Monique Dalcourt, who has been living in distress since the assassination of her daughter Jenique in October 2014, along a bike path in Longueuil, could be recognized as a victim of crime after years of fighting.
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The Quebec Court of Appeal concluded in a judgment rendered Friday that the Administrative Tribunal of Quebec (TAQ) must re-examine her case after having previously refused to recognize her as a victim within the meaning of the Act respecting compensation for victims of criminal acts (LIVAC).
Ms. Dalcourt says she developed symptoms of acute stress disorder that progressed to post-traumatic stress disorder accompanied by major depressive disorder after losing her daughter in tragic circumstances on October 21, 2014.
“She has never been able to return to work since the assassination of her daughter,” said Marc Bellemare, who represents the interests of the Longueuilloise.
“The Court of Appeal has just said that the IVAC and the TAQ demanded illegal criteria, such as the fact that she was present during the murder of her daughter and that she proved that the killer wanted to attack him. to her, ”added Mr. Bellemare.
Jenique Dalcourt’s killer has never been identified and is still running.
As for Ms. Dalcourt, she was only entitled to 30 psychotherapeutic treatments granted by the IVAC, a decision that she contested with the TAQ by again claiming to be recognized as a victim of a criminal act.
The TAQ’s decision dated November 2018 is therefore quashed and judges Jacques J. Levesque, Geneviève Cotnam and Michel Beaupré of the Quebec Court of Appeal write in their 12-page judgment that the TAQ judge “erred in its application of the standard ”and its decision“ is based on erroneous, unintelligible and inconsistent reasoning ”.
“The case is returned to the TAQ, but in principle, if we follow the teachings of the Court of Appeal, Ms. Dalcourt will be recognized as a victim of a criminal act,” said Mr. Bellemare, saying that his client remains followed in psychotherapy more than six years after the tragedy.
“We are in the process of developing a case law, because others like Mélanie Joyal or the parents of Daphné Huard-Boudreault have been recognized as victims of a crime,” added Me Bellemare.