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Weekend Reads Robert Latimer, convicted of killing his disabled daughter, applies for pardon

09:27  12 july  2018
09:27  12 july  2018 Source:   cbc.ca

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Robert Latimer was a Saskatchewan farmer who had a daughter with a form of cerebral palsy. One day he took her to his pickup truck In 2007 he applied for parole and was dismissed because the National Parole Board did not feel that he had developed sufficient insight into his actions (he outright

Latimer killed his severely disabled 12-year-old daughter , Tracy, in 1993 by piping exhaust fumes into the cab of his truck. In an application filed on Wednesday, Latimer 's lawyer claims the circumstances of his client's 1997 conviction amount to the kind of miscarriage of justice that

a man wearing a suit and tie: Robert Latimer is applying to Prime Minister Justin Trudeau and Justice Minister Jody Wilson-Raybould for a pardon or ministerial review of his 1997 conviction for the second-degree murder of his daughter.© (Geoff Howe/Canadian Press) Robert Latimer is applying to Prime Minister Justin Trudeau and Justice Minister Jody Wilson-Raybould for a pardon or ministerial review of his 1997 conviction for the second-degree murder of his daughter.

Robert Latimer is applying to Prime Minister Justin Trudeau and Justice Minister Jody Wilson-Raybould for either a pardon or a new trial for the killing of his daughter in 1993.

Latimer killed his severely disabled 12-year-old daughter, Tracy, in 1993 by piping exhaust fumes into the cab of his truck.

In an application filed on Wednesday, Latimer's lawyer claims the circumstances of his client's 1997 conviction amount to the kind of miscarriage of justice that deserves a rare ministerial review.

New trial or pardon sought in Latimer case

  New trial or pardon sought in Latimer case WILKIE, Sask. - A Saskatchewan farmer who was convicted of killing his severely disabled daughter nearly 25 years ago is applying for either a new trial or a pardon. Robert Latimer's Vancouver lawyer, Jason Gratl, has filed an application with Prime Minister Justin Trudeau and federal Justice Minister Jody Wilson-Raybould, asking them to consider both options. Gratl cites a miscarriage of justice in his client's case, stating that although Latimer no longer faces restrictive parole conditions, his life sentence means he lives under the permanent threat of having his parole revoked.

Robert Latimer was a Saskatchewan farmer who had a daughter with a form of cerebral palsy. One day he took her to his pickup truck In 2007 he applied for parole and was dismissed because the National Parole Board did not feel that he had developed sufficient insight into his actions (he outright

Robert Latimer is applying to Prime Minister Justin Trudeau and Justice Minister Jody Wilson-Raybould for either a pardon or a new trial - A Saskatchewan farmer who was convicted of killing his severely disabled daughter nearly 25 years ago is applying for either a new trial or a pardon .

Failing that, Vancouver lawyer Jason Gratl says Latimer deserves a pardon.

"Granting a pardon to Mr. Latimer does not detract from any value or principle and offers Canadians the rarest of mirrors through which to appreciate the meaning of our collective association," Gratl wrote in a letter accompanying the application.

"A pardon would offer a glimpse of mercy, compassion and justice that the legal system and the medical system did not afford to the Latimers."

'Compassionate homicide'

Latimer's case has already proven one of the most polarizing in Canadian legal history.

He has appeared twice before the Supreme Court of Canada — first in 1997 when the court ordered a new trial due to jury interference and a second time in 2001, when the court upheld a life sentence with no parole for 10 years.

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Robert Latimer killed his severely disabled 12-year-old daughter , Tracy, in 1993 by piping exhaust fumes into the cab of his truck. He was convicted twice. The second conviction was upheld by the Supreme Court of Canada in 2001

Robert William "Bob" 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 (November 23, 1980 – October 24, 1993).

a man and a woman sitting on a couch: An undated photo of Latimer and his daughter Tracey at home. Latimer admitted to killing Tracy in 1993 by piping exhaust fumes into the cab of his truck.© (Maclean's/Canadian Press) An undated photo of Latimer and his daughter Tracey at home. Latimer admitted to killing Tracy in 1993 by piping exhaust fumes into the cab of his truck.

