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. Part of our role is to provide equitable and just services and processes in the first is independence, flexibility, accessibility and credibility. them with the information, guidance and skills that instance. From my perspective, I see the work of At the end of the day, Japan must find its own enable them to find their own solutions. MCA as already having this in place - an agent of the way of implementing an administrative fairness To ensure that we, as Officers of the Legislature executive of government working to ensure that the mechanism. What is fairness and what the or Parliament (Diet), are administratively fair government is receptive to the grievances and Ombudsman's model shodd look like in any partic- internally to improve our own sense of account- concerns of its citizens. This effort in my province, ular country or situation must be context-specific. ability and to set an example for government. which will have as an ideal outcome the Ombudsman This means they must be rebative and sensitive to the To focus our attention on prevention. A strategic being seen as a remedy of last resort, is just in its environment where they are taking hold. A model plan of outreach arid education has meant more formative stages. In contrast, the work in Japan is that enhances the sanctity of parliament or of the authorities are learning how to be fair first. now not to work within government because that Diet will in the end inevitably serve to promote I want to discuss the parallels and important goal has been achieved in large part by MCA. It is democracy for us all. distinctions I see between B.C.'s system and where Fapan rather to establish an independent Ombudsman is currently in its democratic evolution towards fair, mechanism outside of government. This may be done accountable, and trarlsparerit government, the theme for through the Administrative Reform Committee or by this symposium. Fapan does not have a parliamentary whatever means will complete the picture of having ombudsman system.' Ornbudsman functions are the available both internal and truly independent responsibility of the Ma~~agementand Co-ordination external sources of redress for citizens. Agency, an external organization of the Prime Minister's The emphasis in recent reports has been to urge Office headed by a Minister of State. The Agency is professionalism for all public servants, to promote self- responsible for ensuring that administrative systems, help among citizens and to identify the Ombudsman as organizations and their policies are democratic, fair, a remedy of last resort. In the end, those in Fapan and I efficient and effective. Fapan has a unique method of face a very similar task. That is to ensure fairness administrative counselling that effectively integrates the wit/iiri the government.We are talung considerable steps work of the Management and Co-ordination Agency to establish a means to hold government accountable with that of administrative counsellors, volunteer from without. Both, I submit, are essential dynamics of citizens who help to resolve people's grievmces as any optimally functioning democracy. neutral third parties at the community level. The crisis being experienced here in Japan about As I understand it, the system of administrative government is not unlike the situation that faces us in counsellors was established in 1961 in order to make British Columbia and Canada. There has been a it easier for citizens to lodge complaints about admin- serious credibility problem with the public service in istrative actions. The system obtained legal status in our respective countries. There have been significant 1966, and there are currently 5046 counsellors, one to changes within government in Japan that have been every 50,000 residents. The administrative couselling done in a very sophisticated and well-planned way.

Canadian Cataloguing in Publication Data British Columbia. Office of the Ombudsman The Ombudsreport is published Ombudsreport : annual report of the Ombudsman, annually and tabled in the British Province of British Columbia. - 1993 - Columbia Legislature. Copies may mess now to be obtained by phoning Annual. Title from caption. (604) 387-5855. Issued also on sound cassette. Editor...... Eileen King Continues: Annual report of the Ombudsman. ISSN 1195-3373 e Parliamentary Commissioner for ISSN 1200-528X = Ombudsreport (Victoria) Designer...... Dee van Straaten Production...... Denise Nicholls Administration (Amendment) Bill was 1. British Columbia. Office of the Ombudsman - Periodicals. passed in December 1994. Previously a 2. Ornbudsman - British Columbia - Periodicals. person with a grievance had to go with his problem to I. Title. 11. Title: Annual report of the Ombudsman, Province of British the Ombudsman through Parliament's Petitions Columbia. Committee. The amendment was aimed to give people JL429 .5 .04B74 354 .7llOO9'l C95-960241-0 with grievances direct access to the Ombudsman.. . to make the office of the Ombudsman more vibrant. Ombwdsreport 1994 Page 3

September, 1977 the British Columbia municipalities, regional districts, the Islands Trust plenary address at the 1993 UBCM Conference Legislature passed the Orrib~rdsrriarrAct, providing (together with the further authorities of by the Ombudsman the legal authority for the organization and Improvement Districts, boards of variance, presentations at the 1994 UBCM Conference operation of the Office of the Ombudsman which Municipal Boards, Committees arid Commissions presentations to the Municipal Officers began nearly two years later on July 1, 1979. The being added to the Schedule), will be proclaimed in t\ssociations in Qualicum Beach, Prince George, Ombudsman model was intended to strike a balance the spring of 1995. West Vancouver, Penticton between the prerogative of government to develop and The addition of all forms of local government presentations at the UBCM conference on implement public policy and the citizen's legitimate represents a large increase in the Ombudsman's Municipalities and Multiculturalism; the interest in being treated fairly by government. responsibilities and potentially, a dramatic rise in work Canadian Bar Association Municipal Law sec- At the outset it was recognized that time was load. There are 189 municipalities, regional districts, tion; the GVRD Regional Administrators needed for the Office to become established. For that towns, villages and cities. Add to this approximately Advisory Commission reason, the legislature proclaimed only sections 1 and 310 improvement districts whose actions can be meetings with the Islands Trust on Galiano 2 of the 11 sections in the Schedule of Authorities considered separate from those of niunicipalities and Island and the Council of the District of Hope. that defines jurisdiction. their boards and commissions. The proclamation of In addition, the Ombudsman has formed a Local These read: local government adds nearly 500 new authorities, Government Team made up of experienced investiga- 9 Ministries of the Province bringing the total number of authorities under the tors. A secondment from the Nanaimo Regional 9 A person, corporation, conlmission, board, Ombudsman's jurisdiction to over 2800! District will be part of the team in 1995. This second- bureau or authority who is or the majority of the It is difficult to predict how many complaints will ment position will be filled in subsequent siu-month members of which are, or the majority of the be received annually relating to local government. periods by representatives from Vancouver and North members of the board of management or board Many complaints will involve complex public policy Vancouver. The team has received training on a variety of directors of which are: issues and cross-jurisdictional matters that will of aspects of municipal law. Part of the proclamation (a) appointed by an Act, minister, the require considerable time and effort to investigate plan for the new team has been to set up a clear process Lieutenant Governor in Council; appropriately. We are helping local governments to work with local governments. I have written to local (b) in the discharge of their duties, public develop further strategies for dealing with public governments asking that a contact person be named to officers or servants of the Province; complaints through information and education. be the liaison with the Office of the Ombudsman. (c) responsible to the Province. Beginning as early as 1992, the Ombudsman's The expansion of the Ombudsman's jurisdiction For the first thirteen years, the Ombudsnlan was Office began an intensive speaking campaign to to municipalities will entail new challenges for the responsible for these authorities, nrlrnberirig acquaint local elected officials and local government Ombudsnlan and her staff, as have previous extensions approximately 280. Then, in rapid succession, administrators with the role of the Ombudsman. of her jurisdiction. Each expansion of authority has starting on November 1, 1992, six of the remaining They explained how they proceed in investigating presented staff with a learning opportunity as they sections were proclaimed, starting with schools and complaints, the powers granted under the consider how the Ombuds~nan'sviews of fairness can school boards. During 1993, provincially vested Ornb~rdsrrran Act and offered assistance to local fit with the decision-making processes of the new corporations, universities and boards, colleges and governments to develop their own internal pitblic agencies. My goal is that we grow in our understanding boards, hospitals and boards (with the new regional co~nplaintsprocess, one that respects the principles of local governmerits and work with the new and local health boards and councils already added to of administrative f.'~~rtiess. ' authorities to strengthen their initial decision making the Schedule), arid governing bodies of professional Among the many appearances made were: and to develop or improve their own internal review and occupational associations were brought within @ a pre-conference training session on the role of proceeciures. These initiatives will assist us greatly in the O~~ibudsrnan'sjurisdiction.We anticipate that the the Ombudsman, preceding the 1993 UUCM meeting our goal of "Promoting Fairness for all British remaining sections of the Schedule, including Confererice Columbians."

impossible to achieve integrated service delivery. Young people in need of publicly funded services suf- fer from the resulting confusion and inconsistency. The government has appointed the first Advocate for Children, Youth and Families. She will be the fifth Officer of the B.C. Legislature, and, as such, intended to be independent from government and impartial in her work on behalf of children and youth. This position provides an external mechanism to hold June 1994 my Office hosted the annual government accountable for and to advocate on National Conference of Canadian Ombudsmans. behalf of those young people in care of the State. The The focus cvas how to enhance the quality of many years, the Ombudsman anti others government is to be cornmendeci and congratulated Ombudsman investigations and operations. British Colu~nbiahave urged government for establishing this Advocacy Office. The conference provided us with many opportun- create an office responsible for children. I have, however, some concerns about the liniited ties, including a time to demonstrate our new Increased attention has been given to the needs of jurisdiction of this Officer. Her mandate is to computer Case Tracking System for our Ombuds children since the tragedy of iMatthecv Vautlreuil advocate for those children, youth and their families colleagues. Norman Kunc preserlted a humorous came to light. I publicly urged the government to in receipt of or in need of services frotn the Ministry challenge to Ombudsmans in his presentation, "In conduct an investigation into matters resulting in his of Social Services. The rationale for including hmilies Whose Best Interest?" describing how persons cvith dis- death. Subsequently, the minister of Social Services within the mantlate of the Officer is, at present, abilities have been inappropriately served despite the named Justice Cove as a single person inquiry who unclear. Restricting the jurisdiction of an Officer of good intentions of service providers. Me introduced us will report in 1995. the Legislature to one ministry of government is to one of his videos, "The Other Side of Therapy: In an effort to promote the interests of young counterproductive to the intent and spirit of the child Disability, Normalcy and the Tyranny of Rehabilitation." people ciuring 1994, I travelled the province to meet advocacy legislation and incompatible with what is Dianne Macfarlane, President of Riverview cvith and listen to young people. Prior to doing so, I meant by an independent Officer. Hospital gave her perspective on being the object of circulated a paper to focus the discussions. This was Establishing the position is a good starting point an Ombudsman investigation. Initially dreaded, the the first time an Ombudsman had undertaken this but jurisdiction needs to be complete. Many young investigation became a valuable exercise in kind of outreach. The children and youth provided people have dealings with many departments in co-operation and growing understanding. me with invaluable insights. I consolidated these in a various ministries. Some children in care of the state Cynthia Price Cohen spoke on "Child further paper entitled "Children should be Seen and find themselves in mental health or correctional Ombudswork" arid "Ombudsmanship and Child Heard." This paper was circulated at the Stronger facilities. From a youth's perspective, if the assistance Advocacy, a Comparative Analysis". Children - Stronger Families Conference held in of an advocate is required, it matters little which The Privacy Commissioner and the Auditor General Victoria. Copies of both of these papers can be ministry is the primary service provider. I have joined the Ontario Ombudsman and the Vice-Protecteur obtairieri through the Office of the Ombudsman. suggested to government that the jurisdiction of the de Citoyen (Quebec) to discuss "Accountability of The message I heard was clear - children and Advocate be expanded and that all ministries Government: The Roles of the Legislative Officers" in a youth need the opportimity to be heard. I again responsible for serving children and youth be session that explored their effectiveness in holding the urged government to create a position that would included in a Schedule to the legislation from the executive branch of government accountable. enable youth to be heard, At present we do not have outset. Young people who are the most vulnerable The Lieutenant Governor, the Honourable David a cabinet minister responsible for children anti may be in the weakest position to access the services C. Lam, hosted the Ombudsmans and their staff at a youth. Services are delivered by a multitude of of the Advocate. I am encouraged by the receptivity reception at his home. The Speaker of the Legislature, ministries including social services, health and the of government to date to these suggestions but a the Honourable Emery Barnes, invited the attorney general. Without a fixed point of responsi- concerted action plan is required. The public are Ombudsmans to an informative lunch at the bility within government, notwithstanding best likely to become confused and ciistrustfid about the Legislature. On a lighter note, a double decker bus took efforts on the part of a nuniber of child-serving way the Advocate's office is currently constituted. the party to Butchart Gardens for a delightful tour and ministries, it is difficult, if not, in my opinion, dinner, which they all enjoyed immensely. Page 4 Omlondsreyort 1994

1994 has c~sitivean roduetive yea mbudsmads relationship with was a dark and stormy morning. In the middle of a snowstorm a driver skidded into a parked or some years the Ombudsman has referred paid to replace the plates. In 1994, we received a car. Although the street was dark and deserted, most of the complaints she receives about complaint from a customer who felt that it was he stopped and left his name and number on the ICBC to a special staff unit exclusively unfair for ICBC to withhold compensation when she other car's windshield. He carefully noted the point dedicated to resolving these complaints. (See Guest did not have the option of not replacing the plates. of impact and that the only damage appeared to be Corrlment in this section). If the Ombudsman feels ICBC reconsidered its previous policy and now offers some black scuff marks. The next day he contacted that a cornplaint cannot be handled internally, she coverage of replacement plates when a theft occurs. ICBC to report the accident. can conduct her own investigation. To date most The other driver contacted ICBC some weeks conlplaints have been successfully addressed by later. Our complainant was then notified that he had ICBC's special staff unit. been found liable for the damage, and was offered the Some of the issues we discussed with ICBC opportunity to pay for the repairs so that he would during 1994 include: not lose his safe driver's discount. While he had no Subrogated Claims problem with his liability for the accident, he was These are claims for which ICBC has not surprised at the high cost of the repairs, given the attempted to obtain a judgment certifying that the very minor impact. debtor is responsible for the debt. While it is not help the public understand the rnajor areas The man felt that he was being accused improper to make a demand for payment without a of complaint against a specific authority, our judgment, ICBC's collections department has also staff have developed key words to assign on of lying about the extent of the damage. attempted to withhold renewals of drivers' licences closing a file that identify the key elements to a He contacted the adjuster who told him that and insurance coverage, actions to which it is not complaint. We have worked in co-operation with there were three points of impact consistent with his legally entitled without a judgment. After several authorities to use termi~iologycommon to both of us. own statement describing the damage. When he complaints the Ombudsman obtained ICUC's Using key words is helping the Ombudsman and the questioned this finding, he was told that the adjuster agreement to discontinue such actions, and to authority to determine when a trend is developing and who had estimated the damage was a trained correct misleading statements in collection notices. whether some systemic change may be needed. Key professional who never makes mistakes, and that Settlements for Children word closings for the last quarter of 1994 are shown people often underestimate both the amount of The law requires all settlements for minors below for ICBC and on page 10 for the Income damage they have done and the cost of repairs. The under $10,000 to be reviewed and approved by the Assistance Division of the Ministry of Social Services. man felt that he was being accused of lying about the Public Trustee. (Settlements of $10,000 or over are extent of the damage. He asked ICBC to inspect his approved by the courts). When the proposed car to see wlietlier it could have caused the damage at settlement is presented to ICBC, the Public Trustee the particular points of impact on the other car. His reviews it to ensure that it is sufficient, arid that any request was repeatedly refused. Finally, the legal fees are appropriate. hevitably, this process complainant wrote to the president of ICBC. The delays finalizing the settlement, and may lead to Customer Relations Unit handles most letters of increased legal costs if the settlement is found to be complaint to ICBC on behalf of the president. Often, inadequate. For some years, ICBC has authorized but not always, the unit is able to resolve the problem staff to ignore this requirement if the settlement is to the customer's satisfaction. Sometimes, however, gratuitous. (A gratuitous settlement is one in which the internal review is not sufficiently thorough and ICBC pays compensation even though it does not objective. accept legal liability for the claim). Ikcently, ICBC Two months after writing to the president the man instructed staff that gratuitous settlements up to received a response that essentially reiterated the $4000 need not be approved by the Public Trustee. adjuster's position without any apparent fresh review While it is true that such settlements are not binding of the facts. To add insult to injury, a statement he had on minors, who may challenge them upon reaching made in one of his letters of complaint was taken out nineteen years of age, the gratuitous settlement Follow-up of context and treated as an admission of responsibili- device could be used in cases where legal liability is ty for the damage. His statement was obviously not in doubt, in order to avoid the scrutiny of the Ombudsreport 1993 ambiguous, but he was not given an opportunity to clarify it before any conclusion was drawn. Public Trustee. The Ombudsman is concerned about Page 5 A the risk to minors, and is pursuing the issue with A complaint that should have been ICBC and the Public Trustee. mpersonation resolved very quickly through an Prime Rate Individuals with impersonation complaints will immediate inspection of his car instead In the last few years we have received several wow receive from their local Motor Licensing offices an complai~itsabout the 18 per cent interest rate on inforrrratiori package with clear instructions... had to be resolved by an external agency. debts owed to ICBC. Since the rate does not fluctuate The complainant then contacted the with the prime rate, the 18 per cent rate may be someone else been using your name to Ombudsman because he believed that ICBC had not either reasonable or unreasonable, depending on the oid a traffic fine? If you have received a done a thorough review in response to his letter to prime. ICBC's main consideration in determining bill for a traffic violation you did not the president. The O~nbudsman contacted the the rate is not the prime rate but the rate charged by commit, the people at your local Motor Licensing Customer Relations officer and asked him to arrange other comparable agencies. While this is certainly rel- office may be able to help. The new procedures for the man's car to be inspected. We met with some evant, not factoring in the prime rate has meant that described in our 1993 report have now been initial resistance, and even after ICBC agreed to the in 1993 and 1994, ICBC's 18 per cent rate has often operating for a full year and, as expected, have inspection, there were delays. Eventually, however, been higher than that of most niajor credit card succeeded in virtually eliminating this category of ICBC inspected the car and immediately determined issuers. ICBC legitimately points out that its high complaint to the Ombudsman. The Manager of that it could not have caused all the damage claimed interest rate is intended to serve some purposes that Investigations reported opening over 200 impersoti- by the other driver. may not apply to credit card issuers, such as deterring ation investigations during the year, a considerable Although the complaint was eventually resolved customers from postponing payment of debts and saving of time and inconvenience for the many (some ten months after the accident) the way ICBC offsetting the costs of collections. Because the prime innocent victims who previously had to resolve each handled his complaint meant that the man not only rate represents the accepted norm from which to ticket separately with each police force. Now, individ- lost confidence in the claim centre that had handled calculate other rates, we think it is important that uals who bring impersonation coniplaints to Motor the claim, but also in the corporation's ability to treat ICBC's rate bear a greater relationship to the prime. Licensing offices are given a clear written statenlent complaints fairly. A complaint that should have been We will continue to pursue this matter. of what they have to do and what the Motor Vehicle resolved very quickly through an immediate Plate Theft Branch will do on their behalf to resolve the problem. inspection of his car instead had to be resolved by an When a vehicle is stolen, ICBC will normally Congratulations! The development of this procedure external agency. compensate the customer only for those items that clearly indicates that we can look forward to the are permanently attached to the vehicle. As licence branch continuing to enhance its internal coniplaint plates are not permanently attached, ICBC has not and review procedures. report 1994 Page 5

