Finalist, 2015 Arthur Ellis Prize for Non-Fiction from the Crime Writers' Association of Canada

 

In early-1980s Vancouver, Ivan Henry was an ex-convict still adjusting to civilian life when he was detained on a break-and-enter charge. A short time later, he found himself on trial for ten charges of sexual assault-crimes he vehemently denied committing. Declared a dangerous offender in November 1983, Henry spent twenty-seven years in prison before being acquitted in 2010 on the basis of unreliable evidence. To this day he has not been compensated or publicly exonerated.

 

This is a powerful story of justice miscarried and one man's determined quest to win restitution for the wrongly convicted.

Joan McEwen is a Vancouver-born labour lawyer and arbitration specialist. Educated at Simon Fraser University and the University of British Columbia, she was called to the bar in 1978. After making partner at two law firms, she became a freelance labour arbitrator, her specialty since 1990. She is actively involved in innocence projects across North America that help exonerate and compensate the wrongfully convicted. She lives in Vancouver, British Columbia.

Joan McEwen's profile page

"The disastrous trial and subsequent tribulations of Ivan Henry, including a quarter of a century of hard prison time for multiple sexual assaults he likely did not commit, shines light on an appalling miscarriage of Canadian justice. Ivan Henry emerges as stubborn and misinformed; a misguided, self-represented litigant. But there are lots of such people trapped in the courts, and the system needs to do a better job of dealing with them. In Ivan Henry’s case, it failed miserably." —Ian Binnie, former Supreme Court of Canada Justice

"Since being found not guilty may not be an exoneration, prisoners upon release may face a long road towards clearing their names. Read Innocence on Trial . You will not think about criminal justice the same way after experiencing the story of a high-profile Vancouver case gone wrong and the interminable legal ordeal that has followed." —Brandon L. Garrett, professor, University of Virginnia School of Law

"... the stigma of guilt will remain as long as certain representatives within our police forces and criminal justice system continue to break it down. It takes people like Joan McEwen to keep this in the forefront so all these wrongs can be righted and governments can do what is just and fair." —Jim Driskell, exoneree

"This is an important book in the annals of Canadian miscarriages of justice. Ivan Henry’s story is terrifying but true. We should all be grateful to him for surviving his ordeal, and to the author for telling us about it." —James Lockyear, founding director, AIDWYC (Association in Defence of the Wrongly Convicted)

"Joan McEwen has given the country a great, original book, but also a wake-up call. For those who think innocent people don’t go to prison, the incredible saga of Ivan Henry will open their eyes. Ms. McEwen, both as lawyer and author, take a bow." —Michael Harris, author of Justice Denied: The Law Versus Donald Marshall

"With forensic precision, Joan McEwen dissects the 'evidence' that confined Ivan Henry to twenty-seven years of wrongful imprisonment. How could so many stakeholders in the criminal justice system so woefully abjure their duty such that the real offender not only went unpunished but remained at liberty to commit further crimes? Shocking!" —Dr. Michael Naughton, founder and director, Innocence Network UK

"Masterfully narrated, the story of Ivan Henry demonstrates that, when prosecutors and police blindly pursue convictions, they ignore the inherent obligation of the state to be fair and just. This book should be required reading for e very law student, prosecutor, defence lawyer and trial judge in Canada." —Ujjal Dosanjh, Q.C., former Premier of British Columbia

"Reading Innocence on Trial brought back vivid memories of my own experience of wrongful conviction. There were so many similarities between Henry’s case and mine, with many of the same players, that ultimately I found it too painful to finish the book." —Thomas Sophonow, exoneree

"Innocence on Trial takes the reader through a thirty-year journey of one man’s unrelenting fight to prove not only his innocence but to show how fallible the criminal justice system can be. If you think this just happens in the movies, read this book." —Jennifer Thompson, winner of the Innocence Network's 2014 Champion of Justice Award

"We are once again reminded that our system is composed of humans who make human mistakes. They resist acknowledgement of those mistakes at great cost to the individuals involved and to society as a whole, as our faith in the justice system is eroded." —Ron Dalton, exoneree

"With twists and turns galore, as well as an unvarnished glimpse of Canada's brutal prison system, McEwen's book is a compelling must-read for anyone who still believes justice should be blind, and that it is better that 10 guilty men go free than to have one innocent man suffer." —Georgialee Lang, Huffington Post British Columbia

"Reading Innocence on Trial brought back vivid memories of my own experience of wrongful conviction. There were so many similarities between Henry’s case and mine, and many of the same players, that ultimately I found it too painful to finish the books." —Thomas Sophonow, exoneree

"Joan McEwen drives home the point that when we send a person to prison we do not throw away the key. How we treat them in prison matters. When a person is released from jail he or she will help shape our society. Joan points out the injustices many suffer." —Senator Mobina Jaffer, Q.C.

"You don't have to like Ivan Henry or agree with everything Joan McEwen says to shudder in horror at how our justice system grinds on and sometimes grinds people in its wake." —Julian Sher, author of Until You Are Dead: Steven Truscott's Long Ride into History

"[Joan McEwen] systematically lays out the ways in which the administration of justice was prejudiced against Henry from the start . . . [and shows] in stark and chilling detail how one innocent man can be railroaded into prison without anyone batting an eye." —Steven W. Beattie,Quill & Quire

"Joan McEwen’s book reveals the many failures of the criminal justice system that are hidden behind a facade of fairness, accuracy, and science. By telling the story of Ivan Henry, she shows us that improper police procedures and non-responsive courts ruin people’s lives." —Professor Justin Brooks, director, California Innocence Project, California Western School of Law

"McEwen, a lawyer who practices labour law in Vancouver, quickly immerses her readers in the complexities of a criminal justice system gone awry. With great detail, McEwen outlines the procedural and evidentiary errors made by the police, the crown prosecutor, and the trial judge.” —Bonnie Reilly Schmidt, BC Studies

"This riveting true crime account brings alive how Ivan Henry was wrongly convicted by a flawed legal system that failed to find the truth. Joan McEwen deserves a medal for her role in helping to right the wrong." —Elizabeth F. Loftus, distinguished professor, University of California, Irvine