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

VIDEO: Nature provides practice space for North Delta musician

Terry Lee has become a fixture over the years playing his cornet in and near the Delta Nature Reserve

Surrey Mountie won’t face charges for scooter scuffle

The Surrey-based IIO has decided not to forward the case to Crown counsel for review

High-risk sex offender released into Surrey

Earon Wayne Giles, a Newton “tag-team rapist,” was released from prison Friday and is now living in Surrey

Pedestrian seriously injured in Surrey traffic crash

A 54-year-old man was hit by a car early Thursday evening while crossing Highway 10 at 152nd Street

BC Hydro replacing hundreds of old power poles in Surrey

More than 10 per cent of BC Hydro poles are at least 50 years old

New airline regulations bring compensation for tarmac delays, over-bookings

Some of the new regulations will roll out in July, while others are expected for December.

Burnaby facility to dispose of 1,500 tonnes of Canada’s trash from Philippines

All 103 containers will be disposed of properly within Canada before the end of the summer

Scheer says it would take Conservatives five years to balance budget

Scheeraccused the Liberal government of spending $79.5 billion of previously unbudgeted funds

Man wants guilty plea revoked in 2012 collision in Abbotsford that killed Chilliwack woman

Michael Larocque was charged in relation to crash that killed Eileen Kleinfelder

North Delta happenings: week of May 23

Events and community listings for North Delta

Vancouver woman sexually assaulted after man follows her home; suspect at large

Police are looking for an Asian man in his 40s after the incident on Vancouver’s east side.

B.C. man, 30, arrested for driving his parents’ cars while impaired twice in one day

The Vancouver-area man was arrested after officers caught him driving impaired twice in one day

UPDATE: Vancouver man dies after crash between motorcycle, transport truck

Police believe speed was a factor in Thursday collision

Trial slated to start Monday for accused killer of Abbotsford cop

Oscar Arfmann faces first-degree murder for death of Const. John Davidson

Most Read