A Heartbreaking Decision in an Ottawa Home
When Carol Berthiaume, a care coordinator, visited the Ottawa residence of Philippe Hébert and Richard Rutherford on the Thursday before Good Friday in 2022, she encountered a home meticulously prepared for Easter. The dwelling, where the couple had lived for nearly four decades, featured a needlepoint runner embroidered by Hébert himself. Yet beneath this serene surface lay a profound tragedy about to unfold.
The Weight of Caregiving
Richard Rutherford, an 87-year-old former principal dancer with the Royal Winnipeg Ballet, was in declining health. He battled prostate cancer, diabetes, vascular dementia, and mobility challenges, spending up to twenty hours daily in bed. His husband, Philippe Hébert, aged 69 at the time, served as his primary caregiver, managing a grueling routine that included toileting assistance, meal preparation, and constant vigilance to prevent falls.
Berthiaume's visit aimed to assess Rutherford's capacity to decide about transitioning to long-term care. During the evaluation, Rutherford expressed that living with Hébert was "the greatest thing to ever happen," yet he firmly stated, "I would rather die than leave my home." Berthiaume ultimately deemed him incapable of making such decisions, transferring that responsibility to Hébert as his power of attorney.
A Fateful Night
Hours after Berthiaume departed, the situation reached a devastating climax. Hébert suffocated Rutherford using the plastic portion of a fresh incontinence pad, following Rutherford's repeated assertions that he preferred death to institutional care. Hébert then made multiple suicide attempts, ingesting ant poison and experimenting with gas asphyxiation before calling 911 to confess.
Initially charged with second-degree murder, Hébert pleaded guilty to manslaughter. The case, drawing from sentencing hearings at the Ottawa courthouse, centers on whether Hébert should face prison time for his actions.
Legal and Moral Crossroads
The proceedings explore complex questions about mercy killings, caregiver exhaustion, and the legal framework surrounding end-of-life decisions. Defence lawyer Solomon Friedman argued that Canadian courts have shown reluctance to impose lengthy sentences in similar cases, particularly since the introduction of Medical Assistance in Dying (MAID) legislation in 2016.
Friedman noted that while mercy killings typically lack consent, society's evolving stance on end-of-life choices creates new considerations. Crown prosecutor Elena Davies, however, sought a six-year sentence, emphasizing the need to denounce the homicide and deter others from taking similar actions.
A Lifetime Together
Hébert and Rutherford's relationship began in 1976 at a Winnipeg gay bar, blossoming into a partnership that saw them relocate to Ottawa. Their home became a hub for the city's gay and arts communities, with Rutherford gardening exotic plants and Hébert gaining renown for his baking. They married in 2006, less than a year after Canada legalized same-sex marriage, celebrating at the human rights monument Rutherford helped establish.
In court, Hébert appeared as an avuncular figure with a pronounced cheek twitch, wearing a needlepoint vest he embroidered himself. He testified without regret, stating, "I would do it again," while acknowledging the emotional turmoil of his actions.
Sentencing Awaits
Superior Court Justice Kevin Phillips is scheduled to deliver the sentence on February 17, 2026. The case highlights the immense pressures faced by caregivers, especially during the COVID-19 pandemic, and the ethical dilemmas when love intersects with mortality. As one of few mercy-killing cases since MAID's implementation, it continues to shape conversations about compassion, justice, and the limits of personal agency in life's final chapters.
