A few columns ago, I talked about famous Canadian courtroom matters – big trials that garnered attention. The Robert Latimer case evoked strong feelings from people with varying viewpoints.
Latimer obtained full parole at the end of November 2010, which brought his name back into the news.
The Latimers farmed near Wilkie, Sask., where they were respected and liked within their community by all accounts. One of their children was born with cerebral palsy and she suffered significantly as a result.
She had already undergone painful treatment and numerous surgeries, and the family could do little but watch her suffer. Even the Supreme Court of Canada agreed it could not be disputed that she “was in constant pain”.
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In the fall of 1993, Latimer ended her life by placing a hose from his truck’s exhaust into the cab while the family was at church. He indicated to police that he could not watch her suffer any longer.
Latimer was charged with murder. Almost immediately, groups formed supporting and reviling him. The first trial ended in the fall of 1994 with his conviction for second degree murder but that was reversed by the Supreme Court.
It was disclosed that the prosecution and police had questioned jurors about their views on abortion, religion and mercy killing, tainting the first trial and resulting in an order for a retrial. It was seen as unfair to the defence, so a new trial began and concluded in the fall of 1997.
That second trial was also not without drama and controversy. A new jury again found Latimer guilty of second-degree murder but made a recommendation that Latimer be eligible for parole after one year.
At that time, the minimum sentence was life imprisonment, with no parole eligibility for at least 10 years. The trial judge said Latimer was not evil or motivated by anything other than compassion, so he sentenced him to two years, one in jail and one under house arrest.
Not surprisingly, the crown appealed and won in the Saskatchewan Court of Appeal. The defence appealed to the Supreme Court but lost, and Latimer was sentenced to life with no parole for 10 years.
Ten years later, Latimer was denied parole because he refused to admit what he did was wrong. An appeal succeeded, and he received day parole until getting full parole this fall.
This case is notable for what went on in the courtroom, as several precedents and challenges were established. However, the case is also noteworthy for what went on outside the courtrooms of the nation.
The Latimer case was an example of the legal phrase: hard cases make bad law. The man was not evil and believed he was doing the most compassionate thing for his daughter but was he right or did he have the right and power to end his daughter’s life?
The courts of Canada held he must be accountable legally for his actions. If I was in his situation, I would hope I had the courage to act in accordance with my own convictions, and the courage to take the consequences.
Rick Danyliuk is a lawyer with McDougall Gauley LLP in Saskatoon.
