EDMONTON – WEBER LAW wishes to issue the following statement on the Alberta Court of Appeal’s decision to dismiss Bradley Barton’s appeal for a third trial concerning his role in the death of Cindy Gladue.
Media statements today about Cindy Gladue, the victim, illustrate how much more work apparently still needs to be done. Here is a bit of a reminder on the important factors of this case.
In 2015 Barton was acquitted of all charges for causing Cindy Gladue’s death. That decision was shocking; the evidence disclosed was horrific, with disclosed details about the circumstances of Ms. Gladue’s death. Despite the eventually proven violent evidentiary background, the 2015 jury acquitted Barton of all charges.
The Crown appealed the 2015 acquittal, on basis of errors made by the trial judge in the instructions given to the jury. In 2017, the Alberta Court of Appeal agreed and ordered a new trial. Barton appealed that decision to the Supreme Court of Canada.
In 2019 the Supreme Court ultimately ordered that Barton stand a new trial for the charge of manslaughter. As part of its analysis, the Supreme Court noted that the errors committed at trial in respect of the application of the criminal law were at the expense of Ms. Gladue’s dignity and privacy, which continued despite her death.
In February 2021, following 5 weeks of hearing evidence at the second trial, Barton was convicted of manslaughter for causing Cindy’s death. He was sentenced to 12 ½ years.
Barton appealed the 2021 conviction arguing that, amongst other technicalities, certain evidence against him should not have been admitted at trial.
The Court of Appeal’s 41-page decision, issued today, dismisses Barton’s appeal.
One last aspect of accountability remains to be addressed by the Court. In 2021 the Crown filed its own appeal of the 12 ½ year sentence. In its notice of appeal, the Crown argues that the trial judge erred in considering the aggravating and mitigating factors, and that the sentence imposed was not proportional to the gravity of the offence and moral blameworthiness of the offender. No date has yet been set for the Crown’s appeal, and we will continue to watch this case closely.
Hopefully today’s Court of Appeal dismissing Barton’s appeal provides some finality for Cindy’s family, at least in terms of holding Barton accountable, within the criminal justice system. Committed to seeing justice for her daughter, Ms. Gladue’s mother sat through multiple weeks of hearing evidence at the 2015 trial, and then again in 2021, reliving memories of her daughter’s last moments of life.
As our highest Court has stated, “trials do not take place in a historical, cultural, or social vacuum”. Importantly, justice must be fair from both the perspective of an accused and of society more broadly.
Let this case, including the multiple appeals and decisions, be a reminder that everyone is entitled to dignity and equal protection of the law.
Cindy has taught us much, in life and in death. As Indigenous women, as advocates, as family and community members, we will persist in seeking justice for Cindy, including to ensure that Cindy the person, is not forgotten.
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