and videotape it. courage that it takes for someone in a The videotape shows the investi- Guest small community to file a complaint of gator engaged in a very detailed Comment sexual harassment. They also showed conversation with the home owner how an individual in Dawson Creek or about the condition of her home and Smithers, for example, feels when she or how it might meet his needs. He also he must deal with an official in Victoria. got her to talk about her health and Among the most important how badly it had been affected by the themes that emerged repeatedly from accident. None of this was particularly by Professor Bill Black the study were: prejudicial to her, but the videotape Law School @ The need for more education and showed her moving about the house University of B.C. information and carrying out various domestic at the invitation of the Ombudsman @ The need to make the system en they are sued for duties without any apparent restric- more accessible damages, agencies like tion on her movement. ICBC showed e Ministry responsible for @ The need to speed up the process WCB and ICBC may the videotape to the physician who Multiculturalism and Human @ The need to co-ordinate the use private investigators to obtain had previously found that she was Rights had concerns that the human rights machinery with evidence to present at trial. The disabled. Without consulting her or Hwnan Rights Act, which came into other legal protection. Ombudsman receives complaints conducting a further examination, the effect in 1984, had limitations that As I said in my report, there are two from people who feel either that physician gave an opinion based on undermine its effectiveness. I was primary reasons why the present system surveillance is inappropriate under the videotape that she had deliberately engaged to evaluate the Act and its does not achieve all of the goals of any circumstances, or that the actions exaggerated her injuries to him. administration and to find solutions human rights enforcement. The first of a particular investigator are ICBC decided to use the videotape for any problems identified. and most important is that the structure inappropriate. ICBC has attempted to and the second medical opinion at the Public consultation was a central of the B.C. Council of Human Rights deal with this very sensitive issue by trial. In the meantime, the woman feature of the review: makes it almost impossible to achieve developi~igguidelines for the conduct discovered the investigator's misrepre- 8 A pamphlet in five languages, in many of the goals.. , [Tlhe council is of private investigators. sentation and complained to the both print and Braille formats, responsible for adjudication along with In a particularly contentious case in Ombudsman. After viewing the video- announced the study. all other aspects of human rights 1994 a woman claimed that she had been tape, the Ombudsman believed that 63 A longer discussion paper was protection. The neutrality required for permanently disabled in a motor vehicle ICBC had acted unfiairly in using distributed to help individuals adjudication makes many other activi- accident some years previously. ICBC surveillance material obtained as a and groups identify the key issues. ties difficult or impossible. The council suspected that she was deliberately result of unlawfiil entry and an invasion @ Individuals and groups provided cannot initiate cases because it would be exaggerating the extent of her injuries. of the woman's privacy. As well, the written submissions presenting hearing its own claim. It cannot repre- However, an independent medical actions of the investigator were clearly detailed research into the Act and sent the public interest during litigation report ICBC had commissioned from an in breach of ICBC's own guidelines its operation, the results of surveys for the same reason. It has no statutory orthopedic specialist indicated that she that, in part, prohibited investigators of a community and of workshops. mandate for education or information was genuinely disabled and could not from misrepresenting themselves and @ People who had been parties to a .. . In short, it is almost impossible for a return to work. from trespassing on private property. human rights complaint were single agency to take all the positive steps We discussed our concerns with ICBC, surveyed. Over 400 letters were needed to protect human rights while The Ombudsman receives and they agreed that they would not use serving as the tribunal that decides colnplaints from people who sent to a random selection of per- the videotape or the second medical sons asking for their impression of human rights cases. feel either that surveillance opinion at the woman's trial. the system and for suggestions for The second key issue is resources. is inappropriate under any In pursuing this issue, the improvement. This survey was For example, the council has no circumstances, or that the Ombudsman was mindful of the need carried out within strict guidelines resources for education, research or for agencies to use all possible policy development. It must rely on actions of a particular inves- developed by the Information and legitimate means to detect and Privacy Commissioner. staff from another ministry to carry tigator are inappropriate. prevent fraud. In her view, it is not Q Meetings were held in nineteen out the key functions of investigation unfair for ICBC to use surveillance to and mediation. Measured either in The woman and her husband had communities around the province, gather evidence. However, the surveil- terms of the size of the province or listed their house for sale. Although he both round-table discussions with lance must be conducted in compli- the number of cases, B.C. spends did not have specific instructions from human rights groups, business ance with the law, and according to significantly less money on human ICBC to do so, the private investigator groups and labour groups to the guidelines developed by ICBC. rights protection than many other contacted the real estate agent and provide an informal exchange of As a result of this complaint, Canadian jurisdictions. misrepresented himself as a prospec- ideas outside the public spotlight, ICBC has developed a new set of The assistance I received from tive purchaser. He told the agent that as and public meetings to allow all guidelines that reflect the legitimate participants in the consultations is his wife was unable to join him in interested people to express their interests of all the parties involved, We undeniable. I hope that this was a two- viecvi~lgthe property, he would like to views about the H~i~llnzanRights Act. appreciate the commitment to fair- \yay street and that the consultations videotape it for her. On that basis, the These meetings, papers and ness evident in ICBC's response to helped to inform participants and realtor obtained the plaintiff's consent discussions brought home realities that this complaint. other members of the community for the purchaser to enter her home are distant from my university perspec- tive. For example, they revealed the about the Human Rights Act.

rofessor Bill Black's long- clear separation of the intake-media- adequate human rights education fundamental values about how we wish awaited review of British tion function (with the power to program in this province. Mass media to treat others and how we might expect Columbia's Human Rights dismiss claims in some circumstances) coverage of human rights issues often others to treat us. Everyone can benefit Act and its administration by the B.C. from the functions of the human focuses on problems elsewhere in the from knowing these rules, and knowing Council of Human Rights deserves rights tribunal that would conduct full world and it is easy for Canadians who there are remedies available if they are attention. hearings and review decisions of the have not personally experienced violated. Professor Black proposes that a In my 1993 Ombudsreport I Director of Intake and Mediation. discrimination to assume that all is well Commissioner of Human Rights be suggested that the extensive delays in With her own staff and some decision- here at home. Those of us who have wit- appointed, who will develop and dealing with complaints might be making powers, the proposed Director nessed the extent of discrimination in implement human rights education and significantly reduced if the council had of Intake and Mediation position our own society appreciate the impor- information programs. Such programs full control over its own investigative staff could have the tools to resolve most of tance of human rights education. are important to ensure people know who currently work for Employment the complaints our Office receives Education is important not only for their rights arid how to access a remedy Standards, However, as Professor Black against the current council including those \vho offend, but also for those who if those rights are not respected. I am notes, the problem of delay cannot be complaints of unreasonable delay, permit discrimination to continue by hopeful that the government will take solved by simply providing more fi~nding incomplete investigations and in- failing to recognize arid work against it. this particular recommendation, along and staff without also developing a more appropriate investigator assignments. The Cawadan Charter ofRiglzts and with the others, seriously. I will be efficient and administratively fair The other Ombuds issue in "com- Freedom and our provincial Mumarz watching with interest as the govern- organizational structure. plaint prevention" concerns Professor Rights Act reflect the heart of our ment considers how to implement Professor Black has proposed a Black's comments on the lack of an democratic society and are based on the Professor Black's report. Page 6 Ombudsreport 1994

ublic reaction to crime and inmates out of double bunking. changed the name of this division and to criminals who have been One incident of a complaint of made it independent of the released into the conlminity sexual abuse was raised this year at a Corrections Branch. The director now calls for greater security and supervision. Pretrial Centre and was referred to the reports directly and solely to the Agencies such as the Parole Board are the Investigation, Inspection and Attorney General, rather than to the focus of attention and pressure from the Standards office by the Attorney Assistant Deputy Minister of n appeal to the B.C. press and the public. Internally, the General. A final report on the matter Corrections. The office continues to be Board of Parole, a man Corrections Branch is now more is still expected. responsible for carrying out periodic whose parole had been cautious about allowing inmates into the Overcrowding also puts pressure inspections of institutions and proba- cancelled was granted parole, which community on temporary absence on staff to send more inmates to less tion offices, as well as investigating he completed successfully. programs. The result is that more people secure settings. The classification complaints from individuals. The However, the complainant stay in custody for longer periods of time, process assesses inmates and matches amended legislation also provides for reported that, before the hearing that causing overcrowding and higher costs. their needs with the branch's interest the director to carry out an investiga- cancelled his parole, and outside his Dealing with overcrowded in holding as many inmates as possi- tion on his or her own initiative. presence, Corrections Branch staff remand and secure facilities was a ble in the lowest level of security discussed his situation with two challenge for the Corrections Branch in required. In practice a number of Parole Board members who would be 1994. Recently constructed centres inmates who normally would not be deciding whether to cancel his parole. originally designed for a set number of sent to camps, because of overcrotvd- He contacted the Ombudsman to inmates were pushed to the limit and ing are sent, and have difficulty par- complain about the unfair procedure. stretched even further by adding ticipating in the programs. Their We found that at least two double bunking. While we expect to see presence increases the need for securi- Corrections staff had met with the efficient use of space and good ty against the flow of prohibited two Parole Board panel members stewardship of provincial money, we items, and escapes. ne hundred ninety-two before the final hearing, although the must not ignore the risks of over- Overcrowding is also reflected in hours confined to your cell! recollections of those involved crowding. the high volume of complaints to the An inmate in a B.C. differed considerably. One Parole Ombudsman. Many complaints come Board member denied having partic- Public reaction to crime and Correctional Centre may receive such from inmates who are transferred to a punishment if a disciplinary hearing ipated in any .conversation outside the to criminals who have been another centre without being consul- finds him or her guilty of an offence. complainant's presence about his released into the community ted, as the branch tries to even out the The time, a maximum of 192 hours, application or circumstances. The calls for greater security and number of inmates in each centre. may be served on weekends, holidays other conceded only that procedural These transfers disrupt inmate visits, matters had been discussed with supervision. or evenings. A man who had received families and release plans, as well as such a sentence complained to the branch staff. A Corrections Branch In the Kamloops Regional increasing the potential for the loss of Ombudsman that the unit officers employee admitted that he had Correctional Centre, overcrowding personal possessions. were inconsistent in the way they brought to the attention of the panel information not previously given to has resulted in bunks being placed in When the Ombudsman credited the number of hours he the segregation area. Segregation cells spent in his cell. the panel and to the applicant. usually hold inmates who have been placed these concerns before We resolved this complaint by While the contents of the disciplined for breaking the rules of stag she found them speaking with the director of operations. discussion remained unclear, we the centre. Putting two such inmates Because inmates work at different concluded that the complainant's responsive to moving inmates application had indeed been discussed together increases the risk to the staff out of double bunking. assignments they may finish work at of handling a disturbed inmate. different times and have different while he was not present, and that the Adding another bed also calls for In order to deal with the number "evenings." The director instructed the Parole Board members had acted greater diligence in supervision. The of complaints, we continue to ask officers who conduct disciplinary panels inappropriately in allowing this to frame of an upper bunk could be used inmates to use the branch's internal to be more specific in assigning cell occur. We had not received other by a disturbed inmate intent on complaint system before requesting an hours. Unit officers were to follow the similar complaints, but felt that such a suicide. Also, staff must be careful in investigation by the Ombudsman. We instructions of the disciplinary panel. fundamental breach of the rules of their choice of inmates to share a cell. also refer callers to the Investigation, Our investigation helped correctional natural justice should not go unre- Some may victimize or abuse other Inspection and Standards office, staff to establish some consistency in the marked. At our request, all members of inmates. When the Ombudsman formerly known as the Division of interpretation of the rule. We also the board were reminded that any placed these concerns before staff, she Inspection and Standards. An amend- encouraged officers to vary the types of discussion of a case must be conducted found them responsive to moving ment to the Corrections Act this year disciplinary punishments they impose. in the presence of the applicant.

n innlate of a correctional As the man came within a week extracting all rather than just two of the man awaiting trial in a centre is not permitted to of his release, he contacted the man's wisdom teeth. Corrections staff remand centre was charged carry money. Wages earned Ombudsman to complain that the suggested the complainant bore some with assaulting a staff mem- within the centre and any other funds are entire amount of his previous week's responsibility for agreeing to the ber. tie was confined in separate custody deposited in the inmate's trust account wages had been applied to the dental additional work. Staff felt the man owed apart from other inmates. He com- administered by Corrections. A discipli- bill, contrary to the agreement he had the total amount billed and were plained to the Ombudsman that he was nary panel may order that wages be signed. The next day he complained attempting to collect as much as possible deprived of books, of the Bible and of the withheld, for example, when an inmate that, after staff had escorted him to before he was released. When we weekly allotment of tobacco, all of which has damaged property, but all with- Social Services to obtain interim suggested that their actions exceeded the the other remand inmates received. drawals from the trust account must be financial assistance upon his release, terms of the agreement with the inmate, The regulations governing the authorized in writing by the inmate. they asked him to apply the small and were contrary to branch policy handling of inmates seated that inmates The complainant needed two amount he received to the cost of the governing the administration of trust confined in separate custody must not, wisdom teeth extracted, a procedure dental work. accounts, they reversed their decision. for that reason only, be deprived of any not included in the medical coverage When the agreement was signed it Staff then stated they intended to retain privilege that can reasonably be given for inmates. Before the extractions had been clear that the total cost of all the tvages earned in the week prior to them and that they would otherwise were done, the complainant signed an removing his teeth might not be covered the man's release. At our request, the enjoy. We could not find a justification agreement with Corrections to pay before the man completed his sentence. District Director intervened, and staff for refhing to give this man his tobacco 30 per cent of his weekly wages, "until To make matters worse, the find dental were directed to uphold the agreement products and a Bible. When we the total dental work cost is paid in bill was approximately $1000, four times and to deduct only 30 per cent of the contacted the director, lie agreed to full.'' He also agreed to a provision the cost originally estimated by the wages earned. change the local policy immediately. that if the balance in his account correctional centre's dentist. The centre Ironically, the person who provided the exceeded $25, the excess would be claimed the oral surgeon who did the inmate with the Bible was the Chaplain, applied against the dental bill. work had exceeded his instructions by the person he was accused of assaulting! Qmbudsreport 1994 Page 7 Attorney

Guest complained of is consistent with existing corporate er the G - Gaming policies and procedures. If it is not, we will work with Comment the Ombudsman and the relevant corporate staff to Under the N - Notice review and possibly revise the decision. Even when we determine that the decision was in accord with existing policies and procedures, the matter may not end there. In some cases we will consider, in consultation with senior management, whether the particular policy or procedure needs may run a bingo game, but you may not by Shelley Milne Manager, Ombudsman Inquiries review and revision. Reasons for review may be that y! You may carry chips to the roulette the decision is not fair or that it does not meet the le, but you may not play! Volunteers and Insurance Corporation of B.C. at the invitation of the Ombudsman customer service standards set by the corporation. employees working at casinos and bingo halls were The manager of Ombudsman Inquiries supervises taken aback when they discovered they could not the handling of all complaints and acts as a liaison play at the location where they worked even when off BC has had a department responsible for between ICBC and the Ombudsman. Working co- duty! With no prior notice, the Gaming Commission processing Ombudsman contacts since proclamation of the Ombudsisman Act in 1979. operatively, the offices develop effective internal had instructed Regional Managers in November complaint handling and discuss broader issues about 1994 to make effective immediately the following The main function of the department has been to work with investigators in the provincial corporate policies and procedures. By separating the addition to the Terms and Conditions of Licence: broader issues from the particular complaints that No employee engaged in the conduct or Ombudsman's Office to deal with complaints made to the Ombudsman by customers of ICBC. In 1994 brought them to light, ICBC and the Ombudsman can mariagement of a licensed gaming event at a gaming review policies and procedures in a non-confrontational locatioti shall participate as a player in any event at the department handled approximately thirty-five process and look for new ways for ICBC to be more that location at any time. complaints per month. In 1994 the president of ICBC agreed to meet effective and fair. The negative reaction of bingo employees and Having an internal department to handle com- volunteers was immediate and intense. Several com- regularly with the Ombudsman and to designate a posi- tion with the corporation to deal solely with Ombuds plaints made about the authority to the Office of the plained to the Ombudsman. Ombudsman has many benefits: In response, the commission delayed the matters. At present the unit consists of a manager and 1. Facilitates the handling of complaints in a timely, implementation of the new condition until Jmuary one customer relations officer. In co-operation with the Ombudsman's Office we have developed a consultative and more consistent and effective manner. 1, 1995. A notice to this effect was issued to all 2. Gives the Ombudsman's investigators access to licensees and gaming sites giving those affected an approach to complaint handling. On receipt of the ini- tial information from the Ombudsman's Office the someone familiar with the internal operation of the opportunity to present written submissions to the authority and its staff, whose main responsibility is commission by November 29, 1994. Within this customer relations officer will attempt to clarify the complaint either by speaking directIy to the customer or to ensure that investigations into complaints are short period, the commission apparently received appropriately conducted and resolved. many letters, and petitions with over 4000 signatures. by speaking with the Ombudsman investigator. The customer relations officer will then begin the investiga- 3. Provides a means for the authority to track At its December meeting, the commission changed complaints and keep statistics, allowing the its policy to reflect the concerns that bingo and tion by reviewing the file, speaking to the staff involved, and drawing upon any other resources that may be authority to identify chronic problem areas and casino operations were being treated differently from to take action in resolving these problems. other gaming events and that some consideration necessary to obtain a complete picture of the case. Other resources may include internal legal staff, corporate 4. Enables the department to act as a "sounding should be given to the special role of volunteers. The board" for corporate staff in the development of revised Terms and Conditions of Licence permit underwriters, collections officers and other claims staff. new policies and procedures. volunteers to participate as players in bingo or casino Throughout this process the customer relations officer 5. Respects the role and responsibility of the events they are not conducting or managing. will maintain contact with the Ombudsman investigator authority to have the first opportunity to However, employees engaged in conducting or and the customer. investigate complaints and find a solution. managing a licensed casino or bingo event at a The first question we ask is whether the decision gaming location may not participate as players in any event at that location at any time. An Ombudsman investigation of these complaints was not necessary because of the quick and appropriate response of the commission to the concerns expressed by bingo employees and volun- teers. A representative of the commission has assured us that, in the future, the commission will be more likely to give adequate notice and an opportunity to comment in advance to those who may be affected by nder the Legal Profession Act the Law Society means "no service quality problem." The Law Society any proposed policy changes. is responsible for regulating the conduct of is sensitive to the public's concern about service Ulawyers in British Columbia and for setting quality and in 1995 will be considering what standards for the education, professional responsibility measures to adopt in order to address these problems. and competence of its members. In October 1993, the The Ombudsman and the Law Society are Ombudsman was given the authority to investigate currently discussing several other issues: complaints against such self-regulating professional Q delay on the part of the Complainants' Review governing bodies as the Law Society. Committee in completing its reviews of Many complaints are handled successfully by complaints; and the need to provide complainants society staff, through correspondence with the lawyer with a written explanation of the results of a review concerned whose response is relayed to the complainant. @ delays in completing Conduct Review reports The Security Programs Division is responsible for: If still not satisfied, the complainant has a right to request for the Discipline Committee 9 licensing and regulating individuals and security a review by the Complainants' Review Committee. @ the need for amendments to the rule that businesses and their employees under theprivate A complaint about, and showing evidence of permits a member to withhold from the Investigators and Security Agencies Act professional misconduct is forwarded to the society's complainant her or his response to the complaint O licensing and controlling firearms. Discipline Committee. The Competency Committee 9 the need for plain language in communications Under an agreement with the federal govern- deals with complaints about a lawyer's competence. with the public. ment the division approves and monitors instructors Many complaints to the Law Society fall within The Law Society has been responsive to our in firearms safety. The director of the division is also none of the above categories but concern service concerns and we hope that some of these outstanding the Chief Provincial Firearms Officer. quality, including such things as delay in completing issues will be resolved in 1995. If a licence issued under the Private Investigators a task, failing to return phone calls within a and Security Agencies Act is suspended, or if renewal is reasonable time, rudeness and overbilling. refused, the legislation provides for an appeal to the In the past, since such problems are neither B.C. Police Commission. In such cases, the professional misconduct nor incompetence, the Law Attorney General Team Ombudsman will, in accordance with Section 11 of the Society has taken no action on them. Instead, the Files Open Dec. 31, 1993 45 1 Ontb~lclsrrrunAct, refer a complainant to that right of complainant typically receives a letter stating only Files Received in 1994 2354 appeal. This occurred in the case of one complaint that the evidence does not suggest professional during 1994. misconduct or incompetence. Closed - No Investigation 331. The lack of acknowledgement of these problems The division has been very co-operative with the Closed - Investigation 1986 can be very frustrating for the complainant, who may Ombudsman concerning the small number of Internal Team File Transfers 487 complaints we dealt with during 1994. assume that the phrase "no professional misconduct" Page 8 Ombudsreport 1994

