R.c.+Houle

Houle pled guilty. -The determination of a just and appropriate sentence is a delicate art -just: balance social objectives and needs of individual -appropriate: take account of the moral guilt of the convicted -The sentencing process should be individualized: for Marielle Houle -s. 718.2 CC – Court has the __obligation__ before depriving individual of his liberty to examine the possibility of less constraining sanctions if the __circumstances justify it__ -To determine the sentence consider questions: Who was the victim? Who is Marielle Houle? Her participation in the criminal act? Aggravating or attenuating circumstances? Possible sentences? Appropriate sentence? – answers must be based at times on the facts, at times the law and other relevant factors -according to her psychiatrist, she discussed with her son ending his life and did so out of her unconditional love for him – from a psychological point of view, there were no signs that she could not distinguish right from wrong; the danger she poses to others is __negligible__ -Houle had a tough childhood herself and she cared for Charles (son) as best she could as a single mother but he was often delinquent, even into his twenties - around 25, he matured and their relationship improved -He started to have serious physical health issues and was __diagnosed with MS__ – he became irritable again but his mother stepped in to help and pay his rent—his condition worsened and he lost his friends—they both felt he would lose all bodily and mental capability in the future --- Houle agreed to support him in his wishes to commit suicide – but the discussion dragged on -she was conscious of the illegal nature of the act and ready to pay the price – he thought she was going to keep the act a secret but she did not mention how she planned to confess all to the police after the fact -she supervised him overdosing on the medicine that caused his death -under s.730 CC, complete acquittal is not possible in terms of sentence for cases of assisted suicide -by contrast, the Court has options such as: -**order of probation** – she is at liberty but with certain conditions -impose fine (or fine and probation) -serve prison time of max 14 yrs (or plus probation order/fine) -all of the above -serve sentence of one year in service of community * suggested by Houle’s lawyer – Crown notes gravity of offence but does not suggest sentence -if we had a system where Charles could choose to die a dignified death, what M. did would not be a crime – __but it is for the legislators to make the law__ -the risk she poses to society is non-existent because she has shown no indication that she poses a threat to others -however, the nature of the crime does not allow clemency – **s. 241 against assisted suicide is to protect victims** -Houle knew what she was doing when she assisted in the suicide -the effect of s.241 is to trump individual choice (Court goes through //Rodriguez//) -Considering the sacred nature of life, it is not arbitrary or unjust to forbit assisted suicide for fear of abuse and the absence of adequate guarantees to protect vulneralbe persons -Affirms distinction between active suicide (prohibited) and passive (allowed – ie stop eating, taking necessary medication) -Court seems sympathetic to Houle ....cites dissent from //Rodriguez,// Senate Committee on euthanasia (for assisted suicide: person committing suicide must be agent of their own death but with the help of another) -euthanasia is volontary when it is conducted according to the wishes of a capable person, clearly voiced in the form of a directive (for example, a specification that Dr. administer moral substance)=== other types are involuntary. Both types of euthanasia are ILLEGAL in Canada. -although a majority of the Senate committee thought that volontary euthanasia should remain criminalized (minority thought otherwise), they thought that punishment should be less severe -Court cites bill C-407 that was presented in 2005 - Law to Modify the Criminal Code (Right to die a dignified death) and the state of affairs in the US (states can chose to legalize assisted suicide or not...however, generally rejection of permitting it) - Belgium and the Netherlands have legislated to allow euthanasia if it is practiced according to certain conditions -even if Canada had more avant-garde legislation in this respect, the acts of Houle are not acceptable -have to consider the reproach of the community and the dissuasive effect of the law **-it is necessary to give a sentence that would dissuade others from acting like Houle** -a harsh prison sentence would not serve justice, nor would it protect the community and it would be a cruel punishment for Houle -sentence of community service is inappropriate because Houle does not feel she has any wrong to repair (reparation objective misplaced here) RESULT -because punitive measures are inappropriate here, **a sentence of probation is best** (Proulx case) Type in the content of your page here.
 * // R. v. Houle //**// 2006 Superior Court of //// Quebec //
 * Facts: ** Houle helped her terminally ill son commit suicide. See Qui est Madame Houle below for how detailed Court was...
 * Issue: ** What sentence should be accorded Marielle Houle? She plead guilty
 * Analysis: **
 * Qui est Marielle Houle? ** 60 years old – some health problems – in 2001, suffered from severe depression and borderline personality disorder (long list of factors given) – her son died of multiple sclerosis and she was subject to a criminal accusation – she remains holed up in her apartment - for her, her life has stopped
 * History **
 * Law **
 * -that said, it is well recognized today that prison sentences do not generally constitute an effective means of dissuasion para 151 **