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Observers divided over Latimer parole decision

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Canada AM: Arthur Schafer and Grant Mitchell
CTV News: Lisa LaFlamme with the renewed debate

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CTV.ca News Staff

Date: Thu. Dec. 6 2007 9:22 AM ET

Robert Latimer's continued refusal to show contrition or feel guilt for killing his 12-year-old daughter in 1993 is upsetting to one advocate for the rights of people with disabilities.

Latimer, currently serving a life sentence for killing his severely disabled daughter, was denied day parole on Wednesday.

The chair of the National Parole Board panel at B.C.'s minimum-security William Head prison, located near Victoria, told Latimer "we were left with a feeling that you have not developed the kind of sufficient insight and understanding of your actions."

Grant Mitchell, the lawyer who represented a coalition of disabled groups for seven years on the case, told CTV's Canada AM he is disappointed Latimer hasn't changed his position.

"I think it's really sad that he's still maintaining that he committed no crime ... that killing a member of his family was a private matter that the public had no business getting involved in," Mitchell said on Thursday.

"And I think it's particularly concerning that when he was asked by the Parole Board whether he would do the same thing if another member of his family were in distress, he said he wasn't sure what he would do."

Latimer chose not to appear before the Parole Board with a lawyer.

The Saskatchewan farmer's daughter, Tracy, was born with cerebral palsy and in 1993 was facing another operation to fix a permanently dislocated hip.

While his wife and kids were at church, Latimer put Tracy in the cab of his pickup and pumped exhaust fumes into the vehicle.

Tracy, who could neither walk nor talk, had the mental age of a three-month-old child.

In 1994, a jury found him guilty of second-degree murder, but the decision was wiped out later by the Supreme Court. In 1997, a second guilty verdict was upheld despite an appeal.

On Wednesday, when the Parole Board members pressed Latimer on whether he would take the same action if a family member was terminally ill, he answered: "I don't think so."

Arthur Schafer, director of the University of Manitoba's Centre for Professional and Applied Ethics, said he wasn't surprised by the verdict.

"From my perspective, the justice system has been rigid, inflexible and lacking in both justice and humanity right from the outset of this case. So to see the injustice perpetuated isn't so surprising," he told Canada AM.

He suggested that the Board denied day-parole to Latimer because he refused to "grovel" during his appearance.

Alan Borovoy, general counsel for the Canadian Civil Liberties Association, was outraged by the decision and said Latimer could not have shown remorse for his actions, because he had acted on compassionate grounds.

"Who could expect him to go through all this, the ritual of contrition, in order to satisfy (the Parole Board) that he has changed his mind about something that was so important to him in the first place," Borovoy told CTV Newsnet.

"This is tantamount to saying, 'Robert Latimer, tell us that you would much prefer that your daughter be suffering unremitting pain now than the result that has already occurred.'"

Latimer, who began serving his sentence in January 2001, will be eligible to re-apply for day parole in two years.

In a 2006 interview with The Canadian Press, Latimer said he had no regrets about what he did to his daughter.

"The law is a very stupid thing when it comes to trying to sort these things out," he said. "They don't have any realistic appreciation of what is going on."

In prison, Latimer has taken electrician and carpenter courses and even managed to run his farm with the help of a manager.

Please Add Comments( )

Ian
said
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The only person he was setting free was himself. Keep him in jail and treat him like the murderer he is. Your supposed to protect your children no matter what, period.


Jimmy
said
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He has no remorse, so he stays in jail, since in Canada, premeditated murder is against the law. Straight forward and correct decision.




dwayne-ottawa
said
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Who was there to help him raise his daughter? Who gave him the additional financial support to raise his daughter? Who did what for him??? NOBODY helped him not the government at a federal level not the government at the provincial level. And none of these people who are passing judgement came forward to help him. ASHAMED on all of you. How dare you sit on your ivory throne and pass judgement when you did nothing to help. How about the emotional state of Mr. Latimer who has been dealing with this since the day she was born, his life is no better without his daughter punishment is that he has to remember everday the self inflected pain he has given himself. So now the tax payers support a man who has always been a productive member of society. Maybe society is doing more damage than good, what are we turning him into ??


