What Charter of Rights did the case of R.v.Latimer abuse?
A very complex case. During Latimer’s second trial (the Supreme Court ordered a new trial based on questions perspective jurors were asked at the start of the first trial), the jury convicted Latimer with Second Degree Murder, and recommended he be eligible for parole after one year. The minimum sentence for this conviction is 25 years with the eligibility for parole after 10 years. The judge agreed, indicating that this was a case of a compassionate homicide, carried out by a loving father that wanted to end the suffering of his child. The judge ruled that imposing the minimum sentence of 10 years would be “cruel and unusual punishment” contrary to Section 12 of the Charter: Everyone has the right not to be subjected to any cruel and unusual treatment or punishment. He then granted a constitutional exemption to the minimum sentence requirement per Section 24: (1) Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of compe
