CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Jo-Anne Hughes
Indexed as: (Re) 1509-00814
ORDER
INTRODUCTION
1In this case, the Applicant is seeking funding for bereavement counselling and compensation for loss of income with respect to the alleged murder of his son, [Victim], on [date], 2013. The CICB offers its sincere condolences for this senseless loss under such terrible circumstances.
2In this case, the CICB is required to determine whether a crime of violence has occurred as per section 5(a) of the Act, what injury, if any, arose from it, and the relevant circumstances affecting whether or not compensation should be awarded and if so, the amount.
EVIDENCE
Incident
3In his August 2015 submission to the CICB, the Applicant wrote that his son was shot by another person and he saw his son at the Hospital.
Police Report
4The CICB received a report from the [Name] Police Service in support of the Applicant’s claim which confirmed that the [age] Victim’s demise was caused by the accidental discharge of a firearm. Police wrote that at the time of the incident, the Victim was sitting in a bedroom with three other people in an apartment across the road from the Victim’s family apartment. The Young Offender came into the room with a loaded shotgun and while playing with it, the gun accidentally discharged, hitting the Victim in the neck.
5Police received the 911 call about a shot being fired in an apartment at 23:49 late in the evening of [date], 2013. When they arrived at the scene, the apartment was vacant except for the unresponsive Victim who was suffering from a gunshot wound to his neck. Police provided medical assistance to the Victim until EMS and Firefighters arrived. He was transported by an emergency run to [Hospital] where doctors tried to save his life until he was pronounced deceased at 1:55 a.m.
6As a result of their investigation, the Young Offender was charged with manslaughter and four other firearm-related offences. On [date], 2014, he pled guilty to manslaughter and was sentenced to 278 days of pre-sentence custody plus 51 days of open custody and 627 days of conditional supervision. His DNA was added to the national offender’s databank and he was prohibited from possessing weapons for ten years. The firearm charges were withdrawn by the Crown.
Expenses
7On October 6, 2015, the CICB wrote to the Applicant to inform him that he would be considered for claims related to bereavement counselling and loss of income. In that letter, for the purpose of considering his claims, the CICB asked the Applicant for an estimate of his future counselling expenses and also requested additional information via a “Loss of Income Form”. As of May 25, 2017, the CICB had not received the information previously requested from the Applicant.
Analysis and Decision
8Considering the available evidence, the CICB finds that the Victim is a victim of a crime of violence under the Act, and the CICB finds that the Applicant is eligible for bereavement counselling to assist him with his grief at the tragic loss of his son.
9Based on the Applicant’s stated intention to enter into therapy in the near future, the CICB authorizes up to $1,800.00 (exclusive of any applicable taxes) for counselling expenses to be paid directly to a qualified treatment provider upon receipt of a Curriculum Vitae outlining the credentials of the service provider. Therapy sessions must be completed within 36 months of receipt of this Order. It is the CICB’s practice to award up to $100.00 per session for therapy, or up to $125.00 per session for registered psychologists. Payment may be made directly to the treatment provider on a monthly basis, upon submission of an invoice and the required verification from the Applicant. The CICB may also consider therapy expenses that were incurred between the date that the Applicant submitted his final set of documents to the CICB and the receipt of this Order. If there are such expenses, the CICB will deduct these from the pre-authorized $1,800.00 amount described above.
10With respect to the Applicant’s claim for loss of income, the CICB notes that it generally requires supporting documentation (i.e. employer’s report, pay stubs or Income Tax records and/or medical confirmation of disability) in order to verify an applicant’s employment status and average net earnings at the time of the incident, and to determine whether any income-replacements benefits were received during the period being claimed, and to confirm the period of disability. In the absence of any of the requested documentation to support the Applicant’s claim and having found no compelling reasons to deviate from its usual practice in this instance, the CICB finds that the Applicant has failed to establish his claim for income loss and the claim in that regard is hereby denied.
Award
11The CICB orders future payment as follows:
To an Approved Therapist: Section 7(1)(a) Expenses (future therapy costs) to a maximum of: $1,800.00
TOTAL PRE-AUTHORIZED FOR FUTURE COUNSELLING: $1,800.00
Less Pre-authorized future counselling -$1,800.00
TOTAL CURRENT AWARD NIL
DATED at Toronto this 16th day of August, 2017.
Jo-Anne Hughes, Member