This was viewed as a "serious and fundamental error" by the Royal Commission report. Anne Derrick, Q.C., well-known social justice advocate lawyer, worked as Marshall's counsel, and Order of Canada recipient Clayton Ruby was co-counsel for Marshall, along with Anne Derrick, during the 1989 Royal Commission on Marshall's prosecution. The Crown Attorney's failure to provide full disclosure (contradictory and coerced statements by witnesses, because they believed the evidence not provided had no bearing in the case) brought about changes in the Canadian rules of evidence regarding disclosure. The prosecution must provide full disclosure without determination on what may be useful to the defence (that is the defence's duty to decide). Marshall ultimately received a lifetime pension of $1.5 million in compensation. His conviction resulted in changes to the Evidence Act in Canada which was amended so that any evidence obtained must be presented to the defence on disclosure. Prior to this case, Crown Attorneys had discretion to present what they determined to be pertinent to a case. After 1983, the C.A. must provide all evidence with no determination on its usefulness. The rationale of the law is that it is more appropriate for the defense to determine what may or may not assist an accused. In response, a Royal Commission was formed to investigate what had caused the miscarriage of justice; this led to an influential case on judicial independence in Canada, "Mackeigan v. Hickman". Subsequently, Marshall reached prominence as the primary petitioner in the landmark Supreme Court of Canada case "R. v. Marshall" [1999] 3 SCR 456 regarding treaty rights allowing Aboriginal people to catch and sell fish under the relevant treaties. The treaty right was established, and Marshall was acquitted. In January 2006, Marshall faced charges of attempted murder, uttering death threats and dangerous driving following a New Year's Eve party in which Marshall was accused of attacking a man with a vehicle. The charges were dropped after both men agreed to participate in a healing circle. In 2008, Marshall faced charges of assault against his wife, uttering threats against his wife and her ex-husband and breach of an undertaking. Marshall died 6 August 2009, in Sydney, Nova Scotia, from complications of a 2003 lung transplant. The Membertou First Nation unveiled a statue to honour Marshall in 2010 outside the Membertou Trade and Convention Centre in Sydney, Nova Scotia. Daniel N. Paul has suggested renaming the Cornwallis Square in Halifax, Nova Scotia the Donald Marshall Jr. Memorial Park and replacing the statue of Edward Cornwallis with one of Donald Marshall Jr.