, the high court says evidence about sexual history was mishandled at the original trial that led to Barton's acquittal on a charge of first-degree murder.
The Crown argued that Barton intentionally wounded Gladue and was guilty of first-degree murder or, at the very least, manslaughter, because the 36-year-old Metis woman had not consented to the activity. A majority of the Supreme Court says Barton's new trial should be restricted to the offence of manslaughter, as the procedural errors at the original trial did not taint the jury's finding on the question of murder.
Barton, who hired Gladue for two nights of sex, testified that he put his fist in her vagina on both occasions, but on the second night she started bleeding.In its decision, the Supreme Court says the trial judge failed to apply provisions in the law that limit the extent to which an alleged victim's sexual history can be discussed during proceedings.
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