Rediscovering the British Columbia Ombudsman’s Office

by Kim Carter, Ombudsman

“Ombudsman” is:

a) a position first established in 1809 in Sweden?;
b) an independent officer of the legislature in British Columbia?;
c) an office that assists in obtaining fair treatment from provincial public authorities?; or
d) all of the above?

If you answered “d” you would win a coveted “Ombuddy” pin in the B.C. Office of the Ombudsman.

Since 1979 the Ombudsman’s Office has been an integral part of ensuring access to justice for people in British Columbia. It has one of widest jurisdictions in Canada, with the ability to investigate complaints about administrative unfairness involving provincial ministries; administrative tribunals; boards and commissions; Crown corporations; health authorities and hospitals; school boards and schools; local government; colleges and universities; and self-governing professions (the Law Society; the College of Physicians and Surgeons).

Adopting a consultative approach, its role is to impartially and independently investigate complaints. It can make recommendations for remedying unfair treatment; encouraging accountability; and improving poor administrative practices. Fair resolutions obtained have included apologies; re-hearings; reconsiderations; financial reimbursements; and changes to policies and procedures.

Lawyers play an active role in the Ombudsman’s investigative process. A number of the Ombudsman Officers who conduct investigations are lawyers. Although not required, some of the complainants who come to the office choose to do so through their counsel. Often counsel for an organization being investigated is involved in providing its response.

The Office of the Ombudsman role in providing access to justice augments the role of other bodies. The office does not investigate matters that are being heard by a court or a statutory tribunal. If there is an established internal complaint resolution process within an organization that is available to a complainant then a referral to that process is usually offered as a first step, along with the information that the Ombudsman’s office remains available if that process proves unsatisfactory.

In addition to responding to complaints the Ombudsman can initiate her own investigation into any “matter of administration” – that is everything done by government authorities in the implementation of government policy except the activities of the legislature and the courts – that she believes results, or may result, in a person being treated unfairly.

In the past two years the office has completed a number of large systemic investigations into issues ranging, from the adverse effects of changes to crime victims assistance legislation, through the fairness of lottery prize payout processes, to the adequacy of procedures protecting drinking water safety. Currently, the office is engaged in a major investigation into concerns about senior’s care facilities.

Another recent innovation has been the establishment of an Early Resolution Process which is designed to deal quickly with administrative fairness issues such as delay, failure to respond to inquiries and inadequate explanations for actions or decisions.

For those seeking fair treatment, especially those with limited resources, the Office of the Ombudsman remains a valuable option.

More information is available at www.ombudsman.bc.ca.

This article was published in the December 2008 issue of BarTalk. © 2008 The Canadian Bar Association. All rights reserved.