Henry v. British Columbia (Attorney General), 2015 SCC 24
Civil Action on Case of Wrongful Conviction, Non-Disclosure
Friday May 1, 2015 - The accused was convicted of 10 counts of sexual assault in 1983 and sentenced to an indeterminate amount of prison time. 27 years later, all of the convictions were quashed on appeal and errors in the ways the trial was conducted were acknowledged.
Following the accused’s release, he and his civil litigation lawyer began a lawsuit against the City of Vancouver, the Attorney General of BC and Canada, on the basis that the disclosure obligations of the provincial court were not met (this case was before the Supreme Court of Canada’s ruling on disclosure in Stinchcombe), and also claimed that the conduct of the prosecution was malicious.
In terms of the accused’s accusation of malice, the Supreme Court of Canada found that the standard did not suit the main issue at hand which was the wrongful non-disclosure. However, the Supreme Court of Canada did decide to award damages against the Crown for the misconduct of the prosecution.
Wrongful Conviction & Appeal Lawyer at Karrass Law
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