Homicide Laws (Youth)

Culpable homicideA killing where intent is proven is the legal term for a death that the law treats as your fault. Under the Criminal Code, there are several ways a death can be culpable: you caused it through an unlawful act; you caused it through criminal negligence; you caused it by threatening, deceiving, or frightening someone into doing something that led to their death; or you wilfully frightened a child or a sick person and that fright caused their death (s.222(5)). A non-culpable homicide, for example an accidental death or a killing in lawful self-defenceA defence involving force used to protect against force or threat., is not an offence (s.222(3)).

First-degree murder is the most serious charge of homicide. It is a killing that is planned and deliberate. If you kill someone but did not have the intention you can face manslaughter charges. This could include an incident where you are fighting with someone, shove them and they die after falling.

First-Degree Murder

Premeditation is the key with first-degree murder. Covered under s.231, first-degree is a homicide that is planned and deliberate such as a contract killing. You can also be found guilty of first-degree murder if a death occurs while you are committing or attempting to commit one of a specific list of offences under the Criminal Code, including: hijacking an aircraft (s.76), sexual assault (ss.271 to 273), kidnapping or forcible confinement (s.279), and hostage-taking (s.279.1). This automatic first-degree rule also covers deaths connected to criminal harassment (s.231(6)), terrorist activity (s.231(6.01)), or crimes committed for the benefit of a criminal organization (s.231(6.1)). Killing of an on-duty police officer or a prison employee is also considered a first-degree homicide.

Second-Degree Murder

Second-degree murder is defined in s.231(7) as any murder that is not first-degree murder. It is a deliberate killing that occurs without planning. For example, killing someone during an argument or in the heat of passion would be considered second-degree murder. The difference between first-degree and second-degree murder involves parole eligibility.

Manslaughter

If you commit an unlawful act that causes the death of another you could be convicted of manslaughter under s.234 of the Code. Unlike murder, there was no intent to kill. Manslaughter charges can also be laid in cases of criminal negligence. The law states that if you do something wrong and a person dies you could be found guilty of manslaughter. In some cases, a murder charge may be tried as manslaughter if the mental faculties of the accused were impaired or if the homicide occurred in the heat of passion.

Infanticide

Section 233 of the Criminal Code states that a woman commits infanticide if she wilfully causes the death of her newly-born child by an act or omission, at a time when she has not fully recovered from the effects of giving birth and, because of that or because of the effects of breastfeeding, her mind is disturbed.

The Crown prosecutorA lawyer who conducts a criminal prosecution on behalf of the public. has different burdens of proof to win a conviction depending on the type of homicide. It must be established beyond a reasonable doubtThe high standard the Crown must meet to prove guilt. that you are the person who committed the unlawful act and that act contributed to the death.

For a first-degree murder conviction, it must be established beyond a reasonable doubt that you planned and deliberately killed the victim.

For a second-degree murder conviction, the Crown must prove beyond a reasonable doubt that you either meant to cause the person's death, or that you meant to cause them serious bodily harm while knowing that harm was likely to kill them and not caring whether they died or not (s.229). You do not have to have planned the killing in advance.

With manslaughter, the Crown is not obligated to show that you had the intent to kill, only that the death was the result of an unlawful act.

A defence attorney may be able to argue why your arrest was not lawful under the Canadian Charter of Rights and Freedoms. If you were acting in self-defence and did not mean to cause death you could be acquitted.

All homicide offences are among the most serious under the Criminal Code. Murder (s.235) and manslaughter (s.236) are indictable offenceA more serious type of Canadian criminal offence.s. Infanticide (s.237) can be prosecuted as an indictable offence or by summary convictionLess-serious criminal offences; the indictable route carries a maximum of five years. A conviction for any of these offences will result in a prison sentence. The section below explains what those sentences look like for youth and for adults.

The maximum sentence for any criminal offence under the Youth Criminal Justice Act (YCJA) ranges from two to 10 years depending on the crime. Judges are also permitted to impose an adult sentence for serious offences where the offender was 14 years of age or older when the crime was committed. Crown prosecutors may apply to seek an adult sentence when a youth is found guilty of murder, attempted murder, manslaughter or aggravated sexual assault. The Act allows provinces to raise the age at which adult sentences can be sought to 15 or 16. If you are between the ages of 12 and 13 you will not face a life sentence.

If you are sentenced as an adult, you face the same penalties under the Criminal Code as an adult offender, including any mandatory minimums. One example is that if you receive an adult sentence for manslaughter and a firearm was used, the four-year mandatory minimum under s.236(a) of the Criminal Code does apply. The only other key difference is parole eligibility.

Sentences for homicide convictions include:

Infanticide: The adult sentence under s.237 carries a maximum of five years imprisonment with no minimum term. The maximum sentence available under the YCJA is three years.

Manslaughter: Penalties range from probation to life imprisonment, although a life term is not an automatic sentence for manslaughter. Mandatory minimum sentences do not apply to a young personA person dealt with under the youth criminal justice system. sentenced under the YCJA, except where an adult sentence is imposed. As a youth you could face up to three years in jail.

First-degree and second-degree murder: Mandatory life sentence if sentenced as an adult. The difference in the charges deals with parole eligibility. Once you have served your sentence for murder, you will be limited by the conditions of your parole for the rest of your life.

Parole eligibility under the YCJA: First-degree murder: Maximum of 10 years with a maximum of six years in custody and the remainder in the community under supervision with conditions. Second-degree murder: Maximum of seven years with a maximum of four years in custody and the remainder in the community under supervision with conditions.

If you are sentenced as an adult, you will be placed in a youth custody facility until you are at least 18. After you turn 18, a court may order your transfer to an adult correctional facility on the application of the provincial director (YCJA s.92). If no court-ordered transfer has occurred by the time you turn 20, you will generally be moved to an adult facility at that point (YCJA s.93), unless the provincial director orders that you remain in the youth facility.

This page is about a young person — someone aged 12 to 17 at the time of the offence — under the Youth Criminal Justice Act (YCJA).

A young person can be charged with this Criminal Code offence, but youth sentencing is different from adult sentencing. If the young person is found guilty, the youth justice court applies the Youth Criminal Justice Act.

Many less serious first-time youth matters may be handled through warnings, cautions, referrals, or extrajudicial measures instead of a formal court sentence. If the court does impose a youth sentence, the YCJA provides a range of options, including reprimands, discharges, probation, community service, restitution, and, in more serious cases, custody and supervision.

Custody is not the starting point for every youth case. The result depends on the charge, the facts, the young person’s history, the harm caused, the available programs, and the YCJA sentencing principles.

In rare cases, the Crown can ask for an adult sentence. That is not automatic. The court must apply the YCJA test before an adult sentence can be imposed.

For first degree murder, the maximum youth sentence is 10 years total, with no more than 6 years in custody. For second degree murder, the maximum youth sentence is 7 years total, with no more than 4 years in custody.

Manslaughter is one of the offences with a special three-year custody-and-supervision cap. Infanticide follows the general youth-sentence rules unless a more specific statutory rule applies.

For murder, the Crown is more likely than in many other youth cases to consider asking for an adult sentence. That is not automatic. The Crown must apply, and the youth justice court must decide whether the legal test for an adult sentence is met.

For a fuller explanation of how young people are sentenced, see How Youth Sentencing Works in Canada.