Follow-up Ombudsreport 1993 page 21 e Ombudsman has continued to meet recent years. We hope that the amendments will result quarterly with the Deputy Minister of Social in an improved policy. Services and her staff. We have reviewed We are gratified that the Ministry of Social Services issues arising from our files, discussed the relation- has recently incorporated administrative fairness into ship between our offices and assessed the progress of the core training for both new and experienced A woman pttrchased a replacement vehicle with commitments made by the ministry to improve the Financial Assistance workers. An approach worthy of insurance money she received from ICBC for the loss of service and information provided to the public. In the imitation! Other authorities have also asked the her previous vehicle. Her district office considered this spirit of co-operation that has developed between the Ombudsman to provide training for staff on the money unearned income, even though the GAIN two offices, the ministry invited us to comment on principles of administrative fairness. We try to Regulations appeared to exempt insurance money amendments to ministry policy on income assistance accommodate all of these requests because an ounce of received for the loss of a destroyed asset. As a result of appeal rights for individuals. Our comments and prevention is always our preference. It is exciting to see this decision, for tke month of December 1993, she was recommendations were based on an analysis of the how the principles come alive for staff when placed into eligible for hardship assistance only, her child tax cred- complaints received by the Ombudsman during the context of their authority's specific mandate. it was not considered exempt, and she was not eligible for the Christmas allowance. The Ombudsrnan success-

fully argued that the intent of the GAIN Reaulations" was to exempt this type of payment. The woman received her regular ckeque for December with all the

clear up the uncertainty about this section of the GAIN Regulations, the Ombudsman ow Your Rights asked the Assistant Deputy Minister of Tke Ombudsman made recomrrieridations to the Ministry of Social Services about kow to make sure Regulations. The Assistant Deputy Minister agreed clients are aware of appeal procedures regarding income with our Office that the GAIN Regulations clearly assistance benefits, and complaint procedures regarding exempt this type of payment. Rather than amending non-financial issues such as discourteow service. the GAIN Regulations, the ministry has amended the GAIN policy, instructing staff to exempt insurance Office of the Ombudsman has tried to monies paid as compensation for a destroyed asset. assist the Ministry of Social Services to achieve these fair results. The ministry has produced a pamphlet for its clients describing the internal "review" process, and including the names and phone numbers of the local ministry employees to contact with concerns. As part of ongoing efforts to ensure that clients are aware of their rights and options the Deputy Minister and the Ombudsman issued a joint letter to all front-line ministry staff involved in financial decisions. The letter reminds The Vancouver Office of the staff of their responsibility to advise income Ombudsman is moving to a new location. As assistance clients and applicants of their options of August 1995 the address will be: within the GAIN appeal systetn whenever a negative 2nd floor, 11 11 Melville Street, decision is made. It is too soon to measure the effect of this strategy for empowering ministry clients but we are optimistic. The ministry also carnmissioned a review of its appeal system and has put the resulting proposals to the government for decision. The Ministry of Social Services seems committed to strengthening the community's role in the tribunal system, to considering plans to provide training for tribunal appointees and to find ways to recognize and couple receiving Income Assistance com appreciate their service. plained to the Ombudsman that they were not being allowed to come to the Social Services Ministry offices. They believed that they were being discriminated against because they were black and because the husband had been diagnosed- as having AIDS. Our investigation revealed that their Financial Assistance worker and other staff were concerned that the wife was also ill with active and infectious tuberculosis. She had, on one occasion, appeared at 's not fair! - a common cry of children. be in a conflict of interest when serving on a tribunal. the ministry office wearing a mask, despite the ults facing any kind of judgment - of a Should the client, for example, be able to appoint an ministry's request that she not enter the office, and court, a review panel, a tribunal - are more ex-spouse or a person who could benefit from the against the advice of her physician. Whether or not inclined to accept the judgment, even a negative one, decision, such as a chiropractor if the appeal is about the husband was a potential carrier of TB was if the judging body is seen to be fair and impartial. additional payment for chiropractic service? Should unclear. There seems to be sotnething inherent in human the ministry be able to appoint people working for We asked that the couple provide evidence from beings that sniffs out unfairness and reacts against it. ministry contractors, ministry-designated volunteer their doctor as to whether either or both were The Regulations governing GAIN appeals counsellors or foster parents? The Ombudsman has infectious. The medical report confirmed that the attempt to ensure that a tribunal (review) panel is requested the ministry to study this issue and to wife was infectious and subject to quarantine, but that independent of the parties concerned. The develop policy, or perhaps revise the Regulations, to the husband, despite his AIDS, was not a TB carrier. Regulations restrict the Ministry of Social Services ensure that all members of tribunals are, and are seen The arrangements made with the ministry from appointing an "employee, officer or official" of to be impartial. In the meantime, the ministry has allowed the husband to go to the office when neces- the government or of any municipality or communi- agreed to permit a woman whose case raised this sary, subject to regular medical reconfirmation that ty resources board; the income assistance client n~ay issue to apply for service again. She may have a he remains TB free. This was a reasonable resolution not appoint a relative. second tribunal free from the appearance of bias, one because it considered both the applicants' need to be A number of people who do not fit these that looks more fair to both parties. respected and the public servants' right to work in a categories still may be perceived to have a bias or to safe environment. C, who was seven months pregnant, left turned atvay from the shelter, either because it was full er home in the B.C. interior to visit a or because she did not meet the residence's require- ~ddenlythe woman could barely breathe. Her bereaved friend in Vancouver. While ments. Because of an intervening- long.., weekend when mechanical breathing aid was useless as she there she fell ill. She contacted a Vancouver Social all the ministry offices were closed, she was without had run out of money to pay for the asthma Services Income Assistance ofice about her anticipated shelter and destitute during the next five days. medication to be inserted in the machine. She called late return home because she needed bus fare and was She called the Ombudsman on the fifth day. Our an ambulance and told the driver that she could not concerned that she would contact with the ministry renew her prescription until her husband was paid in miss pick Our concern was that this ~ractice resulted in her being three days. up her cheque. accepted at the women's She arrived home to would effectively allow the ministry to shelter. She requalified for After giving emergency medical assistance, the arbitrarily block any Or all appeals by ambulance driver called the Ministry of Social find that her Income Assistance bene- Services' 24-hour emergency number to report that husband had failed to bay closingfiles. Thereby rendering the fits on the seventh clay. the woman needed help to buy her medicine. The the rent and the landlord provisions of he~~t inoperrzble, The Ombudsman ques- emergency line staff said that they could not cover had rented her accomrno- tioned the Ministry of prescription costs for someone not on assistance. At dation to someone else. Social Services about the the suggestion of the ambulance driver, the woman When she went to the Income Assistance offke the legality of refusing this woman her right to appeal called the Ombudsman for help. next day to pick up her cheque, she was told her file under the GAINActand Regulations and of disallow- had been closed that morning, and she was denied ing reinstatement of her benefits based upon the .. . any family with high medical costs her cheque. When she asked for an appeal kit, she was closure of her file. Our concern was that this practice for such items as prescription drugs, sup- told that she did not qualify for an appeal and the would effectively allow the ministry to arbitrarily possible reinstatement of benefits since her file was block any or all appeals by closing files, thereby plies for a colostom~or needles for con- no longer open. She was told that she would have to rendering the appeal provisions of the Act ditions requiring injections such as dia- reapply in order to have her file reopened. The inoperable. We asked the ministry to consult legal betes, may be eligiblefor help from the District Supervisor, later supported by the Area counsel and obtain an opinion, based upon our Minis try of Social Services. Manager and the Regional Director, also rejected her investigation of the situation. appeal application on the same basis. The legal opinion upheld the appeal provisions The good news is that careful examination of the Ms. C was given an appointment for seven days under the GAINActand Regulations and stated that the family's income by local Social Services staff showed later to reapply for benefits. The ministry staff, mean- ministry had acted incorrectly in these circumstances by that the husband's wages were low enough to qualify while, referred her to a women's shelter but tnade no denying the woman her right to appeal and by failing to for ministry "top up" assistance, because of the arrangements with the shelter on her behalf. She was reinstate her benefits during the appeal period. family's high tnedical costs. The family will now receive ministry health benefits, including free prescriptions. I\/Iany people are not aware that any (Sample only) Not all major centres filmily with high tnedical costs for such items as The Omb~~clsman'sservices are for all British -- prescription drugs, supplies for a colostomy, or Columbians even though there are offices only in needles for conditions requiring injections such as Vancouver and Victoria. The Ombudsman can be 1000 diabetes, may be eligible for help from the iMinistry of contacted 24 hours a day, 365 days a year by toll free Social Services. If the medical costs equal or exceed number (answering machine evenings and week- 800 the amount by which family income exceeds the ends), by mail and by fax. The graph shows the income assistance amount, the ministry may help. To centres from which most complaints are received, 600 find out if one is eligible for help, a person should with a high of 1033 from Vancouver. In all, people in 400 apply for "medical only" assistance, and provide 340 centres in B.C. have forwarded complaints to the verification of the family's income and expenses. Ombudsman. Complaints have also been received 200 from more than twenty-five centres outside the province of B.C. about matters arising here. o

major fear many citizens have in our high- tLisclosures to consumers. These consumers were tech world is that everything about them is satisfied with the response of the bureau. in a data bank sotnewhere. Some have par- Credit Bureaus share information within a ticular fears and rnisconceptions about credit system lknown as the National Equifax Network. The bureaus. The Ombudsman occasionally receives network observes strict standards governing inquiries or complaints about information held in reporting of adverse information and p~~rgingof the files of credit bureaus across Canada. A credit credit reporting records. The credit bureau must bureau is simply a "clearing house" for credit history investigate and use its best efforts to confirm information. Credit grantors provide the bureau disputed negative information. Appeal of an action with information on how their credit customers pay taken by a credit bureau may be referred to: their bills. The bureau keeps an updated consumer The Registrar of Credit Reporting Agencies file. Credit grantors, with the pertnission of the con- 1019 Wharf Street sumer, or upon providing adequate notice to the Victoria, B.C. V8V 1x4 credit bureau, can obtain credit reports about pay- (6O4)387- 1747 back habits of prospective borrowers. A decision of the Registrar may be appealed to: The Credit Reporting Branch of the Ministry of The Comnlercial Appeals Commission Housing, Recreation and Consumer Services is 1304-865 I-Iornby Street responsible for the administration of the British Vancouver, B.C. V6Z 2H4 Columbia Credit Reporting Act, and the Credit (604)660-2987 Reporting Regulations, which legislate control of A consumer has a right to full disclosure of the credit reporting in this province. The Act provides for content and the source of any information on her or the appointment of the Registrar of Credit Reporting his file. The Registrar of Credit Reporting Agencies Agencies who ensures compliance with the statute. recognizes that all complainants consider their issues During 1993 the Registrar of Credit Reporting to be very serious. For that reason the Credit Agencies received fewer than 150 complaints that Reporting Branch insists that credit reporting agencies req~~iredinvestigation. In ten of these cases, the and creditors provide prompt and complete reports to Registrar ordered changes to the consumer record. In the consumer about adverse credit information. the satne year the Credit Bureau of Vancouver The system in place is to their credit. provided approximately 62,000 free credit file Follow-up Oinbuds report 1993 page 22 e Ombudsman receives very few especially since the introduction of freedom of complaints about provincial colleges and information and protection of privacy legislation. universities. Most of those we receive relate Another problem faced by both students and to student practicums. In courses such as nursing, instructors is that good practicum placements are not The government proposed to offer a central adrnis- teaching, social work and some of the technical and easy to find. A suitable alternate placement may not sion system for students applying to provincial colleges trade courses, students must successfully complete be readily available to a student who experiences dif- and universities. one or more work placements in order to graduate. ficulties in an original practicum. The college place- Generally the student ment officer may be fine points have yet to be settled, but the st-Secondary Association Service, or "private" (non-college/ experience or pkements, colleges and with shortcomings in a university) employer, placement if she or he PASS BC, has been created. PASS has begun universities may need to develop a new to develop common application forms with the post- under the supervision of fears that the employer secondary education institutions, so that by the fall of one of the - employer's kind of appeal structure to hear disputes .. . might totally withdraw 1996 students will be able to make just one staff who acts as the from the program. In application covering up to five institutions, with one agency supervisor. The supervisor evaluates the per- smaller communities placing students who already or two programs at each. For an expected basic fee of son's performance following the criteria of the col- have a poor reputation or profile in the industry or in $30, and $10 for each additional institution, the lege, often in consultation with the college practicum the community can be difficult. application will be available electronically to all the placement supervisor, to determine if the student In the cases the Ombudsman has reviewed so far, institutions of the student's choice. Each will will pass. we have found that college staff have seriously tried to communicate an offer or rejection to the student. We Although the system generally works well, there deal with these problems, and to ensure that every expect that students will be able to hold only one are some inherent problems. For example, a student student has a chance to succeed. As more programs offer, but may leave their other application(s) "in the who is given a failing grade can appeal through the include work experience or placements, colleges and ring" to see if a preferred offer comes through. college or university's grade appeal process, but the universities may need to develop a new kind of appeal This process should allow for faster service, employer and agency supervisor cannot be structure to hear disputes, making sure that both should resolve the concern of both institutions and compelled to participate in the process. The employer employer agencies and the licensing organizations are applicants about students "holding" several spots and may be reluctant or unwilling to release to the college represented. will dramatically reduce the paperwork and the cost or university records the student feels are relevant, of multiple applications.

dult jokes like "how long is a piece of his injury. By the time he received this letter, Ted was string?" can infuriate children because they back in school, picking up where he had left off. The A complaint to the Ombudsman about the don't understand the rules of the question. financial aid officer suggested he apply for a second University of Victoria has been resolved. The som- We often see similar factors at play in complaints. loan to repay the previous one. Ted thought it was plaint was that the university had failed to treat fairly Members of the public who don't know the context ridiculous that he borrow more money to repay the members of the Committee to Make the Department of a question sometimes don't give an answer con- first loan, and wrote the student loans officer a heated of Political Science More Supportive to Women, sidered adequate by the agency asking the question. letter in which he explained that he was completing ("Chilly Climate"). After an early attempt at mediation This non-communication can be costly for everyone the course for which he had been funded so shouldn't the university engaged University of Saskatchewan and can create all kinds of misperceptions about have to repay the loan and especially borrow more Professor Beth Bilson and former B.C. Supreme Court motives and facts, as the following case illustrates. money to do so. Judge Thomas Berger to review the issues. The univer- Ted applied for and received a student loan to sity committed itself in advance to implement the take a course lasting eight months. Part way through .. . non-communication can be costlyfor committee's recommendations, subject only to the he injured himself in the classroom, went to the everyone and can create all kinds of constraints of bylaws and budget. The BilsonIBerger hospital, had his hand stitched and missed several misperceptions about motives and facts .. . report contained ten recommendations, ranging from days of class. The college's rule for this intensive, more precise terms of reference for departmental com- full-day-all-day occupational training course was Ted called the Ombudsman. When we reviewed mittees examining climate issues, to the availability of that persons who missed more than five days of class Ted's complaint we had to walk everyone back to the appropriate resources, and guidance on the proper use had to drop out. Next time the course was offered beginning to find the failures and miscommunica- of complaint procedures. Two key recommendations, they could re-enter at the point where they had left. tions that had caused Ted to feel so angry about the which the university is currently implementing are: Ted did drop out. The college followed its government's program, and the student loan officer @ the appointment of a respected academic, responsibility to the province to report the "with- to insist that Ted fill in the proper forms in the right preferably a woman, from outside the drawal" of a student receiving loans. A student loan order. When that was done, we easily found a way to university to the position of Chair of the official wrote to Ted telling him he had to repay schedule a reassessment of Ted's loan and the Department of Political Science immediately all the loan applicable to the period after demand for immediate repayment. @ formulation of a code of professional ethics for faculty. Income Assistance - Top Key Words for Closed Files "We are optimistic that real and meaningful kt0ber kCeltlber 1994 (see page 4 for Use of Key Words) changes continue to take place at the university, which - will improve the environment for those who work and study there. As the university's implementation plan provides for the involvement of the university community, we trust that all those individuals most affected now and in 1993 will participate in the process:' said the Ombudsman, Dulcie McCallum.

