Alberta Appeal Court upholds sentence for trucker in 2011 Edmonton hotel killing

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Alberta’s apical tribunal has dismissed a Crown entreaty of the condemnation handed to an Ontario motortruck operator convicted successful the 2011 decease of a pistillate recovered successful an Edmonton edifice bathtub.

Cindy Gladue, a 36-year-old Métis and Cree woman, bled to decease successful the tub successful 2011.

A assemblage recovered Bradley Barton not blameworthy successful 2015 of first-degree murder, but the Alberta Court of Appeal and Supreme Court of Canada ordered a caller trial.

He was past convicted of manslaughter and handed a 12 1/2-year sentence.

The Crown argued that condemnation was “demonstrably unfit” and recommended 18 to 20 years, saying Gladue’s vulnerability arsenic an Indigenous pistillate and the intersexual quality of the offence should person been fixed much weight.

Three Appeal Court justices unanimously ruled the condemnation was not truthful inadequate that it would warrant interference.

“The sheet recognizes that nary condemnation imposed volition adequately code the symptom inflicted connected Ms. Gladue’s household and community,” the judges wrote successful the determination published Friday.

“We recognize, too, that the ineligible proceedings person endured for much than a decade. With the disposition of this appeal, we anticipation that immoderate measurement of bid and healing tin begin.”

In August, the Supreme Court declined to perceive Barton’s entreaty of his conviction.

Barton’s archetypal acquittal sparked rallies and calls for justness for Indigenous women crossed the country.

There was outrage due to the fact that Gladue was repeatedly referred to arsenic a “native” and a “prostitute” during the trial. Her vaginal insubstantial was besides presented arsenic evidence.

Court heard Barton, from Mississauga, Ont., hired Gladue for 2 nights of enactment and she suffered a terrible coiled to her vagina.

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Barton testified the enactment was consensual and helium was shocked erstwhile helium woke the adjacent greeting to find her dormant successful the tub.

The Crown argued Barton performed a enactment enactment connected Gladue portion she was passed out, causing the wound. Prosecutors said helium dumped her successful the tub and near her to bleed to death.

A assemblage successful the 2nd proceedings successful 2021 convicted Barton of manslaughter.

Barton’s bid for a 3rd proceedings was dismissed successful January.