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

Kitimat resident is Conservative choice for fall election

Claire Rattée is a former Kitimat councillor

Christian Heritage Party leader reflects on 2019 federal election

Leader Rod Taylor from Telkwa is aiming to run 100 candidates on socially conservative platform.

One in critical condition after train hits grader near Smithers

The collision occurred at the Lawson Road crossing in the rural community of Quick

Peepchuk re-enters guilty pleas

Hazelton assault causing bodily harm and robbery case adjourned to set sentencing date

Gryphons girls dominate in zone win

It’s a bittersweet moment for Smithers basketball team as players graduate and coach moves on.

‘Riya was a dreamer’: Mother of slain 11-year-old Ontario girl heartbroken

Her father, Roopesh Rajkumar, 41, was arrested some 130 kilometres away

Experts urge caution after 10 human-triggered avalanches across B.C.

One man is still stuck after avalanche on south coast

‘It consumed my life’: Inside the world of gaming addiction

World Health Organization classifies gaming disorder as a mental health condition

Police seize bottles of grapefruit vodka from wanted man’s snow-pants

The men were pushing two shopping carts with a woman inside

Tonight’s sporting event costs more than the Super Bowl, and Obama is going

Tickets are going for more than $4,000 to watch the Duke - North Carolina basketball game

CRTC report finds ‘misleading, aggressive’ sales tactics used by telecom industry

Report recommends measures to make a fairer situation for consumers

Trudeau takes personal hit amid SNC-Lavalin controversy: poll

Overall, 41 per cent of respondents believed the prime minister had done something wrong in the affair

B.C. photographer captures otters on ice

A Langley photographer was at the right place at the right time on the Fraser River

Do you live with your partner? More and more Canadians don’t

Statistics Canada shows fewer couples live together than did a decade ago

Most Read