Income e+ Community Supports Team" Files Open Dec. 3 1, 1993 338 Files Received in 1994 1436 Closed - No Investigation 228 Closed - Investigation 1336 Internal Team File Transfers 210 - * Ah of Jnnuxy 1995 known CIS Commun~ty,Adult Servlces md Etl~ut~onTe'm (CASE). Ombudsreport 1994 Page 11

Follow-up The forthcoming public report will evaluate the @ Child advocacy services provided in the public above policies and programs against the following sector must span all public agencies, services and mbudsreport 1993 principles: departments that serve children and youth. Pa@ 8 Children are entitled to be treated with dignity O Children's views must be actively sought and and respect. carefully considered when decisions are made Children deserve first priority in the consitlera- that affect them, intlividually or collectively. tion of the public good and in the allocation of 6 When serious disagreements exist among adult resources. care givers and service providers, children must Children are entitled to a clear statement of their have access to an independent advocate of their rights, and these rights, including those set out choice, the opportunity for a legal or administra- Ombdsrnan Public Report No. 22 called for an in the UN Convention on the Rights of the Qdd tive hearing, and have their views and integrated service approach fbr children and youth. In and the Canociian Charter of Rights and interests fairly represented and considered. 1995 we will, by way of a report, review the progress Freedoms should form the foundation for chil- The Ombudsman is encouraged by recent made to date. dren's services and child advocacy. changes that will positively impact children, youth Children's rights, like those of all people, are and families, notably the appointment of a Child, n the spirit of our longstanding commitment to inalienable; that means the rights are not given Youth and Family Advocate as an Officer of the an integrated approach to child and youth issues to children by benevolent adults as privileges, Legislature. New legislation in the Child, Youth and we will focus this "report card" on the following but are entitlements to them as people. Furnily Advocacy Act, and the Child, Family und areas: First Nations children deserve unique attention Corrrrnunity Service Act provides further protection and their views must be appropriately represented for some children and youth in care of the state. We when individual and collective decisions are being welcome these significant legislative changes as well made during and following the transition to as the efforts of both individuals and communities to aboriginal self-government. inclttde young people in decisions that affect thern. Children should be supported in developing self- No matter how brightly these beacons of light shine, advocacy skills in a manner consistent with their unfortunately we are all too often reminded that interests, abilities and cultural backgrounds. some children and youth continue to be treated as Natural advocates for children such as parents, marginalized citizens, alienated from their families and child care organizations should communities and from mainstream society. have recognized status, community support, adequate resources and access to information.

from children, youths and their needed to properly empower commu- youth required, but it was for families who question us about what nities and ensure effective local plan- arlults and tlze youth was only services are available, how they can ning and integration of services. eighteen. Everyone agreed that access them and why the services are The Ombudsman believes that this facility was suitable for the not integrated. They experience long children's services should be delivered yourtg man, and his father asked if waiting periods, and fragmentation or as close to home as possible However, we cotrlrl help to secure a place for overlapping of services. focusing all reform efforts on local him there. Currently steps are being taken to communities ignores the important While we were looking into the bring about regulatory or policy impact of provincial policy and siturition, the people closest to the reforms in child welfare, children's resource allocation. Too often, service problem took some action. Staff mental health, family justice, youth providers adopt an attitude of "us and frortt Maples, from the comrnuni- 13/] Integrittion of Services corrections and child care licensing. them," rather than one of true ty and regional tnental health However, these sectors are operating partnership between provincial and office, the licensing board, the in relative isolation from one another, local authorities. residential facility, youth proba- although they are interdependent in If local integrated planning ini- tion, the fatnily and the youth all their function and mandate - to serve tiatives are to succeed, "partnership" met to decide what to do. Integration children, youth and their families. between the provincial government @ The facility agreed to request an While laws or policies in themselves and the local communities must shift exemption from the licensing e Ombudsman's Public do not solve human problems, incon- from a loosely defined concept to a board to enable them to admit a Report No. 22 - Public sistent or inadequate legislative and clear, viable inter-ministerial policy person under nineteen. Services to Children, Youth policy planning can seriously affect with a fixed point of responsibility. @ The licensing board indicated and their Families in British Columbia: the quality of public services provided This shift must take place if we are to that they would view the request The Need for Integration was released to communities. establish "one-stop shopping," in favourably and promptly other words a means for cohesive Q The regional mental health ofice in November 1990. The report "partnership" between the outlined the need to develop strong .. inter-ministerial planning for chil- agreed to provide an additional inter-agency and inter-ministry provincial government and dren. Provincial leadership is an staff person to work with the service plans so that youngsters and the local communities must essential element of that process. youth, recognizing that he needed their families might experience child- shift from a loosely defined Our experiences continue to additional assistance to help him underscore the need for integration of with the transition to adulthood. focused and cohesive service delivery. concept to a clear, viable It also decried: services. The following case exemplifies 8 The probation oficer agreed to @ the lack of integrated service inter-ministerial policy with the positive impact an integrated supervise the youth's probation planning a faed point of responsibility. approach can have on a child and his while he was in the facility, and @ the fragmentation of services family. supported the overall plan. The Ombudsman acknowledges between ministries 9 The fatnily had access to the and applauds the efforts of the local A father came to the Ornbudsfnan @ the ongoing frustration many facility so they could maintain Community Youth Councils (CYCs). seeking help for his son. The boy, families, young people and ongoing contact with their son. Some communities and many individ- who had been diagnosed with a service providers experience The people closest to the situation uals have made positive strides to inte- mental illness, was charged with when they attempt to put did a superb job of accurately grate services for children, families and an oflence and placed on proba- together an integrated service assessing the needs of the youth, youth at the local level. Some commu- tion. Since his condition was not plan. identifying the obstacles to tneet- nities have developed CYCs where they irrzproving, he was sent to Maples Since the release of Report No. ing his needs, and co-operating previously did not exist, or they have Adolescent Treattnent Centre. 22, the Ombudsman has commented and consulting to find ways to worked to strengthen than and make The goal was to return him to his annually on the need for the integra- overcome the obstacles and to them more effective. The Ombudsman home corntntinity and farnily tion of services. After many years of activate the plan. The result was believes that CYCs are a useful forum once they had a plan for ongoing experimentation, inter-ministerial that the youth received the ser- for networking, especially now that support. But there were obstacles. and collaborative approaches have vices needed to resume his life in many have opened their membership to The family was dedicated to car- either not existed or have not been the community communities, and some to youth. ing for the youth but could not put in place effectively. Despite the However, she sees little hope of tneet his needs. A neighbouring This case is an excellent example of positive initiatives of the Child and Community Youth Councils alone community had a residential facil- what we mean by integration of services, Youth Secretariat, the Ombudsman achieving the fundamental reforms ity that provided etnployment and of how effective it can be. continues to receive many complaints training and all the services the Page 12 Ombudsreport 1 994

Under Nineteen lncome ~ssistahcc Corrections Branch The recommendations in the report highlight the pressing need for @ That the Corrections branch, in adequate qualified staff, enhanced close consultation with child programming and improved facilities. Young people should not have to welfare, children's mental health, Conditions in secure youth lthough people under nine fear for the safety of their person or youth forensic and educational custody centres appear to have teen are eligible for income their property while attending a authorities, develop an imple- deteriorated recently. We believe that assistance, they often find it provincially run or funded residential mentation plan to address the the concerns are so serious and so difficult and confusing to work youth program. recommendations in this report widespread within the youth through the application and assess- and that this implementation corrections system that immediate ment process and to convince statement is taken from plan be made available, upon action is required. Although there are ministry officials that they qualifi for Ombudsman's Public request, to interested communi- many committed, competent assistance. The Ombudsman will Report No. 34 - Building ties for their comment. professionals within the system who intervene in many situations and Respect: A Review of Youth Custody @ All residential programs and strive to provide an environment especially when: Centres in British Columbia, released services for youn,o people, consistent with the principles @ a youth has been denied the right in June 1994. The standard described regardless of the administering outlined in Building Respect, the to apply for income assistance has yet to be achieved for many of the authority, should be managed conditions in some facilities are so O someone is denied assistance youth in detention. in accordance with explicitly marginal, the programs so limited simply because the parent refuses The Ombudsman, in an open stated government principles as and the relationships between staff to give permission letter introducing Building Respect, stated in this report. Policies and youth so dysfunctional that the @ the decision to deny assistance is stated: and procedures should be problems seem almost insurmount- clearly based on irrelevant The Ofice of the Ombudsman established to ensure that able. Immediate implementation of grounds or considerations such as believes that youth facilities must residents arid staff are aware of the recommendations listed might the worker's own personal values be safe and caring. The aberrant these rights and principles. provide the groundwork for rectifying Q the young person's views have conduct of youtlz living in custody Q In order to be clear, govern- the problems. not been carefully considered centres cannot be used to relieve ment should develop legisla- 49 the child's situation has not been officials from the resporisibility of tion that outlines the rights of thoroughly assessed. providing a respectful environ- all children, particularly those We hope that the new Child, Family ment. Comprehensive change is who are receiving or should be and Comrnirnity Service Act will assist required, not band-aids. A N1 children and youth, regardless receiving services from those young people who currently fall complete overhaul of the way of their situation, have the right to government. into the gap between child welfare youth services are delivered must be valued and to be treated with @ The Ministry of the Attorney services and income assistance for be undertaken if youth in respect and dignity. General should act immediately adults. Under this new legislation the residential facilities, particularly All children and youth have the to separate youth from adult ministry may make a written agreement youth custody centres, are to live right to understand, to be heard, correctional services through with a youth who needs assistance and without the fear and threat of to be listened to and to have the establishment of a separate cannot be re-established in her or his violence. access to appropriate advocacy division with exclusive responsi- family, or has no parent or other person The report was based in part on services. bility for services delivered pur- willing to assist. The agreement may the work of a Task Force on Peer All children and youth have the suant to the Young Oflenders Act. provide for residential, educational and Abuse, established by the Office of the right to the benefit of the funda- To obtain copies of Building other services. However, since the Ombudsman in 1990 to "assist in the mental human rights provided in Respect: A Review of Youth ~ustod> decision as to whether or not a child can systemic review of peer abuse within the UN Convention on the Rights Centres in British Columbia, please be re-established in her or his family British Columbia's Youth Custody of the Child. call or write the Office of the rests with ministry staff, a thorough, Centres." The Ombudsman's Children All children and youth have the Ombudsman. open-minded, unbiased assessment that and Youth Team contributed their right to receive appropriate is sensitive to the child's views is still considerable experience and their programs from appropriately investigating abilities. The report's trained and properly motivated forty-one recommendations go staff. beyond the issue of youth safety. They All children and youth should deal with how positive change can have the opportunity to access take place in the lives of youth publicly funded services in their through the process of building home communities or as close to respect, recognizing that many of the their home as possible. youth concerned have experienced All children and youth have the In early 1995 the government family violence and abuse as children. right to receive culturally and responded to Ombudsman Public The principles outlined in the developmentally appropriate Report No. 34 - Building Respect: A report concern the physical, mental services. Review of Youth Custody Centres in and emotional well-being of youth British Columbia with an Inter who have been temporarily removed Ministry Implementation Plan. We from the community by the courts. look forward to reviewing and moni- toring their plan in the coming year.

Family and Child Services 1 for them by their social worker. find out what the system can offer and Many young people are They tell us that they do not know whether or not they are eligible for attempting to advocate for artnership how to protest nor how to have the services they seek. What looks like input into the plan. manipulation or aggression may themselves, but lack the sophis- 3. The most troubling complaints simply be their attempt to seek out for tication to be self-advocates in significant number of the are from young people who are themselves the help they feel they complaints received by the a polished manner. not able to obtain the services need. Ministry staff who work in , Ombudsman's Children and they are seeking. partnership with young people and The Family and Child Service Youth Team relate to the Family and Young people are often labelled respect their efforts to advocate, may Division has produced a video for all Child Service division of the Ministry manipulative by ministry staff when well find solutions that are mutually young people coming into the care of of Social Services. Three main areas of they express their positions in an acceptable. the ministry, to inform them of their complaint have emerged. assertive manner. Ombudsman staff As a result of the death of rights. The video, likely to be released 1. Families call the Ombudsman would like to suggest another way of Matthew Vaudreuil, the provincial early in 1995, also explains the role of because they do not understand viewing these so-called manipulative cabinet appointed Judge Thomas the Ombudsman in the lives of the process of apprehension of a youth. Gove to conduct an inquiry and make children in care. child. They often do not know Many young people are attempt- recommendations on the adequacy of Many of those working within what their rights are, nor how to ing to advocate for themselves, but services, policies and practices of the the division find time for youth and exercise them. lack the sophistication to be self- Ministry of Social Services, including have developed ways and means to 2. Young people call us when they do advocates in a polished manner. In the training and work load of their lister1 to them. Good examples should not agree with a plan developed their own way they are attempting to staff. He will issue his report in 1995. be celebrated. Correction many youth custody directors and teachers and other staff the their staff fear that they too could face Ombudsman soon became aware of disciplinary action for any incident how little information about appeal- involving a youth on temporary procedures was being made available. e problems in youth cor- absence. As a result, the use of pproximately six hllrldred Few students or their families know rections are not only serious, temporary absences as an important students from that the School Act gives them a they are chronic. In 1985 the rehabilitative tool has been virtually kindergarten to grade 12 statutory right to appeal, or that Ombudsman released Special Report eliminated. This action is inconsistent attend 1600 schools in 75 specific appeal procedures exist; many No. 13 - The Willingdon Case. This with the principles of the Young districts in B.C. ~h~ system includes have little faith that they will be given report and its thirty-five recornmen- Oflenders Act. As well, it confirms parents, teachers, support per- "air hearing; and they are afraid that, dations dealt with the problems Justice Prowse's concern about an sonnel, administrators, non-teaching if they complain, their problems encountered in British Columbia's overreaction to her report by correc- staff, locally elected and the could be made worse by retribution. largest youth custody facility. tions officials that could negatively Ministry of Education. Ombudsman staff encountered Four years later, in January 1989, affect the rehabilitation of youth. be legitimately con- rnany fine examples the Ombudsman released Public Notwithstanding the Judge's appre- fused and unsure of of school districts hension, the employees have a legiti- Report No. I7 - Willingdon Youth who is accountable making sure that Detentiorr Centre. This report was in mate reason to be concerned. for what. students and par- response to a number of incidents of The effect of eliminating tempo- The Ombuds- ents are aware of self-harm by youth within the centre. rary absences is twofold. The oppor- man has received appeal procedures, In the concluding comments the tunity to provide youth with a gradual approximately 500 and allaying any Ombudsman stated: reintegration into society through complaints from fears about the The vexing problettrs of self-harm, family, professional md community the public since her process. In some victimization, inrrdequate facili- contact has been lost, and youth jurisdiction over school districts staff ties, rrppropriute staff levels and custody centres are overcrowded. schools and school truitiirrg, clussificcrtion and segrega- Although the public perceives boards was pro- tion, and corrtuintnenl philosophy ciairned in Nov- require specific attention by the that violent crime among ember 1992. Con- Corrections Brunch. They will also youth has signifi'can tly sidering the size of be the subject of continuing review increased, there is no the system and the by this Ojjke. evidence that it has. number of people it The Prowse Commission of serves this does not Inquiry Report on the Transfer of In Buildirrg Respect the indicate a high level Daniel Michuel Perruult to the New Ombudsman stated that the youth of dissatisfaction. Haven Correctional Centre was court should retain responsibility for Schools must be released in July 1994. Although the deciding whether a young offender doing many things process and demon- report is not about conditions within should be placed in open or secure right. strates that fair youth custody facilities, the custody. We believe the same principle ~h~ we do receive, administrative practices in schools are Honourable Madam Justice Prowse, in should apply to the transfer of youths to however, are significant to those who possible and positive. commenting on rehabilitation, stated: the adult system. Our laws have given are aggrieved, and tend to fall into a Although many districts have It is clearly in society's interest to the courts the task of assessing risk to few broad categories: made progress, all participants in the have the Corrections system do its the community while considering the Q) lack of services to meet individ- need to work utmost to achieve the rehabilita- needs of the youth, and we believe that ual needs of students together to develop better dispute tion of young ofienders. This is so this is an appropriate role for the court. transportation resolution mechanisms, and to because it is only ifyoung offenders The role of corrections officials is to g exclusions, suspensions and educate everyone within the system are rehabilitated that society can be provide the court with the best infor- expulsions. about the principles of administrative protected from further antisocial mation available. The court is responsi- H~~ to resolve disputes within fairness. Resolving issues at the local behuviour upon their release. In ble for the final decision. When a young the school setting or to appeal school level is the best approach for all 1993 the Supreme Court of Canada offender's transfer to an adult facility is decisions considered unfair has been concerned. These resolutions require endorsed this viewpoint: authorized by the court, thereafter the the subject ofmany to thorough and unbiased investigation In the long run, society is best adult system is responsible for ensuring ~~b~d~~~~~from students and their of complaints by school administra- protected by the reformation that the community is protected by parents or advocates. a result of tors at the initial stages and fair rrnd rehabilitution of a young determining the level of security discussions with students, parents, of the facts. offender. In turn, the young required. Why the Prowse Commission offenders are best served when faults the director and staff at the Youth they are provided with the neces- Custody Centre for recommending the Special Education proclaims the belief sary guidance and assistance to transfer when the court had made the "that all students are unique, all enable thetn to learn the skills decision is unclear and regrettable. students are to be valued, and that all required to becotne filly integra- Although the public perceives that students can learn." Canada is also ted, usefill members of society. violent crime among youth has signatory to the UN Convention on the R. v. M. (1.I.), (1993) 20 C.R. significantly increased, there is no Rights of the Child, which recognizes (4th) 295 at 304 evidence that it has. Because of the the right of all children to an educa- "Wurehousinf offenders is noth- community's concern about crime in tion. The principles stated in the UN ing more than a short-term solu- general and violent offences in Convention and by the Ministry of tion to what is usually a long-term particular, there has been increased Education can serve as a mission problem. A three year custodial pressure on the justice system to "lock statement, setting a goal for all of us sentence in which the facilities per- up" more youths for longer periods of involved in educating children. tnit minimum opportunity for time. Since many of the youths in Adeline - India The Ombudsman has seen some flective rehabilitation will protect custody were abused and neglected as Supporting Inclusive encouraging examples of school the public horn that offender for children, and most have extraordinary Education districts working with advocacy three years, and no longer. It is only needs, they require exemplary groups to provide workshops and if efforts care made to rehabilitate programs run by highly trained and The Ombudsman is concerned training for both parents and offenders, particularly youthful skilled staff. Most often these programs that we have not achieved fair access educators to better support children ones, that there is any realistic hope are not available. Poor conditions and to equitable education opportunities in achieving learning goals. The next that they will not offend again. lack of effective programs in youth for all children. Parents of children important step is to educate children (Prowse Report, page 1 I). custody centres have a detrimental who need support services in order to and youth about their rights and how Some of the recommend~~t~ons effect not only on the youth who are succeed in school frequently report to secure advocacy support when they contdined in the Prowse Report have incarcerated, but on everyone involved that these services are either unavail- need it. qp'~rentlyhd significant, though in the system. The fundamental able or have been cut back because of The Ombudsman is in the final negdtlve effect. The director of the principles of healthy, positive relation- budget constraints. Many children stage of preparing a public report on Youth Custody Centre and some staff ships among people regardless of age and youth do not find our schools her experiences to date with schools were disciplined by the most senior and circumstances must be the para- welcoming or helpful in meeting their and school boards. Entitled Fair officials for the "errors in judgment" mount consideration. This goal has yet learning needs. The Ministry of Schools, this report will be tabled with identified by Justice Prowse. Now to be achieved in youth custody centres. Education's policy statement on the legislature early in 1995. Public Trustee Family and Child Services last

