Manslaughter Defence Lawyer

How does manslaughter differ from murder?

Both murder and manslaughter are culpable homicides. Murder is an intentional homicide whereas manslaughter is a lesser charge whereby death resulted when there was no specific intention to cause the death.

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 to reduce murder to manslaughter.

What is Unlawful Act Manslaughter

Unlike criminal negligence, murder, or other culpable homicides, unlawful act manslaughter refers to a situation where someone commits an illegal act against another person without intent to cause death but which eventually leads to the death of the victim. For example, someone could be charged with manslaughter when committing an assault without intent to kill or cause serious bodily harm that ultimately results in someone’s death.

How to Defend Against Manslaughter

Considering the grave consequences of conviction, it is vital to have an experienced manslaughter defence lawyer to contest the charges. A lawyer would be able to cross-examine the prosecution case and choose an effective defence strategy for achieving the most favourable possible outcome.

Common defences to manslaughter charges in Canada include:

• Self-defence. According to the Criminal Code of Canada, a person is not guilty of an offence when they act in self-defence, believing that there is a force used against them or a threat of such force being used, and their act is reasonable or proportionate to the circumstances.
• Defence of others. Likewise, a person is not guilty of an offence when they act to protect others from force or believe in the existence of a threat of force used against another person, and their act to defend other persons is reasonable under the circumstances.
• Accident. Where someone’s death results not from an illegal act or criminal negligence, the defence may argue that the death is accidental and does not constitute culpable homicide, such as murder or manslaughter.

Manslaughter Sentence in Canada

The manslaughter sentence in Canada is defined in Section 236 of the Criminal Code. According to the Code, anyone who commits manslaughter is guilty of an indictable offence, which commonly entails longer sentences.

The maximum sentence a judge could impose for manslaughter is imprisonment for life. In cases where manslaughter involves using a firearm, there is also a minimum mandatory sentence of four years in prison.

Meanwhile, where there is no firearm involved, the minimum sentence is left to the discretion of the judge. In determining the duration of manslaughter sentences in Ontario, the judges follow the principles outlined in the criminal law, including Section 718.1 of the Criminal Code requiring a sentence to be proportionate to the gravity of the offence and the degree of the responsibility of the offender.

When imposing manslaughter sentences, judges take into account the presence of aggravating and mitigating circumstances. The examples of aggravating factors that may increase a manslaughter sentence in Canada include cases when the convicted has a previous criminal history, when the offence was motivated by bias, prejudice or hate or involved abuse of a member of the family or a minor. Meanwhile, the young age of the accused, presence of remorse or their state of health can be considered as mitigating factors.

Manslaughter Charges

When facing homicide or manslaughter charges in Canada, you can expect the police to keep you in custody after arrest due to the serious nature of the offence. It is in your best interests to use your right to remain silent and contact a manslaughter defence lawyer as soon as possible to avoid hurting your case.

As you have a constitutional right to bail, you cannot be denied bail without “just cause.” Meanwhile, you should be prepared to address the prosecution’s arguments if they disagree with your release on bail, for example on consideration that there is a flight risk or that your release poses a threat to the public.

During the pre-trial stage, you will have several pretrial appearances, including Crown pre-trial (CPT) and Judicial pre-trial (JPT) where you and your lawyer can discuss the position of the prosecution and have the judge assess the case. Before the trial, you have the right to choose whether you prefer your charges to be tried in Provincial Court, in Superior Court by a judge alone or in Superior Court by a judge and jury.

Manslaughter Defence Lawyers in Toronto

Given the seriousness of the offence and the gravity of the consequences, hiring a seasoned criminal lawyer is pivotal for your defence and the outcome of your case. Vilkhov Law has experienced manslaughter defences lawyers in Toronto and other cities who successfully defended clients facing manslaughter charges in courts throughout Ontario and can help you mount a strong defence to secure the best possible results.

At Vilkhov Law, we base our success in criminal cases on several pillars, including decades of combined experience with the Canadian system of justice, our knowledge of the criminal law as well as a result-oriented approach and personal attention to each client. We seek to achieve the most favourable possible outcome for our clients working hard to exceed expectations.

It is Vital to Hire a Manslaughter Lawyer

Having a manslaughter defence lawyer by your side is instrumental in all stages of your criminal process in manslaughter cases. Hiring a lawyer from the onset is critical when seeking release on bail as well as during pre-trial and trial stages.

Arrest and bail:

When you are arrested, officers must tell you of your right to counsel. This right allows you to speak to and retain a lawyer following arrest. It is always a good idea to exercise this right and obtain legal advice before speaking to police.

Due to the serious nature of the charge, you will be held in custody pending a bail hearing. You will be brought in front of a judicial official within 24 hours of your arrest. Not only will a lawyer tell you what to do and what not to do when interacting with police, they can also start working on your release if you are being held in custody.

A lawyer can speak to the Crown about what is required to secure your release and can propose a bail plan. The plan often involves one or more people called “sureties.” A surety is someone you know who agrees to take responsibility for your release into the community. They pledge to pay a certain amount of money if you do not follow your conditions of release. Being a surety is a huge responsibility, and a lawyer in Scarborough area can explain their role and adequately prepare them for court.

Everyone has a constitutional right to reasonable bail with respect to the amount of money sureties pledge and the conditions imposed on you. Reasonableness also includes the fact that you should not be denied bail without “just cause.”

