CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Kevin Cleghorn
Indexed as: (Re) 1811-04052
DECISION
Introduction
1The Applicant applied to the Criminal Injuries Compensation Board (CICB) seeking compensation for a death resulting from a crime of violence. The Applicant is seeking the following forms of compensation: bereavement counseling.
Decision
2In accordance with the Compensation for Victims of Crime Act, RSO 1990, c.C24, as amended (CVCA), the CICB grants the Application and awards the Applicant $2,400.00 for bereavement counseling expenses. The reasons for this Decision follow below.
Hearing
3The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Evidence
4The Applicant provided evidence that her mother was murdered by the Applicant’s father in […] in Ontario. The Offender plead guilty to second degree murder.
5The CICB received the following documents with respect to the claim:
media articles confirming that the Deceased Victim was murdered;
Police Reports and information;
the Curriculum Vitae of the Applicant’s therapist; and
a Therapy report of the Applicant’s therapist.
6For a period of time after the crime of violence, the Applicant lived overseas. She did not seek any counseling in the immediate aftermath of the death of her mother. After three years of living abroad, she returned to Canada. She began to be triggered by the proximity to the crime and the proximity to the Offender. She also recalled the trauma from her childhood of witnessing domestic violence involving her parents.
7She sought counseling in June, 2016 and has been seeing a therapist continuously since then.
8In the Therapy Report, the therapist describes the Applicant as demonstrating numerous post-traumatic symptoms. In particular, the Applicant has a panic disorder, emotional distress after exposure to traumatic reminders, exhibits hyperarousal, reactivity and hypervigilance, experiences dissociation and has a loss of trust in personal relationships. There was no confirmation of the duration/length of the counseling recommended going forward, but the report certainly suggests that counseling is necessary for some time to come.
Analysis
Crime of Violence
9A conviction is conclusive evidence that a crime of violence occurred. As there was a conviction for murder in this case, the CICB is satisfied the Applicant’s mother was a victim of a crime of violence.
10Therefore, compensation is available to the Applicant as a family member of the deceased victim pursuant to s.5 (f) of the CVCA.
Compensation
Bereavement Counselling
11Where there has been a homicide, the CICB will consider section 7(a) expenses related to bereavement counselling for family members of the deceased victim.
12It is the CICB’s usual practice to award the sum of $2,400.00 for counseling expenses. The Applicant has been previously awarded the sum of $1,000.00 for interim therapy on November 13, 2018. On the basis of the extent and nature of the therapy required by the Applicant, and considering the length of time which has passed since the crime of violence occurred, I find it appropriate to award the sum of $2,400.00 for future counseling in addition to the previous award of $1,000.00.
13The CICB recognizes that the Applicant has incurred a significant cost for counseling to date. The CICB, however, does not make claimants whole but rather provides a limited form of compensation to partially compensate victims of crimes of violence. The limits on the various forms of compensation provided by CICB recognize that the source of that compensation is from public funds.
14The CICB will pay an approved treatment provider to provide up to 24 therapy sessions to the Applicant at a cost of $100.00 for each session.
15The total cost of these sessions must not exceed $2,400.00. The therapy sessions must be completed within 36 months of receiving this Decision.
16Therapy expenses incurred between March 14, 2019 and receiving this Decision will be deducted from the total award.
17The CICB awards up to $100.00 for each therapy session and up to $125.00 for each therapy session conducted by a registered psychologist. The CICB does not provide compensation for therapy sessions covered by an Applicant's employment or insurance benefits.
18Payment is made directly to the approved treatment provider on submission of an invoice, required verification form, and receiving confirmation of the treatment provider's professional status unless the CICB already has confirmation on file.
Award
19The CICB orders compensation as follows:
Subsection 7(1)(a) Expenses (Section 14) Award $ 1,000.00
Subsection 7(1)(a) Future Pre-Authorized Expense $ 2,400.00
Total Award (and Costs) $ 3,400.00
Less: Section 14 Award – already paid/authorized $ 1,000.00
Less: Pre-Authorized treatment costs $ 2,400.00
Total Current Award $ 0.00
Dated at Toronto on April 9, 2019
Kevin Cleghorn, Board Member