Mistrial application ruling to come Friday for Ontario trucker convicted in Indigenous woman's death

Edmonton -

An Ontario trucker found guilty of killing an Indigenous woman in his Edmonton hotel room will learn the outcome of his mistrial application Friday afternoon.  

Bradley Barton, 52, is seeking a mistrial in his February manslaughter conviction in the death of Cindy Gladue, a 36-year-old Metis and Cree woman. Her body was found in a hotel room bathtub at the Yellowhead Inn in June 2011.

Alberta Court of Queen's Bench Justice Stephen Hillier will rule on the application Friday at 2 p.m.

Barton's lawyer, Dino Bottos, said a document causing him "concern"  came to his attention but declined further comment, citing a court-imposed publication ban.

A sentencing hearing for was scheduled to begin Tuesday but was postponed.

Following his February trial, two jurors were excused before deliberations.

Justice Hillier was notified one jury member had expressed that working in the sex trade was “bad” and that Gladue would have lived had she not exchanged sex for money with Barton.

Another jury member was excused, the court heard, because he was trying to sway the opinion of other jurors.

Bottos told reporters outside court Tuesday that if the judge agrees to a mistrial, it would essentially cancel the second trial.

“It did not result in a verdict and that provides the Crown the prerogative of prosecuting the accused another time.”

It was the second trial for Barton. A jury in 2015 found him not guilty of first-degree murder.

The acquittal sparked rallies and calls for justice for Indigenous women across the country. Both the Alberta Court of Appeal and the Supreme Court of Canada ordered a new trial.

Barton, who resided in Mississauga, remains in custody. After the conviction, court was told he would not be applying for bail for financial reasons.

With files from the Canadian Press