(Re) 1806-02055, 2020 CanLII 57658

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Guy Savoie Date: June 22, 2020 Indexed as: (Re) 1806-02055

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 compensation for bereavement counselling.

2By its Section 14 Decision issued March 15, 2019, the Criminal Injuries Compensation Board (CICB) awarded the Applicant compensation for bereavement counselling totaling $750.00.

3As of the date of this Decision, the Applicant has not utilized any of the $750.00 of the pre-authorized future therapy award.

Decision

4In accordance with the Compensation for Victims of Crime Act, RSO 1990, c.C24, as amended (CVCA), the CICB closes the Application. The reasons for this Decision follow below.

Hearing

5The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.

Evidence

6The Deceased is the brother of the Applicant. While Deceased was visiting a friend’s apartment he was stabbed and robbed […]. […] police station to report the crime and was taken to hospital. He died from injuries on the following day.

7The Alleged Offender has been charged with manslaughter.

Analysis

Crime of Violence

8There was no conviction in respect of the incident.

9Section 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.

10Given the evidence, I find the Deceased to be a victim of a crime of violence.

Compensation

Counselling/Therapy

11The only remedy sought by the Applicant in this application is compensation for bereavement counselling which has already been awarded under the Section 14 Decision issued on March 15, 2019. As of the date of this Decision, the Applicant has not utilized any of the $750.00 of the pre-authorized future therapy award.

12The CICB finds that the overall compensation award made to the Applicant to date to be a reasonable and appropriate amount having regard to all relevant circumstances and the overall context and intention of the CVCA.

13Accordingly, this application is now closed.