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

Mounties identify woman found dead on Kelowna beach

“Our investigators do not believe criminality was involved.”

Pacific Poke bowl lovers can get a free taste at the restaurant’s ‘Grand Opening Event’

The restaurant will offer some of its specials Thursday evening at its Kelowna location

Youth Shelter Fundraiser encourages kids to play for a good cause

The fundraiser takes place April 27 at the EnergyPlex

Tribute to Kelowna’s Chinese Canadian pioneers planned

A tribute to Kelowna’s historic Chinese Canadian community got underway this weekend.

Update: RCMP confirm body found at Kelowna’s Gyro Beach

Police tape is blocking part of the beach and several RCMP officers are on scene.

Homeless activists outside Notre Dame demand ‘a roof too’

Wealthy people have donated millions to effort to rebuild cathedral after devastating fire

South Okanagan community bands together on social media after shootings

Many in Penticton have turned to social media to express their condolences

PHOTOS: Green Party Leader Elizabeth May says ‘I do’ on Earth Day

May and John Kidder got married Monday morning in Victoria

Okanagan resort seeking connnection to rail trail

Predator Ridge Resort slated to present wish for trail from resort to ORT to Vernon council

South Okanagan society looking to bring new racing event to their park

The Desert Park Exhibition Society board is looking into hosting another major event

Okanagan power outage scuttles – but not ruins – city’s mission’s Easter meals

Vernon’s Upper Room Mission will serve Easter dinner a day later due to downtown power outage

Waterway Houseboats wins $2 million for damages caused in 2012 flood

Houseboat company wins lawsuit involving Province of British Columbia, District of Sicamous

Sri Lanka invokes war-time military powers after nearly 300 killed in Easter bombings

Sri Lanka’s minister of tourism says 39 foreign tourists were killed in the Easter Sunday attacks

Netflix filming in North Okanagan

Multiple downtown locations and scenic areas to star in TV production

Most Read