- Arrest and Initial Proceedings
- Can You Get Bail for Manslaughter?
- Disclosure of Evidence
- What Are Your Legal Options Before Trial
- Trial Process
- Sentencing and Appeals in Manslaughter Cases
When the maximum sentence for a criminal offence is imprisonment for life, it cannot be more serious. This is the legal reality in Canada when the victim is killed, so if you are charged for homicide such as manslaughter, you need a perfect understanding of the legal process and your options.
The crime of manslaughter can occur either voluntarily or involuntarily, but in both cases, the victim is dead, which is why the manslaughter sentence in Canada is so steep. Voluntary manslaughter happens when the victim dies as a result of actions intended to cause bodily harm but without intent to kill, for example, “in the heat of passion” or during a brawl. In contrast, involuntary manslaughter happens due to recklessness, for example, by accidentally firing a gun.
Due to the maximum gravity of the offence both for the victim and the society, the Crown prosecutes manslaughter strictly as an indictable offence whether a firearm was involved or not. Below, we have a closer look at initial proceedings and bail for manslaughter and explore practical realities and legal options during the trial process.
Arrest and Initial Proceedings
Manslaughter can occur in various scenarios, including domestic and other contexts, ending in the death of the victim. Under these circumstances, the police would immediately arrest the suspect and bring them to the police station. Since manslaughter charges in Canada are an indictable offence, the police will proceed with photographing and fingerprinting, creating a record in the police database and continuing with the interrogation.
At this stage, irrespective of the criminal charges you face, you have the Charter right to remain silent and the right to legal counsel. In practice, this means that when the police start the interrogation, you can politely tell the officers that you choose to remain silent and wish to consult a lawyer.
It is always a better strategy to use your legal rights upon arrest for manslaughter and avoid giving any statements to the police before you speak to a lawyer. Importantly, the police officers are under obligation to provide you with “a reasonable opportunity” to call or message a lawyer and allow sufficient time for the lawyer to return a message or a call.
Can You Get Bail for Manslaughter?
According to criminal law, the police must either release you after arrest or hold you for the bail hearing. Given the gravity of manslaughter charges, you will be held in custody until the bail conditions are set.
In Canada, there is no offence for which bail is not available, manslaughter included. If the Crown objects to bail being granted, the prosecutors need to provide the court with sufficient reasons explaining why they think it is in the best interests of justice to keep you in custody. However, in serious allegations, for example, murder, domestic violence and assault with weapon charges, there is a reverse onus, which means that the defence needs to convince the judge why the bail should be granted.
The bail conditions for manslaughter in Canada can include a weapons prohibition, staying within a designated area, not contacting certain individuals and other requirements. Typically, bail requires someone to pledge a certain amount of money or property upfront to ensure that you will comply with the conditions.
Disclosure of Evidence
While you await trial, your defence lawyer will start working on your case, and their first step is always to ask for a full disclosure of evidence that the police and the prosecution have against you. There are certain items in the disclosure that the Crown will only provide to a lawyer, so having one by your side is instrumental in analyzing all the evidence collected in your case.
Given the nature of how manslaughter charges arise in domestic violence or other settings, characterized by a lack of witnesses and other complications, a criminal lawyer often needs to conduct their own investigation and reconstruct the crime scene. Based on their investigation, the defence will critically analyze the prosecution’s case, find the flaws and inconsistencies in their evidence and develop a defence plan based on the individual circumstances.
What Are Your Legal Options Before Trial
Before the trial takes place, Canadian criminal law requires to have pre-trial conferences. These conferences include meetings between the judge, the prosecution, and the accused or their lawyer.
If you have retained criminal lawyers to help you with your case, you do not have to attend these conferences, which will be held in a pre-trial room or the judge’s office. However, if you do not have a lawyer, the conferences will be held in the courtroom where you will represent yourself.
During these conferences, the defence and the Crown can discuss their positions, the evidence in the case and the sentence the prosecution intends to pursue. Based on the analysis of the disclosure and the result of the conferences, the defence can explore a number of options, for example:
- negotiating a settlement with the Crown,
- challenging procedural errors,
- making a motion to suppress certain evidence, for example, on the grounds that it was obtained in violation of Charter rights.
Trial Process
Due to the serious nature of the offence, manslaughter cases are tried in the Superior Court of Justice. Still, you have the option to be tried by the judge alone or by the judge and a jury. The election of the mode of trial can have a significant impact on the outcome of the case and your lawyer will help you make this strategic choice.
During the manslaughter trial process, the prosecution must prove guilt beyond a reasonable doubt. In turn, the defence will cross-examine the evidence submitted by the prosecution and raise reasonable doubt in the minds of the judge and the jury regarding guilt.
When the case is tried by a Superior Court judge alone, the judge administers the process, tries the facts and comes up with the verdict. Meanwhile, in jury trials, the judge leads the trial and acts as a referee while it is the jury who considers the evidence and makes decisions.
There are various defence strategies that can be used under the circumstances, for example, in manslaughter cases involving self-defence or defence of others or when the victim’s death results from an accident and not from illegal acts. Based on the analysis of the disclosure and their own investigation, your lawyer will identify the most effective defence, challenge the prosecution evidence and advocate for the best possible outcome.
Sentencing and Appeals in Manslaughter Cases
The sentencing for manslaughter in Canada hinges on several factors, which include the presence of aggravating circumstances, for example, a previous criminal record, the degree of violence used and other details. When the case involves the use of a firearm, the minimum manslaughter sentence is four years. While the maximum punishment in these cases is life in jail, the average manslaughter sentence in Ontario has been between eight to twelve years.
When someone is convicted, there is always a chance to file an appeal to contest the conviction or sentencing. Filing appeals in manslaughter cases can be a viable option to improve the outcome of the case or fight legal errors in the process, and needs to be done within 30 days of the conviction.
Conclusion
Any crime involving killing someone is prosecuted very seriously, and manslaughter is no exception. Similar to murder, manslaughter cases are tried only in the Superior Court, either by a judge alone or by a judge and a jury and carry the maximum criminal penalty of a lifetime in prison.
Understanding the legal process in manslaughter helps in identifying available legal options and making strategic choices. Meanwhile, having an experienced criminal lawyer by your side is instrumental in challenging the prosecution’s case and securing the best possible outcome.
If you face manslaughter charges in Barrie, Brampton, Mississauga, Scarborough, Newmarket, Richmond Hill, or anywhere else in the Greater Toronto Area, please don’t hesitate to contact Vilkhov Law. Our criminal lawyers have successfully defended the most severe criminal charges in Ontario, including manslaughter cases, and are ready to offer you a free initial consultation on how we can help in your case.
