Commission of inquiry concerning the adequacy of compensation paid to Donald Marshall, Jr.

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Commission of inquiry concerning the adequacy of compensation paid to Donald Marshall, Jr.

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  • 1990 (Creation)
    Commission of Inquiry Concerning the Adequacy of Compensation Paid to Donald Marshall Jr.

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0.48 m of textual records

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Administrative history

The Report of the Royal Commission on the Donald Marshall Jr. prosecution had recommended that the issue of compensation for Marshall be revisited. On March 22, 1990 an Order-in-Council was passed appointing Gregory T. Evans, Chief Justice of the Ontario High Court, as a commission of one to examine the adequacy of compensation paid to Donald Marshall Jr., in light of what the Royal Commission on the Donald Marshall Jr., Prosecution found to be factors contributing to this wrongful conviction and continued incarceration. W. Wylie Spicer was appointed Commission Counsel. Hearings were held early in April 1990 and the Commission reported its findings on July 5, 1990.

Custodial history

Commission Counsel W. Wylie Spicer worked out of the law firm of McInnes Cooper & Robertson and some of the materials had been incorporated in their file system prior to transfer to the NS Archives. Similarly Judge Evans was also Ontario Conflict of Interest Commissioner during the time of the Compensation Commission and some materials were in Government of Ontario file folders. When the Compensation Commission concluded its records were assembled by W. Wylie Spice rand transferred to the Nova Scotia Archives.

Scope and content

The fonds consists of the records of the Commission including: transcripts of the hearings before the Commission, submissions made to the Commission by Commission Counsel, the Government of Nova Scotia and on Donald Marshall, Jr; books of cases and authorities cited; exhibits presented to the Commission; files and publications kept by Commission Counsel in relation to the principles of compensation previously made in other wrongful conviction instances; and newspaper clippings.

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The first 11 items in the fonds were exhibits submitted as evidence before the Commission and were numbered by the Commission.

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Until 2010, the testimony of Donald Marshall Jr. and submissions made at in-camera hearings were available only to those with written permission from the Commission Counsel, W. Wylie Spicer.

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