"Homicide" is not a single charge under the Criminal Code; it is a category describing any death caused by another person, which can result in several different charges depending on the person's state of mind, the circumstances, and whether the death was intended. This guide gives an overview of Ontario's homicide-related offences — first and second degree murder, manslaughter, criminal negligence causing death, and infanticide — and explains how they differ. This is an extremely serious and legally complex area, and this page provides general legal information only, not legal advice about any specific case.
Culpable Homicide: The Overall Framework
The Criminal Code defines culpable homicide as murder, manslaughter, or infanticide. A death that results from an accident with no element of fault generally is not a culpable homicide at all. Where a death is culpable, the specific charge that follows depends heavily on the person's intent and state of mind at the time, which is why two cases resulting in a death can lead to very different charges and very different sentences.
Murder: First and Second Degree
Murder, under section 229 of the Criminal Code, generally requires that the person meant to cause death, or meant to cause bodily harm that they knew was likely to cause death and was reckless as to whether death resulted. Murder is divided into first degree and second degree murder, both of which carry a mandatory sentence of life imprisonment, but with different periods before a person becomes eligible to apply for parole.
Murder (Sections 229, 231, 235) at a Glance
- Classification
- Indictable offence only
- Sentence
- Mandatory imprisonment for life for both first and second degree murder
- Parole ineligibility – first degree
- 25 years
- Parole ineligibility – second degree
- Between 10 and 25 years, set by the sentencing judge
These figures reflect the Criminal Code as of this page's last update. Parole eligibility is not the same as automatic release; it only marks the earliest point a person may apply. A criminal lawyer can explain how these rules apply to a specific case.
What Makes Murder "First Degree"
Section 231 of the Criminal Code sets out the specific circumstances that elevate murder to first degree, generally including where the murder is planned and deliberate, where the victim is an on-duty police officer or other justice-system participant known to be acting in that capacity, where the death occurs during the commission of certain other serious offences such as sexual assault, kidnapping, or hostage-taking, or where the death results from criminal harassment of the victim. All murder that does not meet one of these specific categories is classified as second degree murder. This distinction can be one of the most heavily contested issues at a murder trial, since it directly affects the period of parole ineligibility.
In June 2026, Parliament passed the Protecting Victims Act (Bill C-16), which expanded the first-degree categories under section 231, effective July 2026. Murder is now treated as first degree, regardless of planning or deliberation, where it amounts to the killing of an intimate partner who had been subjected to a pattern of coercive or controlling conduct by the accused, where it is motivated by hate based on a protected characteristic such as race, religion, sex, or sexual orientation, or in certain other aggravating circumstances added by the same legislation. Because this is a very recent change, a criminal lawyer can confirm exactly how it applies to a specific case.
Manslaughter
Manslaughter, under section 236 of the Criminal Code, is a culpable homicide that does not meet the specific intent requirements for murder. It commonly arises where a death results from an assault or other unlawful act that the person did not intend to cause death, or from criminal negligence, without the specific intent required for a murder conviction. Manslaughter can also result where a homicide would otherwise be murder but is reduced due to a recognized partial defence.
Manslaughter (Section 236) at a Glance
- Classification
- Indictable offence only
- Maximum penalty
- Life imprisonment
- Mandatory minimum – firearm used
- 4 years imprisonment
- Mandatory minimum – no firearm
- None; sentencing is at the discretion of the judge, up to life imprisonment
Because manslaughter covers an unusually wide range of conduct — from a single unintended blow that unexpectedly causes death to sustained violence — actual sentences vary more than for almost any other offence in the Criminal Code. See our sentencing overview for general principles.
Criminal Negligence Causing Death
Separately from murder and manslaughter, section 220 of the Criminal Code makes it an offence to cause death through criminal negligence, meaning a marked and substantial departure from the standard of care a reasonable person would use, showing wanton or reckless disregard for the lives or safety of others. This charge often arises in contexts such as workplace deaths or serious driving incidents, though dangerous driving causing death is more commonly prosecuted under Ontario's driving-related offences, discussed on our dangerous driving page. Criminal negligence causing death carries a maximum penalty of life imprisonment, with a mandatory minimum sentence of 4 years where a firearm was used in the offence.
Infanticide
Infanticide, under section 233 of the Criminal Code, is a distinct and narrow offence that applies where a mother causes the death of her newly-born child by a wilful act or omission, at a time when her mind is disturbed because she has not fully recovered from the effects of giving birth or from lactation following the birth. It reflects a recognition, specific to this circumstance, that a different and lower maximum penalty is appropriate. Infanticide carries a maximum penalty of 5 years imprisonment, substantially lower than the penalties for murder or manslaughter.
Homicide investigations and prosecutions are among the most complex proceedings in the Canadian justice system. If you or someone you know is connected to a homicide investigation in any way, getting experienced legal representation immediately, before answering any questions, is critical. See our page on the right to a lawyer and our page on the right to remain silent.
Possible Defences and Reductions
Homicide cases can involve a wide range of legal issues, including whether the Crown can prove that the accused caused the death, whether the required intent for murder is established, whether the person acted in self-defence or defence of another under sections 34 to 35 of the Criminal Code, and whether recognized partial defences, such as provocation in specific and narrow circumstances, might reduce what would otherwise be murder to manslaughter. Given the severity of these charges and the complexity of the applicable law, homicide cases require experienced legal counsel and a thorough, case-specific analysis that cannot be summarized in general terms on this page.
What Happens After a Homicide Charge
A person charged with a homicide offence will not be released by police and will face a bail hearing, if bail is sought at all; some homicide charges involve a reverse onus at bail, meaning the accused must show why detention is not justified. See our page on how bail hearings work for general background. Homicide cases proceed through Ontario's Superior Court of Justice, involve extensive disclosure, and often take considerably longer to resolve than other criminal matters, given the complexity of the evidence typically involved, which can include forensic, pathological, and expert evidence.
Because a homicide charge often begins as an investigation before any charge is formally laid, anyone contacted by police in connection with a death, whether as a witness, a person of interest, or a suspect, should understand that anything said can later be used as evidence. This is true even in an informal conversation that does not feel like a formal interrogation. Our pages on police questioning and statements to police explain the general legal position on responding to police in these situations.
Frequently Asked Questions
What is the difference between murder and manslaughter?
Murder requires that the person meant to cause death, or meant to cause bodily harm they knew was likely to cause death. Manslaughter is a culpable homicide that does not meet this specific intent requirement, such as a death resulting from an assault that was not intended to be fatal.
Is there a death penalty in Canada?
No. Capital punishment was abolished in Canada in 1976. The most severe sentence available for any offence, including first degree murder, is life imprisonment.
What does parole ineligibility actually mean?
It sets the earliest point at which a person serving a life sentence may apply to be considered for parole. It does not guarantee release at that point; the Parole Board of Canada separately decides whether release is appropriate.
Can self-defence apply to a homicide charge?
Yes, in appropriate circumstances. Sections 34 to 35 of the Criminal Code set out the framework for self-defence and defence of another, which can apply to homicide charges depending on the specific facts. This is a complex area requiring careful legal analysis.
Does an assault that unexpectedly causes death always result in a murder charge?
Not necessarily. Where the person did not intend to cause death or bodily harm known to be likely to cause death, an unexpected death resulting from an assault is more likely to be prosecuted as manslaughter rather than murder, though this depends heavily on the specific facts.