Manslaughter

What constitutes the offence of manslaughter?

As mentioned above, manslaughter is different from first-degree or second-degree murder. It is a federal offence falling under Section 234 of the Criminal Code of Canada. Here, it is defined as an act of culpable homicide that is not murder or infanticide.

Under Canadian law, culpable homicide falls into three different categories based on the nature of the act and the circumstances.

First-degree murder:

This is a clear, deliberate, and premeditated act of the accused, resulting in the death of the victim.

Second-degree murder:

Here, the act is clearly intentional, but without strong evidence of premeditation.

Manslaughter:

Manslaughter refers to a situation where the accused recklessly causes the death of the victim

What are the two types of manslaughter charges?

Unlawful act:

Here, the death of the victim was caused by an illegal and dangerous act, such as an assault. While the death might have been unintentional, the accused must have been aware of the unlawful and dangerous nature of his actions. The Crown will have to establish the fact that the accused acted illegally and dangerously in such cases.

Criminal negligence:

Here, the accused’s failure to meet the standard of care caused the unintentional death of the victim. The Crown must establish in court that the reckless negligence of the accused was indeed the direct cause of the victim’s death.

What are the legal penalties for manslaughter under the Criminal Code?

Manslaughter is an indictable offence pursued by the federal crown. While there is no minimum sentence for manslaughter mentioned under the Criminal Code, the maximum sentence can go up to imprisonment for life, with the possibility of parole only after seven years. The law leaves it to the judge to decide on the eligibility for parole, with the option of delaying it even up to ten years.

In the case of manslaughter with a firearm, the prescribed minimum sentence is four years with the possibility of parole only after serving at least one-third of the sentence.

How will the Crown prove the offence of manslaughter in court?

Unlawful act:

If the act that resulted in death was unlawful, such as an assault, the Crown must prove in court that the accused indeed committed this illegal act as alleged.

The unlawful act was dangerous in nature:

In a manslaughter, there is no need for the Crown to establish that the death was intentional. However, the Crown must still prove that the accused was aware of the dangerous nature of his action. For example, if the assault caused the unintentional death of the victim, it can be argued that the accused was well aware of the danger and risk associated with his actions.

Causation:

If the accused’s reckless negligence or unlawful act resulted in the death of the victim, then the Crown must prove that the actions of the accused directly contributed to the death.

Guilt established beyond a reasonable doubt:

In a criminal case, the Crown is expected to prove the charges against the accused beyond a reasonable doubt. If the Crown fails to meet this burden of proof, then the accused may be acquitted on technical grounds. In other words, all of the above three points must be proven in court beyond a reasonable doubt.

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