Re 1512-01693, 2017 ONCICB 179

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Jo-Anne Hughes
Date: July 15, 2017
Indexed as: (Re) 1512-01693

ORDER

Introduction

1In this case, the Applicant is a Police Officer who claimed that he was assaulted by the Offender during an arrest.

2In this case, the CICB is required to determine whether a crime of violence has occurred as per section 5(a) of the Act, what injury, if any, arose from it, and the relevant circumstances affecting whether or not compensation should be awarded and if so, the amount.

Incident

3In his November 2015 submission to the CICB, the Applicant wrote that on the date of the incident, he was working as a police officer and in the course of his duties, he and his partner went to physically remove the Offender from a vehicle and the Offender resisted. Eventually, they were able to arrest the Offender and after the altercation was over, the Applicant noticed that he was unable to move his right arm so he went to [Name] Hospital for treatment.

Police Report

4The CICB received a report from the [Name] Police Service in support of the Applicant’s claim. Their Reports showed that the Offender punched the Applicant in the face during that incident which caused the Applicant to fall to the ground where his shoulder was dislocated. As a result, Police charged the Offender with mischief and assault peace officer.

5On [date], 2017, the Offender was convicted of assault peace officer and the other charge was withdrawn.

Injuries

6In his submission to the CICB, the Applicant wrote that his right shoulder became dislocated during the incident and he had to go to the Hospital to get his shoulder placed back into its proper location. This was extremely painful for the Applicant and he had to take a desk job for eight weeks while he recovered.

7He attended physiotherapy on a regular basis and he was doing exercises to improve the range of motion of his shoulder as his range-of-motion was limited after the incident which affected his ability to do chin-ups in training for a potential assignment to the tactical unit.

8The Applicant wrote that his injury affected his ability to care for his infant son.

Medical Reports

9The CICB received reports from [Name] Hospital which confirmed the Applicant’s right shoulder was dislocated in this incident and his left jaw was sore.

Analysis and Decision

10Section 11 of the Act states that proof of conviction shall be taken as conclusive evidence that the offence has been committed. The CICB finds that the Applicant is a victim within the meaning of section 5(a) of the Act as a result of a single incident of assault peace officer.

11In assessing compensation for pain and suffering, the CICB has considered the nature of this incident and how it affected the Applicant. In this case, the Applicant was assaulted by the Offender whom he was trying to extract from a vehicle. As a result, the Applicant suffered from a sore left cheek and a dislocated shoulder. The Applicant was unable to work in his regular duties for two months and he was unsure about how long it would take for his full range of motion to return.

12The Applicant’s claim was supported with reports from Police, the courts and [Name] Hospital. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $5,000.00.

Award

13The CICB orders payment as follows:

Section 7(1)(d) Pain and Suffering $5,000.00

TOTAL AWARD $5,000.00

14The 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

15THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $5,000.00