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

2 Parliamentary Ombudsman Outline of Role and Powers Responsibilities –recourse for citizens –guardian of good governance –non-litigious recourse

3 Parliamentary Ombudsman Outline of Role and Powers (continued) Characteristics –independence –impartiality

4 Parliamentary Ombudsman Outline of Role 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 Inequity Equity: 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