Refusal of compensation from IVAC for fault of the victim

If you have been the victim of a crime, you may be entitled to compensation from the IVAC.

On the other hand, this compensation could be refused for various reasons, such as the absence or insufficiency of evidence, non-compliance with the deadline provided by law or the fault of the victim.

Indeed, during your claim for compensation, your behavior can be analyzed, and if you committed gross negligence during the criminal act, you will be deemed responsible for the act you have suffered and will not be entitled to benefit from the benefits provided for by the Compensation for Victims of Crime Act.

The definition of gross negligence

According to the Civil Code of Québec, gross negligence is defined as fault that denotes recklessness, recklessness or gross negligence.

Therefore, if the victim of the crime acted in this way, the crime becomes foreseeable and it will be presumed that he or she has accepted the damage suffered. It cannot therefore be compensated by the IVAC.

Gross negligence assessment

To determine whether there is recklessness, impudence or gross negligence, it is necessary to take into account the context of the event, but also your own social characteristics , such as your age, which denotes your life experience. The term rude is important because it requires behavior that goes against the behavior that a reasonable person would have had.

As a general rule, it is incumbent on the person who claims a fact to prove its existence. Consequently, it is up to the IVAC to prove that your conduct constitutes or meets the concept of gross negligence within the meaning of the case law, and this, on a balance of probabilities.

Predictability of damage

In determining the existence of gross negligence, the Tribunal will analyse the predictability of the damage suffered and not its severity.

So, if it were not possible for you to predict the assault you were the victim of, it is very possible that there is no gross negligence. For example, just because a person engages in prostitution does not mean they can expect to be beaten or raped.

Let’s take the case where you argue with your neighbor who has never behaved violently. You insult him and push him a few times. He retaliates by taking out a knife with which he seriously injures you. In this situation, despite the fact that your conduct was reprehensible, your aggressor’s response is so disproportionate that it would have been impossible for you to predict it and your behaviour does not therefore constitute gross negligence.

Provocation

If the IVAC finds that you have provoked the criminal act that hurt you, either by your behavior or by your actions, you will not be entitled to compensation.

For example, when a decision of the IVAC was challenged before the Administrative Tribunal of Québec , the victim was denied compensation because she acted recklessly, provoking a response from her attackers by chasing them with a stick in hand when they wanted to leave the premises.

Victim participation in illegal activities

If your actions during the commission of the crime are illegal and constitute a fault related to your injuries, you will not be able to benefit from the benefits provided by the Act. It is therefore not enough for a victim to have a criminal past or to belong to the world of crime.

That is why a person who, for example, traffics drugs and, during a walk one evening, is sexually assaulted by someone unrelated to him, will be entitled to compensation by the IVAC, while a member of a criminal organization who is injured during an argument with a rival organization will be refused his application for benefits.

Recklessness

If you act recklessly, having (or must have) full awareness that you are putting your life or safety at risk, you are committing gross negligence that will result in the refusal of your application to the IVAC.

For example, you wear Hells Angels colors prominently and go to a bar that is notoriously known to be controlled by a violent enemy motorcycle gang. You are told to leave the facility and threatened, but you stay there. You are then the victim of physical assaults that leave you with serious sequelae. In this case, you will not be entitled to compensation from the IVAC, since your recklessness was so gross that one is forced to conclude that you had accepted the damage suffered.

Apply to IVAC

If you have been injured in a criminal act, do not hesitate to make your claim request to the IVAC. When in doubt, it is best to apply to IVAC to preserve your rights.

If there is a refusal on the part of the IVAC or if you do not agree with their decision, contact us. We will help you recognize your status as a victim and assert your right to compensation, if applicable.

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