L. Jane McMillan, “Still Seeking Justice: The Marshall Inquiry Narratives”

Working Abstract

Recently, several high profile miscarriages of justice in Mi’kmaq territory raised the call for a review of the 82 recommendations of the Royal Commission of the Donald Marshall Jr. Prosecution. This past year our research team convened 15 community forums seeking counsel from Mi’kmaw people across Nova Scotia using a community-based, collaborative, engaged research process to prioritize Indigenous knowledge and experiences. Indigenous perceptions of the Canadian criminal justice system, customary law practices and capacity requirements were collected in this assessment of the actualization and efficacy of the Marshall Inquiry Recommendations, which called for significant transformations to address systemic discrimination in the Canadian criminal justice system. Collectively we are challenging the settler states to be accountable in moving forward toward reconciling Aboriginal rights amidst and against the increasing oppression of legislative dominance that is suffocating Indigenous communities and attempts to erode customary laws through new forms of coercive assimilation.

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