PM, justice minister, asked to consider new trial or pardon in Latimer case

WILKIE, Sask. — A Saskatchewan farmer who was convicted of killing his severely disabled daughter nearly 25 years ago is applying for either a new trial or a pardon.

Robert Latimer’s Vancouver lawyer, Jason Gratl, has filed an application with Prime Minister Justin Trudeau and federal Justice Minister Jody Wilson-Raybould, asking them to consider both options.

Gratl cites a miscarriage of justice in his client’s case, stating that although Latimer no longer faces restrictive parole conditions, his life sentence means he lives under the permanent threat of having his parole revoked.

Latimer’s daughter Tracey, who had cerebral palsy following oxygen deprivation at birth, was 12 when her father killed her in October 1993 by piping exhaust fumes into the cab of his truck.

Latimer appealed after he was convicted of second-degree murder in 1994 and in 1997 the Supreme Court of Canada ordered a new trial due to jury interference.

He was convicted again and eventually sentenced to life in prison with no parole for 10 years.

He was granted day parole in February 2008 and full parole in November 2010.

Gratl’s application states the circumstances of his client’s conviction deserve what would be a rare ministerial review, but if that’s not granted then Latimer deserves a pardon.

He said Latimer is a “victim of medical malpractice” because if Tracey had received the medical treatment to which she was lawfully entitled, her father would never have intervened.

“The miscarriage of justice in Mr. Latimer’s trial results from the fact that opiate analgesia, which would have had the secondary effect of ending Tracey’s life and the option of palliative sedation, was unlawfully and unfairly withheld from Tracey,” he wrote.

“The fact that this was not considered at trial or any of the appellate levels was manifestly unjust and amounts to a miscarriage of justice.”