Robert William Latimer (born March 13, 1953) is a
Canadian
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of ...
canola
Close-up of canola blooms
Canola flower
Rapeseed oil is one of the oldest known vegetable oils. There are both edible and industrial forms produced from rapeseed, the seed of several cultivars of the plant family Brassicaceae. Historically, i ...
and
wheat
Wheat is a grass widely cultivated for its seed, a cereal grain that is a worldwide staple food. The many species of wheat together make up the genus ''Triticum'' ; the most widely grown is common wheat (''T. aestivum''). The archaeologi ...
farmer
A farmer is a person engaged in agriculture, raising living organisms for food or raw materials. The term usually applies to people who do some combination of raising field crops, orchards, vineyards, poultry, or other livestock. A farmer mig ...
who was convicted of second-degree
murder
Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person wit ...
in the death of his daughter Tracy (November 23, 1980 – October 24, 1993). This case sparked a national controversy on the definition and ethics of
euthanasia
Euthanasia (from el, εὐθανασία 'good death': εὖ, ''eu'' 'well, good' + θάνατος, ''thanatos'' 'death') is the practice of intentionally ending life to eliminate pain and suffering.
Different countries have different eut ...
as well as the rights of people with disabilities, and led to two
Supreme Court
A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
decisions, ''
R. v. Latimer'' (1997), on
section 10 of the
Canadian Charter of Rights and Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part o ...
, and later ''
R. v. Latimer'' (2001), on
cruel and unusual punishment
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisd ...
s under
section 12 of the Charter. Latimer was released on
day parole Day parole is a form of release under Canadian law that permits prisoner participation in public activities during the day, and requires they return to their prison or halfway house nightly. The Parole Board of Canada may waive this requirement, or ...
in March 2008 and was granted full parole in December 2010.
Farm and family
Before his imprisonment, Latimer lived near
Wilkie,
Saskatchewan
Saskatchewan ( ; ) is a Provinces and territories of Canada, province in Western Canada, western Canada, bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, to the northeast by Nunavut, and on t ...
, on a wheat and canola farm
with his wife, Laura, and their four children.
Tracy Latimer
Tracy Latimer was born November 23, 1980. An interruption in Tracy's supply of
oxygen
Oxygen is the chemical element with the symbol O and atomic number 8. It is a member of the chalcogen group in the periodic table, a highly reactive nonmetal, and an oxidizing agent that readily forms oxides with most elements as wel ...
during the birth caused
cerebral palsy
Cerebral palsy (CP) is a group of movement disorders that appear in early childhood. Signs and symptoms vary among people and over time, but include poor coordination, stiff muscles, weak muscles, and tremors. There may be problems with sensa ...
, leading to severe mental and physical disabilities including violent seizures which were controlled with seizure medication.
She had little or no voluntary control of her muscles, wore diapers,
and could not walk or talk. Her doctors described the care given by her family as excellent.
[
The Supreme Court judgment of 1997 noted, "It is undisputed that Tracy was in constant pain."][ In her medical testimony Dr. Dzus, Tracy's orthopaedic surgeon, noted "the biggest thing I remember from that visit is how painful Tracy was. Her mother was holding her right leg in a fixed, flexed position with her knee in the air and any time you tried to move that leg Tracy expressed pain and cried out".] She also noted that despite having a hip that had been dislocated
A joint dislocation, also called luxation, occurs when there is an abnormal separation in the joint, where two or more bones meet.Dislocations. Lucile Packard Children’s Hospital at Stanford. Retrieved 3 March 2013 A partial dislocation is refer ...
for many months Tracy could not take painkillers because she was on anti-seizure medication which, in combination with painkillers, could lead to renewed seizures, stomach bleeding, constipation, aspiration and aspiration pneumonia
Aspiration pneumonia is a type of lung infection that is due to a relatively large amount of material from the stomach or mouth entering the lungs. Signs and symptoms often include fever and cough of relatively rapid onset. Complications may inclu ...
.[Examination-in-chief of Dr Anne K. Dzus, Latimer v. Her Majesty the Queen, Appellant's Record Book, File # 26980] Robert Latimer reported that the family was not aware of any medication other than Tylenol Tylenol may refer to:
* Paracetamol (acetaminophen), a medication used to treat pain and fever
* Tylenol (brand)
Tylenol () is a brand of medication, advertised for reducing pain, reducing fever, and relieving the symptoms of allergies, cold, ...
that could be safely administered to Tracy.
