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