A BC man wrongfully convicted in a series of sexual assaults has won an appeal for compensation in the country’s highest court.
Ivan Henry spent 27 years in prison until he was cleared four years ago.
He then filed a civil lawsuit against the three levels of government, and the Vancouver Police, wanting to sue for negligence because Crown prosecutors had allegedly been malicious in handling his case.
But the BC Court of Appeal wouldn’t let him go that far.
Now the Supreme Court of Canada has said he can.
Cheryl Milne is with the David Asper Centre for Constitutional Rights in Toronto.
“The end result in his case is he was acquitted because it looked like there was another perpetrator, they had DNA evidence that they didn’t disclose, they had information about another person who had committed crimes of a similar nature.”
Lawyers for Ivan Henry say they are thrilled Supreme Court of Canada has cleared the way for him to sue to government over his wrongful conviction.
Speaking on behalf of Henry, John Laxton says this removes a massive obstacle to him getting the type of compensation 27 years wrongfully spent in jail deserves.
The next step is his claims trial, scheduled to start August 31st
“Mr. Henry is looking forward to seeing this trial get going and we hope it will not take the 100 days that is presently predicted for it,” says Laxton.
LISTEN: CKNW’s Mike Eckford spoke to Joan McEwen, author of “INNOCENCE ON TRIAL: THE FRAMING OF IVAN HENRY”