R. v. Latimer
[2001] 1 S.C.R.3
Introduction
The extraordinary history of the case of
R. v. Latimer
has been well
documented in both the courts and the press. Throughout the trial,
questions arose about several important issues, including the
competence of the judge, the use of the defence of necessity, jury
nullification, i.e., the right of the jury to refuse to impose the law,
and whether, under the circumstances, the sentence imposed could be
considered "cruel and unusual punishment." Could the case of young
Tracy Latimer set a dangerous precedent that would endanger the
rights, and lives, of all disabled people?
Facts
Tracy Latimer was a 12-year-old girl afflicted from birth with a severe form of cerebral
palsy. Quadriplegic and bedridden most of the time, Tracy had the mental capacity of a 4-
monthold baby and could communicate only through facial expressions, laughing, and crying.
She was dependent on others for all her needs. It was thought that Tracy constantly
experienced a lot of pain and she suffered five or six seizures daily. Doctors suggested that
Tracy have a feeding tube inserted into her stomach since it was likely to provide her with
more nutrients, leading to less weight loss, and possibly the administration of more effective
pain medication. Her parents, however, chose to spoon-feed her, believing that the tube would
be the first step toward artificially prolonging her life, which they rejected.
Despite her profound disabilities, Tracy appeared to enjoy music, being with her family,
and going to the circus. She was able to listen to the radio, which she could activate by push-
ing a special button. She also loved to be rocked by her parents.
Tracy had undergone painful surgeries on her muscles and spine and, when she suffered a
dislocated hip, doctors scheduled more surgery that would have removed a piece of her thigh
bone and left the upper and lower portions of her leg connected only by muscle and other soft
tissue. A recovery period of one year was expected. More surgery would be needed from time
to time to deal with the pain Tracy suffered in her other joints. At about this time, Robert
Latimer concluded that his daughter's life was not worth living and, one Sunday, while the rest
of the family was at church, he ended Tracy's life by placing her in his truck and running a
hose from the exhaust pipe into the cab of the vehicle. At first, Mr. Latimer told the police
that Tracy had passed away in her sleep; he later confessed to having killed her to end her
life of pain.
Robert Latimer was tried for first-degree murder, but the jury found him guilty of
second-degree murder. The judge sentenced him to the mandatory minimum sentence provided
by the
Criminal Code:
life in prison with no eligibility for parole for 10 years. However, on
appeal, it was held that interference in the jury selection process by the Crown had resulted
in an unfair trial, and a new one was ordered.
After a second jury trial, Mr. Latimer was once again found guilty of second-degree mur-
der. However, the presiding judge granted him a constitutional exemption from the
Criminal
Codes
minimum penalty provisions and sentenced him to one year in prison, to be served at his
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