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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

COVID-19: SD69 working on how to organize schools for planned fall re-opening

Qualicum School District required to have plan to ministry by Aug. 26

Major injuries averted after three-vehicle crash in Nanoose Bay

Poor road conditions believed a factor in early-morning mishap

Throwback: Parksville Makerspace shows off old Commodore 64 computer

Open house takes place Aug. 8, from 10 a.m. to 3 p.m.

COVID-19: Modified beach volleyball a hit in Parksville

Organizer happy to get popular summer game going

47 British Columbians test positive for COVID-19

That brings the total number of confirmed active cased as of Thursday (Aug. 6) to 371 people

Masks to be mandatory on BC Transit, TransLink starting Aug. 24

Both BC Transit and TransLink made the announcement in separate press releases on Thursday

Acclaimed B.C. actor Brent Carver passes away

Carver, one of Canada’s greatest actors with a career spanning 40 years, passed away at home in Cranbrook

B.C. would not send students back to school if there was ‘overwhelming risk’: Horgan

Plan has left many parents across the province worried about their children’s safety

Canucks blank Wild 3-0, take series lead in penalty-filled NHL qualifying clash

Jacob Markstrom stops 27 shots to lead Vancouver past Minnesota

Tent Island closed due to neglect and abuse from campers

Illegal campfires common on Penelakut Tribe reserve land

North Okanagan man chains himself to tree in protest of construction

Crews began work clearing space for a new facility Thursday, Aug. 6

VIDEO: A B.C business used robots to bring down concrete walls

Walco Industries is the only firm on Vancouver Island to use specialized robots for hydro-demolition

Most Read