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

WATCH: Brother of missing Hope woman makes emotional appeal for more media attention

Next search for Shawnee Inyallie Nov. 18 along Highway 1 towards Boston Bar

Gas price drop expected to hit Fraser Valley today

Analyst says to take advantage, warns slight increase may follow

Chilliwack teen to take on the world after winning Canadian junior dog-handling national championship

Chilliwack’s Kayla Penney is heading to Crufts to compete for her first international title

Country talent Petunia returns to Bozzini’s in Chilliwack Saturday

Petunia, performing Nov. 17, is referred to as ‘The Savior of Country Music’

VIDEO: People with diabetes meet their alert dogs

A diabetic alert dog is trained to detect low blood sugar in people who have Type 1 diabetes

Hunter who saved B.C. man pinned inside smashed truck says ‘God was sending me to him’

Sayward man describes chance discovery of Duncan Moffat, 23, in northern Vancouver Island woods

Road-weary Canucks thumped 6-2 by Wild

Vancouver hosts the Montreal Canadiens on Saturday

Toronto private school didn’t report alleged sexual assault to police

Police say a sexual assault at an all-boys Catholic institution was not reported to them

China says butt out; Canada calls for release of “arbitrarily” detained Muslims

A Chinese foreign ministry spokeswoman accused Canada’s envoy of going beyond their diplomatic roles

Dead Saskatoon tattoo artist’s skin removed and preserved

The skin was removed in honour of the well known artist’s work

Metro Vancouver mayors cancel Surrey LRT in favour of SkyTrain

TransLink will immediately suspend work on light rail

Lower Mainland couple missing in Thompson-Okanagan area

Barriere RCMP received a missing persons report for two senior overdue travellers

Vancouver Warriors cancel first 2 weeks of season as labour dispute continues

The announcement means games scheduled for Dec. 1 and Dec. 8 will no longer be played

Most Read