STORY: "High court to hear wrongful conviction case," by reporter Jonathan Hayword, reported by The Canadian Press on May 15, 2014.
SUB-HEADING: "Ivan Henry smiles as he speaks to the media outside the B.C. Court of Appeal in Vancouver, B.C. Wednesday, Oct. 27, 2010. The Supreme Court of Canada has agreed to hear an appeal from Henry, a British Columbia man who spent 27 years in prison for sexual assaults he did not commit and who wants to sue the Crown for negligence. In 2011, Henry filed civil lawsuits against the provincial and federal attorneys general, the City of Vancouver and three members of its police department."
GIST: "The Supreme Court of Canada has agreed to hear an appeal from a British Columbia man who wants to sue the Crown for the 27 years he spent in prison for crimes he didn't commit. Ivan Henry was convicted in 1983 of three counts of rape, two counts of attempted rape and five counts of indecent assault for attacks on eight women in Vancouver. He was also declared a dangerous offender. He was released on bail in 2009 and acquitted in October 2010 after the B.C. Court of Appeal heard the judge at Henry's original trial made several mistakes. The Crown conceded there was evidence that wasn't disclosed to Henry that would have led to a not-guilty verdict. Henry's lawyer, Cameron Ward, said the man hasn't been compensated. "Three different attorneys general of the province have spoken about the provincial government's desire to do the right thing for Mr. Henry but thus far they haven't," Ward said Thursday. Ward said Henry filed more than 50 court applications from prison in an effort to get the wrongful conviction quashed. "But nobody listened to him," said Ward. "So he's been through a tremendous ordeal.".........In 2011, Henry filed civil lawsuits against the provincial and federal attorneys general, the City of Vancouver and three members of the city's police department. Henry sought damages for malicious prosecution, abuse of process, misfeasance in public office and an award for charter damages for what he said were serious breaches of the Crown's disclosure obligations. In April 2013, a judge allowed him to amend his pleadings on the topic of charter damages and include an allegation that the Crown's actions were an unacceptable departure from the reasonable standards expected. The defendants appealed, arguing Henry shouldn't be allowed to seek compensation for conduct that was negligent, and the B.C. Court of Appeal agreed. The Supreme Court of Canada has agreed to examine the B.C. Court of Appeal decision."
The entire story can be found at: SUB-HEADING: "Ivan Henry smiles as he speaks to the media outside the B.C. Court of Appeal in Vancouver, B.C. Wednesday, Oct. 27, 2010. The Supreme Court of Canada has agreed to hear an appeal from Henry, a British Columbia man who spent 27 years in prison for sexual assaults he did not commit and who wants to sue the Crown for negligence. In 2011, Henry filed civil lawsuits against the provincial and federal attorneys general, the City of Vancouver and three members of its police department."
GIST: "The Supreme Court of Canada has agreed to hear an appeal from a British Columbia man who wants to sue the Crown for the 27 years he spent in prison for crimes he didn't commit. Ivan Henry was convicted in 1983 of three counts of rape, two counts of attempted rape and five counts of indecent assault for attacks on eight women in Vancouver. He was also declared a dangerous offender. He was released on bail in 2009 and acquitted in October 2010 after the B.C. Court of Appeal heard the judge at Henry's original trial made several mistakes. The Crown conceded there was evidence that wasn't disclosed to Henry that would have led to a not-guilty verdict. Henry's lawyer, Cameron Ward, said the man hasn't been compensated. "Three different attorneys general of the province have spoken about the provincial government's desire to do the right thing for Mr. Henry but thus far they haven't," Ward said Thursday. Ward said Henry filed more than 50 court applications from prison in an effort to get the wrongful conviction quashed. "But nobody listened to him," said Ward. "So he's been through a tremendous ordeal.".........In 2011, Henry filed civil lawsuits against the provincial and federal attorneys general, the City of Vancouver and three members of the city's police department. Henry sought damages for malicious prosecution, abuse of process, misfeasance in public office and an award for charter damages for what he said were serious breaches of the Crown's disclosure obligations. In April 2013, a judge allowed him to amend his pleadings on the topic of charter damages and include an allegation that the Crown's actions were an unacceptable departure from the reasonable standards expected. The defendants appealed, arguing Henry shouldn't be allowed to seek compensation for conduct that was negligent, and the B.C. Court of Appeal agreed. The Supreme Court of Canada has agreed to examine the B.C. Court of Appeal decision."
http://www.baytoday.ca/content/news/national/details.asp?c=62042
See also earlier post on this blog: "Ivan Henry: DNA evidence helps acquit B.C. man of rapes after 26 years in jail: Toronto Star: "Another police investigation reopened doubts about Henry’s guilt following a 2002 operation called “Project Smallman.” Vancouver police re-investigated 25 unsolved sexual assaults committed from April 1983 to July 1988, a period when Henry was already in prison. DNA evidence obtained during “Project Smallman” led to the arrest and conviction of another man identified only as DM because his identity is protected under a publication ban. Crown prosecutors noted similarities between the Henry case and the “Project Smallman” findings and brought those similarities to the attention of B.C.’s criminal justice branch which appointed an independent lawyer to reinvestigate a potential miscarriage of justice in Henry’s conviction."
http://smithforensic.blogspot.ca/2010/10/ivan-henry-dna-evidence-helps-acquit-bc.html
PUBLISHER'S NOTE:
Dear Reader. Keep your eye on the Charles Smith Blog. We are following this case.
I have added a search box for content in this blog which now encompasses several thousand posts. The search box is located near the bottom of the screen just above the list of links. I am confident that this powerful search tool provided by "Blogger" will help our readers and myself get more out of the site.
The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at:
http://www.thestar.com/topic/
Information on "The Charles Smith Blog Award"- and its nomination process - can be found at:
http://smithforensic.blogspot.ca/2013/12/the-charles-smith-award-presented-to_28.html
I look forward to hearing from readers at:
hlevy15@gmail.com.
Harold Levy: Publisher; The Charles Smith Blog;