January 21, 2014 - 3:47 PM
VANCOUVER - The B.C. Court of Appeal says a man who spent 27 years in prison for a series of sexual assaults he didn't commit can't sue the Crown for negligence.
Ivan Henry was convicted of 10 sexual offences against eight complainants in 1983, but it wasn't until October 2010 that he was acquitted of the offences by the same court.
Henry then filed civil lawsuits against the provincial and federal attorneys general, the City of Vancouver and three members of its police department in June 2011.
He is seeking damages for malicious prosecution, abuse of process, and an award for damages to his charter rights over alleged non-disclosure by prosecutors.
Justice Richard Goepel allowed Henry to amend his pleadings for charter damages in April 2013, but the defendants appealed, arguing Henry shouldn't be allowed to seek compensation for conduct that was negligence.
Appeal Court Justice John Hall has sided with the defendants, saying the Supreme Court of Canada has already ruled that prosecutors can't be held liable for negligence.
News from © The Canadian Press, 2014