CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Keith Forde
Indexed as: (Re) 1507-00142
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], 2013, in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). The Applicant’s daughter [the Victim] was murdered by the Offender. As a result, the Applicant is seeking compensation for funeral and burial expenses, loss of financial support, food and delivery expenses and travel expenses to travel [outside Canada] and cost to purchase a vehicle, incurred from one act of second degree murder, perpetrated by the Offender.
2The Offender pled guilty to second degree murder and on [date], 2017 was sentenced to life in prison and a lifetime prohibition from owning or possessing a firearm.
Decision
3The CICB awards the Applicant $1,200.00 contribution to help him with the expenses incurred at the mosque in feeding the funeral attendees 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 Victim 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.
5The CICB must determine the following:
- Whether there is evidence to support a finding the Applicant suffered a loss of financial support as a result of the Victim's death;
- Whether the Applicant is entitled to reimbursement for funeral and burial expenses, loss of financial support, food and delivery expenses and travel expenses to travel [outside Canada] and the cost to purchase a vehicle.
Evidence
The Applicant’s Evidence
6The following is a summary of the facts and circumstances taken from the Applicant’s Application information and from the [Name] Regional Police Service’s correspondences to the CICB.
7The Victim and the Offender entered into an arranged marriage [outside Canada] in 2010. In April 2013, the Offender joined the Victim and their young son in Canada.
8The marriage quickly began to unravel. The Offender was unable to attain accreditation as a doctor in Canada. The Victim had expressed frustration that the Offender couldn’t find a job and refused to help out around the house.
9The Victim and the Offender argued often as noted by the Offender in his daily journals. The Offender’s journals which were reviewed at length during his criminal trial, noted the Offender’s resentment toward the Victim. The Offender felt that the Victim was trying to belittle and control him.
10On [date], 2013, at about 7:22 p.m. [Name] Region Police communication operator received a 911 call from the Offender who told the operator that he had murdered his wife after a fight.
11Upon arrival at the Victim’s address, police officers were directed by the Offender to the Victim’s body in the bedroom upstairs. Police entered the bedroom and located the lifeless body of the Victim. Ambulance arrived on the scene and transported the Victim to [Name] Hospital where she was pronounced dead as a result of multiple stab wounds.
12The Applicant attended the scene but was prevented from entering the Victim’s home by the police officers on scene.
13The Applicant was the father of the Victim.
Evidence Regarding Loss of Financial Support for Applicant
14The Applicant did not provide the CICB any evidence in support of his claim as it relates to his loss of financial support. The Applicant noted that the Victim financially supported him by giving him $1,180 in cash on a monthly basis; however, he did not provide any of the required, requested documents to support his claim. As such, this portion of the Applicant’s claim is hereby denied for lack of supporting information.
Funeral and Burial Expenses
15The Applicant noted in his Application to the CICB that he paid $300.00 for funeral expenses; however, the Applicant did not provide any receipt to support this claim. The CICB is alive to the fact that the Victim's funeral cost of $5,000.00 was paid for by VQRP. As such, this portion of the claim is hereby denied for lack of supporting information.
Food and Delivery expenses
16The Applicant produced supporting documents the following:
- Food for service - $3,800.00 for a memorial gathering in the mosque (an undated letter on file signed by caterer)
- Delivery Truck Service - $300.00 for food delivery service to the mosque (an undated letter on file signed by delivery service)
Analysis
17In this case, the CICB has found the Victim to be a “victim” within the meaning of section 5(a) of the Act. With respect to the Applicant’s claim for food and delivery expenses, the CICB has considered the Applicant’s claim in respect to food and delivery expenses costs. Since the evidence indicates the untimely death of the Victim and the traumatic effect the violent crime has had on the Applicant and his family, under these circumstances the CICB finds it reasonable to award a contribution of $1,200.00 to the Applicant towards such costs.
18The CICB generally awards compensation only to cover expenses related to treatment of the injuries sustained (i.e. hospital, medication or therapy expenses) and not for expenses related to expenses to travel to another country or to purchase a vehicle. Having found no compelling reasons to deviate from its usual practice in this instance, the CICB declines to award compensation for the Applicant’s claims in respect to the above mentioned costs.
Award
19The CICB orders payment as follows:
Section 7(1) (f) Other Pecuniary Loss/Expense $1,200.00
TOTAL AWARD $1,200.00
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 $1,200.00
DATED at Toronto this 14th day of June, 2017.
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Keith Forde, Member