The two appellants were sexual assault victims, diagnosed with three different and distinct psychological disorders arising from the trauma. Each appellant’s psychologist assigned a Global Assessment of Functioning (GAF) Score of 50 or less to the appellants. A GAF score is a measure of a person’s ability to function in their day-to-day life, taking into account any mental health concerns that may hamper functioning; it is also a necessary part of the VOCA formula for determining victim compensation. Where there is more than one mental disorder present, a GAF score cannot be individually associated with any one disorder. Based on expert evidence surrounding the victims' GAF scores, the Board ruled that the victims were not eligible for three separate awards under the VOCA for the three different and distinct psychological injuries suffered.
The Court of Appeal stated that focussing primarily on the GAF score in determining the award is inconsistent with the social welfare purpose of the legislation. Where legislation has a social welfare purpose, it should be construed liberally to advance the benevolent purpose of the legislation. Where there are ambiguities, it should be resolved in favour of the claimant. The purpose of the VOCAis to ensure that victims promptly receive financial benefits for injuries suffered rather than awards for overall functioning. Therefore, victims can, and should be compensated for individual injuries.
Elizabeth Severinovskaya
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