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<v Speaker 1>Wilkie, Saskatchewan, sits in the heart of Canada's prairie farmland,

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<v Speaker 1>about one hundred and sixty kilometers northwest of Saskatoon. It

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<v Speaker 1>was named after Daniel Robert Wilke, president of the Imperial

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<v Speaker 1>Bank of Canada, and was officially incorporated as a town

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<v Speaker 1>on the sixth of January nineteen eleven. The Canadian Pacific

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<v Speaker 1>Railway chose it as a hub for four branch lines

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<v Speaker 1>and nicknamed it the Pivot of the Canadian West. In

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<v Speaker 1>the years that followed, Wilkie became exactly what prairie towns

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<v Speaker 1>were meant to be, a place where farming families worked

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<v Speaker 1>the land and where neighbors helped neighbors bring in the harvest.

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<v Speaker 1>The railway brought prosperity, and grain elevators dominated the skyline.

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<v Speaker 1>Young Men left to fight in two World Wars, their

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<v Speaker 1>names edged on the cenotaph in Memorial Park. The dust

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<v Speaker 1>Bowl of the nineteen thirties tested the communities resolve, but

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<v Speaker 1>the town injured. By the early nineteen nineties, population had

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<v Speaker 1>stabilized at around fifteen hundred people. The railway had long

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<v Speaker 1>since scaled back operations. Agriculture remained the economic foundation as

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<v Speaker 1>it always had been. RCMP Corporal Terry Wasniak said of

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<v Speaker 1>the area, it's a very nice community. It's a very

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<v Speaker 1>tightly knit community. They all know each other. About a

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<v Speaker 1>half hour drive from the town at the Latimer Farm,

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<v Speaker 1>a sprawling twelve hundred and eighty acre operation where Robert

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<v Speaker 1>and Laura Latimer raised their four children. Their eldest daughter, Tracy,

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<v Speaker 1>was severely disabled and required constant care. On the morning

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<v Speaker 1>of Sunday, the twenty fourth of October nineteen ninety three,

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<v Speaker 1>Laura prepared to take three of the children to church

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<v Speaker 1>in Wilke. Robert stayed behind on the farm with Tracy.

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<v Speaker 1>He told Laura he had work to do. The family

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<v Speaker 1>left for church shortly before ten o'clock. It was around

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<v Speaker 1>eleven thirty am when they returned home. When they arrived,

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<v Speaker 1>Robert was their waiting. Everything seemed normal, nothing to suggest

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<v Speaker 1>anything was wrong. Robert Latimer was born on the thirteenth

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<v Speaker 1>of March nineteen fifty three in the area around Wilke.

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<v Speaker 1>Farming was in his blood. In nineteen seventy six, when

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<v Speaker 1>he was just twenty three years old, he brought the

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<v Speaker 1>family form from his father. It was a sprawling twelve

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<v Speaker 1>hundred and eighty acre operation growing wheat and canola, located

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<v Speaker 1>about half an hour drive from the town of Wilkee.

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<v Speaker 1>The work was hard, the hours were long, but it

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<v Speaker 1>was honest work. In nineteen seventy eight, Robert married Laura,

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<v Speaker 1>a former teacher from British Columbia. She was intelligent, kind

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<v Speaker 1>and shared Robert's values of hard work and family. Together

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<v Speaker 1>they built a life on that farm. Their first child

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<v Speaker 1>arrived on the twenty third of November nineteen eighty. They

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<v Speaker 1>named her Tracy Lynn Latimer. She was born at the

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<v Speaker 1>hospital in North Battleford, around fifty kilometers from the form

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<v Speaker 1>It should have been a routine delivery, but something went

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<v Speaker 1>seriously wrong. During the birth. Tracy's heart stopped beating. The

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<v Speaker 1>hospital's fatal heart monitor, the device that would have alerted

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<v Speaker 1>doctors to Tracy's distress, was broken. By the time medical

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<v Speaker 1>staff realized what was happening, Tracy had been deprived of oxygen,

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<v Speaker 1>brain cells were dying. Damage was being done that could

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<v Speaker 1>never be undone. The doctors managed to revive her, but

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<v Speaker 1>Tracy began having seizures almost immediately. She was rushed by

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<v Speaker 1>ambulance to the Royal University Hospital, where specialists work to

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<v Speaker 1>reduce the swelling in her brain and control the seizure activity. Eventually,

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<v Speaker 1>with medication, the seizure seemed manageable. Robert and Laura took

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<v Speaker 1>their daughter home, but the oxygen deprivation at birth had

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<v Speaker 1>caused severe cerebral palsy. Cerebral palsy in itself isn't fatal,

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<v Speaker 1>nor does it worsen, but the diagnosis would divine Tracy's

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<v Speaker 1>entire life. Doctor Richard Snyder described Tracy as among the

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<v Speaker 1>ten percent of people who have the most severe form

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<v Speaker 1>of the affliction. Children with her severity of cerebral palsy

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<v Speaker 1>often die before the age of five, and only about

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<v Speaker 1>half are still alive by the age of ten. Tracy

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<v Speaker 1>would never walk or talk. She had little to know

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<v Speaker 1>voluntary control of her muscles. Her tiny body would remain

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<v Speaker 1>forever frozen in a state of dependency. She wore in

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<v Speaker 1>continence pants. She required constant care. Laura later said she

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<v Speaker 1>cried every night for the first five years of Tracy's life.

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<v Speaker 1>Tracy's intellectual development was also profoundly affected. By this time

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<v Speaker 1>she was twelve years old, Tracy had the mental capacity

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<v Speaker 1>of a three month old baby. She couldn't speak and

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<v Speaker 1>needed to be hand fed, but Robert and Laura didn't

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<v Speaker 1>give up on their daughter. They provided what her doctors

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<v Speaker 1>would later describe as excellent care. They learned to read

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<v Speaker 1>Tracy's needs, to interpret her expressions, to understand what brought

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<v Speaker 1>her comfort and what caused her distress. They adapted their

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<v Speaker 1>lives around her care, lifting her, bathing her, feeding her,

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<v Speaker 1>loving her in the only way they knew how. The

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<v Speaker 1>family doctor, Kissing Barrow, said of Tracy she could smile

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<v Speaker 1>at times. He'd been their doctor for ten years, but

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<v Speaker 1>said he wasn't sure if Tracy ever recognized him. In

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<v Speaker 1>nineteen eighty three, the Latimers had a second child, a

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<v Speaker 1>son they named Brian. In nineteen eighty five, they welcomed

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<v Speaker 1>their third child, Lindsey, and in August of nineteen ninety three,

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<v Speaker 1>their fourth child, another son named Lee, was born. While

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<v Speaker 1>Laura was pregnant with Lee, Tracy stead at a group

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<v Speaker 1>home for the summer. The respite care helped to take

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<v Speaker 1>the pressure off Laura, who gave birth a few weeks

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<v Speaker 1>before Tracy came back home. One of the social workers there,

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<v Speaker 1>Cathy Johnson, suggested that Tracy be placed in the group

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<v Speaker 1>home permanently, but Robert refused. She later recalled he didn't

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<v Speaker 1>feel it was urgent. Back at home, the household was busy,

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<v Speaker 1>and Tracy was at the center of it all, requiring

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<v Speaker 1>more attention, more care, more patience than any of her siblings.

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<v Speaker 1>Tracy attended school regularly in Wilkie, enrolled in a developmental

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<v Speaker 1>program alongside her brothers and sister. She traveled on the

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<v Speaker 1>school bus in a specialized wheelchair. Teachers and aides who

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<v Speaker 1>worked with Tracy described her smile, her love of music,

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<v Speaker 1>her reaction to horses at the circus. Those who knew

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<v Speaker 1>her said she responded the visits by her family, her

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<v Speaker 1>face lighting up, looking happy to see them. She loved

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<v Speaker 1>special days and events at school. She enjoyed aquatics, pet therapy, bombfires,

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<v Speaker 1>watching television, especially the hockey. She spent time outdoors with

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<v Speaker 1>her peers, enjoying walks, sleigh rides, and waener roasts. Those

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<v Speaker 1>who knew Tracy said she showed her life and dislikes,

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<v Speaker 1>and smiled and laughed with others, But beneath those moments

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<v Speaker 1>of joy led a dark reality. Tracy lived in constant pain.

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<v Speaker 1>She had seizures, breathing and swallowing difficulties. She went through

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<v Speaker 1>a stage of vomiting every single day. During her life,

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<v Speaker 1>she underwent multiple surgeries when she was for her muscles

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<v Speaker 1>and tendons in her hips were cut into and she

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<v Speaker 1>was left with a flail limb she could no longer move.

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<v Speaker 1>The purpose was to strengthen them, but Tracy could only

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<v Speaker 1>move her head in one arm. Other surgeries were to

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<v Speaker 1>grex severe scoliosis, in which two stale rods were inserted

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<v Speaker 1>into her back to stabilize her pain. That surgery allowed

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<v Speaker 1>Tracy to sit up, but only in a rigid position.

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<v Speaker 1>She suffered extreme pain because her hip kept dissocating. Each

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<v Speaker 1>operation brought its own recovery period, its own agony. By

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<v Speaker 1>nineteen ninety three, Tracy's right hip had become dislocated. It

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<v Speaker 1>had been now a place for months, causing excruciating pain.

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<v Speaker 1>Her only way to express pain was to cry. Her

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<v Speaker 1>orthopedic surgeon, doctor Druce, would later recall what she observed

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<v Speaker 1>during Tracy's medical visits. She recalled seing Laura holding Tracy's

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<v Speaker 1>right leg in a fixed flexed position with her knee

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<v Speaker 1>in the air. Any time anyone tried to move that leg,

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<v Speaker 1>Tracy would cry out in pain. The problem was that

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<v Speaker 1>Tracy couldn't take painkillers. The anti seizure medication she required

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<v Speaker 1>to control her violent seizures meant that standard pain medication

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<v Speaker 1>was off the table. Combining the two could lead to

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<v Speaker 1>renewed seizures, stomach bleeding, constipation, aspiration, and aspiration pneumonia. Her father,

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<v Speaker 1>Robert would later say the family wasn't aware of any

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<v Speaker 1>medication other than taylan All that could be safely administered

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<v Speaker 1>to Tracy. Doctors had suggested inserting a fading tube into

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<v Speaker 1>Tracy's stomach. It might have allowed more effective pain medication

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<v Speaker 1>to be administered. It might have improved her nutrition and health,

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<v Speaker 1>but Robert and Laura found the idea too intrusive, so

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<v Speaker 1>they declined. Then, in October of nineteen ninety three, doctor

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<v Speaker 1>Druce delivered more difficult news. Further surgery was necessary. Tracy's

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<v Speaker 1>disslocated right hip had to be addressed. Depending on the

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<v Speaker 1>state of her hip joint, the procedure might be a

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<v Speaker 1>hip reconstruction, or it might involve something more drastic, removing

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<v Speaker 1>the upper part of her thigh bone entirely, leaving her

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<v Speaker 1>leg connected to her body only by muscles and nerves.

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<v Speaker 1>The anticipated recovery period was one year. Doctor Druce warned

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<v Speaker 1>that the post operative pain would be incredible. The only

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<v Speaker 1>short term solution would be an epidural to uneas the

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<v Speaker 1>tize the lower part of Tracy's body while she was

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<v Speaker 1>still in hospital. After that, Tracy would face months of agony,

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<v Speaker 1>and the doctor made it clear this wouldn't be the end.

