Wrongful conviction award for B.C. man capped at $8 million

The B.C. Court of Appeal dismissed appeal from Ivan Henry

The B.C. Court of Appeal says the provincial government will not have to pay the full $8 million in compensation awarded to a man who spent 27 years in prison before he was acquitted of sexual assault.

A B.C. Supreme Court judge granted Ivan Henry the award last year, saying the Crown wrongfully withheld relevant information in a “shocking disregard” for his rights.

Henry was convicted of 10 counts of sexual assault in 1983 and was given an indefinite sentence before he was released on appeal and then acquitted of the charges in 2010.

Henry had settled out of court in a damage claim against the City of Vancouver and the federal government for $5.1 million, with the lower court judge ruling the money should be deducted from the damage award against the province.

Henry appealed the decision, saying the award of constitutional damages was for more than compensation and included damages for vindication and deterrence.

But an Appeal Court panel of three judges unanimously disagreed and said requiring the province to pay the entire $8 million settlement on top of the $5.1 million would have constituted a double recovery for Henry.

“He would receive an additional sum in the millions of dollars, which would not be fair to the state,” Justice David Tysoe says in the written ruling released Monday.

The court says additional awards against the city and the federal government for vindication and deterrence weren’t necessary.

The lower court decision said the Crown in Henry’s original trial made an intentional decision not to disclose information relevant to his case, including that Vancouver police had more than one suspect for the sexual assaults.

The Canadian Press

Just Posted

BC Farmers’ Market Trail a one-stop virtual guide to the goods

New website assembles, profiles 145+ farmers’ markets throughout B.C.

Swimmer halts journey across Strait of Juan de Fuca after hypothermia sets in

Susan Simmons swam for eight-and-a-half hours in 9 C choppy waters

Westshore Rebels game postponed due to poor air quality conditions

Games expected to continue the following week

Saanich police investigating sexual assault in broad daylight

Social media lit up with accusations incident took place at Regina Park tent city

Opposing views clash over removal of Royal Oak Golf Course from ALR

Golf course not ideal for farming, says report

Canadians fear for relatives trapped amid flooding in Indian state of Kerala

More than 800,000people have been displaced by floods and landslides

IndyCar driver Wickens flown to hospital after scary crash

IndyCar said Wickens was awake and alert as he was taken to a hospital

Ex-BCTF president ‘undeterred’ after early release from pipeline protest jail term

Susan Lambert and Order of Canada recipient Jean Swanson released early

Fast food chains look to capitalize on vegetarian, vegan trend with new items

Seven per cent of Canadians consider themselves vegetarians and 2.3 per cent identify as vegans

A taste of Greece comes to Victoria

Greek Fest runs Aug. 24 to 26 and Aug. 31 to Sept. 3 at the Greek Community Centre

‘Hard on water:’ Smoke not the only long-range effect of wildfires

The project began more than 10 years ago after southern Alberta’s 2003 Lost Creek fire

B.C. VIEWS: Genuine aboriginal rights are misused and discredited

Camp Cloud one of long line of protests falsely asserting title

Prime Minister Justin Trudeau to march in Montreal’s Pride parade

Trudeau will end the day in his home riding of Papineau

Most Read