Latimer told police he did it — he said he loved his daughter, who had a severe form of cerebral palsy and was thought to be in chronic pain, and couldn't bear watching her suffer.

The case has divided supporters who believe the case is one of so-called mercy killing and those who argue that failing to adequately punish a man for killing his disabled daughter devalues Tracy Latimer's life.

The judge at Latimer's second trial called the murder "compassionate homicide."

'Medical malpractice'

In Canada, people who have lost all legal appeals after conviction are allowed by law to ask the government to reopen the case by making a direct appeal to the federal justice minister.

Latimer's application for ministerial review is based on an argument that while doctors could have managed Tracy's pain with strong medication like opioids, she was denied stronger drugs because they might have killed her.

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Decades after Robert Latimer killed his severely disabled daughter in what he maintains was an act of mercy, his Vancouver lawyer has After two trials, the first of which was tainted by jury tampering, Latimer was convicted of second-degree murder and sentenced to a mandatory minimum life

Robert Latimer , convicted in the death of his severely disabled daughter Tracey, is seeking a pardon from the prime minister and justice Latimer was originally convicted of second-degree murder in 1994, but a new trial was ordered by the Supreme Court of Canada in 1997 because of

a man looking at the camera: In a letter to both Justice Minister Jody Wilson-Raybould and Prime Minister Justin Trudeau, Latimer's lawyer argues his case is one of those rare instances where a free pardon is warranted.© Sean Kilpatrick/Canadian Press In a letter to both Justice Minister Jody Wilson-Raybould and Prime Minister Justin Trudeau, Latimer's lawyer argues his case is one of those rare instances where a free pardon is warranted.

"The manifest injustice in Mr. Latimer's conviction lies in the unfair and unlawful deprivation of perfectly legal pain relief for Tracy Latimer," Gratl's letter reads.

"Tracy Latimer's life should have ended 'unintentionally' as a secondary consequence of her physicians' administration of opiates to alleviate her pain; her life should not have ended by her father's merciful and intentional administration of carbon monoxide."

Gratl argues that Latimer is a victim of "medical malpractice" and that the jury may have been "misled into an honest but mistaken belief that Mr. Latimer chose not to give Tracy painkillers stronger than Tylenol."

'One of those rare instances'

Latimer was granted day parole in February 2008 and full parole in November 2010. He has since fought in Federal Court to overturn a National Parole Board decision denying him the right to travel outside Canada.

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Robert Latimer ’s daughter , Tracy, had cerebral palsy following oxygen deprivation at birth. Latimer , the Saskatchewan farmer who was convicted of killing his severely disabled daughter , Tracey, nearly 25 years ago is applying for either a new trial or a pardon .

Robert Latimer , Who Murdered His Disabled Daughter , Wants Pardon . He was convicted of second-degree murder — in itself a travesty, as the crime was clearly premeditated — and did more than ten years.

As Latimer's application points out, if the justice minister were to determine that a miscarriage of justice had taken place, one possible remedy is a new trial.

Gratl says Latimer "is prepared to accept this remedy in anticipation that a third trial would not proceed, although he appreciates that this cannot be guaranteed at this stage."

Gratl's letter says an unconditional pardon is suited to "the rare cases in which considerations of justice, humanity and compassion override the normal administration of justice."

He concludes: "The applicant submits that his circumstances are one of those rare instances."

The Department of Justice did not reply to a request for comment.

Convicted killer Butcher faces hearing .
HALIFAX - A Halifax man convicted in the violent death of Montreal-born businesswoman and yoga instructor Kristin Johnston is scheduled to appear in court today for a parole eligibility hearing. Nicholas Butcher was convicted of second-degree murder in April after a jury found he stabbed the 32-year-old woman to death. The conviction carries an automatic life sentence, but a hearing to determine when Butcher will be able to apply for parole will be held today in Nova Scotia Supreme Court.Crown lawyer Carla Ball has confirmed that more than 13 victim impact statements have been filed as part of the hearing.

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