André Marin
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André Marin (born January 12, 1965) is a Canadian lawyer and Ombudsman. He was appointed as Ombudsman of Ontario by the Ontario Legislative Assembly on April 1, 2005 and was reappointed on June 1, 2010 to a second five-year term. Before 2005, he was the first Ombudsman for the Canadian Armed Forces [1] In the 2009 book Provincial and Territorial Ombudsman Offices in Canada, academics Stewart Hyson and Gary Munro describe him as “the model for Ombudsmanship in Canada." [2]
Early career
After graduating from the University of Ottawa law school in 1989 with degrees in both criminal and civil law[3], Marin worked as an assistant Crown attorney and part-time professor of law in Ottawa, Canada until 1996. From September 1996 to June 1998, he was director of Ontario’s Special Investigations Unit (SIU), Canada’s only independent civilian agency for investigating incidents in which police officers have caused serious injury or death.[4]
In June 1998, Marin became Canada’s first military ombudsman, responsible for the investigation of complaints from members of the Canadian forces. He created the “Special Ombudsman Response Team” (SORT) for investigating broad systemic issues, such as post-traumatic stress disorder among soldiers, compensation for the families of soldiers who are killed or wounded, and chemical agent testing during World War II.[5]
Achievements as Ontario Ombudsman
Marin is the sixth Ombudsman of Ontario since 1975 and the first to be reappointed. He reorganized the office to handle some 14,000 individual public complaints and inquiries as well as about half a dozen major systemic investigations each year. His "Special Ombudsman Response Team" (SORT) – a team of investigators who conduct large-scale field investigations into high-profile, complex issues – has raised the public profile of the Toronto-based Office of the Ombudsman and led to government reforms affecting millions of Ontarians.[6]. SORT investigations have prompted major overhauls of, among other things, the province’s procedures for newborn screening, its property tax assessment system, funding for the disabled and special-needs children, out-of-country medical treatment, crime victim compensation, legal aid and the Ontario Lottery and Gaming Corporation.[7]
Marin’s direct language, his investigation model and his promotion of technology and transparency have “reinvigorated the Ombudsman idea in Canada” and “set a standard for the rest of the country,” authors Hyson and Munro state in Provincial and Territorial Ombudsman Offices in Canada. They note that since Marin’s appointment, “the Ontario Ombudsman has had a very high public profile that has generated considerable news coverage because the office has fulfilled its role expectations like never before. Marin has often been sharply critical of government; even so, the government has generally accepted his recommendations.”[8] Marin coined the term “rulitis” to describe a government bureaucracy’s slavish adherence to rules at the expense of common sense.[9]
Marin has also advocated for greater openness and transparency in government,[10] and made his office the first in Canada to introduce social media and a web app as tools for communicating with the public.[11]
In May 2007, Marin was elected to a two-year term as president of the Forum of Canadian Ombudsman, representing public and private ombudsmen across the country. He has also served as North American regional vice-president of the International Ombudsman Institute[12] since July 2006, and he is a member of the board of directors of the Association des Ombudsmans et Médiateurs de la francophonie (francophone ombudsman association).[13]
Marin also shares his office’s expertise with other oversight agencies across Canada and around the world. Since 2007, he has conducted an annual training course in Toronto called “Sharpening Your Teeth: Advanced Training for Administrative Watchdogs,” which has been attended by several hundred administrative investigators and ombudsmen from Canadian federal and provincial agencies, U.S. states and federal departments, as well as from across Europe, the Caribbean, Australia, South America and Asia.[14] The course has also been delivered at the International Ombudsman Institute headquarters in Vienna and by invitation in many other countries, always on a complete cost-recovery basis.[15]
Ontario Ombudsman mandate
Marin is known for using plain, sometimes blunt language in his reports, and coined the term “rulitis” to describe a government bureaucracy’s slavish adherence to rules at the expense of common sense. He has also repeated the call of his predecessors to have the Ombudsman’s mandate extended to key areas of the public sector that are outside his jurisdiction, although they are funded by provincial tax dollars: This is the so-called MUSH sector, comprising Municipalities, Universities, School Boards and Hospitals, as well as long-term care facilities, children’s aid societies and police. In his annual reports, Marin summarizes the hundreds of complaints that his office is forced to turn away every year from people who have had serious problems with these institutions. He also notes that Ontario lags behind all other provinces in Canada in Ombudsman oversight of these areas.
