CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: M. Saleem Akhtar
Indexed as: (Re) 1807-02630
DECISION
Preliminary Issues
1The CICB expressed its condolences to the Applicant on the murder of her son, herein referred to as the Deceased.
2The CICB confirmed with the Applicant if she knew that she was making a claim for funeral expenses only. She stated she knew and she understood that.
3The CICB further confirmed with the Applicant if she knew that she did not meet the criteria for the injury known as ‘mental and nervous shock’. She confirmed that she knew she did not meet the criteria for mental and nervous shock.
4The CICB read out subsection 17(1) of the CVCA and confirmed with the Applicant if she understood the subsection and its potential implications in this matter. She responded ‘yes’
5After confirming these preliminary issues with the Applicant, I asked her if she was ready to proceed, she responded ‘yes’.
Introduction
6The Applicant applied to the Criminal Injuries Compensation Board (CICB) seeking compensation for funeral and burial related expenses in relation to the Deceased who died as a result of a crime of violence.
Decision
7In 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 $7,674.40 as a compensation for funeral and burial expenses. In addition, the CICB approves $1,478.10 for such other expenses, which the CICB finds reasonable and within the context of the CVCA, and for which the Applicant has provided proof of payment. The reasons for this Decision follow below.
Hearing
8The Applicant and the Police Witness appeared by teleconference and provided oral testimony.
Evidence
9The Applicant testified that her son, the Deceased, was murdered in November 2017. She added he was a nice kid and did not deserve to die like that. She acknowledged the Deceased had his challenges and was not a perfect kid, but he was kind to people. He was very popular in his community for his good behaviour.
10I asked the Applicant how long after the incident she learnt about the sad news. She responded that the Police informed her about the incident several hours afterwards.
11I asked the Applicant how long after the incident she saw the Deceased’s body. She replied she saw the body at the Funeral Home, several days after the incident.
12I asked the Applicant if any ‘community fund’ was created in order to meet the cost of the funeral and burial services and /or to address other financial needs of the bereaved family. She responded ‘no’.
13The Police Officer, who was the lead investigator in this matter, testified that the Deceased went to a small party which the Alleged Offender, who is now deceased, also attended. The Alleged Offender asked the Deceased to help him get drugs. The Deceased asked the Alleged Offender to let him use his phone, which the latter did. While the Deceased was using the phone, the Alleged Offender thought that the Deceased was looking through his phonebook and messages. That triggered the altercation between the two. The owner of the residence told both the Deceased and the Alleged Offender to go outside, which they did and the altercation continued. The Alleged Offender stabbed the Deceased causing his death.
14I asked the Police Witness if the Deceased was involved in drug-trafficking and whether he had criminal record, particularly pertaining to crimes of violence. The Police Witness testified that the Deceased had extensive criminal history starting from 2003 up to 2017. She added that some of the convictions were: Assault x 7, Assault Peace Officer x 3, Assault Utter Threat, Assault Cause Bodily Harm. In addition, the Deceased had been convicted for Possessing and Trafficking Drugs. At the time of the incident, the Deceased was in Breach of Probation.
15I asked the Police Witness if the altercation was the result of a drug-deal going bad. She responded the investigation did not reveal this information; however, based on their investigation, she was sure that the Alleged Offender was “the aggressor” in this matter.
16I asked the Applicant if she had any questions for the Police Witness. She responded ‘no’.
17I confirmed with the Applicant if the total cost of funeral and burial services was $11,043.90. Against that amount, the City of Ottawa contributed $3,369.50.
18I also confirmed with the Applicant details of other expenses claimed such as flowers, funeral clothes for the Deceased, photo frame and food for visitors. The Applicant confirmed that she had not provided receipts / or other forms of proof of payment in all the expenses claimed
Analysis
Crime of Violence
19There was no conviction in respect of the incident.
20Section 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 death.
21After considering the police report, the testimony of the Police Witness as well as that of the Applicant, I am satisfied that the Deceased was, on a balance of probabilities, a victim of a crime of violence within the meaning of section 5 of the CVCA, and that he sustained the ultimate injury, which is death resulting from the crime of violence.
Section 17
22Subsection 17 (1) of the CVCA reads as follows:
(1) In determining whether to make an order for compensation and the amount thereof, the Board shall have regard to all relevant circumstances, including any behaviour of the victim that may have directly or indirectly contributed to his or her injury or death.
(2) The Board may, in its discretion, refuse to make an order for compensation or ordered a reduced amount of compensation where it is satisfied that the applicant has refused reasonable co-operation with, or failed to report promptly the offence to, a law enforcement agency.
(3) In assessing compensation, the Board shall take into consideration any benefit, compensation or indemnity paid or payable to the applicant from any source other than social assistance.
23The CICB notes that the Deceased had a criminal history including convictions in respect to crimes of violence. However, after considering the evidence in its totality, including the testimony of the Police Witness, the CICB is satisfied that the Deceased did not initiate the altercation, he was not the aggressive, and that there was no drug deal between the two that went bad at the time. Hence, there is no definitive proof to conclude that the Deceased contributed, either directly or indirectly, to his own death. Consequently, section 17(1) is not established. Hence, there would be no negative impact in terms of compensation.
24Where a death has occurred as a result of a crime of violence, family members of the Deceased’s family may be eligible for certain compensation under the CVCA including funeral and burial related costs, which the Applicant has made a claim for.
Expenses
25The Applicant must provide reliable evidence to support the claims for:
expenses actually and reasonably incurred as a result of death
pecuniary losses resulting from his injury and any other reasonable expense that the CICB considers is reasonable
26The Applicant has submitted funeral and burial expenses with a proof of payment in the amount of $11,043.90. Against this expense, $3,369.50 was contributed by the City of Ottawa.
27Section 17(3) of the CVCA requires that the CICB take into account any benefit, compensation or indemnity paid or payable to the applicant from any source. The CICB has considered that the Applicant received $3,369.50 from the City of Ottawa as a contribution towards the cost of funeral and burial services.
28Hence, the balance amount of $7,674.40 ($11,043.90 - $3,369.50 = $7,674.40) which was paid by the Applicant, and which the CICB finds reasonable, is granted.
29The Applicant has also claimed an amount of $3,478.10 for other incident-related expenses. The Applicant has provided receipts or other forms of proof of payment for an amount of $1,478.10, which the CICB finds both reasonable and within the context of the CVCA, and, thus, grants the amount of $1,478.10.
30Once again, the CICB offers condolences to the Applicant for the tragic loss of her son and hopes that this award assists her with the financial burden following the Deceased’s murder.
Award
31The CICB orders compensation as follows:
Subsection 7(1)(a) Expenses (funeral and burial)
$7,674.40
Subsection 7(1)(f) Other Pecuniary Loss/Expense
$1,478.10
Total Current Award
$9,152.50
Payment
32The CICB orders the following be paid immediately to:
Applicant
$9,152.50
Dated at Toronto on April 24, 2019
M. Saleem Akhtar, Board Member