Transcript Justice Denied PP.ppt

Mi’kmaq Studies 10 PowerPoint Presentation
Justice Denied: A Miscarriage of Justice
The Donald Marshall, Jr. Story
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.
Arrested on June 4, 1971, his
preliminary inquiry occurred in
one day on June 5, 1971.
say he was with Ebsary and
had seen him commit the
murder.
Marshall’s trial was heard over
only three days from November
2 – 5, 1971.
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.
Donald Marshall’s journey
through the criminal justice
process proceeded with breathtaking 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
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.
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.
Justice Denied:
The Donald Marshall Jr. Story
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.
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.
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.
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.
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.”
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.
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.
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.
Donald Marshall, Jr.
• "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.
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 Donald Marshall, Jr. Story &
Timeline of Events
Beginning Point
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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
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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.