making things right: seeking redress for complainants pauline champoux-lesage quebec ombudsman...
TRANSCRIPT
Making Things Right: Making Things Right: Seeking Redress for Seeking Redress for ComplainantsComplainants
Pauline Champoux-LesageQuebec Ombudsman
Pauline Champoux-LesageQuebec Ombudsman
First Annual Conference Forum of Canadian OmbudsmanOttawa - April 1, 2003
First Annual Conference Forum of Canadian OmbudsmanOttawa - April 1, 2003
2
Parliamentary Ombudsman Parliamentary Ombudsman OutlineOutline of of Role and PowersRole and Powers
Responsibilities
– recourse for citizens
– guardian of good governance
– non-litigious recourse
3
Parliamentary Ombudsman Parliamentary Ombudsman Outline ofOutline of Role and Powers Role and Powers (continued)(continued)
Characteristics
– independence
– impartiality
4
Parliamentary Ombudsman Parliamentary Ombudsman Outline ofOutline of Role and Powers Role and Powers (continued)(continued)
Powers
– investigation
– recommendation
– initiation (proprio motu)
5
Multiple RequestsMultiple Requests
Redress Correction Redress for complainant only Redress for complainant and others in similar
situation Correction to prevent similar future situations Immediate remedy
6
ActionsActions
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 Sources of Prejudice
Illegality Irregularity Inequity Error of fact
Basis for allredress sought
8
To Request and Obtain To Request and Obtain Redress Redress
There must be harm done
Attributable to a public body
Public body must admit responsibility
9
IllegalityIllegality
We live under the rule of law
Non observance to the Law
Abuse of power
Respect decisions or court orders
10
IrregularityIrregularity
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
InequityInequityEquity:Equity:
Correction of overly-strict rules
Remedies weaknesses
Interpretation if unclear
Equity equal treatment
13
Rules and PrinciplesRules and Principles
Redress sought:
– on case-by-case basis
Correction sought:
– weaknesses or inconsistencies in legislation or
program
14
Rules and Principles Rules and Principles (continued)(continued)
Examples– illegality
• compensation granted
– irregularity• visits made
• tax credit granted
15
Rules and Principles Rules and Principles (continued)(continued)
Examples (continued)
– inequity• social welfare benefits paid to citizen
– error of fact• social insurance number not taken into account
16
Qualify Redress SoughtQualify 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...File a Request...
Right = proportionate to nature and severity of
prejudice
Reasonable = make sense
18
File a Request … File a Request … (continued)(continued)
Timely = momentum (timing) – possible adverse effects
Feasibility– applicable
– financially sound
19
Types of RedressTypes 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 Types of Redress (continued)(continued)
Compensation for breach of right
Equity compensation
Request to analyse the file anew
Provide explanation, relevant information
Apologies
21
ResultsResults
Redress / correction obtained Redress / correction refused Impossible redress / correction Different redress / correction
Needs thorough follow-upNeeds thorough follow-up
22
Other PrinciplesOther Principles
Use imagination, innovation
Within reasonable timeframe
Target problem’s sources and causes