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Donald Marshall Jr.

Life and Death

  • Born September 13, 1953 in Membertou, NS
  • Died August 6, 2009 (Aged 55) in Sydney, NS
  • Parents: Donald Marshall Sr. and Caroline Marshall
  • Spouse: Colleen D'Orsay
  • Children: Donald John Craig Marshall (son), Ashleen D'Orsay (step-daughter)

Murder

  • Wrongly charged of the murder of Sandford (Sandy) Seale in 1971
  • Sentenced to life imprisonment
  • Police always seemed to try to pin the murder on him
  • http://en.wikipedia.org/wiki/Donald_Marshall,_Jr.
  • http://www.theglobeandmail.com/news/national/the-life-and-death-of-donald-marshall-jr/article4283981/?page=all
  • https://www.novascotia.ca/just/marshall_inquiry/_docs/Royal%20Commission%20on%20the%20Donald%20Marshall%20Jr%20Prosecution_findings.pdf
  • http://www.cbc.ca/news/canada/wrongfully-convicted-donald-marshall-jr-dies-1.781139

Donald Marshall Jr.

Freedom

  • Another witness came forward in 1983 saying they saw another man stab Sandy
  • Previous statements from other witnesses were withdrew
  • Conviction was overturned
  • Received $250 000 in compensation
  • Wrongly convicted of murder in 1971

  • Conviction was overturned in 1983 and he was settled $250 000

  • After 1983, the C.A. "must provide all evidence with no determination on it's usefulness. The rationale of the law is that it is more appropriate for the defense to determine what may or may assist an accused."

  • Spent 6 years fighting discrimination towards natives.
  • Donald Marshall Jr. has been a major influence on the Canadian Justice System and he is recognized often for his wonderful attributions to Canadian society.
  • He is a major part of ending discrimination towards First Nations.

Fishing Rights

  • From 1993 to 1999, Donald fought for the rights of the Mi'kmaq and Maliseet people
  • After 1983, the C.A. "must provide all evidence with no determination on it's usefulness. The rationale of the law is that it is more appropriate for the defense to determine what may or may assist an accused."

Aboriginal Rights

  • Spent 6 years fighting discrimination in the courts to challenge the federal government's denial of the historic treaty rights granted to his people by the British Crown in 1760, a case that went all the way to the Supreme Court of Canada.
  • After a long battle, the court found that Mi'kmaq and Maliseet people on the East Coast have treaty rights to hunt, fish and gather to earn a moderate livelihood.
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