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 David Lametti, Minister of Justice and Attorney General of Canada, announced today that, following an extensive review, he has ordered a new trial for Mr. Brian Anderson and Mr. Allan Woodhouse under the conviction review provisions of the Criminal Code.
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.
The Minister has determined that there is a reasonable basis 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. Anderson and Mr. Woodhouse's trials or appeals. The Minister's decision to order a new trial is not a decision about the guilt or innocence of the applicants. 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. Anderson and Mr. Woodhouse, both Indigenous men, were convicted of a single count of non-capital murder and sentenced to life imprisonment with no eligibility for parole for ten years. Their appeals to the Manitoba Court of Appeal were dismissed on November 8, 1974. In 1975, Mr. Anderson sought and was denied leave to appeal to the Supreme Court of Canada. Mr. Anderson was released on parole in 1987 and Mr. Woodhouse in 1990. Mr. Anderson and Mr. Woodhouse submitted applications for criminal conviction review in 2019 and 2020, respectively.