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<v Speaker 1>Further surgeries would be likely required in the future to

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<v Speaker 1>address pain emanating from various joints throughout Tracy's small body.

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<v Speaker 1>The surgery was scheduled for the nineteenth of November nineteen

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<v Speaker 1>ninety three. Robert and Laura faced an impossible choice. Their

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<v Speaker 1>daughter was in constant pain. The upcoming surgery promised only

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<v Speaker 1>more pain, more suffering, more mutilation of her small, broken body,

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<v Speaker 1>and at the end of it all, Tracy would still

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<v Speaker 1>be trapped, still unable to walk, talk, or live independently.

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<v Speaker 1>She would still be suffering. Laura would later say she

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<v Speaker 1>told Robert she thought that Tracy would be better off

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<v Speaker 1>if she died. She even mentioned doctor Jack Ofvorkiane, the

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<v Speaker 1>American pathologist known for assisting terminally ill patients in ending

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<v Speaker 1>their lives. She recollected she was just sitting in her

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<v Speaker 1>wheel chair, slumped all the time. She had lost interest

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<v Speaker 1>in what was going on around her. I never saw

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<v Speaker 1>her sleep. The Latimers knew that children with Tracy's condition

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<v Speaker 1>typically had a short life expectancy. Doctor Kemp, the family doctor,

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<v Speaker 1>believed that Tracy could live into her four days, but

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<v Speaker 1>the quality of her life was another matter entirely. On

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<v Speaker 1>the morning of Sunday, the twenty fourth of October nineteen

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<v Speaker 1>ninety three, Laura prepared to take Brian, Lindsay, and Baby

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<v Speaker 1>Lee to church in Wilkie. It was a routine Sunday.

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<v Speaker 1>Robert stayed behind on the farm with Tracy. He told

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<v Speaker 1>Laura he had work to do. The family left for

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<v Speaker 1>church shortly before ten o'clock. Laura settled in to appew

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<v Speaker 1>with the three children, Baby Lee quiet in her arms.

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<v Speaker 1>The service proceeded as it always did. The congregation movie

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<v Speaker 1>through prayers and songs of richeal. They performed countless Sundays before.

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<v Speaker 1>Back at the farm, Robert remained alone with Tracy. Round

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<v Speaker 1>eleven thirty, Laura and the children returned home. The drive

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<v Speaker 1>from Wilkie took about thirty minutes, the truck bumping along

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<v Speaker 1>the rural roads When they arrived, Robert was there waiting.

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<v Speaker 1>Laura busied herself in the kitchen preparing lunch for the family.

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<v Speaker 1>The children played. Baby Lee needed attention. It wasn't until

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<v Speaker 1>later that Laura went to check on Tracy. She walked

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<v Speaker 1>into her daughter's bedroom and approached the bed. Tracy was

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<v Speaker 1>lying there, perfectly still, too still, Laura reached out to

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<v Speaker 1>touch her. Tracy's body was cold. Laura's scream brought Robert

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<v Speaker 1>running together. They stood over their daughter's bed, staring at

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<v Speaker 1>the small, motionless form. Tracy appeared peaceful, as if she'd

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<v Speaker 1>simply slipped away in her sleep. There were no signs

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<v Speaker 1>of distress, no indication of struggle. Their eldest daughter was gone.

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<v Speaker 1>They called paramedics and police detectives arrived at the family's

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<v Speaker 1>farmhouse to speak with Robert. He was emotional as he

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<v Speaker 1>explained what had happened. Tracy must have died in her sleep.

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<v Speaker 1>He said she'd been in her bed all morning while

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<v Speaker 1>the family were at church. When Laura checked on her

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<v Speaker 1>after they returned, she had already passed away. It was tragic,

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<v Speaker 1>but perhaps not entirely unexpected. Tracy's condition had been severe,

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<v Speaker 1>her life expectancy was uncertain these things happened, especially with

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<v Speaker 1>children as medically fragile as Tracy. Robert then made two requests.

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<v Speaker 1>He wanted to have Tracy cremated as quickly as possible,

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<v Speaker 1>and he asked that an autopsy not be performed. Constable

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<v Speaker 1>Nick Hardle listened carefully. Something didn't sit right with him.

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<v Speaker 1>Those requests were unusual. The circumstances felt off. He couldn't

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<v Speaker 1>put his finger on exactly what was wrong, but his

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<v Speaker 1>instincts were screaming at him. He began to suspect that

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<v Speaker 1>Tracy had been killed by her own father in a

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<v Speaker 1>mercy killing. Robert was informed that an autopsy would need

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<v Speaker 1>to be conducted. There was no way round it. When

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<v Speaker 1>a child dies suddenly at home, an autopsy's standard procedure,

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<v Speaker 1>even if that child was sick. The Constable then warned

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<v Speaker 1>the coroner to be aware of the possibility when examining

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<v Speaker 1>Tracy's body, to look for signs to be thorough. The

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<v Speaker 1>autopsy was performed on the first of November. The RCMP

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<v Speaker 1>received the toxicology reports. Tracy hadn't died in her sleep,

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<v Speaker 1>She had died from carbon monoxide poisoning. Her blood was

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<v Speaker 1>eighty percent saturated with carbon monoxide. A fifty percent saturation

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<v Speaker 1>is life life threatening. Tracy's level was far beyond that.

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<v Speaker 1>The sudden death investigation was reclassified to homicide. Whatever had

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<v Speaker 1>happened on that Sunday morning, while Laura and the children

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<v Speaker 1>were at church, whatever Robert had done while he was

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<v Speaker 1>alone with his daughter, the truth was about to come out.

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<v Speaker 1>On the fourth of November, a week after Tracy's death,

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<v Speaker 1>two planes closed RCMP officers knocked on the door of

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<v Speaker 1>the Latimer farmhouse. Sergeant Comlin and Sergeant Lyons asked Robert

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<v Speaker 1>to come back to North Battleford with them for questioning.

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<v Speaker 1>When confronted with the toxicology report, Robert Latimer confessed. He

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<v Speaker 1>said he had killed his daughter at around ten thirty

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<v Speaker 1>in the morning. Robert said he had carried his twelve

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<v Speaker 1>year old daughter from her warm bed, Tracy Wedge just

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<v Speaker 1>thirty eight pounds, her small body led in his arms.

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<v Speaker 1>He took her outside and placed her in the cab

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<v Speaker 1>of his Chevy pickup truck, the same truck that had

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<v Speaker 1>taken her to school countless times, to camping trips, to

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<v Speaker 1>medical appointments. He propped Tracy up with some old rags

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<v Speaker 1>he had taken from his storage shed. Then he closed

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<v Speaker 1>the door. Robert had spent the previous days preparing. He

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00:17:27.200 --> 00:17:31.680
<v Speaker 1>had considered other methods a volume overdose, shooting her in

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<v Speaker 1>the head and burning her body, but he settled on this.

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<v Speaker 1>He attached a hose to the truck's exhaust pipe and

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<v Speaker 1>fed it through a narrow opening in the CAB's rear window.

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<v Speaker 1>He then started the engine. In seconds, the enclosed space

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<v Speaker 1>began filling with carbon monoxide. Robert climbed into the truck box.

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<v Speaker 1>He sat on a tire in the back and watched

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<v Speaker 1>through the rear window. He watched his daughter for at

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00:17:57.480 --> 00:18:02.200
<v Speaker 1>least thirty minutes, timing it carefully. He later told police,

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<v Speaker 1>I was timing all this stuff. I was sitting there

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<v Speaker 1>watching through the back window. He said the detectives that

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<v Speaker 1>if Tracy had started to cry, he would have taken

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<v Speaker 1>her out, but she didn't. In his words, she just

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<v Speaker 1>fell asleep. Tracy Latimer died from carbon monoxide poisoning while

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<v Speaker 1>her mother and siblings sat in church pews singing hymns praying,

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<v Speaker 1>unaware that everything was just about to change. When Robert

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<v Speaker 1>was certain that Tracy was dead, he turned off the

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00:18:32.319 --> 00:18:36.559
<v Speaker 1>engine and disconnected the hose. He carried Tracy's body back

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<v Speaker 1>into the farmhouse and placed her in the bed, positioning

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<v Speaker 1>her carefully so it would appear that she had died

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<v Speaker 1>in her sleep. He put away his paraphernalia. The hose

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<v Speaker 1>would later be burned. Then he waited. Later that morning,

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<v Speaker 1>Laura and the children returned from church. Laura made lunch,

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00:18:55.400 --> 00:18:59.079
<v Speaker 1>and then she found her daughter dead in bed. Laura

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<v Speaker 1>believed that Tracy had died in her sleep, a tragic

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00:19:02.279 --> 00:19:06.079
<v Speaker 1>but perhaps merciful and to years of suffering. She had

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<v Speaker 1>no idea what her husband had done, no idea that

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00:19:09.200 --> 00:19:13.039
<v Speaker 1>their daughter had been killed. Robert told detectives that his

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<v Speaker 1>actions were motivated by love for Tracy and a desire

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<v Speaker 1>to end her pain. He described the medical treatments that

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<v Speaker 1>Tracy had undergone and was scheduled to undergo as mutilation

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<v Speaker 1>and torture. He asked, with the combination of a fading tube,

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00:19:28.000 --> 00:19:30.759
<v Speaker 1>rods in her back, the leg cut and flopping around,

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<v Speaker 1>and bed sores, how can people say she was a

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<v Speaker 1>happy little girl. RCMP Sergeant Bob Conlin had heard from

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<v Speaker 1>almost everybody who knew the family that Robert dedicated his

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<v Speaker 1>entire life to his daughter. He told him cry if

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<v Speaker 1>you want, it's okay, and Robert did cry. At the

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00:19:50.960 --> 00:19:53.400
<v Speaker 1>end of the confession, he turned down offers of counseling.

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<v Speaker 1>He then drew a sketch of an elaborate series of

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<v Speaker 1>pipes and hoses used to vent the truck's exhaust fumes

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<v Speaker 1>into the cab. After the confession, detectives returned to video

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<v Speaker 1>of the crime scene with Robert present. He pointed out

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00:20:08.079 --> 00:20:10.960
<v Speaker 1>the truck, the rags, and how he positioned his daughter.

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<v Speaker 1>He then broke down as he said, my priority was

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<v Speaker 1>to put her out of pain. I'm much happier for

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<v Speaker 1>her now. The next day, Robert was charged with the

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00:20:28.720 --> 00:20:33.079
<v Speaker 1>first degree murder of Tracy. His defense attorney applied for Baale.

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<v Speaker 1>He provided the court with an affi David from the

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00:20:35.920 --> 00:20:39.000
<v Speaker 1>family's doctor, saying that he was mentally well and not

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00:20:39.079 --> 00:20:42.880
<v Speaker 1>a danger to his family. His wife also provided one,

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00:20:43.079 --> 00:20:46.680
<v Speaker 1>expressing her wishes for her husband to return home. His

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<v Speaker 1>defense attorney, Richard Gibbons, said that while some people might

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<v Speaker 1>conclude that Robert was a monster, that wasn't the case.

