First-Degree Murder
First-degree murder under section 231 of the Criminal Code is the most serious offence in Canadian law. The mandatory sentence is life imprisonment with no parole eligibility for 25 years. The offence requires proof of murder under section 229 — the killing of a human being by an unlawful act, with the intent to cause death or to cause bodily harm the accused knows is likely to cause death — plus one of the additional elements that elevate the murder to first degree.
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Pathways to first-degree murder
Section 231 lists the pathways. The most important are: (1) planned and deliberate — the accused planned the killing and acted on it; (2) contract killing — the accused killed for money or other consideration; (3) killing of a peace officer or prison employee acting in the course of duty; and (4) constructive first-degree murder — murder committed during the commission of certain enumerated offences such as forcible confinement, kidnapping, hijacking, sexual assault, or hostage-taking, even without planning.
Planned and deliberate
The most common pathway in contested cases is planned and deliberate. "Planned" means a calculated scheme or design carried out by the accused. "Deliberate" means considered, not impulsive — the accused weighed the consequences and acted with a settled purpose. Both elements must be proven beyond a reasonable doubt. The Supreme Court in R v Nygaard, 1989 and subsequent cases has emphasized that planning and deliberation are distinct elements; both are required.
Constructive first-degree murder
Constructive first-degree murder under section 231(5) elevates a murder to first degree where it occurs while the accused commits one of the enumerated offences (hijacking, forcible confinement, hostage-taking, kidnapping, sexual assault, sexual assault with a weapon, aggravated sexual assault, and certain criminal-organization or terrorism offences). The Crown must prove the underlying offence and a substantial nexus between it and the killing.
Defences
Defences in first-degree murder cases often turn on negating one of the elevating elements — challenging planning and deliberation can reduce the conviction to second-degree murder, which has a different parole-eligibility regime. Other defences address the underlying murder: identification, self-defence, provocation (which can reduce murder to manslaughter), and capacity (intoxication or mental disorder).
Sentencing
First-degree murder carries an automatic life sentence with parole ineligibility of 25 years. The judge has no discretion on the parole period. Faint hope reviews — which previously allowed parole review after 15 years — were eliminated in 2011. Multiple murders can attract consecutive parole-ineligibility periods, though the Supreme Court in R v Bissonnette, 2022 struck down the consecutive provisions as unconstitutional under section 12.
Related glossary terms
