What You Need to Know

Murder & Manslaughter Charges in Ontario

Being charged with murder or manslaughter is one of the most life-altering experiences anyone can face. If you or someone you care about has been accused, the stakes couldn’t be higher. Your freedom—and your future—are on the line. But you’re not alone. I’ve spent years defending people in your position. Here’s what you need to understand.

What Is Murder Under Canadian Law?

Murder is the most serious criminal offence in Canada. It involves the unlawful killing of another person and is broken into two main categories:

First-Degree Murder
This means the act was planned and deliberate—or occurred during the commission of specific crimes, like:

  • Sexual assault
  • Kidnapping or hostage-taking
  • Terrorism
  • The killing of a police officer

Conviction leads to a mandatory life sentence with no chance of parole for 25 years. For multiple murders, parole can be delayed even longer.

Second-Degree Murder
This is also an intentional killing, but not premeditated. It could happen during a fight, an impulsive act, or emotional outburst.

Like first-degree, it carries a mandatory life sentence, but the judge may allow parole eligibility after 10 to 25 years, depending on the case.

What is Manslaughter?

Manslaughter is when someone causes death but didn’t intend to kill. It’s still a form of culpable homicide, but treated less severely. Examples include:

  • A fight where someone dies unintentionally
  • Death resulting from criminal negligence
  • Acting under extreme provocation or intoxication

Manslaughter penalties vary widely:

  • No minimum sentence (except when a firearm is used)
  • Prison sentences can range from suspended sentence to life imprisonment

Key Differences Between Murder and Manslaughter

FeatureMurderManslaughter
IntentRequiredNot required
PlanningMay be deliberate (1st degree)None
SentenceLife (Mandatory)Flexible
Defence StrategyFocused on intent & self-defenceFocused on context & provocation

Common Defence Strategies

A strong defence depends on the charge and facts of your case. As a defence lawyer, here’s how I approach these serious allegations:

1. Factual Innocence
We challenge the evidence, including:

  • Identity (was it really you?)
  • Witness credibility
  • Surveillance or forensic issues

2. Self-Defence
If you were protecting yourself or someone else, you may have acted lawfully. We show your response was reasonable given the threat.

3. Lack of Intent
If there’s no intent to kill, the charge may be reduced from murder to manslaughter.

4. Provocation
Sudden emotional shock or provocation may reduce a murder charge to manslaughter. It’s complex, but legally recognised.

5. Charter Rights Violations
If your rights were breached (e.g., unlawful search, denied counsel), we may get evidence thrown out—or the case dismissed.

Why You Need a Lawyer Immediately

The police may already be building a case against you. Don’t wait to see how bad it gets. The earlier I’m involved, the more I can do to:
  • Prevent errors that hurt your case
  • Deal directly with the Crown
  • Protect your rights from the start
Even if you think the evidence is stacked against you, you still have options.

What to Expect After Being Charged

1. Arrest and Bail Hearing
  • You may be held in custody pending a bail hearing.
  • I can represent you and fight for your release.
2. Preliminary Hearing or Direct Indictment
  • In serious cases, the Crown can skip prelims.
  • We challenge the case or prepare for trial.
3. Trial (Jury or Judge Alone)
  • I’ll help you decide what’s best for your case.
  • We build your defence step by step.

4. Sentencing (If Convicted)

  • Even here, strong advocacy can reduce the impact.

Real-World Example

A client was charged with second-degree murder after a fatal confrontation outside a bar. Witnesses gave conflicting stories, and no video showed the full event. I challenged the credibility of those witnesses and highlighted inconsistencies in police notes. After months of work, the charge was reduced to manslaughter—and the client received a conditional sentence with no jail time.

Why Work With Me

  • Trusted in Brampton courts for murder, manslaughter, and homicide cases
  • Straight answers—no false hope, no confusion
  • Personal attention—I handle your case, not a junior associate
  • Clear strategy—from day one, we plan your defence

FAQ: Murder & Manslaughter Defence

Can I be charged with murder if I didn’t mean to kill anyone?
Yes. That could be second-degree murder or manslaughter, depending on the facts.

If you used reasonable force to protect yourself or another person, it may be considered lawful self-defence—not murder.

Life means for the rest of your life—but parole may be possible after 10–25 years, depending on the conviction.
It’s possible, but difficult. I’ve helped clients secure bail even in serious cases.
No. Always ask to speak to a lawyer first. What you say can be used against you.
No. Always ask to speak to a lawyer first. What you say can be used against you.
Yes. It’s a serious offence and stays on your record.

Call Now for Serious Legal Defence

If you’re facing murder or manslaughter charges, this isn’t the time to gamble. You need a lawyer who’s been in these courtrooms and knows how to defend your rights.

Contact Gary Batasar