CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Keith Forde
Indexed as: (Re) 1601-01946
ORDER
Introduction
1The Applicant asks the Criminal Injuries Compensation Board (CICB) to compensate him for injuries resulting from an alleged crime of violence which occurred on [date], 2015 in accordance with the Compensation for Victims of Crime Act, R.S.O. 1990, c. C.24, as amended (the “Act”). He is seeking compensation for pain and suffering incurred when he was attempting to place the Offender in the police scout car and when the Applicant delivered a distraction strike to the Offender’s mid-section, resulting in the injury.
2The Offender was charged with assaulting a peace officer, assault with intent to resist arrest and fail to leave premises when directed. He was convicted of assaulting a peace officer and assault with intent to resist arrest and sentenced to 30 days in jail in addition to his 15 days pre-sentence custody. He was placed on 12 months’ probation, section 109 and DNA order.
Decision
3The CICB awards the Applicant $3,000.00 for pain and suffering for the reasons set out below.
Issues
4The Applicant is required to prove, on a balance of probabilities, not only that he was a victim of a crime of violence, but also that as a result of this crime of violence, he suffered an injury pursuant to section 5(a) of the Act;
Whether or not the Applicant is compensable under 5(b) of the Act;
The CICB must assess all relevant circumstances and whether or not compensation should be awarded and if so, the amount.
Evidence
The Applicant’s Evidence
5The following is a summary of the facts and circumstances taken from the Applicant’s Application information and from the [Name] Police Service’s synopsis to the CICB.
6On [date], 2015, police officers, including the Applicant, attended an address on [Street] in regards to unknown trouble/unwanted guest radio call. The complainant initially contacted police at 01:57 hours, requesting assistance for the removal of the Offender from her residence. The Offender was intoxicated by drugs and alcohol at this time and refusing to leave her apartment. When officers arrived, the Offender was escorted out of the apartment and off the premises without incident.
7At 05:30 hours the Offender returned to the address on [Street]. Police attended the call again for the second time and arrested the Offender for “Failure to Leave Premises When Directed.” The Applicant was attempting to kick the complainant’s front door down.
8The Offender was uncooperative and assaultive towards the arresting officers and it was at this time that the Applicant suffered a broken right hand; he suffered a fracture of the fifth metacarpal bone. The injury occurred as police officers were attempting to place the Offender in the police vehicle and when the Applicant delivered a distraction strike to the Offender's mid-section, resulting in the injury.
9The Applicant also provided the CICB with various documents in support of his claim.
10The CICB was in receipt of Medical Reports from [Name] Health Centre confirming that the Applicant suffered a transverse minimally displaced and moderately angulated fracture of the right fifth metacarpal distally. The CICB is in receipt of the follow-up Medical Reports from the Hospital fracture clinic.
11The Applicant was treated with closed reduction and an ulnar gutter type cast which he wore for five weeks.
Injuries
Physical
12The Applicant noted in his Application to the CICB the following:
- Broke 5th metacarpal in right hand (right hand dominant)
Psychological/Emotional
Stress from inability to do daily tasks while hand healed; and
Sleep and relationship issues.
Analysis
13The Applicant was injured trying to arrest the Offender for damaging or attempting to damage the complainant’s door and for assaulting another peace officer.
14Prior to any consideration of compensation, the CICB must determine whether the Applicant, as a peace officer in the line of duty, was injured in the process of arresting the Offender for an offence against a person. In reviewing the circumstances of this incident, the CICB notes that in the Applicant’s statement, he noted (1) that the Offender was attempting to kick the complainant’s door down and (2), the Offender attempted to head butt another officer in his face.
15In consideration of the totality of the documentary evidence, including the information from the Applicant, the [Name] Police Service and the relevant medical evidence, the CICB is persuaded that there is sufficient credible and reliable documentation to conclude that the Applicant suffered an injury in attempting to arrest the Offender for crimes involving the property of others (the complainant’s door) and assaults on individuals other than the Applicant (i.e. other Police Officers). Accordingly, the CICB concludes that the Applicant is compensable within the meaning of section 5(b) of the Act which reads:
- Where any person is injured or killed by an act or omission in Ontario of any other person occurring in or resulting from,
(b) Lawfully arresting or attempting to arrest an offender or suspected offender for an offence against a person other than the Applicant or his or her dependent or against such person’s property, or assisting a peace officer in executing his or her law enforcement duties….
16The Applicant has contended that his right hand range of motion can be affected as a result and most likely never be the same as it was before. While mindful that the Applicant has suffered some possible permanent loss in his range of motion on his right hand, the medical evidence before the CICB shows that the Applicant broke his 5th metacarpal in right hand which is his dominant hand with the prognosis for full recovery.
17In consideration of the nature of the Applicant’s injuries, his period of convalescence, and the potential for some permanent loss of some flexion on his right dominant hand. The CICB assesses compensation for pain and suffering in the amount of $3,000.00.
Award
18The CICB orders payment as follows:
Section 7(1) (d) Pain and Suffering $3,000.00
TOTAL CURRENT AWARD $3,000.00
19The 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
20THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $3,000.00
DATED at Toronto this 25th day of July, 2017
_____________________________________
Keith Forde, Member