Overview of the Crime Victim Assistance Act

Background
The Crime Victim Assistance Act replaced the Criminal Injury Compensation Act which had been administered by the Workers' Compensation Board (now WorkSafe BC) since 1972. The change in legislation restructures benefits to be more responsive to the immediate and long-term needs of victims and other claimants.

Based on a financial assistance model, the Act helps victims, immediate family members and eligible witnesses with the costs associated with the victimization rather than providing compensation for pain and suffering. The Crime Victim Assistance Act replaces the current wage-loss benefit scheme in order to provide income support across a broader range of victims, including caregivers, children, students and others who for various reasons were not attached to the work force at the time of their injury.

1. Who is eligible for benefits under the Crime Victim Assistance Act?

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:

(a) 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

(b) 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/replacement of damaged or destroyed personal items (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
• prescription drug expenses
• counselling services or expenses
• protective measures, services or expenses for high risk victims
• home modification, maintenance or moving expenses
• homemaker, childcare or personal care services or expenses
• income support
• transportation and related expenses

Immediate Family Members
'Immediate family members' include:

A) 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
• former spouse who is eligible for maintenance or alimony under another enactment

(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.

B) if dependent in whole or in part on the victim for financial support, a grandparent or grandchild of the victim;

Immediate family members who experience economic loss or psychological harm, or are a minor child of a deceased victim, 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
• loss of parental guidance for a minor chilprescription
• drug expenses
• funeral expenses
• transportation and related expenses
• earnings loss due to bereavement leave

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) a prescribed offence that causes a life threatening injury to, or the death of, the victim; or

(b) 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:

(a) is diagnosed by a registered psychologist or a medical practitioner as a recognized psychological or psychiatric condition; and

b) in the opinion of the person who makes the diagnosis, is a result of the circumstances in subparagraph (i);

Witnesses may be eligible for:

• counselling services and related prescription drug expenses

2. Does the Act apply to all offences?
The Crime Victim Assistance Act applies to all offences set out in the Schedule of Offences. The schedule of offences is a list of all criminal code offences covered by the Crime Victim Assistance Act. The Schedule of Offences can be found in Schedule 1 of the Crime Victim Assistance (General) Regulations.

The Act does not apply where the injury or death of the victim occurred:

• in relation to an offence or event that occurred on or before July 1, 1972 (this is when the Criminal Injury Compensation Act came into effect);
• as the result of the operation of a motor vehicle offence, other than an assault using the motor vehicle;
• during or out of the course of employment if compensation under the Workers Compensation Act or similar Act in another jurisdiction is payable; or
• outside of British Columbia.

3. What happens in the event of multiple offences?
Where there have been two or more offences that occur over a period of time that are related in nature and are committed by the same offender, the victim can make one application. For example, a series of offences of uttering threats and assault by one offender could be considered in their totality.

4. Is there a time limit to apply?
In most instances, an application must be made within one year of the date of the offence or event. Exceptions include:

(a) applicants who are minors - they will have one year from the date on which they turned 19 to apply for benefits;

(b) a victim whose offence was based on sexual misconduct while they were under 19 or where the offence includes sexual assault; or

(c) where the director of the Crime Victim Assistance Program is satisfied the application could not have reasonably been made within the one year from the date of offence or of having turned 19.

5. How are benefits paid?
Direct payments can only be made to the victim, immediate family member, witness or their legal guardian. Where an immediate family member applied on behalf of a claimant, that person must become their legal guardian before payment can be directed to them on behalf of the claimant. Alternatively, any direct payment of funds can be made to the Public Guardian and Trustee.

Payments can be provided as a service, such as counselling or vocational rehabilitation, as a lump sum, as periodic payments or as a combination of any of these methods.

6. When might a decision be postponed?
A decision can be postponed until the applicant has applied for benefits they may be entitled to from another source, or until it is determined an applicant is eligible for benefits from another source. Another source may include the employer's health plan, WorkSafe BC , Canada Pension Plan, personal disability insurance, or other source.

A decision may also be postponed to wait for the outcome of a criminal matter.

7. For a victim, immediate family member or witness to be eligible for benefits does the alleged offender have to be charged or convicted?
While a police report is required except in exceptional circumstances, charges are not required, nor are a prosecution or conviction. Where the victim has not reported the offence to the police, a report to a health care professional, counsellor, social worker or other agency may be accepted.

8. What if a person currently has a claim with the Criminal Injury Compensation Program?

• If an application was received by the Criminal Injury Compensation Program on or before June 29, 2002 a decision on that application will be made under the Criminal Injury Compensation Act by the Criminal Injury Compensation Program.
  
• The Criminal Injury Compensation Program will also continue to be responsible for all reviews and appeals that have been made by June 29, 2002 or that are within the 90 day appeal period.

9. What if a person is not eligible for a review or appeal under the Criminal Injury Compensation Act?
If a person is not eligible for a review or appeal under the Criminal Injury Compensation Act, they may be eligible for a reassessment or reconsideration under the Crime Victim Assistance Act.

10. Can a person who applied for benefits under the Criminal Injury Compensation Act also get benefits under the Crime Victim Assistance Act?
If a person has an ongoing need for benefits, they may be eligible for benefits under the Crime Victim Assistance Act, except in certain circumstances. If a person was awarded pain and suffering under the Criminal Injury Compensation Act, they are not eligible for new benefits available under the Crime Victim Assistance Act because these benefits were introduced to counterbalance the elimination of pain and suffering awards. These benefits include:

• Protective measures
• Lost earning capacity
• Transportation and related expenses if those expenses are related to attend legal proceedings
• Maintenance of a child born as a result of a prescribed offence
• Vocation services/expenses if the former applicant was unemployed at the time of his or her injury for which compensation was awarded.

11. What if a person is currently receiving a pension from the Criminal Injury Compensation Program?
If a person is currently receiving a pension from the Criminal Injury Compensation Program, that pension amount will remain the same and be subject to the same conditions and limitations. The cost of living adjustment will not be added to the existing pension amounts. If there is a change in circumstance (if an injury improves or worsens) the Crime Victim Assistance Program should be contacted.