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Manitoba

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

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

Brian Anderson and Allan Woodhouse were convicted of murder in 1974

A man looks out a window.
Brian Anderson is one of two men who will be receiving a (Walther Bernal/CBC)

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 forboth 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 ofTing 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, saidthat 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 Woodhousewas 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, andRussell Woodhouse was found guilty of manslaughter.

The release stated the decision to order a new trial is not a declarationabout 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.

With files from the Canadian Press