February marked the culmination of a nearly decade-long legal saga that raised national questions about how Canada treats Indigenous women. Cindy Gladue, a 36-year-old Canadian Cree-Métis mother of three, bled to death in a hotel bathtub almost a decade ago.
Bradley Barton, a former long-distance truck driver from Ontario, was on Feb. 19 convicted for manslaughter — six years after he was acquitted of murder and manslaughter charges at his original trial.
The jury in the six-week re-trial in Edmonton, Alberta, had heard witness testimony that Gladue suffered an 11-centimeter wound to her vaginal wall while engaging in sexual acts with Barton in a hotel in the city in June 2011, according to CBC reports.
At trial, Barton testified he agreed to pay Gladue for sex and met her over two nights, and insisted it was consensual, according to the CBC. He said he did not realize she was injured, and was shocked when he found her dead the following morning.
But prosecutors argued that Gladue may have been too drunk to provide consent, and drew attention to inconsistencies in Barton’s testimony.
Barton’s lawyer Dino Bottos declined to comment on the verdict, but told CNN he is recommending an appeal for his client.
Though the agonizing way in which Gladue died is a source of much grief for her friends, family and community, the case has become a rallying cry for activists, raising questions about race and discrimination in Canada.
A questionable trial
In 2015, a jury — described as “visibly White” in CBC news reports — acquitted Barton of first-degree murder and manslaughter charges, a verdict which triggered protests across the country and sparked a debate about how Canada’s justice system treats Indigenous women.
In 2017, prosecutors filed an appeal, arguing the trial judge had erred in some of his rulings and instructions to the jury. Canada’s Supreme Court agreed and ordered Barton be retried for manslaughter, noting that the country’s trial rules for dealing with sexual history weren’t followed.
Many saw the first trial as disrespectful to Gladue, says Julie Kaye, a national campaign specialist for Indigenous justice group Pima’tisowin e’ mimtotaman told CNN.
Kaye said Gladue “wasn’t portrayed with human dignity, as a human being,” during the 2015 legal proceedings, which she said saw prosecutors bring a specimen of her preserved pelvic tissue into the courtroom as evidence of the fatal wound she suffered.
“They brought a portion of her body in as evidence and referred to a part of her body as a specimen — it violates rights in terms of how we treat people’s bodies after they’re deceased, and it certainly violates Indigenous protocols around caring for loved ones after they have passed,” Kaye said.
According to the Globe and Mail, images of Gladue’s vaginal tissue — which was brought into courtroom but hidden behind a screen — were projected on a screen for jurors to view. Presenting part of Gladue’s body at trial, Kaye said, ” was considered a very violent act.”
Gladue was also referred to as a “Native” or “prostitute” throughout the trial, according to the Supreme Court’s ruling in the case.
“She wasn’t all these labels, all these words that they said: She was a momma. People should have honored and respected her because she was a woman and she really loved her family,” Gladue’s cousin, Prairie Adaoui told CNN.
In 2019, Canada’s Supreme Court concluded that such language and “unrestricted reference to the victim’s sexual history” had “devastatingly prejudicial effects” on the outcome of the case, and did not dissuade “prejudicial and stereotypical assumptions about Indigenous women working in the sex trade.”
“All the stereotypes and stigma associated with how she was called and the names used for her, that really allowed racism and sexism to enter into the proceedings,” Kaye said.
‘Canadian genocide’
For years, activists and Indigenous people in Canada have warned of a disproportionately high number of Indigenous women who have either gone missing or been killed across the country.
“The severe violence that Cindy Gladue suffered needs to be situated within a context [of] ongoing settler-colonial relations marked by gendered violence,” said Lise Gotell, professor of womens and gender studies at the University of Alberta.
“As an outcome of colonization, cultural dislocation, and poverty, Indigenous women and girls continue to face extreme forms of marginalization, including rates of violence that are many times those of other women,” Gotell said.
Though they represent about 4 per cent of all women in Canada, Indigenous women made up nearly 28 per cent of homicides perpetrated against women in 2019, while police estimated in 2015 that some 10 per cent of the country’s missing women were Indigenous.
A 2014 report from Canada’s Royal Canadian Mounted Police identified 1,181 Indigenous women that had been killed or gone missing between 1980 and 2012.
Two years ago, a national enquiry described the thousands of Indigenous women and girls who have been killed or have vanished in Canada in the past decades as victims of a “Canadian genocide.” The report included testimonies from more than 1,400 family members and survivors, and 84 knowledge-keepers, experts and officials.
