LAWS 3306 Lecture Notes - Lecture 8: Donald Marshall, Jr., Miscarriage Of Justice, Due Process
Document Summary
Actual killer convicted of manslaughter and sentenced to 1 year in prison in 1986: conviction was appealed and the inquiry faulted the way appeal was conducted. Marshall insisted he did not kill individual in trial. Left trier of fact with question of whether or not. Could legitimize the system myth of fairness. Jury representation and indigenous members on jury duty. Kokopenace case: scc found accused persons at trial are not entitled to jury of peers of their own race or religion, only fair and honest process of random jury selection. No right to a jury role of a particular composition or to a proportional one that represents all the groups in canada. Stanley case: jury trial in saskatchewan, cree man, colten boushie, 22 y/o shot to death when we drove a vehicle on the farm belonging to stanley, white male. Id, harper said no and attempted to leave.