Considering it too intrusive, the Latimers did not wish a feeding tube
Eating (also known as consuming) is the ingestion of food, typically to provide a heterotrophic organism with energy and to allow for growth. Animals and other heterotrophs must eat in order to survive — carnivores eat other animals, her ...
to be inserted, though according to the 2001 Supreme Court judgment, it might have allowed more effective pain medication to be administered and it might have improved her nutrition and health. During her life, Tracy underwent several surgeries, including surgery to lengthen tendon
A tendon or sinew is a tough, high-tensile-strength band of dense fibrous connective tissue that connects muscle to bone. It is able to transmit the mechanical forces of muscle contraction to the skeletal system without sacrificing its ability ...
s and release muscle
Skeletal muscles (commonly referred to as muscles) are organs of the vertebrate muscular system and typically are attached by tendons to bones of a skeleton. The muscle cells of skeletal muscles are much longer than in the other types of muscl ...
s, and surgery to correct scoliosis
Scoliosis is a condition in which a person's spine has a sideways curve. The curve is usually "S"- or "C"-shaped over three dimensions. In some, the degree of curve is stable, while in others, it increases over time. Mild scoliosis does not t ...
in which rods were inserted into her back.[
Tracy attended school regularly in Wilkie. People who worked with Tracy in group homes and schools described her smile, love of music and reaction to horses at the circus.][ According to the Crown prosecutors' brief presented at the second trial, "She also responded to visits by her family, smiling and looking happy to see them. There is no dispute that through her life, Tracy at times suffered considerable pain. As well, the quality of her life was limited by her severe disability. But the pain she suffered was not unremitting, and her life had value and quality."
][
]
In October 1993, Dr. Dzus recommended and scheduled further surgery on November 19, 1993, in the hope that it would lessen the constant pain in Tracy's dislocated hip. Depending on the state of her hip joint, the procedure might have been a hip reconstruction or it might have involved removing the upper part of her thigh bone, leaving the leg connected to her body by only muscles and nerves.[ The anticipated recovery period for this surgery was one year. The Latimers were told that this procedure would cause pain, and the doctors involved suggested that further surgery would be required in the future to relieve the pain emanating from various joints in Tracy's body."][ Dr. Dzus reported that "the post operative pain can be incredible",][ and described the only useful short-term solution being the use of an ]epidural
Epidural administration (from Ancient Greek ἐπί, , upon" + ''dura mater'') is a method of medication administration in which a medicine is injected into the epidural space around the spinal cord. The epidural route is used by physicians and ...
to anesthetize the lower part of the body and help alleviate pain while Tracy was still in the hospital.[
]
Tracy's murder
On October 24, 1993, Laura Latimer found Tracy dead. She had died under the care of her father while the rest of the family was at church. At first, Latimer stated that Tracy had died in her sleep. When confronted by police with autopsy
An autopsy (post-mortem examination, obduction, necropsy, or autopsia cadaverum) is a surgical procedure that consists of a thorough examination of a corpse by dissection to determine the cause, mode, and manner of death or to evaluate any di ...
evidence that high levels of carbon monoxide
Carbon monoxide (chemical formula CO) is a colorless, poisonous, odorless, tasteless, flammable gas that is slightly less dense than air. Carbon monoxide consists of one carbon atom and one oxygen atom connected by a triple bond. It is the simple ...
were found in Tracy's blood, Latimer confessed that he had killed her by placing her in his truck and connecting a hose from the truck's exhaust pipe to the cab. He said he had also considered other methods of killing Tracy, including Valium
Diazepam, first marketed as Valium, is a medicine of the benzodiazepine family that acts as an anxiolytic. It is commonly used to treat a range of conditions, including anxiety, seizures, alcohol withdrawal syndrome, muscle spasms, insomnia, a ...
overdose and "shooting her in the head".[
Latimer said his actions were motivated by love for Tracy and a desire to end her pain.] He described the medical treatments Tracy had undergone and was scheduled to undergo as "mutilation and torture". "With the combination of a feeding tube, rods in her back, the leg cut and flopping around and bedsores, how can people say she was a happy little girl?" Latimer asked.[
]
Murder trials and appeals
Latimer was charged with first-degree murder, convicted of second-degree murder by a jury, and sentenced to life imprisonment with no possibility of parole for 10 years. He subsequently lost an appeal to the Saskatchewan Court of Appeal. In February 1996, the Supreme Court of Canada agreed to hear a further appeal; and in June 1996, the original Crown prosecutor was charged with attempting to obstruct justice
Obstruction of justice, in United States jurisdictions, is an act that involves unduly influencing, impeding, or otherwise interfering with the justice system, especially the legal and procedural tasks of prosecutors, investigators, or other gov ...
