Another conviction quashed in 1973 slaying

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This article was published 02/07/2024 (461 days ago), so information in it may no longer be current.

A third Indigenous man convicted of a slaying in Winnipeg in 1974 has had the judgment quashed.

Federal Justice Minister Arif Virani announced Tuesday that Clarence Woodhouse’s conviction has been voided under a section of the Criminal Code that allows the federal attorney general to review claims of wrongful conviction.

“I’m very happy for Mr. Woodhouse,” Innocence Canada lawyer James Lockyer said.

“I spoke with him, and he is very happy. We will now get a date (for a new trial) in (Court of) King’s Bench. We expect the Crown will offer no evidence, like they did last time for Brian Anderson and Allan Woodhouse.

Lockyer said he has advised Clarence Woodhouse not to speak to the media about his case until it is over. He speaks Saulteaux and knows little English.

“Innocence Canada is privileged to have been able to help Mr. Woodhouse,” Lockyer said.

Jerome Kennedy, another Innocence Canada director who worked on Woodhouse’s case, said, “This is a great day for Clarence Woodhouse.

“Fifty-one years has been an interminable wait for him. We never doubted his innocence. The minister’s decision today is very welcome.”

A federal government news release stated “the minister’s decision to order a new trial is not a decision about the guilt or innocence of the applicant. It is a decision to return the matter to the courts, where the relevant legal issues may be determined according to the law.”

Another trial is very unlikely. Ottawa quashed the convictions of Anderson and Allan Woodhouse (not related to Clarence) for the same murder in June 2023. Manitoba Justice elected to register a formal acquittal and declare both men factually innocent the next month.

Ting Fong Chan, a 40-year-old father of two, was brutally beaten and stabbed while walking home from his job as a chef on July 17, 1973.

Anderson and Allan Woodhouse, then 18 and 17 respectively, were part of a group of four First Nations men city police charged with the killing. They were convicted by an all-white jury. The two men were sentenced to life in prison with no possibility of parole for 10 years. Both are members of Pinaymootang First Nation, formerly known as Fairford.

Innocence Canada, a non-profit organization that advocates for the wrongly convicted, argued systemic racism contributed to the decision to charge the four men. They were convicted on the basis of signed confessions despite clear evidence that not all of the men spoke English and testimony that police beat the suspects to get their signatures.

Allan Woodhouse served 23 years before he was granted full parole in 1990. Anderson served 10 years before being granted full parole in 1983. The two men have always maintained their innocence.

At the time of their acquittal, lawyers from Innocence Canada were unable to find Clarence Woodhouse. Lockyer said relatives of Clarence came forward and told him where he was. Innocence Canada then applied to have the conviction overturned.

Clarence Woodhouse was released on parole in 1987 but was recently incarcerated on unrelated charges.

He was released on bail in October and is living in Winnipeg with his son and grandchildren.

Innocence Canada expects a hearing to be held later this year to formally acquit Clarence Woodhouse and declare him innocent.

Russell Woodhouse, Clarence’s brother and the fourth man convicted of the killing, died in 2011. Innocence Canada has asked Ottawa to posthumously quash his conviction so that he, too, can be declared innocent.

“It is in process, and it is moving along,” Lockyer said. “Understandably, the minister is not moving on it as quickly as with Clarence’s case because Clarence was on bail.”

dan.lett@freepress.mb.ca

kevin.rollason@freepress.mb.ca

Dan Lett
Columnist

Born and raised in and around Toronto, Dan Lett came to Winnipeg in 1986, less than a year out of journalism school with a lifelong dream to be a newspaper reporter.

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Kevin Rollason
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Whether it is covering city hall, the law courts, or general reporting, Kevin can be counted on to not only answer the 5 Ws — Who, What, When, Where and Why — but to do it in an interesting and accessible way for readers.

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