- Born with cerebral palsy
- Went through numerous painful surgeries and procedures
- Couldn't take pain killers because of risks of internal bleeding
- Had seizures 5/6 times a day
- Doctors stated that she went through pain 24/7
Issue
Should courts abide by the letter or the spirit of the law?
Would a decision favourable to Latimer legalize euthanasia, mercy killing?
Would it put the disabled in danger?
Would it mean the end of mandatory minimum sentences for convicted persons?
R. V. Latimer (1994)
1st Court Ruling
R.v. Latimer (1995), 99 C.C.C. (3d) 481 (Sask. C.A.) (per Bayda C.J.S., Tallis and Sherstobitoff JJ.A.)
- Convicted of 2nd degree murder, life imprisonment with eligability of parole after 10 years.
- He appealed & applied for an order exempting him from the mandatory sentence on account of cruel & unusual punishment in violation of the Canadian Charter of Rights and Freedoms (section 12) *lengthy prison sentence.
- Court of appeal dismissed the order of exemption.
- Latimer requested an appeal to the Supreme Court of Canada on procedural grounds.
Robert Latimer
Murder Facts
Supreme Court Canada Ruling
R. v. Latimer (1997) 4 C.R.(5th) 1 (S.C.C.)
Significance
Personal Opinions on the Case
- We Agree with the final verdict.
- We believe compassion cannot justify murder in the eyes of law, though morally we believe it was reasonable (neither completely right or wrong).
- We also think that if Latimer was let off with the exemption, it would set the wrong kind of precedent for future criminal cases.
- Convicted with 2nd degree murder for the death of his daughter (Tracy Latimer) who had cerebral palsy.
- Motivated by his love and desire to end Tracy's constant pain.
- Sparked controversy on ethics of euthanasia and disability rights.
- Known as a "Hard Case" because it doesn't fit comfortably in Canada's legal structure.
- The case sparked national controversy on the definition and ethics of euthanasia and the rights of people with disabilities.
- Jury nullification was a substantial issue in this case and made legislatures question whether the principle was being abused or used too lightly.
- Tracy Died October 24, 1993.
- Robert Latimer Stated to officials That Tracy had died in her sleep.
- Autopsy showed a high concentration of carbon monoxide in her blood stream.
- Became a homicide investigation.
- Latimer later pleaded gulity to the death of his daughter.
- Charged with first degree murder.
- SCC ordered a new trial
- Latimer was convicted of second degree murder once again, but was only sentenced to one year with in-eligability to parole
- Appeal was later dismissed on terms of there was no factual foundation for the necessity defense as Latimer's life was not in peril.
- Latimer was again sentenced to the original verdict (life imprisonment with eligability of parole after 10 years.)
Occurs in a trial, when the jury feels the law shouldn't be applied to a certain case.
A Justification for breaking the law.
Case citation
Tracy Latimer
- "ethics, euthanasia & Canadian law." Ethics, Euthanasia & Canadian Law. N.p., n.d. Web. 6 Oct. 2014. <http://ethics-euthanasia.ca/case-study-robert-latimer/>.
- "Morality." Morality. N.p., n.d. Web. 6 Oct. 2014. <http://www.skeptic.ca/Robert_Latimer.htm>.
- News, CBC. "'Compassionate homicide': The law and Robert Latimer." CBCnews. CBC/Radio Canada, 6 Dec. 2010. Web. 6 Oct. 2014. <http://www.cbc.ca/news/canada/compassionate-homicide-the-law-and-robert-latimer-1.972561>.
- "Robert Latimer Murdered His Daughter." Council of Canadians with Disabilities / Conseil des Canadiens avec deficiences. N.p., n.d. Web. 6 Oct. 2014. <http://www.ccdonline.ca/en/humanrights/e
- "The Robert Latimer Website." The Robert Latimer Website. N.p., n.d. Web. 6 Oct. 2014. <http://www.robertlatimer.net/professors_and_