Ontario Ombudsman

The Ontario Ombudsman is an independent officer of the provincial legislature in Ontario, Canada. In the tradition of the classical parliamentary Ombudsman first established in Sweden in 1809, Ontario's Ombudsman oversees and investigates public complaints about the government of Ontario, including more than 500 provincial government ministries, agencies, corporations, tribunals, boards and commissions. Ontario has had an ombudsman since 1975. All Canadian provinces except Prince Edward Island have an ombudsman (known as Protecteur/protectrice du citoyen in Quebec and Citizens' Representative in Newfoundland and Labrador).

The Ontario Ombudsman's motto is "Ontario's Watchdog."

History

Ontario was the seventh province to establish an Ombudsman's office, which it did in March 1975, preceded by Alberta and New Brunswick (1967), Quebec (1968), Manitoba and Nova Scotia (1970) and Saskatchewan (1972). The first Ombudsman of Ontario was Arthur Maloney, who served from 1975 to 1979. He was succeeded by Donald Morand (1979-1984), Daniel Hill (1984-1989), Roberta Jamieson (1989-1999), Clare Lewis (2000-2005) and André Marin (2005-present).

Role and function

The Ombudsman is independent of government and political parties. His (or her - the term "Ombudsman" originates from Swedish and is considered to be gender-neutral) job is to hold government accountable by reviewing and investigating public complaints about the administration of government services. He may also launch investigations of his own accord or on his own motion. The Ombudsman is appointed for a five-year renewable term by an all-party committee named by the legislature.

The Ombudsman's powers and authorities are set out in the Ombudsman Act. They include the power to enter any government premises to gather evidence, and the power to compel witnesses to give evidence. He may investigate and report his findings publicly if he finds that a "decision, recommendation, act or omission" of a body he oversees was contrary to law, unreasonable, unjust, oppressive, discriminatory, based on a mistake of law or fact, or simply wrong. The Act requires individuals as well as government officials and employees to co-operate with the Ombudsman's investigations.

The Ombudsman reports annually to the Legislature and may also issue special reports. His recommendations are not binding.

In 2011-2012, the Office of the Ontario Ombudsman's budget was $10.75 million and it employed approximately 85 staff. In that year, the office handled 18,541 cases, the majority of which were resolved within three weeks.

In addition to annual and special reports, the Ombudsman publishes a regular electronic newsletter.

Current Ombudsman and mandate

André Marin was appointed as Ontario's sixth Ombudsman in April 2005. He reorganized the office in an effort to make it more efficient and reallocated resources to handle broad systemic issues affecting large numbers of people, as well as individual complaints. The "Special Ombudsman Response Team" (SORT) was created to handle these large field investigations, using a dedicated team of experienced investigators. More than 25 SORT investigations have been completed since 2005 and virtually all of the Ombudsman's recommendations have been accepted and implemented by the government. This has resulted in dramatic reforms to, among other things, the Municipal Property Assessment Corporation, compensation of crime victims, support payments for the disabled, the screening of newborn babies for preventable disorders, legal aid and the Ontario Lottery and Gaming Corporation. These investigations are detailed in the Ombudsman's special reports.

In every annual report since he was appointed, Marin stressed the positive changes brought about by the government as a result of these investigations, but lamented the continuing lack of oversight granted to the Ombudsman's office in the so-called "MUSH sector," i.e. municipalities, universities, school boards and hospitals - as well as long-term care facilities, children's aid societies and police. The Ontario ombudsman's office is the only one in Canada that does not have a mandate to investigate in at least some of these areas.

The Ombudsman's jurisdiction was expanded, however, in January 2008 to include the new responsibility for enforcement of the Ontario Municipal Act's requirements that all municipal councils, committees and most local boards keep their meetings open to the public. The Act designates the Ombudsman as the investigator of public complaints about closed meetings in all municipalities that have not appointed their own investigator. To further understanding of these new requirements, Marin published The Sunshine Law Handbook: Open Municipal Meetings in Ontario, a guide to the new legal provisions. He also created a new investigative team similar to SORT, called OMLET - the Open Meeting Law Enforcement Team - to specialize in investigations of closed meeting complaints, and in 2012, he published the Office's first annual report devoted entirely to that subject.

