|
What is the Criminal Injuries Compensation
Board (CICB)?
Who can apply for CICB?
(65 kb, 7 pgs)
Must the offender have been charged or
convicted of a criminal offence?
How do I apply?
When should I apply?
Can I fill out the application myself?
What happens after I apply?
What expenses or compensation can I apply
for?
Will CICB notify the offender?
When will the hearing be?
Where will the hearing be?
What is a documentary hearing?
What is an oral hearing?
When will I receive a decision?
How much can I be awarded?
Will the award affect my welfare or
disability cheque?
Could anything affect the amount of my
award?
How long does the entire process take?
Links to visit other
websites on Criminal Injuries Compensation
The
Criminal Injuries Compensation Board (CICB) is a program funded by
the Ontario government that provides compensation to survivors of
violent crime, and those who have been harmed as the result of an injury
to another (for example, the children of a murder victim).
You can apply for CICB if you have suffered physical, mental, emotional
or psychological injuries as a result of a crime of violence perpetrated
against you such as:
-
assault
-
sexual assault
-
criminal harassment
-
child abuse
-
domestic violence
-
murder
To apply for compensation in Ontario, the crime must have taken place in
Ontario. Other provinces have similar compensation schemes.
Usually the person who applies (the
"Applicant”) is the person who
suffered injuries as a result of the crime of violence. But if you need
constant care by someone else or are a child, your caregiver (e.g. a
parent) can apply for compensation.
Where someone died as a result of a crime of violence, a dependant,
spouse or relative may apply for compensation.
No, charges do not have to have been laid against an offender. Nor is a
conviction required if charges were laid. However, you need to be able
to show that is "more likely than not" that the crime of violence
occurred. If the offender was convicted, CICB will assume that the crime
of violence occurred and it will be easier to proceed with your case.
Regardless of whether there is a conviction, you must show that "more
likely than not" that your injuries are a result of that crime of
violence, and not from some other cause.
You can write or phone CICB and ask for an application. You will need to
provide:
Criminal Injuries Compensation Board
439 University Avenue, 4th Floor
Toronto, Ontario M5G 1Y8
Telephone: (416) 326-2900 or Toll Free: 1-800-372-7463
Fax: (416) 326-2883
Website:
http://www.cicb.gov.on.ca
Your Application must usually be started with the CICB within two years
of the crime. The CICB often grants extensions of this time limit when
there is a good reason (e.g. adult survivor of childhood sexual abuse,
did not know about criminal injuries compensation, too badly injured…).
However, you should not rely on the extension and should, if possible,
start applying within the two year time limit.
If you were injured as a child, the limitation period does not start to
run until you turn 18. Then the two years starts to run.
If the criminal case is still before the courts, you should get legal
advice before you apply. Normally, you would request an application but
then ask that your case be put on hold until the court case is over
with.
Yes. But you can have someone help you to complete the application. It
is helpful to have the assistance of someone who knows how CICB works
such as the
Victim/Witness program, sexual assault centre, the shelter or
a legal clinic. You can also hire a lawyer to assist you but only
very limited compensation might be awarded to cover legal expenses.
Additionally, the CICB has posted three information
packages, called "Application Tips", on its website, at
http://www.cicb.gov.on.ca/en/tips.htm.
These packages are designed to address common questions applicants may
have when completing the CICB's forms and include images of relevant
forms and instructions on completion of particular sections.
The three packages are:
It is important to provide as much detail as possible in your
application. This can be daunting, but without all this information, it
makes it harder for the CICB to evaluate your claim properly.
You will also have to complete an Authorization for the Release of
Information form so that the CICB can also gather some of the evidence.
You will also have to provide information about any benefits you
received during the claim period such as employment insurance, social
assistance, worker’s compensation or insurance payments, for example.
The CICB will look over your application. A compensation analyst will be
assigned to your claim. S/he will ask you to submit documents that
support your claim such as:
The CICB will also investigate your case to try and get evidence such
as:
-
police reports
-
court conviction records
You should be aware that getting the documents to process your claim is
very time consuming. Some documents can be difficult to obtain. The CICB
will pay the full cost for hospital records and up to $100 for medical,
dental or therapy reports. It is easier to send the CICB special forms for
completion to the professionals who treated you. The CICB will pay the
professional who completed them directly, so you are not out of pocket
for the expenses.
It often takes 1 – 2 years to gather the evidence for your Application.
You can ask for the CICB to cover the expenses you incurred as a result
of the injuries you suffered. They will not pay for damage to your
property. They will award an amount for “pain and suffering”. In abuse
and assault cases, this is usually the biggest part of the compensation
awarded after a hearing.
