Your community legal clinic
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Transcript of Your community legal clinic
Your community legal clinic
158 George Street, Level 1Belleville, ON K8N 3H2
Tele: (613) 966 8686
Toll Free: 1 877 966 8686Fax: (613) 966 6251TTY: (613) 966 8714
www.communitylegalcentre.ca
Criminal Injuries Compensation Board
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The Criminal Injuries Compensation Board (CICB) is a program funded by the Ontario government to provide compensation to survivors of “violent crime”
What is the Criminal Injuries Compensation Board (CICB)?
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A person can apply for CICB if they have suffered physical, mental, emotional or psychological injuries as a result of a crime of violence such as: • Assault• Sexual assault• Criminal harassment• Child abuse• Domestic violence
The crime must have taken place in Ontario
What is the Criminal Injuries Compensation Board (CICB)?
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CICB can cover expenses incurred as a result of the injuries suffered. Expenses that will be covered include:
• Medical bills• Prescription and other drug costs• Funeral expenses• Lost wages• Lost income support • Support for a child born as a result of a sexual assault • Costs of therapy and counseling and other healing therapies including massage
What Expenses or Compensation Can Be Applied For?
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• CICB will not pay for damage to property
• Damages for pain and suffering
• How do you determine the amount of compensation for pain and suffering?
What Expenses or Compensation Can Be Applied For?
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• CICB does not require a criminal charge or conviction
• Applicant needs to show that it is “more likely than not” that a crime of violence occurred, and that their injuries are a result of that crime of violence
• An application may still be made if the offender is deceased.
Must Offender Have Been Charged or Convicted of a Criminal Offence?
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• Statement from a witness to the crime
• Statement from a person that the claimant disclosed to
• Reports from treatment providers
• CAS records
Evidence That Can be Used to Show a Crime of Violence
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• Applications are available on-line at www.cicb.gov.on.ca or by phone or written request
The Applicant will need to provide:• Detailed information of the crime of violence• Location of the crime• Medical treatment or counselling
How to Apply
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• Not necessary to have a lawyer to bring a CICB claim
• CALC provides full representation in cases of child abuse, sexual assault or domestic violence to client’s who meet our financial guidelines
Is a Lawyer Required When Making a CICB Claim?
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• 2 year time-limit
• CICB may grant an extension of time
• For children the limitation period does not start to run until they turn 18
What is the Timeline for an Application?
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Under the Compensation for Victims of Crime Act the limitation period for an application may be extended:
6. An application for compensation shall be made within two years after the date of the injury or death but the Board, before or after the expiry of the two-year period, may extend the time for the further period it considers warranted. 2000, c. 26, Sched. A, s. 4 (1).
What is the Timeline for an Application?
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In granting an extension of time the Board will look at:
• The amount of time that has passed
• The reasons for the delay in filing an application
• Whether there would be sufficient evidence to support an application
• The nature and severity of the incident and injury
What is the Timeline for an Application?
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If you are assisting a claimant requiring an extension of time, any records to support the claim will be needed prior to sending in the claim.
Examples – police information – dates of reporting and name of police force; CAS records, hospital records, counseling records, witness statements
What is the Timeline for an Application?
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• Should a CICB application be put on hold if a criminal case is before the courts?
• New Draft Rules of Procedure require more evidence at the extension stage and allow for submissions upon denial.
What is the Timeline for an Application?
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• Compensation analyst assigned
• Documents needed:
• Medical reports• Therapy reports• Hospital records• Expense receipts• Lost wages• Witness statement or disclosure statement
What Happens After Someone Applies?
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• Therapy Reports are very important in supporting the client’s request for a pain and suffering award
• Therapy Reports should include:• A detailed account of how the Applicant has suffered as a result of the abuse• Diagnoses• Thorough information as to the Applicant’s symptoms in relation to the abuse
Therapy Reports
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• CICB has the discretion to notify the offender
• CICB will not notify the offender if there has been a conviction
• Notification has a chilling effect on victims
• CALC argues that there should not be notification in cases of sexual assault, woman abuse or childhood abuse
• If offender is notified Applicant can request an electronic hearing.
Will CICB Notify the Offender?
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There are two types of hearings:
• a documentary hearing
• an oral hearing
• Following a documentary hearing client can request a review hearing
Hearing Process
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• Hearings in child abuse, sexual abuse and domestic violence cases are private and a publication ban is ordered
• Informal hearings before two Board Members
• Hearing is divided into three parts; incident, injuries, expenses
Oral Hearings
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The Board can reduce or refuse an award if:
• The victim’s conduct “contributed to the assault”• The victim failed to report the crime promptly or refused to co-operate with the criminal investigation• The victim has received collateral benefits (WSIB, EI)
Factors that can reduce the award
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When is the decision received
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• The Board will send a written decision within 2 – 4 months
• If compensation has been awarded the cheque will be attached
• Maximum award is $25,000 for the injury
• Multiple occurrences can lead to a higher maximum award
• In cases where there is a pattern of abuse the Board can award a “global” amount for pain and suffering which exceeds the $25,000.00 maximum
Compensation
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• Most applicants are not given the maximum award
• Awards vary depending on the severity of the injuries
• Compensation for minors is placed in trust until the victim is 18 years old
Compensation
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• CICB awards for “pain and suffering” are exempt under Ontario Works and the Ontario Disability Support Program
• Interest on the award, if the award is not spent, may be considered as income for social assistance purposes.
Does the CICB Award Affect Ontario Works or ODSP Assistance?
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• Approximately 2 years
• More complex cases may take more than 2 years
• The Board is currently taking steps to reduce the length of time a claim takes
How Long Does the Entire Process Take?
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• In February 2007, Ombudsman report entitled “Adding Insult to Injury” was released to the public
• 17 recommendations were made which included: additional resources should be provided to CICB; outreach be undertaken to ensure victims of crime are aware of CICB; sensitivity training to CICB staff
• The full report can be viewed at: http://www.ombudsman.on.ca/media/3271/adding_insult_to_injury_20070227.pdf
Ombudsman Ontario
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• Lengthy, stressful process
• Need to be able to discuss the crime repeatedly
• Clients need counseling support
What do Clients Need to Know Before Bringing a CICB Application?
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• Money for low income people
• Closure for victims
• Acknowledgement that a crime occurred
• Apology from the Board verbally and/or in writing
Why Should Clients do a CICB Claim?
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Contact UsOur Service Area and Contact Information
Head Office (Belleville):
158 George Street, Level 1Belleville, ON K8N 3H2
Phone: 613-966-8686
Toll Free: 1-877-966-8686
Fax: 613-966-6251TTY: 613-966-8714Toll Free TTY: 1-877-966-8714
Service Area• Hastings County• Prince Edward County• Southern half of Lennox & Addington County
Office Locations • Belleville• Bancroft• Madoc• Napanee• Picton• Trenton
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