Decision #02/04 - Type: Victims' Rights

Preamble

An Appeal Panel hearing was held on July 5, 2004, at the request of an advocate, acting on behalf of the claimant. The Panel discussed this appeal on the same day.

Issue

Whether or not the claim is acceptable.

Decision

That the claim is not acceptable.

Decision: Unanimous

Background

In December 2003, the claimant filed a claim with the Compensation for Victims of Crime Program (the Program) because of an assault with an axe that took place on November 3, 2003.

Following review of police information that was received in connection with the assault, the program denied the claim on January 27, 2004 based on Section 54(b) of The Victims' Bill of Rights which stated the following:

"The Director may refuse to award compensation or may reduce the amount of compensation payable if he is of the opinion that:

the applicant has not assisted law enforcement authorities to apprehend or prosecute a person whose actions resulted in the victim's injury or death."

On February 6, 2004, the claimant submitted a "Request for Reconsideration" form with respect to the program's decision to deny his claim.

In a response to the claimant dated March 25, 2004, the Program's Acting Director stated that contact had been made with the police Sargeant who was familiar with the case, and that the claimant did contact its office on February 10, 2004. However, the police were still of the opinion that the claimant was withholding relevant information about the individual who assaulted him on November 13, 2003. As a result, it was felt that his claim did not meet the program's eligibility requirements. The decision was later appealed by an advocate, acting on behalf of the claimant, and an oral hearing was arranged.

Reasons

The Victims' Bill of Rights Act of Manitoba (the Act) confers on individuals, who are injured as a result of a criminal offence committed by an act or omission of another person, the right to make an application for compensation. According to section 47 of the Act, "Compensation payable to a victim in respect of his or her injury is determined in accordance with this Act and the regulations, and consists of expenses incurred by the victim in respect of the injury and, (a) if the victim is disabled by the injury, compensation for loss of wages; and (b) if the victim is permanently impaired by the injury, compensation for the impairment."

In the particular case at hand, the applicant was the victim of an alleged assault with a weapon causing bodily harm which occurred in the late evening hours of November 13th, 2003. The victim's application was initially denied because Manitoba Compensation for Victims of Crime Program (the Program) determined that the applicant had not assisted law enforcement authorities to apprehend or prosecute a person whose actions resulted in the victim's injury as is required by the Act. The applicant then appealed this decision to the Director of the Program indicating that he had cooperated with the police.

The Director decided to uphold the initial decision to deny the claim on the following grounds:
- Although the victim did re-contact the Winnipeg Police Service, they were still of the opinion that the victim was withholding relevant information about the individual who had initiated the assault on the night in question.
After thoroughly reviewing the evidence on file in conjunction with the applicant's oral testimony, we find that there are numerable inconsistencies with respect to the version of the incident as between the victim's oral evidence, his police statement and the statements furnished by five eye witnesses. Upon hearing the applicant's oral evidence, we got the distinct impression that he knew a lot more about his assailant and the reason for the assault than he was willing to divulge. We did not find him to be a credible witness.

Although the applicant was indeed assaulted, we nevertheless find that his claim is not acceptable as it does not comply with the provisions of the Act. Accordingly, the applicant's appeal is hereby dismissed.

Panel Members

R. W. MacNeil, Presiding Officer
A. Finkel, Commissioner
M. Day, Commissioner

Recording Secretary, B. Miller

R.W. MacNeil - Presiding Officer
(on behalf of the panel)

Signed at Winnipeg this 18th day of August, 2004

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