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Mark Grant could seek provincial payout for time behind bars

Mark Edward Grant was arrested in 2007 in connection with the 1984 killing of Candace Derksen. Global News / File

After a decade behind bars, Mark Edward Grant spent his first full day as a free man since 2007. But after being acquitted of second-degree murder, his lawyer said there could be a lawsuit brought against the province.

Defence lawyer Saul Simmonds said he has advised his client to see if he has grounds for a suit.

“I’m certainly having him consult with civil counsel,” Simmonds told Global News.

On Wednesday, Justice Karen Simonsen found Grant not guilty of second degree murder in the death of 13-year-old Candace Derksen.

READ MORE: Mark Edward Grant not guilty in killing of Candace Derksen

WATCH: Global News coverage after Mark Grant was found not guilty

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Mark Edward Grant not guilty in killing of Candace Derksen

Derksen went missing while walking home from school on Nov. 30, 1984. Her body was found in a storage shed near an Elmwood six weeks later.

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A jury convicted Grant of the crime in 2011, but after appealing the case, Grant was granted a retrial and was acquitted.

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But the decades long process to get to that verdict left him behind bars.

Others in the legal community have said it could be a tough case to win, but agree there may be grounds for a civil suit.

“A lawsuit like that would be an uphill battle. A steep uphill battle,” defence lawyer Jay Prober said.

However, Prober said spending ten years behind bars for a crime you are acquitted of would also be very damaging to a person.

“There’s a lot of damage there to Mr. Grant for which he’s not responsible. That’s why the potential of a lawsuit exists despite it being tough to win,” Prober said. “It’s going to be tough to find acceptance in the community. It’s going to be tough to find employment. It’s going to be very tough for him.”

Global News has learned Grant will be living with no conditions or provisions on his release despite his prior convictions and 2005 sexual offender status.

WATCH: Timeline of the 33-year-old Candace Derksen case

Click to play video: 'Timeline of the 33 year long Candace Derksen case'
Timeline of the 33 year long Candace Derksen case

Grant has been in and out of jail since the late 1980’s for various sexual assaults. When he was released in 2005 and put on the sex offender registry it came with a warning from police.

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The release said “all females, as well as male and female children, are at a risk of sexual violence.”

But it’s unclear how long he was sentenced to remain on the list as the RCMP said that is protected information.

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