SYDNEY, N.S. – Donald Marshall, the aboriginal man wrongfully convicted of murder, and whose case sparked an investigation into police discrimination, has died.
His sister, Roseanne Sylvester, said Marshall, 55, died at a Sydney hospital around 1:30 a.m. Thursday due to complications from a lung transplant he received in 2003.
“He died very peacefully,” Sylvester said, surrounded by family and after receiving about 200 visitors throughout the course of the evening.
Sylvester said his family decided to take him off of life support Wednesday night.
In the years following the lung transplant, family members voiced concerns over medications he had been required to take. His health recently took a downturn and he was admitted to hospital.
The Mi’kmaq man became nationally known in 1971 after he was sent to prison for 11 years for a murder he did not commit. Marshall always maintained his innocence.
In 1982, his case was referred to the Nova Scotia Supreme Court and a year later he was acquitted on all charges. An inquiry later found racism and incompetence in the police investigation had played a role in his wrongful imprisonment. Marshall was compensated with a lifetime pension of $1.5 million.
Marshall’s legal battles didn’t stop there. In 1993, he had his equipment seized while fishing on mainland Nova Scotia.
The Supreme Court of Canada would later conclude Marshall and all other Mi’kmaq and Maliseet people on the East Coast have treaty rights to hunt, fish and gather to earn a moderate living.
Last year, Marshall was charged with uttering threats and assault against his wife, Colleen D’Orsay and her ex-husband, a lawyer in Sydney.
“Every day was a battle for him,” said Sylvester.
“He left a very good legacy for the Mi’kmaq nation,” Sylvester said, holding back tears.
“For someone who was in prison for 11 years . . . to accomplish what he did for his people, he will always be remembered.”
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