Criminal Injuries Compensation Board
Adjudicator: Dawn Sullivan Date: February 01, 2017 Indexed as: (Re) 1505-99173
ORDER
Introduction
1The Applicant brings forth this claim for pain and suffering in regards to injuries he sustained while in the course and scope of his duties as a police officer.
Issue
2The Alleged Offender was fatally wounded in connection with this incident and accordingly, was not charged by police. The Applicant must prove, on a balance of probabilities, that his injury was sustained as a result of a crime of violence pursuant to section 5 of the Compensation for Victims of Crime Act, RSO 1990, c. C.24 (the "Act").
Analysis and Decision
3Documentation on file indicates that on [date], 2015, the Applicant, along with two other officers, attended the residence of the Alleged Offender in response to reports that he and his mother had threatened a neighbour with a knife. Officers attempted to arrest the Alleged Offender when he began to resist and physically struggle. The Applicant was stabbed in the right leg as he attempted to secure the Alleged Offender in custody. The Alleged Offender was successful in extracting himself from officers when his mother exited the home and struck one of the officers on the back of the head with a metal pot. The Alleged Offender fled from the scene only to return a short time later wielding a knife in his right hand. The Applicant drew his firearm, pointed it at the Alleged Offender, and ordered him to stop. The Alleged Offender ignored the Applicant's orders and continued to approach the officers. His advances were met with a volley of gunfire. The Alleged Offender was later pronounced dead at the scene.
Where any person is injured or killed by an act or omission in Ontario of any other person occurring in or resulting from,
the commission of a crime of violence constituting an offence against the Criminal Code (Canada), including poisoning, arson, criminal negligence and an offence under section 86 of that Act but not including an offence involving the use or operation of a motor vehicle other than assault by means of a motor vehicle;
lawfully arresting or attempting to arrest an offender or suspected offender for an offence against a person other than the applicant or his or her dependant or against such person's property, or assisting a peace officer in executing his or her law enforcement duties; or
preventing or attempted to prevent the commission of an offence or suspected offence against a person other than the applicant or his or her dependant or against such person's property.
5Based on a preponderance of the evidence, I find the Applicant is a victim within the meaning of section 5(a) of the Act. Hospital records indicate that the Applicant sustained a 1 cm laceration to the right mid-thigh. His wound was cleansed and sutured and he was discharged home with antibiotic and Tylenol 3 for pain. The Applicant indicates that he continues to experience some pain in his leg at the site of the wound.
6The Applicant indicates he sustained emotional and psychological injuries in connection to the incident. The CICB has been provided with a therapy report from [Name] indicating the Applicant has struggled with sleep disturbances, night terrors, mood liability, anxiety, intrusive thoughts, social isolation, withdraw from recreational activities, and excessive use of alcohol at night. He was diagnosed as suffering from Post-Traumatic Stress Disorder.
7In assessing compensation for pain and suffering, I have considered the physical injuries as noted above along with the impact this incident has had, and continues to have, upon the Applicant's health, productivity, sense of safety, and overall well-being. I have also taken into consideration the nature of the incident, including the fact the Applicant was injured with a weapon while in the course and scope of his employment as a police officer. Having considered these factors, the CICB awards the Applicant $6,000.00 in pain and suffering.
Award
8The CICB now orders payment as follows:
Section 7(1)(d) Pain and Suffering $6,000.00
TOTAL ORDERED AT THIS HEARING: $6,000.00
Payment
9THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $6,000.00
DATED at Toronto this 1st day of February, 2017.
_________________________
Dawn Sullivan, Member