Federal justice minister orders new trial for two convicted in 1973 Winnipeg murder

Canada's justice minister has ordered a new trial for two Indigenous men who were convicted of murder in Manitoba in 1974, a news release from the country's Department of Justice said Thursday. 

Justice Minister David Lametti has ordered a new trial for both Brian Anderson and Allan Woodhouse, who were convicted of murder in the 1973 death of a 40-year-old chef. Thursday's release said the minister has determined that there is a reasonable basis to conclude that a miscarriage of justice likely occurred. 

Anderson and Woodhouse were found guilty of murder in the death of Ting Fong Chan in 1974. Chan, who was a also father of two, was beaten and stabbed to death near a downtown construction site on July 17, 1973.

Innocence Canada, an organization that supported the convictions being quashed, said in a statement the two men were the victims of systemic racism.

James Lockyer, a director with Innocence Canada who helped on the case, said that the organization is looking forward to discussing how provincial and federal governments can right the wrongs done by the criminal justice system to Indigenous Peoples.

"Their cases raise important systemic issues that need to be addressed in Manitoba and across Canada," Lockyer said in the statement.

The pair were sentenced to life in prison with no chance of parole for ten years. Their appeals to the Manitoba Court of Appeal were dismissed on Nov. 8, 1974 the release said.

Anderson was denied leave to appeal to the Supreme Court of Canada in 1975. He was released on parole in 1987 and Woodhouse was release on parole in 1990, the release said. 

Anderson and Woodhouse submitted applications for criminal conviction review in 2019 and 2020 respectively, Thursday's release added.

Another man, Clarence Woodhouse, was found guilty of murder in the same trial, and Russell Woodhouse was found guilty of manslaughter.

The release stated the decision to order a new trial is not a declaration about the guilt or innocence of the applicants, but rather a decision to return the matter to the courts where the relevant legal issues may be determined.