Barton’s lawyer Peter Sankoff says he’s disappointed by the decision.
He says his client is still waiting for a ruling on a sentencing appeal with the Alberta Court of Appeal.
A jury first found Barton not guilty of first-degree murder in 2015. The acquittal sparked rallies and calls for justice for Indigenous women across the country.
Both the Alberta Court of Appeal and the Supreme Court then ordered a new trial.
There was outrage because Gladue was repeatedly referred to as a “native” and a “prostitute” during the trial. Her vaginal tissue was presented as evidence.
Court heard Barton, from Mississauga, Ont., hired Gladue for two nights of sex and she suffered a severe wound to her vagina.
Barton testified the sex was consensual and he was shocked when he woke the next morning to find her dead in the tub.
The Crown argued Barton performed a sex act on Gladue while she was passed out that caused the wound. Prosecutors said he dumped her in the tub and left her to bleed to death.
A jury in the second trial in 2021 convicted Barton of manslaughter.
Barton’s bid for a third trial was dismissed in January, after Alberta Court of Appeal judges found “no reviewable errors” in the trial judge’s rulings. Barton’s lawyers argued the judge had erred by allowing evidence that should not have been admitted at trial.
The Crown filed the sentence appeal, calling 12 1/2 years in prison “demonstrably unfit.” It had recommended Barton be sentenced to between 18 and 20 years.
This report by The Canadian Press was first published Aug. 8, 2024.
The Canadian Press