Murder Lawyers in Canada

Section 222(1) says a person commits homicide when, directly or indirectly, by any means, he causes the death of a human being. Culpable homicide is murder, manslaughter or infanticide.

Section 229 says when culpable homicide is murder. The first case is where the person who causes the death means to cause the death, or means to cause bodily harm that the person knows is likely to cause death and is reckless whether death ensues or not. Section 229 adds two more cases, including where a person, for an unlawful object, does anything they know is likely to cause death, and by doing so causes a death.

Section 231(1) says murder is first degree murder or second degree murder. Under section 231(2), murder is first degree murder when it is planned and deliberate.

Section 231 also lists cases that are first degree murder whether or not the murder is planned and deliberate. Under section 231(4), these include a murder where the victim is a police officer or other person employed for the preservation and maintenance of the public peace, acting in the course of their duties. They also include a death caused for the benefit of, at the direction of or in association with a criminal organization. A lawyer can explain which listed case is alleged.

Section 231(7) says all murder that is not first degree murder is second degree murder.

The Crown is the prosecutor. Section 11(d) of the Canadian Charter of Rights and Freedoms gives a person charged with an offence the right to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal. The Crown is the side that has to prove the charge.

For murder, the Crown has to prove that the accused caused the death of a human being (section 222(1)), that the homicide was culpable, and that the accused had one of the states of mind in section 229, such as meaning to cause death. On a charge of first degree murder, the Crown also has to prove that the murder was planned and deliberate or falls in one of the cases listed in section 231.

Culpable homicide that does not meet section 229 is not murder. Section 222(4) names manslaughter and infanticide as the other kinds. Which label fits a death is decided on the evidence.

Under section 235(1), a person who commits first degree murder or second degree murder is guilty of an indictable offence and shall be sentenced to imprisonment for life. Section 235(2) says the sentence of life imprisonment is a minimum punishment.

Section 745 sets how long a person sentenced to life for murder must serve before parole eligibility. For first degree murder, it is twenty-five years. For second degree murder, it is at least ten years, and under section 745.4 the trial judge may substitute a number of years that is more than ten but not more than twenty-five, having regard to the character of the offender, the nature of the offence and the circumstances. Section 745.1 sets different periods for a person who was under the age of 18 when the offence was committed.

Manslaughter is a separate offence. Section 236(1) makes it an indictable offence with a maximum of life imprisonment. Where a firearm is used in the commission of the offence, section 236(1) adds a minimum punishment of imprisonment for four years.

A maximum or a minimum is a limit set by law. It does not say what sentence a court would give in any case.

Section 229 turns on what the person meant to do or knew, so the state of mind alleged is part of what the court decides.

Section 232(1) says culpable homicide that otherwise would be murder may be reduced to manslaughter if the person who committed it did so in the heat of passion caused by sudden provocation. Under section 232(2), provocation is conduct of the victim that would constitute an indictable offence punishable by five or more years of imprisonment, and that is sufficient to deprive an ordinary person of the power of self-control.

Section 34 sets out self-defence. It applies where the person believes on reasonable grounds that force is being used or threatened against them or another person, the act is committed to defend or protect, and the act is reasonable in the circumstances. Whether it applies is a question for the court.

Charter rights apply from the start. Section 8 gives everyone the right to be secure against unreasonable search or seizure, and section 9 the right not to be arbitrarily detained or imprisoned. Section 10(b) gives everyone, on arrest or detention, the right to retain and instruct counsel without delay and to be informed of that right. Section 24(2) says evidence obtained in a manner that infringed Charter rights shall be excluded if admitting it would bring the administration of justice into disrepute. A lawyer can say whether any of these issues arises in a particular case.

In Ontario, every charge under the Criminal Code starts in the Ontario Court of Justice, and about 95% of charges are completed there. The Superior Court of Justice can try any indictable offence but generally tries only the most serious ones, and the court's own description names murder among them. Trials there are by a judge alone or with a jury.

Bail works differently for murder. Section 469 sets out offences, including murder under section 235, that fall outside the general jurisdiction of every court of criminal jurisdiction. Under section 522(1), where an accused is charged with an offence listed in section 469, no court, judge or justice other than a judge of a superior court of criminal jurisdiction for the province may release the accused. Under section 522(2), that judge shall order that the accused be detained in custody unless the accused shows cause why detention is not justified. Section 11(e) of the Charter protects the right not to be denied reasonable bail without just cause.

After a conviction on indictment, an appeal goes to the court of appeal. Under section 675(1), a person may appeal as of right on any ground that involves a question of law alone. Under section 675(2), a person convicted of second degree murder and sentenced to life without eligibility for parole for a specified number of years in excess of 10 may appeal against the number of years in excess of 10.

Legal Aid Ontario may pay for a lawyer if the person qualifies and is charged with a crime that could mean jail on conviction, or is 12 to 17 and charged under the Youth Criminal Justice Act. Duty counsel is a lawyer at the courthouse for that day. Duty counsel can advise on rights, ask to delay a court date, act at a bail hearing, help with a guilty plea, speak at sentencing, and meet the Crown, for people who qualify and have no lawyer.

A legal aid certificate pays a roster lawyer, one approved to take legal aid clients, for the length of the criminal case. Applications are online or by phone at 1-800-668-8258.

The Law Society of Ontario keeps a public Lawyer and Paralegal Directory, where a lawyer's licence can be looked up. The Ontario lawyers on this site are listed by city. Nothing on this page ranks or recommends any of them.