R. v. Barton: A Case Study in Racism and Sexism in the Canadian Justice System

In 2017, R. v. Barton was tried in Canadian court. The case concerned the use of racist and sexist stereotypes about Indigenous women in criminal trials, and the meaning of consent in sexual assault law.

Ms. Gladue was the defendant in this case, and she was completely dehumanized during the trial process when a portion of her sexual organs - human remains - were brought into the court and treated as evidence and referred to as a "specimen."

The Supreme Court of Canada's ruling in R. v. Barton (2017, 2019) has been widely criticized for its lack of respect for the dignity of the victim, Ms. Gladue.

In this blog post, we'll take a closer look at the case of R. v. Barton, what it says about racism and sexism in the Canadian justice system, and why the Supreme Court's ruling was so controversial.


Racism and Sexism in the Canadian Justice System
The trial of R. v. Barton was a clear example of racism and sexism in the Canadian justice system. Throughout the trial, Ms. Gladue was treated as less than human - her sexual organs were treated as evidence and referred to as a "specimen," which completely dehumanized her.

What's even more troubling is that this kind of treatment is not uncommon for Indigenous women in the Canadian justice system. A report by the Aboriginal Legal Services of Toronto found that 60% of Indigenous women in prison were victims of sexual abuse, and that 85% of Indigenous women who had been to prison had experienced physical abuse prior to their incarceration.

This is just one example of how systemic racism and sexism play out in the Canadian justice system on a daily basis. Indigenous women are disproportionately represented in prisons across Canada, and they are often treated with disrespect and violence by police officers, lawyers, and judges alike.

The Supreme Court's Ruling
The Supreme Court's ruling in R. v. Barton was highly controversial, as it showed a complete lack of respect for Ms. Gladue's dignity as a victim of sexual assault. In its ruling, the court said that "the use of racist stereotypes about Indigenous women is incompatible with their status as human beings deserving of respect and equality."

However, many people feel that the ruling did not go far enough to address the systemic racism and sexism that exists within the Canadian justice system. For instance, some have argued that the Supreme Court should have ordered a new trial for Ms. Gladue, instead of simply ordering a new sentencing hearing (which is what ultimately happened).

Racism and sexism are endemic problems within the Canadian justice system - as evidenced by the case of R. v Barton - and much more needs to be done to address these issues on a systemic level. The Supreme Court's ruling in R v Barton was a step in the right direction, but it is only one small step on a very long journey towards true equality for Indigenous women within Canada's justice system .