Police to blame for wrongful convictions in 1973 killing, not Manitoba prosecutors: province

The Manitoba government says it's not responsible for the convictions of two First Nations men who were later exonerated in a 1973 killing and have launched lawsuits related to their convictions.

The prosecution of Brian Anderson and Allan Woodhouse was based on false confessions provided by Winnipeg police, and Crown prosecutors were not at fault, according to statements of defence filed on Tuesday by the province and Manitoba's attorney general.

The men from Pinaymootang First Nation were acquitted in 2023 for the 1973 murder of Ting Fong Chan in Winnipeg. Clarence Woodhouse, also convicted in the murder, was also exonerated a few months after.

All three men received life sentences in 1974 for the killing.

Anderson and Allan Woodhouse served about 11 and 23 years in prison, respectively, before being released on parole. Clarence Woodhouse spent 12 years behind bars before being granted parole.

Last year, Anderson and Allan Woodhouse launched lawsuits alleging that Winnipeg police and the Crown colluded against them in their trial. They allege confessions they were coerced into signing were the only evidence used to convict them.

The lawsuits claim the attorney who prosecuted them knew evidence he presented was false.

The province's statements of defence say the Crown carried on with the prosecution with the understanding the confessions were lawfully obtained.

Winnipeg police conducted the investigation, and the statements of defence allege they suppressed evidence, provided incomplete or inaccurate witness statements, and failed to investigate the accused men's alibis.

"The prosecuting Crown attorneys relied upon the information, records, evidence and other disclosure given to them" by the Winnipeg Police Service, the statements of defence say.

City vicariously liable: province

The province has launched cross-claims against the City of Winnipeg, as well as the federal attorney general, both named as co-defendants in Anderson and Woodhouse's lawsuits.

The province says the city is vicariously responsible for the actions of police.

Statements of defence filed by the federal government and the city last May denied fault.

The city — which has its own cross-claim against the province — said the Crown was ultimately responsible for the criminal prosecution, and that police had no control over it.

The attorney general of Canada's statement of defence denies the federal government had any control over those responsible investigating or prosecuting the murder.

It also denies claims Canada violated the men's Charter rights, saying the men had to be incarcerated in a federal institution because of the length of their sentences.