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Difference between revisions of "Crime Victim Assistance Program (4:III)"
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Crime Victim Assistance Program (4:III) (view source)
Revision as of 19:49, 7 August 2020
, 19:49, 7 August 2020→2. Who is Eligible and What They May Receive
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=== 2. Who is Eligible and What They May Receive === | === 2. Who is Eligible and What They May Receive === | ||
== A) Victims == | |||
Under this Act, “victim” means a person who is injured or killed as a direct result of either a prescribed offence or when acting as a “good Samaritan” while: | |||
#lawfully arresting or attempting to arrest a person, or assisting or attempting to assist a peace officer to arrest a person, in respect of a criminal offence; or | |||
#lawfully preventing or attempting to prevent an offence or a suspected offence under the Criminal Code or assisting or attempting to assist a peace officer to do so. | |||
Victims may be eligible for the following benefits: | |||
*medical or dental services or expenses | |||
*disability aids | |||
*vocational services or expenses | |||
*repair or replacement of damaged or destroyed personal property (glasses, disability aids or clothing only - not stolen property) | |||
*vehicle modification or acquisition for disabled victims | |||
*maintenance for a child born as a result of the prescribed offence | |||
*lost earning capacity (in relation to long term injuries) | |||
*prescription drug expenses | |||
*counselling services or expenses | |||
*protective measures, services or expenses for high-risk victims | |||
*home modification, maintenance or moving expenses | |||
*income support | |||
*transportation and related expenses | |||
*crime scene cleaning | |||
== B) Immediate Family Members == | |||
Immediate family members may be eligible for the following benefits: | |||
*counselling services or expenses | |||
*vocational services or expenses | |||
*income support for dependent family members of a deceased victim | |||
*prescription drug expenses (related to psychological trauma) | |||
*funeral expenses | |||
*transportation and related expenses | |||
*earnings loss due to bereavement leave | |||
*homemaker and child care expenses | |||
*crime scene cleaning | |||
Under this Act, “Immediate Family Members” include persons who at the time of the offence were: | |||
#a spouse, child, sibling, step sibling, half sibling or parent of the victim, and, for this purpose, | |||
##"spouse" means a person who: | |||
##*is married to the victim; | |||
##*is living and cohabiting with the victim in a marriage-like relationship; or | |||
##*was qualified as a spouse under law or was entitled to maintenance/alimony/support when the incident occurred | |||
##"child" includes: | |||
##*a child to whom the victim stands in the place of a parent; | |||
##*a child who is eligible for child support under another enactment; | |||
##*a child of the victim born after the death of the victim; or | |||
##*an adult to whom the victim stood in the place of a parent when the adult was a child | |||
##"parent" includes: | |||
##*a person who stands in the place of a parent to the victim; or | |||
##*a person who stood in the place of a parent to the victim when the victim was a child | |||
#if dependent in whole or in part on the victim for financial support, a grandparent or grandchild of the victim. | |||
== C) Witnesses == | |||
"Witness" is a person who, although not necessarily related to a victim, has a strong emotional attachment to the victim and who: | |||
*is a witness in close proximity to: | |||
**a prescribed offence that causes a life-threatening injury to, or the death of, the victim; or | |||
**the immediate aftermath of a prescribed offence that causes the death of the victim, in circumstances that are sufficient to alarm, shock, and frighten a reasonable person with that emotional attachment to the victim, and | |||
*suffers psychological harm that: | |||
**is diagnosed by a registered psychologist or a medical or nurse practitioner as a recognized psychological or psychiatric condition; and | |||
**in the opinion of the person who makes the diagnosis, is the result of the circumstances in subparagraph 1. | |||
Witnesses may be eligible for counselling, related prescription drug expenses, transportation expenses to attend counselling, and crime scene cleaning expenses. | |||
=== 3. Application for Benefits === | === 3. Application for Benefits === | ||
