City, province, Ottawa reach settlement with First Nations men wrongly convicted in 1973 slaying

The city, province and federal governments have reached a settlement with three First Nations men wrongfully convicted of the 1973 slaying of a restaurant worker.

Allan Woodhouse and Brian Anderson were formally acquitted of the 1973 slaying of Ting Fong Chan in 2023 and filed lawsuits in the Court of King’s Bench the following year.

Clarence Woodhouse, who was formally acquitted of the killing in October 2024, filed his lawsuit last February. A fourth convicted man, Russell Woodhouse, died more than a decade ago.

All four men were members of Pinaymootang First Nation in the Interlake.

The three lawsuits were discontinued in late November, court records show. None of the parties would comment Friday on the terms of the confidential deal that was reached.

Lawyers for the governments and the wrongfully convicted men met for confidential mediation in front of King’s Bench Justice Ken Champagne last summer in an attempt to settle the matter rather than go to trial.

In October, the city’s legal department made public a proposal for Winnipeg to pay $7 million for its part of the settlement, which was approved by city council later that month. The department’s report to council indicated the lawsuits would be discontinued if a settlement was inked.

It’s unclear how much money the province and Ottawa have contributed.

Manitoba Justice Minister Matt Wiebe said the matter was settled to the satisfaction of all involved.

“What happened was a miscarriage of justice. No one can give them back the years that were lost but we hope the settlement brings some closure,” Wiebe said in a statement, adding he apologized to the men at the legislature in October 2024 on behalf of the province.

Ian McLeod, a spokesman for the federal Department of Justice, would not comment.

“The matter was settled and is confidential,” he said.

City spokesman Kalen Qually also declined comment on the settlement and pointed to the legal department’s report from the fall.

The men are represented by lawyers from Innocence Canada — a non-profit organization that identifies and advocates for the wrongfully convicted — including James Lockyer, who spent years advocating and arguing their convictions were miscarriages of justice.

Lockyer also declined a request for comment Friday.

In 1974, the three living men — all charged with murder — and Russell Woodhouse, who was charged with manslaughter, were convicted in the 1973 slaying of Chan, a 40-year-old father of two, in the Exchange District the previous year.

The charges were laid based on questionable eyewitness testimony and full confessions police claimed had been written by the accused men despite all four having a poor grasp of English.

They testified that Winnipeg police officers beat them during interviews, but the judge refused to believe them.

The cases were prosecuted by Crown attorney George Dangerfield, who was involved in multiple wrongful murder convictions. He died in 2023.

The claims against the three levels of government alleged misfeasance in public office, false arrest, false imprisonment, conspiracy, negligent investigation, malicious prosecution, constitutional and human-rights violations and breaches of statutory duties.

Anderson served 10 years behind bars, Clarence Woodhouse spent 12 years in prison and Allan Woodhouse served 23, before they were declared innocent. Russell Woodhouse also served time; he died of cancer in 2011.

Federal Justice Minister Sean Fraser ordered Manitoba’s highest court to review Russell Woodhouse’s conviction last month. A notice was filed in court in October, but the Court of Appeal has not yet heard the matter.

It’s the first time a federal attorney general has asked for a judicial review after the death of an applicant.

erik.pindera@freepress.mb.ca