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Victims' bonanza

>> Lousy drivers to pour extra cash into Quebec's victim resource industry


 

by KRISTIAN GRAVENOR

Anybody who gets their purse stolen, whacked by their spouse or smacked in a bar should raise a toast to bad drivers starting July 1. Quebec's bountiful compensation package for victims of violent crime is set to become even more generous, as a new $10 levy on highway tickets will be redirected to victims of physical crimes. Quebec's car-cash grab will raise $10-million more per year for the provincial government to offer victims "phone consultations about their rights and the court process, drives to court and other medical and community support," says Monique Gauthier, press flak for the Crime Victims' Indemnity Commission (IVAC). IVAC doles out $40-million a year to somewhere between "8,000 to 10,000" claimants. A sister group called the Aid Centre for Victims of Criminal Acts (CAVAC), which manages 96 employees in 14 Quebec locations, will administer the added $10-million.

Quebec began giving money to victims of violent crime in 1972 but, according to a Solicitor-General's report from 1987, less than one per cent of Quebec's crime victims applied for the money.

Gauthier says she does not know what proportion of current victims know about their potential for cash compensation, but mentions that IVAC's attempts to publicize their fund consist of once-a-year advertisements in magazines aimed at medical professionals.

Those who fill out the right forms can benefit from some of the richest compensation available to victims anywhere. "Unlike other victims' compensation funds in North America, ours has no minimum or maximum payment. With some others, they only give up to $50,000 a year, but we have no limit and people can receive it all their lives," says Gauthier. Those approved receive up to 90 per cent of their salary, and partners of those who died from violence can receive 60 per cent of the deceased person's former wages. Children can have their studies paid until 23 years of age.

No set formula exists for victims of specific crimes. "We don't study the types of crimes and the kind of damage they cause. Everybody reacts differently from an event," says Gauthier. Mental or physical damage is rewarded based on the assessment of health professionals.

In 2001, IVAC rejected 641 of 4,002 applications for victims' compensation, an acceptance rate of 78 per cent. Almost half of those refused were rejected due to an absence of proof, but applicants are not required to provide airtight explanations.

"In court, proof is defined as something being beyond reasonable doubt, but we use 'preponderance of proof,' so if somebody tells us what happened and it seems plausible, and it seems probable, then we can accept the demand," says Gauthier. Those deemed to have contributed to the event that injured them were refused in 193 cases, while 158 were rejected due to an absence of injuries. A further 78 were refused because they applied after the one-year limit.

IVAC conducts no follow-up investigations and Gauthier notes that many victims remain recipients for life. That happens, she says, when "a doctor says, 'We're stopping treatments because there's no improvement.'"

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