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(647) 491-5237 In Canada, murder is the most serious criminal offence you can be charged with. The facts are often complicated, and the stakes are very high. A lawyer’s legal expertise and advocacy experience is invaluable when dealing with this charge.
Murder is intentional and culpable homicide. Under section 229 of the Criminal Code of Canada, a person commits murder when they cause the death of another person with the intent to cause their death or with the intent to cause them bodily harm that they know is likely to cause death and was reckless as to whether death ensued or not.
Murder can be in the first degree or second degree.
It is also important to note that manslaughter is considered to be a “lesser included offence” to murder. That means that even if you are charged with murder, you could ultimately be convicted of manslaughter instead, if the element of intention is not made out. Additionally, the Criminal Code allows for the partial defence of provocation which reduces murder to manslaughter.
To secure a murder conviction, the Crown must prove beyond a reasonable doubt that:
Our role is to attack identity, causation, and intent using disclosure analysis, expert evidence, and credibility challenges.
Generally, first degree murder is both planned and deliberate. A murder is planned when it is conceived and thought out. A murder is deliberate when it not impulsive and is, instead, purposeful. A plan to kill does not need to be lengthy and elaborate; there just needs to be some degree of planning and deliberation before the murder occurs.
In some cases, a homicide can be classified as first degree murder even when it is not planned and deliberate. For instance, any killing of a peace officer, such as a police officer, is first degree murder even if there is no planning and deliberation.
Additionally, irrespective of whether it is planned or deliberate, a homicide is considered first degree murder if it was done while committing or attempting to commit any one of the following offences:
Second degree murder is defined in the Criminal Code under section 231(7) as any murder that is not first degree murder. This means that second degree murder does not need to be planned and deliberate. So, second degree murder is an intentional homicide that is not planned and deliberate and was not done while committing or attempting to commit any of the offences listed above.
Being charged with a criminal offence, especially the most serious offence that exists, is a stressful and life-altering experience. It is important to seek professional advice from a lawyer about your rights from the beginning.
| Point | First‑degree | Second‑degree |
|---|---|---|
| Planning & deliberation | Required (or listed circumstances in section 231 of the Criminal Code of Canada) | Not planned/deliberate |
| Typical examples | Planned killing; killing a peace officer; killing during listed offences (e.g., kidnapping) | Intentional killing arising spontaneously |
| Parole ineligibility | 25 years | 10–25 years set by judge (Section 745(c), s.745.4) |
| Jury | Often (judge & jury), depends on election | Depends on election |
| Partial reduction | Provocation (section 232 of the Criminal Code of Canada) may reduce to manslaughter (rare and narrow) | — |
Given the gravity of the penalties, the charges of murder are investigated very seriously. Before the Crown goes to trial, it may take months and sometimes even years after the arrest to get the case to trial, while the suspect can be kept in custody.
In preparing the charges, the police and the prosecution use all available resources to collect evidence to prove the case beyond reasonable doubt. The investigators use the most advanced and sophisticated methods, which can include running surveillance and involving informants to collect the evidence against the suspect. The disclosure may include thousands of pages of transcripts of the recordings, videos, and police notes, among other materials.
When the court reviews murder cases, the decision can hinge on the tiniest elements of evidence, resulting in different verdicts. Considering the huge difference in criminal consequences for first-degree murder, second-degree murder and manslaughter, there is no small evidence in these cases.
In defending homicide charges, a murder defence lawyer needs to spend countless hours reviewing volumes of disclosure and interviewing witnesses. A criminal defence lawyer may also involve other experts, such as licensed private investigators, to conduct interviews and interrogations. At Vilkhov Law, the founding partner and a principal lawyer, Igor Vilkhov, exclusively handles all murder charges from beginning to end, drawing upon years of experience in criminal investigations and trial work.
Experienced Toronto defence lawyers can fight your criminal charges.
reach out online for a free review.
There is only one answer to the question of how long is a murder sentence in Canada, which is mandatory imprisonment for life. The only difference between first- and second-degree murder sentences is the period of time before the offender can be eligible for parole.
