What to Do If You Are Charged With a Homicide or Are a Suspect in a Homicide Investigation
June 2023
Homicide is the most serious crime in Canada. If you are charged with homicide or are a suspect in a homicide investigation in Toronto, the consequences can be severe. Not only can you face a lengthy prison sentence, but your reputation and future can be ruined. This is why it is important to know what to do if you find yourself in this situation.
What is Considered a Homicide in Canada?
In Canada, homicide is defined as the killing of a human being by another person. There are different types of homicide, including murder, manslaughter, and infanticide.
Murder is the intentional killing of a human being or causing their death by an unlawful act. This includes situations where someone intends to cause serious bodily harm that leads to the victim's death. First-degree murder is both planned and deliberate, while second-degree murder does not involve premeditation.
Manslaughter is the killing of a human being without the intention to kill. This includes situations where someone causes death through criminal negligence, such as drunk driving or leaving a loaded gun unattended.
Infanticide is a specific form of homicide that is recognized in Canadian criminal law. It is the killing of a newborn child by their mother, who is suffering from a mental disturbance caused by giving birth. The mental disturbance can include postpartum depression, postpartum psychosis, or other similar conditions.
In Canada, infanticide is considered a lesser offense than murder or manslaughter. The maximum penalty for infanticide is five years in prison, while the penalty for murder is life imprisonment. This is because the law recognizes that women who commit infanticide are often experiencing a mental health crisis, and may not be fully responsible for their actions. However, it is still a serious offence, and anyone who is charged with infanticide should seek the assistance of an experienced criminal defence lawyer.
What Does it Mean to Be Charged with Homicide?
Being charged with homicide means that the police believe you are responsible for the killing of another person. You will be arrested and taken into custody, and you will have to appear in court to face the charges.
At this point, it is important to remember that you are innocent until proven guilty. You have the right to remain silent and to speak to a lawyer. It is essential that you exercise these rights.
The First Thing You Should Do If You Have Been Charged with Homicide
If you have been charged with homicide, the first thing you should do is contact a criminal defence lawyer. Your lawyer can advise you on your legal rights and represent you in court.
It is essential that you do not talk to anyone about the case, especially the police or the media, until you have spoken to your lawyer. Anything you say can be used against you in court, so it is best to remain silent until you have legal representation. Even innocent comments or statements made in the heat of the moment could be twisted or misinterpreted to suggest guilt. Therefore, it's important to stay quiet and wait for your lawyer before making any statements if at all.
Remaining silent is not an admission of guilt. It's a fundamental right that every person has under the Canadian Charter of Rights and Freedoms. By staying quiet, you're protecting yourself from the risk of inadvertently implicating yourself in the crime. It's important to remember that the police are not your friends, and their job is to gather evidence to support a conviction. So, it's always best to consult with an experienced criminal defence lawyer who can advise you on the best course of action and protect your legal rights.
Is Being a Suspect in a Homicide Different from Being Charged?
Yes, being a suspect in a homicide investigation is different from being charged with homicide. Being a suspect means that the police believe you may be involved in the crime, but they do not have enough evidence to charge you. You are simply a person of interest in their investigation.
If you are a suspect, it is still important to contact a criminal defence lawyer. Your lawyer can advise you on what to say to the police and can help protect your legal rights. In most circumstances it is your lawyer who commences discussions with the police to ensure your rights are protected and that you do not implicate yourself by providing a statement.
One of the key ways that a criminal lawyer can help you is by representing you in interactions with the police and other law enforcement officials. They can advise you on what to say and what not to say, and can intervene if the police overstep their bounds or violate your rights. This can be particularly important if you're feeling pressured or intimidated by the police or if you're unsure of what to do.
Additionally, a criminal defence lawyer can conduct their own investigation into the facts of the case, gathering evidence that may help exonerate you or cast doubt on the prosecution's case. They can also work to negotiate a plea bargain to a lesser offence, if appropriate, or represent you in court if the case goes to trial. Overall, an experienced criminal defence lawyer is an invaluable asset if you're a suspect in a homicide investigation, and can help you navigate this difficult and complex situation.
How an Experienced Criminal defence Lawyer Can Help if you are charged
If you're charged with a homicide, it's crucial to have an experienced criminal defence lawyer on your side. A homicide charge isthe most serious criminal charges that a person can face, and the consequences of a conviction can be severe. An experienced criminal defence lawyer can help you in several ways, including protecting your legal rights, developing a strong defence strategy, and representing you in court.
