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

12

Error of factError of fact

Failure to take into account:– document

– object

– file element

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

23

Systemic CorrectionsSystemic Corrections

Repeated complaints

Important failings causing prejudice

Analysis of corrective legislation