Utoo Radio and Other News Sources - April 5, 2024 - Three levels of government are being sued by two men from Winnipeg who were wrongfully convicted of a murder in 1973.
Allan Woodhouse and Brian Anderson, who are now in their 60s, were given life sentences for killing Ting Fong Chan as he left work in downtown Winnipeg more than 50 years ago.
The men from the Pinaymootang First Nation filed a complaint with the Court of King's Bench on Tuesday against Winnipeg, Manitoba, and the lawyers general for both Manitoba and Canada.
According to the court records, they are suing for damages that aren't defined. These damages could include 50 years of freedom, image, privacy, pain, developmental experiences, pleasure of life, and pain and suffering.
Both lawsuits say that racism at all stages is a major aggravating issue.
In the complaints, it is also said that the defendants' actions were "outrageous, cruel, careless, and completely without care or consideration," violated Woodhouse and Anderson's rights, and "took advantage of their weakness" as young Indigenous men.
"Their conduct was done in bad faith, was tortious, violated the moral standards of the community, and calls for the condemnation of this court," the legal papers say.
The courts have not proven any of the claims.
David Lametti, who was Justice Minister at the time, ordered a new trial for the accused in June 2023, but Manitoba crown prosecutors asked for an acquittal.
After Anderson and Woodhouse denied their guilt for fifty years, a judge finally said that they were "unequivocally factually innocent of the murder, there was a miscarriage of justice" and that "individual and systematic racial discrimination dominated in the investigation and prosecution stages." The claims say that on July 22, 1973, Winnipeg Police Service officers arrested Indigenous men Allan, Clarence, and Russell Woodhouse.
Fong's murder was charged against Anderson, who was 18 years old, on July 23, 1973.
In the lawsuit, they say that racism led to their arrests and false admissions.
The lawsuit says that the co-accused lied because they were abused, threatened, called racist slurs, and hit.
Anderson, Allan, and Clarence Woodhouse were found guilty of murder. Russell Woodhouse was given a 10-year sentence for manslaughter.
In 1974, only the accused and co-accused's false confessions were shown.
They tried to appeal in 1974, but failed. Later that year, Anderson was not allowed to appeal to the Supreme Court.
Anderson and Allan Woodhouse were given release in 1987 and 1990, respectively.
Clarence Woodhouse was freed on bail in October 2023. Their brother Russell passed away in 2011.
Anderson and Woodhouse's claims say that WPS didn't do a full and fair probe, spread unfair ideas, and didn't offer an Objibwe/Sauteaux interpreter, which is their first language.
They also say that the police didn't look into the men's forced confessions and arrested and questioned them even though they knew there were "no reasonable or probable causes" to do so.
The claims in both say that George Dangerfield, a former prosecutor in Manitoba, "knowingly or recklessly engaged in conduct in violation of his ethical duties as an officer of the court."
According to the complaints, Dangerfield also "perpetuated racist stereotypes," had a "win-at-all-costs attitude," and didn't show important proof during trials.
The cases say that the state and the attorneys general are to blame for what Dangerfield did.
The case says that Canada did not treat Indigenous peoples fairly and properly and did not deal with and look into claims of unfair convictions quickly enough.
It didn't protect their rights under the Charter.
The suspects haven't answered yet.
The people in charge in Winnipeg said, "The City has no comment to provide while the matter is before the courts."
Representatives from the province replied, "It would not be appropriate to comment on matters before the court."
It said in an email that "counsel for the Attorney General of Canada are reviewing and will respond in due course."
