Freed man ‘ not innocent’: Vancouver
Wrongful conviction: Trial for damages related to 27- year jail term delayed until 2015
This isn’t about guilt or innocence. That’s not what this forum is about — this is about a wrongful conviction.
Aman freed after 27 years of wrongful imprisonment for serial sex crimes is facing claims by the City of Vancouver backed by the provincial government that he is really guilty.
In an astounding defence against civil damages, a city lawyer told B. C. Supreme Court Chief Justice Christopher Hinkson that a lengthy six- month trial was necessary to establish Ivan Henry’s right to compensation for his quarter- century ordeal.
“My clients don’t accept the assertion he is innocent,” said Bruce Quayle of the city’s legal department. “The ( B. C.) Court of Appeal didn’t say that.”
In its defence filed with the court, the city says Henry “committed one or more of the sexual assaults for which he was convicted … and, as a result, is not entitled to an award of damages” for wrongful conviction.
A lawyer for the provincial government, John Hunter, told the pre- trial hearing Friday that Victoria hadn’t made the same point in its statement of defence but it essentially agreed with the city.
“The Court of Appeal said he was wrongly convicted,” lawyer John Hunter said. “We accept he wasn’t properly convicted.”
He added, however, that if Henry got in the witness box and declared his innocence — which is not an overt claim made in his pleadings — the province would think “we’re being sandbagged” and challenge him.
In the otherwise empty public gallery, the stocky, greying, 67- year- old Henry listened impassively.
He was declared a dangerous offender after being convicted in 1983 of three counts of rape, two counts of attempted rape and five counts of indecent assault for attacks on eight Vancouver women.
After an investigation into exculpatory material discovered during the investigation of Robert Pickton’s serial killings, Henry was released in 2009.
The B. C. Court of Appeal acquitted him in October 2010 after the Crown conceded evidence wasn’t disclosed to the defence and other mistakes had been made in the prosecution and by the judge during the trial.
The appellate bench said no reasonable jury would have convicted Henry.
Four years later, he faces a lengthy trial more than a year from now to win compensation for the police, prosecutorial and governmental mistakes that led to his conviction and incarceration for crimes now attributed to another man.
Henry’s lawyers complained bitterly they have been stonewalled attempting to get agreement on facts that would significantly shorten the trial by eliminating the need for most witnesses, reducing it to the legal arguments .
“We’ve got nowhere,” lawyer Cameron Ward said. “Their current position is to deny everything.”
If innocence and underlying facts are an issue, he added, it could entail calling the victimized women to testify and relive a three- decades- old horror.
Quayle said the city had already “caved to that pressure” by amending its pleadings to prevent that scenario, but it was not abandoning the position.
Henry has proclaimed his innocence from the beginning and filed scores of court applications futilely fighting for his freedom.
“For 32 years he has been fighting for vindication and claiming his innocence,” Ward fulminated. “When he was freed, they left him to his own devices and offered him nothing. He’s unemployable, psychologically damaged and has had to take out a bank loan to pay his living expenses.”
In 2011, Henry filed the civil suit against the province, the federal government, the city and members of the police department. He wants millions of dollars in damages for police, prosecutorial and governmental misconduct.
In April 2013, a judge allowed him to expand his claims for Charter damages but the B. C. Court of Appeal disagreed.
Henry appealed that decision to the Supreme Court of Canada and a hearing is set for Nov. 13.
As a result, the start of his civil trial was postponed until a ruling is made — a process that usually takes between five and seven months.
Henry’s lawyers hoped to start proceedings next April, but Chief Justice Hinkson had other trial commitments.
He was not happy with the delay, and emphasized that he was “chagrined” the case would require more than 100 days of trial time.
After the hearing, the lawyers spent several minutes in an animated discussion about the alleged intransigence and the need for more co- operation.
They found little common ground.
“It’s been four years and he hasn’t received a dime,” a frustrated Ward fumed as he left the courtroom.
Hunter, the province’s lawyer, replied: “And he won’t get a dime until he wins his case!”
Outside, Henry shrugged off the delay.
“They’re pricks,” he said. “This isn’t about guilt or innocence. That’s not what this forum is about — this is about a wrongful conviction, and damages for that wrongful conviction.”
Chief Justice Hinkson set the civil trial for Aug. 31, 2015.