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The judge awarded a total of $8,086,691, including $7.5 million in damages to “serve the vindication and deterrence functions” of the Charter, $530,000 in compensatory damages and $56,000 in special damages.

At trial, Henry had sought an award of more than $30 million in damages.

Photo by Ian Smith / PNG

Hinkson also found that the Crown’s failure to disclose the information to which Henry was entitled negates any fault on the part of the Vancouver police for any failings that might be attributed to them in their investigation of the crimes.

And he concluded that the B.C. government had not established fault on the part of the federal Crown.

“The evidence before me falls short of establishing that the federal Crown failed to conduct a meaningful review of Mr. Henry’s applications for mercy or that the federal Crown behaved recklessly or in bad faith.”

The judge dismissed a claim on behalf of Henry’s daughters for emotional distress and loss of guidance.

Henry was arrested in July 1982 and charged with three counts of rape, two counts of attempted rape and five counts of indecent assault, involving eight different women.

In March 1983 Henry, representing himself at trial, was convicted of 10 sex offences that occurred in 1981 and 1982.

His initial appeal to the B.C. Court of Appeal was dismissed for want of prosecution after he failed to come up with the $4,000 he needed to pay for trial transcripts.

Vancouver Sun

Henry maintained that he was innocent while serving his sentence and filed numerous appeals, motions and applications from prison, all of which were dismissed.

He carried a copy of the photo lineup picture in a plastic container on his person, afraid that it would be stolen.

After his case was reviewed by a special prosecutor, the B.C. Court of Appeal released him on bail in 2009.

In October 2010, the B.C. Court of Appeal quashed all 10 convictions and substituted acquittals.

Henry then launched his civil suit against the B.C. government, the federal government and the City of Vancouver. During the trial, the federal government and the city settled with Henry for undisclosed amounts.

kfraser@postmedia.com

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