Murder and Homicide Charges
A homicide charge is the most serious matter in the Canadian criminal justice system. The resources the Crown brings to these prosecutions are substantial. So is the experience our Calgary criminal defence lawyers bring to defending them.
This page was written by the criminal defence lawyers at Hoare Claxton based on their experience appearing in Calgary courts. It is reviewed periodically for accuracy.
A homicide charge is the most serious matter a person can face in the Canadian criminal justice system. The consequences of a conviction are permanent and categorical. First degree murder carries a mandatory life sentence with no parole eligibility for 25 years. Second degree murder carries a mandatory life sentence with parole eligibility beginning at ten years. There is no more consequential criminal charge.
The resources the Crown and police bring to homicide investigations reflect that seriousness. Homicide detectives are experienced, methodical, and patient. Investigations can proceed for years before charges are laid. The Crown's file, by the time it reaches court, is typically extensive and carefully constructed.
The defence needs to match that from day one.
If you or someone you know has been charged with murder or is being investigated as a person of interest in a homicide matter, call us immediately. (587) 355-8889. Available 24 hours a day.
How Homicide Is Defined Under the Criminal Code
Homicide occurs when a person, directly or indirectly, by any means, causes the death of another human being. The definition is broad and captures both direct acts of violence and indirect chains of causation where the accused's conduct set events in motion that ultimately resulted in death.
Not all homicide is criminal. For a homicide to be prosecuted, it must be culpable, meaning it resulted from an unlawful act, criminal negligence, a threat or deception causing the deceased to do something that caused their death, or wilfully frightening a child or sick person in a way that caused their death.
Where homicide is culpable, it is classified as murder, manslaughter, or infanticide depending on the specific circumstances and the mental state of the accused at the time.
Charges Under the Homicide Provisions
Culpable homicide is classified into three categories under the Criminal Code. Each carries dramatically different sentencing consequences and each depends on the mental state of the accused at the time of the offence.
First Degree Murder
First degree murder is the most serious criminal charge in Canada. The Crown must prove that the killing was both planned and deliberate. Planned means the accused thought out the act in advance. Deliberate means the decision to kill was considered and not impulsive. Certain categories of murder are automatically treated as first degree regardless of planning, including the murder of a peace officer or correctional officer in the execution of their duties, murder committed while committing or attempting to commit certain listed offences such as sexual assault, forcible confinement, or kidnapping, and murder committed for the benefit of a criminal organization. A conviction carries a mandatory sentence of life imprisonment with no eligibility for federal parole for 25 years. Parole after that period is not guaranteed. It is subject to a board determination that release is appropriate.
Second Degree Murder
Second degree murder is any culpable homicide that constitutes murder but does not meet the definition of first degree murder. In practical terms, this typically means a killing that was intentional but not planned and deliberate in advance. A conviction also carries a mandatory life sentence. Parole eligibility is set by the sentencing judge at between ten and 25 years depending on the circumstances. The parole eligibility period is one of the most important battlegrounds in second degree murder sentencing and experienced defence counsel makes a significant difference to where it is set.
Manslaughter
Manslaughter is culpable homicide that is not murder. It arises where a person causes death through an unlawful act or through criminal negligence, without the intent to cause death that elevates the charge to murder. Manslaughter does not carry a mandatory minimum sentence except where a firearm is involved, in which case the mandatory minimum is four years. The maximum sentence is life imprisonment. The actual sentence imposed depends heavily on the circumstances of the killing, the degree of moral culpability of the accused, and the quality of the defence and sentencing submissions. Reducing a murder charge to manslaughter through a successful defence of the intent element is one of the most significant outcomes available in a homicide prosecution and one of the central strategic objectives in many of these files.
What Homicide Investigations Actually Look Like
Most people charged with murder have been under investigation for longer than they realize before the arrest. Homicide units in Calgary are experienced and methodical. They build files over months and sometimes years. They use surveillance, digital forensics, witness interviews, forensic pathology, and increasingly sophisticated DNA and trace evidence analysis.
When police contact someone as a person of interest in a homicide investigation, it is not a casual inquiry. It is an invitation to participate in building a case against yourself.
Do not speak to homicide investigators without a lawyer present. That instruction applies regardless of your level of involvement, regardless of whether you believe cooperation will help you, and regardless of what the officer tells you about why they just want to ask a few questions. The right to remain silent and the right to counsel exist for exactly this situation.
Call us before you speak to anyone. (587) 355-8889.
The Defences Available in Murder Cases
Challenging Intent
First degree murder requires proof of planning and deliberation. Second degree murder requires proof of intent to cause death or bodily harm the accused knew was likely to cause death. Where those mental elements cannot be established beyond a reasonable doubt, the charge cannot stand as laid. Challenging the Crown's evidence of intent is one of the primary defence strategies in homicide cases.
Reducing Murder to Manslaughter
Where the evidence supports a finding that death resulted from an unlawful act without the specific intent required for murder, manslaughter is the appropriate verdict. In cases involving sudden confrontations, intoxication, or circumstances where intent is genuinely in question, the distinction between murder and manslaughter is the central issue at trial.
Self Defence
Where the accused caused death in circumstances where they reasonably believed force was being used or threatened against them and the force they used was reasonable in the circumstances, self defence is a complete answer to the charge. The law of self defence in Canada was substantially reformed in 2013 and the current provisions are broader than the old law in important ways.
Causation Challenges
The Crown must prove beyond a reasonable doubt that the accused's act caused the death. Where the chain of causation is complex, where multiple events or actors intervened, or where the pathological evidence is genuinely ambiguous, causation is a live issue. Medical and forensic expert evidence is central to these arguments.
