CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Julie Lassonde
Indexed as: (Re) 1808-02999
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 form of compensation: bereavement counseling.
2By way of clarification, the CICB notes that the Applicant indicated on p. 3 of her application that she was not claiming for mental or nervous shock. However, on p. 8 of her application, which is the section used for providing details about a mental or nervous shock claim, she checked the pain and suffering box but did not provide any evidence with respect to a claim for mental or nervous shock. Therefore, the CICB concluded that she only meant to apply for bereavement counseling and did not consider a claim for mental or nervous shock in this case.
Decision
3In 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 $1,800.00. The reasons for this Decision follow below.
Hearing
4The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Evidence
5The Applicant provided evidence that a crime of violence was committed against her brother. She submitted a police report and court documents demonstrating that her brother died as a result of a fire set up by the Offender and that the Offender was convicted of manslaughter in relation to her brother’s death.
Analysis
Crime of Violence
6A conviction is conclusive evidence that a crime of violence occurred. As there was a conviction for manslaughter in this case, the CICB is satisfied the Applicant’s brother was a victim of a crime of violence.
7Therefore, compensation may is available to the Applicant as a family member of the deceased victim pursuant to s.5 (f) of the CVCA.
Compensation
Bereavement Counselling
8Where there has been a homicide, the CICB will consider section 7(a) expenses related to bereavement counselling for family members of the deceased victim.
9As the Applicant intends to enter into counselling in the near future the CICB authorizes $1,800.00 for therapy expenses. The therapy sessions must be completed within 36 months of receiving this Decision.
10The 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.
11Payment is made directly to the approved treatment provider on submission of an invoice, required verification form, and receivingconfirmation of the treatment provider's professional status unless the CICB already has confirmation on file.
12Counselling expenses incurred between February 8, 2019 and receiving this Decision will be deducted from the pre-authorized $1800.00.
Award
13The CICB orders compensation as follows:
Subsection 7(1)(a) Future Pre-Authorized Expense
$ 1,800.00
Total Preauthorized Award
$ 1,800.00
Dated at Toronto on April 17, 2019
_______________________________
Julie Lassonde, Board Member