Decision #05/02 - Type: Victims' Rights

Preamble

A non oral file review was held on September 5, 2002, at the request of the claimant.

Issue

Whether or not the time frame for filing the appeal should be extended pursuant to the provision of subsection 60(2) of the Victims' Bill of Rights; and

Whether or not the application is acceptable.

Decision

That the time frame for filing the appeal should not be extended pursuant to the provision of subsection 60(2) of the Victims' Bill of Rights; and

That the application is not acceptable.

Decision: Unanimous

Background

On November 9, 2001, the claimant completed an application for compensation benefits with the Victims of Crime Program for an incident that occurred on March 15, 2000. On this date, the claimant indicated that he was walking down Main Street at 2:30 a.m. when two males approached him for a cigarette. When he told them that he didn't smoke, the claimant was knocked to the sidewalk and his assailants started kicking him in the face and head with steel-toed boots. The claimant advised that he did not report the incident to the police as he was not aware that he could.

On November 30, 2001, an adjudicator with the Victims of Crime Program wrote to the claimant. The claimant was asked to complete a "Request for Extension of Application Deadline" form as current legislation dictated that a compensation claim must be filed within one year after the date of the event unless there were appropriate and extenuating circumstances. The claimant completed the form on December 6, 2001. The claimant, stated, in part, that he was psychologically or mentally incapable of filing a claim because " For a couple of months, I was incapable of filing. But at that time I didn't know I could file a claim. I was not in my right state of mind." The claimant further advised that he did not apply for compensation within the one year application period because "I did not know anything about applying for compensation."

In decision dated February 5, 2002, the claimant was informed that his claim had been denied as his application was filed after the one year time line and because he did not report the incident to the police within a reasonable time period. This decision was upheld by the program's director on April 18, 2002. The claimant subsequently appealed the decision and a non-oral file review was conducted at the Appeal Commission.

Reasons

Section 60(2) of the Victims' Bill of Rights Act (the Act) provides that the time allowed to appeal a reconsideration decision may be extended if the person appealing has a reasonable excuse for his/her failing to appeal within the prescribed time period. After carefully and thoroughly reviewing the evidence, we find that there are no extenuating circumstances, which would allow us to extend the time frame for filing an appeal.

Notwithstanding the foregoing determination, we also find that the victim's application for compensation under the Act is not acceptable as he failed to submit his claim within one year after the date of the event, which had resulted in his injury.

Panel Members

R. W. MacNeil, Presiding Officer
A. Finkel, Commissioner
L. Butler, Commissioner

Recording Secretary, B. Miller

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

Signed at Winnipeg this 7th day of October, 2002

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