Barton Vsc Gladue Case Study

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Barton’s acquittal in 2011 for the death of Cindy Gladue A non-guilty verdict in the murder trial of Bradley Barton accused of killing Cree mother of three Cindy Gladue who bled to death from an eleven centimetre internal laceration argues that the wound was the result of rough sex. Gladue known in Edmonton as a sex worker spent two night with Barton in an Edmonton hotel room in June 2011. This essay will argue the appeal that was warranted through looking firstly at feminist analyses of sexual assault and legal consent, secondly, the contexts of intersectional power relations/ interlocking oppressions such as Gladue being a women from a Cree nationality who works as a sex worker, thirdly the problematic notion of Gladue being the bearer …show more content…

In the Barton vs. Gladue case the jury did not see this as manslaughter, as the jury consisted on most men nine to be exact while only two women (Hunt & Sayers, 2015) who if disagreed with the verdict would be trumped as the majority vote overrules and it is also worth noting there were no aboriginal persons in that jury (Busby, 2015), so how could they identify or understand Gladue better and if that was the case the verdict may have been different. And for this reason we can suspect the power relations between men and women, different cultural oppressions and women whom are perceived as an oppressed group, so Gladue had no fighting …show more content…

55), but this was taking away from Gladue not only by Barton, but also through the courts, as the case was acquitted. The constitution act also states in section fifteen subsection one that “Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disabilities” (Canada, Last revised 2016, p. 56); however, we notice that this case was acquitted was it because Gladue was of aboriginal descent or she worked as a prostitute or that she was simply just a women who has no power? As this leads us to assume such injustice were present in this court case, because if there was three other reported cases in Canada over a twenty year span where victims succumbed to their injuries resulted from rough sex, and those cases all defendants were convicted with murder charges, why was Barton’s case

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