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R. v. Latimer (1997)
Encyclopedia
| R. v. Latimer | ||||||
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 Supreme Court of Canada |
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| Argued November 27, 1996 Decided February 6, 1997 |
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| Holding | ||||||
| Section 10(a) of the Charter requires that one be made aware of the seriousness of the situation; Section 10(b) is not breached when one is not told of a means of accessing duty counsel that is not available at the time. | ||||||
| Court membership | ||||||
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| Case opinions | ||||||
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R. v. Latimer [1997] 1 S.C.R. 217, was a decision by the Supreme Court of Canada
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
in the controversial case of Robert Latimer
Robert Latimer
Robert William "Bob" Latimer , a Canadian canola and wheat farmer, was convicted of second-degree murder in the death of his daughter Tracy . This case sparked a national controversy on the definition and ethics of euthanasia as well as the rights of people with disabilities, and led to two...
, a Saskatchewan
Saskatchewan
Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....
farmer convicted of murdering his disabled daughter Tracy. The case involved consideration of arbitrary detention under section 9
Section Nine of the Canadian Charter of Rights and Freedoms
Section Nine of the Canadian Charter of Rights and Freedoms, found under the "Legal rights" heading in the Charter, guarantees the right against arbitrary detainment and imprisonment...
of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
and rights to an explanation for detention and rights to counsel under section 10
Section Ten of the Canadian Charter of Rights and Freedoms
Section Ten of the Canadian Charter of Rights and Freedoms specifies rights upon arrest or detention, including the rights to consult a lawyer and the right to habeas corpus. As a part of a broader range of legal rights guaranteed by the Charter, section 10 rights may be limited by the Oakes test...
. The Supreme Court ultimately overturned Latimer's conviction due to the Crown's improper actions at the jury selection
Jury selection
Jury selection are many methods used to choose the people who will serve on a trial jury. The jury pool is first selected from among the community using a reasonably random method. The prospective jurors are then questioned in court by the judge and/or attorneys...
stage. As a result, the decision was the first given by the Supreme Court in the Latimer case, the second being R. v. Latimer
R. v. Latimer
R. v. Latimer [2001] 1 S.C.R. 3, was a decision by the Supreme Court of Canada in the controversial case of Robert Latimer, a Saskatchewan farmer convicted of murdering his disabled daughter Tracy Latimer. The case had sparked an intense national debate as to the ethics of what was claimed as a...
(2001) on cruel and unusual punishment
Cruel and unusual punishment
Cruel and unusual punishment is a phrase describing criminal punishment which is considered unacceptable due to the suffering or humiliation it inflicts on the condemned person...
under section 12
Section Twelve of the Canadian Charter of Rights and Freedoms
Section Twelve of the Canadian Charter of Rights and Freedoms, as part of the Charter and of the Constitution of Canada, is a legal rights section that protects an individual's freedom from cruel and unusual punishments in Canada. The section has generated some case law, including the essential...
of the Charter.
Background
Latimer, who had poisoned his 12-year-old quadriplegic daughter with carbon monoxideCarbon monoxide
Carbon monoxide , also called carbonous oxide, is a colorless, odorless, and tasteless gas that is slightly lighter than air. It is highly toxic to humans and animals in higher quantities, although it is also produced in normal animal metabolism in low quantities, and is thought to have some normal...
in 1993, became the target of the police's suspicion after Tracy's autopsy
Autopsy
An autopsy—also known as a post-mortem examination, necropsy , autopsia cadaverum, or obduction—is a highly specialized surgical procedure that consists of a thorough examination of a corpse to determine the cause and manner of death and to evaluate any disease or injury that may be present...
. The police then visited Latimer's farm and detained him. The police had said they wanted to talk with Mr. Latimer, and he got into the car with them. An officer then told Latimer he was in a serious situation, he was being detained due to Tracy's death, and that Latimer had a right to counsel and legal aid. Latimer replied that he understood but declined to contact a lawyer immediately. He also wanted to put on different clothes, and the police let him, but they told him they would walk with him into the house as he was now in their custody. During the questioning, the police told Latimer once again that he had rights to counsel and a right to silence
Right to silence
The right to remain silent is a legal right of any person. This right is recognized, explicitly or by convention, in many of the world's legal systems....
