Defending Murder and Manslaughter Charges in Ontario
A murder or manslaughter allegation demands careful preparation from the outset. Your defence may involve urgent advice after arrest, a bail application, a detailed review of the evidence and preparation for trial. Lichtman Law provides criminal defence representation in Toronto and across the GTA.
A charge is an allegation, not a finding of guilt. We help you understand the case against you, identify the issues that matter and make informed decisions about your defence.
Murder and Manslaughter: Understanding the Charges
The distinction between these offences depends on the legal requirements and the evidence, including the accused person’s state of mind. Not every death amounts to a criminal offence.
First-Degree Murder
First-degree murder includes murder that is planned and deliberate. The Criminal Code also classifies certain murders as first degree even without proof of planning and deliberation.
Second-Degree Murder
Second-degree murder is murder that does not fall within the first-degree categories. The Crown must still prove the mental element required for murder; an intention to cause some harm is not, by itself, enough.
Manslaughter
Manslaughter is culpable homicide that is neither murder nor infanticide. It remains a serious offence, even where the Crown cannot establish the state of mind required for murder. The precise legal basis of the allegation must be assessed.
What the Crown Must Prove
The Crown must establish every essential element of the charged offence beyond a reasonable doubt. Depending on the allegation, the central issues may include identity, participation, causation, the required state of mind and the circumstances relied on to classify the offence.
We review the disclosure, including witness statements, police notes, video, digital records and medical or forensic evidence. Expert evidence may require particular scrutiny. The defence strategy should respond to the evidence in your case.
Possible Defences and Issues in the Evidence
Identity and Reliability
Identification evidence, inconsistent accounts, unreliable witnesses or gaps in the investigation may be important. The evidence must establish the accused person’s involvement.
Intent and Causation
The evidence about how the death occurred and the accused person’s state of mind requires careful assessment. A failure to prove murder does not automatically rule out liability for a different offence, such as manslaughter.
Self-Defence
Self-defence may be available where the evidence supports the legal requirements. These include a reasonable belief in a use or threat of force, a defensive purpose and a response that is reasonable in the circumstances.
Charter Issues
The circumstances of an arrest, detention, search or statement may raise Charter issues. Any available remedy depends on the rights violation, the evidence and the applicable legal test.
What to Do After an Arrest or Charge
- Ask to speak with a lawyer and obtain legal advice before making a statement to police.
- Preserve relevant evidence. Do not delete messages, alter records or discuss the allegations on social media.
- Follow all court orders and release conditions. Get advice before contacting anyone connected to the case.
- Have a family member contact counsel if you are in custody and need help arranging representation.
Bail in Murder and Manslaughter Cases
For an adult charged with murder, a bail application must be decided by a Superior Court judge under the special procedure in section 522 of the Criminal Code. The accused must show why detention is not justified. Release is not automatic.
A proposed release plan requires careful preparation. We can advise about the applicable procedure, potential sureties and conditions, and the evidence needed to support a bail application. The rules and issues may differ for a manslaughter charge.
Potential Consequences
An adult convicted of murder faces a mandatory life sentence. The applicable period of parole ineligibility depends on the offence and the law. Parole eligibility does not guarantee release.
Manslaughter can also carry a life sentence. The sentence depends on the circumstances and applicable sentencing rules, including any minimum punishment that applies. Different rules apply to young persons.
Preparing Your Defence
Preparation can involve reviewing disclosure, consulting appropriate experts, investigating potential defence evidence and bringing pre-trial applications. We assess the available trial and resolution options with you and explain the implications of each.
Throughout the case, you should understand what is happening, what decisions need to be made and what comes next. Contact Lichtman Law to discuss representation for a murder or manslaughter allegation.