One of the most important ways that a criminal defence lawyer can help is by protecting your legal rights. This includes ensuring that you're not subjected to unlawful search and seizure, that you have access to legal counsel, and that you receive a fair trial. A good lawyer will fight to protect your rights every step of the way, and will ensure that you're treated fairly by the legal system.
Another way that an experienced criminal defence lawyer can help is by developing a strong defence strategy. They will review the evidence against you, interview witnesses, and conduct their own investigation to identify weaknesses in the prosecution's case. They will also work with you to develop a defence strategy that's tailored to your specific situation, and that maximizes your chances of a positive outcome.
Finally, a criminal defence lawyer will represent you in court, fighting tirelessly to protect your interests and ensure that you receive a fair trial. They may present evidence on your behalf, cross-examine witnesses, and make compelling arguments to the jury. Overall, an experienced criminal defence lawyer is an invaluable asset if you're facing a homicide charge, and can make all the difference in the outcome of your case.
How do Murder Charges Differ from other Charges
Aside from the severity of the charge itself, there are some procedural differences in how murder charges are prosecuted and advance through the system.
In the first instance, bail hearings for murder charges do not proceed in the regular stream in the Ontario Court of Justice. In most instances of bail, the prosecution must show why your detention is necessary in the Ontario Court of Justice in order to secure your detention.
For a murder charge, however, detention is automatic in the Ontario Court of Justice you must bring a bail review in the Superior Court of Justice. In this instance it is the accused that must show why their detention is not necessary and that they should be released from custody. This is what we call a reverse onus. All murder bails, therefore, reverse the onus for the accused to show why they ought to be released.
All murder charges are eligible for a preliminary hearing which is like a discovery where you get to test the evidence against you. Except unlike a discovery, a Judge presides over your preliminary hearing to determine whether the Crown has enough evidence to commit you to stand trial.
Once committal has been established, your matter will go to the Superior Court of Justice for a trial before a judge and jury. All murder charges are presumptively heard by a jury. Unlike other serious offences where the accused gets to elect their mode of trial as in whether their trial will be presented to a judge alone, or a judge and jury. The only way an accused charged with murder can have a judge alone trial is with the consent of the Attorney General or in some rare cases by bringing a pre-trial motion for a judge alone trial.
The sentence for murder is also fixed and is not discretionary on the sentencing judge. All murder convictions attract life imprisonment. What changes between first and second degree murder, however, is the eligibility for parole. First degree murder is life imprisonment with with parole ineligibility for 25 years. Second degree murder, however, can have a reduced parole ineligibility as low as 10 years. In all cases heard by a judge and jury, the jury decides whether to convict an accused or find them not guilty and the judge decides on the sentence if the person is convicted by the jury. In second degree murder convictions, however, the jury can recommend the period of parole ineligibility to the judge. It will ultimately still be up to the judge to impose the sentence, but this is the only instance in criminal law where the jury can make sentencing recommendations.
Contact Titan Defence Today
If you've been charged with a homicide or are a suspect in a homicide investigation in Toronto, it's crucial to have a skilled and experienced criminal defence lawyer on your side. At Titan Defence, we have a proven track record of successfully defending clients facing serious criminal charges, including homicide. Our team of expert criminal lawyers will work tirelessly to protect your legal rights, develop a strong defence strategy, and represent you in court.
With years of experience in the criminal justice system, we have the knowledge and expertise to help you navigate this difficult and complex situation. We understand that facing a homicide charge can be overwhelming, but we're here to provide you with the support and guidance you need to achieve a positive outcome. Our team is dedicated to fighting for justice and ensuring that you receive the best possible defence.
So, if you're facing a homicide charge or are a suspect in a homicide investigation, don't hesitate to contact Titan Defence today. We're here to help you every step of the way, and to provide you with the best possible defence.
Author: Titan LLP
NOTE: THIS IS NOT LEGAL ADVICE AND THIS SHOULD ONLY BE RELIED ON FOR INFORMATIONAL PURPOSES. THIS BLOG IS NO SUBSTITUTE FOR LEGAL ADVICE BY AN ACTUAL LAWYER. THE LAW ALSO DYNAMIC IS CHANGES OFTEN, AND AS A RESULT, THE INFORMATION CONTAINED HEREIN MAY BE OUTDATED AFTER TIME. THIS BLOG MUST NOT BE RELIED ON AS A SUBSTITUTE FOR ACTUAL LEGAL RESEARCH.