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

Chilliwack Chiefs lose Kevin Wall to suspension

The team’s leading scorer was tagged with his second major of the season Sunday and sits four games.

Man charged with attempted murder in Chilliwack River Valley deemed mentally unfit

Father says son has schizophrenia; Law professor say too many with mental illness in jail

Four chances to see Chilliwack Symphony Orchestra’s Messiah in the Valley

Chilliwack Symphony Orchestra brings Handels’ Messiah to Chilliwack, Abbotsford, Langley, Aldergrove

United churches come together to share warmth in Chilliwack

Members of Rosedale, Chilliwack and Mt. Shannon united churches donate 100 care packages to homeless

Lots of laughs at Bozzini’s holiday concert in Chilliwack

Double bill performance features rock n’ roll duo Kitty & the Rooster, cabaret musician Shirley Gnome

Lawyer for Chinese exec detained by Canada says it’s ‘inconceivable’ she would flee

Meng Wanzhou was detained at the request of the U.S. during a layover at the Vancouver airport

5 to start your day

Man charged with attempted murder in Chilliwack River Valley deemed mentally unfit, Surrey man’s death prompts call for change and more

BCHL player lifts Canada West to second win at World Junior A Challenge

Chilliwack Chiefs player has a a three-point performance

Well-known B.C. snowmobile guide killed in rollover accident

Shuswap sledding communty mourns loss of experienced Sicamous snowmobiler

B.C.’s skyrocketing real estate market will ‘correct’ in 2019: analyst

Housing prices in Vancouver are set to rise just 0.6 per cent

Climate change, receding glaciers increase landslide risk on B.C.’s Mount Meager

Climate change is causing glaciers atop Mount Meager, in British Columbia, to shrink increasing the chances of landslides and even a new eruption, says one expert.

UK’s May lobbies EU leaders in fight to save Brexit deal

Top European Union officials ruled out Tuesday any renegotiation of the divorce agreement with Britain.

Former Canadian diplomat detained in China amid rising tensions: reports

A former Canadian diplomat has been arrested in China, according to media reports and the international think tank he works for.

Snowfall warning issued for Coquihalla, Highway 3

Environment Canada says up to 25 cm expected by Monday night

Most Read