Decision #05/23 - Type: Victims' Rights
Preamble
The claimant is appealing the decision by the Manitoba Compensation for Victims of Crime Program (the "Program") their application for compensation under The Victims' Bill of Rights (the "VBR") is ineligible. A file review was held on June 27, 2023 to consider the claimant's appeal.
Issue
Whether or not the application is eligible for compensation.
Decision
The application is not eligible for compensation.
Background
On September 2, 2022, the claimant filed an application for compensation under the Program for incidents that took place in approximately 1961 or 1962. The claimant stated on their application they were assaulted over a period of two months when they were 9 years old.
On December 12, 2022, the Program determined that the claim was not eligible for compensation as the incidents took place between 1963 and 1964 according to police service records and predated the existence of any legislation that provided compensation to victims of crime.
On January 13, 2023, the claimant requested reconsideration of the Program's decision, noting that while the assaults took place when they were a child, they were only now able to deal with how those assaults affected them.
On March 14, 2023, the Director of the Program confirmed the decision that the claimant's application was ineligible for compensation. The Director noted there was no legislative authority that allowed an exception for compensation for victims of crime prior to the enactment of the legislation.
On March 25, 2023, the claimant appealed the decision to the Appeal Commission and a file review was arranged.
Reasons
Applicable Legislation
The claimant is appealing the decision by the Program denying the eligibility of their application for compensation.
The claimant has filed their application under the VBR. The VBR is successor legislation to The Criminal Injuries Compensation Act (the "CICA"). The CICA was proclaimed in force November 30, 1970 and, pursuant to section 29 of the CICA, was stated to be retroactive and "deemed to have been in force on, from and after the sixteenth day of July, 1970."
Subsection 6(1) of the CICA provided that where a person is injured and the injury is caused by an act or omission that is an offence under the Criminal Code (Canada) as specified in Schedule 1 to the CICA, the board "may upon receipt of an application in writing make an order in accordance with this Act for the payment of compensation..."
Section 25 of the CICA spoke to the date the program would come into effect, and read as follows:
Effective date.
This Act applies in respect of claims for compensation arising from injury or death occurring after this Act comes into force.
The CICA was subsequently repealed and replaced by the VBR. Section 72(3) of the VBR confirms, that despite the repeal of the CICA, an application for compensation may be made within the time allowed under the CICA but is deemed to be made under the VBR.
Claimant's Position
The claimant is self-represented. The claimant's position was that they continue to suffer from the effects of the crime that occurred, and should not be disqualified from compensation in the circumstances of their case.
The claimant noted that their application was denied because "victims compensation" was introduced in 1970 and the incidents occurred between 1963 and 1964, and there was no legislative authority for an exception. The claimant submitted that:
An exception could be made on moral grounds. I still suffer from these incidents and require compensation for counselling.
Analysis
The issue before the panel is whether or not the claimant's application for compensation is acceptable. For the appeal to be successful, the panel would have to find that the claimant's application for compensation in respect of incidents and injuries occurring in 1963 and 1964 is eligible for, or can be accepted for, compensation under the Program. The panel is unable to make that finding.
The panel is satisfied that the CICA was clear as to the effective date of the program. Section 25 of the CICA expressly stated that it applied "…in respect of claims for compensation arising from injury or death occurring after this Act comes into force." (emphasis added) Section 29 of the CICA further expressly provided that the CICA came into force on July 16, 1970.
The panel finds that the legislation was clear and unambiguous, and specifically did not allow for applications with respect to criminal injuries or incidents that occurred prior to July 16, 1970.
The claimant has argued that an exception could be made in this case on moral grounds. The panel is unable to accept that argument. The panel notes that we are bound by the provisions of the legislation. The panel is unable to identify any provision in the CICA (or the VBR) which would enable us to make an exception in these circumstances or any other basis on which the application for compensation could be accepted.
Accordingly, while the panel has considerable sympathy for the claimant, we are unable to find that their application for compensation in respect of the incidents and injuries occurring in 1963 and 1964 is eligible for, or can be accepted for, compensation under the Program.
Based on the foregoing, the panel finds that the claimant's application is not eligible for compensation.
The claimant's appeal is dismissed.
Panel Members
M. L. Harrison, Presiding Officer
J. Peterson, Commissioner
M. Kernaghan, Commissioner
Recording Secretary, J. Lee
M. L. Harrison - Presiding Officer
(on behalf of the panel)
Signed at Winnipeg this 25th day of August, 2023