Do I Have To Pay The Criminal Injury Compensation Board’s Award Of Financial Compensation?
The Criminal Injury Compensation Board's goal is to provide support to complainants in criminal matters.
If an individual is a complainant in a matter, or otherwise affected by a criminal matter in such a way that they suffered loses as a result of a violent crime , they may be eligible for financial compensation.
Complainants can apply to CICB for compensation at any stage of the criminal justice process.
If the Board finds an applicant to be compensable, the Board issues a financial award to the Applicant.
The Board may at any time on its own initiative or on the application of the complainant, any dependant of the complainant, the Minister or the offender, vary an order for payment of compensation in such manner as the Board thinks fit, whether as to terms of the order or by increasing or decreasing the amount ordered to be paid, or otherwise.
This financial award is from funds allocated by the provincial government. The government pays these funds to the alleged victim of crime (applicant).
The alleged offender does not pay these funds to alleged victim of crime. However, according to the Criminal Injuries Compensation Board’s Fact Sheet – Questions Frequently asked by Alleged Offenders (http://www.cicb.gov.on.ca/resources/Faq_ao.pdf), the Board may pursue reimbursement from an alleged offender for financial compensation awarded to a victim, although it is unlikely.
The Board has the authority and power to launch civil proceedings against the alleged offender to recover damages and costs for the person to whom payment is made under the Compensation of Victim’s of Crime Act. An alleged offender has the potential to be civilly liable for, (a) first, to payment of the costs actually incurred in the action and in levying execution; and(b) second, to reimbursement of the Board for the value of the compensation awarded.
Money paid or payable by way of compensation under the Compensation for Victims of Crime Act or held by the Public Guardian and Trustee or other person under an order made by the Board under subsection 21(3) of the Act is not subject to garnishment, attachment, execution, set-off or any other legal process and the right thereto is not assignable.
What Types of Compensation Awards Can Be Ordered by the Criminal Injuries Compensation Board?
The Board has the power to Order award compensation for
(a) expenses actually and reasonably incurred or to be incurred as a result of the victim’s injury or death;
(b) pecuniary loss incurred by the victim as a result of total or partial disability affecting the victim’s capacity for work;
(c) pecuniary loss incurred by dependants as a result of the victim’s death;
(d) pain and suffering;
(e) support of a child born as a result of rape;
(f) other pecuniary loss resulting from the victim’s injury and any expense that, in the opinion of the Board, it is reasonable to incur. R.S.O. 1990, c. C.24, s. 7 (1).
It should be noted that any money paid or payable by way of compensation under the Compensation for Victims of Crime Act or held by the Public Guardian and Trustee or other person under an order made by the Board under subsection 21(3) of the Act is not subject to garnishment, attachment, execution, set-off or any other legal process and the right thereto is not assignable. Similarly, Subject to subsections 21 (2), (4) and (5), nothing in the Compensation for Victims of Crime Act affects the right of any person to recover from any other person by civil proceedings damages in respect of the injury or death.
When one person is injured or killed as a result of a violent crime, the maximum award that we may pay as a lump sum is $25,000.
When more than one person has been injured or killed as the result of a violent crime, we can award a maximum of $150,000 as a lump sum to all of the claimants.
Ongoing monthly periodic awards can be made in certain cases when there is an ongoing financial loss (e.g. lost income, child care expenses).
When a periodic award is made, the amount of the lump sum component cannot exceed $12,500. The maximum amount that we may award as a periodic payment is $1,000 per month. Periodic payments cannot exceed a total of $365,000.
Periodic awards are reviewed on an annual basis to determine whether there is still a need for the funds.
If you are facing criminal offence charges contact Kostman and Pyzer, Barristers for your free consultation.
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