the difference between first degree murder and second degree murder?

In Canada, murder is either first or second degree. Persons convicted of either degree of murder must be sentenced to imprisonment for life. Persons convicted of first-degree murder are not eligible for parole until they have served at least 25 years of their sentence. Persons convicted of second-degree murder are not eligible for parole until they have served between 10 and 25 years, as determined by the Court. It is important to note that convicted persons who were under 18 at the time of the offence have different periods of parole ineligibility.

First degree murders are either planned, or happen while committing another Indictable offence. If you are accused of “laying in wait” to murder someone then you’ll be charged with first degree murder. You’ll also be charged with first degree murder if you commit a robbery and someone dies while you are committing that crime. A murder would also be charged as first-degree murder if you were committing it on behalf of any criminal or terrorist organization.

Second degree murder is a deliberate killing that is unplanned. An example is an argument that leads to a fight and where one individual kills another individual during the fight.

What is manslaughter?

Manslaughter is a form of culpable homicide that arises from events that result in the death of another without intent to cause the death. The death could be the result of an unlawful act. For example, if you break the law by running a red light and then strike a pedestrian, the police could charge you with manslaughter.

You can also be charged with manslaughter if you engaged in criminal negligence that resulted in the death of another. A “reasonable person” would have to be able to predict that their actions could result in the death of another person.

Homicide law also recognizes infanticide as a crime, and makes special allowances for mothers who are suffering from mental health problems, like severe postpartum depression.