Your community legal clinic

1. Your community legal clinic www.communitylegalcentre.ca 158 George Street, Level 1 Belleville, ON K8N 3H2 Tele: (613) 966 8686 Toll Free: 1 877 966 8686 Fax: (613) 966 6251 TTY: (613) 966 8714

2. Criminal Injuries • Compensation Board www.communitylegalcentre.ca

3. What is the Criminal Injuries Compensation Board (CICB)? • The Criminal Injuries Compensation Board (CICB) is a program funded by the Ontario government to provide compensation to survivors of “violent crime” www.communitylegalcentre.ca

4. What is the Criminal Injuries Compensation Board (CICB)? • A person can apply for CICB if they have suffered physical, mental, emotional or psychological injuries as a result of a crime of violence such as: • Assault • Sexual assault • Criminal harassment • Child abuse • Domestic violence • The crime must have taken place in Ontario www.communitylegalcentre.ca

5. What Expenses or Compensation Can Be Applied For? • CICB can cover expenses incurred as a result of the injuries suffered. Expenses that will be covered include: • Medical bills • Prescription and other drug costs • Funeral expenses • Lost wages • Lost income support • Support for a child born as a result of a sexual assault • Costs of therapy and counseling and other healing therapies including massage www.communitylegalcentre.ca

6. What Expenses or Compensation Can Be Applied For? • CICB will not pay for damage to property • Damages for pain and suffering • How do you determine the amount of compensation for pain and suffering? www.communitylegalcentre.ca

7. Must Offender Have Been Charged or Convicted of a Criminal Offence? • CICB does not require a criminal charge or conviction • Applicant needs to show that it is “more likely than not” that a crime of violence occurred, and that their injuries are a result of that crime of violence • An application may still be made if the offender is deceased. www.communitylegalcentre.ca

8. Evidence That Can be Used to Show a Crime of Violence • Statement from a witness to the crime • Statement from a person that the claimant disclosed to • Reports from treatment providers • CAS records www.communitylegalcentre.ca

9. How to Apply • Applications are available on-line at www.cicb.gov.on.ca or by phone or written request • The Applicant will need to provide: • Detailed information of the crime of violence • Location of the crime • Medical treatment or counselling www.communitylegalcentre.ca

10. Is a Lawyer Required When Making a CICB Claim? • Not necessary to have a lawyer to bring a CICB claim • CALC provides full representation in cases of child abuse, sexual assault or domestic violence to client’s who meet our financial guidelines www.communitylegalcentre.ca

11. What is the Timeline for an Application? • 2 year time-limit • CICB may grant an extension of time • For children the limitation period does not start to run until they turn 18 www.communitylegalcentre.ca

12. What is the Timeline for an Application? Under the Compensation for Victims of Crime Act the limitation period for an application may be extended: 6.An application for compensation shall be made within two years after the date of the injury or death but the Board, before or after the expiry of the two-year period, may extend the time for the further period it considers warranted. 2000, c. 26, Sched. A, s. 4 (1). www.communitylegalcentre.ca

13. What is the Timeline for an Application? • Ingranting an extension of time the Board will look at: • The amount of time that has passed • The reasons for the delay in filing an application • Whether there would be sufficient evidence to support an application • The nature and severity of the incident and injury www.communitylegalcentre.ca

14. What is the Timeline for an Application? • If you are assisting a claimant requiring an extension of time, any records to support the claim will be needed prior to sending in the claim. • Examples – police information – dates of reporting and name of police force; CAS records, hospital records, counseling records, witness statements www.communitylegalcentre.ca

15. What is the Timeline for an Application? • Should a CICB application be put on hold if a criminal case is before the courts? • New Draft Rules of Procedure require more evidence at the extension stage and allow for submissions upon denial. www.communitylegalcentre.ca

16. What Happens After Someone Applies? • Compensation analyst assigned • Documents needed: • Medical reports • Therapy reports • Hospital records • Expense receipts • Lost wages • Witness statement or disclosure statement www.communitylegalcentre.ca