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<v Speaker 1>He said that Robert wasn't trying to be a murder

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<v Speaker 1>and pointed out that a person facing first degree murder

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<v Speaker 1>charges could be convicted of the less serious charge of

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00:21:02.759 --> 00:21:06.160
<v Speaker 1>second degree murder. He refused to refer to the case

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<v Speaker 1>as a mercy killing and said he hadn't discovered a

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00:21:09.000 --> 00:21:13.720
<v Speaker 1>similar case in Canada. He said the subtle and complex

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00:21:13.799 --> 00:21:18.960
<v Speaker 1>human issues have been overlooked. He said specifically, people should

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00:21:19.000 --> 00:21:23.039
<v Speaker 1>realize the strained stresses and tremendous pressure experienced by a

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00:21:23.079 --> 00:21:27.960
<v Speaker 1>family caring for a person with multiple handicaps. He revealed

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00:21:27.960 --> 00:21:30.400
<v Speaker 1>as well that much of the Wilkie community was supporting

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00:21:30.480 --> 00:21:34.119
<v Speaker 1>Robert in the family, each person had their own personal

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00:21:34.200 --> 00:21:38.119
<v Speaker 1>views of the ethics and morality of the situation. Then,

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<v Speaker 1>on the thirteenth of November, Robert was released from jail.

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<v Speaker 1>He was required to put up ten thousand dollars worth

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<v Speaker 1>of property to the court. This is similar to posing

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00:21:47.640 --> 00:21:50.680
<v Speaker 1>a cash bond, which is then forfeitted if the person

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00:21:50.720 --> 00:21:54.960
<v Speaker 1>doesn't return to court the next week. Gibbons quit as

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00:21:55.039 --> 00:21:59.640
<v Speaker 1>Robert's defense attorney and he hired Mark Breefort. He said

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<v Speaker 1>that Robert but was going to plead not guilty and

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<v Speaker 1>elect for a trial by jury. He said that if

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00:22:05.319 --> 00:22:09.039
<v Speaker 1>hypothetically the case boiled down to the accused killed his

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00:22:09.160 --> 00:22:12.319
<v Speaker 1>daughter because she was literally in a vegetive state and

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00:22:12.440 --> 00:22:16.279
<v Speaker 1>was undergoing tremendous pain. There wouldn't be a lot of

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00:22:16.359 --> 00:22:20.359
<v Speaker 1>president law to help a judge or jury. He then said,

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00:22:21.039 --> 00:22:24.039
<v Speaker 1>what superficially might appear to be a crime may not

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00:22:24.119 --> 00:22:27.240
<v Speaker 1>be once twelve jurors sit down and apply their common

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00:22:27.279 --> 00:22:30.880
<v Speaker 1>sense to it. Robert spoke with Star Phoenix the next month,

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<v Speaker 1>and he thanked the community for their support. He said

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<v Speaker 1>that people had been offering financial support as well. He said,

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<v Speaker 1>I'm not surprised with the emotional support because a lot

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00:22:41.359 --> 00:22:45.400
<v Speaker 1>of people were aware of the situation. Robert also spoke

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<v Speaker 1>with CBC radio reporter Amy Joe Ellman. He detailed all

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<v Speaker 1>of Tracy's problems and said that she was in constant pain.

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<v Speaker 1>When he was asked whether when he goes to bed

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<v Speaker 1>at night, he wished it were a year earlier before

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00:23:00.079 --> 00:23:04.759
<v Speaker 1>for his daughter's death, he replied, no, I wish. I

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<v Speaker 1>definitely wish her condition wasn't what it was. Preliminary hearing

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00:23:09.480 --> 00:23:11.400
<v Speaker 1>was held in May and it was determined that there

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00:23:11.440 --> 00:23:14.319
<v Speaker 1>was enough evidence for Robert to stand trial for the

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00:23:14.440 --> 00:23:29.640
<v Speaker 1>murder of his daughter. The case sparked widespread interest from

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00:23:29.680 --> 00:23:33.279
<v Speaker 1>advocates for the disabled and thrust Robert into the center

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00:23:33.359 --> 00:23:36.559
<v Speaker 1>of a national debate that was already raging across Canada.

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<v Speaker 1>The timing couldn't have been more significant. Just twenty four

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<v Speaker 1>days before Tracy's death, the Supreme Court of Canada had

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<v Speaker 1>delivered its decision in one of the most closely watched

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<v Speaker 1>cases in Canadian history, Rodriguez versus British Columbia, dealt with

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<v Speaker 1>the question of whether a terminally ill person had the

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<v Speaker 1>right to physician assisted suicide. Sue Rodriguez was a forty

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<v Speaker 1>two year old mother from Victoria, British Columbia. In August

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<v Speaker 1>of nineteen ninety one, she had been diagnosed with amiotrophic

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<v Speaker 1>lateral sclerosis, commonly known as ALS or leu Gering's disease.

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<v Speaker 1>It was a death sentence delivered in slow motion. The

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<v Speaker 1>disease causes progressive muscle paralysis, stealing control of the body

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<v Speaker 1>piece by piece. She knew what awaited her. She would

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<v Speaker 1>lose the ability to swallow, speak, walk, and move without assistance. Eventually,

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<v Speaker 1>she would be unable to breathe without a respirator or aid,

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<v Speaker 1>except through a fading tube inserted into her stomach. She

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<v Speaker 1>had been told she had between two and fourteen months

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<v Speaker 1>to live. Sue didn't want to wait for the disease

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<v Speaker 1>to claim her life. Neither did she want to commit

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<v Speaker 1>suicide prematurely while she was still physically able to do

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<v Speaker 1>so on her own. She wanted the right to choose

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<v Speaker 1>the timing of her death with the assistance of a physician.

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<v Speaker 1>In a videotaped address to Parliament on November twenty fourth,

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<v Speaker 1>nineteen ninety two, so he asked a question that would

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<v Speaker 1>resonate across the country. If I cannot give consent to

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<v Speaker 1>my own death, whose body is it? Who owns my life?

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<v Speaker 1>Her case challenged section two four one BAY of the

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<v Speaker 1>Criminal Code, which made it a criminal offense to assist

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<v Speaker 1>a person to commit suicide, punishable by up to fourteen

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<v Speaker 1>years in prison. She argued that the law violated her

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<v Speaker 1>constitutional rights under the Canadian Charter of Rights and Freedoms,

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<v Speaker 1>specifically her right to life, liberty and security of the person.

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<v Speaker 1>On May twentieth, nineteen ninety three, her case was heard

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<v Speaker 1>by the Supreme Court of Canada. On September thirtieth, the

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<v Speaker 1>court delivered its decision in a narrow five to one ruling.

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<v Speaker 1>The Supreme Court rejected Sue's arguments. The majority held its

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<v Speaker 1>society's obligation to preserve life and protect the vulnerable outweighed

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00:25:57.720 --> 00:26:02.400
<v Speaker 1>Sue's individual rights. However, the closeness of the decision suggested

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00:26:02.440 --> 00:26:08.680
<v Speaker 1>considerable support for decriminalizing medically assisted suicide. Several judges even

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00:26:08.720 --> 00:26:12.200
<v Speaker 1>suggested that Canada's laws might need to be changed to

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00:26:12.279 --> 00:26:17.079
<v Speaker 1>help people like Sue. Sue refused to accept defeat. On

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<v Speaker 1>the twelfth of February nineteen ninety four, with the assistance

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<v Speaker 1>of an anonymous doctor and in the presence of n

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<v Speaker 1>d P m P. S Van Robinson, who had championed

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<v Speaker 1>her cause, Sue ended her life. The Sue Rodriguez case

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<v Speaker 1>had dominated headlines for months. Most of the debate about

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<v Speaker 1>euthanasia had revolved around whether a doctor could help a

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00:26:40.279 --> 00:26:44.480
<v Speaker 1>terminally ill person die, someone who could give informed consent,

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<v Speaker 1>someone who had mental capacity to make that decision themselves.

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<v Speaker 1>Tracy Latimer's case was fundamentally different. Terresey was twelve years old.

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<v Speaker 1>She had the mental capacity of a three month old baby.

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00:26:59.039 --> 00:27:02.599
<v Speaker 1>She couldn't give consent, and she couldn't speak. She couldn't

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00:27:02.599 --> 00:27:06.799
<v Speaker 1>express a wish to die. This wasn't euthanasia or physician

389
00:27:06.839 --> 00:27:11.640
<v Speaker 1>assisted suicide. This was a father deciding unilaterally that his

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00:27:11.839 --> 00:27:16.000
<v Speaker 1>daughter's life was not worth living. For disability rights advocates,

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00:27:16.200 --> 00:27:20.519
<v Speaker 1>the Latimer case represented their worst nightmare, the dangerous idea

392
00:27:20.559 --> 00:27:23.759
<v Speaker 1>that people with disabilities were better off dead, that their

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00:27:23.799 --> 00:27:26.519
<v Speaker 1>lives had less value, that killing them could be an

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00:27:26.599 --> 00:27:31.119
<v Speaker 1>act of mercy rather than murder. The Council of Canadians

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<v Speaker 1>with Disability and People in Equal Participation immediately mobilized. They

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00:27:37.160 --> 00:27:41.880
<v Speaker 1>sought and were granted intervener status in Latimer's legal proceedings.

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00:27:43.039 --> 00:27:46.119
<v Speaker 1>They argued that killing a disabled child like Tracy was

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00:27:46.160 --> 00:27:49.119
<v Speaker 1>no different from killing a non disabled child and should

399
00:27:49.160 --> 00:27:53.519
<v Speaker 1>carry the same penalty. To do otherwise, they insisted, would

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00:27:53.559 --> 00:27:56.880
<v Speaker 1>devalue the lives of disabled people and increase the risk

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00:27:56.960 --> 00:28:02.119
<v Speaker 1>of more such killings by their caregivers. David Martin, Provincial

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00:28:02.160 --> 00:28:06.039
<v Speaker 1>coordinator of the Manitoba League of Persons with Disabilities, who

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00:28:06.119 --> 00:28:09.960
<v Speaker 1>himself lived with spinal muscular atrophy, expressed the fear that

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00:28:10.039 --> 00:28:14.000
<v Speaker 1>many in the disabled community felt. The greatest fear of

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00:28:14.039 --> 00:28:17.359
<v Speaker 1>disabled people, he said, wasn't that they'd be kept alive

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00:28:17.400 --> 00:28:20.319
<v Speaker 1>against their will. It was that they'd be allowed to

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00:28:20.359 --> 00:28:24.960
<v Speaker 1>die or actively killed based on social value judgments. About

408
00:28:25.000 --> 00:28:28.519
<v Speaker 1>the worth of their lives. The media coverage was from

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00:28:28.519 --> 00:28:33.799
<v Speaker 1>the perspective of disability advocates, deeply troubling. When children without

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00:28:33.839 --> 00:28:37.400
<v Speaker 1>disabilities are murdered by their parents, the coverage focuses on

411
00:28:37.440 --> 00:28:41.519
<v Speaker 1>the victimization of the children, on their lost futures, on

412
00:28:41.599 --> 00:28:44.599
<v Speaker 1>the horror of the crime. But in the lattermer case,

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00:28:44.839 --> 00:28:48.279
<v Speaker 1>much of the media and public immediately identified with Robert,

414
00:28:48.640 --> 00:28:53.039
<v Speaker 1>not Tracy. Sympathetic profiles appeared, describing him as a hard

415
00:28:53.039 --> 00:28:56.920
<v Speaker 1>working farmer, a loving father driven to desperation by his

416
00:28:57.039 --> 00:29:03.640
<v Speaker 1>daughter's suffering. Tracy's perspective was largely ignored. For many, it

