Minister of Justice orders new trial in Manitoba case following conviction review

OTTAWA, ON, July 2, 2024 /CNW/ - A fair and impartial criminal justice system is one that protects communities and respects the needs of victims while guarding against potential miscarriages of justice.

The Honourable Arif Virani, Minister of Justice and Attorney General of Canada, announced today that, following an extensive review, he has ordered a new trial for Mr. Clarence Woodhouse under the conviction review provisions of the Criminal Code.

The Minister of Justice has determined that there are reasonable grounds to conclude that a miscarriage of justice likely occurred. This is the result of the identification of new information that was not before the courts at the time of Mr. Woodhouse's trial or appeal. The Minister's decision to order a new trial is not a decision about the guilt or innocence of the applicant. It is a decision to return the matter to the courts where the relevant legal issues may be determined according to the law.

In 1974, Mr. Clarence Woodhouse, Mr. Allan Woodhouse, and Mr. Brian Anderson were tried and convicted of murder in the death of a Winnipeg man. All three First Nations men were sentenced to life imprisonment with no eligibility for parole for ten years. On November 8, 1974, the Manitoba Court of Appeal dismissed an appeal made by Mr. Clarence Woodhouse. He was first granted parole in 1983, after nearly 10 years in custody. In September 2023, Mr. Clarence Woodhouse submitted an application for criminal conviction review.

Quote

"An equitable justice system must consider the needs of victims while safeguarding against potential miscarriages of justice. All people in Canada should have confidence that the criminal conviction process is fair and that due process is followed. After a thorough review of Mr. Woodhouse's case, I have determined that there are reasonable grounds to conclude that a miscarriage of justice likely occurred and that a new trial should be ordered."

The Honourable Arif Virani, P.C., M.P.
Minister of Justice and Attorney General of Canada

Quick Facts

• Before deciding to order a new trial or appeal, the Minister of Justice must be satisfied that there is a reasonable basis to conclude that a miscarriage of justice likely occurred. This determination involves a close examination of information initially submitted in support of the application, followed by an in-depth investigation. A key consideration is whether the application is supported by new matters of significance, such as new information that has surfaced since the trial and appeal.
• Section 696.1 of the Criminal Code provides that a person who has been convicted of an offence and who has exhausted all rights of appeal may apply to the Minister of Justice for a review of their conviction.
• The Criminal Conviction Review Group of the Department of Justice conducts an investigation on behalf of the Minister of Justice. The Minister can order a new trial or appeal if satisfied that a miscarriage of justice likely occurred.
• Additional information about the role of the Minister of Justice in the current criminal conviction review process in Canada can be found at the following link: Criminal Conviction Review Process.
• On February 16, 2023, the Minister of Justice and Attorney General of Canada introduced Bill C-40 (Miscarriage of Justice Review Commission Act (David and Joyce Milgaard's Law)) to amend to the Criminal Code to establish an independent commission to review, investigate, and decide which criminal cases should be returned to the justice system due to a potential miscarriage of justice. The Bill passed third reading in the House of Commons on June 19, 2024, and is now at second reading in the Senate.

Associated Links

• Department of Justice: Criminal Conviction Review
• Regulations Respecting Applications for Ministerial Review — Miscarriages of Justice

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SOURCE Department of Justice Canada

For more information, media may contact: Chantalle Aubertin, Deputy Director, Communications, Office of the Minister of Justice and Attorney General of Canada, 613-992-6568, [email protected]; Media Relations, Department of Justice Canada, 613-957-4207, [email protected]