Decision #05/07 - Type: Victims' Rights
Preamble
The appellant filed a claim for benefits from the Manitoba Victims of Crime Program (the Program) claiming that she was involved in a hit and run accident on July 6, 2006 whereby she was struck by a car. Her claim was denied by the Program based on the fact that there was no police evidence to support that the appellant was of a victim of an criminal code offence that was covered by the Program. The appellant appealed this decision to the Appeal Commission and a file review took place on August 21, 2007.Issue
Whether or not the claim is eligible for compensation.Decision
That the claim is not eligible for compensation.Decision: Unanimous
Background
On April 23, 2007, the appellant filed a claim with the Program indicating she was struck by a car on July 6, 2006 and was the victim of a hit and run accident.
On April 27, 2007, the Program determined that the appellant’s claim was ineligible for compensation as the offence was not included in the Program’s legislation and was not covered under their Program. Subsection 46(1) of the Victims’ Bill of Rights (the VBR) was quoted in the decision.
In a further decision dated May 25, 2007, the Director of the Program confirmed that the appellant’s claim was ineligible for compensation. She stated,
“Your claim was denied pursuant to Section 46(1) of the Victims’ Bill of Rights as there is no police evidence to support that you were the victim of an eligible criminal code offence that is covered by the Compensation for Victims of Crime Program.
Program staff have attempted to obtain a report from The Winnipeg Police Service to verify that a criminal incident occurred in 2006, however were unsuccessful in finding any record of the allegations that you outline in your application for compensation.
Please note that Section 54(a) of the Victims’ Bill of Rights states that:
The director may refuse to award compensation or may reduce the amount of compensable payable if s/he is of the opinion that:
a) the event that resulted in the victim’s injury or death was not reported to law enforcement authorities within a reasonable time after it occurred.”
On June 20, 2007, the appellant appealed the above decision to the Appeal Commission and a file review was arranged for August 21, 2007.
Reasons
Appellant’s Position:
In her appeal form the appellant wrote “I was seriously injured perhaps moreso psychologically than physically. The physical injuries were intense however. I literally did not know what had happended (sic). I was extremely confused as to what to do. It must have been obvious to supervisors at [employer’s name] I’d been injured...”
In documents on her claim file, the appellant provided information regarding the alleged incident. She indicated that she was struck by a vehicle while performing her work duties. She indicates that she was not conscious of being struck or how she fell but remembers that she slammed into the ground. The appellant indicated that she woke up sprawled on the sidewalk. She did not identify the vehicle and indicated that no witnesses came forward.
The appellant indicated that she did not initially report the incident to her employer and that it took a long time for her to remember that she was hit.
Analysis
Compensation for victims of crime is provided in accordance with the VBR. To be eligible for benefits a victim must have been injured as a result of an event that occurred in Manitoba that is caused by specified offences under the Criminal Code (Canada). As well, the incident must be reported to law enforcement authorities and the victim must assist law enforcement authorities to apprehend or prosecute the person responsible for the injury.
The panel is unable to conclude, on a balance of probabilities, that the appellant sustained an injury as a result of a criminal act. The details of the incident are unclear and involve speculation on the part of the applicant as to what might or might not have occurred. As well, there is no corroborative evidence of a hit and run or other incident having taken place. As such, the panel, on a balance of probabilities, is unable to find that the applicant was a victim of a crime or that she sustained an injury as a result of a crime.
Alternatively, even if the panel were to find the applicant was a victim of a specified offence, the panel would refuse to award compensation under subsection 54(a) of the VBR. This section provides that an award for compensation may be refused if the event that resulted in the victim’s injury was not reported to law enforcement authorities within a reasonable time after it occurred. The evidence does not establish that the appellant reported the incident to law enforcement authorities. The Winnipeg Police Service was unable to provide the Program with any record of the allegations outlined by the appellant. The panel finds, for all these reasons, that this is an appropriate case to refuse an award of compensation under subsection 54 (a) as well.
Panel Members
A. Scramstad, Presiding OfficerA. Finkel, Commissioner
M. Day, Commissioner
Recording Secretary, B. Kosc
A. Scramstad - Presiding Officer
Signed at Winnipeg this 17th day of September, 2007