17. Therapy Reports • Therapy Reports are very important in supporting the client’s request for a pain and suffering award • Therapy Reports should include: • A detailed account of how the Applicant has suffered as a result of the abuse • Diagnoses • Thorough information as to the Applicant’s symptoms in relation to the abuse www.communitylegalcentre.ca

18. Will CICB Notify the Offender? • CICB has the discretion to notify the offender • CICB will not notify the offender if there has been a conviction • Notification has a chilling effect on victims • CALC argues that there should not be notification in cases of sexual assault, woman abuse or childhood abuse • If offender is notified Applicant can request an electronic hearing. www.communitylegalcentre.ca

19. Hearing Process • There are two types of hearings: • a documentary hearing • an oral hearing • Following a documentary hearing client can request a review hearing www.communitylegalcentre.ca

20. Oral Hearings • Hearings in child abuse, sexual abuse and domestic violence cases are private and a publication ban is ordered • Informal hearings before two Board Members • Hearing is divided into three parts; incident, injuries, expenses www.communitylegalcentre.ca

21. Factors that can reduce the award • The Board can reduce or refuse an award if: • The victim’s conduct “contributed to the assault” • The victim failed to report the crime promptly or refused to co-operate with the criminal investigation • The victim has received collateral benefits (WSIB, EI) www.communitylegalcentre.ca

22. When is the decision received • The Board will send a written decision within 2 – 4 months • If compensation has been awarded the cheque will be attached www.communitylegalcentre.ca

23. Compensation • Maximum award is $25,000 for the injury • Multiple occurrences can lead to a higher maximum award • In cases where there is a pattern of abuse the Board can award a “global” amount for pain and suffering which exceeds the $25,000.00 maximum www.communitylegalcentre.ca

24. Compensation • Most applicants are not given the maximum award • Awards vary depending on the severity of the injuries • Compensation for minors is placed in trust until the victim is 18 years old www.communitylegalcentre.ca

25. Does the CICB Award Affect Ontario Works or ODSP Assistance? • CICB awards for “pain and suffering” are exempt under Ontario Works and the Ontario Disability Support Program • Interest on the award, if the award is not spent, may be considered as income for social assistance purposes. www.communitylegalcentre.ca

26. How Long Does the Entire Process Take? • Approximately 2 years • More complex cases may take more than 2 years • The Board is currently taking steps to reduce the length of time a claim takes www.communitylegalcentre.ca

27. Ombudsman Ontario • In February 2007, Ombudsman report entitled “Adding Insult to Injury” was released to the public • 17 recommendations were made which included: additional resources should be provided to CICB; outreach be undertaken to ensure victims of crime are aware of CICB; sensitivity training to CICB staff • The full report can be viewed at: http://www.ombudsman.on.ca/media/3271/adding_insult_to_injury_20070227.pdf www.communitylegalcentre.ca

28. What do Clients Need to Know Before Bringing a CICB Application? • Lengthy, stressful process • Need to be able to discuss the crime repeatedly • Clients need counseling support www.communitylegalcentre.ca

29. Why Should Clients do a CICB Claim? • Money for low income people • Closure for victims • Acknowledgement that a crime occurred • Apology from the Board verbally and/or in writing www.communitylegalcentre.ca

30. Contact Us Our Service Area and Contact Information • Service Area • Hastings County • Prince Edward County • Southern half of Lennox • & Addington County • Office Locations • Belleville • Bancroft • Madoc • Napanee • Picton • Trenton • Head Office (Belleville): • 158 George Street, Level 1 • Belleville, ON K8N 3H2 • Phone: 613-966-8686 • Toll Free: 1-877-966-8686 • Fax: 613-966-6251 • TTY: 613-966-8714 • Toll Free TTY: 1-877-966-8714 www.communitylegalcentre.ca