ABSTRACT

This chapter dwells on one protracted Canadian case in which the convicted wrongdoer, Robert Latimer, maintained that his decision to end the life of his severely disabled daughter was morally justified, and refused to show remorse at any point in his involvement with the criminal justice system. Defiance as exemplified by the willingness of those who stand convicted to assert the moral correctness of their actions in place of the expected demonstration of remorse is a defining feature of some of the most well-known and politically significant trials in Western history. The combination of defiance as manifested by the refusal to show remorse together with fearlessness at the prospect of death or punishment can be seen as a total repudiation of the moral community represented by the court. Latimer’s refusal to show remorse became a challenge to the courts that would impose punishment on someone who acted in defiance of the law.