to be fed, clothed and nurtured 11 relation to children the Public a nternationa e Trustee has the responsibility: according excerpts from a speech given at Shawnigan Lake School, November 14, 1994 dards and to be given the same @ to protect their legal and finan- " quality of care as other children cial interests when both parents While the Ofice of the Ombudsnian cannot currently investigate complaints about in placement have died without naming a independent schools, I am ofien called upon to assist them informally or to address their @ to be informed about their plans guardian, or when the child students. becomes a permanent ward of of care @ to be consulted and to express their the Superintendent of Family communities such as ours that are made up of diverse interests, my Office views, according to their abilities, and Child Service can serve only to promote fairness, not necessarily achieve it. That job is up to about significant decisions 0 to audit private trustees and all of us. The task becomes increasingly important for your generation as the affecting them -. . investigate reports of financial profile of our communities, our cities and our country changes by the moment. We 0 to reasonable privacy and to abuse. see vigilante acts such as the tragic shooting of the physician in Vancouver last possession of their personal The Onlbudsman has previously week. This act is a striking example of the degree of intolerance some people have belongings reconmendetl that the Office of the for others whose opinion differs from theirs. One attitude that surfaces time and @ to be free from corporal punish- Public Trustee develop an active again from the 30,000 inquiries and complaints my Office processes each year is men t liaison with the Ministry of Social intolerance. Your mission as the Now Generation is to promote and "live" fairness @ to be informed of the standard of Services on behalf of permanent for all. This event yo11 celebrate today, "The International Week at Shawnigan Lake behaviour expected by their care wards. Communication between these School," embodies what that truly nieans. Four concepts come to my mind: givers and of the consequences of offices still appears to be lacking. The Celebrating Differences not meeting their care givers' Family and Child Service Act requires It is not enough merely to show tolerance of religious, racial, national or expectations that the Ministry of Social Services ethnic differences; colour, gender or disability; we must actually rejoice in @ to receive medical and dental care notify the Public Trustee of a perma- . . what distin~uishesone from the other. when required V nent custody order. The trustee then Striving for Inclusion to participate in social and recre- takes over the guardianship of the @ We as a world must redesign our systems and processes so that everyone's ational activities if available and estate of the child. Recently we learned needs are accomn~odatedand everyone is "in"! appropriate and according to that this does not always happen. In Promoting Respect and Dignity their abilities and interests order to protect the legal rights and We must understand what our values and principles are that cross all bound- @ to receive the religious instruc- financial interests of children who aries, be they geographic, religious, racial or other, and put these principles tion and to participate in the reli- become permanent wards, the Public into action in our daily lives. gious activities of their choice Trustee must receive notice and be Distinguishing between Opinion and Judgment @ to receive guidance and encour- kept informed of custody orders, and An Ombudsman's role is to ensure that the principles of fairness are respected. agement to maintain their cultural of the legal and financial status of the One of the primary principles is the right to be heard. The Ombudsman is heritage children concerned. required to hear and consider people's opinions, wishes and desires and not to @ to be provided with an inter- Furthermore, the Ombudsman is judge them based on my opinion or what I consider to be "right." preter if language or disability is a concerned that the administration of This school provides you with the opportunity to develop a sense of barrier to consulting with them children's funds by private trustees is service, of understanding and of celebration of those things that define our lives and on decisions affecting their cus- rarely monitored. The Estate distinguish us from one another. This International Week gives you the opportunity tody or care Administration Act requires that the to understand what is of value to others, to learn how in a non-judgmental and open 8) to privacy during discussions Public Trustee be notified when estate way yo11 can celebrate the differences of other nationalities and other people, and with members of their families, funds are set up for children. what you can do to improve their lives and your own. Yo11 are fortunate to have this subject to subsection (2) Although an open file in the child's opportunity and I am honoured to have been asked to participate. name is often held by the Public @ to privacy during discussions Trustee, the Services to Children with a lawyer, the Child, Youth division, unlike Public Trustee and Family Advocate, the Services to Adults, does not have staff Ombudsman, a ~nemberof the Legislative Assembly or a niem- available to nionitor these funds on ,I During 1994 I toured the regular basis. Unfortunately, when ber of Parliament province to meet with there is an allegation or evidence of @ to be informed about and to be financial abuse by a private trustee, assisted in contacting the Child, children and youth. We discussed problems the responsibility may fall on thc Youth and Family Advocate guardian of the child to take legai CB to be informed of their rights they experience accessing public services. A special action. Regular monitoring of funds under this Act and the procedures and appropriate action by the Public available for enforcing their note of appreciation to Trustee in cases of abuse are necessary rights. representatives of the Youth arid from Care Network to protect the financial interests of Taken from section 70 of the Child, o helped organize the child beneficiaries. Family and Corrrmunity Service Act, 1994.

be congratulated for their work and dedication. Q Efforts by community groups to establish @ In 1990 the Ombudsman recommended that a Children's Advocacy have resulted in the dvocacy in Action provincial office of advocacy for children and Children's Advocate for the City of Victoria. The youth be established. Since that time, the Office position has been filled by a colleague of the Ombudsman saw some encouraging of the Ombudsman has pressed for action. In previously established Children's Advocate in the area of advocacy for children and 1994 the legislature passed the Child, Youth and the City of Vancouver. In addition, we have been Family Advocacy Act, and proclaimed section 3, informed of local initiatives on Vancouver Island O First, we acknowledge all those front-line which will establish an independent Officer of to ensure advocacy for children in the public service providers who take risks within their own the Legislature for children and youth. school system. organizations to advocate on behalf of the 8 The Assistant Deputy Minister of Regional children they serve. Long may you prosper! Operations in the Ministry of Social Services Children ei. Youth Team 0 We wish to acknowledge the support by the sent a letter to all ministry staff illforming them Ministry of Social Services to the Youth in Care that they were expected to act as advocates for Files Open Dec. 31, 1993 1075 Network, a voice for young people who have their clients. The nod to incorporate advocacy in Files Received in 1994 1216 their work was supported by the fact that been recipients of services provided by the Closed - No Investigation 348 ministry. The network will celebrdte its second individuals, both staff and clients, are protected anniversary in early 1995 at a conference in against retribution for any action taken to Closed - Investigation 1118 Kamloops. All the young leaders involved should support a complaint to the Ombudsman. Internal Team File Transfers 825 Qnlbudsrepo rt 1 994 Page 1 5

conference co-sponsored by the Ombudsman's Office and the University of Victoria

mg people came from all across Canada; they came from India, Rumania, Kenya, 1 llad to rethink everythin@ renada, Zambia, Bangladesh, and twenty-four or so other countries, a total of 200 youth. Adults came frorn all over the world, 600-strong. They came for one thought 1 knew about children purpose - to understand and to breathe life into the UN Corwerltion on the Rights of the Child. and families. 1felt that I lived in Canada and B.C. signed the Convention in 1991, but many of its terms have yet to become denial of the of the way part of policies and practices. The conference was unique in its involvement of youth at every stage, and a model for otherpeople live, particularly planning a conference on youth issues. Two young people co-chaired what would become the youth, both in Canada and the first conference on the Rights of the Child org~nkreclfor youth by youth. An eighteen the rest ofthe world. member Youth Steering Committee included high school student council members, street youth, youth in care, youth in the perform- ing arts, gay youth, aboriginal youth and international youth from Pearson College. Probably the biggest issuefor They ranged in age from 14 to 26. The two-day youth conference pre- of theyouth"tvasfindinga ceded the main conference. The Carudian voice and beirig "heard" by the International Development Agency anti experts theprofessiona~s, many other national and provincial organizations sponsored youth from developing countries to attend. International youth delegates were chosen from existing organizations, in the hope that they would be part of natural networks in order to continue work on their return home. The atlults who joined the youth delegates for the final four clays included professionals frorn Canada antl around the world in the fields of education, health, recreation and social services, as well as senior representatives from federal antl provincial governments. The conference program reflected eight major "streams," themes addressed by the UN Converrtion: Education; Play and Recreation; Child Care and Development; Children in Situations of Emergency; Supporting Families, Children and Youth with Disabilities; Legal - , -* - - System: Programs and Policies to Support Children and Families; Respecting Cultural Broken dreams Heritage; Basic Health and Welfare. [wcan soar high like birds Heartache and desire And cnn shine bright as stars. r Your hopes Your dreams The youth you can inspire We (street youth, youth in Anger at the past Of use and abuse care, yourig offenders) have The rebuilding can start struggled and struggled for With just a whisper to a roar With vision of the eagle acceptmce, rarely with Grandmother Moon guides us success. At the corgerence The Creator's hand is near Our time had come youth from around the world The sleeping giant awakens not only accepted us, but loved Voices speaking of untold stories Rise up and be counted us, and at times admired us for Our time is here the resiliency we had shown in Unity is the aim survivirig our circumstances. The truth we hold dear. Wrltten by Frarikllri tleriry Doss, a youth delegate on the ~ldnnmgconinuttee to whose memory an hour-long- hocum&ry on the conference was &dicated. at .. .on Resiliency being burdened with drug addiction, alco- ..*Qll"Best Ilnteresh" of holism or emotiord problems in the family. What characteristics make it possible The accumulation of these factors can over- In our cotnrnrrnity the rights for our the Child for some children to overcome great odds whelm a child, without a parallel accumulation children were given to us by our parents, by Deciding what is "best" for a child anci aciversities without losing the song in of opportunity factors. The social toxicity of ourgr(mlpnretrts, by our uncles and annties, requires answering fur~damentalquestions their hearts? the environment demands that parents be by our nephews and nieces and cousins; and about what is important in life. 0 an "easy" temperament and an ability more effective in rearing their children Dyotrr brotltersarirlsisters, by otrrchiefartd by Some of the youth delegates understand to actively recruit competent adult care to be steady our etwironment. Now these rights are being that parents have obligations to the child, but givers and brave given to trsjiottl the United Nations. I think question what rights they have over the child. 0 an ability to ask for help when needed and responsible that responsibility for ernpowern~entshonld The reality for a lot of children is that parents 0 a strong belief that they can control and more resilient than ever before. cotne back to oourselves. have the right at any time to check out of that their fates by their own actions Plense strpport us in allowing us to make child's Life. 0 at least one person in their lives who ...on Families decisions for our children, our families, our Despite all of these limitations and accepts them uncontlitionally. Despite all the bad publicity the family con~munities, our environment, and ow problems, the best interests of the child can ...on a Socially 'Ibxic has received in the recent past, families are still country. be one useful guiding principle. It reminds central to who we are as individuals, to our Howard Reti, Director of the Ngatiwai society, families and judges to make deci- Environment communities and, for most of us, our very Wananga Raorao Foundation of Aotearoa sions on an individualized basis ...in order The social world in which children live survival anci well-being. (New Zealand) to promote a particular child's welfare. has become poisonous to their development. If we are to create stronger children, we When, on the other hand, it is used to decide The most vulnerable children identified the must dedicate ourselves to creating stronger for a child or youth without their input and major environmental risk factors: being poor, families. involvement, it is less than helpful. being a victim of racism, having a single parent, Other Outcomes The Legacy 0 An animated video on Racism was International Summer Institute on early 0 Edmonton Parks and Recreation is produced at the youth conference by six childhood education arid child care policry. co-ordinating The Bombay Project, a plan The most significant out- youth, directed by Clifford Cohen of 0 The Society for Children and Youth in to link children in Edmonton and Bombay come of the event was that two AninlAction Inc. 'Y continue to screen thb B.C. is undertaking a two-year project to via the Internet, using computer play as a film internationally AS I feel this kind of promote awareness of the UN basis for cdtural exchange. hundred young people left rnessrrge holds a grerrt iniportnnce and Conventionin B.C. AU those who attended will receive an Victoria with new awareness, regnrd it as u fine piece of educational 0 The Committee for Racial Justice in B.C. hour-long documentary video on the confer- and new confidence in their rnnterinl and n worthy resource." published Wights of the Child," based on ence, a book highlighting conference events, a 0 UVic's School of Child and Youth Care has the ON Convention. copy of As if Children Matter: Perspectives on continuing efforts to realize organized a meeting on "resilience" and UNICEF and the Centre for the Children, Rights and Disability, published by the Rights of the Child. "empowerment" as they relate to policies Advancement of Community Based The Roehrer Institute and a CD Ron1 on the and programs to support youth in difficult Rehabilitation are including chapters by conference and the Rights of the Child. & - -- , circumstances and, in partnership with conference participants in book about UNICEF, a "Training the Trainers" children in situations of conflict and widare. Page 16 Ombudsreport 1994 Ombudsreport 1994 Page 17