As of January 2008, the Ombudsman’s mandate was extended to include responsibility for enforcing the province’s new open meeting requirements for municipalities. Amendments to the Ontario Municipal Act establish a complaints regime whereby members of the public can complain and trigger an investigation if they feel a municipal council, committee or board has improperly met behind closed doors. The Act designates the Ombudsman as the investigator for complaints about closed meetings in all municipalities that have not appointed their own investigator – approximately 200 of Ontario’s 445 municipalities.
To meet this responsibility and to raise awareness of the importance of accountability and transparency in local government, Marin created a new dedicated team in the Ombudsman’s Office in June 2008, called OMLET – the Open Meeting Law Enforcement Team. In February 2008, he investigated complaints about a closed meeting in Greater Sudbury concerning a controversy over an Elton John concert. The city was found not to be in violation of the law but the report recommended greater transparency and provided a wealth of legal research for future interpretation of the law. In October 2008, Marin published the Sunshine Law Handbook: Open Municipal Meetings in Ontario to further assist municipal officials and the public in their awareness and interpretation of the new requirements. The Handbook was distributed to every municipal councillor and clerk in the province and is also available to the public. Results of OMLET investigations are made public by the relevant municipalities and on the Ombudsman's website.
Other information
In May 2007, Marin was elected to a two-year term as president of the Forum of Canadian Ombudsman, representing public and private ombudsmen across the country. He has also served as North American regional vice-president of the International Ombudsman Institute since July 2006.
A sought-after speaker on issues of ethics, oversight and organizational malaise, Marin also shares his office’s expertise with other oversight agencies across Canada and around the world. Since 2007, his office has conducted an annual training course in Toronto called “Sharpening Your Teeth: Advanced Training for Administrative Watchdogs,” which has been attended by several hundred administrative investigators and ombudsmen from Canadian federal and provincial agencies, several U.S. states and federal departments, as well as from across Europe, the Caribbean, Australia, South America and Asia. The course, supported by the International Ombudsman Institute, has also been delivered overseas on five continents - always on a complete cost-recovery basis.
As a longtime advocate for transparency and openness in government, Marin embraced social media in 2009, becoming the first Ombudsman in Canada to launch Facebook and Twitter accounts. His investigation of the expansion of police powers for the 2010 G20 summit meeting in Toronto was the first Ombudsman investigation to incorporate social media as investigative tools, as well as for communications. His 2010-2011 Annual Report called on the province to be more transparent by supporting "open government" practices and new technologies. In November, 2011, he also announced the creation of the first ombudsman "web app", which allows Ontarians to access the Ombudsman's office more easily via smartphone or tablet. [1]
Marin's predecessors as Ombudsman of Ontario and their terms of office are as follows: Arthur Maloney (1975–1979), Donald Morand (1979–1984), Daniel Hill (1984–1989), Roberta Jamieson (1989–1999) and Clare Lewis (2000–2005).
Awards
In 2009, Marin was awarded the Ontario Bar Association’s Tom Marshall Award of Excellence, which honours outstanding achievements in the practice of public sector law in Ontario. [2]
In 2011, he was honoured with an Order of Merit, awarded by the Civil Law Section of the University of Ottawa's Faculty of Law. The award is the Civil Law Section’s highest distinction, recognizing alumni who have made remarkable contributions to the legal profession and demonstrated exceptional community and social engagement. [3] Marin was also celebrated by the Carleton University Alumni Association, receiving their highest alumni honour, the A.D. Dunton Alumni Award of Distinction. [4]
Publications
Ontario Ombudsman reports
Oversight Undermined: Investigation into the Ministry of the Attorney General's implementation of recommendations concerning reform of the Special Investigations Unit, December 2011. [5]
Annual Report 2010-2011, June 2011 [6]
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. [7]
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. [8]
Annual Report 2009-2010, June 2010 [9]
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. [10]
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. [11]
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 [12]
Annual Report 2008-2009, June 2009 [13]
Pirating Our Property: Investigation Into the City Oshawa's Failure to Co-operate, April 2009 [14]
