Criminal Injuries Compensation Board
Adjudicator: Kabir Ravindra
Date: June 20, 2017
Indexed as: (Re) 1512-01660
ORDER
Introduction
1You were born on [date]. You are a Police Officer. The Offender resisted arrest and assaulted you. This occurred along Highway [location], District of [City].
2The Offender was charged with assault peace officer, uttering threats x3, and resist peace officer. He was convicted of resist peace officer, and sentenced accordingly.
Decision
3For the reasons set out below, the CICB approves the claim and recognizes your pain and suffering with an award of $5,000.00.
Issues
4The Offender has been convicted of a crime of violence. The issue to be determined is the scope of your injury resulting from that offence, and the appropriate compensation award within the CICB’s mandate.
Analysis
5You were attempting to arrest the impaired Offender for his involvement in a serious highway accident, when he became violent and resisted arrest. He repeatedly kicked the car door against your knee. In your Application, you indicate that you sustained an aggravation of a pre-existing knee injury during the struggle. It turns out he was both highly intoxicated and on steroids.
6The Medical Records confirm a medial meniscal tear in your left knee. You received emergency hospital treatment, and also underwent an MRI and arthroscopic surgery. The Doctor recommended modified duties but you had to continue working regular duties due to a manpower shortage. The injury was reported to the Workplace Safety and Insurance Board. There is no indication that you were considered for a noneconomic loss award by the WSIB.
7In light of the conviction, and noting the confirmation of your injury in the Medical Records, the CICB finds that you were a victim of a crime of violence, as set out in section 5(a) of the Act. The CICB is satisfied that your knee injury was caused or exacerbated by this assault, and that the medical treatment and scope was required as a result.
8The CICB does its utmost to ensure consistency of its decisions, regardless of which CICB member considers the claim, or if it is heard by one or two CICB members. In light of what took place and how it has impacted you, the CICB finds it would be consistent and within its mandate to award $5,000.00 towards your pain and suffering.
Award
9The CICB orders payment as follows:
Section 7(1)(d) Pain and Suffering $5,000.00
TOTAL CURRENT AWARD $5,000.00
10The CICB recognizes that no amount of money can adequately compensate victims for the injustice they have suffered but also finds the amount of the award to be reasonable within the context of the Act.
Payment
11THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $5,000.00
DATED at Toronto this 20th day of June, 2017.
Kabir Ravindra, Member