What is Manslaughter?​

This article is a brief and general overview about Manslaughter. Manslaughter is defined under section 236 of the Criminal Code of Canada. According to the Criminal Code definition, Manslaughter is any culpable homicide that is not classified as either murder or infanticide. When someone causes the death of another person, they can be charged with manslaughter, regardless of whether there is intent. 

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​How is manslaughter different than murder?

Murder is the intentional homicide of another person, whereas in cases of manslaughter, the victim's death occurred when there was no specific intention to cause death. 

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What are the different forms of manslaughter?

There are 2 main types of manslaughter: 

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1) Unlawful Act Manslaughter: This type of manslaughter occurs when a person commits a criminal act (for example, assaults another person), and as a result of that criminal act, it unintentionally leads to the death of the other person, then the accused may be charged with manslaughter.

2) Criminal Negligence causing death: This type of manslaughter occurs when a person did something or failed to do something they were required to do, and that their actions (or lack of actions) would differ from what a careful, reasonable person would have done in the same situation. The behaviour must also show a blatant, reckless disregard to human life or safety, and it must have been reasonably predictable that this conduct created a real risk of bodily harm. 

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What are some examples of manslaughter?​

Some examples of manslaughter include: 

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a) A bar fight or assault where a punch/shove leads to someone having a fatal injury

b) Impaired driving causing death to another person

c) Supplying drugs that cause a fatal overdose

d) Arson that causes death

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What are the legal elements needed to prove manslaughter?​

For every criminal case, the Crown must prove at least 4 things: 

1. Identity: The Crown must prove that you are the person who committed the crime. 

2. Jurisdiction: You are being charged in the correct court. 

3. Date: The Crown must prove the date when the crime took place when the police say it did. 

4. The elements of the Crime. 
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In this case, the elements of manslaughter are:

a) That you (the accused) committed an unlawful act;

b) That the unlawful act you committed was dangerous/reckless in the circumstances; and

c) That your unlawful act caused the another person's death. 

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What are some possible defences for manslaughter? 

Some of the most common defences for manslaughter include arguing that the your actions (the accused) were the result of self-defence, or an accident depending on the circumstances of the case. 

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What are the penalties for manslaughter? ​

For this charge, there is no minimum sentence, and so, this means that in these cases, judges are able to use their discretion in determining the appropriate punishment. The sentence will vary depending on a wide range of factors, and as a result, it is not possible to estimate a sentence without knowing the facts of the case. However, if a firearm was used, then there is a mandatory minimum sentence of 4 years imprisonment. It is also important to note that the maximum penalty for manslaughter is life imprisonment. ​

 

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Common FAQs: ​

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1. What do you do if you have been charged with Manslaughter? ​

If you have been charged with Manslaughter by the police, first contact us. Once retained, Shankar Law Office will continue to advise and guide you so that you can receive the best legal defence for this charge. 

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