Robert Latimer
Encyclopedia
Robert William "Bob" Latimer (born March 13, 1953), a Canadian
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

 canola
Canola
Canola refers to a cultivar of either Rapeseed or Field Mustard . Its seeds are used to produce edible oil suitable for consumption by humans and livestock. The oil is also suitable for use as biodiesel.Originally, Canola was bred naturally from rapeseed in Canada by Keith Downey and Baldur R...

 and wheat
Wheat
Wheat is a cereal grain, originally from the Levant region of the Near East, but now cultivated worldwide. In 2007 world production of wheat was 607 million tons, making it the third most-produced cereal after maize and rice...

 farmer
Farmer
A farmer is a person engaged in agriculture, who raises living organisms for food or raw materials, generally including livestock husbandry and growing crops, such as produce and grain...

, was convicted of second-degree murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...

 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
Euthanasia refers to the practice of intentionally ending a life in order to relieve pain and suffering....

 as well as the rights of people with disabilities, and led to two Supreme Court
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...

 decisions, R. v. Latimer
R. v. Latimer (1997)
R. v. Latimer [1997] 1 S.C.R. 217, was a decision by the Supreme Court of Canada in the controversial case of Robert Latimer, a Saskatchewan farmer convicted of murdering his disabled daughter Tracy...

(1997), on section 10
Section Ten of the Canadian Charter of Rights and Freedoms
Section Ten of the Canadian Charter of Rights and Freedoms specifies rights upon arrest or detention, including the rights to consult a lawyer and the right to habeas corpus. As a part of a broader range of legal rights guaranteed by the Charter, section 10 rights may be limited by the Oakes test...

 of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...

, and later R. v. Latimer
R. v. Latimer
R. v. Latimer [2001] 1 S.C.R. 3, was a decision by the Supreme Court of Canada in the controversial case of Robert Latimer, a Saskatchewan farmer convicted of murdering his disabled daughter Tracy Latimer. The case had sparked an intense national debate as to the ethics of what was claimed as a...

(2001), on cruel and unusual punishment
Cruel and unusual punishment
Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person...

s under section 12
Section Twelve of the Canadian Charter of Rights and Freedoms
Section Twelve of the Canadian Charter of Rights and Freedoms, as part of the Charter and of the Constitution of Canada, is a legal rights section that protects an individual's freedom from cruel and unusual punishments in Canada. The section has generated some case law, including the essential...

 of the Charter. Latimer was released on day parole in March 2008 and was granted full parole, effective December 6, 2010.

Farm and family

Before his imprisonment, Latimer lived near Wilkie
Wilkie, Saskatchewan
Wilkie is a town in Saskatchewan, Canada located at Section 5, Township 40, Range 19, west of the 3rd Meridian .On February 2, 1907, the first post office was established with the name Glenlogan at Section 4, Township 40, Range 19, west of the 3rd Meridian. The post office changed names on October...

, Saskatchewan
Saskatchewan
Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....

, on a 1280 acres (518 ha) 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
Oxygen is the element with atomic number 8 and represented by the symbol O. Its name derives from the Greek roots ὀξύς and -γενής , because at the time of naming, it was mistakenly thought that all acids required oxygen in their composition...

 during the birth caused cerebral palsy
Cerebral palsy
Cerebral palsy is an umbrella term encompassing a group of non-progressive, non-contagious motor conditions that cause physical disability in human development, chiefly in the various areas of body movement....

, leading to severe mental and physical disabilities including seizures that were controlled with seizure medication. She had little or no voluntary control of her muscles,
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 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
Pulmonary aspiration
Pulmonary aspiration is the entry of material from the oropharynx or gastrointestinal tract into the larynx and lower respiratory tract...

 and aspiration pneumonia
Aspiration pneumonia
Aspiration pneumonia is bronchopneumonia that develops due to the entrance of foreign materials into the bronchial tree, usually oral or gastric contents...

