Manslaughter is a serious criminal offence but one that can vary dramatically in circumstances. Due to this, the sentences can also be across a broad spectrum. This can be confusing for those who want to know what is the sentencing for manslaughter in Canada.
Here we’ll give you a deeper understanding of how the Canadian justice system approaches manslaughter sentencing. This involves looking at the legal framework, different types of manslaughter, and sentencing guidelines. Let’s get started.
What is Manslaughter in Canada?
To understand sentencing, it’s important to know the definition of manslaughter in Canada. The crime is defined as the unlawful killing of another but without the intent to kill or cause grievous bodily harm.
This can either be a killing in the heat of the moment, or one that involves reckless/negligent actions. When it comes to sentencing, it will depend hugely on the circumstances.
Related Article: https://www.agpllp.ca/what-constitutes-manslaughter-a-detailed-look-at-voluntary-and-involuntary-manslaughter-in-canada/
What is the Sentencing for Manslaughter in Canada?
For those who are worried about sentencing, getting an accurate estimation is extremely difficult. That’s because the sentencing for manslaughter is highly discretionary and judges are trusted to make a fair call based on the circumstances.
Unless a firearm was used, there is no minimum sentence for manslaughter. On the other end of the scale, the maximum sentence is life imprisonment. As you can see, judges have the entire spectrum of sentence terms to choose from.
General Sentencing Ranges
Without knowing the circumstances, it’s not wise to give you a set figure on what you can expect from manslaughter sentencing. It’s always the best idea to speak to an expert and explain the circumstances to them in order to get a better understanding.
That being said, most sentences range between 4 and 15 years in prison depending on the severity. However, in the least severe of cases, the guilty party may avoid prison entirely. If a firearm was involved, then a minimum sentence does apply, which is four years.
Life Imprisonment
Life imprisonment for manslaughter is rare. For this sentence, there would have to be an exceptionally high degree of recklessness, low morality, and a history of violent offences. There would be no mitigating factors and plenty of aggravating factors. Even if a life sentence is given, individuals will become eligible for parole after a portion of their sentence is served.
Factors Influencing Sentencing
We’ve mentioned a few times the sentence will depend on the factors surrounding the case, so let’s take a closer look at what they are.
Mitigating Factors
Mitigating factors are the circumstances that reduce the offender’s moral blame. These can include:
- Lack of criminal record
- Severe provocation or imperfect self-defence
- Mental illness or psychological issues
- Remorse and responsibility acceptance
- Cooperation
- No weapon involved
Aggravating Factors
Conversely, aggravating factors are those which increase the severity of the sentence and will usually lead to harsher sentences. These can include:
- Use of a weapon, especially a firearm
- If the victim was vulnerable
- Prior criminal record (especially if violent)
- A higher degree of recklessness
- In a position of trust or authority
Victim Impact Statements
Victim impact statements are either written or delivered orally by the victim’s family or anyone else affected by the time. They can have an indirect influence on sentencing. They can provide the judge with more context on mitigating/aggravating circumstances such as if it’s detailed how the offender was seen as someone the victim could trust.
Plea Bargaining
In some cases, prosecutors may enter into a plea bargain with the homicide defence lawyers. This is where the accused will plead guilty in exchange for a reduced charge or a lighter sentence. This can be beneficial for both sides, especially if the case is complex. It ensures a conviction for the prosecution, while the accused benefits from less severe punishment.
Parole and Rehabilitation
Manslaughter offenders, as with other convicted criminals in Canada, may be eligible for parole. As a general rule of thumb, this happens after either a third of your sentence or seven years, whichever comes first.
For example, someone sentenced to life imprisonment will be eligible after seven years. Someone sentenced to six years will be eligible in two. Parole is, of course, no guarantee and will depend on a wide range of factors such as the offender’s behaviour, potential for rehabilitation, and risk to society.
Final Thoughts
What is the sentencing for manslaughter in Canada? As we’ve seen, it’s a very difficult question to answer. Sentencing is shaped by a wide range of factors and can range from non-custodial sentences to life imprisonment.
Due to this, for anyone facing a manslaughter charge, it’s vital to get experienced legal representation to try and get the best possible outcome. If you’re looking for legal help or have any further questions, contact AGP LLP today and we’ll be happy to offer you a consultation.
