Docstoc

on the Criminal Injuries - Criminal Injuries Compensation Board

Document Sample
on the Criminal Injuries - Criminal Injuries Compensation Board Powered By Docstoc
					Criminal Injuries
Compensation Board


CALC Conference
Belleville, Ontario
September 20, 2010


                      1
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.

                                                     2
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.

                                                      3
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).

                                                    4
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.


                                                    5
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

                                               6
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.


                                               7
The Evidence and Analysis
 1)   Has a violent crime occurred?
         Proof of conviction
         Police reports
         CAS investigation reports
         Hospital/medical reports
 2)   Is there an injury associated with that
      violent event?
         Medical/hospital/therapy/dental reports
         CAS reports
         Police documentation


                                                    8
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



                                                                9
Application Process




                      10
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
                                                                    11
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.

                                           12
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.

                                               13
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.


                                                  14
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
                                             15

				
DOCUMENT INFO