Protesters hold signs outside city hall in support of Cindy Gladue in Edmonton on April 2, 2015. The Supreme Court of Canada will hear an appeal in the case of an Ontario trucker acquitted of murdering an Indigenous woman in an Edmonton motel room. In March 2015, Bradley Barton was found not guilty by a jury in the death of Cindy Gladue, a sex-trade worker whose body was found in a bathtub. THE CANADIAN PRESS/Topher Seguin

Supreme Court agrees to hear appeal in case of Cindy Gladue

Supreme Court to hear appeal in the case of Ontario trucker who was acquitted in the death of an Indigenous woman

The Supreme Court of Canada has agreed to hear an appeal in the case of an Ontario trucker who was acquitted in the death of an Indigenous woman in an Edmonton motel room.

In March 2015, Bradley Barton was found not guilty by a jury in the death of Cindy Gladue, a sex-trade worker whose body was found in a bathtub.

Gladue bled to death after a night of what Barton called consensual rough sex.

RELATED: Police watchdog launches probe into RMCP investigation of Colten Boushie’s death

Barton, who called the fatal injury accidental, was acquitted of both murder and manslaughter.

The Alberta Court of Appeal ordered a new trial, ruling serious errors were made during the trial and in the judge’s charge to the jury about Barton’s conduct and the sexual assault law as it pertains to consent.

That decision — the one that will now be appealed before the high court — said the errors negatively compromised the jury’s ability to properly assess the evidence and apply the law correctly.

“Despite our society’s recognition of individual autonomy and equality, there still remains an undeniable need for judges to ensure that the criminal law is not tainted by pernicious and unfair assumptions, whether about women, Aboriginal people, or sex-trade workers,” said the written ruling from three judges, including Chief Justice Catherine Fraser.

“Failing to meet that need can undermine the jurors’ ability to apply the law objectively and correctly. Regrettably, in this case, the jury charge was deficient in all these respects.”

Barton’s trial heard that he hired Gladue for two nights of sex in June 2011. He testified that during both nights he put his fist in her vagina, but on the second night she started bleeding.

RELATED: Indigenous leaders call for change after ‘system fails’ Tina Fontaine

Barton said when he woke up the next morning he found her dead in the motel room bathtub and called 911.

A medical examiner testified that an 11-centimetre cut in Gladue’s vaginal wall was caused by a sharp object.

The controversial acquittal sparked an outcry and demonstrations in several cities.

As usual in rulings on leaves to appeal, the Supreme Court gave no reasons for deciding to hear the case.

The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Youth lead Millard Creek fisheries tour

Join the Youth and Ecological Restoration (YER) youth-led fisheries tour at 3300… Continue reading

NIC’s new Aboriginal Leadership certificate starts this fall

Seats are open for the September start of NIC’s new Aboriginal Leadership… Continue reading

YANA Ride cruises past fundraising goal

The 2018 ride is expected to meet last year’s total of $62,000

Mid-Vancouver Island air quality risk very high

Residents of the mid-Island area went to bed last night and awoke… Continue reading

Comox Valley Ground Search & Rescue kept busy across the province

CVGSAR had a busy week, sending rescuers as far away as Invermere

Puppies picked up by BC Wildfire crew to be returned to family

They were just leaving the Monashee Complex of fires when they found the cutest creatures.

At least 14 illegal fires set in Fraser Valley this month

Conservation officers are fed up with people not listening to the province-wide fire ban

B.C. woman promoting ‘orange glow’ campaign to support firefighters

A Penticton woman is hoping an orange ribbon campaign will catch on throughout B.C.

Air Canada-led consortium signs deal to buy Aeroplan program

The deal would acquire the Aeroplan loyalty program from Aimia Inc

Microsoft uncovers more Russian attacks ahead of midterms

Evidence found of Russian hacking attempts targeting U.S. political groups

Animal crackers break free from their cages

PETA pressures Mondelez International to show animals roaming in their natural habitats

U.S. man admits slaying wife, blames her for daughters’ deaths

A 33-year-old Denver man is facing three first-degree murder charges

Muslims celebrate Eid al-Adha as pilgrims conduct hajj rites

More than 2 million pilgrims carry out the final rites of the hajj in Saudi Arabia

Most Read