The Direction de l’IVAC may reject your application for the following reasons:
Lack of Preponderance of Evidence
The Direction de l’IVAC may reject an application for benefits if the claimant has failed to provide a preponderance of evidence that a crime did in fact occur. A preponderance of evidence is evidence that is more convincing than the facts offered in opposition to it—i.e., it is compelling proof that the crime was most likely committed.
In determining whether a crime has been committed, the Direction de l’IVAC does not require a complaint to have been lodged against the assailant or a trial to have been held. The Direction de l’IVAC bases its analysis as to whether or not there is a preponderance of evidence primarily on the victim’s testimony.
Application Filed After the Legal Deadline
Applications for benefits must be submitted to the Direction de l’IVAC no later than two years after the victim’s injury or death (deadline for crimes committed after May 23, 2013). For crimes committed before May 23, 2013, the time limit is one year.
If victims file an application for benefits after the deadline in question, they must complete Appendix 4 of the application form.
In certain circumstances, the Direction de l’IVAC will conduct a special analysis to determine if an application can be accepted even if it has not been filed on time. This is the case where:
- the crime victim is a child;
- the date on which the victim becomes aware of the connection between his/her injuries and the crime differs from the date on which it took place; or
- the victim can show he/she was incapable of filing the application on time.
Since November 24, 2016, a parent of a child murdered by the other parent has been recognized as a victim under the law. The principal criterion here is that the actual intent behind the act was to harm the other parent; the murder in itself is sufficient to determine that the other parent is a victim, and no additional evidence is required to make the application eligible.
N.B.: Victims concerned by this new directive, which took effect on November 24, 2016, can submit an application for benefits even if the crime occurred more than two years previously, for crimes before that date. For those committed after November 24, 2016, the legal deadline is two years.
Application Involves a Crime Not Listed in the Schedule to the Crime Victims Compensation Act
Only victims of offences listed in the Schedule are entitled to compensation.
If the victim has, by his/her behaviour, activities, or relationship with criminals, demonstrated recklessness, carelessness, or negligence that rendered the crime predictable, the Direction de l’IVAC considers this gross negligence. In such circumstances, the victim is considered responsible for what happened to him/her, and to have contributed to his/her injuries or death.
For example, if a member of an organized-crime group who, because of his criminal activities, was a victim of an assault by a member of a rival group, he cannot be compensated by the Direction of l’IVAC, because he voluntarily placed himself in a position in which the chances of being injured by a crime were very high.
Crime is Covered by Other Legislation
If the crime occurred at the victim’s workplace, the Act Respecting Occupational Health and Safety takes precedence over the Crime Victims Compensation Act. The victim will therefore have to submit a claim to the CNESST or the body responsible for compensating victims of employment accidents in the victim’s province or country of residence.
If the CNESST disallows the claim, the victim can then submit it to the Direction de l’IVAC, attaching the CNESST’s rejection letter.
Additionally, someone intentionally injured with a road vehicle may be deemed a crime victim. In this case, the victim can choose to submit a claim to either IVAC or the SAAQ.
Lack of Proof of Injury
A medical report containing a diagnosis is the best document to attach to the application for benefits in order to objectively demonstrate that an injury was caused by the crime. However, if the victim has another document that clearly describes the injury sustained as a result of the crime, he/she may also attach it as evidence.
The Direction de l’IVAC is responsible for compensating victims for injuries caused by a criminal offence. Where proof of injury is not objectively demonstrated, the Direction de l’IVAC cannot accept the application for benefits.
The Crime Occurred Before the Crime Victims Compensation Act Came into Effect
The Crime Victims Compensation Act took effect in March 1972. Crimes committed before that date can therefore not be the subject of an application for benefits.
A Decision on the Same Matter has Already been Rendered
If a file has already been opened by the Direction de l’IVAC for an incident, and a decision has already been rendered for the incident, the Direction will not accept a second application concerning the same facts.
The Crime was Committed Outside Québec
The Direction de l’IVAC compensates victims for injuries related to crimes occurring in Québec. If you are the victim of a crime committed in another province or outside Canada, you must consult the government agencies in your jurisdiction as to what remedies are available.
The Claimant is Not the Victim’s Close Relation or Dependent
Unless the claimant is the victim’s guardian or the Directeur de la protection de la jeunesse (DPJ), if he or she is neither a close relative nor a dependent, as defined by established criteria, that individual cannot be compensated by IVAC.
However, close relations and dependents of crime victims can submit an application for benefits to obtain services.