Justice Denied: A Miscarriage of Justice

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Justice Denied A Miscarriage of Justice
Mikmaq Studies 10 PowerPoint Presentation

• The Donald Marshall, Jr. Story

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The Marshall case is one of Canada's most famous
examples of wrongful conviction and racism
against ABORIGINAL PEOPLE.

• A short scuffle occurred before Marshall and
  Seale could rob them. Ebsary pulled a knife and
  fatally stabbed Seale in the stomach.
• Sydney Police did not charge Ebsary with a crime.
  
• Even though Marshall gave a description of
  Ebsary, Marshalls story did not seem believable.
  
• He was 'known to them' from previous incidents.
  He was charged with Seales death.

• Donald Marshall, Jr. and his friend Sandy Seale
  were walking in Wentworth Park in Sydney, N.S. on
  May 28, 1971.
• They struck up a conversation with two strangers,
  Rob Ebsary and Jimmy MacNeil.
• Marshall and Seale were in the park that night
  looking for "drunks to roll".

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• Arrested on June 4, 1971, his preliminary inquiry
  occurred in one day on June 5, 1971.
• Marshalls trial was heard over only three days
  from November 2 5, 1971.
• Donald Marshalls journey through the criminal
  justice process proceeded with breath-taking
  speed, unthinkable today.
• By age 17, he was charged, tried and convicted of
  a murder he did not commit. Marshall was
  sentenced to life in prison.
• Ten days after the conviction, Jimmy MacNeil came
  forward to

• say he was with Ebsary and had seen him
  commit the murder.
• In 1974, Ebsary's daughter (Donna) contacted the
  police and informed them that she saw her father
  washing blood from a knife on the night of the
  murder.
• In both cases the information was not passed
  along to either the Crown or the defence team.
• Donald Marshall, Jr. never relented in his
  struggle to free himself and clear his name.

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Justice DeniedThe Donald Marshall Jr. Story

• The police reopened their investigation into
  Sandy Seales murder in January 1982.
• As Staff Sergeant Harry Wheaton and Corporal
  James Carroll reviewed the evidence and spoke to
  the original witnesses they realized that
  Marshall could be telling the truth about his
  innocence.
• Donald Marshall, Jr. was granted parole after 11
  years and one month in custody on July 29, 1982.
• Marshalls conviction was overturned on May 10,
  1983.

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• Hearing his appeal in the 1980s, a Nova Scotia
  Supreme Court Appeal Division judge felt
  compelled to blame and humiliate Marshall.
• It was said that he was the author of his own
  misfortune.
• He was still held responsible for his
  imprisonment. The reason identified was for not
  admitting to being in Wentworth Park to rob
  people.
• Their opinion provides a measure of how deeply
  held society's racist views were.

• Two days after Marshalls conviction was
  overturned, Roy Ebsary was charged with 2nd
  degree murder.
• After three trials he was convicted of
  manslaughter and sentenced to three years in
  prison which was reduced to one year on appeal.
• On September 26, 1984 the province of Nova Scotia
  announced a settlement for the years Donald
  Marshall, Jr. spent in prison.

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• On October 28, 1986, the Royal Commission on the
  Donald Marshall, Jr. Prosecution was established
  in order to make recommendations on
• the investigation of Sandy Seales death
• the charging and prosecution of Donald Marshall
  Jr.
• Marshalls conviction and sentencing
• A Royal Commission is appointed by the government
  to conduct an investigation.
• Witnesses can be called and evidence is
  thoroughly reviewed. After hearing testimony and
  reviewing crucial evidence related to the topic
  of study, recommendations are made. The
  government may or may not act upon any or all of
  the recommendations.

