CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: James Graham, Julie Lassonde
Indexed as: (Re) 1711-03664
DECISION
INTRODUCTION
1The Applicant applied to the Criminal Injuries Compensation Board (CICB) seeking bereavement counselling for each of her four children as the result of the murder of their father that occurred on [...].
DECISION
2In accordance with the Compensation for Victims of Crime Act, RSO 1990, c C24, as amended (CVCA), the CICB grants the Application. Our reasons for this Decision follow below.
HEARING
3The Applicant appeared by teleconference and provided oral testimony and submissions.
Evidence
4The Applicant testified that the father of her four children, the deceased victim, was shot and killed on [...]. She was not living with him at the time of his death.
5Police information in the file confirmed that the deceased was shot and died of his injuries. The shooter has not been identified.
6The applicant advised the CICB that the children of the deceased occasionally saw their father, at their birthdays for example, and have been very upset by his passing.
7The Applicant produced no evidence other than her word that her four children were in fact the children of the deceased.
8The Board reserved its decision in order to allow the Applicant time to provide satisfactory evidence of the paternity of her children.
9The Applicant has since provided the following documents:
- Unsigned letters purporting to be from two of the deceased`s brother confirming the paternity of the four children.
- An unsigned letter purporting to be from the deceased`s mother confirming the paternity of the four children.
- An unsigned letter purporting to be from one of the deceased’s daughters confirming that he was her father.
- A signed letter from the deceased`s son confirming that he was his father.
ANALYSIS
Crime of Violence
10Section 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 injuries.
11Based upon the police documents in the file, the CICB finds that the deceased was a victim of a crime of violence.
12Based upon the Applicant’s testimony and the letters she sent to the Board, including the signed letter of her son, the Board finds on a balance of probabilities that each of her four children are children of the deceased.
Compensation
Bereavement Counselling
13The CICB authorizes up to $1,200.00 (exclusive of any applicable taxes) for counselling expenses for each of the Applicant and deceased`s 4 children 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 CICBs 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(s) and the required verification(s) from the applicant.
AWARD
14The CICB orders compensation as follows:
Subsection 7(1)(a) Future Pre-Authorized Expense $1,200.00
Subsection 7(1)(a) Future Pre-Authorized Expense $1,200.00
Subsection 7(1)(a) Future Pre-Authorized Expense $1,200.00
Subsection 7(1)(a) Future Pre-Authorized Expense $1,200.00
TOTAL AWARD $4,800.00
Less: Preauthorized treatment costs $4,800.00
TOTAL CURRENT AWARD $nil
Dated at Toronto, Ontario this 21st of January 2019.
James Graham, Member
Julie Lassonde, Member