Latimer Case: Latimer's application to appeal (1997)

IN THE COURT OF APPEAL FOR SASKATCHEWAN

IN THE MATTER OF A CONVICTION AND SENTENCE APPEAL BY ROBERT W. LATIMER, CONVICTED ON NOVEMBER 5, 1997 AND SENTENCED ON DECEMBER 1, 1997 BY THE HONOURABLE MR. JUSTICE G.E. NOBLE, SITTING WITH A JURY, IN COURT OF QUEEN'S BENCH, BATTLEFORD, SASKATCHEWAN, FOR THE OFFENCE THAT HE "ON OR ABOUT THE 24TH DAY OF OCTOBER, 1993, AT THE WILKIE DISTRICT, IN THE PROVINCE OF SASKATCHEWAN, DID UNLAWFULLY CAUSE THE DEATH OF TRACEY LYNN LATIMER AND DID THEREBY COMMIT THE OFFENCE OF SECOND DEGREE MURDER CONTRARY TO SECTION 235(1) OF THE CRIMINAL CODE".

BETWEEN:

HER MAJESTY THE QUEEN,
RESPONDENT

AND:

ROBERT W. LATIMER
APPELLANT

************************

NOTICE OF APPLICATION
FOR LEAVE TO APPEAL

and

NOTICE OF APPEAL

***********************

IN REGINA: IN SASKATOON

KRAUS MCKAY PEDERSON BRAYFORD-SHAPIRO
Barristers and Solicitors Barristers and Solicitors
400-1900 Albert Street 311-21st Street East
Regina, Saskatchewan Saskatoon, Saskatchewan
S4P 4K8 S7K 0C1

NOTICE OF APPLICATION FOR LEAVE TO APPEAL

and

NOTICE OF APPEAL

The Appellant, ROBERT W. LATIMER, hereby gives you notice that he desires to apply to the Court of Appeal for leave to appeal and does appeal, if leave is granted, to the Court of Appeal with respect to his conviction on November 5, 1997, and sentence on December 1, 1997, by the Honourable Mr. Justice G.E. Noble, sitting with a jury, in the Court of Queen's Bench, Battleford, Saskatchewan, for the offence that he "on or about the 24th day of October, 1993, at the Wilkie District, in the Province of Saskatchewan, did unlawfully cause the death of Tracey Lynn Latimer and did thereby commit the offence of second degree murder contrary to Section 235(1) of the Criminal Code".

AND FURTHER, I HEREBY GIVE YOU NOTICE that the Appellant, ROBERT W. LATIMER, alternatively desires to appeal to the Court of Appeal against his sentence of "a period of confinement which will not exceed 2 years less one day which will be served as follows: Imprisonment for one year to be served in a Provincial Correctional Centre commencing immediately. That upon release from serving the said term of imprisonment, be placed on probation for remaining period of one year less one day".

The following is the Order the Appellant seeks to be made:

An Order quashing the conviction of the Appellant on the charge of second degree murder.

This Order is sought on the following grounds:

1. THAT the learned trial Justice erred in law in failing necessity as an issue for the jury.

2. THAT the learned trial Justice erred in law in declining to rule on whether necessity would be left to the jury, prior to counsels' addresses;

3. THAT the learned trial Justice erred in law in ruling that in a murder case, a jury cannot be told of the minimum punishment;

4. THAT the learned trial Justice erred in law in failing to provide the jurors with correct and comprehensive responses that fully answered their questions;

5. THAT the learned trial Justice erred in law in failing to instruct the jury to decide the case on what they felt was just, if they were of the view that following the law would lead to an unjust result;

6. THAT the learned Justice erred in law in not charging the jury that they could find that Robert Latimer had the legal right to decide to commit suicide for his daughter, by virtue of he and his wife being her autrogate decision makers for all other decisions;

7. THAT the sentence imposed by the learned Justice is greater than is warranted or necessary, considering the facts of the case and the accused's background;

8. Such further and other grounds as counsel may advise and this Honourable Court may allow.

The Appellant desires to present his case and argument by oral argument.

The Appellant desires to be present in person.

If a new trial is directed, the Appellant desires to be tried by Judge and jury.

My address for service is:

In Saskatoon:

Brayford-Shapiro
Barristers and Solicitors
311-21st Street East
Saskatoon, Saskatchewan
S7K 0C1

In Regina:

Kraus McKay Pederson
Barristers and Solicitors
400-1900 Albert Street
Regina, Saskatchewan
S4P 4K8

DATED at Saskatoon, Saskatchewan, this 19th day of December, A.D. 1997.

BRAYFORD-SHAPIRO

TO: The Registrar of the Court of Appeal