Willier v. Crimes Compensation Board, (1977) 2 A.R. 140 (CA)

• Judge: Prowse, Moir and Laycraft, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: January 24, 1977
• Jurisdiction: Alberta
• Citations: (1977), 2 A.R. 140 (CA)

Willier v. Crimes Compensation Bd. (1977), 2 A.R. 140 (CA)

MLB headnote and full text

Willier v. Crimes Compensation Board

Indexed As: Willier v. Crimes Compensation Board

Alberta Supreme Court

Appellate Division

Prowse, Moir and Laycraft, JJ.A.

January 24, 1977.

Summary:

This case arose out of a claim for compensation for personal injuries pursuant to the provisions of the Alberta Criminal Injuries Compensation Act. The victim and three other persons were the object of rifle fire while they were sitting in a kitchen in a house. One of the four persons was a woman who panicked and failed to take cover. The victim was shot in the neck when he stood up in an effort to move the woman to a position of safety. The Crimes Compensation Board dismissed the victim's claim for compensation because he was not endeavouring to preserve the peace when he tried to move the woman to a position of safety.

On appeal to the Alberta Court of Appeal the appeal was allowed and the decision of the Crimes Compensation Board was set aside. The Alberta Court of Appeal held that the victim was entitled to compensation and that the victim was injured "while endeavouring to preserve the peace". The Alberta Court of Appeal stated that the act of the victim was not an act of self-defence but was a selfless act which probably prevented injury to the woman - see paragraph 21.

Crime Victims' Compensation - Topic 666

Conditions precedent to compensation - Acts of victim resulting in injury or death - What constitutes acts by a victim to preserve the peace - Crime Injuries Compensation Act, s. 7 - The victim and three other persons were the object of rifle fire while they were sitting in a kitchen in a house - One of the four persons was a woman who panicked and failed to take cover - The victim was shot in the neck when he stood up in an effort to move the woman to a position of safety - The Alberta Court of Appeal held that the victim was entitled to compensation - The Alberta Court of Appeal stated that the victim was injured "while endeavouring to preserve the peace" - See paragraph 21.

Words and Phrases

Endeavouring to preserve the peace - The Alberta Court of Appeal discussed the meaning of the words "endeavouring to ... preserve the peace" as found in s. 7(1)(b) of the Alberta Criminal Injuries Compensation Act.

Words and Phrases

Preserve the peace - The Alberta Court of Appeal discussed the meaning of the words "preserve the peace" as found in s. 7(1)(b) of the Alberta Criminal Injuries Compensation Act.

Cases Noticed:

R. v. Criminal Injuries Compensation Board; ex parte Ince, [1973] 3 A.E.R. 808, folld. [para. 18].

Statutes Noticed:

Criminal Injuries Compensation Act, R.S.A. 1970, c. 75, sect. 7(1), sect. 13(1) [para. 5].

Counsel:

B. Chivers, for the appellant;

D. Axler, for the respondent.

The judgment of the Alberta Supreme Court of Appeal was delivered by PROWSE, J.A., at Edmonton, Alberta on January 24, 1977.