NCJ Number
80151
Date Published
1980
Length
411 pages
Annotation
Canadian law practices relating to victim compensation are discussed and compared with those of Great Britain, Australia, and the United States.
Abstract
The opening chapter details the history of Canadian schemes for criminal injuries compensation, outlining certain of their characteristics, and relating them to other sociolegal trends affecting crime victims. Rationales for the victim compensation schemes are considered, and modes of compensation are detailed as to the manner in which claimants receive awards, the categories of damage under which a victim can receive monies under a compensation scheme as compared with the categories under which monies may be recovered at law, and who may receive awards in the context of a criminal act other than the victim. Also, the amount of an award under a compensation scheme is compared with that made at law. Recoveries for nonpecuniary loss (most often 'pain and suffering') and pecuniary loss are considered in separate chapters. Compensation for pecuniary loss in non-Canadian jurisdictions (the United States, Great Britain, New Zealand, and Australia) are also examined. The following factors influencing awards under the Canadian schemes are discussed: (1) statutory limits on compensation awards, (2) deduction of collateral benefits, (3) denial or reduction of compensation to unworthy claimants, (4) dependents of and persons responsible for the maintenance of an unworthy victim, (5) persons suffering from a preexistent condition, and (6) the duty to mitigate. The appellate procedure, legal representation, and costs are discussed in a separate chapter. Prospects for the compensation boards, which are deemed favorable, are analyzed in the concluding chapter. Tabular data and extensive footnotes are provided.