CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Keith Forde
Date: May 27, 2019
Indexed as: (Re) 1612-00752
DECISION
Introduction
1The Applicant applied to the Criminal Injuries Compensation Board (CICB) seeking compensation for a death resulting from a crime of violence. The Applicant is seeking the following forms of compensation funeral and burial expenses.
Decision
2In accordance with the Compensation for Victims of Crime Act, RSO 1990, c.C24, as amended (CVCA), the CICB grants the Application and awards the Applicant $1,525.43 for the cost of the following: Grave marker, monument, clothing for deceased victim, easel and picture frame and care and maintenance of flat marker. The reasons for this Decision follow below.
3I denied the following claim: Cost of return airline tickets of $2,363.06 to fly the deceased victim’s father from West Africa to Canada and tuition fees the Applicant had paid on behalf of the deceased victim, who was attending university in Canada, in the nation’s capital.
Hearing
4The hearing was conducted in writing on April 23, 2019, on the basis of the materials contained in the Applicant’s file. The CICB received the following documents with respect to the Applicant’s claim: police reports, court documents, certificate of birth for the deceased victim from the Federal Republic of Nigeria, an invoice from the funeral home of payments to the funeral home from VQRP and an insurance company, itemized receipts for outstanding miscellaneous expenses and receipt for Revenue Canada from Ottawa University for 2016 tax year confirming payment of $21,544.56 for 2013-2014 school year and $21,863.35 for 2015-2016 school year and media reports.
Evidence
5The police report reveals that the deceased victim was an international student studying at a university in the nation’s capital; when he was out socializing with his friends on the evening of […]. It has been alleged that the deceased victim apparently danced with the Offender’s girlfriend, causing the Offender to be jealous.
6Sometime in the late evening, the deceased victim left the bar with his friends and was waiting outside for a taxi to take him home when the Offender approached him and stabbed him in his neck with a broken bottle. The deceased victim later died in the hospital from his injuries. The Offender was arrested and charged and was subsequently found guilty of manslaughter in relation to the deceased victim.
Issues:
7The CICB must determine the following:
- Whether the Deceased Victim was the victim of a crime of violence within the meaning of Section 5(a) of the CVCA.
- If so, whether the Applicant should be compensated for the claimed expenses.
Analysis
Crime of Violence
8Section 11 of the Act, states that proof of conviction shall be taken as conclusive evidence that the offence has been committed.
9Having considered the evidence presented, I find that the Deceased Victim was the victim of a crime of violence within the meaning of Section 5(a) of the CVCA.
Expenses
10It is not the usual practice of the CICB to cover the cost of airline tickets and tuition fees, having found no compelling reason to deviate from this practice, I deny the Applicant’s claim in this regard.
11The CICB is, however, prepared to award the following compensation as the Applicant has provided reliable evidence to support the following claims: Grave marker, monument, and clothing for deceased victim, easel and picture frame and care and maintenance of flat marker based on the estimates submitted. The CICB will reimburse the Applicant $1,525.43 to cover these expenses.
Award
12The Board orders compensation as follows:
Subsection 7(1)(a) Funeral expenses $ 1,525.43
TOTAL AWARD $ 1,525.43
Payment
12The CICB orders the following be paid immediately to:
Applicant
$ 1,525.43
Dated at Toronto on May 27, 2019
_______________________________
Keith Forde, Board Member