Decision #04/06 - Type: Victims' Rights
Preamble
A file review was held on September 26, 2006 at the appellant’s request.
Issue
Whether or not the claim is eligible for compensation.
Decision
That the claim is not eligible for compensation.
Decision: Unanimous
Background
On June 12, 2006, the Manitoba Compensation for Victims of Crime Program (the Program) received an application for compensation from the appellant for an incident that occurred on June 15, 2000.
On June 14, 2006, the appellant was advised by the Program that his claim for compensation was ineligible as his application was received beyond the legislated one year time limit for applying to the Program and because the Program was unable to locate any police information related to the alleged incident.
The appellant subsequently appealed the above decision to the Program’s director. On June 21, 2006, the director confirmed the previous decision and stated further that the Program had no independent evidence to support that the appellant was a victim of a crime in June 2000 which was required by the Program prior to being able to consider the claim.
On June 26, 2006, the appellant appealed the Program’s decision of June 21, 2006 and a review was arranged.
Reasons
Subsection 46(1) of The Victims’ Bill of Rights provides that a person may file an application for compensation for injuries that were caused by an offence under the Criminal Code. Subsection 51(1) provides that this application must be filed within one year of the injury. Policy of the Program allows for a 30 day extension where the applicant was a minor or was medically incapacitated at the time of the injury.
As indicated above, the appellant says that he suffered an injury in June 2000. The application was filed 6 years later and is clearly beyond the one year and 30 day period allowed by the law and policy. The appellant’s evidence is that there was no medical incapacity subsequent to the injury that would have precluded an application. As such, there is no basis to grant an extension of time for an application.
Further, we note that the application filed by the appellant does not provide sufficient detail to allow his application to be adjudicated. In particular, it is unclear whether the appellant suffered an injury as a result of an offence under the Criminal Code.
In these circumstances, we are unable to find that the appellant is eligible for compensation. Accordingly the appeal is denied.
Panel Members
L. Martin, Presiding OfficerA. Finkel, Commissioner
M. Day, Commissioner
Recording Secretary, B. Kosc
L. Martin - Presiding Officer
(on behalf of the panel)
Signed at Winnipeg this 1st day of November, 2006