Latimer—tThe
      Discussion
      Cannot
      End
     
    
   
   
    
     
       
     
    
   
   
    
     
      Sandi
      MacKinnon
      is
      a
      long-
     
     
      time
      advocate
      and
      activist
      for
      and
     
     
      on
      behalf
      of
      people
      living
      with
      dis-
     
     
      abilities
      on
      PEI.
      She
      also
      worked
     
     
      for
      several
      years
      with
      the
     
     
      Association
      for
      Community
      Living
     
     
      as
      Advocate
      and
      Social
      Policy
     
     
      Researcher.
      Currently,
      MacKinnon
     
     
      attends
      UPEI,
      a
      stop
      her
      road
      to
      fol-
     
     
      lowing
      the
      dream
      of
      going
      to
      Law
     
     
      School.
      From
      both
      a
      personal
      and
     
     
      professional
      interest,
      MacKinnon
     
     
      has
      been
      following
      Tracy
      Latimer’s
     
     
      story
      and
      the
      role
      her
      father
      took
      in
     
     
      ending
      her
      life.
     
    

    
     
      Although
      she
      doesn’t
      see
     
     
      herself
      as
      a
      “hardliner,”
     
     
      MacKinnon
      contends
      the
      courts
     
     
      had
      little
      choice
      but
      to
      come
      back
     
     
      with
      the
      decision
      they
      did.
      “What
     
     
      he
      did
      was
      wrong,
      and
      there
      are
      no
     
     
      laws
      [in
      Canada]
      that
      sanction
      com-
     
     
      mitting
      the
      act
      he
      did.
      The
      law
     
     
      courts
      could
      do
      nothing
      but
      find
     
     
      him
      guilty.
      There
      didn’t
      seem
      to
      be
     
     
      anything
      available
      to
      the
      courts
      that
     
     
      would
      allow
      them
      to
      temper
      the
     
     
      decision
      with
      compassion.”
     
    

    
     
      From
      every
      thing
     
     
      MacKinnon
      has
      seen
      and
      heard
     
     
      about
      Latimer,
      she
      said
      he
      comes
     
     
      off
      as
      a
      “salt
      of
      the
      earth,”
      type
      of
     
     
      person.
      For
      all
      intents
      and
      purpos-
     
     
      es,
      a
      family
      man
      with
      three
      other
     
     
      children,
      given
      this
      other
      aspect
      of
     
     
      this
      man,
      the
      main
      question
      that
     
     
      needs
      to
      be
      asked
      and
      addressed
      is
     
     
      why
      Latimer
      felt
      that
      ending
     
     
      Tracy’s
      life
      was
      the
      only
      course
      of
     
     
      action
      available
      to
      him.
      —
     
    

    
     
      “There
      are
      families
      all
      over
     
     
      this
      country
      not
      getting
      the
      support
     
     
      they
      need.
      From
      what
      I
      understand,
     
     
      Tracy
      was
      in
      an
      institution
      and
      did-
     
     
      n't
      not
      fare
      very
      well
      there
      and
      she
     
     
      suffered
      sever
      weight
      loss
      prompt-
     
     
      ing
      their
      decision
      to
      bring
      her
      back
     
     
      home.
      How
      much
      does
      any
      of
      this
     
     
      play
      out
      in
      this
      scenario?”
      People,
     
     
      Said
      MacKinnon,
      are
      being
      kept
     
    
   
   
    
     
      alive
      in
      an
      unnatural
      way
      because
     
     
      medical
      techniques
      allow
      doctors
      to
     
     
      perform
      operation
      upon
      operation
     
     
      keeping
      them
      alive,
      but
      that
      doesn’t
     
     
      answer
      the
      basic
      question
      of
      quali-
     
     
      ty
      of
      life
      and
      it
      doesn’t
      mean
      that
     
     
      keeping
      them
      alive
      because
      medi-
     
     
      cine
      can,
      is
      right.
     
    

    
     
      “As
      parents
      we
      are
      cog-
     
     
      nizant
      of
      our
      children,
      we
      can
      rec-
     
     
      ognize
      what
      they
      are
      expressing
      I
     
     
      don’t
      doubt
      Latimer’s
      word
      that
      he
     
     
      knew
      his
      daughter
      was
      in
      pain,”
     
     
      said
      MacKinnon.
     
    

    
     
      Legal
      issues
      aside,
      Dr.
     
     
      Malcolm
      Murray
      makes
      a
      “bold
     
     
      claim,”
      in
      speaking
      on
      the
      ethical
     
     
      implications
      of
      last
      weeks
      convic-
     
     
      tion
      of
      Robert
      Latimer
      of
      second
     
     
      degree
      murder
      in
      the
      death
      of
      his
      12
     
     
      year-old
      disabled
      daughter.
     