Since manslaughter is culpable homicide, the Crown will, in all likelihood, contest your release. A contested bail results in a bail hearing (also known as a “show cause” hearing). In line with the principles of reasonable bail, the Crown must “show cause” as to why it is in society’s best interest for you to be detained—although there are certain circumstances that require the accused to demonstrate why their detention is not justified.

There are three grounds of detention upon which you can be denied bail. The Crown will state on which grounds they are seeking detention, which consider:

• • Whether you are a flight risk (primary ground);
  • Whether you pose a threat to the public (secondary ground); and
  • Whether your detention is required to maintain confidence in the administration of justice (for example, due to the seriousness of the allegations and/or the strength of the Crown’s case) (tertiary ground).

The court will look at factors, such as your ties to the community, your personal situation (including the presence of a criminal record), the offence itself, and the strength of a proposed bail plan and adequacy of sureties, when considering these grounds.

As part of considering your release, the court will determine whether conditions should be imposed and what they should be to mitigate concerns, such as ensuring that you attend court and do not commit any further offences. These bail conditions can be stringent and restrictive and may include, but are not limited to:

• • Supervision through sureties;
  • Curfews or house arrest, including ankle monitoring;
  • Refraining from use of drugs and alcohol;
  • Mandatory counselling;
  • No contact with certain individuals; and/or
  • Restrictions on where you can travel.

When making this consideration, the Crown and the court are bound by the “ladder principle.” This principle means that when it comes to imposing conditions, the least restrictive conditions must be imposed unless the Crown can show that the less restrictive conditions are not appropriate in your case. The Supreme Court of Canada’s 2017 decision in R. v. Antic reinforced this principle. A number of courts, however, seem to have forgotten this obligation. A lawyer can help the court recognize that your detention is not necessary and can remind the court why less strict bail conditions are appropriate.

If you are denied bail, then you will remain in custody until your trial or resolution, although it is possible to ask for a bail review at the Superior Court. Obtaining bail can be an uphill battle. Hiring a professional criminal lawyer maximizes your chances of being released.

It is important to recognize that breaching the terms of your bail conditions can result in further charges against you and the revocation of your bail.

Awaiting trial:

Once a bail hearing is conducted, a lawyer can start preparing a successful defence for your case, if you choose to hire one.

A lawyer will ask the Crown for the disclosure of all relevant evidence against you. The Crown is obligated to disclose evidence about your case to your lawyer, regardless of whether or not that evidence will be used by the Crown in court. This disclosure is a fundamental feature of our criminal justice system. It helps to ensure that you have a fair trial and that you have the information needed to provide a full answer and defence. Having a lawyer by your side can be an advantage, as there are certain items of disclosure that the Crown will only release to counsel. If you do not have a lawyer, you may have to make arrangements with the Crown to review this evidence, which can be extremely time-consuming.

In some cases, disclosure can include hundreds (and sometimes thousands) of pages of documents, as well as hours of police interviews and surveillance footage. A lawyer will review these documents and can use them to effectively advocate for you.

A lawyer will then take steps to move the case along. Once disclosure is reviewed, a Crown pre-trial (CPT) is typically scheduled. The CPT allows the defence and the Crown to discuss issues in the case, as well as the Crown’s position. The CPT can be a springboard for further discussions and negotiations with the Crown. Depending on the case and how it proceeds, a judicial pre-trial (JPT) may also take place. The JPT allows a judge to weigh in and provide guidance in a more informal setting.

If you have retained a lawyer, you will not be present at the CPT or JPT. A lawyer’s expertise and experience can be invaluable at this stage. If you do not retain a lawyer, you most likely will have more difficulty speaking to the Crown, and your JPT will take place in open court instead of the judge’s chambers. You will be responsible for advocating for yourself, which can be an unnecessary stress added to an already challenging experience.

There can be a number of court appearances before a case is set down for trial or a plea is entered. A lawyer can explain the purpose of these appearances and even appear on your behalf, so you have one less thing to worry about.

If the case goes to trial, there will come a time when you will be asked to make an election regarding your mode of trial. You will have the option of being tried by a provincial court judge, a judge alone in the Superior Court, or a judge and jury in the Superior Court. Since manslaughter carries with it a possible sentence of more than 14 years in prison, you will also be entitled to a preliminary inquiry, which is a sort of mini-trial that determines whether there is sufficient evidence to even hold a trial on the charges. If the judge finds that there is not sufficient evidence, then you will be discharged. Making your election and having a preliminary inquiry are strategic decisions. You will no doubt benefit from the support of a lawyer advising and guiding you through this lengthy and complicated process.

Consequences if found guilty:

A guilty verdict for a charge of manslaughter carries the possibility of imprisonment for life. If a firearm was used, there is a mandatory minimum of four years in prison.

In addition, you will be subject to a weapons prohibition order. There is also a DNA order involved, where your DNA is kept in a national database by the RCMP. If you can demonstrate that the impact on your privacy and security of the person is grossly disproportionate to the public interest, then the judge may not make the order. That being said, due to the seriousness of the offence, it is very hard to successfully make this claim.

A lawyer can help you understand the possible ramifications of conviction. Moreover, they can help you avoid being convicted altogether. If you decide to plead guilty, they can negotiate with the Crown and present mitigating factors to the judge so you receive the best possible sentence in the circumstances.