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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= | {{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Compensation Act'', RSBC 1996, c 85 [''CICA''] are both in force, it is expected that the ''CICA'' will ultimately be repealed.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Compensation Act'', RSBC 1996, c 85 [''CICA''] are both in force, it is expected that the ''CICA'' will ultimately be repealed.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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== A. The ''CVAA'' Does Not Apply to All Offences == | == 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 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 [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: | ||
*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. | ||
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=== 1. Victims === | === 1. Victims === | ||
Under | 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: | Victims may be eligible for the following benefits: | ||
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=== 2. Immediate Family Members === | === 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: | Immediate family members may be eligible for the following benefits: | ||
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*homemaker and child care expenses | *homemaker and child care expenses | ||
*crime scene cleaning | *crime scene cleaning | ||
=== 3. Witnesses === | === 3. Witnesses === | ||
"Witness" is a person who, although not necessarily related to | "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. | Witnesses may be eligible for counselling, related prescription drug expenses, transportation expenses to attend counselling, and crime scene cleaning expenses. | ||
== C. Application for Benefits == | == C. Application for Benefits == | ||
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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]. | ||
{{LSLAP Manual Navbox|type=chapters1-7}} | {{LSLAP Manual Navbox|type=chapters1-7}} | ||
