Re 1609-04949, 2017 ONCICB 248

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Jo-Anne Hughes

Date: September 13, 2017

Indexed as: (Re) 1609-04949

ORDER

Introduction

1In this case, the Applicant is requesting compensation on behalf of her infant son from the Criminal Injuries Compensation Board (CICB) for an alleged crime of violence which resulted in the death of her son's father, the Victim, on [date], 2016, pursuant to section 5(f) of the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). She is seeking compensation for bereavement counselling expenses for her son and loss of financial support. The Alleged Offender was charged with murder and the matter is still before the Courts.

Issue and Evidence

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.

3In her September 2016 submission to the CICB, the Applicant reported that her son was born on [date], 2015 which meant he was eight months old on the date of the incident. The Applicant claimed that at the time of the incident, the Victim was unemployed. However, he was giving her $250.00 per month which he was receiving from employment insurance. The Applicant also wrote that as a result of this incident, she is now only receiving $237.69 per month from the CPP Survivor’s Benefit.

4To date, the Applicant has not provided a description of any issues, problems or psychological injuries being endured her son which would require bereavement counselling in the next few years. Also, while the Applicant submitted that the Victim was providing support via his EI and CPP payments, she did not provide the CICB with any documentation or evidence that these amounts were being paid to her or to her son.

Analysis and Decision

5The fact that there has not been a conviction is not fatal to the Applicant’s claim. Section 16(1) of the Act provides that compensation may be awarded whether or not a person has been prosecuted or convicted of the offence giving rise to the injury or death. Considering the evidence presented, the CICB is satisfied, on a balance of probabilities, that a crime of violence pursuant to section 5(a) of the Act took place and it resulted in the demise of the Victim.

6Next, the CICB must determine whether to award compensation to the son as requested by the Applicant. As with all applications before the CICB, the onus rests on the Applicant to provide the required documentation to support the claim being made. The CICB requested information from the Applicant to support her request of funding for bereavement counselling. However, as of [date], 2017, the Applicant had not provided any information or documentation to substantiate her request for such funding.

7At this point, the son's need for bereavement counselling is not well established. In light of this, if the son requires bereavement counselling as a direct result of this crime, and the cost of that counselling is not covered by other sources, the CICB may, pursuant to the provisions of section 25 of the Act, consider varying this Order to include a claim for bereavement counselling expenses. The Applicant must obtain authorization from the CICB prior to incurring any such expense. The Applicant may contact the CICB to determine what information is required in order to obtain authorization.

8With respect to the loss of financial support claim, it is the usual practice for the Applicant to provide documentary support to show that the Victim was providing support to the son. In the absence of such evidence, the CICB finds the Applicant’s claim to be purely speculative and, having found no compelling reason to deviate from its usual practice in this instance, the CICB declines to make an award for loss of financial support.