A national action plan was supposed to follow the report, but progress has been slow. Communities are still waiting for the plan, which was due in June last year.
Crown-Indigenous Relations Minister Carolyn Bennett toldCBC News that further work and consultation should take place before a formal response to the report’s recommendations can be completed, and said the pandemic had affected the government’s timeline.
“How are you going to make all of these wrongs right? You need to be able to assist the women in whatever way they need help,” Lorraine Whitman, president of the Native Women’s Association of Canada told CNN.
Some activists point to other high-profile incidents involving Indigenous women that raised controversy over their treatment in Canada’s legal, healthcare and prison systems.
Kaye told CNN “there’s been a number of different cases where somebody coming into contact with the system as a victim is treated as though they are at fault,” she said.
In October, Canadian authorities said a public coroner’s inquest would be launched into the death of Joyce Echaquan, a 37-year-old mother of seven who died in a Quebec hospital. The CBC reported footage that Echaquan filmed before her death — appearing to allegedly show medical staff calling her “stupid” and “only good for sex” — triggered protests in Quebec City and Montreal. The inquiry is scheduled to begin in May 2021.
The province’s nursing body L’Ordre des infirmières et infirmiers du Québec in a statement denounced the “racism suffered” by Echaquan. In an October video statement, Luc Mathieu, President of the OIIQ said he had asked for a meeting with authorities in Manawan — the Indigenous community Echaquan was from — and is working out a set of disciplinary measures.
Lathieu said the nursing body would be reviewing training programs to establish if they are sufficiently preparing future nurses to deal with First Nations communities.
According to CBC News reports, a nurse and a patient attendant at the Joliette hospital were fired, and investigations by the local health authority have started.
CNN has contacted the region’s Integrated Center for Health and Social Services for comment.
And in 2015, a sex assault victim known by the pseudonym Angela Cardinal was taken into custody for five nights, transported to the courthouse in the same prisoner van as her attacker, and testified — while shackled — against the man who was ultimately convicted of assaulting her, according to CBC reports.
An independent investigator reviewing the case on behalf of Alberta’s Justice Minister later called the events “a complete breakdown of legal protections.”
The provincial court judge who agreed with federal prosecutors to have Cardinal remanded into custody was cleared of any judicial misconduct, according to CBC. The CBC also reported that the Alberta Judicial Council determined that the judge did not did not order that Cardinal be treated in such a way, and that there was no evidence that the complainant’s gender or aboriginal status affected his decisions.
“It is a form of racism that when we look at people, to say they are at fault for their situation when any other person, if a violent act occurred, they would expect to be treated with dignity and respect,” Kaye told CNN. “And yet we don’t see that occurring for Indigenous women.”
“We have to very actively address [it] to ensure that in our trials, we are not allowing prejudice against indigenous people enter into those spaces,” she added.
Institutional racism still pervades in the country’s legal systems and healthcare systems, Whitman said. In 2020, Indigenous women accounted for some 42 per cent of Canada’s female prison population. “We need the government to listen and acknowledge there is systemic racism in these institutions,” she said.
Canada’s Prime Minister Justin Trudeau last year admitted that systemic racism, was an issue across the country “in all our institutions, including in all our police forces, including in the RCMP.”
“In many cases it’s not deliberate, it’s not intentional, it’s not aggressive, individual acts of racism, although those obviously exist. It is recognizing that the systems we have built over the past generations have not always treated people of racialized backgrounds, of Indigenous backgrounds, fairly through the very construction of the systems that exist,” he said.
RCMP Commissioner Brenda Lucki said that racism was present in the force, adding in a statement: “As many have said, I do know that systemic racism is part of every institution, the RCMP included. Throughout our history and today, we have not always treated racialized and Indigenous people fairly.” Lucki promised “thoughtful action” and consultation with Indigenous leaders and members of the RCMP in response.
‘She never had a voice’
Members of Gladue’s family say that although the verdict will allow them to start healing, 10 years after her violent death, the media coverage and legal treatment of Gladue’s case has failed to present her as a human being.
“We haven’t been able to heal as victims, because the trauma sits there,” Adaoui told CNN. “Cindy hasn’t been laid to rest yet, and I think that this is just the start to the healing journey.”
“She died a violent death and it took a decade for us to have some form of justice for her. She never had a voice, and we kept revisiting these two nights. But not only that, they didn’t look at her as a human. She was a human being and that’s the most important,” she added.
“She was a human, she was a mother, she was a daughter, she’s now a grandmother; she was a life giver,” Adaoui said. “She was just a beautiful person, and I think that part was not shown.”
