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

Skeena Sawmills modernization delayed due to building condition

Terrace mill re-engineering the $10 million project after last winter revealed building weaknesses

Sandwich maker finds dough for summer camp

Pita Pit secures $1,000 donation for Camp Phoenix and underprivileged kids

Malicious Monster Truck tour coming to Terrace this summer

It’s the first time in 20 years monster trucks have rolled past Prince George for a northern show

NWCC gets green light for name change

The name Coast Mountain College in effect as of June 18

UPDATE: Truckloads of trash gathered from community clean-up

An estimated 250 people collected trash during the 2018 Terrace garbathon on Sunday

Toronto van attack suspect faces 10 counts of first-degree murder

The suspect in the Toronto van attack that killed 10 people and injured 15 others on Monday is a 25-year-old man named Alek Minassian

How to keep local news visible in your Facebook feed

Facebook has changed the news feed to emphasize personal connections. You might see less news.

B.C.’s living wage increase curbed due to MSP cuts, child care subsidy: report

Living wage varies between $16.51 in north central B.C. to $20.91 in Metro Vancouver

Doctor sees healing power in psychedelic plant as Peru investigates death of B.C. man

Peru’s attorney general has ordered the arrest of two suspects in the killing of 41-year-old Sebastian Woodroffe

Toronto police officer ‘gave himself the space and time’ in van attack

Footage shows officer standing up, turning off his siren and talking clearly to the suspect

$1.18 to $1.58 a litre: Are you paying the most for gas in B.C.?

Gas prices across B.C. vary, with lowest in Vernon and highest in – you guessed it – Metro Vancouver

Inquest set 10 years after B.C. woman shot, left to die

Lisa Dudley, and her partner, Guthrie McKay were shot in their Mission home in September 2008

B.C. hockey team to retire Humboldt Bronco victim’s number

BCHL’s Surrey Eagles to retire Jaxon Joseph’s No. 10 in light of bus tragedy

B.C. Hells Angels invited to rally by anti-SOGI organizer

The Culture Guard group has helped Hells Angels in the past, said its executive director.

Most Read