Ivan Henry is asking the Supreme Court to award him damages for the nearly 27 years he spent in prison for sexual assaults he did not commit.
Henry’s lawyers will argue that his rights under the Canadian Charter of Rights and Freedoms were violated because prosecutors did not disclose information relevant to his case.
The B.C. Civil Liberties Association is intervening in the case and says Henry’s lawyers were not given key evidence such as the discovery of DNA evidence, the existence of an alternative suspect, and the occurrence of similar sexual assaults after Henry’s arrest.
Henry had been found guilty of a series of sexual assaults in the early 1980s after being picked out of a bogus police lineup that featured police officers and Henry being held in a choke hold. His daughter lobbied for years to appeal.
Another suspect was identified through DNA analysis in 2002 and later pleaded guilty to several of the assaults. Henry’s conviction was overturned in 2010.
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