Criminal Injuries Compensation Board
Adjudicator: M. Saleem Akhtar
Indexed as: (Re) 1610-00014
ORDER
Introduction
1This is an Application by the applicant seeking compensation for physical and emotional injuries arising from the commission of a crime of violence in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). The assault was committed against the Applicant by the Offender on [date], 2016 in the province of Ontario.
Decision
2The CICB approves the claim made by the Applicant in relation to an assault committed against him on [date], 2016 by the Offender mentioned above and awards him the sum of $5,000.00 as compensation for pain and suffering, for the reasons set out below.
Evidence
Applicant’s written submissions regarding the incident
3In his Application, the Applicant described the incident under the heading “Details of the Crime” as follows:
I am a uniform police constable…I was acting in this capacity on [date], 2016 when I attended a townhouse…in response to a dispatched call for service to a family disturbance. Once inside the residence, I spoke with the complainant in this matter who advised that the accused was out of control, that he was afraid of him, that the accused had been violent and had broken household articles and windows…I went upstairs with PC [Name] to investigate. When the bedroom was opened, [Offender] charged / ran out of his bedroom directly at me pushing me backwards through a small bathroom…he had a knife in his right hand and he stabbed me in the side of my head three times (twice on my ear and once across my neck). I fell backwards into the bathtub with him on top of me. PC [Name] intervened and using open hand techniques stopped [Offender] from stabbing me further and pulled him out to the hallway. [Offender] bit PC [Name] on his arm causing a nasty injury. He was then arrested by PC [Name] and I, cuffed and turned over to other officers while we sought medical treatment from paramedics who attended the call…
Applicant’s written submissions regarding his injuries
4The Applicant described his injuries under the heading “Details of Injuries” as follows:
I received a laceration inside the top / middle section of my left ear – 5 stitches to close the cut…another laceration to the lower section of my left ear – 5 stitches to close the cut…q 12 cm laceration to the left side of my neck…it did not require stitches…right arm was bruised…required two weeks off work for my injuries to heal, before returning to work…
Psychologically, I am coping well. However, I am hyper alert at family disturbance calls…and I would say that my anxiety level when I attend these types of calls has dramatically increased. For several weeks after the call, I had nightmares about my own death and had many broken sleep nights…I believe my physical recovery from this incident is 100%...Emotional recovery has been good, although I still carry higher levels of anxiety in my mind when I attend any type of family disturbance or violent situations at work… I have and am dealing with increased anxiety on some calls for service at work, but I feel strong and emotionally stable now…
Police Report
5The Police Report, on file, corroborates the Applicant’s version of the incident. After due investigation, Police charged the accused with attempt murder in relation to the Applicant contrary to the provisions of section 270 of the Criminal Code of Canada RSC 1985, c.C-46. Later, the Offender was convicted of aggravated assault.
Issues
6Pursuant to subsection 5(a) of the Act, the CICB must determine on a balance of probabilities,
a) Whether a crime of violence occurred against the Applicant that caused him injuries; and if so;
b) The nature and extent of the injuries sustained;
c) Whether compensation should be awarded and if so, determine the amount.
Analysis and Decision
7The CICB must determine on a balance of probabilities if the Applicant is a victim of violent crime under subsection 5(a) of the Act. This subsection provides that the Applicant’s injury must have resulted from a “crime of violence” constituting an offence against the [Criminal Code](https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-4