CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: M. Saleem Akhtar
Indexed as: (Re) 1609-04819
ORDER
INTRODUCTION
1The Applicant is seeking financial compensation from the Criminal Injuries Compensation Board (CICB) in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). The Applicant is seeking compensation for pain and suffering and expenses incurred as a result of the assault committed against her on [date], 2016, in the Province of Ontario. The Applicant sustained physical and emotional/psychological injuries. The Offender was convicted of criminal negligence cause bodily harm.
DECISION
2The CICB approves the claim made by the Applicant, in relation to the assault committed against her on [date], 2016 by the Offender and awards the Applicant the sum of $8,000.00 as compensation for pain and suffering, for the reasons set out below. The CICB also approves $74.05 for prescription drugs, as claimed by the Applicant.
ISSUES
3Pursuant to subsection 5(a) of the Act, the CICB must determine on a balance of probabilities,
a) Whether a crime of violence occurred against the Applicant that caused her injuries; and if so;
b) The nature and extent of the injuries sustained;
c) Whether compensation should be awarded and if so, determine the amount;
d) Consider incident related expenses, as requested by the Applicant.
EVIDENCE
Applicant’s written submissions regarding the incident
4In her Application before the CICB, the Applicant described the incident under the heading “Details of the Crime” as follows:
I was hanging with my friends around a fire at the riverbank fishing when I heard a gunshot from across the river and instantly felt pressure in my neck. It felt like I was hit in the neck with a baseball bat, and my head went flying back. Once I realized what occurred, everyone I was with was shocked and scared. They brought me to the hospital in [Town]. During this time, I was afraid that there would be more gunshots coming and I was afraid of my life.
Applicant’s written submissions regarding her injuries
5In her Application, the Applicant described her injuries under the heading “Details of Injuries” as follows:
Difficulty sleeping…take medication to help fall asleep…sharp pains and they cause migraines, neck muscles are tight…jaw pain…eating is difficult…on liquid diet in the hospital…don’t like being in public…struggle with trust with strangers…flashbacks of the incident…panic attacks…cannot stop thinking about the incident…high anxieties…feelings of fear is controlling me…a lot of anxiety with no longer feeling safe at home or in public…anger that he was so foolish, reckless and careless and that I could have died if I was standing “mm” over…feeling of a lot of sadness and emotional problems that I don’t feel normal anymore…feeling of grief…fearful of my baby as I was 3 months pregnant…self-conscious of walking around with the scars…the scars are a daily reminder of what happened…
Police Report
6The Police Report, on file, corroborates the Applicant’s version of the incident. After due investigation, the Police charged the Offender with criminal negligence cause bodily harm, careless use of firearm, weapon, prohibited device or ammunition, unauthorized possession of a firearm and fail to comply with probation order contrary to the provisions of sections 221, 86(1), 91(1) and 733.1(1) respectively of the Criminal Code of Canada RSC 1985, c.C-46 (the “Code”). Later, he was convicted of criminal negligence cause bodily harm, 10 year weapon prohibition, 18 month probation and 120 days pre-sentence custody.
ANALYSIS AND DECISION
7The CICB must determine on a balance of probabilities if the Applicant is a victim of violent crime under subsection 5(a) of the Act. This subsection provides that the Applicant’s injury must have resulted from a “crime of violence” constituting an offence against the Code. In this claim, the CICB must be able to conclude that the Applicant was probably injured as a result of an intentional assault as opposed to being injured in some other way.
Crime of Violence
8[Section 11](https://www.canlii.org/en/on/laws/stat/rso-1990-c-c24/latest/rso-19