‘Miscarriage of justice likely occurred’: man convicted in 1973 murder released on bail
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Hey there, time traveller!
This article was published 23/10/2023 (1015 days ago), so information in it may no longer be current.
An Indigenous man convicted of murder nearly 50 years ago was granted bail Monday, pending a federal review of the case his lawyers say is a wrongful conviction.
Clarence Woodhouse, 72, sat next to a Saulteaux interpreter in a Winnipeg courtroom as King’s Bench Justice Joan McKelvey announced her decision, with conditions.
The Crown consented to the release.
Woodhouse, wearing a blue collared shirt, looked back and forth between the interpreter, the judge and his family members. “Yes,” he said when asked if he understood the judge’s words.
On the steps of the courthouse, Linda Anderson said she cried when she saw her brother in court. She said she is excited to give him a hug, enjoy a cup of tea and just have him “come back home.”
JOHN WOODS / WINNIPEG FREE PRESS Jerome Kennedy, left, and James Lockyer, right, lawyers with Innocence Canada, speak about the bail hearing of Clarence Woodhouse outside the Manitoba law courts in Winnipeg.
Anderson said it was “as if they died,” when her two brothers were convicted in the July 17, 1973, stabbing murder of Ting Fong Chan in Winnipeg.
Woodhouse’s brother Russell was convicted of manslaughter in the same case. Russell has since died and another brother recently died, too, Anderson said. “It’s just me and Clarence now.”
In March 1974, Clarence Woodhouse, Russell Woodhouse, Brian Anderson and Allan (A.J.) Woodhouse — all from Pinaymootang First Nation — were convicted of the slaying of the 40-year-old restaurant worker and father.
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The four men had long-proclaimed their innocence, saying they were assaulted by Winnipeg police officers and forced to sign false confessions in English — a language none were fluent in.
In an emotional proceeding three months ago, King’s Bench Chief Justice Glenn Joyal exonerated Anderson and A.J. Woodhouse. He apologized to the men, calling them “heroes.”
Innocence Canada, a non-profit that advocates on behalf of the wrongfully convicted, was previously unable to locate Clarence Woodhouse. Lawyers were since able to track him down through family.
SUPPLIED PHOTO Clarence Woodhouse
Woodhouse had been out on parole since 1987, but was sent back to prison after recent criminal charges. McKelvey ordered a publication ban on the details of those charges.
Innocence Canada filed an application Sept. 13 with federal Justice Minister Arif Virani for a ministerial review of Clarence Woodhouse’s conviction and a posthumous application on Russell Woodhouse’s behalf.
Virani has the power to order a new trial in the case, as did his predecessor, David Lametti, earlier this year for Anderson and A.J. Woodhouse.
In court, Crown attorney Michele Jules referenced the ongoing review when explaining why she consented to the bail release.
“It is reasonable for the minister to find that a miscarriage of justice likely occurred,” Jules said, noting a new trial would likely follow.
McKelvey said she had read the details of Woodhouse’s case and his release was appropriate “in the circumstances.” Conditions include residing with his son, not owning weapons and agreeing to attend court.
There was some tension in court as lawyers representing Woodhouse argued he should be allowed to immediately leave court with family members.
Innocence Canada founding director James Lockyer said returning him to custody for processing was “unreasonable” and his family “wants to take him home.” They were later satisfied with the court returning Woodhouse to custody but taking him directly to his son’s home later Monday.
Outside court, Anderson told reporters he was happy to see his cousin released. “It’s finally happening.”
Anderson said it’s a “relief” to no longer have a murder conviction hanging over his own head.
“Overall, it’s a very good day, we’re very pleased,” said Jerome Kennedy, a lawyer with Innocence Canada, speaking to reporters on the courthouse steps. “The fact today that he was released is the first step in the process (of acquittal).”
MIKAELA MACKENZIE / WINNIPEG FREE PRESS FILES Allan (A.J.) Woodhouse (left) and Brian Anderson in July 2023 after leaving the Law Courts as free men.
Kennedy said his client was the victim of systemic racism “at all levels of the criminal justice system.”
Institutional issues, combined with false confessions and the involvement of a Crown prosecutor now known for involvement in multiple wrongful convictions, “caused” a miscarriage of justice, Kennedy said.
The Crown attorney who prosecuted the 1974 case is George Dangerfield, who served as the Crown in four other Manitoba murder convictions since deemed wrongful convictions.
Thomas Sophonow, James Driskell, Kyle Unger and Frank Ostrowski collectively spent dozens of years in prison for crimes they didn’t commit.
Kennedy reiterated an offer Innocence Canada made in July: helping the Manitoba government review past convictions of Indigenous offenders which might be wrongful convictions.
“We know they’re out there,” he said.
katrina.clarke@freepress.mb.ca
Katrina Clarke
Investigative reporter
Katrina Clarke is an investigative reporter at the Winnipeg Free Press. Katrina holds a bachelor’s degree in politics from Queen’s University and a master’s degree in journalism from Western University. She has worked at newspapers across Canada, including the National Post and the Toronto Star. She joined the Free Press in 2022. Read more about Katrina.
Every piece of reporting Katrina produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press‘s tradition, since 1872, of producing reliable independent journalism. Read more about Free Press’s history and mandate, and learn how our newsroom operates.
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History
Updated on Monday, October 23, 2023 7:53 PM CDT: Adds photo
