CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Veda Rangan
Indexed as: (Re) 1310-94081
ORDER
INTRODUCTION
1The Applicant is seeking financial compensation from the Criminal Injuries Compensation Board (CICB) in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). The Applicant is seeking counselling expenses, as a result of emotional trauma resulting from the death of her son, who was murdered. The Applicant has also submitted receipts for cremation and monument. The incidents were reported to the Police and resulted in conviction on charges of first degree murder. The Offender was sentenced to 25 years custody.
DECISION
2The CICB approves the claim for bereavement counselling and awards the Applicant the sum of $2,400.00 for future counselling and $552.00 for monument and cremation expenses for the reasons set out below.
ISSUES
3A conviction may be taken as conclusive evidence that an offence has been committed pursuant to section 11 of the Act.
4The Applicant must provide reliable evidence to support her claims for:
a. expenses actually and reasonably incurred as a result of the injury pursuant to subsection 7(1)(a) of the Act. The Applicant is claiming $100.00 for cost of cremation [Town] and $452.00 for [Name] Monuments for which she had proffered receipts.
b. The Applicant is also requesting cost of bereavement counselling.
HEARING
5The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Documentary Evidence
6The CICB received the following documents with respect to the claim:
Police Report dated [date], 2017,
Victim impact statement dated [date] 2017,
Therapy Report from [Name], the Psychotherapist, and
copies of expense claims and receipts for counselling.
Police Report
7On [date], 2013 Police was dispatched to the home of the Victim and found the body on the floor. There was blood everywhere and over the Victim’s body. Once the body was turned over, signs of trauma were discovered to the head of the Victim. Foul play was not ruled out. Statements were taken for different parties. The Offender was handcuffed and shackled, searched and placed in a police cruiser. The Report states that the Offender was arrested for first degree murder on the strength of an arrest warrant.
Victim Impact Statement
8In her victim impact statement the Applicant states that after the death of her son she felt scared and nervous. She shut down and was hospitalised for 9 days due to stress. When the Offender was finally arrested, the Applicant felt angry and wanted to do to him what he had done to her son. Then she felt terrible for thinking this way.
9She has been in counselling since she had moved from an area where she lived for 32 years. She regrets not having said goodbye to her son and hence feels a sense of regret and loss. However, in conclusion she states
I feel like I am starting to get my life in order. I have people in my life who are praying for me and my family and this is getting me through the trial. For my own sake, I need to say to [Offender] "I forgive you". This is the only way I can move on with my life.
ANALYSIS AND DECISION
10For the following reasons the CICB grants the Application.
11Based upon the evidence provided and the Offender’s conviction in respect to the incident, the CICB is persuaded that the Applicant had suffered a traumatic experience as a result of her son’s demise. Evidence also indicates other traumas in her life that have contributed to the emotional upheaval exacerbated by this murder.
12The CICB considered the Applicant’s claims in respect to cost of cremation internment at $100.00 and monument cost at $452.00, for which receipts were provided. The CICB finds such costs to be both reasonable and within the context of the Act and will therefore award $552.00 for such costs.
13Based on the Applicant’s stated intention to enter into bereavement counselling 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 (unless the CICB already has a copy on file). These sessions can only be accessed when the therapy sessions are not covered by other sources, such as the Applicant’s place of employment or insurance benefits. 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 time that the Applicant submitted his 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 $2,400.00 amount described above.
AWARD
14The CICB orders payment as follows:
Subsection 7(1)(a) Expenses(cremation internment) $ 100.00
Subsection 7(1)(a) Expenses(monument) $ 452.00
Subsection 7(1)(a) Future Pre-Authorized Expense $2,400.00
TOTAL AWARD (AND COSTS) $2,952.00
Less: Preauthorized treatment costs -$2,400.00
TOTAL CURRENT AWARD $ 552.00
PAYMENT
15THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $552.00
DATED at Toronto, this 30th day of September, 2017.
Veda Rangan, Member