Tragic End to Caregiving: A Love Story Turned Homicide

On April 14, 2022, the life of Richard Rutherford came to a tragic end in his Ottawa home, where he had spent nearly 40 years with his partner, Philippe Hébert. The day before Good Friday, a care coordinator named Carol Berthiaume visited their home to evaluate Rutherford’s ability to make decisions regarding his potential move to long-term care. What began as a routine assessment quickly turned into a heart-wrenching story, culminating in Hébert’s admission of guilt for manslaughter after taking his husband’s life.

During her visit, Berthiaume found the home beautifully decorated for Easter, including a needlepoint runner that Hébert had crafted. At 87 years old, Rutherford was suffering from multiple health issues, including prostate cancer and vascular dementia. As his primary caregiver, Hébert was overwhelmed, spending up to 20 hours a day attending to Rutherford’s needs. Despite the joyful atmosphere, Berthiaume sensed the tension surrounding their situation.

Rutherford expressed a desire to remain at home, even stating, “I’d rather die than leave my home.” Berthiaume interpreted this as a figurative expression of his unwillingness to leave. In the hours following Berthiaume’s visit, however, a devastating decision was made. Hébert suffocated Rutherford using a plastic portion of an incontinence pad, an act he later described as a means to alleviate his husband’s suffering.

The events that transpired that day are the subject of ongoing legal proceedings, with Hébert originally charged with second-degree murder. He has since pleaded guilty to manslaughter. The central question now revolves around the appropriate sentencing for Hébert, who has lived under house arrest for much of the past four years.

Exploring the Burdens of Caregiving and Legal Implications

This case highlights the profound challenges of caregiving, particularly during the isolation of the COVID-19 pandemic. The emotional and physical strains can lead to horrific outcomes, raising complex moral and legal questions. As noted by Hébert’s lawyer, Solomon Friedman, previous cases involving “mercy killings” have often resulted in less severe sentences, reflecting societal shifts in understanding consent and autonomy in end-of-life decisions.

The Hébert-Rutherford story is one of love and tragedy, deeply intertwined with the history of Canada’s legislation on medical assistance in dying (MAID). Since its introduction in 2016, the conversation around euthanasia has evolved, but instances of individuals taking matters into their own hands remain sensitive and controversial.

Rutherford and Hébert’s relationship began in 1976 at The Happenings Social Club, a gay bar in Winnipeg. Their romance blossomed quickly, and they moved together to Ottawa, where they became integral members of the local arts and LGBTQ+ communities. Their life together was filled with passion, creativity, and dedication to one another.

When they married on April 1, 2006, less than a year after the legalization of same-sex marriage in Canada, they celebrated not just a union but a partnership that weathered the test of time. Despite Rutherford’s deteriorating health, the couple maintained a loving bond, with Hébert taking on the role of caregiver with devotion.

The Final Days and Aftermath

In the days leading to the tragedy, Berthiaume had suggested increasing the number of personal-care workers to help relieve Hébert’s burden. Rutherford, however, resisted these suggestions, insisting he could manage. This tension, coupled with the emotional toll of caregiving, ultimately led to the fateful night when Rutherford expressed his despair over his situation.

Hébert recounted their final conversation, where he offered to help his husband end his suffering. After taking action, he attempted to end his own life. After failing in his efforts, he called emergency services, admitting to police that he had caused Rutherford’s death.

The Crown is advocating for a six-year prison sentence, while Hébert’s legal representation argues for a lesser sentence, citing the need for compassion in cases like this. The court’s decision, expected on February 17, will not only determine Hébert’s fate but will also resonate throughout the legal landscape regarding caregiving, consent, and the moral complexities surrounding life and death.

As this case unfolds, it serves as a poignant reminder of the fragility of life and the often-unseen burdens borne by caregivers. The Hébert-Rutherford story, filled with love and loss, prompts reflection on the choices made in the face of unimaginable circumstances.