Your community legal clinic 158 George Street, Level 1 Belleville, ON K8N 3H2 Tele: (613) 966 8686...

Your community legal clinic

158 George Street, Level 1Belleville, ON K8N 3H2

Tele: (613) 966 8686

Toll Free: 1 877 966 8686Fax: (613) 966 6251TTY: (613) 966 8714

www.communitylegalcentre.ca

Criminal Injuries Compensation Board


The Criminal Injuries Compensation Board (CICB) is a program funded by the Ontario government to provide compensation to survivors of “violent crime”

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

What is the Criminal Injuries Compensation Board (CICB)?


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

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?

What Expenses or Compensation Can Be Applied For?


• 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.

Must Offender Have Been Charged or Convicted of a Criminal Offence?


• Statement from a witness to the crime

• Statement from a person that the claimant disclosed to

• Reports from treatment providers

• CAS records

Evidence That Can be Used to Show a Crime of Violence


• 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

How to Apply


http://www.cicb.gov.on.ca/

• 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

Is a Lawyer Required When Making a CICB Claim?


• 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

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).



In granting 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



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



• 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.



• Compensation analyst assigned

• Documents needed:

• Medical reports• Therapy reports• Hospital records• Expense receipts• Lost wages• Witness statement or disclosure statement

What Happens After Someone Applies?


• 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

Therapy Reports


• 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.

Will CICB Notify the Offender?


There are two types of hearings:

• a documentary hearing

• an oral hearing

• Following a documentary hearing client can request a review hearing

Hearing Process


• 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

Oral Hearings


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)

Factors that can reduce the award


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

• 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

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

Compensation


• 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.

Does the CICB Award Affect Ontario Works or ODSP Assistance?


• 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

How Long Does the Entire Process Take?


• 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

Ombudsman Ontario


http://www.ombudsman.on.ca/media/3271/adding_insult_to_injury_20070227.pdf

http://www.ombudsman.on.ca/media/3271/adding_insult_to_injury_20070227.pdf

• Lengthy, stressful process

• Need to be able to discuss the crime repeatedly

• Clients need counseling support

What do Clients Need to Know Before Bringing a CICB Application?


• Money for low income people

• Closure for victims

• Acknowledgement that a crime occurred

• Apology from the Board verbally and/or in writing

Why Should Clients do a CICB Claim?


Contact UsOur Service Area and Contact Information

Head Office (Belleville):

158 George Street, Level 1Belleville, ON K8N 3H2

Phone: 613-966-8686

Toll Free: 1-877-966-8686

Fax: 613-966-6251TTY: 613-966-8714Toll Free TTY: 1-877-966-8714

Service Area• Hastings County• Prince Edward County• Southern half of Lennox & Addington County

Office Locations • Belleville• Bancroft• Madoc• Napanee• Picton• Trenton


Date post:	27-Dec-2015
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