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Clientele : Witnesses and Victims Subject : Compensation for Victims of Crimes Print date : February 8th, 2012

Witnesses and Victims
Compensation for Victims of Crimes
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Crime victims often feel that our legal system leaves them out in the cold. A law called the Crime Victims Compensation Act was created to ensure that victims receive the support they need, and financial compensation.

In Quebec, an organization called IVAC (Indemnisation des victimes d’actes criminels) handles compensation requests from crime victims.

Also, victims can get emotional support and information from the Centres d’aide aux victimes d’actes criminels (CAVACs).

In this Infosheet, Éducaloi describes these support programs and explains how to apply for compensation.
You can get compensation for some kinds of harm you suffered. The IVAC program (Indemnisation des victimes d'actes criminels) was set up by the Quebec government to compensate victims of criminal acts for physical and psychological injuries. It does not compensate for damage to property. However, does cover physical or psychological injury that results from a crime involving property, for example, an armed robbery.

The IVAC program is administered by a branch of the the Commission de la santé et de la sécurité du travail(CSST).
To be eligible for this program, the victim must have been injured or killed during a criminal act in Quebec. A claim for compensation must be made within one year of the crime. The injury must be physical or psychological. A claim can be made based on a lot of different kinds of criminal acts: assault, sexual assault, forcible confinement, kidnapping, theft, etc.

However, a person will not be eligible if she voluntarily put herself in a situation where the risk of injury was predictable, for example, by taking part in a criminal act. As an example, a person who plants a bomb would not be eligible.
To prove an injury, the victim can simply give her permission for someone to consult the medical or psychosocial reports listed in the application for compensation. She therefore does not have to include the actual reports with the application.

You should know that victims don’t have to make a complaint to the police to be able to ask for compensation. But if the victim does decide to make a complaint, the IVAC will ask the police for any relevant information.
If you are a victim seeking compensation, you should first contact IVAC to get the application form. (See the question “How do I get the form to apply for IVAC compensation?”). The application must be made within a year of the crime.

If your claim is accepted, your file will be sent to a compensation officer. The officer will decide the type of compensation to which you are entitled. A rehabilitation counsellor might also examine your needs and suggest steps to help you return to your everyday activities. If necessary, the victim will have to meet with an IVAC doctor, who will determine when the injuries has stabilized or healed. This date will be used to determine when you can go back to work or, if you are unemployed, to your regular daily activities.
The most common kind of compensation is medical assistance. This assistance includes hospitalization, medical and surgical care, nursing care, medication and other pharmaceutical products, and prosthetic and orthopedic devices. Psychotherapy is also included.

IVAC also gives compensation for temporary or permanent injuries and disabilities. A temporary injury lasts for a limited period of time. For example, if you break your arm during a criminal act. Once the arm is healed, the temporary injury ends. A permanent injury means, for example, that you lose the use of your arm for the rest of your life.

For temporary injuries, IVAC gives monthly payments to replace work income.

For permanent injuries, IVAC gives lump sum compensation (a one-time payment of money). The amount is set according to CSST rates.

IVAC also gives compensation if you end up with a disability that interferes with your ability to do your job. For example, you were a hairdresser before the crime, and now suffer from constant hand tremors that prevent you from working, the IVAC will examine the financial consequences of your condition and offer you compensation.

Finally, IVAC can give compensation to help a child born as a result of a sexual assault.
If the victim of a crime dies, his relatives can get compensation. His spouse or partner, dependents, or his parents (if the victim was under 18) can get compensation and money to help pay for funeral expenses.

Relatives can also get psychotherapy services if the victim dies or disappears or if the IVAC decides that this kind of support would be helpful to the relatives.

“Relatives” includes the victim’s spouse or partner, brothers and sisters, parents (or people acting as parents), grandparents, children, children of the victim’s spouse or partner, and the children of the spouse or partner of the victim’s mother or father.

Only one relative of the victim can benefit from these services. If the victim survived the criminal act, it is the victim who chooses which relative will benefit.

But in the case of the death or disappearance of a victim under 18 years old, both parents can benefit from these services.

Relatives of the victim can also make use of the services offered by the CAVAC. See the question “What services are offered by the CAVAC?”
IVAC provides help through health professionals, including psychosocial specialists, dentists, acupuncturists, chiropractors, occupational therapists and physiotherapists.

IVAC also offers referrals to community resources or health and social services.

It also provides professional rehabilitation services to students and workers.

In addition, IVAC reimburses general expenses such as:

  • hospital care, medication and other pharmaceutical products, and prosthetic or orthopedic devices
  • travel or overnight stay expenses for receiving care or attending court, ambulance costs, and the cost of adapting a vehicle
  • childcare expenses and personal home care expenses for victims who cannot care for themselves or do daily tasks
  • cleaning, repair or replacement expenses for clothing worn during the crime, or furniture broken during the crime
  • security expenses (changing locks, installing an alarm system, self-defence courses, but NOT dog training)
  • compensation for breaking a lease and moving (in cases of violence, but not for threats)
IVAC handles compensation claims, while the CAVACs (Centres d'aide aux victimes d'actes criminels) offer psychosocial support.

As a victim, relative of a victim or witness to a crime, the CAVACs offer services such as:

  • telephone support
  • emotional and moral support
  • basic information about the legal system and a victim’s rights and remedies
  • support for dealing with other private and public organizations, including the courts
  • information about appropriate legal, medical, social and community resources for victims

This help is available for both crimes involving physical injury and loss of property. It does not matter that the victim did not complain to the police. The services of the CAVACs in each region of Quebec are free and confidential.
Yes. The person accused of the crime does not have to be found guilty for you to be entitled to compensation. It is enough that you give the IVAC strong evidence that you were the victim of a criminal act.

An IVAC investigator might interview you to check that your claim is legitimate. The investigator might also question other people, for example, a doctor who can say that you are suffering from post-traumatic stress or are consulting her for psychological problems related to the events.
Yes. To contest a decision, you must contact IVAC within 30 days of receiving the decision or within 90 days in cases involving permanent disability.

You have to write a short letter explaining why you are contesting the decision. If you wish, you can also meet with an IVAC officer to explain your situation in person. An officer will review your file and make a decision within a reasonable timeframe.

If you are still not satisfied with the decision, you can appeal to the Tribunal administratif du Québec within 60 days of the date you were notified of the decision.
If you were a victim of a criminal act that happened at work and you suffered injuries, you might be eligible for compensation under the Act respecting industrial accidents and occupational diseases. The CSST (Commission de la santé et de la sécurité au travail) is responsible for this law, which deals with workplace injuries.

The compensation available under this law includes care needed to recover from an injury, payment of compensation for lost salary or physical injuries, social, professional, or physical therapy, and compensation in case of death. For more information, contact the CSST.
There a few different ways:

  • Pick it up in person at the IVAC head office at 1199 de Bleury in Montreal or at one of the regional CSST offices
  • Phone the IVAC head office at (514) 906-3019 or 1-800-561-4822 to ask them to send you the form by mail
  • Phone the CAVAC nearest you to either get the form by mail or to make an appointment someone who will give you a form and help you fill it out
  • Download the form from the IVAC website
Important
These questions and answers are for general informational purposes only. If you have a specific problem, consult a legal professional.
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