When a person is the victim of a criminal act, they may suffer from emotions and even physical traumas that can significantly disrupt their lives.
The Indemnisation des Victimes d’Actes Criminels (IVAC) was created to offer financial assistance and support to victims of crime in Quebec. However, sometimes a decision rendered by the IVAC is not entirely satisfactory to victims.
If you are a victim of crime and you feel your claim has been wrongly assessed, you need to know your rights. Our administrative lawyers offer the following guide to contesting a decision by the Direction générale de l’IVAC.
Why challenge a decision by the Direction générale de l’IVAC?
If you are the victim of a crime and you are not satisfied with a decision rendered by the IVAC, you need to understand why you may be justified in contesting that decision. There are several acceptable reasons for challenging an IVAC decision:
1. Insufficient compensation
If your IVAC claim has resulted in compensation that is inadequate to cover your needs or any treatments you are undergoing as a result of the crime, it is legitimate to contest the decision.
2. Rejected claim
If your claim for compensation has been rejected by the IVAC and you remain convinced that it should have been accepted, you should contest the decision. By challenging a rejected claim, you are asserting your rights as a victim of crime. For help requesting that a claim be reviewed, contact our IVAC lawyers.
3. Material or factual errors
The decision-making process can be flawed. If you identify material or factual errors in a decision rendered by the IVAC, you can contest the decision with the goal of obtaining a fair review of your case.
Steps for contesting an IVAC decision
By determinedly following the necessary procedures, victims of crime can ensure that a claim for compensation is assessed fairly and equitably. These are the steps to contesting an IVAC decision:
Make a claim
After submitting a claim to IVAC, you will receive a letter by mail to indicate whether your claim has been accepted or rejected.
Read the decision and decide whether you are satisfied. If you feel that you have not been awarded a fair compensation, or if your claim has been rejected, you have the right to contest the decision. However, note that you cannot request a review of your case if the decision has already awarded you the maximum indemnity offered by the IVAC.
Fill in the form
If you decide to challenge an IVAC decision, you will need to complete an Application for Review in which you can present the reasons why you are contesting the decision.
The request for review must be made within 90 days of receiving the IVAC decision letter. It is very important to respect this deadline, as any request for review submitted after this period will be refused.
Review of the decision
Once you have submitted your application for review, IVAC’s Bureau de la révision administrative (BRA) will examine your file and issue a new decision. The BRA is an independent body responsible for re-evaluating disputed claims.
If you are not satisfied with the BRA’s decision, you have the right to challenge it at the Tribunal administratif du Québec (TAQ). You have 60 days from receipt of the letter from the BRA to present your case to the TAQ. If you are in this type of situation, we recommend that you ask our Montreal law firm to represent you.
Bégin Avocat can help with all your administrative tasks
Challenging an IVAC decision can be a complex and delicate process. If you find that you need to contest a decision by the Direction générale de l’IVAC, you can trust our administrative law firm to guide and assist you throughout the process.
Our team of experienced victim lawyers understands the emotional and financial issues you face as a victim of crime. We are ready to put our expertise at your service and help you challenge an IVAC decision effectively and strategically.
When you choose our firm, you benefit from the commitment of dedicated lawyers who want the best results for our clients. We will carefully review your situation, analyze the evidence, and build a strong case. Call us today to tell us what you need.
