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1994 Annual Report

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1994 Annual Report Annual Report ofthe Ombudsman, Province of British Columbia Office has moved through its many changes, we have transformed the decision-making process for both administrative and operational purposes. The new Guiding Principles articulates both the long-standing Mr. Koki Ishii, P(~r1inrnetitaryVice-Minister of the goals and the new direction of the Office. MCA greets the Ombirdsrrinti, Dulcie McCdlitm Notwithstanding these challenges, two Public Reports and one Special Report were issued. Listening: A Review of Riverview Hospital provided an ideal opportunity to assist an authority with a host of changes that will greatly benefit psychiatric patients and their families. Building Respect: A Review of Youth Custody Centres in British Colurnbia focused on how custody centres deal with young people and the May 25, 1995 phenomenon of peer abuse. The Special Report, The Nikki Merry Case dealt with a particular investi- ?'he Honourable Emery Barnes gation of the challenges a woman faced in bringing Speaker of the Legislative Assembly her complaint of sexual assault by her physician Parliament Buildings before the College of Physicians and Surgeons. Victoria, British Columbia During the year I played host to the Child and Youth Advocate Appointed 3 V8V 1x4 Ombudsmans of Canada. The conference was held in Progress at ICBC 4 Victoria just before the Stronger Children - Stronger t is my pleasure to table my 1994 Ombudsman Families Conference which I co-hosted with the Social Services Co-operates 8 Annual Report to the Legislative Assembly. This University of Victoria. Both conferences were a great B.C. Securities Conlmission Responds 20 I report is provided in accordance with s. 30(1) of success. the Onibirdsrnatr Act and covers the period from I had the good fortune to be invited by the Prime Listerring Report Adopted 24 January 1 to December 31, 1994. The report will be Minister of Japan to attend an international New Forest Practices Code 29 available on Internet and can be made available on Ombudsmans Conference hosted by the audio cassette. Post-it Poster insert Management Control Agency of Japan. While I was This is my third annual report as Ombudsman for the only Canadian Ombudsman to attend, I was the province of British Columbia. The past two and a joined by my counterparts from around the world half years since my appointment as Ombudsman have including Sir John Robertson, the then Ombudsman Guest Comments: been fidl of tremendous change and growth within my for New Zealand and President of the International Office. The mandate of the Ombudsnran's Office has Ombudsman Institute, recently named Lieutenant Professor Bill Black expanded from investigating 280 agencies and Governor. Law School ministries to 2800 next year. I commend my staff for When the government first announced its inten- University of B.C. their creativity, perseverance and diligence throughout tion to expand the jurisdiction of the Ombudsman to Human Rights Review 5 this period. The financial growth of the Office has been include schools, hospitals, universities, self-governing considerable and has supported the dramatic increase professional bodies and local governments, it was done Shelley Milne in jurisdiction over new authorities experienced as a at the same time as committing to the establishment of Manager, Ombudsman Inquiries result of proclamation of all of the remaining sections an independent Privacy Commissioner. Concerns Insurance Corporation of B.C. of the Schedule. regarding the jurisdiction of the Privacy Commissioner Response to Complaints 7 In order to deal with the changes resulting from to examine information held by the Ombudsman have Susan Park proclamation, new approaches to Ombudsmanship been raised with the Attorney General as the Minister Program Manager, Enquiry BC have been developed and implemented. I congratulate responsible for the Oniblrdsman Act and will, I hope, be You Have Questions? 18 public officials within all public agencies for their addressed in the spring session of the legislature in 1995. receptivity and openness to our suggestions for more Brian Green effective and efficient ways to manage Ombudsconcerns Respectfully submitted, Selections Standards Project Manager internally within government. Public Service Employee Relations Commission 1994 has been a year full of change and Competency-based Hiring 22 challenge. The process throughout proclamation of Dianne Macfarlane our new authorities has presented the Ombudsman's President and C.E.O. Office with significant and constant demands. Early Riverview Hospital 1995 will mark the final stage of the increased Dulcie McCallum Riverview Hospital Review jurisdiction of the B.C. Ombudsman with the Ombudsman for the -- inclusion of all forms of local governments. As the Province of British Columbia, Canada Dr. John W. Ekstedt Director, Institute for Studies in Criminal Justice Policy Simon Fraser University ato r;, A". z j Justice in Sentencing International Symposium on It was a great honour to be invited to Japan. The