Facing second-degree murder charges in Alberta is one of the most serious and life-altering experiences anyone can go through. These charges are extremely complex and carry consequences that can follow you for the rest of your life.
In Canada, second-degree murder is legally defined as intentional homicide that is not planned or premeditated. Despite the absence of planning, the penalties are just as severe. A conviction results in mandatory life imprisonment with lengthy parole ineligibility periods.
If you’ve been charged or are under investigation, you need to understand your rights, your options, and what the law actually says. More importantly, you need to act quickly. The justice system does not favour delay, and the Crown will begin building its case immediately.
Your best defence begins with the guidance of an experienced murder defence lawyer who knows the Alberta courts and understands how to challenge serious charges like this. This blog will walk you through the legal definition, sentencing realities, defence strategies, and why early legal representation is absolutely critical.
What Is Second-Degree Murder In Canada?
Under Section 231(7) of the Criminal Code of Canada, all murders that are not first-degree are considered second-degree. This includes intentional killings that:
- Are not planned or deliberate
- Do not involve specific victims like police officers or prison guards
- Do not occur during enumerated offences (kidnapping, sexual assault, etc.)
The legal distinction lies primarily in the absence of premeditation. The act must still be intentional or display intent to cause bodily harm that is likely to result in death.
Causation: What Must The Crown Prove?
One of the most crucial elements in any murder trial is causation. Did the accused’s actions significantly contribute to the victim’s death?
Leading Case: R. v. Nette, 2001 SCC 78
The Supreme Court in Nette clarified that:
“The accused’s act must be a significant contributing cause of death, not merely a trivial one.”
This decision refined the earlier Smithers standard, moving toward a more flexible, contextual interpretation. It also confirmed that indirect actions can support causation, but only if they meaningfully contributed to death; not every involvement meets the threshold.
Sentencing For Second-Degree Murder In Alberta
Second-degree murder carries a mandatory life sentence under Section 235 of the Criminal Code. However, parole eligibility is set by the judge, based on multiple factors.
Key Sentencing Features
- Life imprisonment
- Parole eligibility after 10 to 25 years, determined by the trial judge
The judge weighs factors such as brutality, motive, prior record, and the impact on public safety
Recent Sentencing Trends
In Alberta, courts are generally setting parole ineligibility periods between 12 and 18 years for second-degree murder.
For example:
R. v. Jolicoeur, 2023 ABKB 9: Parole ineligibility set at 14 years
R. v. Mbaye, 2022 ABQB 73: Parole ineligibility set at 14 years
These decisions reflect the province’s consistent approach to assessing the severity of second-degree murder based on individual case facts.
Legal Defences To Second-Degree Murder
Can Second-Degree Murder Charges Be Reduced?
Yes. With strong legal representation, second-degree murder charges may be plea-bargained down to manslaughter, particularly when:
- The intent to kill is unclear
- There are evidentiary weaknesses
- The death occurred during a mutual confrontation
This could drastically reduce sentencing outcomes, as manslaughter has no mandatory minimum unless a firearm was used.
Now, let’s take a look at common defences:
1. Self-Defence: Section 34, Criminal Code
The accused may argue that force was necessary to prevent death or grievous bodily harm. Courts assess the proportionality and reasonableness of the response.
2. Lack Of Intent
If the Crown cannot prove intent beyond a reasonable doubt, the charge could be reduced to manslaughter. This may involve:
- Intoxication (which may negate intent)
- Emotional provocation
- Accidental use of excessive force
3. Not Criminally Responsible (NCR): Section 16
Where mental illness is a factor, the court may find the accused not criminally responsible due to a mental disorder. This requires psychiatric assessment and judicial determination.
The Role Of A Murder Defence Lawyer
A knowledgeable and experienced murder defence lawyer is essential in navigating:
- Complex bail processes
- Evidence challenges
- Expert witness testimony
- Sentencing submissions
- Negotiations for lesser charges (where applicable)
In homicide cases, early legal intervention is vital. Never speak to police without consulting a lawyer first; any statement you make can and will be used against you.
About Daryl Royer
Daryl Royer is an experienced criminal defence lawyer in Edmonton, focused exclusively on defending serious charges like murder, manslaughter, sexual assault, and drug offences.
With decades of courtroom experience, Daryl is known for his strategic defence work, deep understanding of criminal law, and dedication to protecting clients’ rights at every stage.
If you’re facing serious charges, contact Daryl Royer today for a confidential legal consultation.