First Degree or Second Degree Murder?

THUNDER BAY – The City of Thunder Bay has held the dubious title of “Murder Capital of Canada for a number of years. With the decision in the Barb Kentner homicide to go forward with second-degree murder charges against Brayden Bushby there has been some real confusion as to what the difference between the various charges open to a judge in a homicide case.

Here, from the Criminal Code of Canada are the definitions of murder.

Classification of murder

• 231 (1) Murder is first-degree murder or second-degree murder.

• Marginal note:Planned and deliberate murder

  (2) Murder is first degree murder when it is planned and deliberate.

• Marginal note: Contracted murder

  (3) Without limiting the generality of subsection (2), murder is planned and deliberate when it is committed pursuant to an arrangement under which money or anything of value passes or is intended to pass from one person to another, or is promised by one person to another, as consideration for that other’s causing or assisting in causing the death of anyone or counselling another person to do any act causing or assisting in causing that death.

• Marginal note: Murder of peace officer, etc.

  (4) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first-degree murder when the victim is

  • (a) a police officer, police constable, constable, sheriff, deputy sheriff, sheriff’s officer or other person employed for the preservation and maintenance of the public peace, acting in the course of his duties;

  • (b) a warden, deputy warden, instructor, keeper, jailer, guard or other officer or a permanent employee of a prison, acting in the course of his duties; or

  • (c) a person working in a prison with the permission of the prison authorities and acting in the course of his work therein.

• Marginal note: Hijacking, sexual assault or kidnapping

  (5) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first-degree murder in respect of a person when the death is caused by that person while committing or attempting to commit an offence under one of the following sections:

  • (a) section 76 (hijacking an aircraft);

  • (b) section 271 (sexual assault);

  • (c) section 272 (sexual assault with a weapon, threats to a third party or causing bodily harm);

  • (d) section 273 (aggravated sexual assault);

  • (e) section 279 (kidnapping and forcible confinement); or

  • (f) section 279.1 (hostage taking).

• Marginal note: Criminal harassment

  (6) Irrespective of whether a murder is planned and deliberate on the part of any person, murder is first degree murder when the death is caused by that person while committing or attempting to commit an offence under section 264 and the person committing that offence intended to cause the person murdered to fear for the safety of the person murdered or the safety of anyone known to the person murdered.

• Marginal note: Murder — terrorist activity

  (6.01) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first-degree murder when the death is caused by that person while committing or attempting to commit an indictable offence under this or any other Act of Parliament if the act or omission constituting the offence also constitutes a terrorist activity.

• Marginal note: Murder — criminal organization

  (6.1) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first-degree murder when

  • (a) the death is caused by that person for the benefit of, at the direction of or in association with a criminal organization; or

  • (b) the death is caused by that person while committing or attempting to commit an indictable offence under this or any other Act of Parliament for the benefit of, at the direction of or in association with a criminal organization.

• Marginal note: Intimidation

  (6.2) Irrespective of whether a murder is planned and deliberate on the part of a person, murder is first-degree murder when the death is caused by that person while committing or attempting to commit an offence under section 423.1.

• Marginal note: Second-degree murder

  (7) All murder that is not first-degree murder is second-degree murder.