A victim of a violent crime may be eligible for a Criminal Injuries Compensation Board (CICB) award. This webinar, presented by Sharon Powell from the Community Advocacy & Legal Centre in Belleville, is an overview of the CICB process, including who is eligible, how to apply, common myths, timelines, the hearing process, offender notification, award amounts, and reasons to apply.

1. To view this presentation as a webinar with sound visit CLEONet http://www.cleonet.ca/legal_education_webinars CLEONet is a web site of legal information for community workers and advocates who work with low-income and disadvantaged communities in Ontario. www.cleonet.ca

2. About our presenter… Sharon Powell is a Law Clerk/Advocate at The Community Advocacy & Legal Centre (CALC), a non-profit community legal clinic. CALC serves low income residents of Hastings, Prince Edward and Lennox & Addington counties. Sharon joined CALC in 2002, as an intake worker. In 2004, she assisted in developing the clinic’s case management system for Criminal Injuries Compensation Board (CICB) claims. Her primary role within the clinic is handling all of the CICB files.

3. 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. community legal centre .ca

9. 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. community legal centre .ca

10. Write or phone CICB and ask for an application. The Applicant will need to provide: Detailed information of when the crime of violence occurred The name of the offender Location of the crime If they received medical treatment or counselling How to Apply www. community legal centre .ca

11. A lawyer is not required when making a claim Our Clinic provides full representation in cases of child abuse, sexual assault or domestic violence to client’s who meet our financial guidelines Is a Lawyer Required When Making a CICB Claim? www. community legal centre .ca

12. An application to the CICB must usually 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. community legal centre .ca

13. The CICB has discretion not to grant the extension of time and therefore, if possible, applicants should apply within the 2-year time limit For people who were injured as children, the limitation period does not start to run until they turn 18

14. 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 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

16. 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. community legal centre .ca

17. CICB has the right to notify the offender. In cases of sexual assault, child abuse, domestic assault, elder abuse or homicide, the CICB will not notify the offender if there has been a conviction. If there has not been a conviction but there are special circumstances, i.e., safety concerns, the Applicant can ask for a waiver for the offender not to be notified. If the offender is notified, the Applicant can request that the CICB hold an electronic hearing. Will CICB Notify the Offender? www. community legal centre .ca

20. 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. community legal centre .ca

23. CICB awards for “pain and suffering” are exempt under Ontario Works and the Ontario Disability Support Program. The clinic writes a letter to the caseworker explaining the award and that it is exempt. Interest on the award, if the award is not spent, may be considered as income for social assistance purposes. Does the CICB Award Affect Ontario Works or ODSP Assistance? www. community legal centre .ca

24. 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 Compensation www. community legal centre .ca

25. The process is quite long. It takes approximately 2 years. In more complex cases it may take more than 2 years. How Long Does the Entire Process Take? www. community legal centre .ca

26. Lengthy, stressful process Need to be able to discuss the crime repeatedly Clients need counseling support What do Clients Need to Know Before Bringing a CICB Application? www. community legal centre .ca

27. Money for low income people Closure for victims Acknowledgement that a crime occurred Apology from the Government of Ontario verbally and/or in writing Why Should Clients do a CICB Claim? www. community legal centre .ca

29. This webinar was brought to you by CLEONet For more information visit the Criminal Law or Abuse and Family Violence sections of CLEONet at www.cleonet.ca For more legal information webinars visit: http://www.cleonet.ca/legal_education_webinars