In his 2009 annual report, Marin emphasized the importance of oversight and accountability at a time of economic downturn and budget shortfalls. He stressed the value that his office has been able to deliver for millions of Ontarians by conducting systemic investigations as well as resolving individual complaints and reiterated his call for his mandate to be expanded to the MUSH sector. As well, he noted that Ontario's SORT model is being emulated by ombudsmen and other administrative watchdogs in many other countries and across Canada, thanks to "Sharpening Your Teeth," an annual training course started by SORT in 2007 that has trained (on a complete cost-recovery basis) hundreds of investigators and ombudsmen from around the world. Marin was also awarded the Ontario Bar Association's Tom Marshall Award of Excellence in 2009, in recognition of outstanding achievements in the practice of public sector law in Ontario. [2]

The Ombudsman's five-year term expired March 31, 2010. Marin applied for a second term and was reappointed as the Ombudsman of Ontario on June 1, 2010 for another 5-year term. He has since received awards from the University of Ottawa (2011), Carleton University Alumni Association (2011), the Ontario Bar Association (2012) and the Canadian Bar Association (2012), and the U.S.-based National Association for Civilian Oversight of Law Enforcement (NACOLE), as well as being inducted into the University of Ottawa Faculty of Law’s Common Law Honour Society (2012).

In November 2011, the Ontario Ombudsman launched a mobile version of the office's website. This 'web app', believed to be the first of its kind in the ombudsman world, will let mobile users browse the Office's website more quickly and efficiently. They will be able to file an online complaint from their mobile device, as well as search the full site and read Ombudsman Ontario news and reports. [3]

Reports and publications (since 2005)

Annual Report 2013-2014, June 2014 [4]

Better Safe Than Sorry - Investigation into how the Ministry of Transportation administers the process for obtaining and assessing information about drivers who may have uncontrolled hypoglycemia, April 2014 [5]

2012-2013 Annual Report about Closed Municipal Meetings, December 2013 [6]

Annual Report 2012-2013, July 2013. [7]

The Code: Investigation into the Ministry of Community Safety and Correctional Services’ response to allegations of excessive use of force against inmates., June 2013. [8]

2011-2012 Annual Report about Closed Municipal Meetings, October 2012. [9]

In the Line of Duty: Investigation into how the Ontario Provincial Police and the Ministry of Community Safety and Correctional Services have addressed operational stress injuries affecting police officers, October 2012. [10]

Investigation into whether Council for the City of London held an improper closed meeting at Harmony Grand Buffet on February 21, 2012, August 2012 [11]

Investigation into Closed Meetings by the Town of Amherstburg Council on January 9 and February 13, 2012, July 2012 [12]

Annual Report 2011-2012, June 2012 [13]

Investigation into whether the City of London’s Committee of the Whole improperly discussed “Occupy London” in camera on November 7, 2011, March 2012 [14]

Investigation into whether the City of Hamilton’s NHL Proposal Sub-Committee held an improperly closed meeting, February 2012 [15]

Investigation into whether the Town of Amherstburg Council held multiple closed meetings in contravention of the Municipal Act, January 2012 [16]

Oversight Undermined: Investigation into the Ministry of the Attorney General's implementation of recommendations concerning reform of the Special Investigations Unit, December 2011. [17]

Annual Report 2010-2011, June 2011 [18]

Caught in the Act: Investigation into The Ministry of Community Safety and Correctional Services’ conduct in relation to Ontario Regulation 233/10 under the Public Works Protection Act, December 2010 [19]

The LHIN Spin: Investigation into the Hamilton Niagara Haldimand Brant Local Health Integration Network's use of community engagement in its decision-making process", August 2010. [20]

Annual Report 2009-2010, June 2010 [21]

A Vast Injustice: Investigation into the Ministry of Health and Long-Term Care’s decision-making concerning the funding of Avastin for colorectal cancer patients, September 2009. [22]

