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SR Vol 27 No 4, October 2009 - Nova Scotia Barristers' Society

SR Vol 27 No 4, October 2009 - Nova Scotia Barristers' Society

SR Vol 27 No 4, October 2009 - Nova Scotia Barristers' Society

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Donald Marshall, Jr. spent 20 per cent of his life behind bars—and countless hours in <strong>No</strong>va <strong>Scotia</strong>’s courtrooms—for a crimehe didn’t commit. He was 16 when arrested for murder, and histrial took just three days. To uncover what went so wrong in ourjustice system, the ensuing public inquiry needed three years tocomplete its work.This December marks 20 years since the Royal Commissionfiled its final report, sparking changes that still reverberate andevolve. While the mourning continues for Mr. Marshall, whodied in August, this fall also marks 10 years since the success ofhis second court odyssey, the Supreme Court of Canada rulingthat reaffirmed centuries-old Mi’kmaq treaty rights to fish for amoderate livelihood.In this special edition, we consider Mr. Marshall’s impact and thelessons learned from both of these major legal turning points.Marla CranstonEditor, <strong>Society</strong> Record, Communications Officer4 The <strong>Society</strong> Record

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