BUFFALO, N.Y. (AP) — Hearing the familiar sounds of clacking sticks and pucks banging off the boards and glass while watching Columbus Blue Jackets prospects from the stands of a cold rink on a warm late-summer afternoon was not enough to wash away the lingering residuals of grief for Don Waddell on Saturday.
That, the Blue Jackets’ general manager acknowledged, will take more time than anyone can guess — weeks, months, perhaps an entire season and beyond.
What mattered is how spending the weekend attending the Sabres Prospects Challenge represented a start to what Waddell called among the first steps in refocusing on hockey and the future in the aftermath of the deaths of Columbus star Johnny Gaudreau and his brother, Matthew, who were struck by a suspected drunken driver while riding bicycles on Aug 29.
“We got to play hockey,” Waddell said. “We’re not going to forget about Johnny and his family, the Gaudreau family.”
“Everybody knows that Johnny wants them to play hockey,” Waddell said. “And everybody’s rallying around that.”
The resumption of hockey in Columbus began last week, when most Blue Jackets players returned to their facility to be together and lean on each other at the urging of Waddell and team captain Boone Jenner. And it will continue on Thursday, when the team opens training camp, exactly three weeks since the Gaudreaus were killed.
“Tragic. Senseless. But now we got to focus on trying to get our team ready to play hockey this year,” Waddell said. “We all mourn and heal differently, but I think as a team being together like that is going to be critical for them to get moving forward.”
Waddell was general manager of the then-Atlanta Thrashers in 2003 when Dany Heatley lost control of his car and struck a wall, with the crash killing passenger and teammate Dan Snyder. In 2021, Blue Jackets goalie Matiss Kivlenieks died during a July Fourth fireworks accident.
Waddell placed the emphasis on himself and coach Dean Evason — both newcomers to Columbus this offseason — to guide the team through what will be an emotional season.
“Now, do I think there’s going to be some dark days? I won’t be surprised,” Waddell said.
Reminders of the Gaudreaus’ deaths remain apparent, and reflected in Buffalo on Friday night. A moment of silence was held in tribute to the brothers before the opening faceoff of a game between the Blue Jackets and Sabres.
Afterward, Columbus prospect Gavin Brindley recalled the times he spent with Johnny Gaudreau in Columbus and as teammates representing the United States at the world hockey championships in the Czech Republic in May.
“He was one of the biggest mentors for me at the world championships,” Brindley said. “I couldn’t tell you how many times we hung out with Meredith, pictures on my phone. It’s just so hard to look back and see that kind of stuff.”
The NHL and NHL Players’ Association are providing the Blue Jackets help in the form of grief counseling, crowd security at vigils and addressing hockey issues, such as potentially altering the league’s salary cap rules to provide Columbus relief from having to reach the NHL minimum payroll because of the void left by Gaudreau’s contract.
“The Blue Jackets, I don’t think anybody’s focused from an organizational standpoint, from a hockey standpoint as to what comes next, because I think everybody’s still in shock,” NHL Commissioner Gary Bettman told The Associated Press last week. “I don’t think anybody’s focused right now other than on the grieving part, which is understandable.”
Much of the burden has fallen to Waddell, who has been in discussions with the NHL and the NHLPA and dealing with outreach programs with the Blue Jackets’ partner OhioHealth, while also overseeing preparations for training camp and gauging his prospects in Buffalo.
There’s also his roster to attend to, which he said has two openings at forward, one involving Justin Danforth, who may miss the start of the season because of a wrist injury. Waddell didn’t have to mention the second opening.
Tiring and emotional as it’s been, Waddell found comfort being in his element, a rink, and looking ahead to the start of training camp.
“The guys are in really good shape. We’ve done a lot of testing already and they’re eager to get going,” Waddell said. “We have a reason to play for. And we’ll make the best of it.”
The Blue Jackets later Sunday signed veteran winger James van Riemsdyk to a one-year contract worth $900,000.
“James van Riemsdyk has been a very consistent, productive player throughout his career,” Waddell said. “Bringing him to Columbus will not only provide depth to our group up front, but also valuable leadership and another veteran presence in our dressing room.”
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AP Hockey Writer Stephen Whyno in New York contributed to this report.
PARIS (AP) — Paris Saint-Germain defender Nuno Mendes was the target of abusive and racist comments on social media after a French league game.
The club condemned the abuse and expressed its “full support” Sunday for the Portugal left back, who was targeted following PSG’s 3-1 win against Brest on Saturday.
