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

‘Police are ready’ for legal pot, say Canadian chiefs

But Canadians won’t see major policing changes as pot becomes legal

VIDEO: This is what buying legal pot in B.C. looks like

Take a look inside B.C.’s first and only legal pot shop located in Kamloops

10 things still illegal in the new age of recreational cannabis

Pot is legal – but there are still a lot of rules, and breaking some could leave you in jail

CCRD Candidates detail their election platforms

More candidate profiles to come….

SD49 School Board Trustee Candidates outline their platforms

SD49 School Board Trustee Candidates will be participating in an All Candidates Forum tonight at NES

B.C. NDP retreats again on empty-home tax for urban areas

Rate reduced for all Canadians, dissident mayors to get annual meeting

Jets score 3 late goals to beat Canucks 4-1

Winnipeg ends three-game Vancouver win streak

Two B.C. cannabis dispensaries raided on legalization day

Port Alberni dispensaries ticketed for “unlawful sale” of cannabis

Canada not sending anyone to Saudi business summit

Sources insist Ottawa never intended to dispatch a delegation this time around

Earthquake early-warning sensors installed off coast of B.C.

The first-of-its kind warning sensors are developed by Ocean Networks Canada

VPD ordered to co-operate with B.C. police watchdog probe

According to the IIO, a court is ordering Vancouver police to co-operate with an investigation into a fatal shooting

B.C. woman looks to reduce stigma surrounding weed-smoking moms

Shannon Chiarenza, a Vancouver mom of two, started weedmama.ca to act as a guide for newcomers to legal cannabis, specifically mothers

B.C. teen gives away tickets to Ellen Degeneres show, plans O Canada welcome

The Grade 9 student wanted to give away tickets in the spirit of inclusivity

Most Read