1. Justice Denied: A Miscarriage of Justice The Donald Marshall, Jr. Story Mi’kmaq Studies 10 PowerPoint Presentation

2. The Marshall case is one of Canada's most famous examples of wrongful conviction and racism against ABORIGINAL PEOPLE. 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". 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, Marshall’s story did not seem believable. He was 'known to them' from previous incidents. He was charged with Seale’s death.

3. Arrested on June 4, 1971, his preliminary inquiry occurred in one day on June 5, 1971. Marshall’s trial was heard over only three days from November 2 – 5, 1971. Donald Marshall’s 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.

4. Justice Denied: The Donald Marshall Jr. Story The police reopened their investigation into Sandy Seale’s 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. Marshall’s conviction was overturned on May 10, 1983.

5. 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 Marshall’s 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.

6. 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. Marshall’s 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.

7. 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.

8. Marshall Report Findings 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. 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. Marshall’s wrongful conviction occurred because of police and prosecutorial misconduct, the incompetence of his defence counsel, perjured testimony, jury bias and judicial error.

9. For the Mi’kmaq community the most significant finding of the Inquiry’s 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 Marshall’s imprisonment is one of the most difficult and disturbing findings this Royal Commission has made.”

10. 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.

11. 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. Donald Marshall, Jr. Honoured with Statue

13. Marshall’s 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.

14. 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. 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 Ending Point 

15. 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.