    

    
     
      Murray
      who
      is
      Assistant
     
     
      Professor
      in
      Philosophy
      at
      the
     
     
      University
      of
      Prince
      Edward
      Island
     
     
      said,
      “active
      euthanasia
      is
      perfectly
     
     
      fine
      in
      principle
      if
      suitable
      con-
     
     
      straints
      are
      met,”
      and
      in
      Latimer’s
     
     
      case,
      Murray
      said
      these
      constraints
     
     
      did
      not
      appear
      to
      have
      been
      met.
     
     
      Detailing
      some
      basic
      constraints,
     
     
      Murray
      said
      these
      would
      entail
      that
     
     
      “all
      relevant
      parties
      be
      suitably
     
     
      informed,
      voluntary
      and
      competent
     
     
      [to
      make
      a
      decision]—and
      for
      the
     
     
      individual.
      involved,
      that
      _
      their
     
    
   
   
    
     
      choice
      is
      voluntary.”
      When
      an
      indi-.
     
    
   
   
    
     
      vidual
      fails
      to
      meet
      these
      conditions
     
     
      then
      it
      is
      necessary
      to
      move
      to
      a
     
     
      substitute
      decision-maker.
      In
      order
     
     
      to
      protect
      someone
      unable
      to
      make
     
     
      a
      decision
      for
      their
      selves,
      it
      is
      nec-
     
     
      essary
      for
      everyone
      involved
      to
      be
     
     
      a
      part
      of
      the
      process
      in
      determining
     
     
      who
      can
      make
      decisions
      for
      the
     
     
      individual
      in
      question.
     
    

    
     
      Latimer
      seems
      to
      have
     
     
      bypassed
      this
      whole
      area
      and
      taken
     
     
      complete
      and
      sole
      control
      of
      the
     
     
      decision
      making
      process
      to
      end
      his
     
     
      daughters
      life.
      This
      is
      where
      the
     
    
   
   
    
     
       
     
    
   
   
    
     
      waters
      get
      muddied
      said
      Murray,
     
     
      when
      we
      start
      talking
      about
      an
     
     
      alternative
      or
      substitute
      decision-
     
     
      maker
      for
      another
      individual.
      The
     
     
      muddier
      the
      water,
      the
      more
      strin-
     
     
      gent
      the
      criteria
      needs
      to
      be.
      The
     
     
      purpose
      of
      having
      strict
      conditions
     
     
      around
      such
      an
      issue
      as
      to
      who
      has
     
     
      the
      decision
      making
      powers
      is
      min-
     
     
      imally
      to
      protect
      people
      from
      abuse
     
     
      and
      ultimately
      to
      ward
      off
      vigilante
     
     
      type
      activities
      said
      Murray.
     
     
      However,
      Murray
      acknowl-
     
     
      edged
      that
      this
      whole
      view
      is
      con-
     
     
      tingent
      on
      the
      premise
      that
      active
     
     
      euthanasia
      is
      acceptable
      and
      legal,
     
     
      which
      in
      Canada
      it
      is
      not.
      Murray
     
     
      said,
      that
      since
      our
      government
     
     
      does
      not
      support
      active
      euthanasia,
     
     
      there
      are
      no
      safe
      guards,
      nor
      any
     
    
   
   
    
     
      criteria
      for
      a
      case
      such
      as
      this,
      there
     
     
      didn’t
      seem
      to
      be
      anywhere
      for
     
     
      Latimer
      to
      turn
      to.
      What
      he
      did
     
     
      wasn’t
      right,
      but
      considering
      the
     
     
      circumstances,
      it
      is
      easier
      to
      under-
     
     
      stand
      why
      Latimer
      chose
      the
      course
     
     
      of
      action
      he
      did.
      One
      way
      to
      avoid
     
     
      future
      situations
      of
      this
      kind,
      would
     
     
      be
      to
      lobby
      for
      active
      euthanasia
     
     
      said
      Murray
      and
      to
      put
      safeguards
     
     
      in
      place.
     
    

    
     
      MacKinnon
      also
      feels
      there
     
     
      is
      a
      need
      for
      Canadian
      lawmakers
     
     
      to
      take
      another
      look
      at
      how
      this
     
     
      case
      has
      played
      out
      and
      why.
     
     
      Latimer’s
      incarceration
      cannot
      sig-
     
     
      nify
      the
      end
      of
      the
      discussion,
      but
     
     
      only
      the
      beginning
      and
      how
      as
      a
     
     
      society
      we
      define
      quality
      of
      life
      and
     
     
      life
      at
      all
      costs.
     
    
   
   
    
     
      The
      Cadre