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

One person trapped in rollover crash on Malahat

Fuel truck leaking, Trans-Canada Highway expected to be closed until 8 p.m.

A week after he went missing, family, friends and volunteers continue search for Ben Kilmer

Friends and family are now looking in areas north of Highway 18 and towards Lake Cowichan

Cowichan G’n’Tea fundraiser to raise money for seniors programs

The event features gin tasting of handcrafted spirits by local Stillhead Distillery and tea tasting

VIDEO: Local resident asks councillors to improve safety at Lakeview Park beach

There’s no need to offer direct access to the beach, Sandsmark says

Business notes: The prawn rush is on at Mad Dogs Crab Seafood market

The store will be selling the prawns for the next three weeks

VIDEO: Heritage Days 2018 offers family fun

With a Mountie in red serge leading the parade, vintage trucks motor through Lake Cowichan

Vancouver, Squamish pipeline challenges dismissed by court in B.C.

Justice Christopher Grauer ruled the province’s decision to issue the certificate was reasonable

Early learning programs for Indigenous kids get $30M boost

B.C. government to help expand Aboriginal Head Start Association programs with three-year funding

Ferry sailing cancelled after ship’s second officer falls ill

Coastal Inspiration’s 8:15 p.m. sailing to Nanaimo on Tuesday cancelled, passengers to be compensated

B.C. man recounts intense rescue of couple caught in mudslide

Something told Dan Anderson to go back to the scene of a major mudslide on the long weekend.

The priciest home for sale in Canada: A $38M Vancouver penthouse

Canada’s luxury real estate: The top 10 most expensive properties for sale right now

9 temperature records broken across B.C. as warm weather continues

Clearwater, Golden, Williams Lake, Malahat a few of the cities that broke records Wednesday

COLUMN: Stanley Cup final prediction

Upstart Vegas Golden Knights clash with Washington Capitals

Vancouver Island wildfire burning near Campbell River coal mine

The fire is suspected to be human caused at this time

Most Read