417
00:29:03.680 --> 00:29:07.079
<v Speaker 1>seemed Tracy was insane as a real child, simply because

418
00:29:07.119 --> 00:29:11.279
<v Speaker 1>she had a disability. The case became polarizing in ways

419
00:29:11.279 --> 00:29:15.920
<v Speaker 1>that cut across traditional political lines. Ironically, some of the

420
00:29:15.960 --> 00:29:21.200
<v Speaker 1>most pro Tracy coverage appeared in conservative publications like Alberta

421
00:29:21.279 --> 00:29:24.319
<v Speaker 1>Report and b C Report, which included the views of

422
00:29:24.359 --> 00:29:30.200
<v Speaker 1>disability rights advocates. Meanwhile, many progressives and civil libertarians sided

423
00:29:30.240 --> 00:29:35.640
<v Speaker 1>with Robert, viewing his prosecution as overly harsh. Public opinion

424
00:29:35.680 --> 00:29:40.839
<v Speaker 1>polls showed overwhelming sympathy for Robert. Hundreds marched in demonstrations

425
00:29:40.839 --> 00:29:45.839
<v Speaker 1>supporting him. In some cases, protesters carried signs that read

426
00:29:46.640 --> 00:29:50.079
<v Speaker 1>Latimer did the right thing. Money poured in for his

427
00:29:50.200 --> 00:30:12.759
<v Speaker 1>legal defense. It reached one hundred thousand dollars. The first

428
00:30:12.759 --> 00:30:15.480
<v Speaker 1>degree murder trial began on the seventh of November nineteen

429
00:30:15.519 --> 00:30:20.240
<v Speaker 1>ninety four. During opening statemens, prosecutor Randy Kerkin laid out

430
00:30:20.279 --> 00:30:24.359
<v Speaker 1>their case. He said that Robert had killed Tracy in

431
00:30:24.400 --> 00:30:28.039
<v Speaker 1>the truck with carbon monoxide poisoning. He then carried her

432
00:30:28.039 --> 00:30:31.559
<v Speaker 1>lifeless body inside and put her in the bed. When

433
00:30:31.599 --> 00:30:34.079
<v Speaker 1>detectives arrived, he said that she had died in her sleep,

434
00:30:34.880 --> 00:30:37.880
<v Speaker 1>but the autopsy revealed the truth. He then presented the

435
00:30:37.960 --> 00:30:40.359
<v Speaker 1>video of Robert at home, detailing what he had done

436
00:30:40.359 --> 00:30:44.839
<v Speaker 1>to detectives. Defense attorney Mark Brayford told the jury about

437
00:30:44.960 --> 00:30:49.720
<v Speaker 1>Tracy's complex needs. He said, this child could not roll

438
00:30:49.759 --> 00:30:53.200
<v Speaker 1>over on her own. This child would be in diapers.

439
00:30:53.839 --> 00:30:57.079
<v Speaker 1>The testimony got under way with kissing Biro, the family's

440
00:30:57.119 --> 00:31:02.359
<v Speaker 1>doctor of ten years. He detailed Tracy's cerebral palsy, describing

441
00:31:02.359 --> 00:31:06.440
<v Speaker 1>how she needed constant care and suffered from seizures. He

442
00:31:06.480 --> 00:31:10.160
<v Speaker 1>said she wore diapers her entire life. The jury her

443
00:31:10.240 --> 00:31:15.160
<v Speaker 1>testimony about Robert's confession to Sergeant Conlin and Corporal ken Lyons.

444
00:31:16.559 --> 00:31:19.440
<v Speaker 1>Lyons said he sympathized with the anguish that Robert felt.

445
00:31:20.200 --> 00:31:23.000
<v Speaker 1>He told the courtroom he told Robert, this is not

446
00:31:23.119 --> 00:31:25.960
<v Speaker 1>something you wanted or planned to do. You loved your

447
00:31:26.039 --> 00:31:30.240
<v Speaker 1>daughter very much. There was testimony that Tracy probably passed

448
00:31:30.240 --> 00:31:33.559
<v Speaker 1>out within minutes of inhaling the fumes and then died

449
00:31:33.599 --> 00:31:38.799
<v Speaker 1>soon after. Doctor Andrews testified next and said that Tracy

450
00:31:38.920 --> 00:31:42.960
<v Speaker 1>faced a blake future. She had operated on Tracy in

451
00:31:43.039 --> 00:31:46.359
<v Speaker 1>ninety ninety and had examined her several times after her

452
00:31:46.359 --> 00:31:50.359
<v Speaker 1>back surgery. She said that in the months before Tracy died,

453
00:31:50.799 --> 00:31:54.920
<v Speaker 1>her quality of life was deteriorating. The doctor said that

454
00:31:54.960 --> 00:31:58.519
<v Speaker 1>Tracy had surgery planned to correct her dislocated hip just

455
00:31:58.599 --> 00:32:02.599
<v Speaker 1>days after she was killed. Defense attorney Brayford asked if

456
00:32:02.599 --> 00:32:06.920
<v Speaker 1>the surgery would have cured the pain. She responded, cure

457
00:32:07.039 --> 00:32:10.039
<v Speaker 1>is a difficult word to use. It may have alleviated

458
00:32:10.039 --> 00:32:12.680
<v Speaker 1>the symptoms in the right hip, but there could have

459
00:32:12.680 --> 00:32:15.400
<v Speaker 1>been of their problems, and we couldn't tell what was

460
00:32:15.440 --> 00:32:17.799
<v Speaker 1>going to happen to the left hip in the future.

461
00:32:18.519 --> 00:32:21.480
<v Speaker 1>The courtroom fell silent as the next witness approached the

462
00:32:21.559 --> 00:32:27.160
<v Speaker 1>stand Laura Latimer. She recalled both tender and heartbreaking moments

463
00:32:27.200 --> 00:32:31.480
<v Speaker 1>of Tracy's short life. She said to the court her

464
00:32:31.480 --> 00:32:34.839
<v Speaker 1>birth was way sadder than her death. We lost her

465
00:32:34.880 --> 00:32:37.720
<v Speaker 1>when she was born. She said that she and her

466
00:32:37.799 --> 00:32:41.279
<v Speaker 1>husband always grieved for their daughter, that always provided her

467
00:32:41.319 --> 00:32:45.480
<v Speaker 1>with the best care possible. Laura admitted that she worried

468
00:32:45.519 --> 00:32:49.279
<v Speaker 1>about surgeons who would end up changing Tracy's already contorted

469
00:32:49.319 --> 00:32:55.000
<v Speaker 1>body beyond what would be considered acceptable. She said, they

470
00:32:55.000 --> 00:32:58.880
<v Speaker 1>were going to start mutilating our little girl. Laura said

471
00:32:58.880 --> 00:33:02.240
<v Speaker 1>that Tracy was always loved and valued member of the family.

472
00:33:03.559 --> 00:33:06.880
<v Speaker 1>The trial came to an end with closing arguments. Defense

473
00:33:06.920 --> 00:33:10.200
<v Speaker 1>attorney Breeford said to the jury, if my client has

474
00:33:10.200 --> 00:33:14.119
<v Speaker 1>committed any sin against God, God will judge him. He

475
00:33:14.240 --> 00:33:16.720
<v Speaker 1>urged the jury to consider Robert's love for his daughter

476
00:33:17.240 --> 00:33:20.279
<v Speaker 1>because it raised a reasonable doubt about whether he was

477
00:33:20.319 --> 00:33:25.039
<v Speaker 1>a murderer. He said the situation cried out for action.

478
00:33:26.200 --> 00:33:29.440
<v Speaker 1>He added that jurors should ignore suggestions that an acquittal

479
00:33:29.519 --> 00:33:33.799
<v Speaker 1>would start a slippery sloop towards mercy killings. He said,

480
00:33:34.559 --> 00:33:39.400
<v Speaker 1>nothing about this case per se legalizes euthanasia. According to

481
00:33:39.440 --> 00:33:43.519
<v Speaker 1>the defense attorney, Robert Latimer was faced with no real options.

482
00:33:44.079 --> 00:33:47.160
<v Speaker 1>Tracy would have died years earlier from infection were it

483
00:33:47.200 --> 00:33:51.720
<v Speaker 1>not for major operations to fix her contorted body. He

484
00:33:51.759 --> 00:33:55.000
<v Speaker 1>said that she seemed destined to suffer intolerable pain with

485
00:33:55.119 --> 00:33:58.720
<v Speaker 1>more surgery that was scheduled. He said that Robert couldn't

486
00:33:58.720 --> 00:34:01.319
<v Speaker 1>bear the thought of his daughter spending the rest of

487
00:34:01.319 --> 00:34:05.640
<v Speaker 1>her life in a group home. He said medical science

488
00:34:05.680 --> 00:34:08.719
<v Speaker 1>had kept his daughter alive. He urged the jury to

489
00:34:08.719 --> 00:34:12.239
<v Speaker 1>bring a verdict that they could be proud of. Prosecutor

490
00:34:12.320 --> 00:34:15.679
<v Speaker 1>Randy Kirkham disagreed. He said that Robert had no right

491
00:34:15.719 --> 00:34:18.920
<v Speaker 1>to wipe out a precious life. He said to the jury,

492
00:34:19.519 --> 00:34:23.559
<v Speaker 1>it is not open season on the disabled. The prosecutor

493
00:34:23.599 --> 00:34:27.679
<v Speaker 1>said that Robert's concerns about the surgery merely disguised a cold,

494
00:34:27.719 --> 00:34:32.480
<v Speaker 1>calculated and heartless killing. He stated it is not up

495
00:34:32.480 --> 00:34:35.159
<v Speaker 1>to Robert Latimer or any one else to play god.

496
00:34:36.400 --> 00:34:39.000
<v Speaker 1>After that, the jury were sent off to consider their verdict.

497
00:34:40.159 --> 00:34:43.920
<v Speaker 1>Outside of the court house, Laura remarked, we're just praying

498
00:34:43.960 --> 00:34:48.119
<v Speaker 1>for a good verdict. Four hours later, the jury returned

499
00:34:48.119 --> 00:34:52.920
<v Speaker 1>with their verdict. They found Robert Latimer guilty of second

500
00:34:52.920 --> 00:34:56.760
<v Speaker 1>degree murder. He was then sentenced to life in prison,

501
00:34:57.119 --> 00:35:01.400
<v Speaker 1>with parole eligibility after ten years. After the sentence was

502
00:35:01.440 --> 00:35:04.360
<v Speaker 1>handed down, the judge said, there's no joy in this

503
00:35:04.440 --> 00:35:07.599
<v Speaker 1>for any one. Criminal law is unremitting when it comes

504
00:35:07.639 --> 00:35:10.760
<v Speaker 1>to taking a life. He said that life hadn't been

505
00:35:10.840 --> 00:35:14.039
<v Speaker 1>kind to Tracy, but said it was her life to

506
00:35:14.079 --> 00:35:16.920
<v Speaker 1>make of it what she could. He then asked if

507
00:35:17.000 --> 00:35:20.760
<v Speaker 1>Robert had anything to say. He looked stoic as he said,

508
00:35:21.480 --> 00:35:24.599
<v Speaker 1>I still fail. I did what was right. I don't

509
00:35:24.599 --> 00:35:28.880
<v Speaker 1>think you people are being human. After the sentence, Laura

510
00:35:28.920 --> 00:35:31.960
<v Speaker 1>walked to the prisoner's box and hugged her husband and

511
00:35:32.039 --> 00:35:36.519
<v Speaker 1>then began to cry. Police then led Robert away, but

512
00:35:36.559 --> 00:35:41.559
<v Speaker 1>he wasn't in handcuffs. Outside of court, Laura said, whatever

513
00:35:41.599 --> 00:35:44.400
<v Speaker 1>hell they put him through will not begin to match

514
00:35:44.440 --> 00:35:47.440
<v Speaker 1>the hell that our little girl went through. When Tracy

515
00:35:47.519 --> 00:35:50.280
<v Speaker 1>threw up, he would bathe her. He sat with her

516
00:35:50.320 --> 00:36:04.199
<v Speaker 1>and rocked her on his knee. For ours and ours.

