The decision was written by Chief Justice Antonio Lamer, who emphasized at the outset that his decision would not deal with the ethical controversies surrounding what Latimer claimed to have been a mercy killing. Latimer also claimed his detention was arbitrary and therefore breached section 9 of the Charter.
Chief Justice Antonio Lamer authored the decision, stating it wouldn't address the ethical concerns about Latimer's alleged mercy killing. He also argued that Latimer's detention was arbitrary and thus violated Section 9 of the Charter.