Bill
said
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My nephew and his wife are not having any more children. Their only daughter was born with CP; she's eight yrs old, wears diapers, spends her days confined to a chair, grunts. Unless you have been in Latimer's shoes, don't be quick to judge him.


Brian Henson
said
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It seems like there is little difference between Robert Latimer and Conrad Black. Both seem to be determined to show that they are "victims" of the justice system; that they did nothing wrong in their actions, and therefore, have no reason to even hint upon "remorse" for their actions.

Is that what justice is becoming--a way for all who violate the laws of the land to "show" that they are the "victims" of these "laws", and therefore, not, in any way responsible for their actions, and must be able to show that the verdict, itself, was in fault, along with the sentencing, for making them endure such hardships, when, "in fact" (according to them) they did "nothing" wrong, period?

Of course, even David Milgaard refused to show "remorse" for the "crime" that he was found guilty of, and after serving 23 years in prison, was "pardoned" for what had happened to him.

That leaves us with one basic question: "What, indeed, is justice?"

Does the "verdict" and "sentencing" always stand up to the test, even if the person admitted to the "crime", when stating that nothing "wrong" was done?


Mike
said
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The first two comments were one sided. As a person who has seen two people very close to myself go through an unbelievable amount of suffering without respite, a feel that Mr. Latimer should be allowed to rejoin and educate society with regards to what was a very difficult decision. Put yourself in his place and really think of what you would do if it were your loved one in that predicament.


Glenn Reid
said
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This man has convictions and obviously is full of love for his family, and "WHO CAN FURTHER JUDGE HIM, until they "WALKED IN HIS SHOES" which are now bigger than ever frankly, he should be allowed now to return to his family as this decision is very wrong in "MY opinion" and that is all it now is, to be nothing more than opinions...for whatever mine is worth and obviously very different from those that sit on the parole board but then I am a protestant law abiding senior who was born in Toronto, or "elder" as in First Nation's people who do "respect" elders opinions. The parole board people obviously to me, do not have the "attributes this FATHER has", that this man does, which is why THEY will NEVER UNDERSTAND HIM in my opinion. As the ad on TV describes this reeks of "Onions" causing FURTHER TEARS over this entire scenario frankly.


Alex
said
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There appears to be no relationship between "Law" and "Justice".


dp
said
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Unless you have seen your own child suffer this way, then you are in no position to pass judgement on Robert Latimer. I neither condemn nor condone what he did, but rather I pity him for finding himslf in a circumstance where he felt this was the best solution.

Please, let's all show the proper amount of respect for the value of life, while appreciating that the majority of us are lucky enough to not understand the impact of the situation that this family was in.


Tom
said
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The law is a funny thing. To end the suffering of a loved one that is human is murder. To prolong the suffering of a cherished pet is animal cruelty.

Though this man is no threat to society he is denied parole while calculating rapists and murderers are set free often before they serve their full sentence.


Victor Levy
said
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When my dad died he had been sick with MS for 20 years. From the age of 6 to the age of 26 I watched him die by degrees. As the years increased so did the pain. Until you have watched someone you love suffer all day, every day with no end in sight you cannot say what you would do.

My wife and I have promised each other that no machine will ever keep us alive. Should my child have been born with no possibility to live a happy, pain free, productive life and the mental level of a three month old at the age of 12 YEARS...........................


Christopher
said
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Unfortunately, the Latimer family was dealt a situation of nature when his daughter was born. Humans are supposed to be compassionate - we are able to take care of those who are not able to take care of themselves. This distinguishes us from animals. It is unfortunate that the way out of this dilemna, for Mr. Latimer, was taking the life of his daughter, with the idea that somehow death would be more beneficial. I would have thought that a much better course of action would be to make her life as comfortable as possible, with lots of love and understanding and to make her feel protected by those around her. I don't think anyone in a family has the right to make such an 'end of life' decision so arbitrary. Can you imagine the number of cases that would arise if this type of reasoning was not checked at some point? Look at other hopeless situations in the world where life is valued and improved upon - even when there is supposedly no hope.