517
00:36:05.079 --> 00:36:08.519
<v Speaker 1>The reaction to the verdict was deeply divided, exposing fault

518
00:36:08.519 --> 00:36:10.719
<v Speaker 1>lines that would only widen in the years to come.

519
00:36:11.679 --> 00:36:16.280
<v Speaker 1>Many people expressed sympathy for Robert. Marilyn Seguine of the

520
00:36:16.360 --> 00:36:20.639
<v Speaker 1>National Organization Dying with dignity was swift in her condemnation

521
00:36:20.760 --> 00:36:25.199
<v Speaker 1>of the sentence. She said, justice is not justice unless

522
00:36:25.199 --> 00:36:28.639
<v Speaker 1>it show some mercy. Ten years in prison shows no mercy.

523
00:36:29.159 --> 00:36:31.519
<v Speaker 1>She argued that Robert had already endured twelve years of

524
00:36:31.559 --> 00:36:36.519
<v Speaker 1>punishment caring for Tracy, watching her suffer. In her view,

525
00:36:36.880 --> 00:36:41.840
<v Speaker 1>that was enough. Tracy's mother, Laura agreed. She said to

526
00:36:41.880 --> 00:36:46.639
<v Speaker 1>the Toronto Son, he's kind, gentle, he has courage, convictions,

527
00:36:46.920 --> 00:36:50.199
<v Speaker 1>He's one hundred percent honest. He has the most integrity

528
00:36:50.239 --> 00:36:53.760
<v Speaker 1>of anybody I know. He's a wonderful father. She said

529
00:36:53.760 --> 00:36:56.760
<v Speaker 1>that the entire family, Robert included, thought that he was

530
00:36:56.800 --> 00:37:00.280
<v Speaker 1>going to be acquitted. Laura said for the first time

531
00:37:00.639 --> 00:37:04.000
<v Speaker 1>that she agreed with what Robert had done. She said

532
00:37:04.000 --> 00:37:06.760
<v Speaker 1>that when she found her daughter dead that morning, she

533
00:37:06.840 --> 00:37:10.159
<v Speaker 1>felt happy for her and that all she could think was,

534
00:37:10.960 --> 00:37:13.519
<v Speaker 1>you don't have to deal with that terrible pain anymore.

535
00:37:14.960 --> 00:37:17.440
<v Speaker 1>Her comments came just before what would have been Tracy's

536
00:37:17.480 --> 00:37:22.000
<v Speaker 1>fourteenth birthday. She then added, I wouldn't wish her back

537
00:37:22.039 --> 00:37:25.719
<v Speaker 1>the way she was. I'm definitely definitely relieved she's out

538
00:37:25.719 --> 00:37:28.440
<v Speaker 1>of pain. Not a day goes by and I don't

539
00:37:28.440 --> 00:37:32.119
<v Speaker 1>think about her. I miss her terribly. This whole thing

540
00:37:32.199 --> 00:37:37.079
<v Speaker 1>is not about disabilities of handicap It's about pain. Justice

541
00:37:37.079 --> 00:37:40.679
<v Speaker 1>Minister Alan Rock acknowledged the verdict and highlighted the need

542
00:37:40.679 --> 00:37:43.639
<v Speaker 1>for politicians to come to grips with the thorny issue

543
00:37:43.679 --> 00:37:47.239
<v Speaker 1>of euthanasia. The case, he noted, was part of a

544
00:37:47.239 --> 00:37:51.480
<v Speaker 1>broader review of sanctions against euthanasia currently being conducted by

545
00:37:51.519 --> 00:37:56.559
<v Speaker 1>a Senate committee. He said, it'll frame the principles, It'll

546
00:37:56.559 --> 00:37:59.960
<v Speaker 1>give us a point of reference in terms of moral, medical, ethical,

547
00:38:00.239 --> 00:38:04.840
<v Speaker 1>legal and social perspectives, and let parliaments come to grips

548
00:38:04.880 --> 00:38:08.639
<v Speaker 1>with it once and for all. Liberal Senator Sharon Keirnstairs

549
00:38:09.119 --> 00:38:12.960
<v Speaker 1>clarified that the committee was examining the possibility of legalizing

550
00:38:12.960 --> 00:38:19.039
<v Speaker 1>euthanasia only in instances where person voluntarily consents. Its report,

551
00:38:19.159 --> 00:38:23.840
<v Speaker 1>she made clear, wouldn't cover the Latimer case. Tracy couldn't consent,

552
00:38:24.320 --> 00:38:28.800
<v Speaker 1>Tracy couldn't speak. But not everybody agreed with calls for leniency.

553
00:38:29.639 --> 00:38:33.800
<v Speaker 1>Lorie Beachell of the Council of Canadians with Disabilities expressed

554
00:38:33.840 --> 00:38:37.719
<v Speaker 1>what many in the disability community were feeling horror and fear.

555
00:38:38.519 --> 00:38:41.719
<v Speaker 1>She remarked, what was distressing during the case was to

556
00:38:41.760 --> 00:38:44.920
<v Speaker 1>have this portrayed as a mercy killing. We cannot accept

557
00:38:44.920 --> 00:38:48.840
<v Speaker 1>that somebody taking someone else's life is justifiable. For many

558
00:38:48.840 --> 00:38:52.679
<v Speaker 1>disability advocates, the verdict was correct, but the reaction to

559
00:38:52.760 --> 00:38:57.280
<v Speaker 1>it was terrifying. The overwhelming public sympathy for Robert felt

560
00:38:57.280 --> 00:39:00.000
<v Speaker 1>like a validation of the idea that disabled lives were

561
00:39:00.199 --> 00:39:04.440
<v Speaker 1>worth less. The killing a disabled child was somehow more understandable,

562
00:39:04.880 --> 00:39:09.599
<v Speaker 1>more forgivable than killing a non disabled child. The contrast

563
00:39:09.639 --> 00:39:13.760
<v Speaker 1>became even starker when compared to other cases. Just one

564
00:39:13.800 --> 00:39:18.440
<v Speaker 1>day after Tracy's murder, Susan Smith of South Carolina drowned

565
00:39:18.480 --> 00:39:21.440
<v Speaker 1>her two young sons, three year old Michael and fourteen

566
00:39:21.480 --> 00:39:24.840
<v Speaker 1>month old Alexander, by driving her car into a lake.

567
00:39:25.719 --> 00:39:29.079
<v Speaker 1>She initially claimed they had been abducted, before eventually confessing.

568
00:39:30.119 --> 00:39:34.119
<v Speaker 1>The media reported it as an unthinkable crime. A town

569
00:39:34.239 --> 00:39:38.519
<v Speaker 1>and a nation railed in horror. When Susan Smith was arrested,

570
00:39:39.239 --> 00:39:43.960
<v Speaker 1>angry and tearful mobs gathered outside the courtroom. Thirteen months later,

571
00:39:44.039 --> 00:39:48.360
<v Speaker 1>she received a life sentence. Many, including the children's father,

572
00:39:48.840 --> 00:39:52.840
<v Speaker 1>had hoped for the death penalty. By contrast, Robert only

573
00:39:52.880 --> 00:39:55.480
<v Speaker 1>spent a few days in jail after he was convicted.

574
00:39:56.440 --> 00:39:59.199
<v Speaker 1>He applied for bail. After the sentence was handed down

575
00:40:00.119 --> 00:40:03.159
<v Speaker 1>was approved, Robert was allowed to go home, pending on

576
00:40:03.159 --> 00:40:07.559
<v Speaker 1>appeal of his conviction. The judge route mister Latimer's conduct

577
00:40:07.639 --> 00:40:11.599
<v Speaker 1>was not motivated by animosity, resentment, or frustration with Tracy.

578
00:40:12.400 --> 00:40:15.559
<v Speaker 1>His desire to relieve her from unrelenting pain appears to

579
00:40:15.639 --> 00:40:20.079
<v Speaker 1>be the principal motivating factor. His neighbor, Wilson Barker, had

580
00:40:20.119 --> 00:40:24.480
<v Speaker 1>posted a ten thousand dollars Surely as Bill the difference

581
00:40:24.599 --> 00:40:29.960
<v Speaker 1>disability advocates pointed out was obvious Tracy was disabled. Michael

582
00:40:29.960 --> 00:40:33.960
<v Speaker 1>and Alexander Smith were not. The public outpouring of support

583
00:40:34.000 --> 00:40:38.920
<v Speaker 1>for Robert was unprecedented for a convicted murderer. Within weeks

584
00:40:38.920 --> 00:40:43.039
<v Speaker 1>of his conviction, grassroots campaigns sprang up across the country.

585
00:40:43.559 --> 00:40:47.039
<v Speaker 1>Janet and Jamie Bassett of Christopher Lake started a campaign

586
00:40:47.079 --> 00:40:52.440
<v Speaker 1>to have the Governor General either suspend or reduce Robert's sentence. Otto,

587
00:40:52.480 --> 00:40:55.960
<v Speaker 1>a real estate lawyer, started a petition calling on federal

588
00:40:56.000 --> 00:40:59.199
<v Speaker 1>government to use provisions in the Criminal Code that allowed

589
00:40:59.239 --> 00:41:03.280
<v Speaker 1>sentences to be shortened on compassionate grounds. By the tenth

590
00:41:03.280 --> 00:41:06.199
<v Speaker 1>of January nineteen ninety five, less than two months after

591
00:41:06.239 --> 00:41:09.920
<v Speaker 1>the conviction, A national petition urging a federal pardon for

592
00:41:10.000 --> 00:41:14.400
<v Speaker 1>Robert had gathered seven thousand signatures, with ten thousand more

593
00:41:14.440 --> 00:41:18.880
<v Speaker 1>petitions in circulation. The Lattimers received one hundred thousand dollars

594
00:41:18.880 --> 00:41:22.360
<v Speaker 1>in donations for the defense fund. By April of nineteen

595
00:41:22.440 --> 00:41:25.880
<v Speaker 1>ninety five, they were receiving between fifty one hundred letters

596
00:41:25.880 --> 00:41:28.320
<v Speaker 1>a day, and all but one out of every one

597
00:41:28.400 --> 00:41:33.400
<v Speaker 1>hundred offered support. Robert remarked the support is good. It

598
00:41:33.480 --> 00:41:36.840
<v Speaker 1>keeps you going. He was happy to be home, back

599
00:41:36.880 --> 00:41:40.360
<v Speaker 1>with his wife and three children. He was on house arrest,

600
00:41:40.920 --> 00:41:44.559
<v Speaker 1>but he was home. With the appeal pending, disability rights

601
00:41:44.639 --> 00:41:49.159
<v Speaker 1>organization scrambled to mount the legal response. On the third

