Gerald Barton, wrongly convicted of rape, loses compensation bid

The Nova Scotia Court of Appeal has rejected Gerald Barton's bid for compensation.

Barton is a 65-year-old former Digby County man who was convicted of sexual assault more than 40 years ago.

He was accused of attacking a neighbour's daughter. The girl eventually recanted her testimony and Barton's conviction was overturned in 2011.

Barton's lawyer, Dale Dunlop, said it is unlikely his client will take the case to the Supreme Court. Dunlop is unhappy with how the case has been handled by authorities.

"I think it's not so much the lack of compensation, it's the response of the province and the RCMP to what happens when they find out that they wrongfully convicted a person," he said.

"It was extremely disappointing, essentially for the province to turn its back on Mr. Barton right from the outset and to fight him all the way."

'Stigma of the wrongful conviction'

Dunlop said it seems Nova Scotia is unwilling to provide compensation for people that are wrongfully convicted.

"It appears to be the case in Nova Scotia that you can be wrongfully convicted and not necessarily expect any compensation for that no matter what the affects are on your life and no matter how long you carry the stigma of the wrongful conviction," he said.​

Dunlop worries about the precedent the ruling establishes for people who have been wrongfully convicted.

Barton tried to get compensation from the federal government for his wrongful conviction, alleging the RCMP officer who investigated the original allegations was responsible.

Last year, the Nova Scotia Supreme Court rejected Barton's argument. Today, the Court of Appeal upheld the lower court ruling.