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R v Latimer, [2001] 1 SCR 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.
This case caused a national controversy concerning the definition and ethics of euthanasia as well as the rights of people with disabilities, [1] and resulted in two Supreme Court decisions, R. v. Latimer (1997), on section 10 of the Canadian Charter of Rights and Freedoms, and later R. v. Latimer (2001), concerning cruel and unusual ...
In R. v. Latimer (2001), the Supreme Court of Canada affirmed that to charge a jury with respect to the defence of necessity there must be an air of reality for all three aspects of necessity. The court further affirmed that the defence of necessity is not available to a defendant when (1) the killing occurred when there was no imminent danger ...
The section has generated some case law, including the essential case R. v. Smith (1987), in which it was partially defined, and R. v. Latimer (2001), a famous case in which Saskatchewan farmer Robert Latimer protested that his long, mandatory minimum sentence for the murder of his disabled daughter was cruel and unusual. The section states: 12.
Case name Argued Decided McLachlin L'Heureux-Dubé Gonthier Iacobucci Major Bastarache Binnie Arbour LeBel R. v. Latimer, [2001] 1 S.C.R. 3; 2001 SCC 1 : June 14, 2000 ...
In R. v. Latimer, 2001 SCC 1, [33] the Supreme Court discussed jury nullification and indicated that it is a duty of the presiding justice to try to prevent it from occurring. Perhaps the most famous cases of jury nullification in Canada were the various trials of Henry Morgentaler , who openly operated a private abortion clinic in violation of ...
R v Latimer, [1997] 1 SCR 217, 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. The case involved consideration of arbitrary detention under section 9 of the Canadian Charter of Rights and Freedoms and rights to an explanation for ...
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