602
00:41:49.199 --> 00:41:53.320
<v Speaker 1>of January nineteen ninety five, People in Equal Participation reported

603
00:41:53.360 --> 00:41:56.199
<v Speaker 1>in the Winnipeg Free Press that it had raised five

604
00:41:56.280 --> 00:42:01.159
<v Speaker 1>hundred dollars to intervene in Robert's appeal. Representative stated they

605
00:42:01.159 --> 00:42:06.559
<v Speaker 1>needed twelve thousand dollars to cover intervention costs. President Teresa

606
00:42:06.639 --> 00:42:09.960
<v Speaker 1>de charm said, we want the same respect as everyone else,

607
00:42:10.320 --> 00:42:13.400
<v Speaker 1>and we want that conviction upheld. We want the law

608
00:42:13.440 --> 00:42:16.280
<v Speaker 1>to protect the disabled so that people won't get off

609
00:42:16.360 --> 00:42:21.039
<v Speaker 1>for compassionate murder. Just the month before another tragedy had

610
00:42:21.079 --> 00:42:26.599
<v Speaker 1>unfolded that seemed to underscore disability advocates worst fears. Sixteen

611
00:42:26.679 --> 00:42:29.840
<v Speaker 1>year old Ryan Wilkison was murdered by his mother, Kathy,

612
00:42:30.159 --> 00:42:35.280
<v Speaker 1>in Hamilton, Ontario. Ryan had cerebral palsy. Kathy killed him

613
00:42:35.360 --> 00:42:38.719
<v Speaker 1>using carbon monoxide, the same method Robert had used to

614
00:42:38.800 --> 00:42:43.079
<v Speaker 1>kill Tracy before she took her own life. Michael Valpi,

615
00:42:43.199 --> 00:42:46.360
<v Speaker 1>riding in the Globe and Mail, suggested the connection seemed apparent.

616
00:42:47.119 --> 00:42:50.599
<v Speaker 1>He wrote, we can assume some link to some influence

617
00:42:50.679 --> 00:42:53.840
<v Speaker 1>from the trial and second degree murder conviction three weeks

618
00:42:53.840 --> 00:42:58.400
<v Speaker 1>ago of Robert Latimer. A friend of Kathy, Gloria Christiansen

619
00:42:58.480 --> 00:43:01.480
<v Speaker 1>told reporters that she had warned the Ontario Social Service

620
00:43:01.519 --> 00:43:05.960
<v Speaker 1>Minister on November nineteenth, three days after the Latimer conviction,

621
00:43:06.559 --> 00:43:11.519
<v Speaker 1>that this tragedy was coming. The disability community's fears were

622
00:43:11.559 --> 00:43:15.519
<v Speaker 1>being realized. The message that the Latimer case was sending,

623
00:43:15.679 --> 00:43:19.679
<v Speaker 1>they argued, was dangerous, that people with disabilities were better

624
00:43:19.719 --> 00:43:22.000
<v Speaker 1>off dead, that killing them could be an act of

625
00:43:22.039 --> 00:43:25.639
<v Speaker 1>love rather than murder. On the twentieth of February, the

626
00:43:25.679 --> 00:43:29.079
<v Speaker 1>Council of Canadians with Disabilities, the Voice of People with

627
00:43:29.119 --> 00:43:34.159
<v Speaker 1>Disabilities and people in equal participation were granted intervener status

628
00:43:34.360 --> 00:43:38.320
<v Speaker 1>in the appeal, they were only allowed to submit written arguments.

629
00:43:39.320 --> 00:43:43.559
<v Speaker 1>The judge expressed concern over creating multiple prosecutors if he

630
00:43:43.599 --> 00:43:47.159
<v Speaker 1>granted them full status. On the twenty third of February,

631
00:43:47.199 --> 00:43:51.000
<v Speaker 1>Robert's appeal was heard. His defense lawyers argued that jurors

632
00:43:51.039 --> 00:43:54.039
<v Speaker 1>were told to follow the law too strictly in rendering

633
00:43:54.039 --> 00:43:57.800
<v Speaker 1>a guilty verdict. They said that Robert wanted to prevent

634
00:43:57.840 --> 00:44:01.480
<v Speaker 1>the greater crime of his daughter's pain. They said that

635
00:44:01.519 --> 00:44:05.639
<v Speaker 1>it was a mercy killing motivated only by love. One

636
00:44:05.639 --> 00:44:08.000
<v Speaker 1>of the grounds of his appeal was particularly chilling to

637
00:44:08.079 --> 00:44:13.440
<v Speaker 1>disability advocates. Robert's lawyers argued the trial judge aired in

638
00:44:13.519 --> 00:44:15.840
<v Speaker 1>law in not charging the jury that he had the

639
00:44:15.880 --> 00:44:19.119
<v Speaker 1>legal right to decide to commit suicide for his daughter

640
00:44:19.440 --> 00:44:23.480
<v Speaker 1>by virtue of her complete absence of physical and intellectual abilities.

641
00:44:24.679 --> 00:44:29.320
<v Speaker 1>It was the introduction of a new legal concept, surrogates suicide,

642
00:44:29.880 --> 00:44:32.119
<v Speaker 1>the idea that a parent or guardian could decide to

643
00:44:32.119 --> 00:44:35.480
<v Speaker 1>commit suicide on behalf of somebody who couldn't speak for themselves.

644
00:44:36.679 --> 00:44:40.199
<v Speaker 1>As disability advocates pointed out, this was simply a clever

645
00:44:40.320 --> 00:44:43.519
<v Speaker 1>way of saying that parents should be legally allowed to

646
00:44:43.599 --> 00:44:46.800
<v Speaker 1>murder the very people who must trust them with their lives.

647
00:44:48.159 --> 00:44:51.760
<v Speaker 1>Crown Attorney Carol Snell argued that Robert's conviction and sentence

648
00:44:51.800 --> 00:44:56.199
<v Speaker 1>should stand. She stated there isn't any option for any

649
00:44:56.280 --> 00:45:00.119
<v Speaker 1>lighter level of culpability. On the eighteenth of July, the

650
00:45:00.119 --> 00:45:03.760
<v Speaker 1>court upheld Robert's second degree murder iction and his life sentence.

651
00:45:04.280 --> 00:45:08.079
<v Speaker 1>They wrote, as a self appointed surrogate decision maker, he

652
00:45:08.199 --> 00:45:10.679
<v Speaker 1>was not entitled to take criminal law into his own

653
00:45:10.719 --> 00:45:14.920
<v Speaker 1>hands and terminate her life. However, Chief Justice Edward Beda

654
00:45:15.280 --> 00:45:19.679
<v Speaker 1>filed a dissenting opinion that would give Robert's supporters hope.

655
00:45:19.800 --> 00:45:22.800
<v Speaker 1>He argued that the sentence was too long despite the

656
00:45:22.800 --> 00:45:28.039
<v Speaker 1>Criminal Code provisions. He viewed the mandatory minimum sentences inconsistent

657
00:45:28.280 --> 00:45:31.639
<v Speaker 1>with Robert's rights under Section twelve of the Charter of

658
00:45:31.760 --> 00:45:36.320
<v Speaker 1>Rights and Freedoms, which prohibits cruell and unusual punishment. Robert

659
00:45:36.360 --> 00:45:39.599
<v Speaker 1>turned himself into the RCMP in Wilkie to begin serving

660
00:45:39.599 --> 00:45:43.559
<v Speaker 1>his sentence. He said, at the time, I thought they'd

661
00:45:43.559 --> 00:45:47.920
<v Speaker 1>do better. I don't really understand what happened, but Robert

662
00:45:48.280 --> 00:45:51.719
<v Speaker 1>didn't remain behind bars for long. He was released just

663
00:45:51.800 --> 00:45:56.480
<v Speaker 1>the next day after the court extended his braille for visions. Then,

664
00:45:56.519 --> 00:45:59.960
<v Speaker 1>in October of nineteen ninety five, a bombshell revelation emerged

665
00:46:00.320 --> 00:46:03.079
<v Speaker 1>that would change everything. It was revealed that, at the

666
00:46:03.119 --> 00:46:07.000
<v Speaker 1>request of prosecutor Randy Kirkham in November of nineteen ninety four,

667
00:46:07.519 --> 00:46:12.800
<v Speaker 1>the RCMP had interviewed perspective jurors about their belief on religion, abortion,

668
00:46:12.960 --> 00:46:16.960
<v Speaker 1>and mercy killings before the trial. Some of those involved

669
00:46:17.000 --> 00:46:20.760
<v Speaker 1>eventually served on the jury, yet the prosecution didn't tell

670
00:46:20.800 --> 00:46:25.800
<v Speaker 1>the defense this. This was jury tampering, a serious violation

671
00:46:25.960 --> 00:46:28.639
<v Speaker 1>that called into question whether Robert had received a fair

672
00:46:28.679 --> 00:46:33.159
<v Speaker 1>hearing before an impartial jury. In June of nineteen ninety six,

673
00:46:33.320 --> 00:46:38.440
<v Speaker 1>Randy Kirkham was charged with attempting to obstruct justice. Deputy

674
00:46:38.599 --> 00:46:42.079
<v Speaker 1>Justice Minister Brent Cotter told The Globe and Meal, what

675
00:46:42.239 --> 00:46:45.519
<v Speaker 1>makes this case different and exceptional is that it's alleged

676
00:46:45.559 --> 00:46:50.039
<v Speaker 1>he was misconducting himself while performing his duties as a prosecutor.

677
00:46:51.440 --> 00:46:54.360
<v Speaker 1>Robert Latimer's legal team now had groans for a new trial.

678
00:46:55.559 --> 00:46:58.639
<v Speaker 1>On the twenty seventh of November nineteen ninety six, the

679
00:46:58.679 --> 00:47:02.880
<v Speaker 1>Supreme Court of Canada heard Robert's appeal While he was

680
00:47:02.920 --> 00:47:07.320
<v Speaker 1>awaiting their decision, Robert accused justice officials of torture by

681
00:47:07.360 --> 00:47:11.679
<v Speaker 1>continuing to prosecute him. He said, they have no limits

682
00:47:11.719 --> 00:47:14.039
<v Speaker 1>on how you can torture a person, and they will

683
00:47:14.079 --> 00:47:17.360
<v Speaker 1>carry forward with it. To me, they are a bunch

684
00:47:17.440 --> 00:47:22.639
<v Speaker 1>of backwoods, bloodthirsty butchers. He said that prosecutors didn't understand

685
00:47:22.719 --> 00:47:26.199
<v Speaker 1>how much Tracy went through in her life. He said,

686
00:47:26.960 --> 00:47:29.960
<v Speaker 1>how much is Tracy supposed to suffer just to please

687
00:47:30.000 --> 00:47:34.199
<v Speaker 1>these people? The Supreme Court announced their decision in February.