Mendes, who is Black, shared on his Instagram account a racist message he received.
During the match, Mendes brought down Ludovic Ajorque in the box for a penalty that Romain Del Castillo converted to give Brest the lead.
“Paris Saint-Germain doesn’t tolerate racism, antisemitism or any other form of discrimination,” the club said. “The racial insults directed at Nuno Mendes are totally unacceptable … we are working with the relevant authorities and associations to ensure those responsible are held accountable for their actions.”
MONTREAL – Tadej Pogacar was so dominant on Sunday, Canada’s Michael Woods called it a race for second.
Pogacar, a three-time Tour de France champion from Slovenia, pedalled to a resounding victory at the Grand Prix Cycliste de Montreal.
The UAE Team Emirates leader crossed the finish line 24 seconds ahead of Spain’s Pello Bilbao of Bahrain — Victorious to win the demanding 209.1-kilometre race on a sunny, 28 C day in Montreal. France’s Julian Alaphilippe of Soudal Quick-Step was third.
“He’s the greatest rider of all time, he’s a formidable opponent,” said Woods, who finished 45 seconds behind the leader in eighth. “If you’re not at your very, very best, then you can forget racing with him, and today was kind of representative of that.
“He’s at such a different level that if you follow him, it can be lights out.”
Pogacar slowed down before the last turn to celebrate with the crowd, high-five fans on Avenue du Parc and cruise past the finish line with his arms in the air after more than five hours on the bike.
The 25-year-old joined Belgium’s Greg Van Avermaet as the only multi-time winners in Montreal after claiming the race in 2022. He also redeemed a seventh-place finish at the Quebec City Grand Prix on Friday.
“I was disappointed, because I had such good legs that I didn’t do better than seventh,” Pogacar said. “To bounce back after seventh to victory here, it’s just an incredible feeling.”
It’s Pogacar’s latest win in a dominant year that includes victories at the Tour de France and Giro d’Italia.
Ottawa’s Woods (Israel Premier-Tech) tied a career-best in front of the home crowd in Montreal, but hoped for more after claiming a stage at the Spanish Vuelta two weeks ago.
“I wanted a better result,” the 37-year-old rider said. “My goal was a podium, but at the same time I’m happy with the performance. In bike racing, you can’t always get the result you want and I felt like I raced really well, I animated the race, I felt like I was up there.”
Pogacar completed the 17 climbs up and down Mount Royal near downtown in five hours 28 minutes 15 seconds.
He made his move with 23.3 kilometres to go, leaving the peloton in his dust as he pedalled into the lead — one he never relinquished.
Bilbao, Alaphilippe, Alex Aranburu (Movistar Team) and Bart Lemmen (Visma–Lease) chased in a group behind him, with Bilbao ultimately separating himself from the pack. But he never came close to catching Pogacar, who built a 35-second lead with one lap left to go.
“It was still a really hard race today, but the team was on point,” Pogacar said. “We did really how we planned, and the race situation was good for us. We make it hard in the last final laps, and they set me up for a (takeover) two laps to go, and it was all perfect.”
Ottawa’s Derek Gee, who placed ninth in this year’s Tour de France, finished 48th in Montreal, and called it a “hard day” in the heat.
“I think everyone knows when you see Tadej on the start line that it’s just going to be full gas,” Gee said.
Israel Premier-Tech teammate Hugo Houle of Sainte-Perpétue, Que., was 51st.
Houle said he heard Pogacar inform his teammates on the radio that he was ready to attack with two laps left in the race.
“I said then, well, clearly it’s over for me,” Houle said. “You see, cycling isn’t that complicated.”
Australia’s Michael Matthews won the Quebec City GP for a record third time on Friday, but did not finish in Montreal. The two races are the only North American events on the UCI World Tour.
Michael Leonard of Oakville, Ont., and Gil Gelders and Dries De Bondt of Belgium broke away from the peloton during the second lap. Leonard led the majority of the race before losing pace with 45 kilometres to go.
Only 89 of 169 riders from 24 teams — including the Canadian national team — completed the gruelling race that features 4,573 metres in total altitude.
Next up, the riders will head to the world championships in Zurich, Switzerland from Sept. 21 to 29.
Pogacar will try to join Eddy Merckx (1974) and Stephen Roche (1987) as the only men to win three major titles in a season — known as the Triple Crown.
“Today gave me a lot of confidence, motivation,” Pogacar said. “I think we are ready for world championships.”
This report by The Canadian Press was first published Sept. 15, 2024.
