Week 3: Latimer

Question 1

Who is Robert Latimer and what did he do?

Answer 1

Robert Latimer was married to Laura. When Laura went to take the other kids to church Robert took Tracy to his truck and sat her in the cab, inserted a hose from the truck’s exhaust pipe and she died from carbon monoxide

Question 2

Who is Tracy Latimer?

Answer 2

Tracy is Robert and Laura’s daughter

She suffered from brain damage and low oxygen during her birth

She had a severe form of cerebral palsy and would have 5-6 seizures a day

Question 3

What is a mandatory minimum sentence?

Answer 3

• A sentence you must serve when you committed the crime, and the judge can add on to this time but you must serve a minimum of those years.
• It is pre-defined

Question 4

What is a constitutional exemption?

Answer 4

• Exemped from your charter of rights
• a constitutional exemption is a special permission or exception granted within a country’s constitution. It means that certain rules or laws outlined in the constitution do not apply to a specific situation, person, or group of people. This exemption is usually granted due to unique circumstances or needs that require different treatment than what is typically outlined in the constitution. It allows for flexibility in applying the law in specific cases while still maintaining the overall framework of the constitution.

Question 5

Compare the two cases: What was the outcome in 1997 & 2001?

Answer 5

1997:
- Overwhelming public support for Robert
- The judge calls the mandatory sentence “cruel and unusual” and instead imposes a different sentence
- Robert has not apologized or admitted that he did anything wrong
- Second trial, convicted of second-degree murder. During sentencing J. Nobel grants “constitutional exemption” from mandatory min

2001:
SCC dismisses appeals of conviction and sentence