Murder Charges in Toronto: The Legal Process, Step by Step

A murder charge is the most serious accusation in Canadian criminal law, and the legal process that follows moves quickly, is highly technical, and carries consequences that can shape the rest of a person’s life. Understanding what actually happens  from arrest through trial   is critical for anyone facing this charge, or for a family member trying to make sense of what’s ahead.

This guide walks through the process step by step, based on how murder charges are handled under the Criminal Code of Canada and in Ontario’s court system.

This article provides general legal information and is not a substitute for legal advice about a specific case. If you or a family member has been charged with murder, contact a criminal defence lawyer immediately the decisions made in the first hours and days can significantly affect the case going forward.

Step 1: Arrest and Immediate Custody

Once police lay a murder charge, the accused is arrested and held in custody. Unlike many other criminal charges, there is generally no option for police to release someone charged with murder on a simple promise to appear given the severity of the allegation, the accused will be held for a bail hearing.

At this stage, it’s important to understand two rights that apply immediately:

• The right to remain silent. Anything said to police can be used as evidence later. It’s generally advisable to say nothing beyond identifying information until a lawyer is present.
• The right to legal counsel. Anyone arrested in Canada has the right to speak with a lawyer without delay, and to be informed of that right by police.

Statements made during this early window  even ones that seem minor or unrelated  are often scrutinized closely later in the case, which is why contacting a lawyer immediately, before any formal interview or statement, is so important.

Step 2: The Bail Hearing

This is one of the most misunderstood parts of the process. A few key points:

• Murder charges are heard exclusively in the Superior Court of Justice in Ontario not the Ontario Court of Justice, where most other bail hearings take place.
• Bail is legally possible, but it is genuinely difficult to obtain. Under Canada’s Charter of Rights and Freedoms, everyone has a right to reasonable bail, and there is no charge for which bail is automatically denied — but for murder, the accused generally bears the burden of demonstrating why detention isn’t justified, which is a significantly higher bar than in most other cases.
• Courts weigh several grounds, including whether the accused is likely to attend court, whether they pose a risk to public safety if released, and whether releasing them would undermine public confidence in the justice system given the seriousness of the charge.
• A strong release plan matters. Sureties (individuals who agree to supervise the accused and pledge money to ensure compliance), a detailed release plan, and character evidence can all factor into whether bail is granted.

Because of how difficult and technical murder bail hearings are, many accused individuals remain in custody until trial — but bail is not impossible, and outcomes vary significantly based on the strength of the legal argument presented.

Step 3: First Degree vs. Second Degree Murder

Under Section 231 of the Criminal Code, murder is classified into two categories, and the distinction has enormous consequences for sentencing:

Both classifications carry a mandatory life sentence there is no judicial discretion to impose anything less. The real distinction lies in how long the person must serve before becoming eligible to apply for parole, which is a decision made separately by the Parole Board of Canada and is never automatic.

Step 4: Disclosure and Case Preparation

After a charge is laid, the Crown is required to provide “disclosure” the evidence it intends to rely on to the defence. In a murder case, this often includes:

• Forensic evidence and expert reports
• Witness statements
• Police notes and investigative records
• Surveillance or digital evidence
• Autopsy and pathology reports

Reviewing disclosure thoroughly is one of the most important parts of building a defence. This stage can also reveal potential Charter issues — for example, whether evidence was gathered lawfully, or whether the accused’s rights were respected during the investigation. Where violations are found, a defence lawyer may bring an application to have certain evidence excluded from trial.

Step 5: Preliminary Inquiry (If Applicable)

In some murder cases, a preliminary inquiry may be held before trial. This is a hearing where a judge reviews the Crown’s evidence to determine whether there’s enough to proceed to trial. Not every murder case includes a preliminary inquiry this depends on the specific circumstances and whether it’s requested.

Step 6: Trial

Murder trials in Canada are typically heard by a judge and jury, and they are among the most complex and lengthy criminal proceedings in the system often taking many months, or in complicated cases, years, from charge to verdict.

