NCJ Number
47226
Date Published
1975
Length
12 pages
Annotation
THE ONTARIO COMPENSATION FOR VICTIMS OF CRIME ACT OF 1971, WHICH ESTABLISHES ADMINISTRATIVE MECHANISMS AND COMPENSATION CRITERIA AND PROCEDURES, IS REPRODUCED IN ITS ENTIRETY.
Abstract
ADMINISTRATION OF THE ACT IS UNDER AN APPOINTED FIVE TO SEVEN MEMBER BOARD, DESIGNATED THE CRIMINAL INJURIES COMPENSATION BOARD. ALTHOUGH A CORPORATION, THE BOARD IS EXCLUDED FROM CONSIDERATION UNDER THE CORPORATION ACT. THE BOARD IS MANDATED TO PREPARE AND PERIODICALLY PUBLISH A SUMMARY OF ITS DECISIONS AND THE REASONING BEHIND THEM. INJURIES COMPENSABLE INCLUDE THOSE RESULTING FROM THE COMMISSION OF A CRIME OF VIOLENCE CONSTITUTING AN OFFENSE UNDER THE CANADIAN CRIMINAL CODE, THOSE OCCURING DURING THE LAWFUL ARREST OR ATTEMPTED ARREST OF A SUSPECTED OFFENDER, OR THOSE INCURRED IN PREVENTING OR ATTEMPTING TO PREVENT THE COMMISSION OF AN OFFENSE OR SUSPECTED OFFENSE. PAYMENT OF COMPENSATION MAY BE AUTHORIZED TO THE VICTIM, OR HIS OR HER LEGAL GUARDIANS OR HEIRS. APPLICATION FOR COMPENSATION MUST BE MADE WITHIN ONE YEAR OF THE INJURY OR DEATH. COMPENSATION MAY BE AWARDED FOR EXPENSES INCURRED AS A RESULT OF INJURY OR DEATH, LOSS INCURRED FROM DISABILITIES AFFECTING THE VICTIM'S CAPACITY TO WORK, PECUNIARY LOSS INCURRED BY DEPENDENTS BY THE VICTIM'S DEATH, PAIN AND SUFFERING, MAINTENANCE OF A CHILD BORN AS A RESULT OF RAPE, AND OTHER PECUNIARY LOSS OR EXPENSE RESULTING FROM VICTIM INJURY AND DEATH WHICH THE BOARD DEEMS REASONABLE TO INCUR. A COMPENSATION APPLICATION IS REVIEWED AT A BOARD HEARING, WHICH WILL GENERALLY BE OPEN TO THE PUBLIC ALTHOUGH RESTRICTIONS MAY BE PLACED ON THE PUBLICATION OF EVIDENCE. INTERIM COMPENSATION MAY BE AWARDED IN CASES OF IMMEDIATE NEED WHERE APPROVAL OF AN AWARD APPEARS LIKELY. PROSECUTION OR CONVICTION OF THE OFFENDER IS NOT NECESSARY TO THE AWARDING OF COMPENSATION. IN AWARD DETERMINATIONS ALL RELEVANT INFORMATION WILL BE CONSIDERED, INCLUDING ACTIONS OF THE VICTIM WHICH MAY HAVE CONTRIBUTED TO INJURY OR DEATH. COMPENSATION MAY BE MADE IN A LUMP SUM PAYMENT NOT TO EXCEED $15,000, OR IN MONTHLY INSTALLMENTS OF NO MORE THAN $500 PER MONTH, OR BOTH. THE BOARD MAY SET CONDITIONS OF PAYMENT AND AMEND AN ORDER OF COMPENSATION. BOARD DECISIONS WILL NOT GENERALLY BE SUBJECT TO APPEAL. IN CASES WHERE COMPENSATION IS AWARDED THROUGH CIVIL PROCEEDINGS OR WHERE OTHER REIMBURSEMENT IS OBTAINED BY THE VICTIM, REPAYMENT WILL BE MADE TO THE BOARD FOR THE VALUE OF COMPENSATION AWARDED. COMPENSATION ORDERED SHALL BE PAID BY THE LEGISLATURE OUT OF MONEYS APPROPRIATED FOR THAT PURPOSE. THE ACT WILL APPLY ONLY TO THOSE CLAIMS FOR COMPENSATION RESULTING FROM AN ACT OR OMISSION OCCURRING AFTER THE ACT COMES IN FORCE. (JAP)