R. V. Latimer

R. v. Latimer 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 mercy killing. In its decision, the Supreme Court ruled that the crime could not be justified through the defence of necessity, and found that, despite the special circumstances of the case, the lengthy prison sentence given to Mr. Latimer was not cruel and unusual and therefore not a breach of section 12 of the Canadian Charter of Rights and Freedoms. The Court also ruled that Mr. Latimer was not denied rights to jury nullification, as no such rights exist. The prison sentence was thus upheld, although the Court specifically noted that the federal government had the power to pardon him.