Murder under Canadian law

Murder in Canada is defined as a culpable homicide with specific intentions. It is defined by the Criminal Code, a statute passed by the Parliament of Canada and which applies uniformly across Canada.

Murder is a sub-category of culpable homicide which is defined as causing the death of a human being,

In addition, depending on the type of homicide offence, there may be different degrees of causation that the Crown is required to prove. The general test for causation in all homicide offences is a significant contributing cause of the victim's death. If the jury finds that the accused committed the murder in the context of one of the criteria listed for first degree murder (under s. 231(5)), then the jury must be satisfied the accused was a substantial cause of the victim's death before finding the accused guilty of first degree murder.

Manslaughter is any culpable homicide which is not murder or infanticide.

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.

Murder occurs

In Canada, murder is classified as either first or second degree:

The mandatory sentence for any adult (or youth sentenced as an adult) convicted of murder in Canada is a life sentence, with various time periods before a person may apply for parole. The ability to apply for parole does not mean parole is granted.

For multiple murder offences committed after December 2, 2011, a court may, after considering any jury recommendation, impose consecutive periods of parole ineligibility for each murder. While the provision is not mandatory, this means, for example, that an individual convicted of three counts of first degree murder could face life with no parole for 75 years - or 25 years for each conviction. This provision has been used in several cases where parole ineligibility periods have been extended beyond 25 years; in three cases to 75 years prior to parole eligibility.

See also: Life imprisonment in Canada

For offences committed prior to December 2, 2011, someone guilty of a single murder could have his/her non-parole period reduced to no less than 15 years under the Faint hope clause. However, this provision is not available for offences committed after that date.

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