Robert Latimer is seen in Ottawa Monday, March 17, 2008. 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. (Tom Hanson / THE CANADIAN PRESS)
WILKIE, SASK.óA 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 Latimerís Vancouver lawyer, Jason Gratl, has filed an application with Prime Minister Justin Trudeau and federal Justice Minister Jody Wilson-Raybould that asks them to consider both options.
Latimerís daughter, Tracy, had cerebral palsy following oxygen deprivation at birth. She was 12 in October 1993 when her father killed her by piping exhaust fumes into the cab of his truck.
Latimer appealed after he was convicted of second-degree murder in 1994 and the Supreme Court of Canada ordered a new trial due to jury interference. He was convicted again and eventually sentenced to life in prison with no parole for 10 years.
His exhausted all of his appeals, his new application is two-pronged.
The first asks for a ministerial review of his case on the grounds that a miscarriage of justice occurred. It evokes the same section of the Criminal Code used by wrongfully convicted individuals such as David Milgaard. If the minister is satisfied, a new trial could be ordered or the case could be sent back to the Appeal Court for a hearing.
The second argument uses the royal prerogative of mercy, which allows for a pardon to be granted in rare cases where humanity and compassion override the normal administration of justice. Latimerís application cites a pardon granted in 2012 to a group of Alberta farmers who were charged with violating what was then the Canadian Wheat Board Act by exporting their own grain.
The basis for Latimerís application centres on the pain management options the Latimers felt they had for Tracy. Court heard that the girl was in severe pain after several surgeries and that the Latimers believed the only medication they could give her was regular Tylenol.
Commentary by the Ottawa Mens Centre
As much as he was convicted of killing his daughter, he has a point.
Parol is parol, it makes you a target that can have you thrown in jail for life
for the slightest thing. It instills constant fear and anxiety and makes
those on parole do really stupid things but only because they are under stress.
Its like a court ordered form of psychological abuse and the longer the parole exists
the more likely it is it will be broken.
Its a system for corrupt cops and the scum of the authorities who make work by
creating revolving doors. Rotten Cops, Probation Officers, jail guards all
make their living out of this sort of misery where their income creates
the motivation to fabricate evidence, and put the innocent in jail.
Except, Latimer was not innocent and he might yet get what he asks for
an end to his parole.
Ottawa Mens Centre