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The Report

OF THE

Osgoode Hall Study

ON

Compensation for Victims of Crime

Dr. Allen M. Linden

PREFACE

The plight of the victims of crime in Canada has received

considerable attention recently. Legal scholars, lawyers, sociologists, politicians, newspaper men and others have manifested their concern, and it is apparent this issue will engage the attention of Canadians in the months ahead. In order to help illuminate this debate, the Osgoode Hall Law School undertook a statistical study and an examination of the crime victim compensation plans now in existence. is the product of that research.

This report

Without the co-operation of Metropolitan Toronto Police

Chief James E. Mackey and the Metropolitan Board of Police Commissioners this study would not have been possible. Nor would it have been done without the encouragement and support of the Dean of the Osgoode Hall Law School, Gerald E. Le Dain, Q.C., and of the Law Society of Upper Canada. The past victims of crime who responded to our questionnaires deserve a special vote of thanks. I am also indebted to my student research assistants, in particular to Ronald Hoffman and Stephen Malach, of the Osgoode Hall class of 1968, and to Louise Walton, my secretary.

Allen M. Linden

Osgoode Hall Law School
Toronto

May 16, 1968

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John Jones; while tending his shop, is shot and killed

by an unidentified robber. Robert Robinson is beaten up by two youths in black leather jackets. Mary Mallory is dragged into a car by an unknown man, raped and finally released at the side of a country road. The criminal law, of course, prohibits such conduct and the assailants are subject to serious criminal penalties, if they are convicted of any of these offences of murder, assault or rape. This report will focus not on the criminals, however, but upon the victims of these criminal acts - on the widow of John Tones, on Robert Robinson and on Mary Mallory.

These three cases are imaginary, but they are representative of thousands of real-life situations. Each year in Canada over 40,000 crimes of violence are reported to the police. In 1963, according to the Canada Year Book, there were reported 359 homocides or attempted homocides, 549 rapes, 1,267 woundings, 5,881 robberies and 32,760 common assaults. Of course, most of these criminals are eventually apprehended, tried and sent to prison or given probation or suspended sentences; some are acquitted; and others are never found. Our police and governmental officials are devoting much time, effort, and resources to the prevention of crime, to its detection and to the capture and rehabilitation of the offenders, but we have not, as yet, paid very much attention to the victims of crime in Canada.

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