through jury tampering. In February 1997, the Supreme Court of Canada ordered a new trial for Latimer because of the allegations of jury tampering; it began on 22 October 1997. Latimer was convicted of second-degree murder. The second trial judge had found that a 10-year sentence granted Latimer a constitutional exemption from the mandatory minimum sentence, sentencing Latimer to one year in prison followed by a year of probation, but the original conviction was upheld by the Saskatchewan Court of Appeal and the Supreme Court of Canada.
In 2001, the Supreme Court of Canada ruled that Latimer's crime could not be justified through the defence of necessity
In tort common law, the defense of necessity gives the state or an individual a privilege to take or use the property of another. A defendant typically invokes the defense of necessity only against the intentional torts of trespass to chattels, tr ...
, and found that, despite the special circumstances of the case, the lengthy prison sentence given to Latimer was not cruel and unusual, and therefore not a breach of section 12 of the Canadian Charter of Rights and Freedoms
The ''Canadian Charter of Rights and Freedoms'' (french: Charte canadienne des droits et libertés), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part o ...
. The Court also ruled that Latimer was not denied rights to jury nullification
Jury nullification (US/UK), jury equity (UK), or a perverse verdict (UK) occurs when the jury in a criminal trial gives a not guilty verdict despite a defendant having clearly broken the law. The jury's reasons may include the belief that the ...
, as no such rights exist, and his prison sentence was thus upheld.
Imprisonment and parole
Latimer began serving his sentence on January 18, 2001, and was incarcerated at William Head Institution
William Head Institution is a Canadian minimum-security federal correctional institution for men located in Metchosin, British Columbia, about southwest of Victoria on the southernmost tip of Vancouver Island. The Institution opened in 1959 and ...
, a minimum-security facility located 30 kilometres west of Victoria
Victoria most commonly refers to:
* Victoria (Australia), a state of the Commonwealth of Australia
* Victoria, British Columbia, provincial capital of British Columbia, Canada
* Victoria (mythology), Roman goddess of Victory
* Victoria, Seychelle ...
, British Columbia
British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, ...
, on Vancouver Island
Vancouver Island is an island in the northeastern Pacific Ocean and part of the Canadian Provinces and territories of Canada, province of British Columbia. The island is in length, in width at its widest point, and in total area, while are o ...
. While in prison, he completed the first year of carpentry and electrician apprenticeships. He continued to run his family's farm with the help of a manager.[
On December 5, 2007, Latimer requested ]day parole Day parole is a form of release under Canadian law that permits prisoner participation in public activities during the day, and requires they return to their prison or halfway house nightly. The Parole Board of Canada may waive this requirement, or ...
from the National Parole Board
The Parole Board of Canada (french: Commission des libérations conditionnelles du Canada; formerly known as the National Parole Board) is the Canadian government agency that is responsible for reviewing and issuing parole and criminal pardons in ...
in Victoria. He told the parole board that he believed killing his daughter was the right thing to do. The board denied his request, saying that Latimer had not developed sufficient insight into his actions, despite psychological and parole reports that said he was a low risk to reoffend unless he was put into the same situation again.[globeandmail.com: Latimer denied early prison release, by Justine Hunter](_blank)
/ref> In January 2008, lawyer Jason Gratl filed the appeal on Latimer's behalf, arguing that in denying parole, the board had violated its own rules by requiring admission of wrongdoing and by ignoring the low risk for reoffending. In February 2008, a review board overturned the earlier parole board decision, and granted Latimer day parole stating that there was low risk that Latimer would re-offend. Latimer was released from William Head Prison and began his day parole in Ottawa in March. On his release he stated that he planned to press for a new trial and for identification of the pain medication that the 2001 Supreme Court ruling suggested he could have used instead of killing his daughter.
