Criminal Injuries Compensation


A victim of a “violent crime” in Ontario may be eligible for a Criminal Injuries Compensation Board (CICB) award. 

Our clinic provides full representation to residents of York Region who meet our financial guidelines in cases which meet our merits assessment. Call us for advice on your specific situation.
For areas where we cannot assist we will provide referrals to the appropriate agency. In some cases, legal aid certificates can be issued.
 
 
The Law
 
The Criminal Injuries Compensation Board is governed by the:
·         Compensation for Victims of Crime Act
·         Freedom of Information and Protection of Privacy Act
·         Statutory Powers Procedure Act
 
Other relevant statutes include:
·         Criminal Injuries Compensation Board Rules of Procedure
·         Criminal Code of Canada
 
 
FAQ
 
Q. What is the Criminal Injuries Compensation Board (CICB)?
A. The Criminal Injuries Compensation Board (CICB) is an independent agency of the Ministry of the Attorney General. It is established under the Compensation for Victims of Crime Act.  The role of the Board is to award compensation to victims of violent crimes committed in Ontario.

Q. Am I eligible?
A. You may be eligible for compensation if:
·         You have been injured as a result of a crime of violence committed in Ontario. Examples of a criminal code offence include assault, 
          criminal harassment, etc.
·         You are responsible for the care of a victim of crime and suffered a loss of income or had expenses as a result of the victim’s injury or
          death.
·         You are the dependant of a deceased victim (in the case of murder).
·         You were injured while trying to prevent a crime or while helping a police officer make an arrest.

Q. What kind of compensations is available?
A. The Board may award compensation for:
·         Treatment – Medical, Dental and/or Therapy Expenses
·         Funeral and Burial Expenses
·         Legal representation and costs
·         Travel Expenses
·         Pain and Suffering
·         Loss of Income
·         Loss of Support

Q. What items are NOT compensated?
A. The Board does not award compensation for:
·         Damaged or stolen property.
·         An accident involving a motor vehicle (i.e. drunk driving or hit and run).
·         Legal fees for criminal court and/or civil suits.
·         Distress of attending criminal court.
·         Workplace accidents (claim should be filed with the Workplace Safety and Insurance Board

Q. How do I apply?
A. You can request Claims Forms from the CICB by phone, mail or fax at:
 
439 University Avenue, 4th Floor; Toronto, Ontario M5G 1Y8
Telephone: (416) 326-2900 or 1-800-372-7463
Fax: 416-326-2883
Website: www.cicb.gov.on.ca

Q. When do I apply?
A. A claim should be filed with the CICB within two years of the date of the incident. Extensions of this time limit may be requested.

Q. What happens after I apply?
A. The CICB will review your Claim Form. A Compensation Analyst assigned to your case will guide you to submit supporting documentation,
     including: hospital, medical, dental, therapy, and/or court reports directly related to the incident. Once all the required information is received,
     the Board will schedule a hearing to decide:
 
·         If you have been a victim of a crime of violence;
·         If you have been injured as a result of the crime;
·         The amount of compensation to be awarded.
 
After the hearing, you will receive a written decision.

Q. Will CICB notify the offender?
A. The Board must make a reasonable attempt to locate and notify the (alleged) offender of your application, in accordance with Section 9(1) of
     the Compensation for Victims of Crime Act.
 
The alleged offender and witnesses may be present at the hearing. You will be advised if the alleged offender will be at the hearing.
 
However, CICB does not notify convicted offenders about the hearing.
 
Where a conviction has been rendered in a court of law, the Board may determine that notification is not warranted.

Q. What is a written hearing?
A. A written hearing is one where a Board member will make a decision after reviewing all the supporting information in your file. You will not be
    present.

Q. What is an oral hearing (in person or electronic)?
A. An oral hearing is one where you must be present. An electronic hearing is where one party will participate via a telephone conference call.  
 
The hearings are usually held with two Board members. You can answer any questions the Board may have about your claim, the incident and your injuries. The hearing is meant to be as informal as possible, but all parties must swear or affirm that the information they give is the truth.
 
Oral hearings are open to the public, except when claims involve a sexual offence, domestic violence or child abuse.

Q. Where will the hearing be?
A. The Board holds hearings in 19 locations across the province. The closest location to York Region is Toronto. If you have to travel to a hearing,
     your travel expenses will be covered.

Q. Do I need a lawyer at my CICB hearing?
A. No, but our clinic may be able to assist you, subject to our financial eligibility guidelines.

Q. How much can I be awarded?
A. Lump Sum Awards can vary up to $25,000 per incident. Periodic Awards may be made up to $1,000 per month.

Q: What if I disagree with the outcome of the hearing?
A: If you disagree with a decision rendered at a written hearing, you may request a review by a panel at an oral hearing. Any award ordered by the
    CICB must be returned before the new hearing will be scheduled.
 
If you disagree with a decision rendered at an oral hearing, you may appeal to the Superior Court of Justice only on a point of law. For more information on the appeal process please visit the CICB website.
 
Additional Resources
 
Fact Sheets by the Criminal Injuries Compensation Board:
·        Criminal Injuries Fact Sheet
 
Criminal Injuries tip sheet by the Community Advocacy & Legal Centre:
·         Criminal Injuries Tip Sheet
 
Webinar on CLEONet:
·         Criminal Injuries Compensation Board:  Compensation for Victims of Violent Crime

 

 

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