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

Teens youngest members in Fernie SAR history

Desire to help drives Ben Nixon and Josh Goodison to volunteer

Bear sightings prompt call for community action

Elk Valley and South Country residents have been urged to take responsibility… Continue reading

Decision opens door to short-term rentals

The City of Fernie has opened the door to the short-term rental… Continue reading

Fernie businesses go green

Instead of asking if customers need a bag, cashiers will ask if they’re okay without one.

Failing to stop at watercraft inspection station will result in $345 fine

CO Service reminding boaters it is mandatory to stop at watercraft inspection stations

Vancouver Island girl scores with winning song for BC Summer Games

‘Colours’ is a perfect theme for 2018 BC Summer Games

B.C. pipeline goes ahead despite scrapped Pacific Northwest LNG

NEB approves amendment for $1.4-billion natural gas North Montney Mainline Project

Update: Wildfire northwest of Kamloops jumps from 60 to 800 hectares

Ground crews and aircraft are responding to an estimated 50 hectare wildfire approximately 55 kilometers northwest of Kamloops, near the Deadman Vidette Road.

Feds limit chinook fishery to help killer whale recovery

Chinook is main food source for only 76 southern residents killer whales left

B.C. mom who died just before daughter’s wedding wanted family to be happy: twin

Ann Wittenberg was pulled into the ocean while on a surf board in Tofino last weekend

Courtenay-Alberni MP calls for lifeguards at popular surf spot near Tofino

The Pacific Rim National Park Reserve is defending its decision to cancel the surf guard program.

Harvey Weinstein to surrender in sex misconduct probe: officials

Would be first criminal charge against Weinstein since scores of women came forward

Second commercial acid spill in Kootenay city

Station 374 Trail was called to a Hazmat scene Wednesday night on Highway 3B

Kootenay village pot survey reveals a mixed bag

The majority of Warfield respondents were for cannabis sales, but with dispensary restrictions

Most Read