He later moved to Victoria, where he was required to live in a half-way house five days a week and could live in his own apartment two days a week.[ He has been seeking looser parole conditions since August 2009. In July 2010, the National Parole Board denied his request to be allowed to leave the halfway house for five days a week.][ In August 2010, an appeal was made to the Federal Court of Canada. Justice Mactavish ordered the board to reassess Latimer's application. The National Parole Board was also directed by the Judge to apply the least restrictive conditions consistent with society's protection. Latimer was assessed to have a low risk of re-offending.] In September 2010, the parole board ruled he could be away from his Victoria halfway house for five days a week, but had to check in on the other two days. On November 29, 2010, Latimer was granted full parole and this decision took effect on December 6, 2010.[
]
Public debate
Support for Latimer
A 1999 poll
Poll, polled, or polling may refer to:
Figurative head counts
* Poll, a formal election
** Election verification exit poll, a survey taken to verify election counts
** Polling, voting to make decisions or determine opinions
** Polling places o ...
found that 73% of Canadians believed that Latimer acted out of compassion and should receive a more lenient sentence. The same poll found that 41% believe that mercy killing
Euthanasia (from el, εὐθανασία 'good death': εὖ, ''eu'' 'well, good' + θάνατος, ''thanatos'' 'death') is the practice of intentionally ending life to eliminate pain and suffering.
Different countries have different eutha ...
should be legal. Ethicist Arthur Schafer argued that Latimer was "the only person in Canadian history to spend even a single day in prison for a mercy killing" and that compassion and common sense dictated a reduced sentence and the granting of parole.
In the introductory college coursebook, ''The Elements of Moral Philosophy'', James Rachels
James Webster Rachels (May 30, 1941 – September 5, 2003) was an American philosopher who specialized in ethics and animal rights.
Biography
Rachels was born in Columbus, Georgia, and graduated from Mercer University in 1962. He received his Ph ...
and Stuart Rachels
Stuart Rachels (born September 26, 1969) is an American philosopher and International Master of chess. He is the son of the philosopher James Rachels (1941–2003). He tied for first place in the 1989–90 U.S. Chess Championship. Although he is n ...
present Latimer's actions sympathetically.
Support for Latimer's conviction and sentence
Numerous disability rights groups obtained intervenor status in the Latimer's appeal to the Supreme Court of Canada, arguing that killing a disabled child like Tracy is no different from killing a non-disabled child and should carry the same penalty. To do otherwise, they argued, would devalue the lives of disabled people and increase the risk of more such killings by their caregivers.
Religious groups representing the Roman Catholic
Roman or Romans most often refers to:
*Rome, the capital city of Italy
*Ancient Rome, Roman civilization from 8th century BC to 5th century AD
*Roman people, the people of ancient Rome
*'' Epistle to the Romans'', shortened to ''Romans'', a lette ...
church and the Evangelical Fellowship of Canada
The Evangelical Fellowship of Canada (EFC; french: Alliance évangélique du Canada) is a national evangelical alliance, member of the World Evangelical Alliance. Its affiliates comprise 43 evangelical Christian denominations, 66 Christian org ...
also appeared as intervenors in Latimer's Supreme Court appeal.
Latimer's 2007 application for day-parole was rejected primarily because he still denied any wrongdoing. ''Maclean's
''Maclean's'', founded in 1905, is a Canadian news magazine reporting on Canadian issues such as politics, pop culture, and current events. Its founder, publisher John Bayne Maclean, established the magazine to provide a uniquely Canadian perspe ...
'' columnist Andrew Coyne
James Andrew Coyne (born December 23, 1960) is a Canadian columnist with ''The Globe and Mail'' and a member of the ''At Issue'' panel on CBC's '' The National''. Previously, he has been national editor for ''Maclean's'' and a columnist with ''Na ...
argued that the National Parole Board was right to expect remorse on Latimer's part, because to do otherwise might inspire others to similar actions.
In popular culture
In the song "Latimer's Mercy" from his album ''Scream'', Ozzy Osbourne
John Michael "Ozzy" Osbourne (born 3 December 1948) is an English singer, songwriter, and television personality. He rose to prominence during the 1970s as the lead vocalist of the heavy metal band Black Sabbath, during which period he adop ...
references the Latimer case.
References
External links
In depth: Robert Latimer
RobertLatimer.net
Council of Canadians with Disabilities - Latimer
*
{{DEFAULTSORT:Latimer, Robert
1953 births
Canadian farmers
Canadian people convicted of murder
Euthanasia in Canada
Filicides in Canada
Incidents of violence against girls
Living people
People convicted of murder by Canada
People from Rural Municipality Buffalo No. 409, Saskatchewan