In practical terms:
In 2022, the Supreme Court of Canada in R v Bissonnette struck down the provision that allowed courts to impose consecutive 25-year parole ineligibility periods for multiple murders. This means that parole ineligibility cannot be stacked beyond life imprisonment with a single eligibility period. A murder defence lawyer can explain how this ruling affects sentencing in complex homicide cases.
Even if someone is granted parole after a murder sentence, they will be on parole for the rest of their life. If they breach their release conditions or commit a new offence at any moment in life, the parole can be revoked with subsequent re-incarceration.
The only chance to avoid life imprisonment for homicide in Canada is to have the murder charges reduced to manslaughter, which is considered a lesser included offence. While unlawful act manslaughter also goes with a life sentence as a maximum criminal penalty, it does not carry minimum mandatory punishment and no minimum requirement for parole eligibility with sentences of several years in prison.
When looking for an answer to the question of what are the defences for first-degree murder or second-degree murder, the best strategy always is to contact a criminal law firm for a free consultation. Meanwhile, there are several common defences, which can be applied to combat murder charges. The list of available defence strategies and partial defences to murder charges includes:
Self-defence (section 34 of the Criminal Code of Canada) applies where the accused reasonably believed that force was being used or threatened against them (or another), and their response was reasonable in the circumstances. Courts assess the entire situation — including the seriousness of the threat, proportionality of the response, and whether safer alternatives existed.
Provocation (section 232 of the Criminal Code of Canada) is a narrow partial defence that may reduce murder to manslaughter if a wrongful act or insult caused a sudden loss of self-control. It does not apply to mere anger, resentment, or revenge.
Under s.21, a person who aids or abets another in committing murder can be found guilty as a party to the offence, even if they did not carry out the fatal act themselves. By contrast, s.23 creates a separate offence of being an accessory after the fact, which applies when someone knowingly assists an offender in escaping after a murder has been committed. Distinguishing between these roles is critical for mounting an effective defence.
Experienced murder lawyers adapt these strategies based on the individual circumstances of the accused and can help achieve the most favourable possible outcome in the criminal case.
When you are arrested on murder charges in Ontario, the police must inform you of your Charter rights to remain silent and speak to a lawyer. It is in your best interests to refrain from answering any questions or making any statements to the police and politely inform them that you intend to exercise your Charter rights to speak to a murder defence lawyer first.
Due to the serious nature of the charges, you will be held in custody after arrest before the bail hearing. The police must bring you in front of the judge within 24 hours of your arrest or as soon as possible. Your lawyer will help you navigate the criminal process, devise a bail plan and advocate for your release.
Because murder is classified as a section 469 offence under the Criminal Code of Canada, bail cannot be heard in the regular Ontario Court of Justice. Instead, applications for release must be made to a Superior Court judge under section 522. This makes bail more complex than for most other offences. Your lawyer must prepare a strong plan with sureties and supervision conditions to address the judge’s concerns about risk to the public, risk of flight, and confidence in the administration of justice.
In Canada, everyone has a constitutional right to reasonable bail and cannot be denied release without “just cause.” Meanwhile, the Crown will contest your release on murder charges, considering the gravity of the allegations. You will be required to demonstrate to the judge of the Superior Court why your detention is not justified and address all concerns of the prosecutions. When deciding upon bail, the judge will consider multiple factors, including the adequacy of “sureties,” who pledge a certain amount of money to be paid if you violate your bail terms.
A bail hearing in a murder case can be an uphill battle. In addition to having to demonstrate that you are not at flight risk and do not pose any threat to the public, you can be subject to stringent conditions, for example, supervision, house arrest, ankle monitoring, no contact orders and other similar restrictions. In these circumstances, hiring a murder charges lawyer is always recommended to maximize your chances of release on bail under less stringent conditions.
