There are two common paths to a manslaughter charge:

• Unlawful Act Manslaughter – A person commits an unlawful act (such as an assault), and that act unintentionally causes death.

• Criminal Negligence Manslaughter – A person does something (or fails to do something) with a reckless disregard for the lives or safety of others, and someone dies as a result.

The maximum sentence for manslaughter is life imprisonment, but unlike murder, there is no minimum sentence unless a firearm was used in the commission of the offence, in which case a minimum of 4 years applies under s. 236(a).

Defending a manslaughter charge often involves challenging whether the death was a reasonably foreseeable result of the accused’s actions, whether there was a direct and substantial causal connection between the act and the death, or whether the conduct was justified or excusable under the law.

In some cases, the defence may centre on whether the accused had the required mental state, or whether another party was ultimately responsible for the fatal outcome.

These cases often turn on the nuanced interplay between legal principles and complex medical or forensic evidence.

Because of the serious consequences and the detailed analysis required, anyone charged with manslaughter should consult an experienced criminal defence lawyer immediately —one who understands how to dismantle the Crown’s theory and protect your rights at every stage of the process.