The ABCs of Education and Training: Investigation into the City of Oshawa Development Services Committee Special Meeting of May 22, 2008, March 2009 [15]
Investigation into the Counil of the Township of Baldwin's Closed Meeting of July 14, 2008, March 2009 [16]
Investigation into the Council of the Township of Nipissing's Special Meeting of April 25, 2008, February 2009 [17]
Municipal Government By Stealth: Investigation into the Council of the Township of Emo's Closed Meeting of April 8, 2008, January 2009 [18]
Oversight Unseen: Investigation into the Special Investigations Unit's operational effectiveness and credibility, September 2008 [19]
The Sunshine Law Handbook: Open Municipal Meetings in Ontario, September 2008 [20]
Annual Report 2007-2008, June 2008 [21]
Building Clarity: Investigation into how the Ministry of Government and Consumer Services represents its relationship with Tarion Warranty Corp. to the public, June 2008 [22]
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 [23]
A Test of Wills: Investigation into Legal Aid Ontario's role in the funding of the legal defence of Richard Wills, February 2008 [24]
Enlightening Closed Council Sessions: Investigation into Fort Erie Town Council closed meeting of January 7, 2008, February 2008 [25]
Annual Report 2006-2007, June 2007 [26]
A Game of Trust: Investigation into the Ontario Lottery and Gaming Corporation's protection of the public from theft and fraud, March 2007 [27]
Adding Insult to Injury: Investigation into treatment of victims by the Criminal Injuries Compensation Board, February 2007 [28]
It's All in the Name: Investigation into the Family Responsibility Office's ineffective enforcement using a writ of seizure and sale, August 2006 [29]
Annual Report 2005-2006, June 2006 [30]
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 [31]
Getting it Right: Investigation into the transparency of the property assessment process at the Municipal Property Assessment Corporation, March 2006 [32]
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 [33]
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 [34]
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 [35]
Selected Canadian Forces Ombudsman reports
Overhauling Oversight: Ombudsman White Paper, March 2005
Making Things Right: Unfair treatment by CF grievance system, March 2005
When a Soldier Falls: Reviewing the response to MCpl Rick Wheeler's accidental death, January 2005
From Tents to Sheets: An Analysis of the CF experience with third location decompression after deployment, September 2004
Unfair Deductions from SISIP Payments to Former CF Members: October 2003
Systemic Treatment of CF Members With PTSD, February 2002
The Way Forward, January 1999
Other published work
"The Ombudsman in the Justice System: Barometer, Horsefly, Oilcan and Safety Valve", The Advocates’ Society Journal, Summer 2007
"Innovate or Perish", Canadian Journal of Administrative Law & Practice (2007), 20 CASLP 101
Demonstrating Your Value (2003), United States Ombudsman Association Conference.
How To Assess Reliability in Khan and K.G.B. Applications (1996), 38 C.L.Q. 353.
The Guide to Investigations and Prosecutions (Aurora: Canada Law Book, 1995).
When is an 'Honest but Mistaken Belief in Consent' Defence NOT an 'Honest but Mistaken Belief in Consent' Defence (1995), 37 C.L.Q. 451.
References
- ^ Canadian Who’s Who 2011, Third Sector Publishing/University of Toronto Press, Orillia, p. 792.
- ^ Provincial and Territorial Ombudsman Offices in Canada, Stewart Hyson, ed., University of Toronto Press, Toronto, 2009, p. 200.
- ^ http://www.droitcivil.uottawa.ca/index.php?option=com_content&task=view&id=2303&lang=fr
- ^ http://www.siu.on.ca/en/index.php
- ^ See, for example, reports "The Way Forward" and "Systemic Treatment of CF Members with PTSD": http://www.ombudsman.forces.gc.ca/rep-rap/sr-rs/index-eng.asp
- ^ “Ontario Ombudsman on winning streak,” Globe and Mail, March 27, 2007.
- ^ “We’re lucky to have André Marin on our side,” Toronto Sun, March 9, 2008.
- ^ Provincial and Territorial Ombudsman Offices in Canada, Stewart Hyson, ed., University of Toronto Press, Toronto, 2009, pp. 189 and 199.
- ^ “Ontario’s Ombudsman uses moral suasion to push accountability and the public interest,” Professionally Speaking (Ontario College of Teachers), September 2011. http://professionallyspeaking.oct.ca/september_2011/go/annual_members_meeting.aspx
- ^ “Ontario must get with the times on transparency, watchdog says,” Globe and Mail, June 21, 2011.
- ^ “Ombud opens door to complaints via social media,” Law Times, August 22, 2011.
- ^ http://www.theioi.org/the-i-o-i/structure
- ^ http://www.aomf-ombudsmans-francophonie.org/l-aomf/role-et-missions_fr_000001.html
- ^ “Public Protector gets help from Ombudsman of Ontario, Canada (news release, South Africa Public Protector): http://www.pprotect.org/media_gallery/2011/22082011.asp
- ^ “International Ombudsman Institute ‘Sharpening Your Teeth,’ (news release, Gibraltar Public Services Ombudsman): http://www.ombudsman.org.gi/announcements/the-international-ombudsman-institute-sharpening-your-teeth