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Criminal Injuries Compensation Board

Criminal Injuries Compensation Board. CALC Conference Belleville, Ontario September 20, 2010. Board in Brief. Adjudicate claims for compensation for injury resulting from violent crime .

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Criminal Injuries Compensation Board

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  1. Criminal Injuries Compensation Board CALC Conference Belleville, Ontario September 20, 2010

  2. Board in Brief • Adjudicate claims for compensation for injury resulting from violent crime. • The Board was established by the Compensation for Victims of Crime Act (CVCA) in 1971. Few substantial amendments since then. • Quasi-judicial proceeding. The applicant must prove, on the balance of probabilities, that a crime of violence occurred causing injury or death.

  3. Board in Brief • Receive about 4000 applications per year. • Compensation awarded in more than 80% of cases. Average $35 million per year over last three years. • Assault (43%), Domestic assault (14%), sexual assault (30%) are largest categories. • Hold hearings in 19 locations across the province. Centrally administered from one office (Toronto). 65 staff and 30 Board members.

  4. Who is eligible to apply? • Victim (or legal guardian). • Someone supporting the victim or, where there is a death, persons who have incurred expenses. • Police/peace officer injured while arresting a suspect for crime of violence or property crime. • “Good Samaritans”. • In limited circumstances, individuals who were not victims themselves but who suffered mental or nervous shock as a result of witnessing or coming upon the scene of a violent crime (usually homicide).

  5. What is not covered by the Act? • Non-violent activity (e.g. emotional or psychological abuse). • Neglect or abandonment. • Emotional response or grief and sorrow associated with learning about a crime committed against someone else. • Expenses/losses related to court or other legal proceedings. • Injuries sustained in accident/motor vehicle incident.

  6. Types of compensation available? • Present or future expenses as a result of injury/death (e.g. therapy, dental, funeral expenses) • Income loss • Support for dependents of homicide victims • Pain and suffering • Support of a child born of sexual assault • Other expenses the Board deems relevant and reasonable

  7. Types of Awards • Lump sum – one-time amount to a maximum $25,000 • Periodic – the amount is up to $1,000 per month to a total award of $365,000 • Interim (before a hearing) – to provide interim support for medical, funeral costs and support where a demonstrated urgency. • Variation (after a hearing) – Board may vary an order based on changed circumstances.

  8. The Evidence and Analysis • Has a violent crime occurred? • Proof of conviction • Police reports • CAS investigation reports • Hospital/medical reports • Is there an injury associated with that violent event? • Medical/hospital/therapy/dental reports • CAS reports • Police documentation

  9. Evidence and Analysis (cont’d) 3) What expenses, income loss, pain and suffering etc flow from that injury? • Receipts • Employer’s reports, income tax assessments • medical evidence of period of disability, etc. 4) Section 17 circumstances. • All relevant circumstances including behaviour of victim • Whether cooperated with police and reported matter promptly • Other benefits, compensation available

  10. Application Process

  11. The Hearing • Notice sent to all parties at least 10 days in advance of Hearing. • Parties = Applicant, (Alleged) Offender, Attorney General • Oral Hearings • Usually 60 – 90 minutes • Usually 2 adjudicators • Canvass any issues not sufficiently clear or addressed in the documentary evidence • Open to the public (except where dealing with highly sensitive issues including sexual assault, domestic assaults, child abuse) • Written Hearings • Parties to provide all evidence/submissions in writing • Usually 1 adjudicator

  12. The Decision • Summarizes occurrence, injuries, financial claim, issues, considerations. • Usually issued within three to four months of hearing. • Cheque usually attached. • If victim is under 18, then cheque usually held with Accountant of the Superior Court of Justice.

  13. Tips and Tricks • A thorough and concise application will ease the process later. • Remember to include: signature, DOB, incident date(s) and individuals involved, police info. • Compile documents/details early. • Forward documents as soon as possible. • Consider preparing therapy reports in advance of Board requesting it.

  14. New Initiatives and Ideas • Application Forms on-line at www.cicb.gov.on.ca • Triage: tailoring approach to claims based on needs of applicant/application. • 12 Month Process: Cases are capable of being completed within 12 months. • Split Hearing Weeks: multiple locations in one week. • One person oral hearings. • Oral decisions. • Audio/video aids about the process.

  15. Contacting the Board Website: www.cicb.gov.on.ca Criminal Injuries Compensation Board 439 University Avenue, 4th Floor Toronto, Ontario M5G 1Y8 416-326-2900 Toll-Free Number 1-800-372-7463

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