During a jury trial:

• The jury decides guilt or innocence.
• The judge decides the sentence if there’s a conviction with one notable exception: in second-degree murder cases, the jury can make a recommendation to the judge on the parole ineligibility period, though the final decision remains with the judge.

Possible trial outcomes include:

• Acquittal — found not guilty
• Conviction for murder (first or second degree)
• Conviction for a lesser included offence, such as manslaughter, if the Crown cannot prove the specific intent required for murder

Manslaughter: A Common Alternative Outcome

Manslaughter is a culpable homicide that doesn’t meet the legal definition of murder generally because the intent to kill, or the foresight that death was likely, cannot be proven. Manslaughter is considered a lesser included offence to murder, meaning that even where someone is charged with murder, a manslaughter conviction remains a possible outcome if the evidence doesn’t support the higher charge. Unlike murder, manslaughter doesn’t carry a mandatory life sentence, though the maximum sentence available is still life imprisonment, and outcomes vary widely based on the specific facts of the case.

Sentencing and Parole Eligibility

Because both first- and second-degree murder carry mandatory life sentences, the real focus of sentencing submissions in a murder case is often the parole ineligibility period particularly in second-degree murder cases, where the judge has discretion within the 10-to-25-year range. Factors that can influence this decision include the circumstances of the offence, the accused’s criminal history, and any aggravating or mitigating evidence presented at sentencing.

It’s also worth understanding that parole eligibility isn’t the same as automatic release. Reaching the eligibility date only means the person may apply  the Parole Board of Canada independently decides whether release is appropriate, and many factors are considered before that decision is made.

Why Immediate Legal Representation Matters

Every stage of a murder case — the police interview, the bail hearing, the review of disclosure, pretrial motions, and the trial itself — involves decisions that can significantly affect the final outcome. An experienced criminal defence lawyer can:

• Advise on interactions with police from the earliest possible stage
• Build the strongest possible case for release at the bail hearing
• Scrutinize the Crown’s evidence for weaknesses or Charter violations
• Identify whether the facts support a murder charge or a lesser offence
• Prepare and present a thorough defence at trial
• Advocate for the most favourable outcome at sentencing, where applicable

Given the stakes involved, the earlier a lawyer becomes involved — ideally before any statement is given to police — the more options are typically available.

Talk to a Toronto Homicide Defence Lawyer

If you or a family member is facing a murder charge, or is under investigation for one, in Toronto, the decisions made now matter enormously. Costa Law Firm represents individuals across Toronto and the Greater Toronto Area facing serious criminal charges, including murder and other homicide offences, and can provide immediate guidance on what to expect and how to protect your rights at every stage.

Contact Costa Law Firm today for a confidential consultation.

Frequently Asked Questions

Can you get bail if you’re charged with murder in Toronto?
Yes, it’s legally possible, but significantly more difficult than for other charges. Murder bail hearings take place exclusively in the Superior Court of Justice, and the accused generally bears the burden of showing why detention isn’t justified.

What’s the difference between first and second-degree murder in Ontario?
Both carry a mandatory life sentence, but first-degree murder requires at least 25 years before parole eligibility, while second-degree murder carries a judge-determined parole ineligibility period, generally between 10 and 25 years.

Can a murder charge be reduced to manslaughter?
Yes. Manslaughter is a lesser included offence to murder, meaning that if the Crown cannot prove the specific intent required for murder, a manslaughter conviction remains a possible outcome even where the original charge was murder.

How long does a murder trial take in Toronto?
Murder trials are among the most complex criminal proceedings in Canada and can take many months or even years to reach a verdict, depending on the complexity of the evidence and court scheduling.

Do I need a lawyer immediately after being charged with murder? Yes. Early legal representation can affect statements to police, the bail hearing outcome, and how disclosure and pretrial issues are handled — all of which can significantly shape the direction of the case.