Robert Latimer

Tracy Latimer's Life and Medical Condition

Tracy Lynn Latimer was born on November 23, 1980, in North Battleford, Saskatchewan. An interruption of oxygen during her birth caused severe cerebral palsy, resulting in severe intellectual and physical disabilities. She had little or no voluntary control of her muscles, wore incontinence pants, and could not walk or talk. Her condition was marked by violent seizures controlled with medication. Doctors described the care provided by her family, including her parents Robert and Laura Latimer and her three siblings, as excellent. Tracy attended school regularly in Wilkie. People who worked with her in group homes and schools described her smile, love of music and reaction to horses at the circus. She responded to family visits, smiling and looking happy to see them. The Crown prosecutors' brief at the second trial stated her life had value and quality, and the pain she suffered was not unremitting.

Her life involved significant and recurring pain from her disabilities and surgical interventions. At age four, she underwent surgery to relieve muscle tension. At age nine, she had surgery to balance muscle pressure through cutting tendons and lengthening tissues. She developed scoliosis, which doctors partially corrected by wiring steel rods to her spine. A major source of chronic pain was dislocated hip joints. Her orthopaedic surgeon, Dr. Dzus, noted Tracy was in constant pain, with her mother often needing to hold her leg in a fixed, flexed position for relief. The anti-seizure medication Tracy required ruled out the use of many effective painkillers due to risks of renewed seizures, stomach bleeding, constipation, and aspiration pneumonia. Robert Latimer reported the family was not aware of any medication other than Tylenol that could be safely administered to Tracy. The 2001 Supreme Court judgment noted a feeding tube might have allowed more effective pain medication and improved her nutrition, but the Latimers considered it too intrusive.

In October 1993, Dr. Dzus recommended and scheduled further surgery on Tracy's dislocated hip for November 19, 1993. Depending on the joint's state, the procedure could be a hip reconstruction or involve removing the upper part of her thigh bone, leaving the leg connected by only muscles and nerves. The anticipated recovery period was one year. Dr. Dzus reported the post operative pain could be incredible, potentially requiring an epidural. The Latimers were told further surgery would likely be required in the future to relieve pain from other joints. Laura Latimer later stated she told Robert she wished they could call euthanasia activist Dr. Jack Kevorkian.

The Killing, Confession, and Police Investigation

On the morning of October 24, 1993, while his wife Laura and their other three children were at church, Robert Latimer carried Tracy to the cab of his pickup truck on the family farm near Wilkie. He ran a hose from the vehicle's exhaust pipe into the cab and started the engine. Tracy died from carbon monoxide poisoning. When Laura returned home, she found Tracy dead in her bed and initially believed her daughter had died in her sleep. An autopsy later revealed high levels of carbon monoxide in Tracy's blood. When police confronted Latimer with this evidence, he confessed to the killing. He stated he had also considered other methods, including a Valium overdose or shooting her in the head. Latimer's stated motivation was love for his daughter and a desire to end her constant pain, believing the upcoming surgery constituted unnecessary torture for a child with a limited life expectancy. He maintained that his action was not a criminal act but a merciful one.

Legal Proceedings: First Trial and Initial Appeals

Robert Latimer was charged with first degree murder. His first trial began in November 1994 before a jury in Battleford, Saskatchewan. On November 16, the jury convicted him of the lesser charge of second degree murder. The trial judge imposed the mandatory minimum sentence for that offence: life imprisonment with no eligibility for parole for ten years. Latimer appealed this conviction to the Saskatchewan Court of Appeal. On February 20, 1995, disability rights groups including the Council of Canadians with Disabilities were granted intervenor status in this appeal. The appeal was heard on February 23, 1995. On July 18, 1995, the court upheld the conviction and sentence in a 2-1 decision, with Justice Calvin Tallis dissenting. The Supreme Court of Canada agreed to hear a further appeal, scheduling a hearing for November 27, 1996. However, in October 1995, it was revealed that the original Crown prosecutor, Randy Kirkham, had instructed the RCMP to interview prospective jurors about their views on religion, abortion, and mercy killing. This led to charges against Kirkham for attempting to obstruct justice in June 1996. Kirkham was later disbarred in 1999.