Ombudsman, sponsored by the government sessions provided me with an overview of of Japan, was held in Tokyo, June 22 - 24, ombudswork in other parts of the world. They also T gave me the opportunity to explain British Columbia's 01.1 :dl? 1994. It was the first Ombudsman Conference to be held in Asia, and the first meeting of Japanese role in ensuring fair, accountable and transparent #(01291661-93) ombudsman officials with foreign Ombudsmans. government. The truly exciting part of the Symposium Victoria, BC Nine countries were invited to send representatives: was meeting with the many dedicated volunteers who Canada, United States, Austria, Korea, Sweden, France, form the foundation of the Japanese system. I was Northern Ireland (UK), China and New Zealand. A delighted and moved by the kindness and generosity total of 1200 people took part in the proceedings. the Jqanese officials showed me during my visit. mbuds World at a Glance Japan 2 Sri Lanka 2 Office of the Ombudsman Parliament Buildings Canadian Ombudsmans Conference 3 Victoria, B.C. Stronger Children - Stronger Families 15 V8V 1x4 Hawaii 30 Page 2 Ombndsi-eport 1994 apanese excerpts from an address give n in lbkyo at the Inter.national Symposium on Ornbudsrnans I begin my remarks with a few brief system suits the socia 1 c 1' lmate comments about my Office in British of the country. Fapanese citi- Columbia, Canada. zens are generally disinclined The British Columbia Office of the Ombudsman to settle disputes by way of has undergone enormous changes since my appoint- open confrontation; rather, they prefer harmonious ment nearly two years ago. The most profound of solutions to issues through discussions and other these changes is proclamation of the remaining non-confrontational means. Deregulation, decentralization, mechanisms to curb sections of the Schedule to the Orribudsrnan Act that Counsellors are selected from among respected expansion and means to co-ordinate, such as through defines my jurisdiction. As a result of proclamation, citizens who have deep roots within their communities secretariats, are all examples of this. Why then the the number of authorities has increased dramatically. and are perceived by local residents to be congenial and level of public discontent, as in my country, and how The Ombudsman can now investigate all public empathetic. They try to settle grievances through can we take steps to resolve this phenomenon? bodies. All of the structural and administrative mediation. If they are not successful, they refer the The position and function of the Ombudsman is changes have been made with several specific goals in grievances to the appropriate officials within the but one way of facilitating administrative reform. mind: to stay relevant, to be an agent for social Administrative Inspection Bureau. Ombudsmanship affords us the advantage of under- change and to be accountable, fair, just and equitable. The work of MCA and its counsellors' taking democratization and reorganization of the pub- The internal changes have been undertaken with association is to be celebrated. Organized, utilitarian, lic service without political influence. In addition, while the overall -goals of the Office in mind. These are: volunteer efforts through the service of citizens is those with power and influence can often be heard by To encourage respect for public servants. The remarkable and is to be congratulated! In my leaders within government, those without power are, in public service in British Columbia, as in Japan, country, in response to the huge expansion in new any democracy, equally entitled to be heard and often has over the past many years become discredited authorities, we have focused our attention on training are not. This often leads to dissent and discontent and and dishonoured, Public servants are the front- of government personnel and orchestrating high level can only be resolved by a recognition they should be line decision makers, the professionals. For a meetings regularly with Presidents, CEOs, Ministers entitled to have their interests considered. Because an variety of reasons, as a collective, they have and their Deputies in order to enhance government's Ombudsman has the power only to recommend and borne much of the criticism from the public. appreciation of and attention given to the goal they does not make decisions, and because she speaks from They need to be respected and rejuvenated as are intended to achieve - administrative fairness. a position of status and respect, independent from the decision makers. Ombudsmans are increasingly becoming executive government, the Office does not diminish To promote self-help. We have entered an era where brokers. As I see it, what I am trying to do is to democratic tradition but simply makes the democratic citizens are not prepared to let things be done to encourage government to establish fixed points of process more just, equitable and inclusive of all the them by government. We have a sophisticated and responsibility within government to provide fair, people served. The key to the position of Ombudsman learned electorate.
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