Ottawa man sentenced to house arrest for killing husband

A 73-year-old man was given a house arrest sentence after killing his ailing husband in what the judge called a “mercy killing.” CTV’s Dylan Dyson reports.

An Ottawa man has been sentenced to two years less a day of house arrest for killing his husband nearly four years ago.

Philippe Hebert, 73, pleaded guilty to manslaughter in the 2022 death of 87-year-old Richard Rutherford. Under the terms of the sentence, Hebert is allowed to leave his home three hours per week for medical appointments and to run errands.

Rutherford was found deceased inside a home on Smyth Road, near Haig Drive, on April 15, 2022.

The court heard Rutherford’s health had deteriorated over several years due to issues, including a cancer diagnosis.

Hebert had told the court that Rutherford had said he “wanted to die in his own home” and wanted Hebert to help him. A neighbour had said it “seemed Richard was giving up” and he made comments about “not wanting to continue.”

Hebert said they had agreed he would take his own life after killing Rutherford, but he couldn’t do it.

In delivering the sentence, the judge said Hebert was likely suffering from caregiver burnout. The judge noted Hebert was suffering from worsening dementia and it impaired his ability to problem solve. The judge said Hebert had no formal criminal record and was not a danger to the public.

Hebert’s lawyer said they’re “very pleased” with the sentence.

“Justice (Kevin) Phillips was very clear when he said this is absolutely a mercy killing, assisted suicide case,” Solomon Friedman told reporters outside the Ottawa Courthouse on Elgin Street.

“It is nothing else than that. It falls squarely into that category.”

Friedman said these are “very, very tragic circumstances.”

“There’s no sentence that can ever come close to that sentence (of having to kill his partner),” Friedman said.

So, he’ll be serving a life sentence without his partner, and that’s the reality of this case.”

Friedman said Hebert is “overwhelmed by the support” he’s received from the public.

“It is one of the greatest professional honours of my life to have been Phil’s lawyer and to see him to this point,” Friedman said.

“He’s a man who very, very much deserved the justice and mercy shown today in court.”

Rutherford and Hebert met in 1978. Rutherford was a principal dancer with the Royal Winnipeg Ballet, while Hebert worked at the Ottawa Hospital as a physiotherapy assistant.

The Crown had asked the judge to sentence Hebert to six years in prison, while the defence had asked for a sentence of two years.

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