CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Maija Laitinen
Indexed as: (Re) 1312-94452
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”) in relation to a homicide that occurred on [date], 2013. The Applicant’s son was fatally shot at a backyard barbecue outside of his apartment complex. The Offender was charged with first-degree murder and was ultimately convicted of second-degree murder on [date], 2016 following a guilty plea. On [date], 2016, the Offender was sentenced to life imprisonment with parole ineligibility for 13 years.
2The Applicant is seeking compensation for funeral and burial expenses as well as bereavement counselling. The Applicant received $5,000.00 from the Victim Quick Response Program (VQRP) as a contribution toward funeral expenses. Based on a careful review of the receipts in the file, the total funeral expenses paid were $13,244.66 ($5,000.00 of which were covered by the VQRP and the Applicant paid the remaining $8,244.66). The total burial costs were $12,797.55, which were also paid by the Applicant. The burial expenses include a $4,054.44 monument upgrade.
3The Applicant also received VQRP funding for 10 bereavement counselling sessions.
4After the VQRP funds were exhausted, she applied to the CICB for interim funding to allow her to continue bereavement counselling. Pursuant to two separate interim orders, dated February 10, 2014 and September 9, 2015, the CICB authorized a total of $1,500.00 for bereavement counselling.
ANALYSIS AND DECISION
5There is no question in this case that the Applicant’s son was the victim of a crime of violence within the meaning of section 5(a) of the Act. In the circumstances, the CICB awards the sum of $10,000.00 as a contribution toward funeral expenses.
6Section 7(1)(a) of the Act provides that compensation may be awarded for “expenses actually and reasonably incurred or to be incurred”. Excluding the monument upgrade, the Applicant paid $16,987.77 in funeral and burial expenses. It is the CICB’s usual practice to award up to a maximum of $10,000.00 in funeral and burial expenses. In the particular circumstances of this case and having found no reason to deviate from its usual practice, the CICB finds this amount to be reasonable and within the context of the Act.
7On February 10, 2014, the CICB authorized interim funding for bereavement counselling in the amount of $1,000.00. On September 9, 2015, the CICB authorized an additional $500.00 for bereavement counselling. On May 17, 2017, the Applicant contacted the CICB and authorized her Therapist to speak to the CICB on her behalf. Her Therapist advised that the Applicant was in need of additional counselling.
8In all of the circumstances and to further assist the Applicant in addressing the grief and distress associated with the loss of her son, the CICB authorizes an additional $1,500.00 (exclusive of taxes) for bereavement 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 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 $1,500.00 amount described above.
9The CICB offers the Applicant its sincere condolences for the tragic loss of her son.
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.
AWARD
11The CICB orders payment as follows:
Subsection 7(1)(a) Expenses (Section 14 Interim Award) $ 1,000.00
Subsection 7(1)(a) Expenses (Section 14 Interim Award) $ 500.00
Subsection 7(1)(a) Expenses (Future Counselling) $ 1,500.00
Subsection 7(1)(a) Funeral and Burial Expenses $10,000.00
TOTAL AWARD: $13,000.00
Less: Section 14 Award – already paid/authorized $ 1,500.00
Less: Preauthorized treatment costs – future counselling $ 1,500.00
TOTAL CURRENT AWARD $ 10,000.00
PAYMENT
12THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $10,000.00
DATED at Toronto this 2nd day of October, 2017
Maija Laitinen, Member