Second degree murder sentence Canada: an adult convicted of second-degree murder receives life imprisonment, but the court sets when that person may first apply for parole. The same life sentence applies to first-degree murder; the central difference is the period of parole ineligibility. This page addresses adult murder charges in Ontario under federal Canadian criminal law.

Murder sentence in Canada: the short answer

For both first degree and second degree murder in Canada, the sentence is life in prison.

— Jeffrey I. Reisman, criminal defence lawyer

A murder sentence in Canada is life imprisonment whether the conviction is for first-degree or second-degree murder. That does not mean every person serves the same number of years in custody before being allowed to ask for parole, and parole is not guaranteed.

The classification of the allegation, the evidence, and the applicable parole-ineligibility rules matter from the beginning of a case. A person facing an investigation or charge should get advice from a murder lawyer Toronto before making decisions about police questioning, a release hearing, or a plea.

What is the sentence for murder in Canada?

An adult convicted of murder receives life imprisonment under section 235 of the Criminal Code. The court does not choose a shorter fixed prison sentence for a murder conviction, although the degree of murder determines, or affects, the first parole-eligibility date.

For a broader explanation of the sentence for murder and how a life sentence works, see Uncover Canada’s Life Sentencing Secrets: What You Need to Know!. The adult rules discussed here do not simply apply to a young person dealt with under the Youth Criminal Justice Act.

First-degree and second-degree murder sentences compared

Conviction	Sentence	Earliest parole eligibility
First-degree murder	Life imprisonment	After 25 years
Second-degree murder	Life imprisonment	A period set by the judge, from 10 to 25 years

Both first-degree and second-degree murder carry life imprisonment. For first-degree murder, the person cannot apply for parole until 25 years have been served; for second-degree murder, the sentencing judge sets parole ineligibility within the 10-to-25-year range.

Eligibility is only the first date on which a person can ask for parole. It is not release from custody, and it does not end a life sentence. The Parole Board of Canada decides whether release would be appropriate under the parole law, and a person who is granted parole remains subject to the life sentence and supervision conditions.

For example, a person convicted of second-degree murder may receive life imprisonment with 15 years of parole ineligibility. At 15 years, that person may apply; the Parole Board can deny parole, grant a form of conditional release, or later suspend or revoke release if the legal criteria are met.

First-degree murder sentence in Canada

A first degree murder sentence Canada conviction results in life imprisonment with no parole eligibility for 25 years. This is mandatory for an adult conviction, regardless of whether the prosecution seeks a longer or shorter custodial term.

In plain language, a planned and deliberate killing is first-degree murder. Section 231 of the Criminal Code also treats certain killings in specified circumstances as first-degree murder, even where the issue is not simply whether the killing was planned and deliberate.

For example, if the Crown alleges that a person arranged to meet another person, brought a weapon, and carried out a pre-formed plan to kill them, it may allege planned and deliberate first-degree murder. The Crown must still prove the required facts and intent beyond a reasonable doubt.

Sentence for second-degree murder

The sentence for second-degree murder is life imprisonment, with parole ineligibility set between 10 and 25 years. Second-degree murder is murder that is not first-degree murder under section 231.

The sentencing judge fixes the parole-ineligibility period within that range under section 745 of the Criminal Code, based on the circumstances of the offence and the offender. The minimum sentence for second-degree murders in Canada is therefore life imprisonment; 10 years is the usual earliest point at which parole eligibility can be set, not a 10-year sentence.

Consider someone convicted of intentionally causing a death during a sudden confrontation, where the Crown cannot prove planning and deliberation and no statutory first-degree category applies. A judge may impose life imprisonment and set parole ineligibility at, for example, 12 years, but the person remains sentenced to prison for life.

What the Crown must prove before a murder sentence can be imposed

A life sentence can be imposed only after the Crown proves guilt beyond a reasonable doubt at trial, or after the accused enters a guilty plea that the court accepts. A charge alone is not a conviction, and the Crown prosecutor bears the burden of proving the essential elements of the offence.

The definition of murder in section 229 of the Criminal Code includes intentional killing and certain conduct where a person means to cause bodily harm they know is likely to cause death and is reckless whether death results. Depending on the allegation, the case can turn on identity, the cause of death, intention, what was said to police, digital or forensic evidence, and whether a defence or Charter issue is available.

For example, a statement made during an interview may be important only if it was obtained lawfully and is reliable and admissible. Counsel can assess the disclosure, the police conduct, and protections under the Canadian Charter of Rights and Freedoms before the accused makes major choices in the case.

What happens after a murder charge in Ontario

After a murder charge in Ontario, do not try to explain the events to police, potential witnesses, or online as a substitute for legal advice; ask to speak with a criminal defence lawyer. Murder cases proceed in the Ontario Superior Court of Justice, but the immediate issues may include arrest, detention, bail, disclosure, and strict communication conditions.

1. State clearly that you want legal counsel and do not answer investigative questions until you have received advice.
2. Follow the directions connected to detention, a bail hearing, or any release order. Do not contact protected persons or witnesses if conditions prohibit it.
3. Preserve relevant messages, photos, location data, and documents without deleting, changing, or asking others to change anything.
4. Do not discuss the facts with potential witnesses, co-accused persons, or on social media.
5. Have counsel review disclosure and the Crown’s theory before deciding whether to testify, negotiate, or resolve any issue.

Early legal advice also helps a person understand their immediate rights. Read our know your rights information for a practical starting point, but obtain advice specific to the allegation and the conditions in place.

Accessory after the fact to murder

Accessory after the fact to murder is a separate allegation from murder that can arise when someone helps another person avoid legal consequences while knowing that person was a party to the offence. It is not automatically established merely because a person is related to, lives with, or knows someone accused of murder.

Allegations may involve hiding a person, concealing evidence, arranging transportation to help an escape, or giving a false alibi. The facts and the person’s knowledge and purpose matter. The Criminal Code allows a maximum sentence of life imprisonment for accessory after the fact to murder, but that allegation is different from being charged as a party to the killing itself.

Common questions about murder sentences in Canada

What is the minimum sentence for second-degree murder?

The minimum sentence for second-degree murder is life imprisonment. The judge sets parole ineligibility at from 10 to 25 years, so a person does not receive a 10-year sentence for murder.

Is parole automatic after 10 or 25 years?

No. Reaching the parole-eligibility date permits an application; it does not require the Parole Board of Canada to release the person. The Board considers the statutory criteria and risk, and parole can be refused.

What is the lowest sentence for murder?

For an adult murder conviction, the sentence is life imprisonment. The lowest parole-ineligibility period for second-degree murder is generally 10 years, but parole eligibility is not the same as a fixed custodial sentence or guaranteed release.

Is there third-degree murder in Canada?

No. Canadian criminal law recognizes first-degree and second-degree murder, not third-degree murder. Manslaughter is a different homicide offence, usually involving different legal issues and sentencing rules; see Minimum Sentence for Manslaughter in Canada for a short explanation.

For answers to other criminal-process questions, see the general criminal law faq.

Speak with a Toronto criminal defence lawyer

A murder allegation can affect detention, bail, police questioning, and every later court decision. Getting legal advice early can help protect your position before you make a statement or take a step that cannot easily be undone.

Call 647-351-HELP (4357) or book a free consultation to discuss your case with Jeffrey I. Reisman.