Case information

Charter of Rights and Freedoms — Arbitrary detention — Investigative detention — Search and seizure — Ancillary power to seize pursuant to investigative detention — Criminal law — Offences — Elements of offence — Sexual assault — Consent — Vitiation of consent —Evidence — Whether consent to sexual activity is vitiated where significant bodily harm was caused but harm was not objectively foreseeable — Whether Court of Appeal erred in using ancillary powers doctrine to legitimize seizure of personal bag during investigative detention — Whether Court of Appeal erred in applying ancillary powers doctrine to legitimize three hours of an investigative detention?

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Cindy Gladue was found deceased in Mr. Barton’s hotel room. She bled to death from an 11-centimetre laceration of her vaginal wall. Mr. Barton was tried before a jury for unlawful act manslaughter. Whether Ms. Gladue consented to the sexual act that caused her injury and, if so, whether her consent was vitiated were among the issues argued at trial. Evidence obtained by police during Mr. Barton’s investigative detention was admitted at trial. A jury convicted Mr. Barton of manslaughter. The Court of Appeal dismissed an appeal.