Supreme Court could revamp consent law as Cindy Gladue case raises questions about treatment of Indigenous women

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The court’s judgement in the case could prove just as important for the tone it sets for the Canadian criminal-justice system as for its legal directives to lower courts

The Supreme Court of Canada could revamp the law of consent in a ruling this Friday, and order new warnings to juries about the stereotyping of Indigenous sex-trade workers.

Ms. Gladue, a 36-year-old mother of three from northeastern Alberta, agreed to a paid sexual encounter for $60 on a second consecutive night with Mr. Barton. Her body was found in his Edmonton hotel room bathtub the following morning. She was dead from blood loss caused by an 11 cm wound in her vagina. The prosecution’s theory was that he caused the tear with a knife or his hand. Mr. Barton, who is 6’1’’ and 220 pounds, next to Ms.

“This case has revealed the inescapable need in sexual offences to properly warn jurors to disregard unfair assumptions and to ensure that jury instructions adequately and accurately reflect the current law in Canada,” the court wrote in a 3-0 ruling.

 

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Gladue Indigenous women justice Canada

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