Court dismisses appeal filed by trucker convicted of 2011 killing of Cindy Gladue

Warning: This story contains details that may be disturbing to some readers.

An Ontario truck driver who petitioned for a new trial after he was found guilty of manslaughter in the death of an Indigenous woman has had his appeal dismissed.

Bradley Barton was found guilty of manslaughter in the death of Cindy Gladue in 2021, nearly a decade after Gladue bled to death in the bathtub of an Edmonton hotel.

Gladue, 36, was a sex worker Barton hired for two nights while he was in Edmonton.

According to court documents, Gladue suffered an 11-centimetre wound to her vagina during sex that led to her death.

She also had four times the legal driving limit of alcohol in her system when she died on June 22, 2011.

A jury acquitted Barton of first-degree murder after a trial in 2015, a decision that led to calls for justice for Indigenous women in Canada after Gladue was referred to as a "native" and a "prostitute" throughout the trial.

The Crown appealed the verdict and the Alberta Court ordered a new trial, a decision that was later backed up by the Supreme Court of Canada.

People protest the 2015 acquittal of Bradley Barton in the death of Cindy Gladue.

2021 trial

Court documents show Barton used his laptop to make internet searches for vaginal ripping, tearing, and stretching on June 13, 2011.

On the second night the pair met, Barton performed an act on Gladue that caused her to bleed.

Barton testified there was a "bunch of blood" on his hand after the act, but he thought she was "on her period."

He told Gladue he was no longer interested in being with her and refused to pay her before falling asleep.

Barton said he found Gladue unresponsive the next morning in his bathtub, but did not call for help. He checked out of his hotel room, got a coffee, and met up with a coworker.

He later returned to the hotel, got another key for the room, and called 911.

During his trial, Barton claimed the sex was consensual.

When charging the jury, the judge instructed that any consent that Gladue may have given would have been voided if the accused intended to or recklessly caused serious bodily harm.

A jury convicted Barton of manslaughter and he was sentenced to 12.5 years in prison.

He appealed the conviction on a number of grounds, including a claim that the judge had erred when he said Gladue's consent could not be withdrawn unless he had intended to cause bodily harm.

The appeal judge did not find any of Barton's grounds for appeal to be valid, and dismissed his appeal.

The Crown also appealed Barton's 2021 sentence, calling the prison term "demonstrably unfit" and asked for a 18-20 year sentence.

A sentence appeal has been filed.

With files from The Canadian Press