Wendy Ray

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Overview for Delegation from Brazil

• Presented by
• Wendy Ray
• Senior Counsel
• Gareth Jones
• Director, Special Ombudsman Response Team

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The Ombudsman

• Mr. André Marin was appointed Ontarios sixth
  Ombudsman on April 1, 2005
• The Ombudsman is an officer of the Provincial
  Legislature.
• He is appointed by an all party committee for a
  renewable term of 5 years.

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Cornerstones for effective ombudsman

• Independence
• Financial and operational
• Impartiality
• Confidentiality
• Credible Investigative Process
• Public reporting

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What does the Ombudsman Do?

• Ensure accountability of government through
  effective oversight of the administration of
  government services in the province of Ontario.

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The Ombudsmans Mandate

• Ombudsman Act of Ontario
• Investigation of complaints about services
  provided by Ontario government and its
  organizations.
• Systemic investigations on issues relevant to
  citizens
• Recommendations to correct individual injustice
  and systemic problems.

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Ombudsman Powers

• The Ombudsman may investigate a complaint brought
  forward by an individual or on his own motion
• The Ombudsman also has the discretion not to
  investigate a complaint or to discontinue an
  investigation.

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Cooperation

• All government employees must cooperate with the
  Ombudsman during an investigation and provide
  information
• It is an offence to obstruct, hinder or resist or
  mislead or make false statements to the Ombudsman
  
• It is also an offence to refuse or fail to comply
  with any lawful requirement of the Ombudsman

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Evidence

• Access to government documents including files,
  notes, correspondence and emails.
• Summon witnesses, take evidence under oath and
  conduct hearings, where necessary.
• Power to enter government premises to conduct an
  investigation.

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Top 5 Types of Complaints2005/2006

• Property tax assessments
• Correctional Services
• Family Responsibility Office
• Ontario Disability Support Program
• Office of the Registrar General

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Organizational Chart2006
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Operations

• Early Resolutions
• Intake Officers assess jurisdiction, triage
  complaints and resolve
• Investigations
• Investigators issue focused, timely, structured
  investigations

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Special OmbudsmanResponse Team (SORT)

• Dedicated investigations team
• High profile, serious, systemic
• issues with high public interest
• component
• Public reports
• Follow up on recommendations
• Target of six investigations per
• year

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Selection of SORT Cases

• Nature of the issue
• Broader impact relevance
• Individual impact
• Policy implications
• Profile/public interest
• Governments position
• History/planned action
• Smoking guns

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SORT Investigations

• Time driven
• Issue focused
• Evidence based
• Team approach
• Investigation plan
• Tape recorded interviews

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Underlying Investigative Principles
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Investigative principles
1. Investigators must be as independent as
possible
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Investigative principles

• 2. The investigators must be as
  experienced as possible.

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Investigative principles
3. All physical evidence should be identified,
preserved, collected and examined as necessary
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Investigative principles
4. All relevant witnesses must be identified and
interviewed
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Investigative principles
5. All relevant documentation must be secured
and reviewed
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Investigative principles
6. The analysis of all the material gathered in
the investigation should be objective and based
solely on the facts
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Investigation Plans

• Allegations / Issues
• Investigative Strategy
• Sources
• Personnel required
• Other Resources required
• Milestones and timelines
• Completion date

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Examples of Completed SORT investigations
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• Ombudsman of Ontario
• Bell Trinity Square
• 483 Bay Street
• 10th Floor, South Tower
• Toronto, Ontario M5G 2C9
• Complaints line 1-800-263-1830
• Main Reception line 416-586-3300
• www.ombudsman.on.ca