Making Things Right: Seeking Redress for Complainants

1. Making Things Right: Seeking Redress for Complainants Pauline Champoux-Lesage Quebec Ombudsman First Annual Conference Forum of Canadian Ombudsman Ottawa - April 1, 2003

2. Parliamentary Ombudsman Outlineof Role and Powers • Responsibilities • recourse for citizens • guardian of good governance • non-litigious recourse

3. Parliamentary Ombudsman Outline ofRole and Powers (continued) • Characteristics • independence • impartiality

4. Parliamentary Ombudsman Outline ofRole and Powers (continued) • Powers • investigation • recommendation • initiation (proprio motu)

5. Multiple Requests • Redress • Correction • Redress for complainant only • Redress for complainant and others in similar situation • Correction to prevent similar future situations • Immediate remedy

6. Actions • Study complaints • Investigate • Protect citizens in dealings with an agency or government • Make recommendations to redress wrongs or improve the situation

7. Sources of Prejudice • Illegality • Irregularity • Inequity • Error of fact Basis for all redress sought

8. To Request and Obtain Redress • There must be harm done • Attributable to a public body • Public body must admit responsibility

9. Illegality • We live under the rule of law • Non observance to the Law • Abuse of power • Respect decisions or court orders

10. Irregularity • Against rules of conduct established by a public body for its employees • Does not uphold its commitments as set forth in its Service to Citizens Statement or in the government’s declaration of principle

11. InequityEquity: • Correction of overly-strict rules • Remedies weaknesses • Interpretation if unclear • Equity  equal treatment

12. Error of fact • Failure to take into account: • document • object • file element

13. Rules and Principles • Redress sought: • on case-by-case basis • Correction sought: • weaknesses or inconsistencies in legislation or program

14. Rules and Principles (continued) • Examples • illegality • compensation granted • irregularity • visits made • tax credit granted

15. Rules and Principles (continued) • Examples (continued) • inequity • social welfare benefits paid to citizen • error of fact • social insurance number not taken into account

16. Qualify Redress Sought • Public Protector Act = corrective legislation numerous complaints of delays: • multiple causes and effects • Unfair demands or reduced benefits • Incomplete information

17. File a Request... • Right = proportionate to nature and severity of prejudice • Reasonable = make sense

18. File a Request … (continued) • Timely = momentum (timing) • possible adverse effects • Feasibility • applicable • financially sound

19. Types of Redress • Give access to a service or program • Refund excess taxes • Reduction or waiver of sums owed • Subsidy, permit, authorization • Reduction, elimination of delay

20. Types of Redress (continued) • Compensation for breach of right • Equity compensation • Request to analyse the file anew • Provide explanation, relevant information • Apologies

21. Results • Redress / correction obtained • Redress / correction refused • Impossible redress / correction • Different redress / correction Needs thorough follow-up

22. Other Principles • Use imagination, innovation • Within reasonable timeframe • Target problem’s sources and causes

23. Systemic Corrections • Repeated complaints • Important failings causing prejudice • Analysis of corrective legislation