Second Trial, Constitutional Exemption, and Supreme Court Finale

Based on the jury tampering, the Supreme Court, in a decision on February 6, 1997, set aside Latimer's conviction and ordered a new trial. The court upheld the admissibility of Latimer's confession under section 10 of the Charter. A second trial began on October 22, 1997, in Saskatoon, with observers from disability rights groups in attendance. On November 5, a second jury also convicted Latimer of second degree murder, though it recommended he be eligible for parole after one year. The trial judge, Justice Ted Noble, found the mandatory life sentence with a ten-year parole ineligibility period would be cruel and unusual punishment in Latimer's specific circumstances, violating section 12 of the Charter. On December 1, 1997, he granted a constitutional exemption and sentenced Latimer to one year in a provincial jail followed by one year of probation, with the jail time to be served intermittently. The Crown appealed this sentence on December 17, 1997. On January 13, 1998, a coalition of six disability rights organizations jointly applied for intervenor status in the appeal.

The Saskatchewan Court of Appeal heard the appeal on October 19, 1998. On November 23, 1998, it overturned the constitutional exemption, reinstating the life sentence with ten years of parole ineligibility. The court ruled the trial judge erred in finding the sentence grossly disproportionate. Latimer appealed this to the Supreme Court of Canada. In its landmark 2001 decision, R. v. Latimer, the Supreme Court unanimously upheld the mandatory sentence in a 9-0 ruling. The court ruled the sentence was not grossly disproportionate and therefore did not violate section 12 of the Charter. It also rejected the defence of necessity, stating Latimer had legal alternatives to killing his daughter, such as seeking better pain management. The court confirmed that Canadian law does not recognize a right to jury nullification. With all appeals exhausted, Latimer began serving his life sentence on January 18, 2001, at the minimum-security William Head Institution, located 30 kilometres west of Victoria, British Columbia. While incarcerated, he completed the first year of carpentry and electrician apprenticeships and continued to manage his farm remotely.

Parole Hearings, Release, and Ongoing Legal Fight

Robert Latimer first applied for day parole in December 2007 before the National Parole Board in Victoria. He told the board he believed killing his daughter was the right thing to do. The board denied his request, citing his lack of remorse and insufficient insight, despite psychological reports assessing him as a low risk to reoffend unless in the same situation. In January 2008, his lawyer Jason Gratl appealed to the Parole Board of Canada's Appeal Division. In February 2008, the Appeal Division overturned the denial, granting day parole based on the low risk assessment. Latimer was released from William Head Institution in March 2008, initially to Ottawa, stating he planned to work towards a new trial and identify pain medications. He later relocated to Victoria, where his parole conditions required him to live in a halfway house five days a week and in his own apartment two days a week. He had been seeking looser 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 and apply the least restrictive conditions. 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, effective December 6, 2010. In 2013, he challenged international travel restrictions set by the parole board. These restrictions were overturned in 2014, allowing him to travel internationally, including a vacation to Peru. Since his release, Latimer has continued to operate his 1280-acre family farm near Wilkie with the help of a manager. He has consistently maintained that his actions were justified. In July 2018, through his lawyer Jason Gratl, he applied for a ministerial review of his conviction, seeking either a pardon or a new trial. The application argued his conviction was a miscarriage of justice. As of 2026, this application remains pending with the Minister of Justice. Latimer continues to advocate for his name to be cleared, writing letters to Supreme Court judges and politicians. He believes disability rights activism regarding his case has been sadistic and that legislation regarding assisted death should be extended to minors.

National Debate, Polling, and Intervenor Arguments

The Latimer case ignited a fierce and enduring national debate that polarized Canadians. A 1999 Angus Reid poll found 73 percent of Canadians believed Latimer acted out of compassion and deserved a more lenient sentence, with 41 percent supporting the legalization of mercy killing. Supporters, including University of Manitoba ethicist Arthur Schafer, argued he was motivated by love and that he was the only person in Canadian history imprisoned for a mercy killing. The case was presented sympathetically in the college textbook The Elements of Moral Philosophy by James Rachels and Stuart Rachels. This side of the debate framed the case as one of a parent ending unbearable suffering where the medical system offered no adequate relief.

Opposition to leniency was led powerfully by disability rights organizations. Groups including the Council of Canadians with Disabilities, the Saskatchewan Voice of People with Disabilities, People First Canada, the Canadian Association for Community Living, the DisAbled Women's Network Canada, and People in Equal Participation obtained intervenor status in Latimer's appeals. They argued that killing a disabled child like Tracy is no different from killing a non-disabled child and must carry the same penalty. They contended that doing otherwise would devalue the lives of disabled people and increase the risk of more such killings by caregivers, a concept termed "the Latimer effect". Their lawyer, Bob Richards, presented this perspective to the Saskatchewan Court of Appeal for twenty minutes in October 1998. Religious groups, including the Roman Catholic Church and the Evangelical Fellowship of Canada, also intervened, opposing euthanasia on theological grounds. Commentator Andrew Coyne supported the parole board's initial requirement for remorse, arguing that without it, others might be inspired to similar actions.

