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

Lost Dog fire 90 per cent contained

BC Wildfire Service is reporting this morning that the Lost Dog complex… Continue reading

Flights resume at Cranbrook airport

Aircraft operating as normal after wildfire smoke forced flight cancellations on Sunday.

Planned ignition on Meachen Creek fire went ahead Sunday

Cool temperatures, higher humidiy helping efforts

Meachen Creek fire sees minimal growth overnight

Winds have pushed the fire back into itself in the lower part of the Meachen Creek drainage.

‘Beauty amongst such tragedy:’ B.C. photographer captures nature’s trifecta

David Luggi’s photo from a beach in Fraser Lake shows Shovel Lake wildfire, Big Dipper and an aurora

Documentary filmed in B.C. nominated in ‘Wildlife Oscars’’

Toad People is the only Canadian film to be nominated in this year’s Panda Wilderness Awards

B.C. man builds 10-foot sign thanking fire responders

Ken Rawson built his “thank u” sign on Saturday as helicopters responded to fires around the province.

PHOTOS: Olympian Patrick Chan helps B.C.’s ‘SuperChefs’ celebrate 10th anniversary

Former figure skater among those at event Friday in Surrey

Smaller B.C. bus service prepares to replace Greyhound

Kootenay-to-Okanagan run would require online reservations

Mother charged with homicide of Langley seven-year-old

Aaliyah Rosa’s 36-year-old mother charged with second degree murder: IHIT

Despite threats, Soldiers of Odin a no show at B.C. tent city

Nanaimo’s Discontent City held a counter rally on Sunday

Trudeau formally announces he’ll run again in 2019

PM Justin Trudeau gears up to run in next year’s election

Smoke from B.C. wildfires prompts air quality advisories across Western Canada

A massive cloud of smoke hangs over B.C. and Alberta due to wildfires

Most Read