Under the Criminal Code, murder is classified into two categories:

• First Degree Murder (s. 231(2)) – Planned and deliberate killings, or murders committed in specific circumstances such as during a sexual assault, kidnapping, or while committing another indictable offence listed in the Code.

• Second Degree Murder (s. 231(7)) – All other forms of intentional homicide that are not first-degree murder.

To secure a conviction, the Crown must prove that the accused caused the death and had the requisite intent. The burden is high, and the defence often revolves around intent, identity, causation, or raising a reasonable doubt on any essential element. A conviction for murder carries a mandatory life sentence.

For first-degree murder, parole ineligibility is 25 years.

For second-degree murder, the parole ineligibility period ranges from 10 to 25 years, at the discretion of the sentencing judge.

Defending a murder charge demands meticulous preparation and a deep understanding of both factual and legal complexities. Key issues often include the reliability of forensic evidence, the credibility of eyewitnesses, and the presence of any Charter violations during the investigation or arrest. In some cases, it may be possible to challenge whether the Crown has proven intent beyond a reasonable doubt or to argue for a reduced verdict, such as manslaughter, based on provocation, intoxication, or lack of planning and deliberation.

Given the gravity of a murder charge and the lifelong consequences of a conviction, it is critical to have an experienced and strategic criminal defence lawyer who can scrutinize every aspect of the Crown’s case and build the strongest possible defence.