Attorney General and Minister of Justice Suzanne Anton has released the following statement on the Supreme Court of British Columbia’s ruling in the Ivan Henry matter:
“Today, B.C. Supreme Court’s Chief Justice Christopher E. Hinkson found the British Columbia government civilly liable for the conviction of Mr. Ivan Henry, and for the years he spent imprisoned. As such, he has been awarded $8,086,691.80 in damages from the Province.
“In the coming weeks, Ministry of Justice legal counsel will review the reasons for judgment and provide advice on next steps.
“Mr. Henry was convicted in 1983. Following a review of new evidence gathered by the Vancouver Police, Crown counsel brought their concerns to the Criminal Justice Branch, a special prosecutor was appointed, and the appeal was re-opened and heard in 2010. In October of that same year, the BC Court of Appeal acquitted Mr. Henry of all 10 sexual assault convictions, leading to his release from jail.
“After the convictions were set aside, Mr. Henry filed a civil suit against three defendants, including the Province of British Columbia, claiming that Crown had breached his Charter rights relating to evidentiary disclosure.
“It is important to recognize that Canadian law on disclosure has undergone significant developments since Mr. Henry’s criminal trial in 1982. The legal obligations for police and prosecutors in making disclosure to the defence are now much more robust and clearly defined.
“As part of our obligations to the administration of justice, we will continue to remain sharply focused to ensure that our processes, practices and decisions on prosecutions respect the constitutional rights and entitlements of any British Columbian accused of a crime.”