Your community legal clinic
www.communitylegalcentre.ca
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
Overview
This presentation is designed to provide you with an
understanding of the Criminal Injuries Compensation
Board process.
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What is the Criminal Injuries Compensation Board (CICB)?
The Criminal Injuries Compensation Board (CICB) is a
program funded by the Ontario government to provide
money to survivors of “violent crime”.
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What is the Criminal Injuries Compensation Board (CICB)?
You can apply for CICB if you have suffered physical, mental, emotional
or psychological injuries as a result of a crime of violence such as:
• Assault
• Sexual assault
• Criminal harassment
• Child abuse
• Domestic violence
The crime must have taken place in Ontario.
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What Expenses or Compensation Can Be Applied For?
CICB can cover expenses incurred as a result of the
injuries suffered including:
• Medical bills
• Prescription and other drug costs
• Funeral expenses
• Lost wages
• Lost income support
• Support for a child born as a result of a sexual assault
• Costs of therapy and counseling and other healing therapies including
massage
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What Expenses or Compensation Can Be Applied For?
CICB will not pay for damage to property. They will award an amount
for “pain and suffering”. In abuse and assault cases, this is usually the
biggest part of the compensation awarded.
The amount for pain and suffering will normally be awarded based on
the extent of the emotional, physical and psychological damages.
Therapy Reports from treatment providers are extremely important.
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Must Offender Have Been Charged or Convicted of a Criminal Offence?
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.
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How to Apply
Applications are available on-line at www.cicb.gov.on.ca
or by phone or written request.
The Applicant will need to provide:
• Detailed information of the crime of violence
• Location of the crime
• Medical treatment or counseling
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Is a Lawyer Required When Making a CICB Claim?
A lawyer is not required when making a claim.
Many clinics provide representation to client’s who meet
financial guidelines.
Contact your local community legal clinic for more
information.
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What is the Timeline for an Application?
An application to the CICB should 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).
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What is the Timeline for an Application?
The CICB has discretion not to grant the extension of time
and therefore, if possible, applicants should apply within the
2-year time limit.
People who were injured as children must bring a claim
within 2 years of turning 18.
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What is the Timeline for an Application?
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 be
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.
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What Happens After Someone Applies?
The CICB will look over the Application. A compensation
analyst will be assigned to the claim. They will ask for
documents that support the claim such as:
• Medical reports
• Therapy reports
• Hospital records
• Expense receipts
• Lost wages
• Witness statement or statement from someone the client told about the
abuse
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Who pays for the records?
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.
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Will CICB Notify the Offender?
CICB will notify the offender if there has not been a
conviction.
Notification has a chilling effect on victims.
If offender is notified, Applicant can request an electronic
hearing.
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Hearing Process
There are two types of hearings:
• documentary / written
• oral
The CICB will decide whether to hold a documentary or
an oral hearing.
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Documentary Hearings
A documentary hearing is based on the documents in the file only. The
client does not attend. One Board member will make a decision based
on all of the documents that have been provided. Therapy Reports are
extremely important in supporting the Applicant’s claim for pain and
suffering in documentary hearings because the Board member will only
have paper evidence and no oral testimony.
If the client is dissatisfied with the decision made at a documentary
hearing, they can request an oral hearing (but would have to wait
approximately 6 months and return the CICB cheque!).
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Oral Hearings
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.
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Factors that can reduce the award
The Board can reduce or refuse an award in three
circumstances:
• The victim’s conduct “contributed to the assault”
• The victim failed to report the crime promptly or refused to co-operate with
the criminal investigation
• The victim has received collateral benefits (WSIB, EI)
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When is the decision received
The Board will send a written decision within 2 – 4
months; if compensation has been awarded, the cheque
will be attached.
At an oral hearing a decision may be given that day; if
compensation is awarded, a cheque will arrive within 4
weeks.
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Does the CICB Award Affect Ontario Works or ODSP Assistance?
CICB awards for “pain and suffering” are exempt under
Ontario Works and the Ontario Disability Support
Program.
ODSP is requiring claimants to track their award
spending and to notify when all money has been spent.
Interest on the award is considered as income for social
assistance purposes.
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Compensation
• 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
and the Board members hearing the case.
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How Long Does the Entire Process Take?
• Approximately 12-18 months.
• The Board’s goal is for claims to be completed in 12
months.
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What do Clients Need to Know Before Bringing a CICB Application?
• Stressful process
• Need to be able to discuss the crime repeatedly
• Clients need counseling support
• Offender notification issues
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Why Should Clients bring a CICB Claim?
• Money for low income people
• Closure for victims (important factor for most claimants)
• Acknowledgement that a crime occurred
• Apology from the Board verbally and/or in writing
• $ for trauma counseling
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Contact Us
Our Service Area and Contact Information
Legal Aid Ontario funds free community legal clinics
throughout Ontario for people living on a low income.
To find the clinic closest to you, visit:
http://www.legalaid.on.ca
You can also find us in the Yellow Pages.
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