Executive Summary
- Philippe Hébert pleaded guilty to manslaughter in the 2022 death of his husband, Richard Rutherford.
- The incident was described in court as a failed suicide pact driven by Rutherford’s deteriorating health.
- Rutherford was a celebrated former principal dancer with the Royal Winnipeg Ballet.
- Hébert originally faced second-degree murder charges before pleading to the lesser offense.
- Sentencing hearings are ongoing in Ottawa with judicial decisions pending.
OTTAWA — Sentencing submissions began Tuesday for Philippe Hébert, a 72-year-old Ottawa man who pleaded guilty to manslaughter in connection with the 2022 death of his ailing husband, Richard Rutherford, in what court filings describe as a failed suicide pact.
According to the agreed statement of facts presented in court, Hébert admitted to ending the life of Rutherford, 87, on April 15, 2022, at the couple’s home on Smyth Road. Rutherford, a former principal dancer with the Royal Winnipeg Ballet, was suffering from multiple health issues, including a recent cancer diagnosis, and had reportedly expressed a desire to die. Hébert testified that he did not wish to live without his partner of 40 years and agreed to a mutual suicide pact.
Court records indicate that following Rutherford’s death, Hébert attempted to take his own life but was unsuccessful. He subsequently dialed 911, acknowledging to dispatchers that his actions were “totally illegal.” Initially arrested and charged with second-degree murder, Hébert entered a guilty plea to the lesser charge of manslaughter in September, thereby avoiding a jury trial.
During the hearing, Hébert expressed that while he does not regret granting his husband’s wish to end his suffering, he struggles with the aftermath. “I didn’t enjoy doing what I did, and still don’t,” Hébert told the judge. The court heard evidence that the couple had previously discussed Medical Assistance in Dying (MAID) with a physician but believed Rutherford would not qualify and did not pursue it further.
The sentencing hearing is scheduled to span three days. As of Tuesday, neither the Crown nor the defense had submitted specific sentencing recommendations. Hébert has remained under custodial supervision since his arrest.
Judicial Sentencing Context
The sentencing phase in cases involving compassionate homicide or failed suicide pacts presents significant legal complexities for the judiciary. While the criminal code treats the taking of a life with severity, judges often weigh mitigating factors such as the intent to alleviate suffering and the mental state of the accused against the statutory requirements for deterrence. The court’s impending decision will likely balance these elements, potentially establishing a reference point for similar cases involving assisted death that occur outside the sanctioned medical framework.