Wrong decision
said
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The morals and values of Canadian society are not reflected in this decision.

The disconnect that exists between our laws (which are designed to protect our morals and values!) and what currently exists is truly horrifying.





MJ in NB
said
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It's rather ironic that to end an animal's endless suffering is considered humane, yet to end a person's is barbaric.

I neither condone or condemn what Mr. Latimer did. Like most, I only know of his actions through media reports which at best, provide limited information, and are at worst, sensationalistic and one-sided.


Steve
said
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If you think what he did was out of convenience you must have no understanding of compassion. In his eyes, he was protecting his daughter. I can't say he was right or wrong; that isn't up to me, but I can understand why when I look into the eyes of my kids. If they were made to suffer that kind of pain, with no hope of reprieve, I can understand.


Allan Eizinas
said
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A jury found Mr. Latimer guilty in 1997 on a charge of second-degree murder, but recommended that he serve only one year in jail and another under house arrest at his farm near Wilkie, Sask. The trial judge, Mr. Justice Ted Noble, found that Mr. Latimer's motive was to relieve what he saw as his daughter's terrible and unremitting pain and described the killing as a "compassionate" homicide.

The Saskatchewan farmer now remains in jail and his 3 other children continue to await his return.

This is the result of mandatory minimum sentencing and a glimpse into the future Harper vision for Canada if we ever give him a majority.



Anne-Marie Ventura
said
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If jails are made in order to protect society from dangereous criminals, then it seems to me that Robert Latimer is in the wrong place, since his being free hardly represents a danger to society.

That he refused to say in front of the parole board what they wanted to hear is all to his honor. Shame on this punitive and inflexible justice system with its power-tripping little dictators and the whole lobby for the so-called protection of disabled people who, by the way, were certainly not there when he and his family needed help in the care of their poor daughter!



Marc
said
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The comments in support of Robert Latimer in this article are right on. A lot of people apparently don't understand what compassion is. This is a situation in the grey zone of our legal system as it is definitely not black and white. The parole board is out of touch with reality in expecting Robert Latimer to express remorse when doing what he did required extreme courage and conviction. Be real, he DEFINITELY didn't do this to hurt his daughter. He was in fact protecting her through his actions as he wanted to end her pain and suffering. A susbstantial portion of the population understands this (those with empathy and compassion do anyway). Our medical system goes overboard extending lives without due regard for quality of life. Apparently the people on the parole board don't actually reflect all of the views of the population of the country. This man is of no risk to society.


Wayne
said
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The decision to deny Robert Latimer day parole was totally unjust, unfair and unrealistic. I admire the fact that he did not just say the pretty words to satisfy the board. Obviously he has shown his moral fibre when he knew what the possible outcome would be. He stood his ground and let his conscience be his guide. It's strange how we persecute people for standing up for what they believe in and take responsibility for their actions but we let rapists out to re-offend just because they know how to play the system. Good for you Robert and don't back down to those do-gooding morons who abuse the power of the position they have.


Bill F
said
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What kind of life would that girl have led? She had the mental capacity of a 3 month old child while being 12 herself. She had a debilitating painful disease, which she could not even express to others how she was doing. From what we are told, she probably did not even have the mental capacity to understand life and death.

People who can function in society deserve all the support we can give them, and they can definitely live meaningful lives. But there are some diseases that are crippling to no extent, and do not offer very much hope in future recovery. This case is a perfect example of this.

The justice system IS rigid to provide fairness when dealing with crimes. Many people do not see what Latimer did as a crime. Me being one of them.

Im not suggesting we should kill all people with crippling illnesses, because if that were true, I would be dead. But we must treat every case like this with care, and understand that the justice system is not perfect.


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