The story of Robert Latimer
Euthanasia in Canada today is a busy government department
Originally published Jan 25, 2008 UPDATED
Society's picture of Robert Latimer remains fuzzy, as he was imprisoned 10 years for the second degree murder of his daughter Tracy, whom he loved and wanted her suffering to end which he maintains to this day.
Robert Latimer’s trial for the murder of his 13 year old daughter Tracy Latimer in 1993 in Saskatchewan was one of the most difficult and indeed vexing criminal trials in latter day Canadian history. The helpless, completely invalid girl was murdered in an act defended by the father as mercy killing.
Well, there are no provisions in Canadian law, and few countries with such legal provisions, to deal with the act of ‘so-called’ mercy killing. He was convicted of second degree murder and serves a mandatory sentence.
The consensus in the defense of Robert Latimer is that he found himself at his wit's end seeking treatment for his catastrophically disabled daughter. She was born to a stunted life with cerebral palsy and many complications that locked her forever into a mental state of four months of age.
Latimer and family (wife and other three kids) had devoted all those years of hope and care to the upbringing of Tracy, even so, the situation continuously deteriorated along with the assistance to ameliorate problems. Somehow Robert Latimer decided it should last no longer.
In a curious way Tracy has received the munificent attention of human concern under the spotless conditions of a Canadian courtroom after being killed far sooner than she ever would have received it staying alive languishing between a bathing, a feeding, a changing, a sleeping, and another life-saving surgery, followed by a touch and go recovery and day-in, day-out servitude to her complete inability to function at any level except existence.
In a sense she challenged some people to ask how much are they are contributing to life that they should continue to exist. In another sense, she was existing as nothing but an unheard scream by any but the most select professionals in medical society, and a select coterie of family members, and no one else.
Ultimately Latimer had decided, apparently, devotion to Tracy was doing her more harm than good, and he must have reasoned that since resources were unavailable to make her life and the Latimer family anything more than complete servitude to her progressively worse existence, in contrast to a family working like a congruent and manageable affair, and no institution would end her descent into pain, she should perish.
Obviously that is a not a decision any person wants to make, and certainly one that is disallowed under the law. In other words, it was against the law to kill his severely disabled daughter even though keeping her alive seemed to Robert Latimer to be an act of abject cruelty. He chose the lesser of two evils and has stuck with his choice ever since.
For doing what he decided was absolutely necessary to end the suffering of Tracy Latimer her father is spending life in prison. He refuses to admit the error of his ways, a fundamental requirement of the system, for refusal in admitting the mistake to the parole board is all that prevents them from slamming the door shut on Robert Latimer’s release.
The parole situation may change with the new intercession of the B.C. Civil Liberties Association, arguing, "that the parole board acted improperly by rejecting parole." Latimer was denied parole in December 07, mainly because 'he showed no remorse for his actions.'
According to the BCCLA counsel Jason Gratl, "Jurors in both of Latimer's trials urged that Latimer be given parole." Gratl also noted the parole board's 'triggers' were not set off about concerns of rehabilitation, specific deterrence and protection. The only thing preventing his release is Latimer's inability to express remorse about the deed.
"Although it has a role at sentencing," Gratl wrote, "the objective of denunciation plays no part in the consideration of whether Mr. Latimer should be granted day parole."
It appears from all points of view, including that of psychologist Dr. Bruce Monkhouse, that Latimer is a very low risk, and, "had only an eight per cent statistical probability of reoffending within eight years and a 10 per cent probability in 10 years."
Indeed, the BCCLA indicates its concerns about why the parole board refused to release Latimer. "The panel that denied his parole was plainly more interested in extracting a tearful apology from Latimer than it was in performing its proper function."
Latimer’s appeal will go back to the parole board. If the board denies the appeal, the BCCLA will take it to the federal court. The case remained a delicate subject world-wide, and in Canada, with strong advocates both for and against everywhere you turn.