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• Beginning in September 1987 the Royal Commission
  heard from 62 witnesses in Sydney and 52 in
  Halifax.
• The Marshall Report released by the Royal
  Commission (RC) on the Donald Marshall, Jr.
  Prosecution findings were released and between
  December 1989-January 1990. The RC concluded that
  the Nova Scotia justice system, and society in
  general, was to blame for the injustices carried
  out against an innocent and defenceless Mi'kmaq
  teenager.
• The Royal Commission findings found that
• The criminal justice system failed Marshall.
• If persons involved in the justice system had
  carried out their duties professionally his
  conviction should not have happened.
• Marshall was not responsible for his own
  imprisonment.

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Marshall Report Findings

• The fact that Marshall was Mikmaq played a
  factor in his wrongful conviction and
  imprisonment.
• Marshall had told the truth about what happened
  in Wentworth Park.
• The police response and investigation were
  inadequate, incompetent, and unprofessional
• The Crown prosecutor and the defence counsel
  failed Marshall.

• It was not just the justice system that failed
  Marshall, it was society. For without the racism
  that was all too widespread throughout the
  province and country, the justice system would
  not have dared to do what it did to him in the
  first place.
• Basically, Mr. Marshalls wrongful conviction
  occurred because of police and prosecutorial
  misconduct, the incompetence of his defence
  counsel, perjured testimony, jury bias and
  judicial error.

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• For the Mikmaq community the most significant
  finding of the Inquirys three years of work
  (public hearings, roundtables and independent
  research studies) was the conclusion reached by
  the Commissioners that Donald Marshall, Jr. was
  ...convicted and sent to prison, in part at
  least, because he was a Native person."
• The RC of Inquiry found The criminal justice
  system failed Donald Marshall, Jr. at virtually
  every turn, from his arrest and wrongful
  conviction in 1971 up to and even beyond his
  acquittal by the Court of Appeal in 1983.
• The Commissioners described the evidence
  supporting this inescapable conclusion as
  persuasive and said, That racism played a role
  in Marshalls imprisonment is one of the most
  difficult and disturbing findings this Royal
  Commission has made.

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Recommendations

• The Nova Scotia Attorney General should adopt a
  policy on race relations that is committed to
  employment equity and elimination of inequality
  based on race.
• Police officers should undergo sensitivity
  training.
• A Native Criminal Court should be established.
• Mikmaq interpreters should be provided by the
  courts.
• A Native court worker program should be
  established.
• The RCMP and other police forces should take
  immediate steps to recruit and hire Native
  people.

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Donald Marshall , Jr. Honoured with Statue
Outside the Membertou Trade and Convention Centre
in Sydney On February 7, 1990 the Nova Scotia
government officially apologized to Donald
Marshall for his wrongful conviction.
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Marshalls Lasting Legacy

• Marshall's arrest for fishing eels led to a
  Supreme Court of Canada ruling, known as the
  Marshall decision, that confirmed native people
  have the right to fish for a moderate living.
• Marshall died in August 2009 from complications
  of a double-lung transplant. He was 55.
• Membertou Chief Terry Paul said Marshall left a
  considerable legacy for the Mi'kmaq Nation.
• "The contribution and determination of Donald
  Marshall Jr.'s efforts in fighting for a
  livelihood fishery will never be forgotten," Paul
  said in a news release.

• Donald Marshall, Jr.

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The Donald Marshall, Jr. Story Timeline of
Events

• Task Create a timeline of key events outlining
  the murder of Sandy Seale, the conviction of
  Donald Marshall, Jr. and the events leading up to
  his eventual release.  Your timeline should have
  at least 10 key events.
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•  The timeline does not need specific dates but
  should be written in chronological order. Key
  people involved
•  Detective MacIntyre
• Donald Marshall, Jr.
• John Pratico
• Jimmy MacNeil
•  Maynard Chant
• Roy Ebsary
• Sandy Seale
• ________/10 points

Beginning Point
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Ending Point
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Reflection

• Using the following questions write a one-page
  reflection on the Donald Marshall Jr. Case
• Do you think race played a part in his
  conviction? Explain why this is true.
• How would you feel if this happened to you?
• Would you turn bad because you were labeled bad
  or turn it around and do something good with
  your life?
• Remember to write each question down on your
  paper before writing your comments.