The appellant appealed a decision of the Criminal Injuries Compensation Board denying her claims for funeral expenses and nervous shock following the murder of her son.
The Board had denied the claims under s. 17(1) of the Compensation for Victims of Crime Act, finding the son's death was a direct result of his involvement in illegal drug transactions.
The Divisional Court allowed the appeal, holding that the Board erred in law by failing to undertake a proportionality analysis between the victim's alleged conduct and the offenders' criminal conduct.
The matter was remitted to a differently constituted Board for rehearing.
