City of Winnipeg says province to blame for wrongful convictions in 1973 killing

The City of Winnipeg says the Manitoba government is wrong to blame its police service for the 1974 convictions of two First Nations men who have since had their names cleared, alleging the decision to prosecute them was ultimately the province's.

In a statement of defence filed with the Court of King's Bench Wednesday, the city claims the Crown is legally responsible for failing to disclose evidence in the prosecution of Brian Anderson and Allan Woodhouse.

Anderson, Woodhouse and two other young men from Pinaymootang First Nation in Manitoba's Interlake area were convicted in the 1973 killing of Ting Fong Chan.

Anderson and Woodhouse were exonerated in July 2023, followed by Clarence Woodhouse in October 2023, when Manitoba Court of King's Bench Chief Justice Glenn Joyal apologized for a case he described as being "infected" by systemic racism.

All three men had 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.

Clarence's brother, Russell, died in 2011 and remains the only person who hasn't been acquitted in the case. His family is currently awaiting a decision from the federal justice minister that could see him posthumously exonerated.

The City of Winnipeg, the Manitoba government and the federal attorney general are all named in lawsuits launched by Anderson and Allan Woodhouse.

The province — which has launched its own lawsuits against its co-defendants — claims in statements of defence filed earlier this year that the prosecution was based on false confessions provided by the Winnipeg Police Service, and that the Crown proceeded with the understanding the confessions were lawfully obtained.

The city has its own counter-claim against the province. It denied all of the government's allegations in Thursday's statements of defence.

"The conduct of the WPS and its members was, at all material times including the trial of the plaintiff, ethical, professional and reasonable," the city said, adding that police complied with the legal disclosure requirements in place at the time.

"The actions of the WPS were lawful at all material times," it said.

Allan Woodhouse and Anderson allege in their lawsuits the Crown and Winnipeg police colluded against them in the trial.

The men claim police officers coerced them into signing confessions that were used to convict them and that George Dangerfield —  the lawyer who prosecuted them — knew they were false.

None of the allegations have been proven in court.