Sir William MacDonald Elementary Thetis lsland lmprovement District Village of Slocan 100 Mile House Dist Gen IIosp Bench Elementary Castlegar District Gen Hospital College of Dental Hygienists District ofColdstream Evelyn Dickson Elen~entary Greystoke Im r District John Mclnnis Jr Secondary Lochdale Community Montecito Elementary Old Yale Road Elementary Queen Victoria Hospital School District #03 (Kimberly) Bennett Bay Waterworks District Castlegar Primary College of Dental Surgeons District of Delta Evergreen Elementary Grief Point ~Ementary John Muir Elementary Lochside Elementary blonteray Elem (N. Vancouver) Oliver Elementary Queens Park Elementary School District UO4 (Windermere) Sir Winston Churchill Secondary Thomas Haney Centre Village of Tahsis 100 Mile llouse Elementary Sir Wm Van Horne Elementary Thomas Kidd Elementary Village of Telkwa 100 Mile House Jr Secondary Berkshire Park Elenientary Cataline Elementary College of Massage Therapists District of Elkford Evergreen lmprovement District Grindrod Elementary lohn Norquay Elementary Logan Lake Elementary Monterey Elementary (Victoria) Oliver Fire Protection District Queensbury Elementary School District #07 (Nelson) Caulfield Elementary College of Midwives District of Esquimalt Extension Elementary Grosvenor Rd Elementary lohn Oliver Secondary Logan Lake Elem-Secondary Montgomery Elementary One & One Quarter Mile Creek QuesnelQuick Elementary Secondary School District t09 (Castlegar) Sitkum Creek lmpr District Thompson Valley Reg Health Brd Village of Ucluelet 150 hlile Elementar Bernard Ekmentdry Skaha Estates lmpr District Thom son Nicola Re ional District Village of Valemount 5 Ares Alternate ~cgool Bert Ambrose School Cawston lrrigation District College of New Caledonia District of Fort St. James F G Leary Elenientary Guildford Learning Centre lohn Peterson Jr Secondary Loggin Ditch lmpr District MontgomeryMontrose Elementary Jr Secondary Waterwkc Dist School District #I0 (Arrow Lakes) Bert Bowes 11 Secondary Cawston Primary College of Opticians District of Highlands F W Howa Elementary Guildford Park Secondary lohn Robson Elementary ~onsddieElernentary Ootischenia Improvement Dist Qui ley Elementary School District #ll (Trail) Skaha House Rehab ~horniillElem (~a~k~idge) Village of Warfield 70 Mile Elementary Skeena Jr Secondary Thornhill Elementary (Terrace) Village of Zeballos A.B. Greenwell Elementary Bert Edwards Elementary Cayoosh Elenlentdry College of Pharmacists District of Hope Fairburn Erementary Gulf Islands School lohn Stubbs Memorid1 Lord Baden-Powell Elementary Montroyal Elementary Open Learning Agency UI chena Elem (Richmond) School District #I2 (Grand Forks) Cedar Drive Elementary College of Physical Therapists District of Houston Fa~rvievElem (hlaple Ridge) H D Stalford Secondary john T Errington Elementary Lord Beaconsfield Elementary Moody Elementary Options-Alternative Prog (Victoria) 0Quilchena .f Elem (Vancouver) School District #I3 (Kettle Valley) Skeend-Queen Charlotte Reg Dist Thornhill Jr Secondary Village Park Elementary A.D. Rundle Elem-11 Secondary Betty Gilbert EkIIleIItdry Sliammon School Thornhill Prin~ary Village Point lmpr District A.E. Perry Elementary Betty Huff Elementary Cedar Elernentary College of Physicians & Surgeons District of Hudson's Hope Fairview Elem (Nandinlo) H T Thrft Elementary John Tod Elementary Lord Byng Elementary Moody Jr Secondary OsbornOrde Creek Elem-Jr Improvement Secondary District Quinson Elementary School District #I4 (S.0kanag.m) Cedar Grove Elenientary College of Psychologists District of lnvermere Fdirview Hts Irrigation District Hagensborg Wdterwks District lohnston Hei hts Secondary Lord Byn$ Secondary Morfee Elementary R.C. MacDonald Elementary School District #I5 (Penticton) Slocdn Community Hospital Thunderbird Elementary Villetta Sorrento lmpr District A.H.P. blatthew Elementary Big Bar Elenientary Slocdn Park hpr Dist Thuq'hlin School Vinsulla Irrigation District A.1. Elliot Elementdry Big Creek Elementary Cedar Hill 11 Secondary College of Teachers District of Kent. Falkland Elementary Hairdressers' Association lourney Midie School Lord Kelvm Elementary Morley Elementary Osoyoos Elementary R.C. Palmer Jr Secondary School District #I6 (Keremeos) Cedar Hills Elenientary College Park Elenlentdry D~strictof Kitin~at Fake Bay Elem-Jr Secondary Haldane Elementary Juan De Fuca Alternate Program Lord Kitchener Elementary Moxrop Jr Secondary Osoyoos lrrigation District R.L. Angus Elenientary School District dl7 (Princeton) Snithers Secondary Tie Lake lmpr District Viscount Alexander Elementary A.L. Fortune Secondary Big Eddy Elementary Snowdon Elementary Tillicum Elementary (Victoria) Voyageur Elementary AS. Matheson Elenientary Big Eddy Waterworks District Cedar Jr Secondary Collettville Elernentary District of Lake Country False Creek Elenientary Haldi Road Elementary Juniper Ridge Elementary Lord Nelson Elementary Mount Baker Secondary Osoyoos Rural Fire Prot District R.hl. Grauer Elementary School District #I8 (Golden) Big Lake Elementary Cedar Lane Waterworks District Colquitz Jr Secondary District of Langford Fanny Bay Waterworks District Halfn~oonBay Elementary Justice lnstitute of B.C. Lord Roberts Annex hlount Begbie Elementary Osoyoos Secondary R.C. Talmey Elementary School District #I9 (Revelstoke) Society of Notaries Public Tillicum Elementary (Vancouver) Voykm lmprovement District A.W. Neill Elem-Jr Secondary School District #21 (Armstrong- SOCCS School (Penticton) Toad River School W.D. Ferris Elementary A.I. Collinson Elernentary Birchland Elementary Cedarbrook Elenlentdry Colun~biaElenlentary District of Langley Fauquier Elementary tlalls Prairie Elementary K.B. Woodward Elementary Lord Roberts Elementary MI Belcher Improvement District Osprey Lake Waterworks District R.W. Large Memorial Hospital Bird Creek Im rovement District Cedars of Tuam Wterwks District Columbia Park Elementary District of Logan Lake Ferndale Elementary Hamilton Elementary K L O Secondary Lord Selkirk Annex Mount Benson Elementary Otter Elementdry Radium Elementary S allumcheen) Sointula Waterwks Dist Tofino General Hospital WE. Kinvig Elementary Abbotsford Elementary Son~enosElementary Tomekichi Hommd Elementary W.J. Mouat Secondary Abbotsford Jr Secondary Black Creek Ehentary Centennial Park Elementary Columbia Valley Elementary District of Mackenzie Fernie District Hospital Hammond Bay Elementary Kakawis Family Development Lord Selkirk Elementary Mount Boucherie Secondary Otter Lake Waterworks District Raft River Elenlentdry Sclool District #22 (Vernon) Colombia-Shuswap Reg District District of Maple Ridge Fernie Secondary Hammond Elementary Kalamalka Jr Secondary Lord Strathcond Elementary Mount Brenton Elementary Owikeeno Elementary Rainbow Ridge Prp School District #23 (C. Okana an) Sooke Elementary Tomsett Elementary W.L. McLeod Elementary Abbotsford Senior Secondary Black bfountain Elementary Centennial Sr Secondary W.L. Seaton Secondary Black hl~ulltdilllrrigation Dist Central Coast Regiondl District Columeetza Senior Secondary Distr~ctof Metchosin Fernwood School Ham ton Elementary Kaleden Elementary Lord Tennyson School Mount Crescent Elementary Oyama Elementary Ralph Bell Elenlentdry School District #24 (&amloop$ Sooke Fire Protection District Topham Elementdry Aberdeen Eleni (Kamloo s) School District #26 (N.Thompson) Sorrento Elementary 'Topley Elementary WE. Graham Elem-Secondary Aberdeen Elem (Abbotslrd) Black Pines lmprovement Dist Central Elem (Campbell R.) Colwood Elementary District of Mission Field Elementary tlaniworth Secondary Kaleden Irrigation District Lord Tweedsmuir Elementary Mount Dou Ids Sr Secondary Oyama Fire Protection District Ranch Park Elementary Central Elem (Coquitlam) Conln~issionon llesources & Env District of New Hazelton Fleetwood Elementary Hankey Waterwks District Kamloops Conm Learning Ctr Lord Tweedsmuir Secondary Mount Elizateth Secondary OysterOyama RiverIrrigation Elementary District Ranchero Elementary School Dist #27 (Cariboo-Chicotin) Sorrento Waterwks District Torquay Elementary Wace Creek lmpr District Adam Robertson Elementary Bldckburn Elementary School District #28 (Quesnel) South Broadview Elementary Town of Comox Walnut Grove Secondary Admiral Seymour Elementary Bldckburn Jr Secondary Central Eleme~ltary(Nelson) Corno Lake 11 Secondary District of North Cowichan Fletcher Creek lmpr Distr~ct Hans Hel esen Elementary Kandoops Senior Secondary Lotbiniere Special School Mount Pdrke Estates Impr. District Kay She herd Elementary Central Frdser Valley Regl District Comox Elementary District of North Saanich Florence Lake lmpr District Happy ~afleyElementary Kanata Elementary Lower Nicola Waterwks District Mount Plearant Elementary Pacific Marine Training lnstitute Ray Wat!ins Elementary School Dist #29 (Lillooet) South Canoe Elernentary Town of Creston Walnut Park Elementary Agassiz Elem-Secondary Blacklock Elementary School Dist #30 (South Cariboo) South Canyon Impr District Town of Fort Nelson Walnut Road Elementdry Agnes L. blathers Elem-11 Sec Blackwater Creek Elementary C.lnterior Reg Correspondence Cornox Fire Protection District District of North Vancouver Florence Nightingale Ehentdry Happyvale Elementary Kathleen hkNeely Elementary Lower Nipit lmpr District Mount Prevost Middle Pacific National Exhibition Rayleigh Elementary Cornox-Strdthcona Reg District District of Oak Bay Foothills Elementary Harbour View Elementary Kay Bingham Elementary Lower Post Denetia Elementary Mount Saint Jose h Hospital Palsson Elementary Rayleigh Waterworks District School District #31 (Merritt) South Carvolth Elementary Town of Gibsons Walter Lee Elementary Airport Eklnelltdry Blanshard Elementary Central 11 Secondary Town of Golden Walter hloberly Annex Blarchmont Elementary Central Kootenay Regional District Confederation Pdrk Elenlentdry District of Peachland Forensic Psychiatric lnstitute Hdrbour View lmpr District Keating Elernentary Lucerne Elementary-Secondary Mount Sentinel Eyem-secondary Panorama Heights Elementary Raymer Elen~entary School District 1132 (Hope) South Creston Elementary Alberni District Secondary Razor Point Impr District School District 1133 (Chilliwack) South Delta Secondary Town of Ladysmith Walter hloberly Elementary Alberni Elementary Blewett Elementary Central Middle Elem-Jr Secondary Connaught Hei hts Elementary District of Pitt Meadows Forest Grove Elern (Bumby) Hrrewood Elementary Ke~thLynn Jr Secondary Lund Elementary MountMountain Waddington Elementary Reg District Panorama Park Elementary Conrad Street ~fementary District of Port Edward Forest Grove Elem (Cariboo- Harold Bishop Elementary Kelly Creek Community Lund Waterwks District ParkcrestPark Avenue Elem Elementary (Burnaby) Re-Entry Program (Richn~ond) School District #34 (Abbotsford) South Fort George Elementary Town of Oliver Walton Elementary Alberni-Clayoquot Reg District Blue lay Elementary Central Okandgan Reg District Warehouse Spec School (Victoria) Blue Mountain Elementary Central Primary (C. Okanagan) Continuing Ed SD 03 District of Port Hardy Chilcotin) Hmison Bay lmpr District Kelly Ldke Elem-11 SKoflddry Lyndhurst Elementary Mountain Fire Protection District Real Estate Council School District $35 (Langley) S. Frdser Valley Reg tledlth Board Town of Osoyoos Albert McMahon Elementary School District $36 (Surrey) South Harelton Elementary Town of Port blcneill Wasa Elementary Albion Dyking District Blue River Elementary Central Surrey Drainage District Continuing Ed SD 07 District of Powell River Forest Park Elementary Harrison Hot S rings Elementary Kelly Road School Lynn Valley Elernentary Mountain Meadows Elementary Parkcrest Elem (Kamloops) Reclamation Dyking District Continuing Ed SD 11 District of Saanich Forest Renewal B.C. Harry Hooge ~Ementary Kelowna General Hospital Lynnmour Community Mountain Secondary Parkdale lmprovement District Red Bluff Elementary School District #37 (Delta) S. Hazeltoo Waterworks District Town of Princeton Wasa Lake Land lmpr District Albion Elementary Blue River Improvement District C. Van. lsl. Reg. Health Board Waterloo Elementary Centre Creek Containment Continuing Ed SD 14 District of Salmon Amm Fort Frdser Elementary Harry Sa ers Elementary Kelowna Secondary Lytton Elementary bltn View Elem (Revelstoke) Parkhill Elementary Red Rock Elementary School District d38 (Richmond) S.lsland Reg Correspondence Town of Qualicum Beach Aldergrove Elementary Blue Water Park lmpr District School District 139 (Vancouver) South Kelownd Elementary Town of Sidney Watson Elementary Aldergrove Secondary Blueberry Creek Elemenlary Certified Gen Accountants Assn Continuing EdSD 21 District of Sechelt Fort Geor e Central Elementary Hart ~ighdsElementary Kemp Ldke h'dterwks D~strict M B Sanford Elementary Mtn View Elem (Coquidam) Parkland Elem (Coquitldm) Redfish Elementary Continuing Ed SD 24 District of Sicamous Fort LanJy Elen~entary Hart Highway Elementary Kengard (Alternate) School M V Beattie Elementary bltn View Elem (Nanaimo) Parkland Elem (Peace River) Redford Elementary School District 840 (New Wstmimter) South Lake Erroch lmpr District Town of Smithers Waverley Elementary Alderson Elementary Blueberry Creek Irrigation District Certified Mgmt Accountants Soc Town of View Royal WebberVv'ebsters RoadCorner Elementary Elementary Bluerid e Elementary Chadsey Elementary Continuing Ed SD 29 District of Spallumcheen Fort Nelson General Hospital tiartley Bay Elem-Jr Secondary Kennedy Trail Elementary Macaulay Elementary Mtn View Elem (Pr.George) Parkland Elen~Jr Secondary(Quesnel) Reg Hearing Impaired Elen~(Langley) School District #41 (Burnaby) South Meridian Elementary Alert Ba Elementary Reg Hearing Impaired Prog (Burnaby) School District #I2 (Maple Rid e) South Nelson Elementar Traders Cove Watenvorks District ~lexdenSC~OOI Blundei Elementary Chaffey-Burke Elementary Continuing Ed SD 34 District of Sparwood Fort Nelson Secondary Harwin Elementary Kensin ton Prairie Elementary MatDonaldMacKenzie District Elementary Hospital Ivltn View Elem (C. Okdnagan) Continuing Ed SD 36 District of Squamish Fort Nelson-Liard Reg Distrlct tldrwood Elementary Kent Ekmentary Mtn View Waterworks District Parkland Secondary Registered Nurses Association School District #43 (Coquitlamj South Okanagan Genera!Hospital Trafalgar Elem-lunior Secondary Wellington Secondary Alex Hope Elementary Brd of Dental Tech & Denturists Chdlmers Elementary Trafalgar School Wells Barkerville Elementary Board of Naturopathic Physicians Champlain Heights Annex Continuing Ed SD 37 District of Stewart Fort Rupert Elementary Hastings Elementary Keremeos Irrigation District HacKenzie Elementary Mountainview Elen~entary Pdrkside Centennial Ehentdry Reg Psychiatric Nurses Assoc. School District #44 (N. Vancouver) S.Okandgan hlission lnipr District Alexander Elem (Abbotsford) RenfrewResidential Elementary Attendance Prog School District #45 (W.Vancou\.er) S.Okanagan-Similkameen Hlth Brd Trail Central Elementary Wells lmprovement District Alexander Elem (Cowichan) Brd of Re 'n for Social Workers Cham lain Heights Elementary Continuing Ed SD 38 District of Summerland Fort St James Secondary Hastings Jr Secondary Kerrisdale Annex MacKenzie Secondary Mountview Elementary Parkside Elementary Continuing Ed SD 39 District of Taylor Fort St. John General Hospital Hatzic Ehentdry Kerrisdale Elementary Maclean Elementary blouse Mountain Elementary Parksview Elementary School District #46 (Sunshine Cst) South Park Elementary (Delta) TrailTran Reuiie iond Valley tlos EEmentary itdl West Bay Elementary Alexander Elem (Kitimdt) Bonaccor! Elementarv Chanler Park Middle School West Bench Elementary Chantrell Elementary Continuing Ed SD 40 District of Tofino Francols Ldke Elementary flatzic Secondary Kersley Elen~entary Madeira Park Elementary Moyie lmpr District Parksville Elem-Jr Secondary (Bulkley Valley) School District #47 (Powell River) South Park Elementary (Victoria) Alexander Kil our Elementdry Revelstoke Secondary School District #48 (Howe Sound) South Peace Elementary ~remhayElementary West Bench lrrigation District Alexander PaiElementary Chapman Camp Elementary Continuing Ed SD 41 District of Tumbler Ridge Frdnk Hobbs Elementary IIaathorne Elementary Kettle Valley Elementary Magee Secondary blthlt KlitsaLehman Elem-Jr Elementary Secondary Parksville Elementary Continuing Ed SD 42 District of Vanderhoof Frdnk tlurt Secondary Hazel Trembath Elementary Khowhemun Elementary hla~llardJr Secondary Parkway Annex Reynolds Secondary School District #49 (Central Coast) South Peace Secondary Trethewey-Edge Dyking District Wst Coast General Hospital Alexander Robinson Elenlentdry Bouchie Lake Elementary Charles Bloom Secondary S.Pender Harbour Wdtersks District Trincomali lmprovement District West Fernie Waterworks District Boulder Bay Containment Centre Charles Dickens Annex Continuing Ed SD 43 District of West Vancouver Frank J Mitchell Elementary Hazelton Secondary Kidston Elementary Maldkwa Elementary Mud Bay Dyking District Parkway Elementary Rich Bar Elementary School District #50 (Queen Charlotte) Alexis Creek Elem-Jr Secondary Pauline Hadrer Elementary Richard McBride Elementary School District #52 (Prince Rupert) South Poplar Elementary Trout Creek Elementary West Frdser Elementary Alexis Park Elementary Boundary Beach Elementary Charles Dickens Elementary