688
00:47:34.199 --> 00:47:38.159
<v Speaker 1>The next year, Robert's conviction would be set aside and

689
00:47:38.239 --> 00:47:41.320
<v Speaker 1>a new trial ordered. Because of the irregularities in the

690
00:47:41.400 --> 00:47:45.440
<v Speaker 1>jury selection process. The case would start again from the

691
00:47:45.519 --> 00:47:58.280
<v Speaker 1>very beginning, and the entire nation would be watching. The

692
00:47:58.320 --> 00:48:01.119
<v Speaker 1>second murder trial began on the twenties eighth of October

693
00:48:01.199 --> 00:48:05.360
<v Speaker 1>twenty twenty seven. This time there was a new prosecutor,

694
00:48:05.800 --> 00:48:09.800
<v Speaker 1>Eric Newfield. He presented the same evidence as the first trial,

695
00:48:10.199 --> 00:48:14.719
<v Speaker 1>including the videotaped confession. During his opening statements, he didn't

696
00:48:14.719 --> 00:48:18.239
<v Speaker 1>directly address the issue of mercy killing, but made statements

697
00:48:18.280 --> 00:48:21.519
<v Speaker 1>that were designated to override such a defense. He said

698
00:48:21.519 --> 00:48:24.599
<v Speaker 1>that Tracy was a lovable little girl who could smile

699
00:48:24.760 --> 00:48:28.039
<v Speaker 1>and was in no worse condition than any other disabled child.

700
00:48:29.079 --> 00:48:32.559
<v Speaker 1>Defense attorney Mark Brayford said he would focus on two points,

701
00:48:32.880 --> 00:48:34.760
<v Speaker 1>that Tracy was in pain in the last year of

702
00:48:34.760 --> 00:48:37.280
<v Speaker 1>her life and there was no medical way to help her,

703
00:48:37.760 --> 00:48:41.480
<v Speaker 1>and that Robert was a doting, loving father. He too

704
00:48:41.519 --> 00:48:45.639
<v Speaker 1>presented the same evidence. Laura testified once more, telling the

705
00:48:45.719 --> 00:48:48.159
<v Speaker 1>jury I said to him it would be better for

706
00:48:48.159 --> 00:48:50.960
<v Speaker 1>Tracy if she died. I knew I didn't have the

707
00:48:51.000 --> 00:48:53.400
<v Speaker 1>courage to do it, but I wished it for her.

708
00:48:54.079 --> 00:48:56.519
<v Speaker 1>I was her mom, and that's what I wanted for her.

709
00:48:57.679 --> 00:49:00.480
<v Speaker 1>She painted a heartbreaking picture of Tracy's life past couple

710
00:49:00.519 --> 00:49:04.400
<v Speaker 1>of weeks alive. She was in constant pain, throwing up

711
00:49:04.480 --> 00:49:08.039
<v Speaker 1>every day and unable to sleep. The last straw was

712
00:49:08.079 --> 00:49:10.360
<v Speaker 1>when they were told that Tracy would need more surgery,

713
00:49:10.880 --> 00:49:13.880
<v Speaker 1>even more pain. At the end of the trial, the

714
00:49:13.960 --> 00:49:18.599
<v Speaker 1>jury reached a verdict. They found Robert Latimer again guilty

715
00:49:18.679 --> 00:49:23.079
<v Speaker 1>of the second degree murder of Tracy. The mandatory sentence

716
00:49:23.159 --> 00:49:27.280
<v Speaker 1>was life with a minimum of ten years. Once again,

717
00:49:27.360 --> 00:49:30.360
<v Speaker 1>Robert was allowed to return home on bail pending an appeal.

718
00:49:31.119 --> 00:49:35.039
<v Speaker 1>He remarked the jury obviously endorsed the option of cutting

719
00:49:35.039 --> 00:49:37.440
<v Speaker 1>off her leg and putting a fading tube in her

720
00:49:37.840 --> 00:49:40.920
<v Speaker 1>that that was something we couldn't do. With the combination

721
00:49:41.039 --> 00:49:43.159
<v Speaker 1>of the rods in the back, the tube in the stomach,

722
00:49:43.599 --> 00:49:46.840
<v Speaker 1>the leg cut off and flopping around, and the bed sores.

723
00:49:46.960 --> 00:49:49.719
<v Speaker 1>I don't know. Some people think she was a happy

724
00:49:49.760 --> 00:49:54.159
<v Speaker 1>little girl. I don't understand those people. The sentencing phase

725
00:49:54.199 --> 00:49:57.760
<v Speaker 1>happened in December, and Robert's defense team argued that sentencing

726
00:49:57.880 --> 00:50:00.320
<v Speaker 1>Robert to a minimum of ten years in prison would

727
00:50:00.320 --> 00:50:04.639
<v Speaker 1>be cruel and unusual. As it turned out, the jury agreed.

728
00:50:05.519 --> 00:50:08.039
<v Speaker 1>In a surprise move, the judge refused to impose the

729
00:50:08.079 --> 00:50:14.280
<v Speaker 1>mandatory sentence of life with parole eligibility after ten years. Instead,

730
00:50:14.280 --> 00:50:16.800
<v Speaker 1>he ordered Robert to serve one year in a provincial

731
00:50:16.920 --> 00:50:20.639
<v Speaker 1>jail and a second year confined to his form. The

732
00:50:20.760 --> 00:50:25.559
<v Speaker 1>judge ruled the evidence establishes mister Latimer was motivated solely

733
00:50:25.599 --> 00:50:28.760
<v Speaker 1>by his love and compassion for Tracy and the need,

734
00:50:29.079 --> 00:50:31.800
<v Speaker 1>at least in his mind, that she should not suffer

735
00:50:31.880 --> 00:50:36.639
<v Speaker 1>any more pain. The disability rights community were horrified this

736
00:50:36.800 --> 00:50:41.360
<v Speaker 1>constitutional exemption from the mandatory minimum sentence was exactly what

737
00:50:41.440 --> 00:50:45.039
<v Speaker 1>they had feared. They said it sent the message that

738
00:50:45.159 --> 00:50:48.960
<v Speaker 1>killing a disabled child carried a lesser penalty than killing

739
00:50:49.000 --> 00:50:54.199
<v Speaker 1>a non disabled child. The Crown appealed the sentence. On

740
00:50:54.280 --> 00:50:56.599
<v Speaker 1>the twenty third of November nineteen ninety eighth, the Court

741
00:50:56.639 --> 00:51:00.639
<v Speaker 1>of Appeal delivered its decision in a unani miswrilling. The

742
00:51:00.639 --> 00:51:05.079
<v Speaker 1>court set aside the constitutional exemption and reinstated the mandatory

743
00:51:05.199 --> 00:51:08.880
<v Speaker 1>sentence life in prison without the possibility for ten years.

744
00:51:09.920 --> 00:51:12.679
<v Speaker 1>The court found that the mandatory minimum sentence did not

745
00:51:12.719 --> 00:51:17.400
<v Speaker 1>constitute krill and unusual punishment. Robert appealed to the Supreme

746
00:51:17.440 --> 00:51:20.880
<v Speaker 1>Court of Canada in two thousand and one. The Supreme

747
00:51:20.880 --> 00:51:25.360
<v Speaker 1>Court unanimously upheld both its conviction and the sentence. The

748
00:51:25.400 --> 00:51:30.199
<v Speaker 1>court rejected the defense of necessity, finding that Tracy's upcoming

749
00:51:30.239 --> 00:51:34.320
<v Speaker 1>surgery did not constitute an imminent emergency and that Robert

750
00:51:34.559 --> 00:51:39.639
<v Speaker 1>had other legal alternatives, as the court bluntly stated he

751
00:51:39.679 --> 00:51:43.000
<v Speaker 1>could have struggled on. On the eighteenth of January two

752
00:51:43.000 --> 00:51:46.360
<v Speaker 1>thousand and one, Robert began serving his sentence at william

753
00:51:46.400 --> 00:51:51.079
<v Speaker 1>Head Institution, a medium security facility located thirty kilometers west

754
00:51:51.199 --> 00:51:55.800
<v Speaker 1>of Victoria, British Columbia. He remarked, I said I could

755
00:51:55.800 --> 00:51:58.159
<v Speaker 1>lie in a dirty old jail cell easier than she

756
00:51:58.199 --> 00:52:01.840
<v Speaker 1>could lie on the floor suffering life. She was, And

757
00:52:01.920 --> 00:52:03.639
<v Speaker 1>I would have thought that the courts would have come

758
00:52:03.679 --> 00:52:07.119
<v Speaker 1>to their senses or been somewhat honest, But I guess

759
00:52:07.199 --> 00:52:11.960
<v Speaker 1>I was mistaken. Robert still had support. People even offered

760
00:52:11.960 --> 00:52:14.960
<v Speaker 1>to help serve the sentence. There were more than one

761
00:52:15.039 --> 00:52:17.280
<v Speaker 1>hundred people who said they would each serve one month.

762
00:52:18.519 --> 00:52:21.840
<v Speaker 1>While in prison, Robert completed the first year of carbonry

763
00:52:22.320 --> 00:52:26.280
<v Speaker 1>and electrician apprenticeships. He continued to operate the family farm

764
00:52:26.320 --> 00:52:29.039
<v Speaker 1>with the help of a manager. On the fifth of

765
00:52:29.039 --> 00:52:32.719
<v Speaker 1>December two thousand and seven, Robert requested day parole from

766
00:52:32.760 --> 00:52:36.239
<v Speaker 1>the National Parole Board in Victoria. He told the parole

767
00:52:36.320 --> 00:52:39.159
<v Speaker 1>board that he still believed killing his daughter was the

768
00:52:39.280 --> 00:52:42.960
<v Speaker 1>right thing to do. He hadn't changed his mind. He

769
00:52:43.039 --> 00:52:47.320
<v Speaker 1>expressed no remorse. He said it was a very personal

770
00:52:47.360 --> 00:52:50.119
<v Speaker 1>thing and wasn't a big guilt trip. I still don't

771
00:52:50.119 --> 00:52:52.920
<v Speaker 1>feel guilty now. I would expect she would not have

772
00:52:53.000 --> 00:52:55.800
<v Speaker 1>wanted any more pain. I can only go on what

773
00:52:55.840 --> 00:52:59.360
<v Speaker 1>I would have wanted for myself. The board denied the request.

774
00:53:00.119 --> 00:53:03.280
<v Speaker 1>The decision stated that Robert had not developed sufficient insight

775
00:53:03.360 --> 00:53:06.320
<v Speaker 1>into his actions, despite reports that said he was a

776
00:53:06.320 --> 00:53:10.079
<v Speaker 1>low risk to reoffend. The three board members said that

777
00:53:10.119 --> 00:53:13.480
<v Speaker 1>they were struck by Robert's lack of remorse and suggested

778
00:53:13.519 --> 00:53:17.159
<v Speaker 1>he get some counselink. In January the next year, his

779
00:53:17.239 --> 00:53:20.440
<v Speaker 1>lawyer filed an appeal arguing the board had violated its

780
00:53:20.440 --> 00:53:25.239
<v Speaker 1>own rules by requiring admission of wrongdoing. On the twenty

781
00:53:25.280 --> 00:53:27.960
<v Speaker 1>seventh of February two thousand and eight, a review board

782
00:53:27.960 --> 00:53:32.800
<v Speaker 1>overturned the earlier decision and granted Robert de perou. They wrote,

783
00:53:33.199 --> 00:53:37.199
<v Speaker 1>a delay in releasing you from imprisonment would be unfair. Accordingly,

784
00:53:37.320 --> 00:53:40.880
<v Speaker 1>your appeal is allowed. On the thirteenth of March two

785
00:53:40.880 --> 00:53:44.760
<v Speaker 1>thousand and eight, Robert Latimer was released from William Head Prison.

