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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)
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{{REVIEWED LSLAP | date= August 1, 2023}} | |||
{{LSLAP Manual TOC|expanded = victims}} | {{LSLAP Manual TOC|expanded = victims}} | ||
The ''Crime Victim Assistance Act'' [''CVAA''] is the primary piece of legislation that governs the Crime Victim Assistance Program (CVAP). | The ''Crime Victim Assistance Act'' [''CVAA''] is the primary piece of legislation in B.C. that governs the Crime Victim Assistance Program (CVAP). | ||
Although the CVAA and the ''Criminal Injury Compensation Act'', RSBC 1996, c 85 [''CICA''] are both in force, it is expected that the ''CICA'' will ultimately be repealed.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. | Although the CVAA and the ''Criminal Injury Compensation Act'', RSBC 1996, c 85 [''CICA''] are both in force, it is expected that the ''CICA'' will ultimately be repealed.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 Public Safety and Solicitor General administers this program. | It is important to remember that, 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 Public Safety and Solicitor General 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, 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. | 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, 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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Moreover, the procedure for making an application for assistance under the ''CVAA'' is less complicated than initiating a civil action. | Moreover, the procedure for making an application for assistance under the ''CVAA'' is less complicated than initiating a civil action. | ||
== A. 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 [https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/161_2002#Schedule1/ Schedule 1 of the ''Crime Victim Assistance (General) Regulations'']. The ''CVAA'' does not apply where the injury or death of the victim occurred: | |||
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 ''CICA'' came into effect); | *in relation to an offence that occurred on or before July 1, 1972 (this is when the ''CICA'' came into effect); | ||
*as the result of a motor vehicle offence, other than an assault using the motor vehicle; | *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 | *out of, and in the course of their employment; for which compensation is payable through workers' compensation; or | ||
*outside of British Columbia | *outside of British Columbia. | ||
The ''CVAA'' does not apply when the applicant is a party to the prescribed offence. | The ''CVAA'' does not apply when the applicant is a party to the prescribed offence. | ||
== B. Who is Eligible and What They May Receive == | |||
=== 1. Victims === | |||
Under the ''CVAA'', “victim” means a person who is injured or killed as a direct result of a prescribed offence (see above) or when acting as a “good Samaritan”, meaning they were assisting in the arrest of a person or preventing or attempting to prevent a criminal offence. | |||
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 | |||
=== 2. Immediate Family Members === | |||
Under this Act, “Immediate Family Members” may include the spouse, parent, child, or sibling of a victim who has been injured or died as a result of the prescribed offence. This may also include grandparents or grandchildren if they were financially dependent on 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 | |||
*crime scene cleaning | |||
=== 3. Witnesses === | |||
"Witness" is a person who, although not necessarily related to the victim, has a strong emotional attachment to the victim and is a witness to the prescribed offence or the immediate aftermath, and subsequently suffers psychological harm. | |||
Witnesses may be eligible for counselling, related prescription drug expenses, transportation expenses to attend counselling, and crime scene cleaning expenses. | |||
== | == C. Application for Benefits == | ||
The application forms are available from the CVAP (contact information is at the beginning of the chapter under '''Resources''') or from any police department, victim service program, and many community agencies. They are also available on the [https://www2.gov.bc.ca/gov/content/justice/criminal-justice/bcs-criminal-justice-system/if-you-are-a-victim-of-a-crime/victim-of-crime/financial-assistance-benefits Victim Services page of the Ministry of Justice website]. | |||
The CVAP staff will then obtain a police report of the incident (if the matter was reported to the police) and other supporting documents. When describing what happened on the application form, an applicant should give a general but clear statement of the event, and then make reference to the police report for additional details. They should include on the application: | The CVAP staff will then obtain a police report of the incident (if the matter was reported to the police) and other supporting documents. When describing what happened on the application form, an applicant should give a general but clear statement of the event, and then make reference to the police report for additional details. They should include on the application: | ||
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The decision regarding eligibility and entitlement to benefits involves a two-step process in which the adjudicator first determines whether the person is an eligible applicant and then determines what benefits, if any, will be provided. The decision will be made in writing and will set out the factors considered in making the determination. | The decision regarding eligibility and entitlement to benefits involves a two-step process in which the adjudicator first determines whether the person is an eligible applicant and then determines what benefits, if any, will be provided. The decision will be made in writing and will set out the factors considered in making the determination. | ||
== D. Limitation Period == | |||
== | |||
Generally, an application must be made within one year of the date of the offence or event. There are exceptions to the one-year time limit, as follows: | Generally, an application must be made within one year of the date of the offence or event. There are exceptions to the one-year time limit, as follows: | ||
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The Director also has discretion to extend the one-year time limit if satisfied that the application could not reasonably have been made within one year from the date of the offence or one year from the date the applicant turned 19. | The Director also has discretion to extend the one-year time limit if satisfied that the application could not reasonably have been made within one year from the date of the offence or one year from the date the applicant turned 19. | ||
== E. Denials or Reductions in Benefits == | |||
== | |||
Benefits can be denied if: | Benefits can be denied if: | ||
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*the applicant contributed to the circumstances giving rise to the injury or death. | *the applicant contributed to the circumstances giving rise to the injury or death. | ||
== F. Payment of Benefits == | |||
== | |||
