CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Louise Charette
Date: September 13, 2019
Indexed as: (Re) 1805-01791
DECISION
Introduction
1The Applicant applied to the Criminal Injuries Compensation Board (CICB) seeking compensation for injuries resulting from a crime of violence. The Applicant is seeking compensation for pain and suffering as well as funds for future therapy.
Decision
2In accordance with the Compensation for Victims of Crime Act, RSO 1990, c.C24, as amended (CVCA), the CICB partially grants the Application and awards the Applicant $3,000.00. The reasons for this Decision follow below.
Hearing
3The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Preliminary issues
4The Applicant advised the Board in June of 2018 that she wished to withdraw her claim for childhood sexual abuse. As such, the Solicitor was advised that the claim would proceed in relation to the single crime of violence only.
Evidence
5The Applicant writes that she was a victim of a single incident stemming from a careless use of a firearm.
6The evidence on file suggests that on the day of the incident the Applicant was at home sitting in the living room when she heard two shots fired. She reports that a third bullet went through her kitchen window and landed on her coffee table. At this point her daughter observed an individual outside running out of the courtyard. Police were contacted.
Police records
7The police synopsis notes that there was a dispute between two groups of individual, in the courtyard outside the Applicant’s residence and as a result, gunshots were exchanged. The police confirm a stray bullet went through the Applicant’s window into her kitchen. The police questionnaire notes that at the time of the report, no suspects had been identified.
Injuries
8The Applicant writes that as a result of this incident, she suffers from extreme sadness, she experiences bouts of crying and isolation. She also notes that she does not feel safe, fears she is being watched or targeted and has sleeping difficulties. Further, it was also noted that she has recurring thoughts of the incident and is triggered by images of violence. The Applicant points out increased anxiety and associated breathing difficulties, suicidal ideation and affected relationships as her children avoid her home out of fear.
9It should also be noted that the evidence on file suggests some of these injuries were pre-existing and related to trauma from her childhood.
10The Applicant did not provide medical or treatment records in support of her claim. As the Applicant had listed ongoing medical care from her family doctor, a medical report was issued for her family doctor and re-sent to the Applicant. This information had not been submitted at the time of the hearing.
Analysis
Crime of Violence
11There was no conviction in respect of this incident. Section 16(1) of the CVCA provides that compensation may be awarded whether or not a person has been prosecuted or convicted of the offence giving rise to the injury.
12The Applicant is required to prove, on a balance of probabilities, not only that she was a victim of a crime of violence but also that the injury resulted from the crime. In this case, the Compensation for Victim of Crime Act, in section 5(a) specifically includes section 86 of the Criminal Code. Section 86 deals with Careless Use of a Firearm. Accordingly, this claim is eligible for compensation.
13I find that some of the Applicant’s injuries resulted from the crime of violence. Although there was some pre-existing condition in relation to childhood trauma, the Board determined that as a result of this crime of violence the Applicant suffered from the following psychological/emotional injuries; triggers and recurring thoughts of the incident, nightmares and sleep difficulties, fears, feeling unsafe, increased anxiety and some isolation.
Compensation
Pain and Suffering
14In assessing the claim for pain and suffering the CICB considered the Applicant’s injuries.
Past expenses
15The Applicant noted $1,200.00 in expenses in the application however it is unclear if this is in relation to past treatment. That being said, the Board is unable to consider this expense as no receipts were provided.
Future counselling
16The claim for funds for future therapy is denied. An interim order was issued August 31, 2018 awarding the Applicant $750.00 for therapy cost which is in effect for a period of 36 months. The information on file at the time of the hearing is that none of these funds had been utilized. In addition, the evidence indicates that other factors have contributed to the Applicant’s overall emotional difficulties and need for treatment. These other traumas in her life that are not before the Board at this time.
Award
17The CICB orders compensation as follows:
Subsection 7(1)(a) Therapy (S.14)
$ 750.00
Subsection 7(1)(d) Pain and Suffering
$ 3,000.00
Total Award (and Costs)
$ 3,750.00
Less: Section 14 Award – already paid/authorized
$ -750.00
Total Current Award
$ 3,000.00
Payment
18The CICB orders the following be paid immediately to:
Applicant
$ 3,000.00
Dated at Toronto on September 13, 2019.
Louise Charette, Board Member