786
00:53:45.519 --> 00:53:47.400
<v Speaker 1>He was required to live in a half way house

787
00:53:47.440 --> 00:53:49.800
<v Speaker 1>in Victoria five days a week and could live in

788
00:53:49.840 --> 00:53:52.920
<v Speaker 1>his own apartment two days a week. He was allowed

789
00:53:52.920 --> 00:53:56.679
<v Speaker 1>to spend Christmas with his family at the farm. Robert's

790
00:53:56.679 --> 00:54:00.760
<v Speaker 1>reintegration progressed well. Parole board report Wurtz noted that he

791
00:54:00.800 --> 00:54:05.159
<v Speaker 1>was a model resident who cooperated with all supervision requirements.

792
00:54:05.719 --> 00:54:08.760
<v Speaker 1>He was ordered to continue counseling and was prohibited from

793
00:54:08.800 --> 00:54:13.320
<v Speaker 1>ever having responsibility for or making decisions four anybody who

794
00:54:13.360 --> 00:54:16.880
<v Speaker 1>was severely disabled. On the twenty ninth of November two

795
00:54:16.920 --> 00:54:21.840
<v Speaker 1>thousand and ten, seventeen years after Tracy's death, her father, Robert,

796
00:54:22.079 --> 00:54:25.800
<v Speaker 1>was granted full parole. That decision took effect on the

797
00:54:25.800 --> 00:54:31.199
<v Speaker 1>sixth of December two thousand and ten. Robert Latimer was free,

798
00:54:31.400 --> 00:54:34.119
<v Speaker 1>but the condition of his parole initially meant he faced

799
00:54:34.159 --> 00:54:38.239
<v Speaker 1>travel restrictions. He couldn't leave Canada without applying for a

800
00:54:38.239 --> 00:54:42.079
<v Speaker 1>limited time passport. He was also forbidden from ever entering

801
00:54:42.079 --> 00:54:47.159
<v Speaker 1>a caregiver relationship with anybody with disability. In twenty fourteen,

802
00:54:47.199 --> 00:54:50.639
<v Speaker 1>after appeals and a federal court ruling, these restrictions were

803
00:54:50.679 --> 00:54:54.559
<v Speaker 1>finally lifted. In March of two thousand and fifteen, the

804
00:54:54.559 --> 00:54:58.159
<v Speaker 1>Parole Board of Canada's Appeal Division ruled that Robert Latimer

805
00:54:58.280 --> 00:55:02.960
<v Speaker 1>could travel freely outside Canada. The case that had consumed

806
00:55:03.000 --> 00:55:07.280
<v Speaker 1>Canada for over two decades was finally quietly coming to

807
00:55:07.320 --> 00:55:21.000
<v Speaker 1>an end. The Robert Latimer CAIUS forced Canada to confront

808
00:55:21.079 --> 00:55:26.199
<v Speaker 1>uncomfortable questions that had no easy answers. For some. Robert

809
00:55:26.239 --> 00:55:29.280
<v Speaker 1>was a loving father, driven to an impossible choice by

810
00:55:29.280 --> 00:55:33.519
<v Speaker 1>a daughter's unbearable suffering and a medical system that offered

811
00:55:33.559 --> 00:55:37.000
<v Speaker 1>only more pain. Many saw a man who made the

812
00:55:37.039 --> 00:55:41.280
<v Speaker 1>ultimate sacrifice, who carried the burden of an unthinkable decision

813
00:55:41.800 --> 00:55:45.239
<v Speaker 1>to spare his daughter from torture. The thousands who donated

814
00:55:45.280 --> 00:55:48.760
<v Speaker 1>to his legal defense, who signed petitions, who rallied in

815
00:55:48.760 --> 00:55:52.679
<v Speaker 1>his support, believed he deserved compassion, not a prison cell.

816
00:55:53.559 --> 00:55:55.719
<v Speaker 1>They argued that no parents should have to watch their

817
00:55:55.800 --> 00:55:59.519
<v Speaker 1>child's suffer the way Tracey suffered, and that Robert acted

818
00:55:59.559 --> 00:56:03.440
<v Speaker 1>out of love of in the most impossible circumstances imaginable.

819
00:56:04.000 --> 00:56:08.360
<v Speaker 1>For others, particularly in the disability rights community, the case

820
00:56:08.440 --> 00:56:13.559
<v Speaker 1>represented something form or sinister. It revealed society's deeply held

821
00:56:13.599 --> 00:56:18.559
<v Speaker 1>prejudices about the value of disabled lives. It showed that

822
00:56:18.599 --> 00:56:22.159
<v Speaker 1>when a disabled child is murdered, even by their own parent,

823
00:56:22.679 --> 00:56:26.920
<v Speaker 1>the victim becomes invisible while the killer becomes a sympathetic figure.

824
00:56:28.280 --> 00:56:32.360
<v Speaker 1>Tracy's voice, her preferences, her rights to life, were eraised

825
00:56:32.400 --> 00:56:35.320
<v Speaker 1>in favor of what her father believed was best for her.

826
00:56:36.360 --> 00:56:40.320
<v Speaker 1>The Council of Canadians with Disabilities and other advocacy groups

827
00:56:40.800 --> 00:56:44.239
<v Speaker 1>argued that Tracy's murder was not mercy. It was the

828
00:56:44.360 --> 00:56:48.199
<v Speaker 1>ultimate expression of ableism, the belief that a life with

829
00:56:48.239 --> 00:56:52.679
<v Speaker 1>a severe disability is not worth living. They pointed out

830
00:56:52.719 --> 00:56:56.239
<v Speaker 1>that Tracy attended school, that she responded to her family,

831
00:56:56.679 --> 00:56:59.719
<v Speaker 1>that she was able to smile and laugh. She had

832
00:56:59.760 --> 00:57:03.320
<v Speaker 1>a life, even if others couldn't imagine living it themselves.

833
00:57:04.480 --> 00:57:07.960
<v Speaker 1>Doctor Dick Sobsey, a professor of educational psychology at the

834
00:57:08.039 --> 00:57:13.239
<v Speaker 1>University of Alberta, studied violence against people with disabilities. He

835
00:57:13.320 --> 00:57:17.199
<v Speaker 1>noted that research consistently showed people with disabilities faced a

836
00:57:17.199 --> 00:57:20.719
<v Speaker 1>significantly higher risk of being killed by family members or

837
00:57:20.760 --> 00:57:25.679
<v Speaker 1>caregivers than non disabled people. The Latimer case, he argued,

838
00:57:26.039 --> 00:57:29.800
<v Speaker 1>sent a dangerous message that such killings could be justified,

839
00:57:30.440 --> 00:57:36.400
<v Speaker 1>even celebrated. Others fell somewhere in between. They condemned Robert's

840
00:57:36.440 --> 00:57:40.119
<v Speaker 1>actions while acknowledging the genuine anguish of parents caring for

841
00:57:40.239 --> 00:57:44.639
<v Speaker 1>children with severe disabilities. They called for better support systems,

842
00:57:45.119 --> 00:57:50.360
<v Speaker 1>better pay management, better resources for family struggling with impossible situations.

843
00:57:51.480 --> 00:57:54.440
<v Speaker 1>They argued that the real villain wasn't Robert, but a

844
00:57:54.480 --> 00:57:57.880
<v Speaker 1>society that failed to provide adequate help to families and crisis.

845
00:57:59.079 --> 00:58:02.280
<v Speaker 1>The SIU Rodriguez case had asked whose life is it?

846
00:58:03.360 --> 00:58:07.079
<v Speaker 1>Sue could speak, She could advocate for herself. She made

847
00:58:07.119 --> 00:58:09.719
<v Speaker 1>her own choice, even if the law at the time

848
00:58:09.800 --> 00:58:14.400
<v Speaker 1>didn't permit it. Tracy Latimer never had that choice. She

849
00:58:14.519 --> 00:58:17.480
<v Speaker 1>was twelve years old when her father decided her life

850
00:58:17.480 --> 00:58:21.559
<v Speaker 1>should end. She couldn't consent. She couldn't say yes or no.

851
00:58:22.159 --> 00:58:25.360
<v Speaker 1>She couldn't tell anyone whether she wanted to live or die.

852
00:58:25.960 --> 00:58:29.039
<v Speaker 1>Pat Danforth of the Council of Canadians with Disability said

853
00:58:29.079 --> 00:58:34.119
<v Speaker 1>of the case, Tracy's pain wasn't continuous. It was intermittent

854
00:58:34.320 --> 00:58:38.679
<v Speaker 1>and situational. Whether Robert acted out of love or desperation,

855
00:58:39.480 --> 00:58:44.000
<v Speaker 1>whether he deserved punishment or understanding, whether the mandatory minimum

856
00:58:44.000 --> 00:58:47.920
<v Speaker 1>sentence was justice or cruelty. These questions divided the nation

857
00:58:48.119 --> 00:58:52.119
<v Speaker 1>then and continued to divide people now. The case left

858
00:58:52.159 --> 00:58:56.239
<v Speaker 1>scars that would never fully heal. It exposed step divisions

859
00:58:56.280 --> 00:59:01.760
<v Speaker 1>in Canadian society about disability, suffering, quality of life, and

860
00:59:01.800 --> 00:59:04.760
<v Speaker 1>the value we place on those who are most vulnerable.

861
00:59:05.760 --> 00:59:10.360
<v Speaker 1>It raised questions about parental rights versus children's rights, about

862
00:59:10.400 --> 00:59:13.880
<v Speaker 1>who gets to decide when life is worth living, about

863
00:59:13.920 --> 00:59:19.119
<v Speaker 1>whether compassion can coexist with accountability. More than two decades

864
00:59:19.159 --> 00:59:25.039
<v Speaker 1>after Tracy's death, those questions remain unanswered. People still debate

865
00:59:25.440 --> 00:59:28.800
<v Speaker 1>whether Robert was a murderer or a murder, whether he

866
00:59:28.840 --> 00:59:32.559
<v Speaker 1>should have been imprisoned or pardoned, whether his actions were

867
00:59:32.639 --> 01:00:08.960
<v Speaker 1>unforgivable or understandable. Well, that is it for this episode

868
01:00:09.000 --> 01:00:11.639
<v Speaker 1>of Morbidology. It's always thank you so much for listening,

869
01:00:11.679 --> 01:00:13.360
<v Speaker 1>and I'd like to say a massive thank you to

870
01:00:13.400 --> 01:00:17.360
<v Speaker 1>my new supporters up on Patreon, Morgan and Deanna. The

871
01:00:17.400 --> 01:00:19.280
<v Speaker 1>link to Patreon is in the show notes if you'd

872
01:00:19.320 --> 01:00:22.599
<v Speaker 1>like to join In exchange for your support, I upload

873
01:00:22.679 --> 01:00:25.960
<v Speaker 1>ad free in early release episodes as well as bonus

874
01:00:25.960 --> 01:00:30.199
<v Speaker 1>episodes of Morbidology. Plus I also send out some cool

875
01:00:30.239 --> 01:00:34.000
<v Speaker 1>Patreon exclusive merch and do behind the scenes of some

876
01:00:34.079 --> 01:00:37.320
<v Speaker 1>of the episodes. Remember to check us out at morbidology

877
01:00:37.360 --> 01:00:39.800
<v Speaker 1>dot com for more information about this episode and to

878
01:00:39.880 --> 01:00:42.960
<v Speaker 1>read some true crime articles. Until next time, take care

879
01:00:43.000 --> 01:01:02.360
<v Speaker 1>of yourselves, stay safe, and have an amazing week. Temp
