Murder vs. Manslaughter in Canada: First-Degree, Second-Degree and Manslaughter Explained
First-degree murder, second-degree murder and manslaughter all involve unlawfully causing a death. The difference is what the person meant to do, and, for first-degree murder, how or in what circumstances the killing happened. That difference decides the sentence: murder carries a mandatory life sentence, and manslaughter does not.
Second-degree murder is a murder that is not first-degree: the person meant to kill, or meant to cause bodily harm they knew was likely to kill, but the killing was not planned and deliberate and doesn’t fall into any of the other first-degree categories.
This article explains the law. If you or a family member has been charged, see our murder and manslaughter defence page.
At a Glance
| First-degree murder | Second-degree murder | Manslaughter | |
|---|---|---|---|
| What the Crown must prove | Murder, plus planning and deliberation or a listed circumstance (s. 231) | Murder that is not first-degree (s. 231(7)) | A culpable homicide that is not murder or infanticide (s. 234) |
| Mental state | Meant to kill, or meant to cause bodily harm known to be likely to kill (s. 229) | Same as first-degree | No intent to kill is required |
| Sentence | Mandatory life imprisonment (s. 235) | Mandatory life imprisonment (s. 235) | Maximum life; no minimum unless a firearm was used (four years) (s. 236) |
| Parole eligibility | After 25 years (s. 745) | After 10 to 25 years, set by the judge (ss. 745, 745.4) | Ordinary parole rules for the sentence imposed |
What Makes a Killing Murder
Under s. 229 of the Criminal Code, a culpable homicide is murder when the person who caused the death:
- meant to cause the death; or
- meant to cause bodily harm that they knew was likely to cause death, and was reckless about whether death followed.
The section also covers causing death by accident or mistake while meaning to kill someone else, and causing death while pursuing an unlawful object by doing something known to be likely to cause death.
The focus is on what the accused actually intended or knew. Intent is usually proven by inference: from what was done, any weapon used, where injuries were inflicted, and what was said before and after. Challenging that inference is often the centre of a murder trial.
First-Degree Murder
Murder is first-degree in two kinds of cases.
1. Planned and deliberate murder (s. 231(2)). The killing was planned in advance and carried out after reflection, not on impulse. A killing for money under an arrangement is treated as planned and deliberate (s. 231(3)).
2. Murder in listed circumstances, planned or not. The Criminal Code makes some murders first-degree regardless of planning, including where:
- the victim is a police officer, prison officer or similar person acting in the course of their duties (s. 231(4));
- the death is caused while committing or attempting certain offences, such as hijacking an aircraft, sexual assault, kidnapping, forcible confinement or hostage-taking (s. 231(5));
- since 2026, the death is caused in a pattern of coercive or controlling conduct towards an intimate partner, while exploiting the victim, while committing a sexual offence, or while motivated by hate (s. 231(5.1));
- the death is caused during criminal harassment, terrorist activity, intimidation of a justice system participant, or for a criminal organization (ss. 231(6) to (6.2)).
Everyone convicted of first-degree murder receives life imprisonment with no parole eligibility for 25 years.
Second-Degree Murder
Any murder that isn’t first-degree is second-degree (s. 231(7)). The Crown still has to prove the s. 229 intent, but not planning, deliberation or a listed circumstance.
The sentence is also mandatory life imprisonment. What varies is parole eligibility: at least 10 years. The judge may raise it to as much as 25 years, considering the offender’s character, the nature and circumstances of the offence, and any recommendation from the jury (s. 745.4). A person with a previous murder conviction faces 25 years (s. 745(b)).
Parole eligibility is not release. It is the earliest date the Parole Board can consider release. Someone paroled on a life sentence remains under that sentence for the rest of their life.
Manslaughter
Manslaughter is any culpable homicide that is not murder or infanticide (s. 234). It typically arises in two ways.
Unlawful act manslaughter. A death is caused by an unlawful act, such as an assault, without the intent required for murder.
Murder reduced by provocation (s. 232). A killing that would otherwise be murder may be reduced to manslaughter if it was done in the heat of passion caused by sudden provocation. Since 2015, provocation is narrow: the victim’s conduct must have been an indictable offence punishable by five years or more, enough to deprive an ordinary person of self-control, and the accused must have acted on the sudden, before there was time for their passion to cool.
The maximum sentence for manslaughter is life imprisonment. There is no minimum unless a firearm was used, in which case the minimum is four years (s. 236(1)). Since 2026, the judge must consider a life sentence where the manslaughter involved coercive control of an intimate partner, exploitation, a sexual offence, or hate (s. 236(2)).
Because there is no mandatory minimum in most cases, manslaughter sentences vary widely with the facts.
How a Murder Charge Can Become Manslaughter
Many homicide cases are fought on the line between murder and manslaughter. The question is often not who caused the death, but what the accused intended. A jury that is not satisfied beyond a reasonable doubt of the intent required for murder can convict of manslaughter instead. A plea to manslaughter is also a common way homicide cases resolve.
Bail on a Murder Charge
Murder is listed in s. 469 of the Criminal Code, so bail can only be granted by a Superior Court judge, and the accused must show why detention is not justified (s. 522(2)). Manslaughter bail follows the ordinary process. See our page on bail hearings and reviews.
Common Questions
Is second-degree murder less serious than first-degree? Both carry a mandatory life sentence. The difference is parole eligibility: 25 years for first-degree, and 10 to 25 years for second-degree.
Can you get parole after a life sentence? Eligibility is set by the sentence, but release is decided by the Parole Board and isn’t guaranteed. A paroled lifer stays under the sentence for life.
Is manslaughter an accident? Not exactly. A pure accident with no unlawful act or criminal negligence may not be a crime at all. Manslaughter is a death caused by an unlawful act or criminal negligence, without the intent required for murder.
What should I do if a family member is charged? Contact a lawyer immediately, and make sure your family member doesn’t discuss the case with police, cellmates, or on jail phones, which may be recorded. Read should I give a statement to the police?
How Mor Fisher Can Help
We defend homicide charges across Ontario from our offices in Barrie and Toronto. Early work in a homicide case often focuses on bail in the Superior Court, preserving defence evidence, and analysing the Crown’s theory of intent, which is often where murder and manslaughter part ways. See our murder and manslaughter defence page.
If someone you love has been charged with murder or manslaughter, contact Mor Fisher LLP at 705-721-6642 or through our contact page. If they are in custody, call our toll-free line at 833-527-5369. We can explain the process, start on bail, and make sure nothing is said that can’t be taken back.