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

City of Port Alberni issues water quality alert for Kitsuksis Creek area

Kitsuksis Creek residents urged to use alternate drinking water source

Risk of thunderstorm this afternoon for Vancouver Island and Lower Mainland

A special weather statement calls for heavy rain and wind over the next 48 hours

Learn about Port Alberni’s mayoral candidates with new film series

Alberni Valley filmmaker Dallas Dalziel discusses key issues with candidates

Rain and high winds to hit Vancouver Island this afternoon

Thursday and Friday to see downpour of 20 to 50mm and high winds on Vancouver Island

Learn the basics of publishing at Port Alberni workshop

George Opacic of Rutherford Press will present keys to the professional side of publishing

Bear makes midnight front porch visit in Campbell River

A black bear paid a Campbell River family a midnight visit last… Continue reading

More than 35 B.C. mayors elected without contest

No other candidates for mayor in the upcoming local election in 22 per cent of B.C. cities

Legal society poster seeks complainants against two cops on Downtown Eastside

Pivot Legal Society became aware of allegations made against the officers after a video circulated

Jury to deliberate in case of Calgary man accused of murdering woman

Curtis Healy could be convicted of first-degree murder, second-degree murder or manslaughter

House arrest for man who abused disabled B.C. woman, then blamed her

‘Groomed complainant’ and ‘violated position of trust,’ judge says

Liberals want to know what Canadians think of legalized weed

The federal government will comb social media for Canadians’ pot-related behaviour

Ex-Trump lawyer Cohen boasts of aiding Mueller investigation

Cohen could provide information on whether Trump’s campaign co-ordinated with Russians

Landslide forces evacuations of Philippine villages

More than 1,200 people in villages near the landslide-hit area were forcibly moved by authorities

Students asked about the positive effects of residential schools

Alberta’s education minister apologized after hearing about the online social studies course

Most Read