MURDER IN CANADA

Culpable Homicide

The Canadian Criminal Code defines murder as a culpable homicide with specific intentions.

First Degree Murder:

  • Planned and deliberate
  • Contracted
  • Committed against an identified peace officer
  • Committed or attempting to commit the highjacking of an aircraft
  • Committed or attempting to commit sexual assault
  • Committed or attempting to commit sexual assault with a weapon
  • Committed or attempting to commit aggravated sexual assault
  • Committing or attempting to commit kidnapping and forcible confinement
  • During a hostage taking
  • Committing criminal harassment
  • Committed during terrorist activity
  • Using explosives in association with a criminal organization
  • Committing intimidation

Second degree any murder which is not first degree murder.

Sentencing

Offence Special Circumstances Ineligible for Parole Time Period
1st Degree Murder In general 25 years
Offender was 16 or 17 years old at time of the offence 10 years
Offender was 16 or 17 years old at time of the offence 5-7 years
2nd Degree Murder In general 10-25 years
Committed by an offender previously convicted of murder 25 years
Offender was 16 or 17 years old at time of the offence 7 years

Multiple Murder Offences

The court will consider jury recommendations about sentencing and then impose consecutive sentences (each sentence is served one after the other) or concurrent sentences (each sentence is served at the same time).

So, if an offender is found guilty of the 1st degree murder of three people and given 25 years for each to be served consecutively, they are not eligible for parole for 75 years. An offender found guilty similarly, but has the sentence imposed to be served concurrently would be eligible for parole in 25 years.

Dangerous Offender Designation

Those who area considered violent criminals and sexual predators can be given a dangerous offender designation if there is a high risk of re-offending. The designation carries an automatic sentence of imprisonment for an indeterminate period, with no chance of parole for seven years.