(Re) 1610-00253, 2017 ONCICB 114

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Keith Forde

Date: May 03, 2017

Indexed as: (Re) 1610-00253

ORDER

Introduction

1The Applicant asks the Criminal Injuries Compensation Board (CICB) to compensate him for injuries resulting from a crime of violence which occurred on [date], 2016, in accordance with the Compensation for Victims of Crime Act, R.S.O. 1990, c. C.24, as amended (the “Act”). He is seeking compensation for pain and suffering incurred from one act of flight while pursued by a peace officer, perpetrated by the Offender.

2The Offender pled guilty to one count of flight while pursued by peace officer and was sentenced to 735 days in Jail in addition to 36 months pre-sentence custody and 5 years weapons Prohibition.

Decision

3The CICB awards the Applicant $7,000.00 for pain and suffering for the reasons set out below.

Issues

4In this case, with respect to section 5(a) of the Act, there is no question that the Applicant was a victim of a crime of violence as proven through the conviction described above. As a result, the CICB does not have to make a finding as to whether a crime of violence occurred.

a) The CICB must assess all relevant circumstances and whether or not compensation should be awarded and if so, the amount.

Evidence

The Applicant’s Evidence

5The following is a summary of the facts and circumstances taken from the Applicant’s Application information and from the [Name] Regional Police Services correspondences to the CICB.

6On [date], 2016, the Applicant who is a police officer with [Name] Regional Police Service was operating a marked police vehicle on regular patrol. At this time the Applicant received information over his police radio from plain clothes officers that a stolen vehicle was in the area of [location] in the [Town].

7The Applicant was in the area of [location] at the request of the plain clothes officers. The Offender, who was known to the Police, has a history of property related offences including vehicle thefts. Plain clothes officers requested a uniform officer conduct a traffic stop on the motor vehicle being operated by the Offender. At this time, the motor vehicle left the residential area and proceeded northbound onto [Name] Street. The Applicant, upon hearing the plain clothes request, volunteered to assist in stopping the Offender’s vehicle.

8At approximately 2:11 pm, the Applicant was driving the marked police vehicle eastbound on [Name] Street in the [Town] and was behind the vehicle the Offender was driving, the Applicant activated the emergency lights on his vehicle just prior to entering the on ramp of the [Highway] westbound, in an attempt to stop the Offender’s motor vehicle. Upon observing the Applicant, the Offender began driving his motor vehicle in an erratic manner in an attempt to evade Police, driving at excessive speeds, weaving back and forth between lanes on the highway. The Offender then suddenly used the motor vehicle to push the Applicant’s police vehicle off the roadway. As a result, the Applicant’s vehicle left the roadway hitting the ditch area. The motor vehicle the Offender was operating rolled onto the driver side and the Offender exited through the passenger window and fled from police on foot. However the Offender was soon apprehended.

9The Applicant was then transported to [Name] Hospital with fractured ribs. The Applicant also provided the CICB various documents in support of his claim.

10The CICB was in receipt of a Medical Report from [Name] Hospital which noted that the Applicant present with the following:

PATIENT WAS THE DRIVER, ALONE IN A CAR; PATIENT WAS RUN OFF THE ROAD DURING A HIGH SPEED PURSUIT. VEHICLE SLID INTO A DITCH, SPUN AROUND 360 DEGREES IN THE PROCESS, BUT DID NOT FLIP. PATIENT WAS WEARING A SEAT BELT. PASSENGER COMPARTMENT WAS INTACT. NO AIRBAG DEPLOYMENT., VEHICLE WAS POSSIBLY ON ITS SIDE, CAME TO REST ON WHEELS, NEVER ACTUALLY ROLLED OVER. PATIENT PAIN COMPLAINDEDOF LEFT CHEST, LEFT HIP AND LEFT SIDE OF FACE. NO LOC. RETROGRADE AMNESIA. NOT AMBULATORY ON SCENE.

11The Applicant complained of decreased level consciousness, and amnesia regarding event, headache and neck pain. An x-ray showed an undisplaced fracture of the anterior portion of the left seventh rib.

12The CICB was in receipt of a Medical Report from the Applicant’s Family Physician which noted that the Applicant present with a broken left rib, bulged disc, concussion, and complaint of head, neck and chest pain. Dr. [Name] recommended physiotherapy and chiropractic treatment and noted that the Applicant’s prognosis was good.

Injuries

Physical

13The Applicant noted in his Application to the CICB that after the incident he suffered from the following physical and psychological injuries:

• Multiple contusions;
• Blurred vision;
• Headaches;
• Bruised rib cage;
• Hip pain; and
• Neck and back pain.

Psychological/Emotional

• Disrupted sleep; and
• Concentration issues.

Analysis

14Section 11 of the Act states that proof of conviction shall be taken as conclusive evidence that the offence has been committed. The CICB finds that the Applicant was subjected to a crime of violence as defined by section 5(a) of the Act as a result of an act of flight while pursued by a peace officer committed on [date], 2016 by the Offender.

15Having considered the evidence presented in the Applicant’s application and the police information, the CICB is persuaded that the Applicant suffered physical and psychological/emotional injuries as a result of crime of violence. The CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act.

16The CICB accepts that the Applicant suffered physical and psychological injuries and the related symptoms that are described by the Applicant in the documentary information submitted to the CICB. The CICB also accept that the Offender’s crime was the contributing factor to the Applicant’s ongoing psychological injuries.

17In assessing compensation for pain and suffering, the CICB has considered the totality of the evidence of injury, including the Applicant’s documents, the Police synopsis and the medical information on file. The CICB was mindful of the circumstances of this incident and emotional injuries suffered by the Applicant and considered the following aggravated facts:

• That the Applicant was a peace officer who was in lawful execution of his duties; That the Offender wilfully used his vehicle to injure or cause death to the Applicant; That the Applicant suffered from both physical and psychological injuries;
• That medical intervention was required; and
• That there has been considerable impact on the Applicant’s health, productivity, relationship and general emotional state.

18Having considered these factors, the CICB now awards the Applicant $7,000.00.

Award

19The CICB ORDERS the payment as follows:

Section 7(1) (d) Pain and Suffering $7,000.00

TOTAL AWARD (AND COSTS) $7,000.00

20The CICB recognizes that no amount of money can adequately compensate victims for the injustice they have suffered but also finds the amount of the award to be reasonable within the context of the Act.

Payment

21THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $7,000.00