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Donald Marshall, the Supreme Court and Troubles on the Water at Burnt Church

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Donald Marshall, the Supreme Court and Troubles on the Water at Burnt Church This is the News: Donald Marshall, the Supreme Court and Troubles on the Water at Burnt Church by Paul Fitzgerald A thesis submitted to Saint Mary’s University in partial fulfillment of the requirements for the Degree of Master of Arts in Atlantic Canada Studies March 2006, Halifax, Nova Scotia © Paul Fitzgerald Approved: Dr. Chris McCormick External Examinator Kim Kierans Reader Dr. John G. Reid Supervisor March 17, 2006 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Library and Bibliotheque et Archives Canada Archives Canada Published Heritage Direction du Branch Patrimoine de I'edition 395 Wellington Street 395, rue Wellington Ottawa ON K1A 0N4 Ottawa ON K1A 0N4 Canada Canada Your file Votre reference ISBN: 978-0-494-17648-1 Our file Notre reference ISBN: 978-0-494-17648-1 NOTICE: AVIS: The author has granted a non­ L'auteur a accorde une licence non exclusive exclusive license allowing Library permettant a la Bibliotheque et Archives and Archives Canada to reproduce,Canada de reproduire, publier, archiver, publish, archive, preserve, conserve,sauvegarder, conserver, transmettre au public communicate to the public by par telecommunication ou par I'lnternet, preter, telecommunication or on the Internet,distribuer et vendre des theses partout dans loan, distribute and sell theses le monde, a des fins commerciales ou autres, worldwide, for commercial or non­ sur support microforme, papier, electronique commercial purposes, in microform,et/ou autres formats. paper, electronic and/or any other formats. The author retains copyright L'auteur conserve la propriete du droit d'auteur ownership and moral rights in et des droits moraux qui protege cette these. this thesis. Neither the thesis Ni la these ni des extraits substantiels de nor substantial extracts from it celle-ci ne doivent etre imprimes ou autrement may be printed or otherwise reproduits sans son autorisation. reproduced without the author's permission. In compliance with the Canadian Conformement a la loi canadienne Privacy Act some supporting sur la protection de la vie privee, forms may have been removed quelques formulaires secondaires from this thesis. ont ete enleves de cette these. While these forms may be includedBien que ces formulaires in the document page count, aient inclus dans la pagination, their removal does not represent il n'y aura aucun contenu manquant. any loss of content from the thesis. i * i Canada Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. “This is the News: Donald Marshall, the Supreme Court and Trouble on the Water at Burnt Church” By Paul Wayne Fitzgerald Abstract: This thesis will analyze the media coverage surrounding the Supreme Court of Canada’s landmark decision in the Donald Marshall Junior case and its subsequent clarification in 1999. This thesis will also review the media coverage surrounding the Burnt Church fishing dispute that occurred throughout the year 2000, which was a direct result of the Supreme Court’s decision and clarification. The Globe and Mail and The National Post are the two national newspapers used in this study. The Halifax Chronicle Herald and The New Brunswick Telegraph-Journal are the two provincial newspapers selected. Windspeaker and The Mi ’kmaq Maliseet Nations News are the two Native newspapers being examined in this work. Moreover, this work underscores the similarities and differences in coverage among mainstream media and Native media outlets. March 17, 2006 l Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. ACKNOWLEDGEMENTS I must say, writing a thesis is not an easy task, but the challenges are certainly worthwhile and the rewards are endless as hard work certainly pays off. However, there are a number of people I must thank for their tireless support and understanding while I was undertaking this major project while holding a full time job as a Senior Public Affairs Officer at Saint Mary’s and while doing freelance writing for a number of newspapers and magazines in Canada. Working as a professional in the field of media is something I am passionate about and the key reason why I took on this study which probed how the media — mainstream and alternative — covered the Supreme Court of Canada’s landmark ruling and its clarification involving Donald Marshall Junior and the subsequent conflict that took place at Burnt Church in 2000. The newspaper stories that derived from the high court’s actions in 1999 and the troubles that occurred at Burnt Church a year later were events that I found compelling and the reason why I decided to take on this extensive study. First, I owe a great deal of thanks to my parents, Paul and Louise Fitzgerald, and to my brother and sister, Rob and Candace — all of whom continued telling me over and over with how proud they were to see me take on such a project and graduate with a Master of Arts (MA) Degree from Saint Mary’s. Their loving support is the key reason why I have made it to the finish line and completed such a unique and extensive project. Next, I want to thank my Thesis Committee Members for their time, patience and support while working with me during the writing of this major project. They include: Dr. John Reid (Saint Mary’s University), Dr. Chris McCormick (Saint Mary’s University and St. Thomas University), and Kim Kierans (The University of King’s College). Also, I want Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. to extend many thanks to Dr. Richard Giles (Mohawk College of Applied Arts and Technology) for his time and efforts in reading my paper and offering me beneficial advice. I also want to thank my closest friends who were so supportive of my project. They include Dan Berruti, David Ryan, Boris Mirtchev, Cory Pye, Chris Alders, Kevin Rabjohn, and Chuck Bridges — all of whom took the time to listen and offer their support while I spent hours and days poring over newspaper articles for this work. Again, thanks to everyone for your support; it’s something in which I shall never, ever forget. Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Table of Contents CHAPTER ONE.............................................................................................................................................1 INTRODUCTION...................................................................................................................................... 1 BACKGROUND........................................................................................................................................ 5 Marshall Wins...................................................................................................................................................... 5 SAMPLE AND METHOD OF ANALYSIS..............................................................................................8 Sample: Fishing for News.................................................................................................................................. 8 Methodology: From text to context................................................................................................................12 Scope and Limitations...................................................................................................................................... 13 CHAPTER TWO..........................................................................................................................................15 MAKING SENSE OF THE MEDIA AND EXPLORING THE PRODUCTION OF NEWS.................. 15 The Principles o f Journalism.......................................................................................................................... 15 Baudrillard on the Meaning of Media........................................................................................................... 17 The Factory Model o f News.............................................................................................................................26 News Discovery..................................................................................................................................................27 Links to Sources.................................................................................................................................................28 Time as a Factor in News Making.................................................................................................................. 31 Framing...............................................................................................................................................................32 Economic Influences..........................................................................................................................................34 Conclusion.......................................................................................................................................................... 38 CHAPTER THREE......................................................................................................................................41 DONALD MARSHALL, THE SUPREME COURT AND THE MEDIA................................................41 Reading the Marshall Decision.......................................................................................................................41 Reading
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