The Criminal Injuries Compensation Board (CICB) is an administrative tribunal set up the task of awarding compensation to victims of crimes in Ontario. This board has particular powers under the Compensation for Victims of Crime Act and the Victims Bill of Rights 1995. Victims of crimes he treated with compassion, respect and courtesy. Moreover, victims of crimes should be afforded dignity and the right privacy. The right to be awarded compensation as a result of being a victim of crime depends on whether or not a person falls under the definition of victim. In general terms, an injured person is a victim if they have been physically or psychologically injured in Ontario by an act or omission occurring or resulting from a crime of violence considered a criminal act under the Criminal Code of Canada. The following is a list of some of the crimes which qualify: firearms offenses, criminal negligence, arson, sexual assault, assault, the use of a weapon in the commission of a crime, physical assaults…
The victim of a violent crime as well as their family can receive compensation under the principles announced in the statutes. What is important to note is that a victim of a violent crime can apply to the board for compensation even though there has not been a criminal charge or conviction.
How does the board assess the amount of compensation to be paid to victims of violent crimes? The board has discretion under the act to pay a victim a lump sum payment or monthly payments for the following types of damage: support of a child born as a result of rape, economic losses and expenses resulting from the victims injury, economic losses, expenses actually or reasonably incurred or that will be incurred as a result of the victims injury or death and pain-and-suffering. The maximum amount for a lump sum award by the board is $25,000.
What is the limitation period by which an application must be filed with the CICB? In general terms, an application must be submitted within two years of the date of the commission of the crime (date of incident). The board does have discretion to extend that period of time for special circumstances.
The process involves filing an application form. There are two types of applications, one relates to injuries and the other relates to claims related to death caused by an criminal act. Once the application is filed, the application will be reviewed by the board and supporting documentation may be applied for directly by the board or submitted by the applicant. Once the board has the necessary documents and evidence, a hearing will be heard orally and in some cases the application will be heard based on the documents filed and no oral hearing will be held. Whether or not the application proceeds by way of an oral hearing or a documentary hearing is within the discretion of the board. At the hearing, the injured person will ordinarily appear before to or more adjudicators and the process is fairly informal. At the hearing, the board will consider whether or not a violent crime occurred and if so consider the oral and documentary evidence support of an order for compensation.
If you or someone you care about has been injured as a result of a violent criminal act, our personal injury lawyers can assist in making an application to the Criminal Injuries Compensation Board (CICB). Call us for a free consultation at 613-315-4878.
Ottawa injury and accident lawyers Marc Quinn 613-315-4878