Канадский фермер и убийство дочери: Дело Роберта Латимера

Canadian farmer and convicted murderer

Robert William Latimer (born March 13, 1953) is a Canadian canola and wheat farmer who was convicted of second degree murder in the death of his daughter Tracy Lynn Latimer (born November 23, 1980 – October 24, 1993). This case caused a national controversy concerning the definition and ethics of euthanasia as well as the rights of people with disabilities, and resulted in two Supreme Court decisions, R. v. Latimer (1997), on section 10 of the Canadian Charter of Rights and Freedoms, and later R. v. Latimer (2001), concerning cruel and unusual punishments with reference to section 12 of the Charter. Latimer was released on day parole in March 2008 and was granted full parole in December 2010.

Before his imprisonment, Latimer lived near Wilkie, Saskatchewan, on a 1280 acre (520 ha) wheat and canola farm with his wife, Laura, and their four children.

Tracy Lynn Latimer was born November 23, 1980. An interruption in Tracy's supply of oxygen during the childbirth caused severe cerebral palsy, resulting in severe intellectual and physical disabilities, including violent seizures which were controlled with seizure medication. She had little or no voluntary control of her muscles, wore incontinence pants,
and could not walk or talk. Her doctors described the care given by her family as excellent. 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 and aspiration pneumonia. 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 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 had several surgeries, including surgery to lengthen tendons and release muscles, and surgery to correct scoliosis in which rods were inserted into her back. People who worked with Tracy in group homes and schools described her smile, love of music and reaction to horses at the circus. 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. He described the medical treatments Tracy had had and was scheduled to have 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.

Latimer was charged with first degree murder, convicted of second degree murder by a jury, and sentenced to life imprisonment without possibility of parole for 10 years. 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 work 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 relocated 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. 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.

A 1999 poll 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 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 and Stuart Rachels present Latimer's actions sympathetically.

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 church and the Evangelical Fellowship of 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 columnist Andrew Coyne 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 the song "Latimer's Mercy" from his album Scream, Ozzy Osbourne references the Latimer case. First presented as a radio play on CBC in 1996, and then adapted and produced on stage by the Great Canadian Theatre Company in 2005, Mourning Dove by playwright Emil Sher explores the quandary that Robert Latimer faced as a father. Premiering at Stage Left's Balancing Acts Disability Arts Festival in 2003, Mercy Killing or Murder: The Tracy Latimer Story, a community collaboration by Michele Decottignies and company, presents a multimedia, Epic Theatre approach to the subject that centres the experiences of Tracy Latimer and people with disabilities.