Philippe Hébert pleaded guilty in September to manslaughter in the death of his former partner Richard Rutherford in April 2022. His sentencing hearing continues Wednesday. (Arthur White-Crummey/CBC)
An Ottawa man who pleaded guilty to manslaughter in the 2022 death of his ailing husband of 40 years told a judge he didn’t want to live without his partner but was ultimately unable to complete their suicide pact.
Speaking during sentencing submissions Tuesday morning, Philippe Hébert, 72, said his late husband Richard Rutherford, 87, had “lived a good life” but wanted to “give up.”
Rutherford was found dead on April 15, 2022, inside the Smyth Road home the men shared.
Hébert was arrested and charged with second-degree murder. In September, he pleaded guilty to the lesser charge of manslaughter, avoiding a jury trial.
Neither the Crown nor defence have submitted sentencing recommendations, but three days have been set aside to decide Hébert’s punishment. He has remained largely under custodial supervision since his arrest.
Rutherford, a former principal dancer with the Royal Winnipeg Ballet, has been remembered for his contributions to Canadian dance and his work in the community.
Multiple health issues
According to an agreed statement of facts, Hébert told the 911 dispatcher on the night of his husband’s death that Rutherford, who had multiple health issues including a recent cancer diagnosis, had asked him to end his life.
Hébert, who admitted to being tired and stressed by Rutherford’s deteriorating condition, agreed to carry out that wish, but told paramedics he’d been unable to end his own life as they had agreed.
Court heard Hébert had attempted suicide before, when he feared Rutherford would die in isolation in hospital during the COVID-19 pandemic.
“[I] didn’t want to be without him,” Hébert said.
There’s evidence the couple had previously discussed medical assistance in dying (MAID) with a doctor, but did not follow up. Hébert said it was his understanding Rutherford would not qualify.
Supporters in the courtroom
Court heard that on the day of Rutherford’s death, Hébert had been granted the authority to have his husband admitted to long-term care. He said Rutherford again expressed his wish to die.
“I didn’t enjoy doing what I did, and still don’t,” he told court.
Hébert said he then made several attempts to end his own life, but did not succeed. He said he dialled 911 because he knew what he had done was “totally illegal.”
Hébert said he has no regrets about granting his husband’s wish, except for the consequences he’s dealing with now.
Throughout his earlier court appearances and again on Tuesday, Hébert has been accompanied in the courtroom by a large group of family and other supporters who knew both men, including some of their neighbours.
Hébert’s sentencing hearing continues Wednesday. (CBC)