, and he declined to ask for a lawyer. After an officer said he was convinced Latimer had killed his daughter, Latimer confessed. He was then charged with murder, after writing a confession that he was told could lead to a murder charge.
When the jury was being selected, the Crown counsel and Royal Canadian Mounted Police
Royal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...
intervened to query candidates for the jury on their positions regarding controversial matters such as abortion
Abortion in Canada
Abortion in Canada is not limited by the law . While some non-legal obstacles exist, Canada is one of only a few nations with no legal restrictions on abortion. Regulations and accessibility vary between provinces....
and euthanasia
Euthanasia
Euthanasia refers to the practice of intentionally ending a life in order to relieve pain and suffering....
(matters related to Tracy's death, which Latimer claimed was a mercy killing). Some of candidates who were queried ultimately ended up on the jury. Latimer was found guilty, and the Saskatchewan Court of Appeal upheld the trial decision. It was only after the Court of Appeal's decision that the Crown's actions during jury selection came to light.
Decision
The decision was written by Chief JusticeChief Justice of Canada
The Chief Justice of Canada, like the eight puisne Justices of the Supreme Court of Canada, is appointed by the Governor-in-Council . All nine are chosen from either sitting judges or barristers who have at least ten years' standing at the bar of a province or territory...
Antonio Lamer
Antonio Lamer
Joseph Antonio Charles Lamer, PC, CC, CD was a Canadian lawyer, jurist and Chief Justice of the Supreme Court of Canada.-Personal life:...
, who emphasized at the outset that his decision would not deal with the ethical controversies surrounding what Latimer claimed to have been a mercy killing. Latimer also claimed his detention was arbitrary and therefore breached section 9 of the Charter. The Court decided the detention was not arbitrary, as it was carried out because it seemed likely that Latimer was guilty. These were valid grounds for an arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
; the detention fit the definition of a proper arrest even though the police never called it one. The description of the incident as a detention, the police making it clear that he was in their custody by walking him into the house so he could put on different clothes, and Latimer's acceptance that the police were in control were enough for Latimer to understand he was being arrested.
The Court then turned to whether the police's decision not to tell Mr. Latimer he was being arrested and could face a murder charge breached section 10(a) of the Charter. This section states one must be "informed promptly of the reasons" for detention or arrest. The Court found section 10(a) was not infringed. Section 10(a) is meant to ensure those arrested or detained are aware of the gravity of the situation. Latimer argued that since the police did not call the detention an arrest, he was not fully aware of how serious the trouble he was in was. He also claimed this was the reason why he had declined to talk to a lawyer. Again, the Court argued the words used did not matter, but rather how the suspect can interpret the situation. Latimer could be expected to understand the seriousness of the situation since he was told he was being detained in connection with Tracy's death. The police had explicitly said the situation was serious, and had told him of rights one has when being arrested.
Finally, the case involved section 10(b), the right "to retain and instruct counsel without delay and to be informed of that right." The Court noted it had found in R. v. Bartle
R. v. Bartle
R. v. Bartle, [1994] 3 S.C.R. 173 is a leading Supreme Court of Canada decision on the right to retain and instruct counsel under section 10 of the Canadian Charter of Rights and Freedoms...
(1994) that rights to be informed that one may seek counsel included rights to be told of duty counsel
Duty counsel
In Ontario, Canada a duty counsel is a lawyer paid by Legal Aid Ontario who provides limited legal services in criminal, family law and child protection matters to people who arrive at court without representation, mainly in the Ontario Court of Justice....
and how to obtain it i.e., through a free telephone call. Although Latimer was told that legal aid existed, he was not told that he could make a free telephone call and obtain advice from duty counsel right away. Latimer argued this contradicted Bartle. However, Saskatchewan happened to have different hours during which one could make a free telephone call to directly obtain duty counsel. The arrest occurred at a time when it was not available; therefore the right established in Bartle was inapplicable in this case, as it would have been of no use.
Still, the Supreme Court ordered a new trial. As the Court wrote, the Crown counsel's actions during jury selection "were nothing short of a flagrant abuse of process and interference with the administration of justice." The justice system demanded justice and transparency, and the trial was lacking in this regard.