Justice Denied The Donald Marshall Jr. Story In January 1982 the RCMP reopened the investigation into Sandy Seale’s murder As Staff Sergeant Harry Wheaton.

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Presentation transcript:

Justice Denied The Donald Marshall Jr. Story In January 1982 the RCMP reopened the investigation into Sandy Seale’s murder 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 On July 29, 1982, Marshall was granted parole after 11 years and one month in custody On May Marshall’s conviction was overturned but he was still held responsible for his imprisonment for not admitting to being in Wentworth park to rob people

Two days later 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 of $ for the years Donald Marshall spent in prison 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 Seale’s death, -the charging and prosecution of Donald Marshall Jr., and -Marshall’s conviction and sentencing

A Royal Commission is appointed by the government to conduct an investigation, it can call witnesses and review all evidence, it then makes recommendations which the government may or may not act upon. Beginning in September 1987 the Royal Commission heard from 62 witnesses in Sydney and 52 in Halifax The Royal Commission 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 The fact that Marshall was Mi’kmaq 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 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 Mi’kmaq 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

Assignment Write a one page reflection on the Donald Marshall Jr. Case using the following ideas for guidelines: 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? Do you think race played a part in his conviction? Why do you think this?