. Robert Latimer reported that the family was not aware of any medication other than Tylenol that could be safely administered to Tracy. Considering it too intrusive, the Latimers did not wish a feeding tube
Feeding tube
A feeding tube is a medical device used to provide nutrition to patients who cannot obtain nutrition by swallowing. The state of being fed by a feeding tube is called gavage, enteral feeding or tube feeding...

 to be inserted, though according to the 2001 Supreme Court judgment it might have allowed more effective pain medication to be administered, as well as improve her nutrition and health.
During her life, Tracy underwent several surgeries, including surgery to lengthen tendon
Tendon
A tendon is a tough band of fibrous connective tissue that usually connects muscle to bone and is capable of withstanding tension. Tendons are similar to ligaments and fasciae as they are all made of collagen except that ligaments join one bone to another bone, and fasciae connect muscles to other...

s and release muscle
Muscle
Muscle is a contractile tissue of animals and is derived from the mesodermal layer of embryonic germ cells. Muscle cells contain contractile filaments that move past each other and change the size of the cell. They are classified as skeletal, cardiac, or smooth muscles. Their function is to...

s, and surgery to correct scoliosis
Scoliosis
Scoliosis is a medical condition in which a person's spine is curved from side to side. Although it is a complex three-dimensional deformity, on an X-ray, viewed from the rear, the spine of an individual with scoliosis may look more like an "S" or a "C" than a straight line...

 in which rods were inserted into her back.

Despite her medical condition, 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 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 only by 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
The term epidural is often short for epidural analgesia, a form of regional analgesia involving injection of drugs through a catheter placed into the epidural space...

 to anesthetize the lower part of the body and help alleviate pain while Tracy was still in hospital.

Tracy's death

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 Robert Latimer maintained that Tracy had died in her sleep; however, when confronted by police with autopsy
Autopsy
An autopsy—also known as a post-mortem examination, necropsy , autopsia cadaverum, or obduction—is a highly specialized surgical procedure that consists of a thorough examination of a corpse to determine the cause and manner of death and to evaluate any disease or injury that may be present...

 evidence that high levels of carbon monoxide
Carbon monoxide
Carbon monoxide , also called carbonous oxide, is a colorless, odorless, and tasteless gas that is slightly lighter than air. It is highly toxic to humans and animals in higher quantities, although it is also produced in normal animal metabolism in low quantities, and is thought to have some normal...

 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 overdose and "shooting her in the head".

Robert 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

The most publicized euthanasia case in Canada occurred after Robert Latimer had killed his disabled 12-year-old daughter Tracy in 1993 by placing her in the family truck and then piping exhaust fumes into it. Evidence showed that Tracy had a severe form of cerebral palsy, and could not walk, talk or feed herself. She had suffered considerable pain; Mr. Latimer told the police that “his priority was to put her out of her pain.”

Mr. 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. However, 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 through jury tampering. In February 1997, the Supreme Court of Canada ordered a new trial for Mr. Latimer because of the allegations of jury tampering.

After a new trial, Mr. Latimer was again found guilty of second-degree murder in late 1997. At the sentencing hearing, Mr. Latimer’s lawyer argued that he should be given a “constitutional exemption,” or that the judge should find the mandatory minimum sentence of 10 years to be “cruel and unusual punishment” in the circumstances, and therefore a violation of Mr. Latimer’s rights under the Canadian Charter of Rights and Freedoms. On 1 December 1997, in a decision that surprised most legal commentators, the sentencing judge found that a 10-year sentence would indeed be “grossly disproportionate” to the offence. He sentenced Mr. Latimer to two years less a day, half of which would be served in a provincial jail and half on his farm. In 2001, the Supreme Court of Canada ruled that Mr. Latimer's crime could not be justified through the defence of necessity, and found that, despite the special circumstances of the case, the lengthy prison sentence given to Mr. Latimer was not cruel and unusual
Cruel and unusual punishment
Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person...

, and therefore not a breach of section 12
Section Twelve of the Canadian Charter of Rights and Freedoms
Section Twelve of the Canadian Charter of Rights and Freedoms, as part of the Charter and of the Constitution of Canada, is a legal rights section that protects an individual's freedom from cruel and unusual punishments in Canada. The section has generated some case law, including the essential...

 of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...

. The Court also ruled that Mr. Latimer was not denied rights to jury nullification
Jury nullification
Jury nullification occurs in a trial when a jury reaches a verdict contrary to the judge's instructions as to the law.A jury verdict contrary to the letter of the law pertains only to the particular case before it; however, if a pattern of acquittals develops in response to repeated attempts to...

, as no such rights exist, and his prison sentence was thus upheld.

Prison

Robert Latimer began serving his sentence on January 18, 2001 and was incarcerated at William Head Institution, a minimum-security facility located 30 kilometers west of Victoria
Victoria, British Columbia
Victoria is the capital city of British Columbia, Canada and is located on the southern tip of Vancouver Island off Canada's Pacific coast. The city has a population of about 78,000 within the metropolitan area of Greater Victoria, which has a population of 360,063, the 15th most populous Canadian...

