090 – Miscarried Justice – The Murder of Sandy Seale & Conviction of Donald Marshall Jr. (NS)

Episode 090 – On evening in late May of 1971 police responded to reports of a young black male, Sandy Seale, having been stabbed in Sydney, Nova Scotia‘s Wentworth Park. A 17-year-old indigenous man, named Donald Marshall Jr., son of the Mi’kmaq Grand Chief who’d been at the scene, and injured himself, was later charged with the crime. After spending almost 12 years in prison Marshall was exonerated by a fresh RCMP investigation after new evidence was presented to Marshall by a friend. Donald Marshall Jr. was freed and the real killer, Roy Ebsary, was eventually convicted, and one of the largest inquiries into a wrongful conviction in Canadian history was launched.

Photo: provided by Marshall Family to the Canadian Encyclopedia

Sources:
Regina v. Marshall, 1972 CanLII 1345 (NS CA), <http://canlii.ca/t/hv00k>
R. v. Ebsary, 1984 CanLII 3507 (NS CA), <http://canlii.ca/t/g9nx0>
R. v. Ebsary, 1986 CanLII 4648 (NS CA), <http://canlii.ca/t/gc47w>
Wikipedia – Donald Marshall Jr
Mi’Kmaw Culture – Overview
Justice Denied: The Law Versus Donald Marshall by Michael Harris
Real Justice: Convicted for Being Mi’kmaq: The story of Donald Marshall Jr.
Royal Commission on the Donald Marshall, Jr Prosecution – PDF
Global News: N.S. introduces policy ensuring fair treatment of Indigenous Peoples in courts
Documentary – The Donald Marshall Jr. Story

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