Bradley Barton's defence argues for sentence as short as 5 years for 2011 Edmonton hotel killing
An Ontario truck driver should serve between five and nine years in prison for killing a woman in his Edmonton hotel room, his lawyer argued Tuesday.
The sentencing hearing for Bradley Barton, 53, continued Tuesday into the second of three scheduled days. On Monday, the Crown argued for a sentence of between 18 and 20 years.
In February, Barton was found guilty of manslaughter in the 2011 death of Cindy Gladue, a 36-year-old Métis and Cree woman.
Her body was found in a bathtub in Barton's hotel room at the Yellowhead Inn in June 2011. Court heard she bled to death after a wound to her vagina.
Barton's lawyer, Dino Bottos, appealed to Albert Court of Queen's Bench Justice Stephen Hillier to reject the Crown's suggested sentence as "vengeful."
"Mr. Barton will deserve a time in a penitentiary," Bottos said. "But we have to guard against a sentence of unbridled punishment, unbridled vengeance."
He warned against punishing Barton for "all the systemic inequities and indignities visited upon Indigenous females."
"He will have pay for his own sins," Bottos said.
"But I suggest he can't be made to pay for the sins of our fathers."
Bottos cited what he termed to be Barton's "excellent" prospects of rehabilitation as well as his lack of a prior criminal record and conduct in the decade since the killing.
"As grave as Mr. Barton’s offence was, he is not somebody who has to be incarcerated for the protection of society."
Justice Hillier indicated he could deliver his oral reasons for sentencing as soon as Wednesday.
'I FEEL BROKEN'
On Monday, court heard victim impact statements, written by members of Gladue's family and read out by a family friend.
"I feel broken when I see my great grandchildren with their mothers, without my daughter and without their grandmother," read a statement from Donna McLeod, Gladue's mother.
"I have spent every day for the last 10 years reliving the violent death of my daughter."
"You tore her body apart from the inside. A pain no woman should have to endure," read a statement from Prairie Adaoui, one of Gladue's cousins.
"Our world is a much less kind and beautiful place without her."
In seeking a sentence of up to two decades, crown prosecutors argued Gladue was vulnerable and died of "sexual brutality," noting the nature of her injuries.
"It was death by genital mutilation." At trial, Crown prosecutors argued Barton caused the fatal wound when he sexually assaulted Gladue. Bottos argued Barton and Gladue had engaged in consensual sex acts.
Barton, a truck driver from Mississauga, Ont., has been tried twice in connection with Gladue's death. A jury found him not guilty in 2015 of first-degree murder.
The acquittal prompted demonstrations for justice for Indigenous women across the country.
Both the Alberta Court of Appeal and the Supreme Court of Canada ordered a new trial.
CTVNews.ca Top Stories
Twins from Toronto were Canada's top two female finishers at this year's Boston Marathon
When identical twin sisters Kim and Michelle Krezonoski were invited to compete against some of the world’s most elite female runners at last week’s Boston Marathon, they were in disbelief.
opinion Why you should protect your investments by naming a trusted contact person
Appointing a trusted person to help with financial obligations can give you peace of mind. In his personal finance column for CTVNews.ca, Christopher Liew outlines the key benefits of naming a confidant to take over your financial responsibilities, if the need ever arises.
NASA hears from Voyager 1, the most distant spacecraft from Earth, after months of quiet
NASA has finally heard back from Voyager 1 again in a way that makes sense. The most distant spacecraft from Earth hadn't sent home any understandable data since last November.
U.S. Senate passes bill forcing TikTok's parent company to sell or face ban, sends to Biden for signature
The Senate passed legislation Tuesday that would force TikTok's China-based parent company to sell the social media platform under the threat of a ban, a contentious move by U.S. lawmakers that's expected to face legal challenges.
Train derailed in Sarnia after colliding with a truck
Police are investigating after a transport truck collided with a train in Sarnia.
Photographer alleges he was forced to watch Megan Thee Stallion have sex and was unfairly fired
A photographer who worked for Megan Thee Stallion said in a lawsuit filed Tuesday that he was forced to watch her have sex, was unfairly fired soon after and was abused as her employee.
'My stomach dropped': Winnipeg man speaks out after being criminally harassed following single online date
A Winnipeg man said a single date gone wrong led to years of criminal harassment, false arrests, stress and depression.
Wildfire southwest of Peace River spurs evacuation order
People living near a wildfire burning about 15 kilometres southwest of Peace River are being told to evacuate their homes.
Widow looking for answers after Quebec man dies in Texas Ironman competition
The widow of a Quebec man who died competing in an Ironman competition is looking for answers.