359:, youths (12 to 17 years) convicted of murder who are not sentenced as an adult do not face a life sentence. Instead, if convicted of first-degree murder, they must serve a maximum sentence of ten years, with a maximum of six of those years spent in custody. If convicted of second-degree murder, they must serve a maximum of seven years, with a maximum of four of those years spent in custody. A youth convicted of manslaughter or infanticide faces a maximum sentence of three and two years respectively, with two-thirds served in custody (except under exceptional circumstances), and the remainder under community supervision. There are two levels of custody for youth, open and closed, with the former being less restrictive than the latter. There is no parole available for offenders in youth facilities, however, there are mandatory annual reviews in which a youth can ask for their level of custody to be lowered, or that the remainder of their sentence be served in the community with conditions similar to parole.
350:". A dangerous offender may be sentenced to 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).
341:
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 defense, as well as any recommendation that a jury in the case may choose to make.
320:
In 2011, an 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
345:
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
237:. However the ability to apply for parole does not mean parole is guaranteed. This sentencing regime does not apply to youths unless they're sentenced as adults. A youth can, but is not required to, receive an adult sentence if they were at least 14 years of age at the time of the offence.
171:
They committed the murder while committing or attempting to commit the hijacking of an aircraft, sexual assault, kidnapping, forcible confinement, hostage taking, criminal harassment, intimidation, an offence in relation to a criminal organization, or an offence that constitutes terrorist
459:
The intent that must be demonstrated in order to convict under s. 212(a)(ii) has two aspects. There must be (a) subjective intent to cause bodily harm, and (b) subjective knowledge that the bodily harm is of such a nature that it is likely to result in
114:, 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".
40:
is the act of causing death to another person through any means, directly or indirectly. Homicide can either be culpable or non-culpable, with the former being unlawful under a category of offences defined in the
83:
homicide require some form of intent (although not necessarily the intent to cause death, or the death of the victim) or criminal negligence. In particular, a homicide is culpable if it occurs:
334:
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
140:
caused the death while committing a "dangerous act" that the accused knew death was a likely result of, in the course of committing (or attempting to commit) an
203:
Infanticide is the killing of a newly-born child by its mother where the mother's mind was disturbed as a result of giving birth or of consequent lactation.
233:
The mandatory sentence for any adult convicted of murder in Canada is a life sentence, with various time periods before a person may apply for
671:
661:
371:
224:
497:
228:
137:
means to cause bodily harm to the victim or another person, if they know the bodily harm is likely to cause death, or
355:
175:
They committed the murder "for the benefit of, at the direction of or in association with a criminal organization".
666:
94:
by causing the victim, by threats or fear of violence or by deception, to do anything that causes their death; or
321:
ineligibility periods of multiple murders to be stacked together. The provision was however struck down by the
444:
322:
43:
576:
562:
548:
472:
511:
640:
415:
48:
617:
429:
592:
534:
347:
141:
311:
Where the offender was 14 or 15 years old at the time of the offence and sentenced as an adult
303:
Where the offender was 16 or 17 years old at the time of the offence and sentenced as an adult
276:
Where the offender was 14 or 15 years old at the time of the offence and sentenced as an adult
268:
Where the offender was 16 or 17 years old at the time of the offence and sentenced as an adult
491:
335:
56:
79:
is to cause by any means, directly or indirectly, the death of a human being. All forms of
327:
655:
17:
338:. However, this provision is not available for offences committed after that date.
60:
64:
102:
The general test for causation for culpable homicide is that the accused was a
179:
In any case, the accused must have one of the intents for murder described in
346:
personal injury offence" meeting the statutory criteria may be declared a "
97:
by wilfully frightening the victim, in the case of a child or sick person.
76:
390:
Including offences listed in sections 272 and 273 of the criminal code
234:
106:
of the victim's death. However, for a culpable homicide to be murder
52:
33:
117:
A homicide that is not culpable is not illegal under criminal law.
160:"Planned" means "carefully thought out before it was carried out".
195:, that does not meet the definition of first-degree murder.
130:
Murder occurs where a person who commits culpable homicide:
134:
means to cause the death of the victim or another person,
362:
The maximum prison sentence for infanticide is 5 years.
287:
Committed by an offender previously convicted of murder
191:
Second-degree murder includes any murder, as defined in
110:
for one of the reasons listed under s. 231(5) of the
168:The victim is a police officer or prison employee.
163:"Deliberated" means "considered, not impulsive".
85:
8:
616:Branch, Legislative Services (2022-01-16).
591:Branch, Legislative Services (2022-01-16).
51:that applies uniformly across the country.
512:"R. v. Nygaard [1989] 2 SCR 1074"
157:They planned and deliberated the murder.
153:A person commits first-degree murder if:
445:"R. v. Cooper, [1993] 1 SCR 146"
241:Parole ineligibility periods for murder
239:
411:
409:
407:
403:
383:
215:murder or infanticide is manslaughter.
489:
7:
618:"Section 745.1 of the Criminal Code"
593:"Section 745 of the Criminal Code"
25:
644:, SC 2002, c 1, s 42(2)(q),(r).
55:is the most serious category of
372:List of murder laws by country
104:significant contributing cause
1:
225:Criminal sentencing in Canada
211:A culpable homicide which is
252:Parole ineligibility period
88:by means of an unlawful act;
473:"R. v. Roks, 2011 ONCA 526"
229:Life imprisonment in Canada
192:
180:
688:
642:Youth Criminal Justice Act
580:, RSC 1985, c C-46, s 235.
566:, RSC 1985, c C-34, s 234.
552:, RSC 1985, c C-46, s 233.
