The pretrial hearing for Bradley Barton started Monday morning in an Edmonton courtroom.
Barton is the Ontario truck driver acquitted of first-degree murder in the June 2011 death of Cindy Gladue, a Metis mother of three.
She bled to death in an Edmonton motel room after a night of what Barton said was rough, but consensual, sexual activity.
Barton acknowledged taking part in the activity.
The acquittal was eventually overturned by the Alberta Court of Appeal, who said he should be retried on a charge of first-degree murder.
Barton took his case to the Supreme Court of Canada and, in May 2019, the high court ruled Barton should be retried for manslaughter and not murder.
The court said evidence about Gladue’s sexual history was mishandled in Barton’s trial.
The Crown argued Barton intentionally wounded Gladue and was guilty of first-degree murder or, at the very least, manslaughter, because the 36-year-old woman was not able to consent.
Barton was found not guilty by a jury that repeatedly heard references to Gladue as a “prostitute” and a “native.”
The Alberta Court of Appeal set aside the acquittal and ordered a new first-degree murder trial.
In a 4-3 decision, the court said Barton’s new trial should be restricted to manslaughter, because procedural errors at the trial did not taint the jury’s finding.
The minority said he should be retried with both manslaughter and murder as possible verdicts.
24 days have been set aside of the pretrial motions. A publication ban has been implemented, meaning media cannot talk about what happens inside the courtroom.
Barton’s trial is scheduled to begin in November.
