Virani orders new trial in 50-year-old Manitoba murder conviction, citing likely miscarriage of justice

By Cristin Schmitz ·

Law360 Canada (July 2, 2024, 4:42 PM EDT) -- Federal Justice Minister Arif Virani has ordered a new trial for Clarence Woodhouse after determining a miscarriage of justice likely happened in 1974 when Woodhouse and two other Indigenous men were tried and convicted of murdering a Winnipeg man.

 “Following an extensive review,” pursuant to the s. 696.1 conviction review provisions of the Criminal Code. Virani announced in a July 2 news release, that “there are reasonable grounds to conclude that a miscarriage of justice likely occurred,” in light of new information that was not before the courts in 1974 when Woodhouse was tried and his appeal was dismissed by the Manitoba Court of Appeal.

Federal Justice Minister Arif Virani

Federal Justice Minister Arif Virani

Subsection 696.1 of the Code provides that a person who has been convicted of an offence and who has exhausted all rights of appeal may apply to the federal minister of justice for a review of their conviction.

Woodhouse, Allan Woodhouse and Brian Anderson were convicted of a single count of non-capital murder in the 1973 fatal beating and stabbing death of Ting Fong Chan.

On June 22, 2023, David Lametti, Virani’s predecessor as justice minister, also ordered a new trial for Anderson and Allan Woodhouse due to the identification of new evidence.

Innocence Canada, which advocates against and seeks to rectify wrongful convictions, said the accused were victims of systemic racism.

All three First Nations men were sentenced to life imprisonment with no eligibility for parole for 10 years. Clarence Woodhouse was first granted parole in 1983, after nearly 10 years in custody. In September 2023, he applied to the justice minister to have his murder conviction reviewed.

The criminal conviction review group in the federal Department of Justice conducts in-depth investigations on behalf of the minister of justice.

However, on Feb. 16, 2023, Virani introduced Criminal Code amendments that would create an independent commission to review, investigate and decide which criminal cases should be returned to the justice system due to a potential miscarriage of justice. Bill C-40 is at the second reading stage in the Senate after being approved by the House of Commons on June 19, 2024.

If you have any information, story ideas or news tips for Law360 Canada, please contact Cristin Schmitz at cristin.schmitz@lexisnexis.ca or call 613-820-2794.