Is a disabled life not worth living?
Man on a Mission," screamed the headlines on March 17, the day Robert Latimer arrived in Ottawa on day parole. Latimer chose an Ottawa halfway house for his parole so that he could try to get politicians to review his case and clear his name.
The Ottawa press is treating Latimer as a celebrity, an underdog hero tenaciously seeking justice.
But is he?
Latimer is a household name in much of the country. Back in 1993, he placed his daughter, Tracy, who suffered from severe cerebral palsy, in his pickup truck and poisoned her with car exhaust. He was convicted of second degree murder and sent to jail with a sentence of life in prison with no chance of parole for 10 years. That is a simplistic description-the process involved two trials and two appeals to the Supreme Court of Canada.
Latimer is not "free," as he has only served seven years of his sentence. But he is eligible for day parole, which means living in a half-way house and being free during the day. He must return to the secure facility at night.
The granting of day parole was a very controversial issue for Latimer. One of the things the parole panel looks for is remorse, but Latimer has consistently argued that he did nothing wrong. He admits that he killed his daughter, but he says that it was the right thing to do.
Many people have sympathy for Latimer. I know because I was legal counsel to the Evangelical Fellowship of Canada, which intervened in the last appeal to the Supreme Court of Canada. I received many e-mails arguing that Latimer had "suffered enough" and should be freed. These same arguments surfaced when he was initially denied day parole, a decision which was reversed within a few weeks.
Latimer's arguments are truly a contortion of language and law. He says that Tracy should not have been "forced to live." There is a vast gulf between allowing someone to die of natural causes and gassing her in a truck. Latimer did not "allow Tracy to die," he killed her.
Tracy was disabled. She was in a wheelchair. She required medical care. Does that mean that her life was not worthwhile? Her father thought so. But is he the only authority?
There is a strong tendency in our society to think that having a disability makes life not worth living. For example, more than 90 per cent of babies with Down syndrome are aborted. Parents of Down syndrome children who keep their children say that their children not only live relatively normal lives, they are also rays of sunshine in the lives of their families.
Public sympathy for Latimer has raised alarm bells among those who are disabled. Tracy was not dying; she was disabled. She did not ask her father to kill her; he came up with that idea on his own. If Canadians think it is okay for a dad to kill his child because he thinks it is best for her, where will the line be drawn? Remember that Latimer did not consult with anyone-it was his own idea and decision.
I have drawn up legal documents for a friend to ensure her brother cannot make health decisions for her. She was deeply concerned that he would take the first opportunity to end her life.
Latimer will be campaigning to loosen the laws that protect life. But opening up the prohibitions on murder makes those who are most vulnerable even more so-vulnerable in the hands of their own relatives.
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