Homicide charges are among the most serious allegations a person can face in Canada. They carry life-altering consequences and demand the attention of an experienced murder defence lawyer who understands the complexities of Canadian criminal law.
In Edmonton, homicide cases are prosecuted under strict legal standards, and the Criminal Code of Canada sets out very clear distinctions between first-degree murder, second-degree murder, and manslaughter.
For someone charged with any form of homicide, the defence process requires more than general criminal law knowledge. It calls for a highly strategic, detail-oriented approach that protects the accused’s rights at every stage.
This blog explores how a homicide defence lawyer in Edmonton builds a case, the legal framework that governs such charges, and why timely legal representation is essential.
Homicide Under Canadian Law
The Criminal Code of Canada provides the foundation for homicide offences:
- Section 222(1) defines homicide as the act of directly or indirectly causing the death of a human being.
- Section 229 states that culpable homicide is murder if the person intends to cause death, or intends to cause bodily harm that they know is likely to cause death and are reckless. It is also murder if, for an unlawful object, the person does something they know is likely to cause death.
- Section 231 distinguishes between first-degree and second-degree murder. First-degree applies in cases of planned and deliberate killings or when specific aggravating circumstances exist, such as murder of a peace officer or murder committed during certain offences, including sexual assault or kidnapping. Second-degree covers all other intentional murders.
- Section 234 defines manslaughter as culpable homicide that is not murder or infanticide.
Sentencing Snapshot In Canada
- First-degree murder: life imprisonment with no parole eligibility for 25 years.
- Second-degree murder: life imprisonment with parole ineligibility set by the judge between 10 and 25 years under Section 745.4.
- Manslaughter: maximum life sentence with a minimum of 4 years if a firearm is used under Section 236.
These distinctions are critical because sentencing outcomes vary greatly depending on the classification of the offence.
The Role Of A Murder Defence Lawyer In Edmonton
A murder defence lawyer in Edmonton serves as both advocate and strategist. Their role is to ensure the accused receives a fair trial, uphold constitutional rights, and challenge the Crown’s evidence effectively. This includes:
- Explaining charges and potential outcomes so the accused fully understands the process.
- Analyzing disclosure from the Crown to evaluate every piece of evidence.
- Building a defence strategy tailored to the facts and circumstances.
- Challenging unlawful evidence gathering that may breach the Charter of Rights and Freedoms.
- Representing the accused in pre-trial motions and trial proceedings.
The lawyer’s expertise directly influences the case outcome, which is why choosing a seasoned Edmonton criminal defence lawyer is crucial.
Case Building Process: Step By Step
1. Reviewing Disclosure And Evidence
In R. v. Stinchcombe, [1991] 3 S.C.R. 326, the Supreme Court of Canada held that the Crown has a broad, continuing duty to disclose all relevant information so that the accused can make a full answer and defence.
In addition, Criminal Code Section 603 entitles an accused who has been ordered to stand trial or is on trial to inspect the indictment, their own statement, the evidence and exhibits, and to receive copies.
A homicide defence lawyer carefully reviews this disclosure to identify weaknesses, omissions, or inconsistencies in the Crown’s case.
2. Charter Rights Challenges
The Canadian Charter of Rights and Freedoms is central to homicide defence. Suppose police violate constitutional protections such as unlawful search and seizure under Section 8, arbitrary detention under Section 9, or denial of counsel under Section 10(b).
In that case, the defence can seek to exclude evidence. The Supreme Court decision in R. v. Grant, 2009 SCC 32 sets out how courts determine whether evidence obtained through a Charter breach should be excluded.
3. Witness Interviews And Cross-Examination Preparation
Witness reliability is often a decisive factor. A skilled defence lawyer investigates credibility, prior inconsistent statements, and potential motives to mislead. In court, effective cross-examination can reveal contradictions and create reasonable doubt for the jury.
4. Forensic And Expert Evidence
Homicide prosecutions often rely on forensic evidence such as DNA analysis, ballistics, or toxicology. Defence lawyers may consult independent experts to challenge Crown evidence.
5. Developing Legal Defences
Possible defences in homicide cases include:
- Self-defence (Section 34, Criminal Code): Showing that the accused acted to protect themselves from real or perceived harm.
- Accident: Establishing that the death was unintended and without criminal responsibility.
- Lack of intent: Undermining the Crown’s ability to prove the intent required for murder.
- Identity defence: Disputing whether the accused was the actual perpetrator.
Each strategy is shaped by the case facts, expert testimony, and precedents.
6. Negotiation And Resolution
In some situations, a homicide defence lawyer may negotiate with the Crown for reduced charges. For example, a plea to manslaughter may be pursued if evidence of intent is weak. This approach can reduce sentencing exposure while still protecting the accused’s rights.
About Us
At Daryl Royer Criminal Defence, we understand the seriousness of facing homicide charges. Based in Edmonton, Daryl Royer is a dedicated criminal defence lawyer with extensive courtroom experience in assault, sexual assault, domestic violence, and serious offences, including homicide.
Every client receives personalized attention and a defence strategy designed to protect their rights and secure the best possible outcome.
If you or someone you know is facing a homicide charge, contact us today to discuss your case confidentially. Visit our website to schedule a consultation.