Criminal Injuries Compensation Board
Adjudicator: Jo-Anne Hughes
Indexed as: (Re) 1509-00824
ORDER
Introduction
1In this case, the Applicant is seeking funding for bereavement counselling with respect to the alleged murder of his brother, [Victim], on [date], 2013. The CICB offers its sincere condolences for this senseless loss under such terrible circumstances.
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 August 2015 submission to the CICB, the Applicant wrote “My brother died, he got shot … that night ended … no more […].”
Police Report
4The CICB received a report from the [Name] Police Service in support of the Applicant’s claim which confirmed that the [age] Victim’s demise was caused by the accidental discharge of a firearm. Police wrote that at the time of the incident, the Victim was sitting in a bedroom with three other people in an apartment across the road from the Victim’s family apartment. The Young Offender came into the room with a loaded shotgun and while playing with it, the gun accidentally discharged, hitting the Victim in the neck.
5Police received the 911 call about a shot being fired in an apartment at 23:49 late in the evening of [date], 2013. When they arrived at the scene, the apartment was vacant except for the unresponsive Victim who was suffering from a gunshot wound to his neck. Police provided medical assistance to the Victim until EMS and Firefighters arrived. He was transported by an emergency run to [Hospital] where doctors tried to save his life until he was pronounced deceased at 1:55 a.m.
6As a result of their investigation, the Young Offender was charged with manslaughter and four other firearm-related offences. On [date], 2014, he pled guilty to manslaughter and was sentenced to 278 days of pre-sentence custody plus 51 days of open custody and 627 days of conditional supervision. His DNA was added to the national offender’s databank and he was prohibited from possessing weapons for ten years. The firearm charges were withdrawn by the Crown.
Injuries
7The Applicant did not describe any injuries which he had as a result of this experience.
8On June 24, 2017 the CICB received a Discharge Summary report, dated [date], 2016, from Dr. [Name] at [Name] Hospital. The Applicant was released after a two week stay with a diagnosis of bipolar disorder, mania and cannabis dependence. This Report noted that the Applicant has a medical history of heavy cannabis use, first presenting to [Name] General Hospital in 2012 with subsequent presentations to the Emergency and Inpatient Unit at [Hospital] – with the most recent being April 2015.
9In 2016, when the Applicant was managed to the point of being “non-certifiable”, he was released with medications to manage his bi-polar disorder and mania.
Analysis and Decision
10Considering the available evidence, the CICB finds that the Victim is a victim of a crime of violence under the Act, and the CICB finds that the Applicant is eligible for bereavement counselling to assist with his grief at the tragic loss of his brother.
11Based on the Applicant’s stated intention to enter into therapy in the near future, the CICB authorizes up to $2,400.00 (exclusive of any applicable taxes) for counselling expenses to be paid directly to a qualified treatment provider upon receipt of a Curriculum Vitae outlining the credentials of the service provider. Therapy sessions must be completed within 36 months of receipt of this Order. It is the CICB’s practice to award up to $100.00 per session for therapy, or up to $125.00 per session for registered psychologists. Payment may be made directly to the treatment provider on a monthly basis, upon submission of an invoice and the required verification from the Applicant. The CICB may also consider therapy expenses that were incurred between the date that the Applicant submitted her final set of documents to the CICB and the receipt of this Order. If there are such expenses, the CICB will deduct these from the pre-authorized $1,800.00 amount described above.
Award
12The CICB orders future payment as follows:
To an Approved Therapist: Section 7(1)(a) Expenses
(future therapy costs) to a maximum of: $,2,400.00
TOTAL PRE-AUTHORIZED FOR FUTURE COUNSELLING: $2,400.00
Less Pre-authorized future counselling $2,400.00
TOTAL CURRENT AWARD NIL
DATED at Toronto this 16th day of August, 2017.
Jo-Anne Hughes, Member