Practice Direction on Alleged Offenders

The Criminal Injuries Compensation Board (CICB) is an adjudicative tribunal created by the Compensation for Victims of Crime Act (CVCA). The CICB decides whether an applicant has been a victim of crime and, if so, whether to award compensation from public funds for the injuries or death that resulted from the crime.

Notice of Application and Response

Where, after reviewing an application, it is not clear whether a crime of violence occurred, the CICB may issue a Notice of Application to a person identified in the application as responsible for the alleged crime of violence. That person is called an "alleged offender".

An alleged offender may choose to participate in the proceeding by completing and returning the Response which may include supporting documents. The Response must be returned to the CICB within 30 days of receiving the Notice of Application. If the Response is not filed by this deadline the application will proceed without the alleged offender's involvement and the alleged offender will not receive any further notice.

The CICB's Powers

The CICB may compensate an applicant even when criminal charges were not laid or charges were laid but there was no conviction.

The CICB does not have authority to punish alleged offenders and cannot lay criminal charges, prosecute or convict anyone.

The CICB does not exercise its power to recover payment of some or all of the compensation ordered (subrogation) from an alleged offender. Therefore an alleged offender has no financial interest in the outcome of an application.

Disclosure of Information Relevant to the Alleged Crime of Violence

Where an alleged offender participates in an application, the CICB will disclose documents or portions of documents relevant to the alleged crime or crimes of violence. This might include police information about any investigation or charges. Information about the applicant's injuries/treatment and details of compensation requested is not disclosed to the alleged offender because it is not relevant to whether a crime of violence occurred.

Alleged Offender's Participation in a Hearing

The CICB's proceeding is not adversarial. Many CICB applications are decided on the basis of written materials and without an oral hearing.

If the hearing is held in person the alleged offender and the applicant will be in different hearing locations. Where an alleged offender participates in the hearing, the panel will hear the evidence and submissions on the crime of violence first. Once that portion of the hearing is completed the alleged offender will be excused from the hearing and CICB will hear evidence and submissions on the remaining issues. The alleged offender will not hear the applicant's evidence about treatment or injuries.

Where the CICB is concerned that the alleged offender's participation could re-victimize the applicant the alleged offender will be directed to provide questions for the applicant in writing to the panel. If the panel is satisfied the questions are relevant and appropriate, the panel will ask the questions on behalf of the alleged offender.

Effective as of February 16, 2018