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 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 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

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 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: Criminal Injuries Compensation Board 439 University Avenue, 4 th Floor Toronto, Ontario M5G 1Y Toll-Free Number