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 counselling,
and in some suitable cases, other healing
therapies including massage
As noted above, an amount for pain and suffering will normally be
awarded based on the extent of the emotional, physical and psychological
damages.
Usually the CICB will notify the offender. This is because the
Compensation for Victims of Crime Act requires the CICB to attempt to
notify the offender. However, in cases of sexual assault, child abuse,
domestic assault, elder abuse or homicide, the CICB will not notify the
offender if there has been a conviction. If there has not been a
conviction but there are special circumstances (such as fear for your
safety etc.), you can ask for a “waiver” for the offender not to be
notified. This request is not often granted but the CICB will usually
offer to hold an “electronic” hearing instead.
To notify the offender, the CICB usually sends out a letter to the last
known address of the offender.
If the offender is notified and would like to attend the hearing, s/he
has the right to attend and participate. At your request, the CICB will
arrange for the offender to participate in the hearing by means of a
conference call (the offender is put in a different building, so the
Applicant will not have to face him/her). This is called an “electronic
hearing”.
Once all of the evidence is gathered a hearing date will be set. The
hearing usually occurs within 6 months after all of the evidence is
gathered. There are two types of hearings in addition to the “electronic
hearing” described above:
Most hearings are held in Toronto but the Board does travel to cities
like Belleville and Kingston. Sometimes you have to wait longer to
have a hearing locally. If you have to travel to a hearing, your travel
expenses will be covered.
A documentary hearing is based on the documents in the file only. You do
not attend. A decision will be made based on all of the
documents you have provided. It is a good idea to send in a “submission”
about your case, and at the clinic, we always do this. We detail the
main facts about the case, and review the effects of the crime on your
life and ongoing health.
The Board is more frequently recommending documentary hearings to save
time. If you are dissatisfied with a decision made at a documentary
hearing, you are allowed to request an oral hearing afterwards.
You can also request a documentary hearing if you do not want to attend
an oral hearing. However, if the CICB feels that there is not enough
evidence before them so that they can make a decision; they will require
you to attend an oral hearing.
An oral hearing is a hearing that you attend and answer questions posed
by the Board members. You are given a chance to tell your story of what
happened and how it has affected you. The setting for the hearing is
usually informal and the Board members are for the most part
understanding and empathetic. However, despite empathetic Board members,
the process is not easy and can be emotionally draining. You may bring
witnesses to testify on your behalf or friends and family members for
support. A typical hearing takes between 1-2 hours.
The Board members will send you a written decision within 2 to 4 months
after the hearing. If you have been awarded monetary compensation, the
cheque will be included.
The maximum award is $25,000 per occurrence. This maximum award is not
often given. In very rare circumstances, you might be awarded periodic
awards of up to $1,000 per month, which can be increased or decreased
over time depending on the long-term effects of the injuries and the
need for treatment. Awards vary depending on the severity of injuries
and most awards are well under $10,000.
If the award is for “pain and suffering”, it will not affect your social
assistance amount. Your Ontario Works (or Ontario Disability Support
Program) caseworker will need to know the amount of the award. However,
they do not have to see the CICB decision. At the legal clinic, we
usually write a letter to the caseworker explaining the award and that
it is exempt. However, they must know the amount so that it can be
considered an "exempt" asset and not be used to disqualify you from
social assistance. You may find that the interest on the award, if the
award is not spent, may be considered as income for social assistance
purposes. The money awarded for any other expenses (with the exception
of health care expenses) should not come off your social assistance
benefits. If this happens, you should object to this and get legal advice as this would
be wrong.
In appropriate cases, the CICB can take into account your behaviour if
it directly or indirectly contributed to your injuries. They can also
consider any other compensation of benefit paid to the victim. They
might also consider your cooperation with or failure to report promptly
the offence to the police.
You do not need a lawyer but a lawyer can be very
helpful to guide you through a long and emotionally difficult process.
If you have a low income, you may be eligible for help from the
Community Advocacy & Legal Centre or Legal Aid Ontario.
The process is quite long. It takes approximately 2-3 years. In cases
where you need to ask for an extension of time because more than two
years has passed since the crime of violence occurred, or if there is more
than one crime and/or offender (which is often the case with childhood
sexual abuse survivors), the complexity of the case may mean it takes
more than 2–3 years.
___________________________________________________________________
This “tip sheet” is adapted from
materials originally prepared by Brena Parnes, a law student at
Parkdale
Community Legal Services Clinic and the
Ontario Women’s Justice Network.
It has been updated to June 2007.
|
This site provides general information only,
specific to Ontario, Canada. It is
NOT legal advice. 