Continuing Ed SD 44 District of Wh~stler Fraser Canyon Hospital Hear~ngImpaired Prog (Langley) Kildald Elementary blalaspinahlalaspina CollegeElementary hluheim Menlorial Elenlent~ry Continuing Ed SD 46 Dodge Cove lmprovement District Fraser Lake Elem-Secondary Heath Elen~entary Killarney Secondary MundMurie! BaiterRoad ElementaryElementary PaulinePeace Arch Johnson District Elementary Hospital Richardson School School District #54 (Bulkley Vdley 1 S. Quadrd Fire Protection District Trout Lake ln~provernentDistrict Wst Heights Elementary Alfred 6. DLxon Elenlentdry Boundary Central Secondary Charles E London Jr Secondary Ts Kw Aylaxw Elementary W.Kootenay-Boundary Reg. Hlth Brd Charles Hays Secondary Continuing Ed SD 48 Dog Creek Elementary Frdser Valley Reg Corresp Hedley Elementary Kilmer Elementary Mamquam Elementary Richmond GeneralElementary Hos ital School District #55 (Burns Lake) South Rutland Elementary Alice Brown Elementary Boundary Community Elementary School District #56 (Nechako) South Sahdli Elementary Tsawassen junior Secondary West Lan ley Elementary Allison Lake lmpr District Boundary Hospital Charles Hoey Special Co~itinuingEd SD 49 Dogwood Elementary Fraser Wood Elementary Hedley hnpr District Kimberly District Hospital Manoah Steves Elementary Muriel blould Primary Peace Arch Elementar Continuing Ed SD 53 Do ood Ridge Impr District Frdser~CheaniReg District Heffley Creek Elementary King Edward Elementary h'fdpes Elementary Murrayville Elementary Peace Liard Reg Head Board Richmond Health Boari School District $57 (PI George) South Slope Elementary 'Tsawwassen Waterworks District West tutknd Elementary Alouette Elementar Boundary Line lrrigation District Charlie Lake Elementary TsolumTuc-El-Nuit Elementary Elementary West Sechelt Elementary Chartwell Elementary Continuing Ed SD 57 DOEElenientary Fraser~FortGeorge Reg District Heffley Creek Waterwks District King George Secondary Maple Bay Elementary Myrtle Phihp Elementary Peace River Reg District Richmond Sr Secondary School District #59 (Peace River S.) S.Surrey1White Rock Learning Ctr Alternate Program [~hilliwack) Bourke Creek Improvement Dist School District #60 (Peace River N.) South Vernon Irrigation District West Vancouver Secondary Bow Horn Bay Fire Prot'n District Chase lrrigation District Continuing Ed SD 62 Dome Creek Elementary Fraserview Elementary Heffley Irrigation District King George V Elementary Maple Drive 11 Secondary Na htdneqed Elem-11 Secondary Peachland Elementary Rick Hansen Secondary Alwin Holland Elementary Ridedu Pdrk Elementary School District #61 (Victoria] South Wellington Elementary Tulameen Elementary West Vernon Elementary Aniy Woodland Elementary Bowen Bay lmprovement District Chase Primar Continuing Ed SD 66 Don Christian Elementary French Creek Ek1nelltd1y Helen Dixon Elementary Kingfisher Elementary Maple Elementary ~a&ui~Elementary Peachland Primary Continuing Ed SD 66 Don Titus Elernentary Fromme Elementary Helen Gornran Elementary Kingswood Elementary Maple Green Elenientary Nakusp Secondary PearsonPeak House Elementary Ridgedale Elementary School District 4'62 (Sooke) S.W. Extension Waterwks District Tumbler Ridge Elementary West Whalley Jr Secondary Anahim Lake Elem-11 Secondary Bowen Island Elementary Chase River ~rementary School District d63 (Saanich) South Westminister Secondary 'Tumbler Ridge Secondary Westbank Elementary Bowen Island Fire Prot'n District Chase Secondary Continuing Ed SD 72 Donald E. McKq Elementary Frost Road Elementary Hellings Elementary Kinnaird Elementary Maple Grove Elementary Nanaimo District Secondary Ridgeview Elementary Antnore Elementary Pebble Hill Elementary Ridgeway Annex School District #64 (Gulf Islands) S.E. Kelowna Irrigation District Tunstall Bay lmpr District Westbank lrrigation District Anne Stevenroll 11 Secondary Bowser Elementary Chatelech Secondary Continuing Ed SD 75 Doncaster Elementary Fruitvale Elementary Henderson Elen~entary Kinnaird Middle School Maple Grove Special Nanaimo Reg District Continuing Ed SD 77 Dorlnick Park Elementary Fulford Harbour Waterwks Dist Henry Bose Elementary Kirkbridge Elementary Maple Lane Elementary NandimoNanoose ElementaryRegional Gen Hospital Peden Hill Elementary Ridgeway Elementary School District #65 (Cowichdn) S.Okanagao Secondary Twain Sullivan Elementary M'estbridge Elementary Annie B. jamieson Elementary Bowser Waterworks District Cheam Elementary School District d66 (Lk Cowichan) South ate Secondary 'Twelfth Avenue Elementary M'estcot Elementary Brackendale Elementary Chemainus Elementary Cook !\venue Elementary Dorothed Walker Elementary Fulford School Henry Hudson Elementary Kitchener Elementary Maple Ridge Elementary Pemberton Secondary RidgewoodRiske Creek ImprovementElementary District Annitdale Elen~entary Qemberton Valley Drainage District School District #68 (Nanaimo) ~lementary 'TwinTwin Rivers AnnexElementary Westerman Elementary thoieville Elementary Brackendale Ir Secondary Chemdinus Hospital Coonskin Creek ln~prDistrict Dorothy Lynas Elernentary G.T, Cunningham Elementary Herbert Spencer Elenientary Kitchener lm r District Maple Ridge Hospital Naramata Elementary outh hinds Naramatd lrrigation District Pender Harbour Elem-Secondary Riverdale Elementary School District #69 (Qualicuni) Southridge Elementary Westmount Elementary Anscombe House ( Victoria) Bradner Elementary Chemainus Secondary Copper Mountain Elementary Douglas College G.W. Carlson Elen~entary Heritage Elementary , Kiti K'Shan ~Yementary Maple Ridge Primary Heritage Mountain Elen~entary Kitilnat City Hi h hlaple Ridge Rd 13 Dyking District Ndrcosli Elementary Pender Harbour Fire Prot'n District Riverside Elementary School District #70 (Alberni) Sowchea Elementary Tyee Elementary Westover Community School t\pha Secondary Brddshaw Elen~entary Cherry Creek Elementary Coquihalla Elementary Douglas Park Elen~entary G.F. Strong Centre WestsideWestridge Fire Elementary Protection District Cordova Bay Elementary Douglas Road Elementary G.R. Baker hlemorial Hospital High Valley Camp (Kamloops) Kitimat GenerafHospita~ Maple Ridge Secondary Nasookin Impr District Pender Island School Riverside lntermediate SpanishSparwood Hills General Improvement Hospital District Tynehead Elementary Applied Science Technologists & Braefoot Elementary Cherry Creek Waterworks District School District #71 (Courtendy)(Campbell R) Tyson Elementary Cherry Hill Elementary Cormorant Elen~entary Dover Bay Seconddry Gabriola Elementary High len Elementary Kitimdt-Stikine Reg District Maples Adolescent Treatment Ctr NathanNazko Valley Barton Elementary Elementary Penfield Elementary Riuervale Improvement District Technicians Braelndr Elementary Penticton Regional Hospital Riverview Elem (Lilooet) School District #75 (blisston) Sparwood Secondary Ucluelet Elementary Wstsyde Elementary Arbutus Bay lmpr District Braithwaite Estates lmpr District Cherryville School Coronation Park Elementary Dr. A.R. Lord Elementary Gabriola Fire Protection Distrlct Highknd Elementary Kitsilano Secondary hldplewood Community School Hlghland Park Elementary Kitwanga Elem-lr Secondary kIdquinna Elen~entary Nechako Elementary PentictonPeter Greer Secondary Elementary Riverview Elem (Quesnel) Sthool District 176 (Agassiz-Harrison) Spectrum Community Ucluelet Secondary Westsyde Secondary Arbutus Jr Secondary Brandon Waterworks District Cheslakes Elementary Correlieu Secondary Dr. Charles Best Jr Secondary Galiano Elementary Westview Alternate Cortes lsland Elem-11 Secondary Dr. F.D. Sincldir Elementary Galiano Estates lmpr District (t\rmstronglSpdllumcheen) Kokdnee hnpr District Margaret Ienkins Elementary Nechko North Elenlentdry RiverviewRobb Road Park Eleni-Jr Elen~entary Secondary School District 177 (Sum~nerland) Spencer 11 Secondary Union Bay Elementary Arbutus Society for Children Brantford Elementary Chetwynd General Hospital School District d80 (Kitiniat) Spences Bridge Elementary Union Bay lm rovement District Westview Elem (N. Vancouver) Chetwynd Secondar Cougar Canyon Elenlentdry Dr. George M.Weir Elementary Garden Bay Waterworks District Highland Park Elem (Maple Ridge) Koksildh Elementary Margaret Stenersen Elementary NechakoNelson Elementary Valley Secondary Peter Skene O deli Secondary Architectural lnstitute of B.C. Brechin Elementary Peterson Roa!Elementary Robert Bateman Secondary School District #81 (Fort Nelson) Spences Bridge LVaterwks District University ~o&geof the Cariboo Westview Elem (Prince Rupert) Arden Elementary Brennan Creek Ekmentdry Chief Dan George dementdry Cougar Creek Elementary Dr. H.j. O'Brien Education Centre Garden City Elementary Highland Park W'lterwks District Kootenay Boundary Reg District Mane Shar e Elementary County Line Elementary Dr. H.N. MacCorkinddle Elem Garibaldi Elementary Highland Secondary Kootenay Lake District Hospital blarigoldMarion Schilling %mentary Elementary Nenqayni Treatment Centre Phoenix Elem-Jr Secondary Robert 1. Tdit Elementary School District 184 (Vanc Isl W.1 Sperling Elementary University Colle e of Fraser Valley Westview Ir Secondary Argyle Secondary Brent Kennedy Ehentdry Chief Maquinna Annex University Hill ~fementar~ Westwind Elementary Chief Maquinna Elementary Courtenay Elem-Jr Secondary Dr. Kedrney Ir Secondary Garibaldi Highlands Elenlentdry Highlands Elem (N. Vancouver) Kootendy Reg Corresp Nesika Elementary PhiliniorePhilip Sheffield Point Elementarylmpr District Robert 1. Clemitson Elementary School District #85 (Vanc Isl N.) Spring Lake Youth Ranch Armstrong Bay lmpr District Brentwood Elementary Robert Ogilvie Elementary School District 186 (Creston-Kaslo) Springvalley Elementary University ofHill British Secondary Columbia Westwold Elementary Armstrong Elem (Armstrong- Brentwood Park School Chilcotin Road Elementary Courtenay Elen~entary Dr. R.E.McKechnie Elernentary Garibaldi Secondary Hi hlands Elem (Coquitlam) Krestova Irnpr District Marlborough Elementary NestorNew Dimensions Elementary (Victoria) Hiicrest Eleni (Greater Victoria) KumsheenKwaleen Elementary Elem-Secondary Martha Currie Elementary Piers Island lmpr District RobertRoberts Scott Creek Elementary Elementary School District 4'87 (Stikine) Springvalley Secondary Westwood Elem (Coquitlam) Spallumcheen) Bnv Ba hn rovement District Child &Youth Secretariat Courtenay Fire Prot District Dr.Thomas ASwift Elementary Gateway House University of Northern B.C. Westwood Elem (Kamloops) Cove Bay Improvement District Dr. D.A.Perley Elernentary Genelle Elementary Hdlcrest Elern (Shuswap) Martha lane Norris Elementary New Hazelton Elementary Pinantan E!enlentdry School District #88 (Terrace) Springwood Elementary Amstrong Elen~(Burnaby) Bridesvde Eimentary Childrens Hospital School Program Robertson Annex School District #89 (Shuswap) Sproat E!ementdry University of Victoria Whaling Station Bay Impr District Bridesville Waterworks District Chilliwack Cel~tralElementary Cove Cliff Elementary Dr. tlelmcken Memorial Hospital Genelle ln~prDistrict Hillside Elementary Kwalium Secondarv Martin Morigeau Elem-Jr Secondary New Westminster Secondary Pine Tree Place lnlpr District Arrow He~ghtsElementary Pinecrest Ekmentdry Robertson Elementary School District 192 (Nisga'a) Spruceland Elementary Unsworth Elementary Whiskey Point Impr District Arrow Ldkes Hospital Bridge Ldke Elem-Jr Secondary Chilliwack Elenl-jr Secondary Covert Irrigation District Dr. Knox Secondary General Brock Elementary Hdlside Middle KwantlenKwayhquitlum CoUege Middle School Mary Hill Elementary Newton Elementary Hillview Elementary Mary Hill Jr Secondar Newton jr Secondary Pineridge Eleni (Kamloops) RobronRobson ElementarySecondary School District PlOl (Corresp) Spur Valley lnlpr District Uplands Elementary (Victoria) White Rock Elementary hrthur Hatton Elementary Bridge River Elementary ChiUiwack General Hospital Cowichan Bay lmprovement Dist Dragon Lake Elementary General Currie Elementary Uplands Elementary (Laogley)(Penticton) Whitehead Waterworks District Cowichan Bay Waterworks Dist Dragon Lake Impr District General Gordon Elementary Hixon Elementary Kye Bay lmpr District Mary lane Shannon Ehentary Nicholson Elementdry Pineridge Eleni (Prince Rupert) Scott Point Waterworks Dist Squarnish Elementary Arthur Steveson Elementary Bridgeview Challenge Program Chilliwack Secondary Robson Ras berry Impr District Whitevale Elementary Bridgeview Elern-lr Secondary Chimney Creek Elementary Cowichan District Hospital Drinkwater Elementary General Wolfe Elementary Hjorth Road Elementary Kyuquot Eleni-Jr Secondary Marysville Elementary Nicks lsland D king District Pinetree Way Elementary Ashcroft and District Hosp~tal Pineview Elenlentdry Rochester ~Ementary Sea ViewIsland Elern-Jr Elementary Secondary SquamishSqudniish-Lillooet General HospitalReg District Uplands Elenlentdry (Terrace) Whonnock Elementary Ashcroft Elementary Brilliant Waterworks District Christina Waterworks District Cowichan Secondar Duchess Park Secondary George Bonner lr Secondary Holly Elementary (Delta) LA Matheson Jr Secondary Mater biisericordiae Hospital Nicola ~anford~lementary Holly Elementary (Surrey) L V Roger Secondary Matsqui GeneralElementary Hospital Nicola Valley General Hospital Pineview lmprovement District RockRockheights City Elementary Elementary Seaforth Elementary St Mary's Hospital Uplands Park Elementary Wickaninnish Elementary Ashcroft Secondary Britannia Elementary Christine Morrison Elementary Cowichan Station ~imentdry Duck Lake Dyking District George Elliot Secondary Wildwood Elem (Cariboo-Chilcotin) Dufferin Crescent Elementary George Greenawa Elementary Hollyburn Elementary L'Ecole Bilingue Elementary Nicola Valley lnst of Technology Pinewood Elem (Cranbrook) Dist SeafCoveSea irt Waterwks Elementary District St. Bartholomew's Hospital Upper Fraser Elementary Ashton Creek Elementary Britannia Secondary Cilaire Elementary Cowichan Valle Regional District St. John's Hospital Upper HalhvaFraser Valley Elem-lr Hlth Secondary Board Wildwood Elem (Prince George) Cindrich Elen~entary Coyote Creek Elmentary Dufferin Elementary George flilliard ELrnentary Hollywood Road lr-Secondary L'Ecole Loch~elElen~entary Matthew McNair Sr Secondary Nicola Vdle Junior Secondary Pinewood Elementary (Delta) RocklandRocky Mountain Elementary Elementary Assoc. of Physiotherapists & Brocklehurst Secondary Seaquam Secondary St. Joseph's Hospital William A. Fraser Elementary Brooke Elementary Citadel Middle School Crai flower Elementary Dunach Elementary George kay Elenientary Holy Family Hospital L'Ecole Victor Brodeur klax Cameron Sr Secondary Nicomekl ~lnlentary Pinewood Elem (Pr George) Massage Practitioners Pitt Meadows Elementary Rockyview Improvement District Seaview Elem (Coquitlam) St. blarfs Prairie lrrigatio~iDistrict Upper Lynn ~kmentary William Brid e Elementary Assoc. of Prof Engs & Geoscientists Brooklyn Elenientary City Centre Secondary (Courtenay) Craierry Fire Protection District Duncan Cran Elenientary George M DJ\VSO~Secondary Honeymoon Bay Elementary Lac La Hache Elementary Max Tur k Elementary Nicornen lsland lmpr District Hood Point lmpr District Lach Klan Elem-Jr Secondary blayne Erenl-Jr Secondary Nisgda Elem-Secondary Pitt hleadows Secondary Ro er St Elementary Seaview Elern (Nanaimo) St. Paul s Hospitrl Upper Pine Elem-Jr Secondary William ~oof~lementdry Assoc. of Professional Foresters Brooks lr Secondary City of Abbotsford Cranbrook Regional Hospital Duncan Elementary George hl Murray Elementary William F Davidson Elem Crawford Bay Elem-Secondary Dunsmuir Jr Secondary George P Vanier Secondary Hove Alternate Re-Entrv Proaram Ladner Elementarv hlayne Island Impr Distrlct Nkwala Elementary Ylayn~orJunction lmpr District RoEa Elementary Sechelt Elementary St. Vincent's Hospital Up er Sumas Elenlentdry Atchelitz Elementary Brooksbank Elementary City of Armstrong , " Sechelt Fire Protection District Stanley Gordon Elementar "ti& Waterwks ~istrkt William Konkin Elementary Brookside Elementary City of Burnaby Crescent Heights Elementary Dunster Elementary George Pearkes Jr Secondary tiope Secondary Lady Grey ~lementar~ McBride Centennial Elementary Noel Booth Elementary Pledsant Valley Elementary Rolling Hills Waterwks District Atchelitz-La Verendr e Elem Pleasant Valley Health Centre Ron Brent Elen~entary Sechelt Indian GoYt District Stanle ~um~hries~econdYdry Valemount Elementary William Watson Elementary Atlm Elem-jr ~econdsr~ Brookswood Secondary City of Castlegar Crescent Park Elem (Peace River S.) Durieu Elementary George Pearson Centre Hopkins Landin Waterwks Dist Lady Minto Gulf Islands Hospital hlcBride District Hospital NoosatsuniNootka Elementary Waterwks District George Pringle Secondary Hornby lsland Efementary Ladysmith Alternative McBride Secondary Pleasant Valley Secondary Roosevelt Park Elementary Second St. Comm'y School (Burnab ) ~tardei~aterwksDistrict Valemount Secondary Wilialns Lake jr Secondary Atlin Improven~entDistrict Brunswick Beach lmpr District City of Colwood Cresent Park Elementary (Surrey) Durrance Elementary Vdll~allaValley VistaRidge Elementary lmpr District WilliamsWillingdon Springs Youth Waterwks Containment District Ctr Creston Dyking District Dutch Lake Elementary Georgs Vanier Elenientary Horse Lake Elementarv Ladvsn~ithDistrict General Hoso McCammon Elernentary Nor ate Community Elementary Pleasant Valley Mterwks District KO:: Valley E!ementary