Charter Challenges
The length and complexity of homicide investigations generates significant opportunity for Charter violations. Unlawful searches, statements taken without proper rights to counsel, surveillance conducted without proper authorization, and unreasonable delays in bringing the matter to trial are all Charter issues that arise in serious homicide cases. We examine every step of the investigation from the beginning of our retainer.
Why Retaining Counsel Immediately Matters More in These Cases
The stakes in a homicide case are absolute. There is no charge in the Criminal Code where the difference between effective and ineffective legal representation matters more to the outcome.
One significant error in a murder trial, whether in the handling of expert evidence, the cross-examination of a key witness, or the admissibility of a statement, can be the difference between freedom and life in prison.
Our team has experience at the highest level of the criminal courts in Alberta. We appear in Queen's Bench regularly on serious indictable matters and we bring that experience to every homicide file we carry.
If police have contacted you as a person of interest, if someone you know has been arrested on a homicide charge, or if you have any reason to believe you are under investigation, the time to call is now.
A defence built in four steps.
We Listen
You tell us everything. The full circumstances, the contact you have had with police, what was said, what was seized, and what you know about the investigation. Everything is protected by solicitor-client privilege from the first call.
We Identify Risks
We assess the charge, the Crown's likely theory of the case, what evidence exists, where Charter issues arise in the investigation, and what the immediate priorities are. In custody situations, bail is the first priority.
We Explain Your Options
We tell you exactly what you are facing, what the realistic defence strategies are based on the specific evidence, and what our recommended approach is. There is no softening in these conversations. You need the truth about your situation and we give it to you directly.
We Take Action
We secure the file, engage with the Crown, retain forensic and medical experts where needed, pursue every Charter argument available, and build the most rigorous defence the case allows. We do not cut corners on homicide files. The consequences of doing so are too permanent.
Frequently Asked Questions
What is the difference between first and second degree murder in Canada?+
First degree murder requires the Crown to prove the killing was both planned and deliberate. The accused must have thought out the act in advance and made a considered decision to proceed. Second degree murder is any intentional killing that does not meet that threshold. Both carry mandatory life sentences. The difference is in parole eligibility. First degree murder carries no parole eligibility for 25 years. Second degree murder carries parole eligibility set by the sentencing judge at between ten and 25 years.
What is the difference between murder and manslaughter?+
The distinction is intent. Murder requires proof that the accused intended to cause death or intended to cause bodily harm they knew was likely to cause death. Manslaughter arises where death resulted from an unlawful act or criminal negligence without that specific intent. Manslaughter does not carry a mandatory minimum sentence except where a firearm was used. In appropriate cases, defending the intent element and achieving a manslaughter verdict rather than a murder conviction is one of the most significant outcomes available.
Should I speak to homicide detectives if they want to talk to me?+
No. Not without a lawyer present. Homicide investigators are experienced and specifically trained in interviewing people in ways designed to obtain incriminating information. They are permitted to use deception during interviews. Your right to remain silent and your right to counsel exist for this exact situation. Exercise them. Call us before you speak to anyone.
Can someone charged with murder get bail in Alberta?+
Yes, but it is one of the most difficult bail hearings in the criminal justice system. Murder charges carry a reverse onus provision, meaning the accused must justify their release. The bail plan must address the court's concerns about public safety and the likelihood of attendance at trial. We have secured bail for clients facing murder charges. It requires an experienced bail lawyer, a comprehensive and credible plan, and persuasive submissions to a superior court judge.
What is self defence and when does it apply to a homicide charge?+
Self defence is a complete answer to a murder or manslaughter charge where the accused reasonably believed force was being used or threatened against them or another person and the force they used in response was reasonable in the circumstances. The current law does not require the force used to be exactly proportionate to the force threatened. It requires the response to be reasonable given everything the accused knew and believed at the time. Whether self defence applies in a specific case depends entirely on the facts and the evidence available to support the accused's belief and the reasonableness of their response.
How long does a murder trial take in Calgary?+
Murder trials in Alberta are among the longest in the criminal justice system. From charge to verdict, a first degree murder trial commonly takes two to four years or more, depending on the complexity of the case, the volume of expert evidence, and the court's scheduling. The Jordan decision sets constitutional limits on delay and we monitor timelines carefully on every file. Preparation during that period is intensive and continuous.
Related Practice Areas
Homicide charges frequently involve bail hearing applications at the superior court level, weapons and firearms allegations, and serious assault charges that either preceded the homicide charge or run alongside it.
Bail Hearings Calgary
Murder charges carry a reverse onus at bail. We appear regularly in superior court on the most difficult bail hearings in the criminal justice system.
READ THE DEFENCE GUIDEWeapons and Firearms Offences Calgary
Firearms allegations frequently accompany homicide charges and carry mandatory minimum sentences on their own.
READ THE DEFENCE GUIDEAssault Offences Calgary
Serious assault charges often precede or accompany a homicide prosecution and require coordinated defence.
READ THE DEFENCE GUIDEGeneral Criminal Defence Calgary
Full-service criminal defence across Calgary and Alberta with an emphasis on Charter litigation and superior court trials.
READ THE DEFENCE GUIDECharged With Murder or Contacted as a Person of Interest in Calgary?
The decisions made in the first hours after contact with homicide investigators can affect the outcome of a case that will take years to resolve. Do not make those decisions without counsel.
Call (587) 355-8889. Available 24 hours a day. Free consultation.