Payments can be provided directly to the service provider, such as a counsellor, or as reimbursement to the applicant for expenses that were incurred prior to the decision being completed. Some applicants are eligible for income support or lost earning capacity benefits that are provided on a monthly basis. | Payments can be provided directly to the service provider, such as a counsellor, or as reimbursement to the applicant for expenses that were incurred prior to the decision being completed. Some applicants are eligible for income support or lost earning capacity benefits that are provided on a monthly basis. | ||
== G. Does the Alleged Offender Have to Be Charged or Convicted? == | |||
== | |||
A police report is '''not''' required and it is not necessary for an offender to be identified, charged or convicted in order for an applicant to be eligible for benefits. Where the victim has not reported the offence to the police, information from a witness or someone the applicant disclosed the incident to, or a report from a health care professional, counsellor, social worker or other agency may be accepted as supporting evidence of the offence. | A police report is '''not''' required and it is not necessary for an offender to be identified, charged or convicted in order for an applicant to be eligible for benefits. Where the victim has not reported the offence to the police, information from a witness or someone the applicant disclosed the incident to, or a report from a health care professional, counsellor, social worker or other agency may be accepted as supporting evidence of the offence. | ||
== H. Co-operation with Law Enforcement == | |||
== | |||
Since the Program is part of the criminal justice system and is a publicly funded program, there is an expectation that the victim will cooperate with the police and Crown counsel in order to hold offenders accountable. There are some exceptions in relation to issues of non-cooperation, but in general, benefits may be denied or reduced if the applicant has no reasonable basis for failing to cooperate with law enforcement. | Since the Program is part of the criminal justice system and is a publicly funded program, there is an expectation that the victim will cooperate with the police and Crown counsel in order to hold offenders accountable. There are some exceptions in relation to issues of non-cooperation, but in general, benefits may be denied or reduced if the applicant has no reasonable basis for failing to cooperate with law enforcement. | ||
== I. Prior Claims with the Criminal Injury Compensation Program (CICP) == | |||
== | |||
Applications received prior to June 30, 2002 will have been adjudicated under the ''CICA'' by the CICP. Once a final determination was made under the ''CICA'', ongoing administration of the claim transfers to the CVAP and any further reviews for reassessment or reconsideration will be conducted in accordance with the ''CVAA''. | Applications received prior to June 30, 2002 will have been adjudicated under the ''CICA'' by the CICP. Once a final determination was made under the ''CICA'', ongoing administration of the claim transfers to the CVAP and any further reviews for reassessment or reconsideration will be conducted in accordance with the ''CVAA''. | ||
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If a person was receiving a pension from the CICP, they will remain eligible for an ongoing pension, subject to the same conditions and limitations, except where there is a change in circumstance such that their injury improves or worsens. In cases where there is a change in their condition, their claim will be reviewed under the provisions of the ''CVAA''. | If a person was receiving a pension from the CICP, they will remain eligible for an ongoing pension, subject to the same conditions and limitations, except where there is a change in circumstance such that their injury improves or worsens. In cases where there is a change in their condition, their claim will be reviewed under the provisions of the ''CVAA''. | ||
== J. Types of Reviews == | |||
== | |||
Once an original adjudication is completed, there are two types of reviews available. Under s 12 of the ''CVAA'', if there is new information available or there has been a change of circumstance that could affect the applicant’s eligibility for benefits, a '''reassessment''' decision can be completed. | Once an original adjudication is completed, there are two types of reviews available. Under s 12 of the ''CVAA'', if there is new information available or there has been a change of circumstance that could affect the applicant’s eligibility for benefits, a '''reassessment''' decision can be completed. | ||
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The Director may extend the time limit for making the request for reconsideration if satisfied that a request for reconsideration could not reasonably have been '''delivered''' within the limitation period. Note that since the legislation restricts consideration to whether or not the request could have been “delivered” within the requisite time period, there are limited grounds for an extension (e.g. interruption of mail service, the applicant moved and the decision was returned to the program for re-direction, etc.). | The Director may extend the time limit for making the request for reconsideration if satisfied that a request for reconsideration could not reasonably have been '''delivered''' within the limitation period. Note that since the legislation restricts consideration to whether or not the request could have been “delivered” within the requisite time period, there are limited grounds for an extension (e.g. interruption of mail service, the applicant moved and the decision was returned to the program for re-direction, etc.). | ||
A reconsideration decision is considered final and conclusive and is not subject to further review except by way of a '''judicial review'''. The legislation provides that an application for judicial review on a question of law or excess of jurisdiction must be brought not later than '''60 days''' after the decision is made. The application is made to the provincial or territorial Superior Court (e.g., Supreme Court of British Columbia). Once the application is accepted, the Superior Court decides whether to set aside the adjudicator’s decision and to order for a re-hearing. Winning at the judicial review hearing is not a guaranteed win at the new adjudicative hearing. For more information, consult [https://judicialreviewbc.ca/ | A reconsideration decision is considered final and conclusive and is not subject to further review except by way of a '''judicial review'''. The legislation provides that an application for judicial review on a question of law or excess of jurisdiction must be brought not later than '''60 days''' after the decision is made. The application is made to the provincial or territorial Superior Court (e.g., Supreme Court of British Columbia). Once the application is accepted, the Superior Court decides whether to set aside the adjudicator’s decision and to order for a re-hearing. Winning at the judicial review hearing is not a guaranteed win at the new adjudicative hearing. For more information, consult [https://judicialreviewbc.ca/ this]. | ||
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