VICTORIA — After seven years in prison for killing his severely disabled daughter, Robert Latimer will be freed on day parole this week.
The appeal division of the National Parole Board this afternoon overturned a parole board decision last December that rejected Mr. Latimer's bid for parole.
The appeal division, following a month-long review, concluded Mr. Latimer does not in fact pose an undue risk to reoffend.
“The Appeal Division finds that the information available to the Board does not reasonably support the Board's conclusion that you will, by reoffending, present an undue risk to society on day parole,” today's decision says.
Robert Latimer and wife Laura are seen leaving the courthouse in Battleford, Sask., in this 1997 file photo, after a jury convicted him of second-degree murder in the 1993 death of his disabled daughter Tracy.
Kevin Frayer/CP
Robert Latimer
Born: March 13, 1953, in the Wilkie, Sask., area northwest of Saskatoon.
Family: Married Laura, a former teacher from British Columbia, in 1978. Four children — Tracy, Lee, Brian and Lindsay.
Occupation: Farmer. Bought the 485-hectare family farm from his father, Wilbur, in 1976. Farm is about a half-hour drive from town of Wilkie.
Crime: Admitted killing his 12-year-old daughter Tracy in October 1993 by placing her in his pickup truck while the family was at church and piping in the exhaust fumes.
Sentence: Life without chance of parole for 10 years for second-degree murder.
Behind bars: Went to prison Jan. 18, 2001, after losing his final appeal to the Supreme Court. Denied day parole on Dec. 5, 2007, but that decision was overturned Wednesday by National Parole Board’s appeal division. Eligible for full parole on Dec. 8, 2010.
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Mr. Latimer, 44, admitted gassing his daughter Tracy with carbon monoxide in his truck on the family's farm near Wilkie, Sask., on Oct. 24, 1993.
The trial judge, Mr. Justice G.E. (Ted) Noble of the Court of Queen's Bench “It is my opinion that the evidence establishes Mr. Latimer was motivated solely by his love and compassion for Tracy and the need — at least in his mind — that she not suffer any more pain,” the judge said in a 1997 ruling.
But in a Dec. 5 hearing at the William Head Institution near Victoria where the Saskatchewan farmer has served his sentence, Mr. Latimer's application for day parole was rejected despite a psychological assessment that concluded he was not at risk to reoffend.
Mr. Latimer, a grain farmer, ignited a national debate on mercy killing when he killed his 12-year-old daughter, saying she faced escalating medical problems with little relief from pain.
In its decision in December, a three-member panel of the parole board concluded: “You could not or would not describe the feelings or thoughts underlying your actions at the time of the offence.... You appear satisfied with the position that you and only you were able to determine her life or death, describing such decisions as beyond the law.”
The appeal division, however, found that although Mr. Latimer was at times unfocussed, he was not unwilling to answer their questions.
“The Appeal Division finds that the Board's determinations in this regard are unreasonable and unsupported. Your responses at the hearing reveal that you did in fact demonstrate insight and were able to explain why you decided to end the life of your daughter.
The appeal division has applied two conditions to his parole: Mr. Latimer cannot have responsibility for, or make decisions for, any individuals who are severely disabled.
As well, he must participate in psychological counselling “to assist you in your reintegration into the community.”
Mr. Latimer was not available for comment but his lawyer, Jason Gratl, said he will be released as soon as a suitable bed can be found for him at a halfway house in Ottawa.
“I'm delighted with the result,” Mr. Gratl said in an interview.
“I believe most Canadians will agree with the compassion and wisdom shown by the appeal division.”
