After three years of battle against the compensation scheme for victims of crime (IVAC), the father and grandmother of a 10 month old baby shaken to death in 2018 have finally been recognized as victims of an act criminal. Even as his daughter was living her last moments, the bereaved father was questioned by the police.
Until recently, the parents of a murdered child often had to fight against the IVAC in order to be entitled to compensation. But since the in-depth reform of the IVAC, in October 2021, the parents of a deceased child are immediately considered victims and are therefore entitled to financial assistance. However, the new law was not in force in this case.
In the present case, a 10 month old baby was found unconscious in a day care center in Saint-Brigitte-de-Laval, north of Quebec, on 1er May 2018. The trial of the toddler’s guardian, Katy Jomphe, accused of manslaughter, is due to be held next February.
Despite their diagnosis of post-traumatic shock and adjustment disorder, the father and grandmother of the late baby were initially denied their claim for compensation as victims of crime. But last September, administrative judge Stéphanie Charette agreed with them.
A decision that will set a precedent, despite the new law, according to Me Marc Bellemare, who led the protest. ” It’s a first. It broadens the notion of victim even further, since they weren’t there when the baby was shaken, ”he explains in an interview.
“Sufficiently close participation”
When he arrived at the hospital, the father saw his daughter on a stretcher being resuscitated. He then feels “destroyed”, according to the judgment. In the evening, he learns that his daughter has “symptoms of shaken baby syndrome” and “realizes that someone has harmed” her baby.
“The evening is particularly trying for the parents. While their daughter is lifeless and hope fades, they must face questioning from investigators, for whom they are the crime suspects who, [au bout du compte], will cost the life of their baby. In addition to the distress and helplessness, there is the anger at being deprived of the last moments of their child’s life, ”recounts the judge.
In the eyes of the judge, the father demonstrated a “sufficiently close participation in the drama” which could explain his injuries. “He is a helpless witness to the desperate attempts of medical personnel to save his child and […] must make the fatal decision and wait for the death of her baby, rocking him. All this while he remains a suspect of the crime and is questioned by the police, ”she analyzes.
The child’s grandmother was also present when the ambulance arrived, in addition to being exposed at the crime scene and being questioned by the police. She should also be considered a victim, according to the judge.
The old IVAC criteria – convoluted at will – limited compensation to relatives of a victim who suffered an injury “due to an act or omission of another person and occasionally occurring. or resulting directly from the commission of an offense ”.
The new law on IVAC is not perfect, however, according to Me Bellemare, since it risks creating five years of “uncertainties” because of the new definitions of “victim”.