Possible Compensation for the Abused Older Adult
It is possible to ask a court for an order of restitution at the time of sentencing an offender. Restitution can include losses such as stolen property, lost wages, and moving costs. The request has to be made by the prosecutor before the court sentences an offender.
There are also several other ways that you can attempt to recover compensation for stolen property or money or for injuries.
A victim of crime can apply to the Director appointed under the Victims of Crime Act (Alberta) for financial benefits for injuries or death. There are no benefits under this scheme for financial or property loss. The alleged offender does not have to be convicted of a crime in order for the victim to be able to make an application under the Act. However, the crime must have been reported within a reasonable amount of time after it happened and the application for benefits must be made within two years from the time of injury or death. The Director is able to extend the time for making a claim if he feels it is appropriate.
Benefits are payable if injury or death was suffered as a result of an act that is an offence under the Criminal Code specified in the regulations. The regulation includes the offences of assault, sexual assault, failure to provide the necessities of life, causing bodily harm, murder, and manslaughter. The regulation also sets out the details of compensation for specific injuries. The Victims of Crime Act states that a person who is a dependant of someone convicted of a criminal offence for the events leading to the injury may not apply for benefits. An exception to this rule exists if the dependant is also a dependant of another victim from the same event. Therefore a dependant who was injured by his or her spouse would not be able to apply for benefits.
The Victims of Crime Act also states that a non-dependent spouse, cohabitant, parent, child, sister, or brother of someone convicted of a criminal offence arising from the injury or death may not apply for benefits under the Act. Again, the exception in the case of a parent, child, sister, or brother exists, if they are also the parent, child, sister, or brother of another person who is a victim as a result of the same events.
Another statute of Alberta, not yet proclaimed, called the Victims Restitution and Compensation Payment Act sets up a scheme whereby the government will take steps to recover property alleged to have been acquired by an illegal act.
Another way to recover compensation for items stolen or damaged would be to sue the abuser in the civil courts for damages in the amount of the loss. If the amount claimed is less than $25,000 the claim can be made in Provincial Court where the process is fairly informal. It is possible to pursue the case without a lawyer. If the amount claimed is over $25,000 the claim must be made in the Court of Queen's Bench. Although it is possible to pursue the action alone, the process is more involved and may require the assistance of a lawyer. If a claim is over $25,000 it is always possible to only claim $25,000 so that the claim can be made in Provincial Court.
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Updated: October 24, 2003
© Legal Resource Centre of Alberta Ltd. 2002