Your murder lawyer can start preparing a defence plan for your case as soon as you retain one. As the first step, the lawyer will ask the Crown for full disclosure of evidence. Since there are certain elements of disclosure the Crown would only release to the legal counsel, hiring a lawyer is instrumental for obtaining full information the prosecution has against you, irrespective of whether they plan to use it during the trial.
After reviewing the disclosure, your lawyer will participate in the Crown pre-trial (CPT) hearing and the Judicial pre-trial (JPT) hearing to negotiate with the prosecution and the court on your behalf. Retaining a lawyer comes with the advantage of not having to be present during the CPT and JPT and having a legal professional advocate for you during these and other pre-trial meetings.
If you face murder charges in Ontario, you may request a preliminary inquiry under section 536.1 of the Criminal Code of Canada. Since amendments in Bill C-75, preliminary inquiries are no longer automatic rights. They are available only on application for offences punishable by 14 years or more (including murder), and the judge may also limit the scope of issues examined. A preliminary inquiry allows the court to decide whether there is enough evidence for the case to proceed to trial. The judge can discharge you if they find that there is not sufficient evidence to support the case. The judge can discharge you if they find that there is no sufficient evidence to support the case. Needless to say, having an experienced Toronto murder lawyer by your side at this stage can be pivotal for the whole criminal process.
The minimum mandatory murder sentence in Canada is lifetime imprisonment for both first-degree and second-degree homicides. For first-degree murder, the offender can be released on parole only after serving a minimum of 25 years. For second-degree murder, parole eligibility is set by the judge between 10 and 25 years, depending on the circumstances. An experienced Toronto murder lawyer can advocate for the lowest possible eligibility period in your case.
A conviction for homicide is also followed by a weapon prohibition order. In addition, the offender will receive a DNA order and will have to submit a biological sample to the National DNA Data Bank (NDDB). The murder conviction will stay on the offender’s criminal record for life with respective consequences for employment, housing and social opportunities.
Experienced Toronto defence lawyers can fight your criminal charges.
reach out online for a free review.
Every homicide case is unique, but certain questions are always central to how a murder defence lawyer prepares a strategy. At Vilkhov Law, our Toronto murder lawyers carefully examine:
By systematically addressing these elements, our murder lawyers in Toronto identify weaknesses in the prosecution’s case and pursue the most effective path to acquittal, charge reduction, or the best possible outcome.
Having been charged with an offence in Ontario can be a daunting and life-altering experience, especially when the criminal matter involves a homicide with a mandatory penalty of life in prison. In these circumstances, retaining experienced murder lawyers in Toronto is absolutely vital for building a strong defence and maximizing your chances of mitigating the charges.
A murder lawyer in Toronto can help:
All criminal cases are complex and fact-specific, and previous results do not guarantee future outcomes. If you are at risk of facing murder charges, you need to consult an experienced Toronto murder lawyer immediately. Please do not hesitate to contact Vilkhov Law firm for a free consultation about your options.
At Vilkhov Law, our murder defence lawyers in Toronto have successfully defended clients in some of the most serious homicide cases. Examples of past results include:
Charges: Our client was charged with first-degree murder after a fatal altercation during a planned meeting.
Defence: The defence presented evidence undermining the Crown’s theory of planning and deliberation, showing that the incident arose spontaneously without premeditation.
Result: The charge was reduced to manslaughter, and the client avoided a mandatory life sentence with 25 years of parole ineligibility.
Charges: Client was detained on charges of second-degree murder following a domestic dispute that resulted in death.
Defence: Our lawyers developed a comprehensive bail plan with strong sureties, strict supervision, and evidence addressing the Crown’s public safety concerns.
Result: The Superior Court judge granted bail under section 522 of the Criminal Code, allowing the client to await trial in the community.
Charges: The client was accused of second-degree murder in connection with a fatal stabbing outside a nightclub.
Defence: Vigorous cross-examination and expert forensic testimony exposed serious inconsistencies in eyewitness accounts and the reliability of the Crown’s forensic evidence.
Result: The jury returned a verdict of not guilty, and the client was fully acquitted of all charges.
