Criminal Injuries Compensation Board: A Call to Action

As many of you will know, victims of crime (including women who have experienced male violence) can apply to the Criminal Injuries Compensation Board for financial compensation. The Compensation for Victims of Crime Act, section 9(1)(c) requires the Board to notify offenders of upcoming hearings, where practicable (emphasis mine). Once notified, an offender has the right to attend the hearing, cross-examine the applicant and have access to her file.

Until recently, the Board has taken a fairly relaxed approach to this requirement, treating it largely as discretionary. It used to waive notification in cases involving sexual assault, partner abuse and childhood abuse, even if the offender had not been convicted.

The Board has changed this practice and is now interpreting the notification requirement strictly; insisting on notifying offenders in all cases where there has not been a conviction.

This leaves women in a very difficult position. To proceed with an application now means there is a very real possibility (perhaps even a likelihood) that their abuser will be present at the hearing, able to cross-examine them and review the file.

The University of Ottawa Community Legal Clinic is fighting back against this change in practice and has notified the Board that it intends to challenge the constitutionality of the legislation. The Board has responded by suggesting that a policy be developed to address how notification is handled.

The Clinic has been asked to participate in this process, and there may be stakeholder consultations. A recent Memo from the Clinic Director, Louise Toone, from which the above information is drawn, encourages interested parties to make submissions to the Board, either by sending comments to the Clinic or directly to the Board.

This is a very important women’s equality and access to justice issue. I strongly urge any of you who can to support the stand being taken by the University of Ottawa Clinic and to make a submission. You can argue that a women’s equality approach to victim compensation requires that women be protected from ongoing contact with their abusers and that women have a right to privacy of their files and records, as is set out in the Criminal Code with respect to personal records in sexual assault criminal cases.

Here is the contact information:

Megan Throop
University of Ottawa Community Legal Clinic
17 Copernicus Street
Ottawa, Ontario K1N 6N5
Fax: 613-562-5602
Email: mthro091@uottawa.ca

Criminal Injuries Compensation Board
439 University Ave, 4th floor
Toronto, Ontario M5G 1Y8
Fax: 416-326-2883