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Donald Marshall, Jr. is a Canadian man who was wrongly convicted of murder. The case inspired a number of disturbing questions about the fairness of the Canadian justice system, especially given that Marshall was an Aboriginal; as the Canadian Broadcasting Corporation put it, "The name Donald Marshall is almost synonymous with 'wrongful conviction' and the fight for native justice in Canada." The case inspired the book and film Justice Denied. [1] A miscarriage of justice is primarily the conviction and punishment of a person for a crime that they did not commit. ...
Aboriginal peoples in Canada are indigenous peoples recognized in the Canadian Constitution Act, 1982 as Indians (First Nations), Métis, and Inuit. ...
The Canadian Broadcasting Corporation (CBC), a Canadian crown corporation, is the countrys national radio and television broadcaster. ...
Marshall was sentenced to life imprisonment for murdering his best friend Sandy Seale in 1971. They had been walking in a Sydney, Nova Scotia park, and Seale was attacked by a stranger named Roy Ebsary. 1971 (MCMLXXI) is a common year starting on Friday (click for link to calendar). ...
Sydney, Nove Scotia, on Cape Breton Island Sydney is a community and former city in Nova Scotia, Canada, and is located on its namesake harbour. ...
Marshall spent 11 years in jail before being acquitted by the Nova Scotia Court of Appeal in 1983. A witness came forward to say he had seen another man stab Seale. In response, a Royal Commission was formed to investigate what had caused the miscarriage of justice. This would lead to an influential case on judicial independence in Canada, Mackeigan v. Hickman. The Nova Scotia Court of Appeal is the court of appeal in the province of Nova Scotia, Canada. ...
1983 (MCMLXXXIII) is a common year starting on Saturday of the Gregorian calendar. ...
Judicial independence is the doctrine that decisions of the judiciary should be impartial and not subject to influence from the other branches of government or from private or political interests. ...
Mackeigan v. ...
Subsequently, Marshall, a Mi'kmaq, reached prominence again as the primary petitioner in the landmark Supreme Court of Canada case of R. v. Marshall [1999] 3 SCR 45 regarding native fishing rights. The Mikmaq (also MÃkmaq, Micmac, Migmaq) are a First Nations people indigenous to northeastern New England, Canadas Maritimes, and the Gaspé Peninsula of Quebec. ...
The Supreme Court Building in Ottawa The Supreme Court of Canada (French: Cour suprême du Canada) is highest court of Canada and is the final court of appeal for all litigants in the Canadian justice system. ...
R. v. ...
On January 2, 2006, Marshall was arrested on a new charge of attempted murder stemming from an alleged attempt to strike another man with his motor vehicle. The judge in the case has ordered Marshall to undergo a psychiatric assessment to determine his fitness to stand trial. January 2 is the second day of the year in the Gregorian calendar. ...
2006 (MMVI) is a common year starting on Sunday of the Gregorian calendar. ...
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