CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Maija Laitinen
Indexed as: (Re) 1602-02471
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 (CVCA). The Applicant is seeking compensation for pain and suffering as a result of an incident that occurred on [date], 2014.
2At the time of the incident the Applicant was [age] years old and living on his own in an apartment located on the main floor of a house. On [date], 2014, the Offenders, [names], attended at the Applicant’s apartment and demanded to know the whereabouts of the Applicant’s friend/cousin, [cousin]. Offender 1 was wearing a hoodie and a skull mask and was armed with a .22 calibre rifle. Offender 2 was carrying bear mace, and Offender 3 was holding a flashlight. While Offender 3 searched the apartment, Offender 1 grabbed the Applicant by his ponytail and put the gun to his face. He told the Applicant: “we’ll kill you, you’re harbouring him, I’ll kill you”. The Applicant and his female friend were held in the apartment while the Offenders searched for [cousin]. Once they were satisfied that [cousin] was not in the Applicant’s apartment, the three Offenders left.
3The Offenders then walked down the street to another nearby residence, where they found [cousin]. Offender 1 shot at [cousin] 14 times. Offender 2 sprayed him with bear mace. The three Offenders were charged with numerous offences in relation to these incidents. With respect to the Applicant, Offender 1 was convicted of pointing a firearm, uttering threats to cause death and forcible confinement. Offender 2 was convicted of unlawful confinement and unlawfully entering a dwelling house with intent to commit an indictable offence. Following a trial, Offender 1 was acquitted on the charges related to the events at the Applicant’s residence. However, he was convicted of four offences in relation to [cousin], including discharging a firearm with intent and administering a noxious substance.
Decision
4The CICB approves the claim awards the Applicant the sum of $6,000.00 for the reasons set out below.
Issues
5The fact that there has not been a conviction with respect to all three Offenders is not a bar to the Applicant’s claim. Subsection 16(1) of the CVCA provides that compensation may be awarded whether or not a person has been prosecuted or convicted of the offence giving rise to the injury. The Applicant is required to prove, on a balance of probabilities, not only that he was a victim of a crime of violence but also that his injuries resulted from the crime pursuant to subsection 5(a) of the CVCA.
Analysis and Decision
6The CICB finds the Applicant to be a victim within the meaning of section 5(a) of the CVCA as a result of the incident on [date], 2014 as well as an earlier related incident that occurred on approximately [date], 2014. The Applicant testified that a few days before the incident on [date] two of the Offenders, Offenders 1 and Offender 2, attended at the Applicant’s residence, kicked his front door down and demanded the whereabouts of [cousin]. Offender 1 was carrying a baseball bat. The Offenders then left his apartment. At the hearing, the Applicant testified that he was not assaulted, threatened or other physically injured as a result of this incident. As discussed above, the second incident occurred on [date], 2014. Offender 1 and Offender 2 returned to the Applicant’s apartment with a third man, Offender 3. Offender 1 was wearing a mask and carrying a gun. Offender 2 was armed with bear mace. Offender 1 grabbed the Applicant by his ponytail, held the gun to his face and threatened him. Pursuant to section 19(4), the CICB deems the two incidents on [date] and [date], 2014 to be a “single occurrence” since the acts have common relationship in time and place.
7Based on the Applicant’s testimony and documentary evidence on file, the CICB is satisfied that the Applicant suffered psychological injuries as a result of these incidents. The Applicant testified that he has experienced nightmares, anxiety, difficulties sleeping, hyper-vigilance, social isolation as well as an exacerbation of his pre-existing addiction issues. The therapy report on file, dated [date], 2016, indicates that the Applicant turned to drugs and/or alcohol to cope with negative feelings about the incident. The therapy report also indicates that the Applicant has experienced nightmares and continues to be extremely fearful of the Offenders.
8Considering all of the evidence, facts and circumstances, the CICB makes an award for compensation for pain and suffering in the amount of $6,000.00. In assessing compensation for pain and suffering, the CICB has considered that the Applicant was threatened with firearm in his own home and that the incident involved multiple Offenders.
9The CICB is satisfied that no section 17(1) considerations impact on this award. At the hearing, the Applicant acknowledged that he has struggled with long-standing addiction issues. The Applicant gave evidence that [cousin] (the person the Offenders were looking for) would sometimes stay at his house and use drugs with him. That said, there is no evidence before the CICB to suggest that the Applicant was in any way involved in the dispute between [cousin] and the Offenders and the escalating series of events leading up the shooting on [date], 2014.
10The CICB is also satisfied that no section 17(2) considerations impact on this award. The police witness testified that the Applicant cooperated with the Crown and police, despite receiving threats to his personal safety. On one occasion the Applicant failed to attend court to testify at the preliminary inquiry of one of the Offenders, but the police witness gave compelling evidence that this was more likely than not related to the Applicant’s drug and alcohol addiction. Based on the testimony of the police witness as well as the police records and court documents on file, the CICB finds that the Applicant made reasonable efforts to cooperate with law enforcement.
Award
11The CICB orders payment as follows:
Subsection 7(1)(d) Pain and Suffering $6,000.00
TOTAL AWARD $6,000.00
Payment
12The CICB orders that the following sums be paid forthwith to:
The Applicant $6,000.00
DATED at Toronto this 9th day of October, 2018.
____________________________
Maija Laitinen, Member