CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Jo-Anne Hughes
Indexed as: (Re) 1610-00178
ORDER
Introduction
1In this case, the Applicant is a police officer who was shot at and pinned down by gunfire from the Alleged Offender over a period of several hours.
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 October 2016 submission to the CICB, the Applicant wrote that he was working as a police officer working for the [Name] Police Service in [location] and he responded to a call where the Alleged Offender was reported to be "suicidal, intoxicated and firing shots from a firearm". During his time at the scene, the Applicant took cover behind a neighbour's residence and was dealing with "random shots" from the Alleged Offender, including several shots directed towards the Applicant as he heard the "zip" sounds of the bullets as they went by. The Applicant was on the scene for over six hours until his backup (an Emergency Response Team) arrived. Later that day, the Applicant was asked to assist in speaking to the Alleged Offender to turn himself in.
Police Report
4The CICB received several reports from the [Name] Police Service in support of the Applicant's claim. The Alleged Offender is the son of the Chief and he was known to Police for a similar incident which occurred over fifteen years ago.
5Throughout this incident, the Applicant was working alone for the first six hours and he had to take cover several times to avoid being shot. The Applicant is an eight year veteran of the [Name] Police Service, the Applicant was well known to the local residents. Shortly after 12:30 am, the Applicant approached the Alleged Offender's house, knocked on the door and window, but received no response, other than a gunshot inside the residence. Over the next several hours, the Applicant assisted several nearby residents to leave their properties as they feared for their safety. During that time, the Alleged Offender yelled threats at the Applicant and shot at him several times. In all, a several dozen rounds were shot by the Alleged Offender.
6When the Applicant was relieved by the [Police] Emergency Response Team at 6:30 am the next morning, they only heard another two shots being fired by the Alleged Offender both around 2:15 pm. Later, after 9:00 pm., the Alleged Offender left his residence and surrendered to Police.
7As a result of their investigation, Police charged the Alleged Offender with the attempted murder of the Applicant, careless use of a firearm, possession of a firearm contrary to a prohibition order, discharging a firearm recklessly and breach of probation.
8On [date], 2016, the Alleged Offender was convicted of everything but the attempt murder charge (which was withdrawn) and he received a five year sentence after considering time-served credit for his pre-trial custody. Also, he received a lifetime weapons ban and his DNA was added to the national offender's registry.
Injuries
9In his submission to the CICB, the Applicant wrote that he stayed in [location] for an additional three days after the incident to work on this case. Then, he was "required" by his employer (the [Name] Police Service) to attend two counselling sessions within seven days of this incident. Then, he was cleared to return to work. His employer gave him eight days off which, in addition to his regular leave, amounted to three weeks off before returning to work.
10The Applicant claimed that he had "severe chest pains" when speaking to the counsellor. Also, now when he speaks of this incident, his chest pains return. He claimed that he has lost motivation for things he enjoyed in the past. He's now less tolerant, easily irritated and he has less emotion. His family members reported that he is easily irritated and when he's alone, he finds himself breaking-down for no apparent reason.
11In a [date] 2016 Victim Impact Statement, the Applicant wrote that he feels that the incident which is the subject of this Order "... probably changed me for the rest of my life." After this incident, he saw fear in community members and he experienced emotional issues, including chest pains and breakdowns. When stressed, his anxiety levels now elevate quickly and he experiences sleep issues where he cannot sleep all night. The Applicant's family noticed a change in his demeanor, where now his is more irritable, lacks emotion and is withdrawn from social activities.
Medical Reports
12The CICB received a Therapy Report, dated [date] 2017, from [Name] who saw the Applicant on two occasions in [date] 2015. The Counsellor confirmed the incident as described by the Applicant. He noted the Applicant was working alone and that during the incident, he had a short panic attack which was unsettling to him.
13The Applicant reported that immediately after the incident, he "... struggled with symptoms of anxiety, which is indicative of a low-grade panic attack." The Counsellor noted that in the short term, the Applicant struggled with issues which included being anxious in stressful situations where he was fatigued and feeling isolated when he had no backup support. The Applicant tried to avoid things related to this incident which helped him work through those issues. In the longer term, the Applicant has continued to experience notable symptoms of anxiety in stressful situations which has had an effect on his marriage. Overall, he improved positively since the incident, but he may require counselling if his issues persist.
Expenses
14In this case, the Applicant had no expense claims and he did not file a claim with the WSIB.
Analysis and Decision
15The fact that there has not been a conviction is not fatal to the Applicant's claim. Section 16(1) of the Act provides that compensation may be awarded whether or not a person has been prosecuted or convicted of the offence giving rise to the injury or death.
16The CICB finds the Applicant, on a balance of probabilities, to be a victim of a crime of uttering threats and therefore, a victim within the meaning of section 5(a) of the Act.
17In assessing compensation for pain and suffering, the CICB has considered the nature of this incident and how it affected the Applicant. In this case, the Applicant was threatened by the alcohol-infused Alleged Offender and shot at several times without being hit. Fortunately, the Applicant was not physically injured. On an emotional level, the Applicant suffered from being less tolerant, easily irritated and he displays less emotion. He suffered from a few panic attacks after the incident and he reported having some chest pains when he recalls details of this incident.
18The Applicant's claim was supported with reports from Police and a Therapist. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $6,000.00.
19Considering the advice of the Applicant's Counselor and based on the Applicant's requirement to enter into therapy in the near future, the CICB authorizes up to $1,200.00 (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 date 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 $1,200.00 amount described above.
Award
20The CICB orders payment as follows:
Section 7(1)(a) Future Pre-Authorized Expense $1,200.00
Section 7(1)(d) Pain and Suffering $6,000.00
TOTAL AWARD (AND COSTS) $7,200.00
Less: Preauthorized treatment costs $1,200.00
TOTAL CURRENT AWARD $6,000.00
21The 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
22THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $6,000.00
DATED at Toronto this 15th day of October, 2017.
Jo-Anne Hughes, Member