Tracy Latimer Case Summary

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Facts:

The accused, Robert William Latimer was initially charged with the second degree murder of his daughter Tracy Latimer. Tracy was a quadriplegic with severe cerebral palsy causing her to be immobile with the mental capacity of a four month old baby only able to communicate through facial expressions. Her condition, caused by neurological damage had led to up to six seizures a day forcing her need of on the clock care. Tracy soon developed scoliosis which is the abnormal arch of one's back and had dislocated her hip. A surgery was scheduled on November 19th, 1993. One month before the surgery Latimer took Tracy to his pickup truck in Wilkie, Saskatchewan and inserted a hose in the exhaust pipe. Tracy soon died from Carbon Monoxide poisoning on October 24th, 1993. Doctors were aware of Tracy’s lack of nutrients and weight loss and proposed the idea of a feeding tube in her stomach. Latimer rejected the idea because he had presumed that an intrusive
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I believe this because Latimer’s arguments that it was a defence of necessity and that his sentencing was a form of cruel and unusual punishment were invalid due to the fact that Latimer intentionally took Tracy’s life. Trial Judge Wimmer J. found that Mr. Latimer’s Charter rights had not been violated (Supreme Court Judgments, 2016). This is significant because it was Latimer who violated Tracy’s Charter rights and he was receiving the appropriate consequences for his intentional actions. Moreover, I feel this way because Constable Lyons stated, “Certainly the grounds to arrest were present, certainly there were reasonable and probable grounds to arrest him”(Supreme Court Judgments, 2016). This proves that the Supreme Court’s decision was valid and I agree with it because it was an obvious fact that Latimer murdered Tracy

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