Charges: Client faced charges of attempted murder after an altercation where a firearm was discharged.
Defence: The defence successfully argued Charter violations in the police investigation and highlighted insufficient ballistic evidence linking the client to the weapon.
Result: The Crown withdrew all charges before trial, and the client was released without conditions.
The Criminal Code of Canada differentiates first-degree murder, second-degree murder and unlawful act manslaughter as a lesser included offence. First-degree murder involves intentional, planned and deliberate homicides as well as killing when committing hijacking, terrorist activity, sexual assault, kidnapping, hostage-taking or criminal harassment, as outlined in Section 231 (1) of the Criminal Code.
Second-degree murder involves killing that is not planned or deliberate and is not done while committing any of the offences listed above. Meanwhile, unlawful act manslaughter involves cases where death is caused without intent while committing an unlawful or reckless act.
There are several strategies available to fight charges of homicide in Canada. The list of defences includes raising a reasonable doubt about any elements of the offence or claiming self-defence, provocation or intoxication to mitigate the charges. An experienced murder lawyer can adapt any of these strategies to individual circumstances of the offence and offer a unique and personalized representation for achieving the most favourable possible outcome.
There are several strategies available to fight charges of homicide in Canada. The list of defences includes raising a reasonable doubt about any elements of the offence or claiming self-defence, provocation or intoxication to mitigate the charges. An experienced murder lawyer can adapt any of these strategies to individual circumstances of the offence and offer a unique and personalized representation for achieving the most favourable possible outcome.
In Canada, you are protected by the Charter from the so-called “double jeopardy,” which is being tried again for the same crime, including murder. However, it only applies when someone is convicted or acquitted of the homicide. If the acquittal is thrown out and criminal proceedings or trial continues on appeal, the new trial for the same offence is not considered double jeopardy.
Murder carries a mandatory life sentence. For first-degree murder, parole eligibility is set at 25 years. For second-degree murder, the judge decides parole eligibility between 10 and 25 years, depending on the circumstances of the offence and the offender.
Yes. Unlike first-degree murder, where parole eligibility is fixed at 25 years, second-degree murder allows the sentencing judge to set eligibility anywhere between 10 and 25 years.
Yes. If the evidence does not establish intent for murder, the Crown may accept a plea to manslaughter or a jury may return a manslaughter verdict. In rare cases, the defence of provocation under section 232 of the Criminal Code may also reduce murder to manslaughter.
Because murder is classified as a section 469 offence, only a judge of the Superior Court of Justice may hear bail applications under section 522 of the Criminal Code. This makes murder bail hearings more complex than for most other offences.
Under section 229 of the Criminal Code of Canada, a person commits murder if they cause the death of another human being with the intent to kill, or with the intent to cause bodily harm that they know is likely to cause death, while being reckless as to whether death ensues.
Under section 21 of the Criminal Code of Canada, a person can be found guilty as a party to murder if they aid or abet the principal offender. Section 23 creates the separate offence of being an accessory after the fact, which applies when someone helps the offender escape after the crime has been committed.
No. In the 2022 Supreme Court of Canada case R v Bissonnette, the Court struck down section 745.51 of the Criminal Code, which had allowed judges to impose consecutive 25-year parole ineligibility periods. The Court ruled that such stacking was unconstitutional.
Our team of experienced murder defence lawyers represents clients not only in Toronto but across the Greater Toronto Area. We regularly defend clients in Scarborough, Newmarket, Brampton, Etobicoke, Mississauga, Barrie, Richmond Hill, Vaughan, and Innisfil, and we also serve nearby communities throughout the GTA. Wherever you face murder charges, a dedicated Toronto murder lawyer from Vilkhov Law is ready to protect your rights.
Our lawyers practice criminal law exclusively, defending our clients against all types of criminal charges in courts throughout Toronto and the Greater Toronto Area. We provide legal defence for all criminal matters, including impaired driving, assault (including sexual assault), financial crimes, child pornography, firearm possession, and drug charges, among others.