Cultural References, Educational Use, and Lasting Impact

The moral and legal quandaries of the Latimer case have resonated in Canadian arts, culture, and education. In music, rock singer Ozzy Osbourne referenced the case in his song "Latimer's Mercy" on the 2010 album Scream. In theatre, the story has been explored multiple times. Playwright Emil Sher's Mourning Dove was first a CBC Radio play in 1996 and later staged by the Great Canadian Theatre Company in Ottawa in 2005, examining the father's dilemma. A community collaboration by Michele Decottignies and company, Mercy Killing or Murder: The Tracy Latimer Story, used a multimedia, Epic Theatre approach to centre the experiences of people with disabilities. It premiered at Stage Left's Balancing Acts Disability Arts Festival in Winnipeg in 2003. The case remains a staple in educational materials on law, ethics, and disability studies. Organizations like the Ontario Justice Education Network use it as a landmark case to teach about mandatory minimum sentences, Charter rights, and the defence of necessity. The case is also commemorated within the disability community through events like the Disability Day of Mourning on March 1, which remembers people with disabilities killed by their caregivers. The case has been analyzed in academic works such as Ruth Enns's 1998 book A Voice Unheard: The Latimer Case and People with Disabilities.

Detailed Case Chronology from 1993 to 2010

Questions about Robert Latimer

What was Robert Latimer convicted of?

Robert Latimer was convicted of second degree murder for the 1993 killing of his daughter Tracy. The conviction carried a mandatory sentence of life imprisonment with no eligibility for parole for ten years. This sentence was upheld by the Supreme Court of Canada in a unanimous 9-0 ruling in 2001. The court found the sentence did not constitute cruel and unusual punishment under section 12 of the Canadian Charter of Rights and Freedoms.

Why did Robert Latimer kill his daughter?

Latimer stated he killed Tracy to end her constant and severe pain from cerebral palsy. His decision came after an orthopaedic surgeon, Dr. Dzus, scheduled major hip surgery for November 19, 1993, which had an anticipated one-year recovery period. Latimer believed this surgery would cause incredible pain and constitute unnecessary torture for his daughter. The courts rejected his defence of necessity, stating he had legal alternatives like seeking better pain management instead of killing her.

What was the Supreme Court's ruling in the Latimer case?

In 1997, the Supreme Court ordered a new trial for Latimer due to allegations of jury tampering by the original Crown prosecutor. In 2001, the Supreme Court unanimously upheld his life sentence, finding it was not cruel and unusual punishment under section 12 of the Charter. The court also ruled that Latimer's crime could not be justified by the defence of necessity. It confirmed that Canadian law does not provide a right to jury nullification.

Is Robert Latimer still in prison?

No. Latimer was granted day parole in March 2008 and full parole on December 6, 2010. He lived under conditions including residency at a Victoria halfway house, but these were relaxed. In 2014, he successfully challenged travel restrictions and vacationed in Peru.

What was the public reaction to the Latimer case?

A 1999 poll found 73 percent of Canadians believed Latimer acted out of compassion and should receive a more lenient sentence. Disability rights groups strongly opposed leniency, arguing that killing a disabled child devalued disabled lives and risked encouraging similar acts. Religious groups, including the Roman Catholic Church and the Evangelical Fellowship of Canada, also intervened in the Supreme Court appeal opposing euthanasia. This created a national controversy about euthanasia ethics and the rights of people with disabilities.

Has Robert Latimer expressed remorse?

No. Latimer has consistently stated killing his daughter was the right and merciful thing to do. His lack of remorse was a key factor in the initial denial of his day parole in 2007. As of 2026, he continues to seek a pardon or new trial, believing his conviction was a miscarriage of justice.

Sources and further reading

• Robert Latimer (Wikipedia)
• Robert Latimer Case (thecanadianencyclopedia.ca)
• Latimer Case Chronology (ccdonline.ca)
• Landmark Case: Mandatory Minimum Sentence for Murder (ojen.ca)
• 25 years after conviction, Robert Latimer still believes he ... (cbc.ca)

Checked by the Nosy Mag desk. Last updated 2026-10-26.