For the first time in Canada, the Minister of Justice and Attorney General of Canada has ordered a new appeal following a post-mortem conviction review in the case of Russell Woodhouse. After an in-depth review, the Minister found reasonable grounds to conclude that a miscarriage of justice likely occurred in Mr. Woodhouse's 1974 conviction. The order returns the case to the courts for the new information to be considered.
Mr. Woodhouse was convicted of manslaughter in the death of a Winnipeg man and sentenced to 10 years in prison. His co-accused, Allan Woodhouse, Clarence Woodhouse, and Brian Anderson were tried and convicted of murder in the same case. All four men were from Pinaymootang First Nation. In 2023, Mr. Woodhouse's sister, Linda Anderson, applied for a conviction review with the support of Innocence Canada. Mr. Woodhouse passed away in 2011, but his family continued to pursue the case on his behalf.
This marks the first time a post-mortem conviction review has resulted in a remedy under the Criminal Code. The Minister is exercising an authority that has long existed in law to review potential miscarriages of justice and continues to carry on this responsibility until the new system is in place. In 2024, the Government of Canada created the independent Miscarriage of Justice Review Commission, which is being established to take on this role. Based in Winnipeg, the Commission will review and decide on cases of potential wrongful convictions under the new process.
