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R v Latimer (1997)
''R v Latimer'' () 1 S.C.R. 217, was a decision by the Supreme Court of Canada in the controversial case of Robert Latimer, a Saskatchewan farmer convicted of murdering his disabled daughter Tracy. The case involved consideration of arbitrary detention under section 9 of the Canadian Charter of Rights and Freedoms and rights to an explanation for detention and rights to counsel under section 10. The Supreme Court ultimately overturned Latimer's conviction due to the Crown's improper actions at the jury selection stage. As a result, the decision was the first given by the Supreme Court in the Latimer case, the second being ''R. v. Latimer'' (2001) on cruel and unusual punishment under section 12 of the Charter.
==Background==
Latimer, who had poisoned his 12-year-old quadriplegic daughter with carbon monoxide in 1993, became the target of the police's suspicion after Tracy's autopsy. The police then visited Latimer's farm and detained him. The police had said they wanted to talk with Mr. Latimer, and he got into the car with them. An officer then told Latimer he was in a serious situation, he was being detained due to Tracy's death, and that Latimer had a right to counsel and legal aid. Latimer replied that he understood but declined to contact a lawyer immediately. He also wanted to put on different clothes, and the police let him, but they told him they would walk with him into the house as he was now in their custody. During the questioning, the police told Latimer once again that he had rights to counsel and a right to silence, and he declined to ask for a lawyer. After an officer said he was convinced Latimer had killed his daughter, Latimer confessed. He was then charged with murder, after writing a confession that he was told could lead to a murder charge.
When the jury was being selected, the Crown counsel and Royal Canadian Mounted Police intervened to query candidates for the jury on their positions regarding controversial matters such as abortion and euthanasia (matters related to Tracy's death, which Latimer claimed was a mercy killing). Some of candidates who were queried ultimately ended up on the jury. Latimer was found guilty, and the Saskatchewan Court of Appeal upheld the trial decision. It was only after the Court of Appeal's decision that the Crown's actions during jury selection came to light.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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