Difference between revisions of "Avenues to Address Crime for Victims (4:IV)"

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Avenues to Address Crime for Victims (4:IV) (view source)

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Although the ''CVAA'' and the ''Criminal Injury Compensation Act'' are both in force, it is expected that the ''Criminal Injury Compensation Act'' will ultimately be repealed. The transitional provisions of the ''CVAA'' allow previously adjudicated claims under the old Act to be transferred to the new Act for ongoing administration and for any further reviews. It is important to remember that, unlike under the old Act, a person cannot be awarded damages for pain, suffering, mental trauma, etc. under the ''CVAA'' – although a person can be awarded a variety of benefits, such as counselling, medical expenses, and other services or expenses. The CVAP replaces the Criminal Injury Compensation Program.  The Victim Services and Crime Prevention Division of the Ministry of Justice administers this program.  
Although the ''CVAA'' and the ''Criminal Injury Compensation Act'' are both in force, it is expected that the ''Criminal Injury Compensation Act'' will ultimately be repealed. The transitional provisions of the ''CVAA'' allow previously adjudicated claims under the old Act to be transferred to the new Act for ongoing administration and for any further reviews. It is important to remember that, unlike under the old Act, a person cannot be awarded damages for pain, suffering, mental trauma, etc. under the ''CVAA'' – although a person can be awarded a variety of benefits, such as counselling, medical expenses, and other services or expenses. The CVAP replaces the Criminal Injury Compensation Program.  The Victim Services and Crime Prevention Division of the Ministry of Justice administers this program.  


The CVAP has been developed in response to the changing needs of victims and others impacted by violent crime. Benefits are available to victims of crime, and their immediate family members and those who meet the legislation’s definition of witness. One should note that the Program is not based on a compensation model, but rather is based on a financial assistance model. This provides eligible claimants with financial support as well as additional services and assistance to aid in their recovery from the physical and psychological effects of their victimization and to offset the costs of the victimization. Under the CVAA, a victim can still: initiate civil proceedings on his or her own; and/or make a claim under the Act. If a client wishes to initiate civil proceedings after making an application under the CVAA, the CVAP Director must receive a copy of the notice of civil claim within 10 days of service on the defendant (CVAA, s 15(1)). Keep in mind that after paying fees and disbursements, any money awarded to the victim in the civil proceedings must go toward paying back the money they received under the CVAA. The fact that an accused has not been criminally charged or has been acquitted of criminal charges is not a bar to commencing civil proceedings since the legal issues and the standard of proof are different. Thedifficulty  with recovering anything directly from the accused is that  there is seldom anything to be collected. Moreover, the procedure for making an application for assistance under the CVAA is less complicated than initiating a civil action.
The CVAP has been developed in response to the changing needs of victims and others impacted by violent crime. Benefits are available to victims of crime, and their immediate family members and those who meet the legislation’s definition of witness. One should note that the Program is '''not''' based on a compensation model, but rather is based on a financial assistance model. This provides eligible claimants with financial support as well as additional services and assistance to aid in their recovery from the physical and psychological effects of their victimization and to offset the costs of the victimization.  
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Under the ''CVAA'', a victim can still:  
*initiate civil proceedings on his or her own; and/or  
*make a claim under the Act.  
 
If a client wishes to initiate civil proceedings after making an application under the ''CVAA'', the CVAP Director must receive a copy of the notice of civil claim within 10 days of service on the defendant (''CVAA'', s 15(1)). Keep in mind that after paying fees and disbursements, any money awarded to the victim in the civil proceedings must go toward paying back the money they received under the ''CVAA''.  
 
The fact that an accused has not been criminally charged or has been acquitted of criminal charges is not a bar to commencing civil proceedings since the legal issues and the standard of proof are different. The difficulty with recovering anything directly from the accused is that  there is seldom anything to be collected.  
 
Moreover, the procedure for making an application for assistance under the ''CVAA'' is less complicated than initiating a civil action.
 
=== 1. The CVAA Does Not Apply To All Offences ===
 
The ''CVAA'' applies to offences involving violence, as opposed to property related offences. The list of offences for which the ''CVAA'' applies is set out in the Schedule of Offences that can be found in Schedule 1 of the ''Crime Victim  Assistance (General) Regulations''. The ''CVAA'' does not apply where the injury or death of the victim occurred:
*in relation to an offence that occurred on or before July 1, 1972 (this is when the ''Criminal Injury Compensation Act'' came into effect);
*as the result of a motor vehicle offence, other than an assault using the motor vehicle;
*out of, and in the course of their employment; for which compensation is payable through workers’ compensation; or
*outside of British Columbia.
 
The ''CVAA'' does not apply when the applicant is a party to the prescribed offence.
 
=== 2. Who is Eligible and What They May Receive ===
 
==== a) Victims ====
 
“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:
*(i) 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
*(ii) 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; and/or
*crime scene cleaning.
 
==== b) Immediate Family Members ====
 
“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,
#*(i) “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
#*(ii) “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, and
#*(iii) “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.
 
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; and/or
*crime scene cleaning.
 
==== c) Witnesses ====
 
“Witness” is a person who, although not necessarily related to a victim, has a strong emotional attachment to the victim and who:
*(i) witnesses in close proximity:
**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
*(ii)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 (i).
 
Witnesses may be eligible for counselling, and related prescription drug expenses, transportation expenses to attend counselling and crime scene cleaning expenses.
 
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