LEAF/IAAW Factum Filed in R v Barton

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On March 8, 2016, Alberta Court of Appeal Justice Berger granted the Women’s Legal Education and Action Fund (LEAF) and the Institute for the Advancement of Aboriginal Women (IAAW) leave to intervene in R. v. Barton at the Alberta Court of Appeal. You can read our leave application here.

On May 2, 2016, LEAF and IAAW filed our factum with the Court.

In our factum, LEAF and IAAW submit that the trial Court made two errors in law. First, the Court admitted evidence of Cindy Gladue’s sexual history and allowed repeated characterizations of her that perpetuated myths and stereotypes that should not form any part of Canadian law. Second, the Court failed to inform the jury that consent to a given form of sexual touching does not extend to the use of any conceivable degree of force by one’s sexual partner.

The hearing in this appeal is scheduled for September 6, 2016, in Edmonton.

About Women’s Legal Education and Action Fund (LEAF)
Since April 17, 1985, when equality rights were enshrined in sections 15 and 28 of the Charter of Rights and Freedoms, LEAF has worked toward equality for women and girls. LEAF intervenes in key cases to ensure that when courts interpret equality rights, there will be a systemic improvement in women’s lives. For more information about LEAF, visit www.leaf.ca

About the Institute for the Advancement of Aboriginal Woman (IAAW)
For the past 20 years, IAAW has advanced the rights of Aboriginal women through advocacy, education, research and program development. IAAW is composed of First Nation and Metis Women dedicated to supporting other women in their journey to build individual and family capacity while supporting the development of healthy, safe and caring communities. For more information about IAAW, visit www.iaaw.ca