One informative website reads as follows, "October 24th 1993 and in 1994, Robert Latimer is found guilty of second-degree murder, a crime for which the mandatory sentence is life in prison with no chance of parole for 10 years. Latimer appeals but his conviction is upheld in 1995. Another trial takes place in 1997 because there had been jury tampering before the first trial."
The website informed how the legal struggle continued, "In December 1997, Judge Ted Noble recognizes Latimer's act as one of 'compassionate homicide' and grants him a constitutional exemption. In 1998, the Saskatchewan Court of Appeal sets aside constitutional exemption and upholds the mandatory sentence." Latimer appealed to the Supreme Court of Canada, which upheld the life sentence. On January 18th 2001, Robert Latimer went to prison.
The Latimer situation regarding the killing of Tracy continues to appear before a Canadian and international audience because, "There is no mention in the Criminal Code of 'mercy killing', of 'compassionate homicide' or of 'euthanasia,'" said the authors of a Latimer website.
Due to this, "Judges' hands are tied by imposed minimum mandatory sentences." Distinguishing the actions of compassion and mercy in killing in Canada has been tried before, in 1995, when "a special Senate Committee on Euthanasia and Assisted Suicide unanimously recommended that the punishment for murder be reduced in cases where there is the essential element of compassion or mercy." This did not occur.
Makes you wonder how a mere 20 years later the establishment in charge of Assisted Death in Canada would examine the Latimer case today.
Other nations struggling with euthanasia and a few have made laws to permit it, including Belgium and Holland, and Oregon in the USA. Canada now 'mercy' kills as many as 15,500 Canadians per year.
The accelerating rate of 'assisted' dying in Canada
Addendum (2025): Latimer in the Age of MAID
A Father’s Choice in a Pre-MAID Era
When I wrote about Robert Latimer in 2008, his 1993 decision to end his daughter Tracy’s life—using carbon monoxide to ease her severe cerebral palsy—divided Canada as the Progressive Conservatives, under Kim Campbell, gave way to Jean Chrétien’s Liberal government. Convicted of second-degree murder in 1994 and paroled in 2010, Latimer’s act ignited fierce debates on mercy killing and disability rights. Now, in 2025, Canada’s Medical Assistance in Dying (MAID) program, legalized in 2016, offers a regulated path for end-of-life choices. How does Latimer’s solitary act compare to MAID’s framework?
MAID’s Meteoric Rise: 1,018 to 15,343
MAID began with 1,018 assisted deaths in 2016 (0.4% of all deaths) and surged to 15,343 by 2023 (4.7%), totaling 60,301 cases. Unlike Latimer’s desperate choice, MAID requires two assessments, patient consent, and often clinician administration. Yet, despite a 28% rise in non-terminal cases in 2023 and concerns about coercion among the disabled, MAID has faced little public backlash—a stark contrast to Latimer’s polarizing case. This post aims to reignite that debate, questioning whether MAID’s quiet acceptance masks unresolved ethical tensions.
| Aspect | Robert Latimer (1993) | MAID (2016–2023) |
|---|---|---|
| Deaths | 1 (Tracy, via carbon monoxide) | 60,301 total; 15,343 in 2023 (4.7% of deaths) |
| Legality | Illegal; murder conviction (paroled 2010) | Legal; Track 1 (~96%) & Track 2 (stricter) |
| Eligibility | None; personal decision | Adults with serious illness; excludes mental illness (2027) |
| Process | Unsupervised, hidden | Two assessments, 10-day wait (waivable), consent |
| Impact | Sparked euthanasia debate; influenced MAID | Normalized; critiques on disability coercion |
| Context | Pre-MAID; seen as "mercy killing" | Growing acceptance; ongoing ethical debates |
Closing Summary:
Latimer’s act, a lightning rod in 1993 as Progressive Conservatives handed power to Chrétien’s Liberals, contrasts with a Canada where 15,343 chose assisted death in 2023—yet sparked little outcry. By revisiting Latimer’s story, this post stirs a new debate: Has MAID’s quiet acceptance resolved Tracy’s silenced voice, or buried deeper ethical questions? Canada’s euthanasia journey remains a mirror, reflecting compassion and lingering doubts.
