Ottawa "mercy Killing" court decision reminds me of the Netherlands Postma decision.

Alex Schadenberg
Executive Director, Euthanasia Prevention Coalition

Hébert & Rutherford

Nicholas Kohler reported for the Ottawa Citizen on February 17, concerning the "sentencing" of Philippe Hébert who killed his partner Richard Rutherford, that:

Philippe Hébert will serve no time in prison following his guilty plea to manslaughter in the homicide of his husband and partner for over 40 years, Richard Rutherford, a judge has ruled.

Superior Court Justice Kevin Phillips sentenced Hébert, 73, to two years less a day, to be served under house arrest at the home Hébert shared for decades with Rutherford in Ottawa’s east end.

David Fraser reported for CBC news on February 17 that:

Philippe Hébert, 74, killed his husband of 40 years, Richard Rutherford, on April 15, 2022, inside the Smyth Road home the couple shared. Rutherford was 87 and suffering from multiple health problems including a recent cancer diagnosis.

Fraser also reported that:

Last September, on the eve of his murder trial, Hébert pleaded guilty to the lesser charge of manslaughter. Crown prosecutors argued he should go to prison for six years, while his defence asked for two years.

So even though the original charge of second degree murder was lessened to manslaughter based on a plea bargain, Justice Phillips essentially gave Hébert no sentence (house arrest) for killing Rutherford.

Fraser reported Justice Philips reason for his decision.

Phillips said despite the killing being "close to murder," Hébert was honouring the "last wish" of his husband and friend. Rutherford had the mental capacity to make that decision, and given his medical condition it was understandable, the judge said.

Nobody questions that there were mitigating factors in this case but creating a precedent that one person can kill another person with a serious illness, and only receive a suspended sentence opens the door to further "mercy killings." In fact this decision indicates that legalizing euthanasia in Canada has eroded the willingness of judges to penalize someone who has murdered a sick friend or relative.

This decision reminds me of the Netherlands euthanasia court case, that eventually led to euthanasia being legalized. The Postma case concerned Geertruida Postma, a physician, who killed her mother in November 1971. Her mother was living with significant health conditions including a cerebral hemorrhage, she was partly paralyzed, could hardly speak, had pneumonia and was deaf.

Time Magazine reported that when asked in the court whether her mother's suffering was unbearable, Dr. Postma responded:

“No, it was not unbearable. Her physical suffering was serious, no more. But the mental suffering became unbearable.” That “was most important to me. Now, after all these months, I am convinced I should have done it much earlier.”

I hope that the Hébert decision has not opened the door to people in close relationships killing based on "mercy" without fear of serious legal repercussions.