Manitoba denies responsibility in Allan Woodhouse and Brian Anderson cases

The provincial government and the City of Winnipeg blame each other in the civil lawsuits filed by Brian Anderson and Allan Woodhouse. The two Aboriginal men were wrongly convicted of the murder of Ting Fong Chan in 1974.

Allan Woodhouse and Brian Anderson launched proceedings against all three levels of government in April 2024. They say police colluded with George Dangerfield, the crown prosecutor at the time of the case, to present false evidence in court.

The allegations have not been proven in court.

The conviction for the murder of Ting Fong Chan was based almost exclusively on confessions obtained by the police. In their lawsuits, the two men allege that this false confession was extracted from police through illegal means, including intimidation, violence and threats.

Following the acquittal of both men in 2023, Crown prosecutor Michelle Jules said the confessions were false.

The two acquitted add that prosecutor George Dangerfield knew the prosecution was based on false confessions. They accuse police and prosecutors of exploiting their vulnerabilities as young Indigenous men and basing their prosecutions on stereotypes and racism rather than hard evidence.

The province defends itself

In court documents filed last week, the province acknowledges that Brian Anderson and Allan Woodhouse were victims of a miscarriage of justice. However, she says the Crown prosecutor relied on the investigation and evidence collected by Winnipeg police.

The prosecution was based on the confession obtained by WPS [le Service de police de Winnipeg] that there were reasonable and probable grounds, at the time, that the complainant had been involved in Chan’s death.

According to the Manitoba government, the prosecutor did not know the confession was biased. It was the role of the federal court system to determine whether the confession was voluntary and accuratementions the province in court documents.

For its part, the City denies any accusation of negligent investigation. In his eyes, the wrongful conviction of the two men is solely attributable to the Crown prosecutor.

The police are not responsible for the conviction and prolonged incarcerationsays the City of Winnipeg in court documents.

The City of Winnipeg also says the accusation of a conspiracy between police and prosecutor Dangerfield to convict four Indigenous men is unbearable at first glance.

Indeed, two other men were also found guilty of Mr. Chan’s death. Clarence Woodhouse was released on bail last year pending a decision by the federal justice minister to overturn his conviction. Russell Woodhouse was convicted of manslaughter; he died in 2011.

In its defense, however, the City recognizes the role that racism against Indigenous people has played in the Canadian justice system.

For his part, the Minister of Justice, Matt Wiebe, says he is in discussions with Brian Anderson and Allan Woodhouse to repair this damage. We can never return the past that was stolen from these people, but we can take steps to move forward by trying to do the right thingdeclared the minister.

The City and the province also filed a cross-claim. If the Court awards damages to the plaintiffs, both levels of government believe they should not be responsible for payment.