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

Victoria Women’s Expo showcases the latest trends

Over 100 vendors feature lots of beauty, health, food, jewelry products and more

Hillside Avenue death ruled a homicide, police say

No charges have yet been laid in the killing of Victoria man Joe Gauthier

Songhees Wellness Centre event immersed in indigenous cuisine and culture

Camosun and Songhees cook together for reconciliation while fundraising for student scholarship fund at March 23 event

Hope gets eight year sentence for Church Avenue sex assault

Eight years is the sentence for David Robert Hope, who was found… Continue reading

Suspect arrested, released in Victoria home invasion

Police are still looking for a second person associated with robbery and car fire

VIDEO: B.C. Mounties reunite veteran with lost military medals

RCMP say Zora Singh Tatla, who served in the army in India for 28 years, is the righful owner

4 facts to ring in St. Patrick’s Day

What do you really know about the Irish celebration?

Women’s Expo seeks to empower women this weekend

Victoria Women’s Expo set for Saturday and Sunday at Pearkes Recreation Centre

America’s Musical Journey premieres at the IMAX

Enter to win tickets to an invite only concert at your community newspaper’s Facebook page

Over 80s leading Victoria’s fitness charge

Go at your own pace, advises 87 year old gym buff

Federal government seeks public feedback on pedestrian safety

What safety measures do you think need to improved for pedestrians and cyclists?

Experts urging caution as rabbits die by the hundreds in B.C. city

Province of B.C. confirms more positive tests for rabbit haemorrhagic disease

Search continues for 10-year-old Montreal boy missing since Monday

Montreal police said they are exploring every possibility in search for Ariel Jeffrey Kouakou

Airline passenger-rights bill claws back protections for travellers: Advocate

Bill C-49 would double tarmac delays, scrap compensation for flights affected by mechanical failures

Most Read