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Homicide

Understanding the Types of Homicide

The Lawyers At Roulston Urquhart Have Been Successful In Representing These Charges Due To Their Attention To Detail And Powerful Advocacy Skills

Homicide is one of the most serious offences in Canada. Homicide can be classified as first-degree murder, second-degree murder, manslaughter or infanticide.

All homicide charges are very complex and require meticulous attention to detail. If found guilty, the sentence ordered by the court can be severe. At Roulston Urquhart Criminal Defence, our lawyers maintain a high level of professionalism, integrity and empathy for our clients, regardless of the charges faced.

Your lawyer at Roulston Urquhart Criminal Defence will analyze the details of your case to determine possible issues. This may include insufficient identification by the police, an invalid search warrant or inadequate investigative procedures. All these factors are relevant for preparing a thorough defence and obtaining the best result possible for your case. At Roulston Urquhart Criminal Defence, our lawyers possess strong technical knowledge to argue your file in front of a Justice or jury.

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Questions

What is Homicide?

Homicide is considered one of the most serious offences in Canada. Homicide can be classified as first-degree murder, second-degree murder, manslaughter or infanticide. A first degree murder charge may involve the killing of a police officer, any homicide that is planned and deliberate, or a murder that was in relation to other specific offences such as sexual assault or forcible confinement.

What defences do I have?

The police will use various investigative techniques to gather evidence for a homicide charge. This may include advanced surveillance, undercover operations such as a Mr.Big Sting, wiretaps, search warrant or police interrogations. Like all offences, the police are required to respect all Charter rights held by the accused. All individuals are entitled to specific Charter rights that grant protection when placed under arrest and interacting with the police. If it is found that the police did not follow the correct procedure and infringed on your Charter rights, an application can be made on your behalf to exclude evidence. A potential exclusion of evidence can greatly weaken the Crown Prosecutor’s case against you. Your lawyer at Roulston Urquhart Criminal Defence will evaluate all of your interactions with police to determine if any potential breaches occurred and if the evidence referenced was properly obtained.

For certain homicide homicide cases, the charge may be reduced from first degree murder to manslaughter. A multi-faceted strategy is required to conduct negotiations with the Crown Prosecutor. Your lawyer at Roulston Urquhart will work diligently on your behalf to develop the best defence strategy based on your circumstances.

What happens if I am found guilty?

If you are convicted of homicide, you could be sentenced to life in jail. Certain homicide convictions may carry mandatory incarceration sentences that must be served in federal correctional institutions.

A standard sentence for a first degree murder conviction is life imprisonment with parole eligibility after 25 years served. If you are convicted of second degree murder, this will likely result in a life sentence with parole eligibility after a minimum of 10 years.

Jail sentences for first or second degree murder are commonly served in federal institutions.

The sentence for manslaughter varies as a mandatory minimum does not apply unless the offence was committed with a firearm. If the manslaughter offence was committed with a firearm, the minimum sentence is four years of jail time.

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Relevant Cases

Our past cases prove the practical and effective results in successfully defending and negotiating criminal charges. We will provide you with a step-by-step plan to defend your charges and ideally resolve before trial. Our criminal defence lawyer’s goal is to protect your criminal record and your freedom.

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R v J.Y. [Alberta Court of Queen’s Bench]

Offence: Two counts of attempted murder and two counts of aggravated assault.

Result: Not Criminally Responsible


The Accused was charged with two counts of attempted murder and two counts of aggravated assault. The Defence argued that the Court should find the Accused not criminally responsible as a result of a mental disorder. Specifically it was argued that he was suffering from a mental illness at the time of the attack that made it impossible to form the requisite intent. In July 2021 Justice Hall found the Accused not criminally responsible and directed that he appear before the Alberta Review Board for further assessment.

R v S.W. [Calgary Court of Queen’s Bench]

The client was found guilty of 1st degree murder. Tonii Roulston and Andrea Urquhart represented the client. Despite a Mr. Big confession, the jury took 3 days to render their verdict.

The matter is currently under Appeal.

R v B. [Alberta Court of Queen’s Bench]

Offence: First Degree Murder

Result: Ordered released on the charge of first degree murder


The accused was charged with first degree murder. A lengthy show cause hearing was conducted in the Court of Queen’s Bench where the Crown argued for the accused’s detention on the basis that the Accused was a risk to reoffend in the community and that his detention was necessary to maintain the public’s confidence in the administration of justice. After lengthy submissions were made by Andrea attacking the strength of the Crown’s case and arguing that the release plan addressed the Crown’s concerns Justice Mahoney ordered the Accused released.

R v A.A. [Alberta Court of Queen’s Bench]

Offence: First Degree Murder

Result: Ordered released on the charge of first degree murder


The accused was charged with first degree murder. A lengthy show cause hearing was conducted in the Court of Queen’s Bench where the Crown argued for the accused’s detention on the basis that the Accused was a risk to reoffend in the community and that his detention was necessary to maintain the public’s confidence in the administration of justice. After lengthy submissions were made by Andrea attacking the strength of the Crown’s case and arguing that the release plan addressed the Crown’s concerns Justice Mahoney ordered the Accused released.

R v R.H. [Calgary Court of Queen’s Bench]

Offence: 3 counts of First-Degree Murder

Result: The client plead guilty to 1 count Second-Degree Murder.


The client was charged with 3 counts of First-degree murder for shooting and killing 3 people in a restaurant. Tonii Roulston and Andrea Urquhart filed numerous motions on behalf of the client for trial. The Crown agreed to withdraw all 3 First–degree murders and the client plead guilty to 1 second-degree murder. The client was eligible for parole at 17 years as opposed to a 3 x 25 year life sentences.

R v A.P. [Calgary Court of Queen’s Bench]

Offence: Second-Degree Murder

Result: The client plead guilty to manslaughter.


The client was charged with the fatal stabbing of the victim at a house party. He was charged with second degree murder. Tonii Roulston represented the client and he plead guilty to the lesser offence of manslaughter.
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