Re 1605-03618, 2017 ONCICB 30

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: George Berrigan

Date: February 10, 2017

Indexed as: (Re) 1605-03618

ORDER

Introduction

1The Applicant asks the Criminal Injuries Compensation Board (CICB) to compensate him for injuries resulting from a crime of violence which occurred on the above date in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). He claims compensation in the form of pain and suffering as a result of being physically assaulted by the Offender. At the time the Applicant was employed as a corrections officer.

2The Offender was found guilty of Assault Casing Bodily Harm contrary to section 267(b) of the Criminal Code. He was sentenced to a custodial term.

Issue

3The issue before the CICB is whether or not the Applicant suffered any injury as a result of a crime of violence within the meaning of subsection 5(a) of the Act. If the answer is in the affirmative, the CICB must determine whether the Applicant is compensable and what the appropriate amount of compensation will be.

Analysis and Decision

4The information described herein is based on the information contained in the Application and in the appended documents including the Police Reports, institutional reports and reports from the Applicant’s Family Physician and Emergency Room Physician. The CICB has also examined the submitted photographs and considered further correspondence submitted to the CICB on [date], 2017.

5The Applicant was a seasoned correctional worker working in the segregation unit of the [Name] Correctional Centre. The Offender was known for violent and unstable behaviour. The Applicant was escorting the Offender back to his cell from the shower facilities. Unprovoked, the Offender struck the Applicant to the left side of the head knocking him to the floor. At the time the Offender was holding a plastic cup containing toiletries. Other officers ran to the Applicant’s assistance and restrained the Offender after a struggle. The Offender apparently did not like the rules on the cell range.

6The Applicant incurred two cuts to the left side of the head. The photographs depict prominent injuries. One required four sutures, the other eleven. The sutures were removed approximately one week later. The Applicant was off work, covered by WSIB benefits, for a 19 day period. In addition to the cuts the Applicant had bruising to the side of his face. He states his confidence was shaken by the assault. He has a noticeable dent and scar to the left side of his forehead. He found it difficult explaining to friends and family what occurred. The Applicant states it was important that he return to work in the segregation unit as soon as possible and did return once the sutures were removed.

7Section 11 of the Act states that proof of conviction shall be taken as conclusive evidence that the offence has been committed. The CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act.

8In arriving at an award for pain and suffering the CICB first considers the nature of the crime of violence. The Applicant was conducting his duties as a peace officer when he was “sucker” punched to the side of the head. The blow was of sufficient force that it knocked him to the floor. The Offender was a violent individual in the segregation unit.

9Next, the CICB considers the degree/nature of injuries suffered. The Applicant incurred two prominent gashes to the side of the head that required a total of 15 sutures to close. He has a residual scar and dent to his forehead. He states his confidence was shaken after the assault.

10In consideration of the foregoing the CICB awards the Applicant $4,500.00 for pain and suffering.

Award

11The CICB orders payment as follows:

Section 7(1)(d) Pain and Suffering $4,500.00

TOTAL AWARD $4,500.00

12The 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

13THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $4,500.00