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

New funding opens for industry innovation

Northern Development Initiative Trust opened new funds, focused on areas impacted by the pine beetle

Former resident wins filmmaking award

Veronika Kurz will be able to make her film with $15,000 cash and in-kind services, up to $100,000

Cross country ski club breaks membership record

They glided into a new record thanks to the early-season start

Terrace River Kings win CIHL regular season

The boys held a strong enough lead in points to claim the banner after a 15-2 win Saturday

Terrace residents discuss poverty at provincial engagement meeting

80 people were there as well as the Minister of Social Development and Poverty Reduction

VIDEO: Orcas put on a show near Hornby Island

Louis Jobodin shares photos and video of his experience

Bank of Canada hikes interest rate to 1.25%, cites strong economic data

The rate increase is expected to prompt Canada’s large banks to raise their prime lending rates

Trump aces mental aptitude test designed by Canadian immigrant

“This is a good example, I think, that will be helpful to change views about immigration. And maybe for Mr. Trump himself to consider immigrants as contributors to advancing science, advancing our societies.”

Rival Koreas agree to form first unified Olympic team

The rival Koreas took major steps toward reducing their bitter animosity

Canada, U.S. lead call for sanctions against North Korea

Foreign ministers from 20 countries are meeting in Vancouver to discuss security and stability on the Korean Peninsula

Federal NDP Leader Jagmeet Singh announces engagement

Federal NDP Leader Jagmeet Singh engaged to clothing designer Gurkiran Kaur

Hijab-cutting case highlights ethical issues with putting kids in spotlight

A Toronto police investigation has concluded a girl’s hijab was not cut by a scissors-wielding man as she walked to school

Change in politics, society on sexual misconduct ‘not fast enough,’ says Trudeau

Trudeau says society still lagging behind the systemic changes he is trying to make when it comes to preventing and responding to sexual harassment

Bank of Canada to make interest rate decision today

Economists widely believe that based on the economic environment, it’s likely interest rates will rise today

Most Read