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ROBERT LATIMER AND
THE ROYAL PREROGATIVE OF MERCY
While the
NDP appears to be badly confused on most issues, there is at least
one member of its caucus who shows rare leadership and common sense.
She is Nova Scotia MP, Wendy Lill (Dartmouth), who, on October 26,
2001, tabled a resolution in the House of Commons to provide that
in requests for the Royal Prerogative of Mercy, the principle that
the lives of persons with disabilities be treated equally under
the law. (Ms. Lill is the mother of a disabled daughter.)
During the
debate on the bill, Ms. Lill made clear that her resolution springs
directly from the proposals of the legal team for Robert Latimer,
who was imprisoned for 10 years for killing his 12-year-old disabled
daughter, Tracy. Mr. Latimer's legal team recently announced it
will be requesting Mr. Latimer's early release from prison by way
of requesting that the Royal Prerogative of Mercy (S.749 of the
Criminal code) be invoked.
Ms. Lill stated,
at page 6628 of Hansard (October 26, 2001) as follows:
…
The minimum sentence of 10 years was upheld for Robert Latimer
for taking the life of his daughter Tracy, but unfortunately his
painful story does not seem to be over. Although a special request
for clemency has not yet been filed, robertlatimer.com, the friends
of the family website, has announced that an application for clemency
will be coming in the near future.
The Canadian
Civil Liberties Association is actively circulating a petition
calling for the release of Robert Latimer under the Royal Prerogative
of Mercy section of the criminal code.
My motion
today calls upon cabinet to think long and hard about granting
any Royal Prerogative of Mercy, which will decrease the level
of security of persons with disabilities. I believe the real message
that cabinet would be sending if it reduces Latimer's sentence
is that murdering a person with a disability is not as serious
a crime, ergo persons with disabilities are not equal under the
law. …
Ms. Lill continues
at page 6629 of Hansard:
…
If clemency is to be used in the Latimer case, a message is sent
to the thousands of caregivers, who vulnerable people rely on
for their basic existence, that the consequences of unilaterally
deciding to harm someone in a person's care will be different
if it is believed it is in that person's best interest.
The Canadian
Civil Liberties Association (CCLA) Petition
The Canadian
Civil Liberties Association (CCLA) presented a petition in December
with more than 60,000 to the office of Solicitor General Lawrence
MacAulay demanding clemency for Robert Latimer and an end to mandatory
minimum prison sentences.
This petition
received broad coverage by the Canadian Press and CBC and newspapers
across the country. Interestingly, a petition with over 31,500 signatures
against granting Latimer clemency was ignored by the media. On November
29, the Euthanasia Prevention Coalition (EPC) presented its petition
entitled: Protecting People With Disabilities - The Supreme Court
of Canada Latimer Decision to Liberal MP Paul Steckle (Huron-Bruce,
Ontario).
The Royal
Prerogative of Mercy
S. 749 of
the Criminal Code allows the Royal Prerogative of Mercy to be applied
in exceptional cases where considerations of justice, humanity and
compassion override the normal administration of justice.
There is a
requirement that there be evidence of substantial injustice or undue
hardship out of proportion to the nature of the offence or undue
hardship out of proportion to the nature of the offence or the intended
consequences.
Undoubtedly, supporters of Mr. Latimer will emphasize Mr. Latimer's
belief that he was providing "mercy" or relief from his
child's suffering (i.e., killing her out of "love") and
the tremendous hardship in caring for Tracy. Latimer's supporters
will also emphasize the hardship caused to Mr. Latimer's wife and
surviving children, struggling to keep their farm and livelihood
in the absence of their husband and father.
It is noteworthy,
however, that the Royal Prerogative of Mercy is supposed to be concerned
only with the applicant (Latimer), not the circumstances of others,
such as his family or others in the community. There is no way of
determining, however, the actual factors that may trigger the Royal
Prerogative of Mercy.
If a clemency
is granted to Mr. Latimer, it would likely take the form of a conditional
pardon, resulting in release from prison, under the supervision
of a parole officer. The guilty verdict would still stand, but Mr.
Latimer would continue to serve his sentence under conditions of
parole supervision and monitoring in the community. It would seem
that this would be the best hope for the supporters of Latimer to
achieve.
The Process
of Applying the Royal Prerogative of Mercy
The procedure
to be followed by Mr. Latimer's lawyer for the exercise of the Royal
Prerogative of Mercy is as follows:
- Mr. Latimer's
lawyer, the prominent (and expensive) Toronto lawyer, Edward Greenspan,
will make a request to the Solicitor General, Laurence MacAulay,
for the exercise of the Royal Prerogative of Mercy.
- Mr. Macauley
will then forward the request to the Chairperson of the National
Parole Board, Mr. Ian Glen, requesting the Board's recommendations
on the matter. (It will take about six months to get a reply from
the National Parole Board.)
- The Solicitor
General, Mr. MacAulay, will then take the Parole Board's recommendations
before the Cabinet for a final decision.
The Cabinet
may then exercise the Royal Prerogative of Mercy on the advice of
Solicitor General MacAulay or, surprisingly, according to correspondence
recently received from Justice Minister Anne McLellan, on the advice
of either the Solicitor General or of "at least one other Minister."
This latter provision creates an unexpected turn, to say the least.
Does Ms. McLellan mean that only one Cabinet Minister's approval
is necessary to exercise the prerogative? We hope not. REAL Women
has written to Justice Minister Anne McLellan, requesting a clarification
of this important point. We will let you know her response.
In the meantime,
the struggle to protect the rights and dignity of Canada's disabled
citizens is now to begin once again. We must argue that any clemency
for Mr. Latimer would be highly detrimental to the disabled. This
struggle will be an ongoing one with the power to provide clemency
to Mr. Latimer resting in the hands of a handful of individuals
- the Parole Board and the Cabinet, especially Solicitor General
MacAulay.
Please begin
by writing to Mr. MacAulay expressing your concerns about the exercise
of the Royal Prerogative of Mercy in Mr. Latimer's case. His address
is as follows:
The
Hon. Lawrence MacAulay
Solicitor General
Sir Wilfred Laurier Bldg, 13th Floor
340 Laurier Avenue West
Ottawa, ON K1A 0P8
Tel.
(613) 991-2924
Fax: (613) 952-2240
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