CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: M. Saleem Akhtar
Indexed as: (Re) 1804-01229
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 the following forms of compensation: pain and suffering and incident-related future treatment 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 $5,000.00 as pain and suffering compensation and an additional amount of $1,500.00 for future facial scar treatment. The reasons for this Decision follow below.
Hearing
3The Applicant appeared by teleconference and provided his sworn oral testimony. In addition, I considered a police report, the Applicant’s written submissions, treatment / assessment reports and photos of his injuries. I also considered additional documentation submitted by the Applicant in June 2019, which includes the Applicant’s Victim Impact Statement (a letter) and treatment / assessment reports and medical notes prepared and issued by the Physician, Psychologist and Psychiatrist at the Ministry of Community Safety and Correctional Services.
Documentary Evidence
4In his Application to the CICB, the Applicant described that in January 2018, while he was incarcerated at a Correctional Complex, he was assaulted and choked by three male inmates causing him injuries.
5After an investigation of this incident, the Police charged the Alleged Offenders with Assault, Aggravated Assault and Threats to Cause Death. Two of the three Alleged Offenders pled Guilty to Aggravated Assault. The Police report, based on the Correctional Staff advice, indicates that neither party had gang affiliation and that assault was most likely the result of ‘power struggle for control of the Wing’.
6In his Application to the CICB, the Applicant described his injuries as follows: cuts to his face requiring over 65 stitches; wrists’ cuts requiring 13 stitches; 10 scars on his face for which he might have to undergo surgery in the near future; multiple lacerations to his face, nose, shoulders, forehead; cuts to his lower lip and left forearm; experiences chronic headaches, depression; feeling of paranoid; has develiped hyper-vigilance due to constant fear of another assault; feels lack of confidence and relationshiop issues due to facial scars.
Oral Testimony
7In his sworn oral testimony, the Applicant testified that he had a problem with one of the Offenders in 2016. Based on his experience with that Offender, he had advised the Correctional Staff that his safety was in danger. Anyhow, on the day of the incident, the Offenders called the Applicant a ‘rat’ and assaulted him for none of his fault. They put him in a chokehold and slashed his face and other parts of his body with a razor leaving him in a pool of blood. He received more than 20 cuts. He thought at the time that the Offenders would take his life and finish him.
Police Witness Testimony
8The Police Witness who had 15 years of experience in investigation testified that the Applicant was assaulted by three ‘male inmates’ inflicting the Applicant facial injuries. Neither the Applicant nor the Offenders gave statements to the police. He added it is not unusual for the parties involved in an altercation in the correctional environment to refuse giving statements to the police. The Police Witness confirmed that two of the three Alleged Offenders were convicted for Aggravated Assault. He also confirmed that the Applicant did not initiate the incident and did not do anything to provoke the Offenders.
9In terms of his physical injuries, the Applicant testified that he sustained extensive facial injuries that required 65 stitches and another 13 stitches to address his wrists’ cuts. He has at least 7 visible residual facial scars, ranging from one inch to 7 inches. He thought he would be needing facial surgery to treat the scars.
10Regarding his emotional / psychological injuries, the Applicant testified that he experienced nightmares, paranoia, anxiety and developed PTSD and hyper-vigilance due to constant fear of future assault. He has lack of confidence due to facial scars and has difficulty winning and maintaining a relationship with a female. He has no trust in law enforcement. He disclosed that he was thinking of suing Police, Correctional Services and the Attorney General of Ontario.
11In support of his injuries’ claim, the Applicant submitted photos of his physical injuries, treatment / assessment reports from two Hospitals including medical reports / notes from the health professionals at the Ministry of Community Safety and Correctional Servives.
Analysis
Crime of Violence
12As already described above in this Order, there is a conviction for a crime of violence committed against the Applicant. Section 11 of the CVCA states that a conviction is conclusive evidence that an offence had been committed.
Injuries
13To be compensable under the CVCA, the Applicant is required, on a balance of probabilities, to prove that his injuries resulted from the crime of violence.
14I find the Applicant’s injuries resulted from the crime of violence, as is noted in treatment / assessment reports from Hospitals, as already referred to above.
Compensation
Pain and Suffering
15In assessing the claim for pain and suffering, I considered the nature of the assault, and the nature and extent of injuries, both physical and emotional, sustained by the Applicant. I also considered the on-going impact on the Applicant’s overall health, relationships and productivity. I accept the treatment / assessment reports provided and the Applicant’s testimony for the purpose of compensation in this matter.
16It is important to note that the CICB has wide discretion to determine whether or not to award compensation to a victim from public funds (Leung v Ont. (Criminal Injuries Compensation Board) 1995 Carswell (Div.Ct) at para 5). The CVCA is not intended to make a victim for compensation whole or to provide full indemnity to a victim. The CICB is mindful that awards are paid using public funds. They are not paid by the wrongdoer as would be the case if a victim pursued compensation through a civil action. The CICB also considers previous awards made by it in similar fact cases in order to determine a reasonable amount of compensation.
17After reviewing the evidence in its totality, and having regard to all of the above mentioned circumstances of this case, I make an award of $5,000.00 for pain and suffering.
Future Scar-treatment costs
18Having considered the Applicant’s request for scar treatment in the near future, I am awarding the Applicant the sum of $1,500.00 for future scar treatment therapy.
Award
19The CICB orders compensation as follows:
Subsection 7(1)(a) Future Pre-Authorized Expense $1,500.00
Subsection 7(1)(d) Pain and suffering $5,000.00
Total Current Award $6,500.00
Payment
20The CICB orders the following be paid immediately to:
Applicant $6,500.00
Dated at Toronto on July 22, 2019
____________________________
M. Saleem Akhtar, Board Member