CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Maija Laitinen
Indexed as: (Re) 1312-94458
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 lost wages as well as bereavement counselling. The Applicant received $1,000.00 in funding from the Victim Quick Response Program (VQRP) for bereavement counselling.
ANALYSIS AND DECISION
3There 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 finds that the Applicant is eligible for up to $1,500.00 in bereavement counselling and further awards him $350.00 for lost wages.
4The CICB generally awards compensation only in respect to actual income loss, that is, those situations whereby an applicant’s regular earnings were not covered by other benefits such as sick leave, vacation time, or other discretionary leave credits. The Applicant has claimed three weeks of lost wages from two different employers, the [Employer 1]] and the [Employer 2]. The records from the Employer 1 indicate that he was paid 3 days of bereavement leave [dates] and 10 days of vacation leave [dates]. He was on an unpaid leave from [dates](5 days). The records from the Employer 2 indicate that he was paid bereavement leave [dates] and vacation leave [dates]. He was on an unpaid leave from [dates](2 days).
5It is the CICB’s practice to reimburse income loss to a maximum of $50.00 per day and having considered the particular circumstances of this case, the CICB finds no compelling reason to deviate from that practice. Accordingly, the CICB awards $350.00 for income loss (7 days @ $50.00 per day).
6To assist the Applicant in addressing the grief and distress associated with the loss of his son, the CICB authorizes up to $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 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 $1,500.00 amount described above.
7The CICB offers the Applicant its sincere condolences for the tragic loss of his son. The 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
8The CICB orders payment as follows:
Subsection 7(1)(a) Future Pre-Authorized Expense (Future Counselling) $1,500.00
Subsection 7(1)(b) Loss of Income $ 350.00
TOTAL AWARD: $1,850.00
Less: Preauthorized treatment costs – future counselling $1,500.00
TOTAL CURRENT AWARD $350.00
PAYMENT
9THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $ 350.00
DATED at Toronto this 2nd day of October, 2017
Maija Laitinen, Member