Too Cool For School Too: Investigation into Cambrian College’s administration of its Health Information Management Program and the oversight provided by the Ministry of Training, Colleges and Universities, August 2009. [23]

Too Cool For School: Investigation into the Ministry of Training, Colleges and Universities’ Oversight of Bestech Academy Inc. and Enforcement of the Private Career Colleges Act, July 2009 [24]

Annual Report 2008-2009, June 2009 [25]

Pirating Our Property: Investigation Into the City Oshawa's Failure to Co-operate, April 2009 [26]

The ABCs of Education and Training: Investigation into the City of Oshawa Development Services Committee Special Meeting of May 22, 2008, March 2009 [27]

Investigation into the Council of the Township of Baldwin's Closed Meeting of July 14, 2008, March 2009 [28]

Investigation into the Council of the Township of Nipissing's Special Meeting of April 25, 2008, February 2009 [29]

Municipal Government By Stealth: Investigation into the Council of the Township of Emo's Closed Meeting of April 8, 2008, January 2009 [30]

Oversight Unseen: Investigation into the Special Investigations Unit's operational effectiveness and credibility, September 2008 [31]

The Sunshine Law Handbook: Open Municipal Meetings in Ontario, September 2008 [32]

Annual Report 2007-2008, June 2008 [33]

Building Clarity: Investigation into how the Ministry of Government and Consumer Services represents its relationship with Tarion Warranty Corp. to the public, June 2008 [34]

Don't Let the Sun Go Down on Me - Opening the Door on the Elton John Ticket Scandal: Investigation into City of Greater Sudbury Council closed meeting of February 20, 2008, April 2008 [35]

A Test of Wills: Investigation into Legal Aid Ontario's role in the funding of the legal defence of Richard Wills, February 2008 [36]

Enlightening Closed Council Sessions: Investigation into Fort Erie Town Council closed meeting of January 7, 2008, February 2008 [37]

Annual Report 2006-2007, June 2007 [38]

A Game of Trust: Investigation into the Ontario Lottery and Gaming Corporation's protection of the public from theft and fraud, March 2007 [39]

Adding Insult to Injury: Investigation into treatment of victims by the Criminal Injuries Compensation Board, February 2007 [40]

It's All in the Name: Investigation into the Family Responsibility Office's ineffective enforcement using a writ of seizure and sale, August 2006 [41]

Annual Report 2005-2006, June 2006 [42]

Losing the Waiting Game: Investigation into unreasonable delay at the Ministry of Community and Social Services' Ontario Disability Support Program's Disability Adjudication Unit, May 2006 [43]

Getting it Right: Investigation into the transparency of the property assessment process at the Municipal Property Assessment Corporation, March 2006 [44]

The Right to be Impatient: Investigation into whether the Ministry of Health and Long-Term Care has failed to properly administer newborn screening, September 2005 [45]

From Hope to Despair: Investigation into the Ministry of Health and Long-Term Care's refusal to fund the drug Cystagon for treatment of Batten's Disease, September 2005 [46]

Between a Rock and a Hard Place: Investigation into the parents of special-needs children being forced to relinquish custody in order to obtain necessary residential care, May 2005 [47]

Complaints procedure

Members of the public may complain to the Ombudsman by phone, online, in writing, in person, via email or through the Ombudsman's office. The procedure is explained on the Ombudsman's website. Early Resolutions Officers are trained to handle complaints quickly and resolve them where possible. If an investigation is deemed warranted, the Ombudsman's investigators will review the matter and gather evidence.

The Ombudsman is generally an office of last resort. Complainants are encouraged to first try to resolve their problem through the complaint and appeal procedures offered by the government agency in question. Ombudsman staff can assist people who are not sure whether or not an avenue of appeal exists.

External links

• Ontario Ombudsman
• Ontario Ombudsman on Twitter
• Video on YouTube
• Ontario Coalition for Accountability is a group fighting to expand the Ombudsman's mandate to include Ontario’s Municipalities, Universities, School Boards, Hospitals, Nursing Homes, Long-Term Care Facilities, Police, and Children’s Aid Societies knows as the “MUSH” sector.