The Supreme Court of Canada has ordered a man to face another trial in the 2011 death of Indigenous sex worker Cindy Gladue, in a case that sparked protests across the country.
All seven judges cited as a reason for ordering a new trial the trial judge’s failure to hold a rape-shield hearing, in the absence of the jury, on whether the victim’s sexual activity a night earlier with Mr. Barton could be introduced as evidence.A jury acquitted Mr. Barton of murder and manslaughter after a 2015 trial in which the Crown brought Ms. Gladue’s preserved pelvic tissue into the courtroom as evidence, in what was described as a Canadian first. Ms.
Ms. Gladue’s body was found in the bathtub of Mr. Barton’s Edmonton hotel room. She bled to death after sustaining an 11 cm wound in her vagina. The prosecution’s theory was that Mr. Barton caused the tear with a knife or his hand. Mr. Barton said he had used his hand during rough, consensual sex, two nights in a row.
Source: Law Daily Report (lawdailyreport.net)
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