416-807-4477
24/7 FREE
Available
Available
Available 24/7 FREE
416-807-4477 
Murder is the most serious charge in Canadian criminal law, and the only charge where bail must be argued directly to a Superior Court judge. The evidence in these cases is often voluminous: surveillance footage, forensic reports, and hundreds of pages of disclosure, and the outcome frequently comes down to identity, causation, and intent.
Igor Vilkhov, founder of Vilkhov Law, is licensed by the Law Society of Ontario and personally handles murder and homicide files from the first court appearance through trial. He is joined by Benson Wilson, Criminal Defence Lawyer at Vilkhov Law, in preparing the disclosure review, expert consultation, and trial strategy these cases demand.
In a murder case, the file is won or lost long before trial in how carefully the disclosure is reviewed, which experts are retained, and whether every Charter issue is raised at the right moment. Identity, causation, and intent are rarely settled by one piece of evidence; they're tested inch by inch, and that work has to start on day one.
— Igor Vilkhov, Founder, Vilkhov LawMurder is intentional and culpable homicide. Under section 229 of the Criminal Code, 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 bodily harm that they know is likely to cause death and are reckless as to whether death ensues.
Murder can be charged in the first degree or second degree. Manslaughter is a lesser included offence to murder: even if you are charged with murder, you can be convicted of manslaughter instead if the Crown cannot prove intent. The partial defence of provocation can also reduce a murder charge to manslaughter in narrow circumstances.
To secure a murder conviction, the Crown must prove beyond a reasonable doubt that:
Our role is to test identity, causation, and intent through disclosure analysis, expert evidence, and credibility challenges.
Experienced Toronto defence lawyers can fight your criminal charges.
reach out online for a free review.
First-degree murder is murder that is planned and deliberate. A murder is planned when it is conceived and thought out in advance; it is deliberate when it is not impulsive but purposeful. The plan does not need to be lengthy or elaborate.
Regardless of planning or deliberation, a homicide is also classified as first-degree murder in certain circumstances set out across section 231, subsections (4) through (6.2) — including the killing of a peace officer or prison employee in the execution of their duties, and deaths caused while committing or attempting offences such as hijacking, sexual assault, kidnapping and forcible confinement, hostage taking, criminal harassment, terrorism, or an offence linked to a criminal organization.
Second-degree murder is defined in section 231(7) as any murder that is not first-degree murder — an intentional homicide that was not planned and deliberate, and did not arise from one of the circumstances listed above.
| Point | First-degree | Second-degree |
|---|---|---|
| Planning & deliberation | Required, or one of the listed circumstances under s. 231(4)–(6.2) | Not planned or deliberate |
| Typical examples | Planned killing; killing a peace officer; death during kidnapping, sexual assault, terrorism, etc. | Intentional killing arising spontaneously |
| Parole ineligibility | 25 years (s. 745(a)) | 10–25 years, set by the judge (s. 745(c), s. 745.4) |
| Partial reduction | Provocation (s. 232) may reduce to manslaughter — rare and narrow | Same partial defence available |
Attempted murder is charged under section 239 of the Criminal Code and requires the Crown to prove the same specific intent to kill required for murder, even though the victim survived. The maximum sentence is life imprisonment. Where a firearm is involved, mandatory minimums apply:
Where no firearm is involved, there is no mandatory minimum, though life imprisonment remains the maximum. A conviction also carries a mandatory weapons prohibition order and DNA order. For a detailed look at how firearm involvement changes an attempted murder case, see our article: The Impact of Firearm Involvement in Attempted Murder Cases in Brampton, Ontario.
There is only one answer to how long a murder sentence is in Canada: mandatory imprisonment for life. The difference between first- and second-degree murder is the period before the offender becomes eligible for parole.
In 2022, the Supreme Court of Canada in R. v. Bissonnette (2022 SCC 23) struck down section 745.51 of the Criminal Code, which had allowed courts to stack consecutive 25-year parole ineligibility periods for multiple murders. Parole ineligibility periods for multiple murders must now be served concurrently, meaning a single eligibility period applies even where there are multiple victims.
Even where parole is eventually granted, the offender remains on parole for life. Breaching release conditions or committing a new offence at any point can result in the parole being revoked and the offender being re-incarcerated.
The only way to avoid a mandatory life sentence for a homicide is to have the charge reduced to manslaughter, a lesser included offence. While unlawful act manslaughter also carries life imprisonment as its maximum, it carries no mandatory minimum sentence in most circumstances (see our detailed breakdown of manslaughter sentencing).
The available defences and partial defences to a murder charge include:
Under section 21, a person who aids or abets another in committing murder can be found guilty as a party to the offence, even without carrying out the fatal act themselves. By contrast, section 23 creates a separate offence of being an accessory after the fact, which applies to someone who knowingly assists an offender in escaping after a murder has already been committed. Distinguishing between these roles is critical to an effective defence.
