Presentation on theme: "Your community legal clinic 158 George Street, Level 1 Belleville, ON K8N 3H2 Tele: (613) 966 8686 Toll Free: 1 877 966 8686 Fax: (613) 966 6251 TTY: (613)"— Presentation transcript:
Your community legal clinic 158 George Street, Level 1 Belleville, ON K8N 3H2 Tele: (613) 966 8686 Toll Free: 1 877 966 8686 Fax: (613) 966 6251 TTY: (613) 966 8714 www.communitylegalcentre.ca
This presentation is designed to provide you with an understanding of the Criminal Injuries Compensation Board process. Overview www.communitylegalcentre.ca
What is the Criminal Injuries Compensation Board (CICB)? www.communitylegalcentre.ca The Criminal Injuries Compensation Board (CICB) is a program funded by the Ontario government to provide money to survivors of violent crime.
You can apply for CICB if you 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)? www.communitylegalcentre.ca
CICB can cover expenses incurred as a result of the injuries suffered including: 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? www.communitylegalcentre.ca
CICB will not pay for damage to 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. The amount for pain and suffering will normally be awarded based on the extent of the emotional, physical and psychological damages. Therapy Reports from treatment providers are extremely important. www.communitylegalcentre.ca What Expenses or Compensation Can Be Applied For?
CICB does not require that a charge has been laid against an offender. Nor is a conviction required if charges were laid. However, the 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. If the offender was convicted, CICB will assume that the crime of violence occurred. Must Offender Have Been Charged or Convicted of a Criminal Offence? www.communitylegalcentre.ca
Applications are available on-line at www.cicb.gov.on.ca or by phone or written request.www.cicb.gov.on.ca The Applicant will need to provide: Detailed information of the crime of violence Location of the crime Medical treatment or counseling How to Apply www.communitylegalcentre.ca
A lawyer is not required when making a claim. Many clinics provide representation to clients who meet financial guidelines. Contact your local community legal clinic for more information. Is a Lawyer Required When Making a CICB Claim? www.communitylegalcentre.ca
An application to the CICB should be started within 2 years of the crime. The CICB often grants extension of this time limit when there is a good reason (for example, for adult survivors of child sexual abuse; for people who did not know about the CICB; when one is too badly injured/emotionally upset to apply). The 2-year limitation period is met once an application has been requested (not completed). What is the Timeline for an Application? www.communitylegalcentre.ca
The CICB has discretion not to grant the extension of time and therefore, if possible, applicants should apply within the 2-year time limit. People who were injured as children must bring a claim within 2 years of turning 18. www.communitylegalcentre.ca What is the Timeline for an Application?
We advise clients who have a criminal case that is still before the courts to wait until the criminal case is complete before bringing an application to the CICB as it may be prejudice their criminal case. If the limitation will run out prior to the criminal case being resolved, they can request a CICB application but then ask that the application be put on hold until the criminal case is resolved. www.communitylegalcentre.ca What is the Timeline for an Application?
The CICB will look over the Application. A compensation analyst will be assigned to the claim. They will ask for documents that support the claim such as: Medical reports Therapy reports Hospital records Expense receipts Lost wages Witness statement or statement from someone the client told about the abuse What Happens After Someone Applies? www.communitylegalcentre.ca
During the application process, CICB will only pay for records they request. At the hearing stage, the Applicant can ask for a full reimbursement for any reports. CICB will pay full costs for hospital records and up to $100 for medical, dental, or therapy reports. Who pays for the records? www.communitylegalcentre.ca
CICB will notify the offender if there has not been a conviction. Notification has a chilling effect on victims. If offender is notified, Applicant can request an electronic hearing. Will CICB Notify the Offender? www.communitylegalcentre.ca
There are two types of hearings: documentary / written oral The CICB will decide whether to hold a documentary or an oral hearing. Hearing Process www.communitylegalcentre.ca
A documentary hearing is based on the documents in the file only. The client does not attend. One Board member will make a decision based on all of the documents that have been provided. Therapy Reports are extremely important in supporting the Applicants claim for pain and suffering in documentary hearings because the Board member will only have paper evidence and no oral testimony. If the client is dissatisfied with the decision made at a documentary hearing, they can request an oral hearing (but would have to wait approximately 6 months and return the CICB cheque!). www.communitylegalcentre.ca Documentary Hearings
Hearings in child abuse, sexual abuse and domestic violence cases are private and a publication ban is ordered. Informal hearings before two Board Members. The hearing is divided into three parts; incident, injuries, expenses. The Board Members are familiar with the facts and tend to be very sympathetic and compassionate. Oral Hearings www.communitylegalcentre.ca
The Board can reduce or refuse an award in three circumstances: The victims 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 www.communitylegalcentre.ca
The Board will send a written decision within 2 – 4 months; if compensation has been awarded, the cheque will be attached. At an oral hearing a decision may be given that day; if compensation is awarded, a cheque will arrive within 4 weeks. When is the decision received www.communitylegalcentre.ca
CICB awards for pain and suffering are exempt under Ontario Works and the Ontario Disability Support Program. ODSP is requiring claimants to track their award spending and to notify when all money has been spent. Interest on the award is considered as income for social assistance purposes. Does the CICB Award Affect Ontario Works or ODSP Assistance? www.communitylegalcentre.ca
The maximum award is $25,000 per occurrence. Compensation for minors is placed in trust until the victim is 18 years old. Most applicants are not given the maximum award. Awards vary depending on the severity of the injuries and the Board members hearing the case. Compensation www.communitylegalcentre.ca
Approximately 12-18 months. The Boards goal is for claims to be completed in 12 months. How Long Does the Entire Process Take? www.communitylegalcentre.ca
Stressful process Need to be able to discuss the crime repeatedly Clients need counseling support Offender notification issues What do Clients Need to Know Before Bringing a CICB Application? www.communitylegalcentre.ca
Money for low income people Closure for victims (important factor for most claimants) Acknowledgement that a crime occurred Apology from the Board verbally and/or in writing $ for trauma counseling Why Should Clients bring a CICB Claim? www.communitylegalcentre.ca
Legal Aid Ontario funds free community legal clinics throughout Ontario for people living on a low income. To find the clinic closest to you, visit: http://www.legalaid.on.ca You can also find us in the Yellow Pages. Contact Us Our Service Area and Contact Information www.communitylegalcentre.ca