Family of late Donald Marshall, Jr. protest outside of UNSI chiefs meeting in Halifax Sept. 30/09
Simon Marshall says he just wants Atlantic aboriginal leaders to honour a promise they made to his brother, the late Donald Marshall, Jr., to compensate him for his fishing rights court battle.
“He spent seven years in court and they offered a settlement to him,” Marshall, 42, said while holding a protest sign outside of the Lord Nelson Hotel on Wednesday afternoon. “Only one per cent followed through in honouring the settlement,” he said.
Marshall and several other family members held signs outside of the Lord Nelson Hotel on South Park Street just as the Union of Nova Scotia Indians was set to begin its 40th annual general assembly inside. Chiefs from seven Mi’kmaq communities in Nova Scotia sit on the board of directors of UNSI.
“We want to bring attention to the chiefs that we’re here to stand for Donald,” Marshall said.
Donald Marshall, Jr. won a seven-year court battle to have his illegal fishing conviction overturned. On Sept. 17. 1999, the Supreme Court of Canada ruled that Marshall had a treaty right to commercially fish for a moderate livelihood.
The ruling prompted the federal government to sign multi-million dollar fishing deals with the majority of Mi’kmaq and Maliseet bands in the Maritimes in order to provide aboriginal fishermen with access to the Atlantic fishery.
On Aug. 6, Donald Marshall, Jr. died at the age of 55 of complications from a double lung transplant he received in 2003.
Colleen D'Orsay, widow of late Donald Marshall, Jr., with son, Donald Marshall the Third, during protest in Halifax on Wednesday. Photo by RadioGoogoo.ca
According to Marshall’s widow Colleen D’Orsay, aboriginal leaders in Atlantic Canada passed a resolution in 2001 stating that all bands would contribute to a fund to compensate her late husband for the years he spent before the courts in his fishing rights case. D’Orsay said the amount promised was approximately $2-million to be fully paid by 2004.
To date, D’Orsay, 34, said only two bands, Membertou and Waycobah in Nova Scotia, have paid their share of the total settlement promised to her late husband.
“That absolutely broke and crushed his spirit,” D’Orsay said while holding her son, Donald Marshall the Third, during the peaceful demonstration.
“He attended many meetings and wrote many, many letters that were ignored and that broke his heart and it had a real impact on his health and on our family life, too,” she said.
Several members of Marshall’s family held a similar protest outside of the World Trade and Convention Centre in Halifax two weeks ago while the Nova Scotia Assembly of Mi’kmaq Chiefs held a news conference inside to mark the 10th anniversary of the Marshall fishing rights court decision.
During the Sept. 17 news conference, Membertou Band Chief Terry Paul confirmed that there was a discussion among leaders with the Atlantic Policy Congress of First Nation Chiefs on allocating certain amount of money from each community to recognize the work of Donald Marshall, Jr. in his fishing rights case.
Nova Scotia Mi’kmaq chiefs and leaders with the Atlantic Policy Congress of First Nation Chiefs have agreed to meet with Marshall’s family in mid-October to resolve the issue of compensation, Paul said.
“I think it’s good they’re finally able to stand up and acknowledge that they did make the agreement,” Glen Gould, Marshall’s nephew, said on Wednesday.
“Now it’s time to put the words in to action and actually do something about it for the future of his children,” he said.
Marshall’s family still intends to demonstrate at future chiefs’ meetings until the compensation promised to his late uncle is fully paid, Gould said.
“You know, words are words and it’s easy for political leaders, political people to say ‘Hey, this is what we’re going to do.’” Gould said. “But then what happens? Sometimes, it goes away. We’re just here to make sure it’s not going to go away.”
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