Royal Commission on the Donald Marshall, Jr., Prosecution
Background
When considering the purpose of the Royal Commission on the case of Donald Marshall Jr., it can be said that this Inquiry was not just to help the one individual but rather to prevent cases with systematic racism in the criminal justice system from happening again in the future. This is done through the commission’s detailed list of the findings on how the criminal justice system failed Donald Marshall, Jr. during the course of his arrest to the time of his acquittal and their recommendations on how to remedy this for this particular case and for the future. It was in 1971 that Marshall was convicted for murder and began his ten years in prison until 1983 when he was finally
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and make sure other similar cases don’t happen in the future. Dealing with the wrongfully convicted is the first topic that is suggested within the commission, what is suggested is an independent review mechanism that would need to be put into place by the Attorney General. This means that this mechanism would be for the purpose of providing those who claim that they have been wrongfully convicted or those who have information on a case that had a potential wrongful conviction a place to approach with their concerns. The next top of suggests involves minorities and the criminal justice system, it is proposed by the commission that the Department of Attorney General publish a Policy on Race Relations to ensure that minorities are being better represented at all levels of the Canadian criminal justice system, it is also committed to the elimination of any inequalities of race within the system. An Alternative Penalty act is also proposed meaning that individuals will not be forced to serve time simply because they are financially unable to pay for a because of poverty. This ensures that those who are in poverty are benefitted within the criminal justice system and are not discriminated against. Nova Scotia Micmac and the criminal justice systems is another topic that is given recommendations within the commission. Under this topic a community controlled Native criminal court is proposed, with a Native Justice of Peace that had the jurisdictions to hear cases that involve a summary conviction on a reserve. It would also provide mediation services, rehabilitation and court worker serves on reserves. All of these suggestions are recommended with the hopes that cases such as Donald Marshal, Jr. do not happen in the future and works towards the removing of racist biases within the criminal justice