R. v. Latimer: Cruel and Unusual Punishment?
1. What court is hearing this case?
2. What previous court already decided on the case?
3. What was the crime that Latimer was originally convicted of?
4. Explain how the issue of “cruel and unusual punishment” (section 12 of the CCRF) becomes an issue in this case.
5. What does the court rule on the issue of cruel and unusual punishment? Summarize the judge’s main arguments?
6. According to the judge, what sentencing principles are not served by Latimer’s minimum 10 year sentence? What is purpose of sentencing is served?
7. Examine the list of interveners in this case. Each had an opportunity to present to the court. Summarize the point-of-view that you would expect the three groups below to present on this case:
* the Catholic Group for Health, Justice and Life
* the Council of Canadians with Disabilities
8. Examine the mitigating and aggravating factors listed by the judge with respect to Latimer. Do you agree with the judge’s decision that the aggravating factors outweighed the mitigating factors? Concisely explain your position.
R. v. Latimer,  1 S.C.R. 3, 2001 SCC 1
Robert William Latimer Appellant
Her Majesty The Queen Respondent
The Attorney General of Canada,
the Attorney General for Ontario,
the Canadian Civil Liberties Association,
the Canadian AIDS Society,
the Council of Canadians with Disabilities,
the Saskatchewan Voice of People with Disabilities,
the Canadian Association for Community Living,
People in Equal Participation Inc.,
DAWN Canada: DisAbled Women’s Network of Canada,
People First of Canada,
the Catholic Group for Health, Justice and Life,
the Evangelical Fellowship of Canada,
the Christian Medical and Dental Society and
Physicians for Life ...