Leveraging the Power of the Ombudsman to Influence Change and Improve Governance Suzanne Legault Interim Information Commissioner of Canada International Ombudsman Association Special “Ombudsman 101” Panel Discussion Ottawa, November 18, 2009

Role of the Ombudsman The ombusdman is not a governor nor an advocate nor a judge. The ombudsman is an impartial officer of Parliament, who answers directly to parliamentarians. He or she is the ultimate public servant, unburdened by any political agenda or special interests. The ombudsman is tasked with conducting impartial investigations into issues of government administration brought forward by citizens or on his own motion. The ombudsman cannot tell governors what to do. He cannot impose a solution, but he can recommend a resolution, not only to address individual grievances, but also to promote broad policy change with the potential to positively affect thousands – if not millions – of citizens. − André Marin, "Letting the Watchdog Off the Leash," Optimum, fall 2009

Ombudsman for Freedom of Information Freedom of Information is essential to achieve the goal of transparent and accountable government to foster citizens’ participation in the democratic process. The federal Access to Information Act came into force in In Canada, it has been recognized by the courts as having a quasi-constitutional status. Internationally, access to information is recognized as a fundamental human right.

Information Commissioner of Canada Agent of Parliament Appointed by Parliament 7 year mandate Independence (funding, Treasury Board policies) Protect requesters’ rights under the Access to Information Act Foster enhanced accountability and transparency in federal institutions to the benefit of Canadians

Information Commissioner of Canada Investigate complaints about federal institutions’ handling of access to information requests (complaints received from individuals or Commissioner-initiated) Strong investigative powers to obtain evidence Strong confidentiality provisions Recommendations to institutions on the resolution of complaints No order-making power Judicial review before the Federal Court

Office of the Information Commissioner

Complaints Resolution and Compliance Carries out investigations and dispute resolution efforts to resolve complaints Initiate and investigate matters relating to requesting or obtaining access to records (subsection 30(3)) Policy, Communications and Operations Monitors federal institutions’ performance under the Act Provides strategic advice and direction to address systemic and policy issues Provides administrative management and access to information and privacy functions Legal Services Represents the Commissioner in court cases Provides legal advice on investigations and legislative and administrative matters Human Resources Recruits and develops skills in line with business requirements

Immediate goals Timely access to information A fair balance between the right to know and protecting public and personal interests Effective and confidential investigations Recommendations to protect requesters’ rights Recommendations to promote a progressive access regime Recommendations to win the support of government and heads of institutions Court proceedings that advance the interpretation of the Act

Challenges: Case load

Challenges: External environment Fast pace and sophistication of technological developments Increasing complexity and horizontality of issues across departments and levels of governments Public−private partnerships Transborder flow of information Shift from manufacturing to knowledge-based economy Increasing public demands and expectations

Challenges: Access to information regime Outdated legislation and weak compliance model Poor institutional performance Deficiencies in information management Lengthy consultations and lack of accountability Insufficient qualified personnel and high turnover Lack of leadership Transparency adverse culture

Solutions: New business model Three-pronged business model, consisting of: Streamlined investigative process Integrated approach to systemic issues Continuum of tools and activities to maximize compliance Supported by: Long-term strategy to renew information management and information technology infrastructure Human resources strategic plan closely aligned with business requirements Internal audit function to provide independent and timely feedback

Solutions: Streamlined case management

Solutions: Strategic use of systemic actions

Solutions: Improved report cards process New methodology, introduced for : Provides holistic picture of institutional performance Reflects efforts to improve compliance Highlights contextual factors Reveals systemic issues Identifies best practices Special Report to Parliament Report cards , 24 institutions: Will provide fact-based evidence about the magnitude of delays in responding to requests Findings will be tabled in Parliament by April 2010 Three-year plan

Solutions: Compliance continuum

Solutions: Leveraging the synergies of partnerships

Solutions: Achieving greater access to information

Solutions: Promoting transparency in the digital era Open government data must be: 1.Spidered or indexed to exist; 2.Available in open and machine readable format to engage; and 3.In a legal framework to allow it to be repurposed to empower. − David Eaves, Expert in public policy and open source and network systems

For greater innovation and citizen engagement