Assault: Criminal Injuries Compensation Board

The Criminal Injuries Compensation Board ("CICB") awards financial compensation to victims of violent crimes that occur in the Province of Ontario. This entry will provide a brief overview of the CICB 

Governing Legislation

The CICB gets its authority from the Compensation for Victims of Crime Act. The CICB is subject to the Statutory Powers Procedures Act and the Board also has its own procedural rules.

Eligibility

The following categories of people are eligible for compensation:

  • Victims of violent criminal acts may apply. Most criminal code offences which lead to injury can be compensated including assault and sexual assault;
  • The victim's dependents who have been forced to take care of the victim and suffered a loss of income or incurred expenses;
  • Dependents of a deceased victim; and
  • Persons injured while trying to prevent a crime.

Exception

Unless a motor vehicle was used as a weapon in the perpetration of an assault, the CICB does not award compensation for injuries sustained in a motor vehicle accident.

The victim does not need to be a resident of Ontario to apply for compensation, but the crime must have taken place in Ontario. Claims should be filed within two years from the date of incident but the CICB has the ability to extend the limitation period if deemed necessary. Proof of a conviction will be taken as conclusive evidence that the offence was committed. However, even if there is no conviction or even where no charges have been laid, the victim may still be entitled to compensation.

Psychological Injuries

The CICB may consider psychological injuries. It will evaluate the following criteria when making a decision as to whether a claimant suffered psychological trauma:

  • The degree of violence involved;
  • The closeness of the relationship between the claimant and the person injured or killed in the incident;
  • Whether the claimant was at or came upon the scene of the incident;
  • How the claimant learned of the incident. 

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