SC Allows Wrongfully Convicted B.C. Man to Sue Government

This article was last updated on April 16, 2022

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The Supreme Court of Canada has allowed a B.C. man kept behind bars for 26 years for sex crimes he didn't commit, 67-year-old Ivan Henry, to sue the B.C. government for damages. A 1983 verdict found Henry guilty on three counts of rape and two counts of attempted rape and five counts of indecent assault for attacks on eight women between May 1981 and June 1982 in Vancouver. Thereafter, Henry was declared a dangerous offender and sentenced to an indefinite period of incarceration. However, his conviction was finally overturned in 2010 after 55 appeals.

Since his conviction was overturned, Henry is trying to seek damages from the government for the time he spent behind bars due to lack of the Crown’s disclosure all of its evidence, including the possibility of another suspect. Initially, Henry’s application to seek damages was turned down by the B.C. Court of Appeal as it stated that he "was not entitled to seek charter damages for the non-malicious acts and omissions of Crown counsel." However, the Supreme Court has now ruled that the Crown's lack of malice doesn't matter because "the decision to disclose relevant information is not discretionary."

According to the latest ruling of the Supreme Court, the Crown breached its obligations by withholding information that would be useful to the defence. It stated that "the motives of the prosecutor in withholding information are immaterial." In addition to that, the Supreme Court also pointed out that the lack of disclosure would not impede future prosecutions.

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