CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Keith Forde
Indexed as: (Re) 1606-03832
ORDER
Introduction
1The Applicant asks the Criminal Injuries Compensation Board (CICB) to compensate her for injuries resulting from a crime of violence which occurred on [date], 2014, in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). She is seeking compensation for pain and suffering incurred from one act of assaulting a peace officer, perpetrated by the Offender. The Applicant is also seeking reimbursement for loss of income/wages.
2The Offender was convicted on [date], 2015 for assaulting the Applicant and was sentenced to one month in jail, 12 months’ probation, prohibited from owning a firearm for five years and ordered to provide DNA samples.
Decision
3The CICB approves compensation for pain and suffering to the Applicant in the sum of $3,000.00 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.
The CICB must assess all relevant circumstances and whether or not compensation should be awarded and if so, the amount; and
The CICB must determine whether the claim for loss of income/wages is supported.
Evidence
Applicant's Evidence
5The following is a summary of the facts and circumstances taken from the Applicant’s Application information and from the [Name] Police Services correspondences to the CICB.
6In written submission to the CICB, the Applicant advised that on the incident date, she was on duty as a correctional officer in the [Name] Correctional Centre (CC) in [Town]. The Offender was an inmate of the CC in [location]. At about 13:30 hours, the Applicant and her partner were working dayroom of [location], a range and pod. The Applicant informed the CICB that the Offender had just assaulted an inmate. As the Applicant and her partner entered the range, the Offender attempted to come towards the Applicant in an aggressive manner. The Applicant’s partner gave an order to the Offender to stop advancing which he refused to comply with and continued towards the Applicant and her partner. Without provocation, the Offender began to punch the Applicant’s partner in his head. At this time the Applicant intervened and was immediately punched in her right eye and grabbed by the hair. The Offender then held on to the Applicant’s hair, pulling her to the floor.
7The Applicant attended [Name] Hospital where she was examined, treated and released with instructions.
8The Applicant also provided various documents in support of her claim.
9The CICB was in receipt of a Medical Report from [Name] Hospital where the Applicant presented with a complaint of being assaulted by an inmate. The Applicant said that she was punched in the right eye, her hair was pulled, and she was punched in the face and on top of her head. Hospital Reports noted that the Applicant suffered no lacerations; however, she suffered from lateral neck discomfort.
10The CICB was also in receipt of a medical report from Dr.[Name], the Applicant’s Family Physician, who noted in report that the Applicant presented with injuries to her forehead, face and neck.
Injuries
Physical
11The Applicant noted in her Application to the CICB that after the assault, she suffered from:
Headaches;
A black right eye; and
On-going neck pain.
Psychological/Emotional
Nightmares;
Anxiety;
Flashbacks at work; and
Fear in doing her job at the correctional centre.
Analysis
12Section 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 assault peace officer, committed on [date], 2014, in the [Town].
13Having considered the evidence presented in the Applicant’s Application and the police information, the CICB is persuaded that the Applicant suffered physical and psychological injuries as a result of a crime of violence. The CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act.
14The 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 physical and ongoing psychological injuries.
15In assessing compensation for pain and suffering, the CICB has carefully considered all the relevant evidence, including all the documentary evidence. The CICB also considered the violent nature of the crime, the fact that the Applicant was in the lawful execution of her duties when she was assaulted, the fact that the Applicant was a peace officer, the fact that the assault occurred in a correctional institution, the fact that the perpetrator of the crime was an inmate of the correctional institution and the impact the assault had on the Applicant’s emotional well-being. Having considered these factors, the CICB awards $3,000.00 for pain and suffering.
16Based on the evidence in the claim brief, the Applicant received full pay during the period of disability. As such, the Applicant’s claim for loss of income /wages is denied.
Award
17The CICB orders payment as follows:
Section 7(1) (d) Pain and Suffering $3,000.00
TOTAL CURRENT AWARD $3,000.00
18The 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
19THE CICB ORDERS that the following sums be paid forthwith to:
The applicant $3,000.00
DATED at Toronto this 2nd day of June, 2017.
Keith Forde, Member