Latimer Case Chronology

(30 March 2000) — The following are some key dates to remember in the Latimer case:

23 November 1980—Tracy Latimer is born.

24 October 1993—Robert Latimer murders Tracy Latimer, by gassing her with carbon monoxide in his truck.

16 November 1994—A jury convicts Robert Latimer of second degree murder.

20 February 1995—The Council of Canadians with Disabilities, the Saskatchewan Voice of People with Disabilities and People in Equal Participation are granted intervenor status in Robert Latimer's appeal to the Saskatchewan Court of Appeal.

23 February 1995—Robert Latimer's appeal is heard in the Saskatchewan Court of Appeal.

18 July 1995—The Saskatchewan Court of Appeal, in a 2 to 1 decision upholds Robert Latimer's second degree murder conviction and his sentence (life with no opportunity for parole for 10 years).

25 October 1995—It is revealed that at the request of Battleford prosecutor Randy Kirkham in November 1994 the RCMP interviewed prospective jurors about their beliefs on religion, abortion and mercy killing. This calls into question whether or not Latimer received a fair hearing before an impartial jury.

27 June 1996—The Globe and Mail reports that Randy Kirkham has been charged with attempting to obstruct justice.

12 September 1996—The media reports that the Supreme Court of Canada will hear Robert Latimer's appeal on 27 November 1996. CCD determines that it cannot intervene in this case because it does not have a unique perspective on any of the grounds being argued at the Supreme Court.

16 October 1996—CCD begins to publish the CCD Latimer Watch to present the disability community's perspective on fundamental human rights.

27 November 1996—Members of the community of persons with disabilities observe the proceedings of Robert Latimer's Supreme Court Appeal.

6 February 1997—The Supreme Court of Canada sets aside Robert Latimer's conviction of second degree murder because there were irregularities in the jury selection process. However, the court upholds Latimer's confession.

27 October 1997—Robert Latimer's second trial for the murder of Tracy Latimer begins. Representatives of the Saskatchewan Voice of People with Disabilities, and other people with disabilities, are present in the court to observe the proceedings

5 November 1997—A second jury finds Robert Latimer guilty of second degree murder. The jury recommends that Latimer be eligible for parole after one year, despite the fact that the Criminal Code stipulates eligibility after 10 years of incarceration.

1 December 1997—Judge Ted Noble grants Robert Latimer a constitutional exemption. Rather than serving the mandatory sentence for second degree murder Noble's sentence would see Latimer serving less than two years.

17 December 1997—The Saskatchewan Crown seeks to appeal the constitutional exemption handed down by Judge Noble.

13 January 1998—The Council of Canadians with Disabilities, Saskatchewan Voice of People with Disabilities, People First Canada, Canadian Association for Community Living, the DisAbled Women's Network Canada and People in Equal Participation agree to apply jointly in Robert Latimer's appeal to the Saskatchewan Court of Appeal.

19 October 1998—Robert Latimer's appeal is heard by the Saskatchewan Court of Appeal and the disability community's lawyer, Bob Richards, makes a twenty minute presentation to the Court, which presents the court with the disability rights perspective.

23 November 1998—The Saskatchewan Court of Appeal set aside the Constitutional exemption given to Robert Latimer by Justice Ted Noble and upheld the mandatory sentence for second degree murder.

February 1999—Robert Latimer files leave to appeal to the Supreme Court of Canada. His appeal puts forward the following questions to the Supreme Court:

Issue #1—Did the Saskatchewan Court of Appeal err in law in the interpretation of the constituent elements of the defense of necessity in failing to consider whether the defense is to be determined on an objective, subjective or qualified objective basis?

Issue #2—Did the Saskatchewan Court of Appeal err in law in deciding that there is no obligation on a trial judge to rule on whether a defense has met the air of reality test and would be left with the jury prior to the address of counsel?

Issue #3—Although counsel may never inform a jury of the power to nullify and the court should never encourage nullification, can a judge provide an answer to jurors that would have the effect of misleading the jury as to the power to nullify?

Issue #4—Did the learned Judge err in law in not charging the jury that they could find that Robert Latimer has the legal right to decide to commit suicide for his daughter, by virtue of he and his wife being her surrogate decision makers for all other decisions?

Issue #5—Does the Charter allow for a constitutional exemption in mandatory minimum sentencing and if so, should a constitutional exemption have been granted in the Applicant's circumstances?

14 June 2000—Robert Latimer's Supreme Court Appeal will be heard and the disability community, represented by the Council of Canadians with Disabilities, Saskatchewan Voice of the Handicapped, People in Equal Participation, People First, DisAbled Women's Network Canada, and the Canadian Association for Community Living, has been granted intervenor status.