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Wrongly Convicted Database Record
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Charge: |
Rape |
Sentence: |
Life Imprisonment |
Years Imprisoned: |
27.083 |
Year Crime: |
1983 |
Year Convicted: |
1983 |
Year Cleared: |
2010 |
U.S. State or Country of Crime: |
Canada |
County or Region of Crime: |
British Columbia |
City of Crime: |
Vancouver |
Result: |
Judicially Exonerated Released |
Summary of Case: |
"Ivan Henry was wrongly convicted in 1983 of 10 counts of rape, attempted rape and indecent assault involving eight women in Vancouver, BC. His conviction was solely based on his identification by the eight women, because there was no physical or forensic evidence he committed the crimes. Ivan Henry was declared a dangerous offender and ordered jailed indefinitely, which could result in his imprisonment for life unless he was released on parole. Based on new evidence of his innocence and that inappropriate line-up procedures were used by the police, the British Columbia Court of Appeal reopened Henry's case in January 2009. Henry was released on bail in June 2009 pending the outcome of his appeal. On October 27, 2010, the Court acquitted him of all charges and he was immediately released after 27 years and 1 month of wrongful incarceration. In June 2011 Henry filed a lawsuit seeking unspecified damages against the City of Vancouver, British Columbia's provincial government, Canada's federal government, and three members of the Vancouver police department. The lawsuit also sought compensation for his two daughters who were deprived of his parenting and companionship for the 27 years of his imprisonment. The lawsuit claimed that Henry's rights under Canada's Charter of Rights were violated by the prosecution's failure to disclose favorable evidence at the time of his trial. In September 2012 a provincial judge dismissed the negligence claim only against the prosecutors on the ground they have absolute immunity for any claim except malice. Henry appealed that ruling for clarification of what damages he could be awarded. On May 1, 2015 the Supreme Court of Canada ruled that damages against the Crown for prosecutorial misconduct absent proof of malice could be awarded to Henry. The Court stated: "... the Canadian Charter of Rights and Freedoms authorizes courts of competent jurisdiction to award damages against the Crown for prosecutorial misconduct absent proof of malice. Mr. Henry may seek to amend his pleadings in accordance with the liability threshold established in the reasons for judgment." On November 16, 2015 it was announced the City of Vancouver settled for an undisclosed amount with Ivan Henry. Canada's federal government also settled with Henry for an undisclosed amount. Henry's suit against British Columbia that sought up to CAN$43 million, proceeded to trial, which ended in mid-2015. On June 8, 2016 Justice Christopher Hinkson awarded Ivan Henry a total of CAN$8,086,691 in concluding the Crown failed in its duty to disclose relevant information prior to the case going to court in 1983, and showed “shocking disregard” for Henry's charter rights, and “seriously infringing” his right to a fair trial. Henry's award was comprised of CAN$530,000 as compensation for the violation of his rights; special damages of CAN$56,691; and, CAN$7.5 million “to serve both the vindication and deterrence functions” of the charter." |
Conviction Caused By: |
Erroneous identification by the eight victims. |
Innocence Proved By: |
"On October 27, 2010, the British Columbia Court of Appeal acquitted him of all charges and he was immediately released after 27 years of wrongful imprisonment." |
Defendant Aided By: |
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Compensation Awarded: |
"CAN$8,086,691 (Province of British Columbia, June 8, 2016) (Comprised of CAN$530,000 for the violation of his rights; special damages of CAN$56,691; and, CAN$7.5 million “to serve both the vindication and deterrence functions” of the charter.) and, Undisclosed amt. (City of Vancouver, BC, 11-16-2015) and, Undisclosed amt. (Canadian govt., 2015)" |
Was Perpetrator Identified? |
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Age When Imprisoned: |
35 |
Age When Released: |
62 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"BC man who spent 27 years in prison as serial rapist acquitted on all counts, By Neal Hall (staff), Vancouver Sun, October 28, 2010" |
Information Location 1: |
http://www.vancouversun.com/news/spent+years+prison+serial+rapist+acquitted+counts/3734673/story.html |
Information Source 2: |
"Something good may have come from Pickton case - justice for Ivan Henry, By Ian Mulgrew (staff), Vancouver Sun, January 14, 2009" |
Information Location 2: |
http://www.vancouversun.com/news/Something+good+have+come+from+Pickton+case+justice+Ivan+Henry/1173376/story.html |
Information Source 3: |
"Ivan Henry granted acquittal, appeal court cites errors during 1983 jury trial, By Keith Fraser (staff), The Province (Vancouver, BC), October 27, 2010" |
Information Location 3: |
http://www.theprovince.com/news/Ivan+Henry+granted+acquittal+appeal+court+cites+errors+during+1983+jury+trial/3734617/story.html |
Information Source 4: |
"B.C. man wrongfully convicted in rape cases seeks damages in suit: Ivan Henry also wants compensation for daughters, By Kelly Sinoski, Vancouver Sun, June 29, 2011" |
Information Location 4: |
http://www.vancouversun.com/news/wrongfully+convicted+rape+cases+seeks+damages+suit/5022055/story.html |
Information Source 5: |
"Crown lawyers in 1982 Ivan Henry wrongful-conviction case didn't know any better: lawyer, By The Canadian Press, The Vancouver Sun, December 15, 2015" |
Information Location 5: |
http://www.vancouversun.com/news/crown+lawyers+1982+ivan+henry+wrongful+conviction+case+didn/11591372/story.html |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org