, BC
British Columbia
British Columbia is the westernmost of Canada's provinces and is known for its natural beauty, as reflected in its Latin motto, Splendor sine occasu . Its name was chosen by Queen Victoria in 1858...

, on Vancouver Island
Vancouver Island
Vancouver Island is a large island in British Columbia, Canada. It is one of several North American locations named after George Vancouver, the British Royal Navy officer who explored the Pacific Northwest coast of North America between 1791 and 1794...

. While in prison, he completed the first year of carpentry and electrician apprenticeships. He continued to run the farm with the help of a manager.

Parole

On December 5, 2007 Robert Latimer requested day parole from the National Parole Board in Victoria, BC. 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. 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 subsequently moved to Victoria, where he was required to live in a half-way house five days a week and an apartment two days a week. In July 2010 the National Parole Board denied his request be allowed to leave the halfway house for five days a week. On appeal to the Federal Court of Canada in August 2010 the board was ordered by Madam Justice Mactavish to review its decision. The National Parole Board was also directed by the Judge to apply the least restrictive conditions consistent with society's protection. Latimer is consistently assessed as having a low risk of re-offending. Latimer is eligible for full day parole in December 2010.

On November 29, 2010, Robert Latimer was granted full parole. The loosening of Latimer's parole restrictions took effect on December 6, 2010.

Support for Latimer

A 1999 poll
Opinion poll
An opinion poll, sometimes simply referred to as a poll is a survey of public opinion from a particular sample. Opinion polls are usually designed to represent the opinions of a population by conducting a series of questions and then extrapolating generalities in ratio or within confidence...

 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 should be legal. Ethicist Arthur Schafer
Arthur Schafer
Professor Arthur Schafer is a Canadian ethicist specializing in bioethics, philosophy of law, social philosophy and political philosophy. He is Director of the Centre for Professional and Applied Ethics, at the University of Manitoba....

 argued that Robert 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 their introductory college coursebook, "The Elements of Moral Philosophy", James Rachels
James Rachels
James Rachels was an American philosopher who specialized in ethics.-Biography:Rachels was born in Columbus, Georgia, and graduated from Mercer University in 1962. He received his Ph.D. in 1967 from the University of North Carolina, Chapel Hill, studying under Professors W. D. Falk and E. M. Adams...

 and Stuart Rachels
Stuart Rachels
Stuart Rachels is an International Master of chess and the son of the philosopher James Rachels . He tied for first place in the 1989-90 U.S. Chess Championship. Although no longer an active player, his FIDE rating is 2485, and his USCF rating is 2605.Rachels grew up in Birmingham, Alabama. He...

 present Robert 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 severely disabled child like Tracy is no different than 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 church and the Evangelical Fellowship of Canada
Evangelical Fellowship of Canada
The Evangelical Fellowship of Canada is a national parachurch association of over . All affiliated groups identify themselves as part of the evangelical movement in Canada....

 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
Maclean's is a Canadian weekly news magazine, reporting on Canadian issues such as politics, pop culture, and current events.-History:Founded in 1905 by Toronto journalist/entrepreneur Lt.-Col. John Bayne Maclean, a 43-year-old trade magazine publisher who purchased an advertising agency's in-house...

columnist Andrew Coyne
Andrew Coyne
James Andrew Coyne is the national editor for Maclean's, a weekly national newsmagazine in Canada. Previously, he was a columnist with the National Post and an editor-in-chief of the University of Manitoba's newspaper, The Manitoban.-Background:Coyne was born in Ottawa, Ontario, the son of Hope...

 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 music

In the song "Latimer's Mercy" from the album Scream
Scream (Ozzy Osbourne album)
-Tour Edition CD2:-Personnel:Musicians*Ozzy Osbourne – vocals, production*Gus G – guitars*Rob "Blasko" Nicholson – bass*Tommy Clufetos – drums, percussion*Adam Wakeman – keyboardsAdditional personnel*Kevin Churko – production, engineering, mixing...

, Ozzy Osbourne
Ozzy Osbourne
John Michael "Ozzy" Osbourne is an English vocalist, whose musical career has spanned over 40 years. Osbourne rose to prominence as lead singer of the pioneering English heavy metal band Black Sabbath, whose radically different, intentionally dark, harder sound helped spawn the heavy metal...

deals with the Latimer case.

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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