When you are arrested on a murder charge, police must inform you of your Charter right to remain silent and to speak to a lawyer. Exercise both rights immediately and make no statement.
Murder is classified as a section 469 offence, meaning bail cannot be heard in the Ontario Court of Justice. Under section 522, an application for release must be made to a judge of the Superior Court of Justice, and the accused bears the onus of showing why detention is not justified — the reverse of the usual Crown onus. Your lawyer must prepare a strong release plan addressing the judge's concerns about flight risk, risk to public safety, and confidence in the administration of justice, typically supported by sureties and strict supervision conditions.
As soon as you retain a lawyer, they will request full Crown disclosure and attend Crown pre-trial (CPT) and judicial pre-trial (JPT) hearings on your behalf, sparing you from having to negotiate with the Crown or appear in open court at these stages.
For indictable offences punishable by 14 years or more, including murder, a preliminary inquiry may be requested under section 536(4) of the Criminal Code (section 536.1 governs the equivalent Nunavut process). Since Bill C-75 (in force September 19, 2019), preliminary inquiries are available only on request and only for offences at this threshold; the presiding justice can also limit the scope of issues examined. A preliminary inquiry allows the court to test whether the Crown has enough evidence to commit the case to trial, and the accused can be discharged if it does not.
A homicide charge is a daunting, life-altering experience carrying a mandatory penalty of life in prison. Retaining an experienced murder lawyer early is vital to building a strong defence. A murder lawyer in Toronto can help you navigate the justice system, prepare for the bail hearing, obtain full disclosure, choose the most effective defence strategy, appear at pre-trial meetings on your behalf, and advocate for you inside and outside the courtroom.
All criminal cases are complex and fact-specific, and past results do not guarantee future outcomes. If you are at risk of facing murder charges, consult an experienced Toronto murder lawyer immediately.
At Vilkhov Law, our murder defence lawyers in Toronto have represented clients in some of the most serious homicide cases, including charge reductions, bail applications in the Superior Court, and full acquittals at trial. Examples of past results are available on request and will be included here once confirmed.
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.
Culpable homicide in Canada is classified as first-degree murder, second-degree murder, manslaughter, or infanticide. First-degree murder requires planning and deliberation, or arises from one of the specific circumstances listed in section 231(4) to (6.2) of the Criminal Code. Second-degree murder is any other intentional killing. Manslaughter is culpable homicide without the intent required for murder.
Common strategies include challenging identity, causation, or intent; raising self-defence, provocation, or intoxication; challenging the reliability of eyewitness or forensic evidence; and bringing Charter applications where police violated your rights. The right strategy depends entirely on the facts of your case.
Yes, in appropriate circumstances — for example, where the evidence does not support a reasonable prospect of conviction, where Charter violations compromise key evidence, or where a preliminary inquiry or pre-trial motion exposes serious weaknesses in the Crown's case.
No. The principle against double jeopardy, protected under section 11(h) of the Charter, prevents a person from being tried again for an offence of which they have already been finally acquitted or convicted. Exceptions are narrow and generally limited to successful Crown appeals that result in a new trial being ordered.
Both first- and second-degree murder carry a mandatory sentence of life imprisonment. The only difference is parole eligibility: 25 years for first-degree murder, and a period set by the judge between 10 and 25 years for second-degree murder.
No. Ten years is the statutory minimum parole ineligibility period for second-degree murder. A judge can extend it up to 25 years under section 745.4, based on the character of the offender, the nature of the offence, and the circumstances of the case, but cannot set it below 10 years.
The Crown may accept a plea to manslaughter, or the court may convict of manslaughter as a lesser included offence, where the evidence does not establish the intent required for murder, or where a partial defence such as provocation applies. This is often the central goal of a murder defence strategy.
Only a judge of the Superior Court of Justice, under section 522 of the Criminal Code, since murder is a section 469 offence. The accused must show cause why detention is not justified, reversing the usual onus that rests on the Crown.
Under section 229, murder is causing the death of another person with intent to cause death, or with intent to cause bodily harm known to be likely to cause death while reckless as to whether death results.
Under section 21, a person can be found guilty of murder as a party if they aided, abetted, or formed a common intention to commit the offence with the principal offender, even without personally causing the death.
No. Following R. v. Bissonnette (2022 SCC 23), section 745.51 of the Criminal Code — which had allowed consecutive 25-year parole ineligibility periods to be stacked for multiple murders — was struck down as unconstitutional. Parole ineligibility periods for multiple murders are now served concurrently.
Our team defends murder, attempted murder, and homicide-related charges across the GTA and Southern Ontario, including Toronto, Mississauga, Brampton, Vaughan, Markham, Scarborough, North York, Newmarket, Richmond Hill, Etobicoke, Barrie, Oshawa, Pickering, Ajax, Burlington, Oakville, Milton, Hamilton, Kitchener, Guelph, and Innisfil. Contact us today for a free, confidential consultation.
