Latimer Case: Crown application to appeal (1997)

IN THE COURT OF APPEAL FOR THE PROVINCE OF SASKATCHEWAN

BETWEEN:

HER MAJESTY THE QUEEN, APPELLANT

AND

ROBERT LATIMER

(DOB: MAR. 13, 1953), RESPONDENT

NOTICE OF APPLICATION FOR LEAVE TO APPEAL AND NOTICE OF APPEAL

D. MURRAY BROWN, Q.C.
AGENT OF THE ATTORNEY GENERAL
FOR THE PROVINCE OF SASKATCHEWAN
3RD FLOOR, 1874 SCARTH STREET
REGINA, SASKATCHEWAN S4P 3V7

IN THE COURT OF APPEAL FOR THE PROVINCE OF SASKATCHEWAN

IN THE MATTER OF AN APPEAL BY THE ATTORNEY GENERAL FOR THE PROVINCE OF SASKATCHEWAN WITH RESPECT TO THE SENTENCE PASSED BY THE HONOURABLE MR. JUSTICE NOBLE, A JUDGE OF THE COURT OF QUEEN'S BENCH AT BATTLEFORD, ON A CHARGE THAT ROBERT LATIMER ON OR ABOUT THE 24TH DAY OF OCTOBER, A.D. 1993, AT OR NEAR WILKIE SASKATCHEWAN DID UNLAWFULLY CAUSE THE DEATH OF TRACY LYNN LATIMER AND DID THEREBY COMMIT THE OFFENCE OF SECOND DEGREE MURDER, CONTRARY TO SECTION 234 (1) OF THE CRIMINAL CODE;

AND WAS CONVICTED AND SENTENCED ON THE 1ST DAY OF DECEMBER, A.D. 1997 TO IMPRISONMENT OF TWO YEARS LESS ONE DAY, WITH ONE YEAR BEING SERVED IN THE CORRECTIONAL CENTRE, AND UPON RELEASE THAT HE BE PLACED ON PROBATION FOR THE REMAINING PERIOD.

BETWEEN:

HER MAJESTY THE QUEEN, APPELLANT
AND
ROBERT LATIMER, RESPONDENT

NOTICE OF APPLICATION FOR LEAVE TO APPEAL AND NOTICE TO APPEAL

THE ATTORNEY GENERAL FOR THE PROVINCE OF SASKATCHEWAN hereby gives you notice that he is applying for Leave to Appeal to the Court of Appeal and if leave be granted, is appealing with respect to the sentence passed by the Honourable Mr. Justice Noble, a Judge of the Court of Queen's Bench at Battleford on a charge that you did commit an offence contrary to section 235 (1) of the Criminal Code. The Attorney General for the Province of Saskatchewan shall request the said Court to vary and increase the sentence for the offence of which the accused was convicted.

THE FOLLOWING ARE THE GROUNDS OF APPEAL:

1. That the learned trial judge erred in failing to apply the Saskatchewan Court of Appeal decision in R. v Latimer (1995), 99 C.C.C. (3d) 481 to disallow the Respondent's claim for a constitutional exemption from the sentence required by law.

2. That the learned trial judge erred in law in granting the Respondent a constitutional exemption from the mandatory provisions of sections 235 (1) and 745 (c) of The Criminal Code of Canada when he did not find that either section violated The Charter of Rights and Freedoms.

3. That the learned trial judge erred in law in holding that the Respondent should receive a constitutional exemption from the mandatory provisions of sections 235 (1) and 745 (c) of The Criminal Code of Canada without first properly considering the effect of the Royal prerogative of mercy contained in sections 748 and 749 of The Criminal Code of Canada on the need to grant the said constitutional exemption.

4. That the learned trial judge erred in law in imposing a sentence that is illegal and contrary to the mandatory provisions of sections 235 (1) and 745 (c) of The Criminal Code of Canada.

THE ADDRESS FOR SERVICE of the Appellant is 3rd Floor, 1874 Scarth Street, Regina, Saskatchewan S4P 3V7.

DATED at the City of Regina, in the Province of Saskatchewan, this 11th day of December, A.D. 1997.

Signed
D. Murray Brown, Q.C.
Agent of the Attorney General
for the Province of Saskatchewan

TO:

The Registrar, Court of Appeal Court House, Regina, Saskatchewan

ROBERT LATIMER

Respondent