R. v. Latimer (1997)
| R v Latimer | |
|---|---|
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| Hearing: November 27, 1996 Judgment: February 6, 1997 |
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| Full case name | Robert W Latimer v Her Majesty The Queen |
| Citations | [1997] 1 SCR 217, 1997 CanLII 405, 142 DLR (4th) 577, [1997] 2 WWR 525, 112 CCC (3d) 193, 41 CRR (2d) 281, 4 CR (5th) 1, 152 Sask R 1 |
| Docket No. | 24818 |
| Prior history | Judgment for the Crown in the Court of Appeal for Saskatchewan |
| Ruling | Conviction overturned, new trial ordered |
| Holding | |
| Section 10(a) of the Charter requires that one be made aware of the seriousness of the situation; Section 10(b) is not breached when one is not told of a means of accessing duty counsel that is not available at the time | |
| Court Membership | |
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Chief Justice: Antonio Lamer Puisne Justices: Gérard La Forest, Claire L'Heureux-Dubé, John Sopinka, Charles Gonthier, Peter Cory, Beverley McLachlin, Frank Iacobucci, John C. Major |
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| Reasons given | |
| Unanimous reasons by | Lamer C.J. |
R v Latimer [1997] 1 S.C.R. 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 detention and rights to counsel under section 10. The Supreme Court ultimately overturned Latimer's conviction due to the Crown's improper actions at the jury selection stage. As a result, the decision was the first given by the Supreme Court in the Latimer case, the second being R. v. Latimer (2001) on cruel and unusual punishment under section 12 of the Charter.
Latimer, who had poisoned his 12-year-old quadriplegic daughter with carbon monoxide in 1993, became the target of the police's suspicion after Tracy's autopsy. The police then visited Latimer's farm and detained him. The police had said they wanted to talk with Mr. Latimer, and he got into the car with them. An officer then told Latimer he was in a serious situation, he was being detained due to Tracy's death, and that Latimer had a right to counsel and legal aid. Latimer replied that he understood but declined to contact a lawyer immediately. He also wanted to put on different clothes, and the police let him, but they told him they would walk with him into the house as he was now in their custody. During the questioning, the police told Latimer once again that he had rights to counsel and a right to silence, and he declined to ask for a lawyer. After an officer said he was convinced Latimer had killed his daughter, Latimer confessed. He was then charged with murder, after writing a confession that he was told could lead to a murder charge.
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