538:, RSC 1985, c C-46, s 231.
433:, 3 SCR 488, 2001 SCC 78.
419:, RSC 1985, c C-46, s 222.
356:Youth Criminal Justice Act
222:
47:, a statute passed by the
283:
256:
496:: CS1 maint: location (
622:laws-lois.justice.gc.ca
597:laws-lois.justice.gc.ca
478:. paragraphs 124 to 137
91:by criminal negligence;
100:
27:Aspect of Canadian law
672:Canadian criminal law
662:Murder law by country
284:Second degree murder
18:Murder (Canadian law)
257:First degree murder
187:Second-degree murder
49:Parliament of Canada
242:
149:First-degree murder
108:in the first degree
59:, the others being
348:dangerous offender
240:
142:indictable offence
336:Faint hope clause
318:
317:
193:the section above
181:the section above
57:culpable homicide
16:(Redirected from
679:
667:Murder in Canada
646:
638:
632:
631:
629:
628:
613:
607:
606:
604:
603:
588:
582:
574:
568:
560:
554:
546:
540:
532:
526:
525:
523:
521:
516:
508:
502:
501:
495:
487:
485:
483:
477:
469:
463:
462:
456:
454:
449:
441:
435:
427:
421:
413:
391:
388:
243:
21:
687:
686:
682:
681:
680:
678:
677:
676:
652:
651:
650:
649:
639:
635:
626:
624:
615:
614:
610:
601:
599:
590:
589:
585:
575:
571:
561:
557:
547:
543:
533:
529:
519:
517:
514:
510:
509:
505:
488:
481:
479:
475:
471:
470:
466:
452:
450:
447:
443:
442:
438:
428:
424:
414:
405:
400:
395:
394:
389:
385:
380:
368:
328:R v Bissonnette
231:
221:
209:
201:
189:
151:
128:
123:
73:
28:
23:
22:
15:
12:
11:
5:
685:
683:
675:
674:
669:
664:
654:
653:
648:
647:
633:
608:
583:
569:
555:
541:
527:
503:
464:
436:
422:
402:
401:
399:
396:
393:
392:
382:
381:
379:
376:
375:
374:
367:
364:
316:
315:
312:
308:
307:
304:
300:
299:
296:
292:
291:
288:
285:
281:
280:
277:
273:
272:
269:
265:
264:
261:
258:
254:
253:
250:
249:Circumstances
247:
220:
217:
208:
205:
200:
197:
188:
185:
177:
176:
173:
169:
166:
165:
164:
161:
150:
147:
146:
145:
138:
135:
127:
124:
122:
119:
99:
98:
95:
92:
89:
72:
69:
26:
24:
14:
13:
10:
9:
6:
4:
3:
2:
684:
673:
670:
668:
665:
663:
660:
659:
657:
645:
643:
637:
634:
623:
619:
612:
609:
598:
594:
587:
584:
581:
579:
578:Criminal Code
573:
570:
567:
565:
564:Criminal Code
559:
556:
553:
551:
550:Criminal Code
545:
542:
539:
537:
536:Criminal Code
531:
528:
513:
507:
504:
499:
493:
474:
468:
465:
461:
446:
440:
437:
434:
432:
426:
423:
420:
418:
417:Criminal Code
412:
410:
408:
404:
397:
387:
384:
377:
373:
370:
369:
365:
363:
360:
358:
357:
351:
349:
343:
339:
337:
332:
330:
329:
324:
323:Supreme Court
313:
310:
309:
305:
302:
301:
297:
294:
293:
289:
286:
282:
278:
275:
274:
270:
267:
266:
262:
259:
255:
251:
248:
245:
244:
238:
236:
230:
226:
218:
216:
214:
206:
204:
198:
196:
194:
186:
184:
182:
174:
170:
167:
162:
159:
158:
156:
155:
154:
148:
143:
139:
136:
133:
132:
131:
125:
120:
118:
115:
113:
112:Criminal Code
109:
105:
96:
93:
90:
87:
86:
84:
82:
78:
70:
68:
66:
62:
58:
54:
50:
46:
45:
44:Criminal Code
39:
35:
30:
19:
641:
636:
625:. Retrieved
621:
611:
600:. Retrieved
596:
586:
577:
572:
563:
558:
549:
544:
535:
530:
518:. Retrieved
506:
480:. Retrieved
467:
458:
451:. Retrieved
439:
430:
425:
416:
386:
361:
354:
352:
344:
340:
333:
326:
319:
298:10–25 years
232:
212:
210:
207:Manslaughter
202:
190:
178:
152:
129:
116:
111:
107:
103:
101:
80:
74:
61:manslaughter
42:
37:
31:
29:
520:13 November
482:13 November
453:13 November
295:In general
260:In general
199:Infanticide
71:Culpability
65:infanticide
656:Categories
627:2022-05-12
602:2022-05-12
398:References
353:Under the
314:5–7 years
279:5–7 years
223:See also:
75:To commit
431:R v Nette
290:25 years
271:10 years
263:25 years
219:Penalties
172:activity.
492:cite web
366:See also
306:7 years
246:Offence
121:Offences
81:culpable
77:homicide
38:homicide
460:death.
235:parole
126:Murder
53:Murder
34:Canada
515:(PDF)
476:(PDF)
448:(PDF)
378:Notes
522:2021
498:link
484:2021
455:2021
227:and
63:and
325:in
213:not
32:In
658::
620:.
595:.
494:}}
490:{{
457:.
406:^
331:.
183:.
67:.
36:,
630:.
605:.
524:.
500:)
486:.
144:.
20:)
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.