Wilkie, Sask. farmer Robert Latimer will get a new trial on the charge that he killed his disabled daughter Tracy in late 1993.
His earlier conviction on a second degree murder charge last week was overturned by the Supreme Court of Canada because the crown attorney and police had privately polled potential jurors about their views on issues such as mercy killing. It was considered inappropriate jury tampering.
The Saskatchewan justice department says it will try him for second degree murder.
Latimer’s lawyer Mark Brayford argued before the court that Latimer’s confession should be thrown out and he should be acquitted because the police did not act properly. The Supreme Court judges rejected the argument and left it to the judge at the next trial to decide if the confession was legally obtained.
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Latimer was convicted after his daughter was found dead on the farm, a victim of carbon monoxide poisoning. She suffered from cerebral palsy.
Latimer confessed to killing his daughter to end her suffering. Although convicted he has been free on bail while his case is appealed.
Parliament has received petitions containing the names of close to 20,000 Canadians asking that Latimer be pardoned because he killed his 12-year-old daughter out of love.
Advocates for the disabled have argued that the conviction and jail sentence should stand.
