Wednesday, February 27, 2008

The case of Robert Latimer: Justice denied


Seven years into his second-degree murder conviction, child-killer and Canadian folk-hero, Robert Latimer won day parole today. In Canada, second degree murder carries a mandatory sentence of life in prison with no chance of parole for at least ten years. (The jury at his trial recommended he only serve one year.) Happily the sentence was mandatory, but he still gets out three years earlier than minimum requirements. Hey, who’s counting?

Actually Canada’s disability community, their advocates and allies were counting. You see, Canadian courts tend to be easy on killers of the disabled. Seven out of ten Canadians support Robert Latimer. Seventy percent of Canadians agree with assisted suicide for the chronically ill and disabled.

Canadian citizens with disabilities and incurable illnesses needed re-assurance that we are seen as deserving of equal legal protections as able-bodied Canadians. We didn’t get it.


Disability community responds

Jim Derksen of the Council for Canadians with Disabilities told CBC News, "I worry that the public will understand this parole as some kind of sanction of what he [Robert Latimer] did."


Craig Langston, the president of the Cerebral Palsy Association of B.C., worried other parents would follow Latimer's lead: "I think it sends a scary message that parents can decide that taking a life of their child is the right thing to do," he said. "The preservation of life should be the first concern."


Justice denied

Although it was clearly established early on that the murder of Tracey Latimer was premeditated, it was doubtful any trial would convict him of first degree murder. Latimer was eventually convicted by a reluctant, sympathetic jury to second degree murder which carries a mandatory life sentence with no chance of parole for at least ten years. Now he does not even serve the minimum requirements of the lesser sentence!

Canada is increasingly hostile to its incurably ill and disabled people, like me.

Canada’s National Parole Board reversed an earlier decision to deny Latimer’s day parole application, and granted it. They consider him a low risk to society. I suppose that’s true – he has no more disabled children to put out of his misery.

Still, one wonders why we even have minimum sentences for crimes when offenders are not required to serve them. (?) Then again, why should I be surprised? That's the appalling and unjust nature of Canadian justice.

Mark Pickup

8 comments:

JacqueFromTexas said...

Didn't you know? You only get equal protection under the law if you are born and without any disabilities or illnesses!

While born people will never be unborn people again, I hope supporters of Latimer realize that everyone is susceptible to developing an illness or disability. Pro-abortion folks can rest easy in the fact that they will never be attacked and killed with forceps they way they attack and kill their children, but euthanasia supporters should tremble in the fact that what goes around come easily come back around to them.

Mark Pickup said...

Hi Jacqueline: Yes, what goes around comes around. Your comment has occured to me.

I often wonder if future generations will look back on the 'boomers, shake their heads and mutter, "Good riddance."

Mark

Jim Todd said...

Robert Latimer, according to the Civil Liberties people, was guilty of 2nd degree murder and therefore ought not serve his complete sentence without it being considered cruel and unjust. He also will not be likely to recommit this type of crime and so he will not be a threat to society.
Did we as a society not trust him to honor his most sacred trust as a father and protector of his daughter? He failed his daughter and he failed us. I think we, out of Christian love, must forgive him. Does this mean that we must also reduce his time in prison? I do not think that we can do this as his actions have encouraged others to kill,"out of love". His early release legally, systemically and judically gives the stamp of approval to his actions.
We musy continue to be wary of those who justify the actions of such people, as Robert Latimer, with legal jargon and
follow the letter and not the spirit of the law.

Jim

Mark Pickup said...
This post has been removed by the author.
Mark Pickup said...

Jim: You are absolutely right. Out of Christian love we must forgive him. Does that mean he should not face the full sentence of his conviction. No. He should have have served at least the minimum requirements of his sentence.

The Parole Board sent an ominous message to Canada's disabled citizens: We do not deserve the full protection of the law.

Mark

Bill said...

Jim,
The release of Latimer does not even follow the letter of the law. He has been released on parole before the minimum term was served.

Ettina said...

Did you know that Robert Latimer lied? He says he was honest and forthcoming about having killed her, but he tried to pretend she died naturally and only when that fell through did he admit he killed her.

Maria said...

The interesting thing about Latimer is that he murdered his daughter who was not in danger of dying. I wonder why the euthanasia movement is so supportive of him. They are so adamant that people who are not close to death are not the focus of the movement. I saw an interview on CTV's "Verdict" with a pro-euthanasia person who used this very argument. Surprisingly, the Supreme Court chastised Latimer for not researching better pain management or even institutional care if he and his wife found Tracey's care difficult to maintain. The euthanasia & abortion are fueled by the same rhetoric...the rights of the oppressor are forced on the oppressee.