Tracy’s tragedy doesn’t end with murder conviction

Questions of compassion and justice surround Latimer case

Tracy Latimer suffered more than most in the 12 years of her life. She lived in pain and died in humiliation, breathing carbon monoxide pumped into the cab of the truck she was propped up in. But it is in the four years since her death that Tracy has become the subject of a sometimes ugly, always passionate debate.

When her dad, Robert Latimer, was convicted November 5 for the second time of second degree murder for her 1993 death, the country was once again in an uproar over the rights of the suffering to live or to die. From a legal standpoint, the jury in Battleford, Saskatchewan, had no alternative but to convict Latimer of the charges against him: he had freely admitted that he killed his 12-year-old daughter; he had even described in detail to the police how he did it.

Moral questions

But outside the courtroom, in newsrooms and private conversations throughout the country, the question was a moral one: was Latimer justified–by compassion–in taking the life of his suffering little girl? Hadn’t the parents already endured enough? And whose heart wasn’t wrenched by the sound of Laura Latimer screaming "No! No! No!" as the jury declared its verdict?

Bob and Laura Latimer loved their daughter, but caring for her and seeing her in pain year after year took their toll. Latimer says he couldn’t bear to see Tracy suffer any longer from the debilitating form of cerebral palsy that so limited her life. His wife wished aloud that they could find "a Dr. Kevorkian" (a reference to the American leader of assisted suicides) to help them relieve Tracy’s troubles.

The difference between Tracy’s case and the ones in which Jack Kevorkian has had a hand is simple: Kevorkian’s victims have all requested that he help them die. The unanswerable question about Tracy is whether she wanted her life to end. She had no means of communicating that desire. (It’s more than a little ironic that child-rights advocates who seek to diminish the rights of parents have not spoken up on behalf of a child who couldn’t speak for herself.)

What Tracy could communicate–and apparently did–was whether she was happy or sad. There are many indications, and numerous televised photos to back them up, that Tracy enjoyed her life to the measure that she could. Court evidence said Tracy loved music, smiled, laughed, and related to friends and family.

Support apparently lacking

Part of the tragedy of Tracy’s life and death is that, for whatever reason, her parents either chose not to or were unable to find the emotional and physical support they needed to care for her. Others with painful disabilities, or those looking after them, have stated that what makes the difference in their lives is having a caring community around them. As one disabled person has said, there is no such thing as absolute independence. Everyone is part of an interdependent network; the disabled just make that interdependence more visible.

One adoptive mother of a girl with a similar condition to Tracy’s says her church community helps her, providing respite care when needed or just calling to see how things are going. Perhaps that caring, compassionate Christian community was, sadly, lacking for the Latimer family.

Another mother, who wheeled her disabled daughter into the Battleford courtroom during the trial, told reporters that real compassion means not ending a life but finding the energy and the love to wake up each morning and look after a child in pain.

Those who suggest a life lived in pain is not a life worth living are perhaps unaware of two things: that life itself, no matter how small or how seemingly unimportant, has value; that pain is not the yardstick with which to measure quality of life. As Crown prosecutor Eric Neufeld said, "Pain is a condition of life, not a reason for death."

The Christian theology of suffering recognizes that no matter how much we might suffer physically and emotionally on earth, Christ suffered more. If we suffer, in some small way we are identifying with Christ. The converse is also true: in suffering, we can be privileged to realize how Christ identifies with us and understands our pain.

Suitable sentence

Where does compassion fit into the issue of a suitable punishment for the unrepentant Robert Latimer? Normally a person convicted of second-degree murder must serve at least 10 years before seeking parole. In the meantime Latimer has been released on his own recognizance while his lawyer negotiates for a more lenient sentence. Whether a 10-year jail sentence is appropriate is unclear. As McGill University ethicist Margaret Somerville pointed out, Latimer is unlikely to re-offend, so jail would be a deterrent to others considering such an act, not to him.

Perhaps the more compassionate and economical solution would be to allow Latimer to serve his sentence on his Saskatchewan farm rather than in jail. (In fact, his original sentence, while awaiting the first trial in 1994, was exile on the farm, but this was dropped due to appeals.) That way, he could continue to be productive. In addition, he could be allowed to leave the farm to do community service that would benefit those who are suffering from disabilities.

But if he is simply allowed to go free, too many helpless Canadians will be left wondering if they will be the next victims.

Ultimately, the sad story of Tracy Latimer should be a lesson to all of us. We all know people who suffer, whose lives and pain sometimes seem unbearable. Are we doing all we can to help, or are we letting them struggle, as Robert and Laura Latimer did, with their own, inadequate responses?

Debra Fieguth

Associate editor

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