Secondary Alternate Prog. (~uesner) Station Stretch School Aubrey Elementary Buckhorn Elementary City of Coquitlam Sek'LepSecret Island Elementary Waterworks District Stawamus Elementary Buckhorn lmprovement District City of Courtenay Creston Valley Hospital E T Kenney Elen~entary Georgia Avenue Elementary Horsefly Elem-lr ~ecohdar~ ~adys~nithIntermediate ' McCoskey Elen~entary NorfamNorth Bend Secondary Elementary Pleasantside Elementary Rosedale Elemllr Secondary Austin Road Elementary Plyn~outhPoint GreyElementary Seco~~dary Rosedale Elementary Steele Springs Wdterwks District ValleycliffeValleyview IuniorElementary Secondary Wiloughby Elementary Avola Improvement District Butkingham Elementary City of Cranbrook Crofton Elenlentdry Eagle Cliff Iniprovement District Geor4ina Impr District Houston Secondary Ladysmith Primary McGirr Elementary Howard De Beck Elementary LadysmithLaird lmpr Secondary District McGowan Pdrk Elementary North Canoe Elementary Rosemont Elementary Selkirk College Steeples Elementary Willow Point Elementary B W Garratt Elementary Buffalo Creek Elementary City of Dawson Creek Cultus Lake Elementary Eagle Hdrbour Comnlunity Giants Head Elementar Van anda lmprovement District Willows Elementary Cumberland Elem-11 Secondary Eagle Ridge Elementary Gibson Elementary (Deia) Howe Sound Secondary McKenzie Elementary North Canyon lmpr District PolicePoplar MattersGlade Elementary Agency Ross Elementary Selkirk Secondary Stelly's Secondary B.X. Elementary Buick Creek Elementary City of Duncan RossRosser Road Elementary Elementary Semiahmoo Secondary Stepney Waterwks District Van Bien Elementary WillwayWilmer Watereks Elementary District City of Enderby Cumberland Elementary Eagle Ridge Hospital Gibsons Elem (Sunshine Coast) Hudson Road Elementary Laity View Elementary hlcKim Middle School North Cedar Elementary B.C. Assessment Authority Bulkley Valley District Hospital Poplar Grove lmpr District Steveston Sr Secondary Vancouver Comm Colle e Bulkle Neclrako Regional Dist City of Fernie Cumberland Fire Prot District Eagle River Secondary Gdl Elementary Hudsons Hope School Lakalzdp Elementary hlcLeese Lake Elen~entary North Cedar lnlpr District B.C. Building Corporation North Chemainus Elementary Port AliceClements Hospital Elementary Rorsland Secondary SenatorSentinel ReidElem-Secondary Elementary Stewart Elelnentdry Vancouver Health Boar! Wiltse Elementary B.C. Cancer Agency Burn& central Secondary City of Fort St. John D P Todd Secondary Eagle Rock CV,~terworksDistrict Gillies Bay lmpr District Hugh Boyd Jr Secondary Lake Cowichan Secondary McLeod Elementary Hugh McRoberts Jr Secondary Lake Hill Elementary McLeod Lake Elementary N. Coast Regi~lldlCorrespondence Round Prairie Waterwks District Serpentine Heights Elementary Stewart General Hospital Vancouver Health Hospital Society Winchelsea Elementary B.C. Ferry Corporation Burnaby General Hos ital City of Grand Forks D W Poppy Secondary Eagle View Elen~entary Gillnore Community Elementary Vancouver Technical Secondary Windebank Elementary D'Arcy Waterworks Dist Earl Marriott Secondary Gil in Element Hume Elementary Lake Kathlyn Elementary McLeod Road Elementary North Delta Senior Secondary Port EdwardGuichon Elementary Elementary Roy Stibbs Elementary Seycove Community Secondary Stewart Secondary B.C. Hydro & Power Authority Burnaby Health Boari City of Greenwood Roy Wilcox Elementary Seymour Arm Elementary Stillwater Waterworks District Vanier Elementary Windermere Elementary Burnaby North Secondary City of Kan~loops Dallas Elementary East Chilliwack Elementary Gi!s Altermte :&ram Hume Pdrk School Lake Trail Elem-Jr Secondary McMillan Elementary North Glenmore Elen~entary B.C. Lottery Corporation North Island College Port Hardy Hospital Royal Columbian Hospital Seymour Elementary Stoney Creek Elementary Vanway Elementary Windermere Secondary B.C. Pavilion Corporation Burnaby South Secondary City of Kelowna Daniel Woodward Elem East Clayton Elenientary Giscome Elementary tivland Creek Elementarv Lakes District Secondary McNicoll Park 11-Secondary Lakeshore Highlands lmpr Dist McTavish Elementary N. Island Re Correspondence Port HardyKells Elementary Secondary Royal Heights Elementary Seymour Heights Elementary Strathcana Elementary VaseuxVAST Alternate Lake lmpr School District (Alberni) Windrenl Elementary B.C. Railway Burns Lake District Hospital City of Kin~berley Darfield lrrigation District East Kelowna Elementary Glacier View Elementary I~BC Windsor ElementaryEducation Centre Ddvid Brankin Elementary East Kensington Elementary Glade lrrigation District ICCR School (Coquitlam) Lakeview Containment (C. River) Meadow Elementary NorthN. Island/Mid lslancf~econdary Coast Reg Health Brd Royal Inland Hospital Shady Valley Elementary Strawberry Hill Annex B.C. Systems Corporation Burnside Elementar City of Langley Port McNeill District Hospital Royal Jubilee Hospital Shannon Lake Elementary Strawberry Hill Elementary VAST Centre School (Nanaimo) B.C. Trade Development Corp. Burnsview 11 ~ecodry City of Merritt Ddvid Cameron Deaf & Hard of East Kootenay College Gladstone Elementary ICCR School (Langley) Lakeview Elementary Meadow Valley lrrigation District ICCR School (Prince George) Lakeview Heights Elementary Meadowbrook Elem (Kimberley) North Nicomen Dyking District Port Moody Sr Secondary RoyalRoyston Oak Elementary Middle Shannon Park Annex Strawberry Vale Elementary Vaucroft lmpr District Windsor Secondary B.C. 'Transit Authority Burquitlam Elenientary City of Nanaimo Hearing Prp East Kootenay Regional District Gladstone Secondary Vavenbyhnby Elementarylmpr District Winlield & Okanagan Ctr East Kootenav Ree Health Bodrd Glanford Elementarv ICCR School (Vancouver) Lakeview lrrigation District Meadowbrook Elem (Coquitlam) North Okanagan Regional District PortPorter Renfrew Street Elen~entaryElementary Shaughnessy Elementary Stride Avenue Elementary B.C. Transportation Financing Auth Burton Elementary City of New Westminster Ddvid Cameron Ekmentdry Shawnigan lmproven~entDistrict Stuart Lake Hospital lrri ation District City of North Vancouver Ddvid 130y Elementary Glen Elementary Incentive McRoberts Jr Secondary Lakewood Elementary Meadowbrook Watenvks District N.Okanagdn Reg Health Bodrd Royston lmpr District B.C. Utilities Commission C.E. Barry Intermediate Pouce Coupe Elementary Ruskin Elementary Shearwater Elernentary Stuart Wood Elementary Vedder Elementary Winleld Elementary B.C. Veterinary Medical Association C.M. Finch Elementary City of Pdrksville David Livingstone Elementary Glen Valley Dyking District Independent Waterwks District Lakewood Jr Secondary Meadowlmd Elementary North OtterOyster Elementary Elementary Inman Elementary Lambrick Park Secondary Meredith Rd Impr District Poupore lmprovement District Ruth King Elementary Shellwood Waterwks District Sullivan Elementary Vedder Junior Secondary Winfield Fire Protection District B.C. Women's Iiosp and Health Ctr C. 1. Salvador Elementary City of Penticton David Lloyd George School Eastview Elementary Glenayre Elementary Vermilion Forks Elementary Winlaw Elementary David Oppenheimer Elementary Echo Bay Elementary Glenbank Elernentary lnstitute of Chartered Accountants Lam son Street Elementary Merrit Bench Elementary North Peace Secondary Powell River GeneralReg District Hospital Rutherford Community Sheltered Cove lmpr District Summerland General Hospital Babine Elem-Secondary Cabinet City of Port Alberni Rutland Elementary Sherwood Park Elementary Summerland Secondary Vermilion lrrigation District WinsloaWise Island Centre Improvement (Coquitlam) District Baker Drive Elemenlary Cache Creek Elementary City of Port Coquitlam David Stoddart Secondary Ecole Andre Piolat Glendale Elementary lnvergarry Learning Ctr (Surrey) LanB~urveyorsof B.c. Merrit Central Elementary North Pitt Polder lmpr District bferrit Secondary North PoRi&e lar Elementary Elementary PrairiedalePrespatou Elem-SecondaryElementary Rutland 11Secondary Secondary Ships Point Impro\rement District Summit Elementary Vernon jubilee Hospital Baker Elementary Caledonia Sr Secondary City of Port Moody David 'Thompson Elementary Ecole Anne Hebert Elementary Gleneagles Elementary lnvermere District Hospital Langara College Wiseman School Ecole Des Deux blondes Elementary Glenlake Elementarv loco Jr Secondary Langdale Elementary klerville Fire Protection District Shoreline Jr Secondary Sun Valley hpr District Vernon Secondary Bakerview Elementary Calgary Elementary City of Prince George David Thompson Sec (Widermere) Suncrest Elementary Victor St. Special School Wishart Elementary City of Prince Rupert David Thompson Sec (Vancouver) Ecole Fort St Iohn Central Glenmerry Elementary lrvine Elelnelitdry Langford Alternate Program Metchosin Elementary North Saanich Middle School Prince Charles Elem (Abbotsford) RutlandRykert Irrigation Waterworks District District Shortreed Elementary Baldonnel Elementary Cambie Elem-Jr Secondary Prince Charles ElemSecondary (Surrey) Victoria General Hospital Wix-Brown Elementary Balfour lrrigation District Cameron Elen~entary City of Quesnel Davidson Road Elementary Ecole Frdnk Ross Glenmore Elementary Irwin Park Elementary Langley Central Fundamental Meziadin Elementary N.Salt S ring Wterwks District lsabella Dicken Elementary Langley Education Centre Midway Elementary ~01thNorth ~RoreShuswap Health Elementary Board S.1. LVilis Educational Centre ShuswdpShuswap 11Lake Secondary General Hospital SundanceSunningdale Elementary Elementary Victoria High School Wm Beagle Jr Secondary Ballenas Secondary Catnosun College City of Revelstoke Davie Jones Elementary Ecole jules Quesnel Elementary Glenmore-Ellison lmpr District Victoria Line Limited Wolfe Watenvks District Davis Bay Elementary Edelweiss Elementary Glenrosa Elementary Islands Trust Langley Fine Arts Mile 108 Elementary Prince George SecondaryReg Hospltal SahaliSaanich 11 PeninsulaSecondary Hospital Shuswap River Fire Prot District Sunny Cedars Special School Balmoral Jr Secondary Camp Colonial (Keremeos) City of Richmond Sidaway Elementary Sunny Hill Hospital for Children Victoria S D Hospital Program Wonown Elementary City of Rossland Davis Rodd Elementary Edgehill Elementary Glenview Elementary J Alfred Laird Elementary Langley Meadows Elementary Mill Bay Elementary North Surrey Learning Centre Bankhead Elementary Camp Trapping (Prince George) Pr George Youth Containn~ent Saanichton Elementary Sidne Elementary Sunnyside Elementary Village of Aert Bay Wood Elementary Barbers' Association of B.C. Canlpbell River District Hospital City of Surrey Dawn Elenlentdry Edgewater Elementary Glenwood Elem (Langley) I L lackson 11 Secondary Lingley Memorial Hospital hlill Bay Fire Protection District North Surrey Secondary Langley Prairie Fundamental klill Bay Waterworks District North West Reg Health Board Prince of Wales Secondary SaharaSahtlam Heights Annex Wterwks District Si nd/'Hi~~ Elementary Sunrise Rid e Elementary Village of hmore Wood Lake lmprovement District Barlow Creek Elementary Campbell-Bennett Bay lmpr Dist City of Terrace Dawson Creek District Hospital Edgewater lmprovement District Glenwood Elem (Maple Ridge) J Lloyd Crowe Secondary Village of Ashcroft WoadWoodbank Road Elementary Waterworks District Day Treatment Program (Vancouver) Edgewood Eleni (Arrow Lakes) Godson Elementary J N Burnett Jr Secondary Langley Secondary Miller Pdrk Elementary North. B.C. Reg Correspondence Prince Rupert Regional Hospital Sier Creek Elementary Sunset Beaci lmpr District Barriere Elementary Cdnipbehon Elementary City of Trdil Silver Creek School Sunset Elementary Village of BeltarraBurns Lake City of Vancouver Deadman's Creek Im r District Edpwood Elem (Prince George) Gold Bridge Elementary 1 P Dallos Elementary Lansdowne Jr Secondary Mills Memorial Hospital N. Interior Reg Health Board Prince Rupert Secondary Saint George's Hospital Barriere lm rovement District Campus View Elementary Princess Margaret Secondary SaintSallassalton Mary sUnrvinus Hospital Silver Star Elementary Sunset Improvement District Woodland Park Elem (Castle(~urrej ar) Barriere Ri&e Primary Canada Way Educational Centre City of Vernon DeaWBlind Program PRichmond) Edlth Cavell Eklllelltdr Gold Bridge LVaterworks Dlstrict 1 S Clark Elementary Lansdowne Waterwks District Millside Elementary Northern Li hts College j T Brown Elementary Lantzville lmpr District Millstream Elementary Northfield ,&ernate Princess Anne Elementary Silver Star Waterworks District Sunshine Coast Regional District Village of Cache Creek Bdrriere Secondary Canal Flats lmproven~entDistrict City ofvictorid Dease Lake Elem-Secondary Edmonds Elem-~econdry Gold River Secondary Village of Chase Woodlands Secondary Decker Lake Elementary Ed.Ctr. Academic Upgrading Golden District General Hospital I V Hunlphries Elem-Secondary Larkin Waterwks District Ministry Aboriginal Affairs Northridge Elementary Princess Margaret 11 Secondary Salmo Elementary Silverdale Elementary Sunshine Hills Elementary Barrowtown Elementary Canalta Elementary City of White Rock SalmoSalmon Secondary Arm Elementary Silverthorne Elementary Surge Narrows Elementary Vilage of Clinton Woodlynn lmpr District Canyon Alpine lmpr District City of Williams Lake Deep Bay Waterworks District (Chilliwack) Golden Ears EhIeIItdry 1 W Inglis Elementary Laronde Elementary Ministry Ag., Ftsheries & Food Northwest Conlmunity College Princess Royal Elementary Barrowtown Waterworks District Nukko Lake Elementary Princeton General Hospital Sitnilkameen lmpr District Surrey Centre Elementary Village of Cumberland WoodsideWoodwinds School Special (Qualicum) Basque lniprovement District Canyon Elementary Claremont Secondary Deep Cove Elementary Edward hlilne Comrn School Golden Secondary J W Sexsmith Elementary Larson Elementary Ministry Attorney General Latimer Road Elementary Ministry Education Nusatsum Elementary Princeton Secondar Salmon Arm Sr Secondary Similkameen School Surrey Memorial Hospital Village of Fraser Lake Bastion Elementary Canyon Heights Elementary Clarence Fulton Secondary Deep Creek lmprovement District Edwin S Richards Elementary Goose Lake Waterworks District J.C. Hill Elementary Village of Fruitvale Workers' Compensdtion Board Ei hth Avenue Elementary Gordon Elementary Jack Gook Special School Laura 1 Morrish Elementary Ministry Employment & Investment O'ConnellOak Ba Secondary Elementary Pritchard WaterworKs District Salmon ArmValley West Elementary Elementary Simon Cumin ham Elementary Sutherland Creek Wterwks District Baynes Lake Elementary Canyon CVaterworks District Clarence hlichiel Elementary Dehart Primary Simon Fraser ~fementary Sutherland Secondary Village of Gold River Woss Lake Elementary Claude Galibois Elementary Dellcliff Waterworks District ~ifeenMadson Primary Gordon Greenwood Elementary Jackson Elementary Laura Secord Elementary Ministry Energy, Mines & Procter Creek lmpr District Bayridge Elementary Cape Horn Elementary Prospect Lake Elementary Saltspring Isl Fire Prot District Simon Fraser Health Board Sylvania lm r District Village of Granisle Wrinch Memorial Rospid Bayview Community Elementary Capilano College Clayton Creek lmpr District Delta Hosp~tal El Camino Improvement District Gordon Head Elementary paffray Elem-lnr Secotidary Laurie Jr Secondary Petroleum Resources Oak ~iisPrimary W Lavington Elementary Ministry Envir., Lands & Parks Oakldnds Elementary Prov. School for Deaf (Burnaby) Saltspring School Simon Fraser University T.E. Scott Eimentary Village of Harrison Hot Sprngs Wynndelnndel ElementaryIrrigation District Bayview Elementary Capilano Elementary Clayton Elementary Delta MdtI01 Elementary El in Park Secondary Gordon Sargent Primary James Ardiel Elementary Village of Hazelton Gordon Terrace Elementary lames Bav Communitv School Law Society Ministry Finance & Corporate Relns Odkridge Rece lion & Orientation Ctr Prov Integration Support Program SamuelSan Josef Bri Ek-)r ouse SecondaryElementary Simonds Elementary %hi. Roberts Elementary Beach Grove Elementary Capital Health Board Clearbrook Elementary Delta Secondary EIK Lake School Sinipson Elementary Ta um lmprovement District Village of Kaslo Yaik Elementary Delview 11 Secondary Elkford Elementary Gorge Road Hospital Lax Kw Aaanls Elem-Jr Secondary Ministry Forests Oasis \Vaterw& District Ptarmi an Flats Drainage District Beachcomber Bay Waterwks Dist Capital Re ional District Clearbrook Waterworks District Sandowne Elementary Sinkut View Ekmentdry TaEyghen Elementary Village of Keremeos Yale Elementary Clearview Elem-Jr Secondary Denman Island Elementary Elkford Secondary Gossip Island Impr District Le Bourdais (Special) School Mmistry Government Services Ocean Cliff Elementary Puntle&e Park Elementary Beairsto Elenlentary Capitol HA Elementar Puntzi Mountain Elem-Jr Sec. Sands Jr Secondary Sion Impr District Tahltan Eletn-lr Secondary Village of Lake Cowichan Yale Secondary Captain James Cook Elmentary Clearwater lnlpr District Departure Bay Elementary Ellendale Elementary Grad. Routes Other Wdys lames L Websier ~lement;~ Ledger House Ministry HealthHousing, Recreation & Ocean Falls Elementary Bear Creek Elenlentary Ocean FallsGrove In1 Ere~nentar~ r District Quadra Elem (Campbell River) Sandwick AlternateWaterwks SpecialDistrict Sir Alexander Mackenzie Elementary Tahsis Hospital Village of Lillooet Yarrow Elementary Bear Lake Elen~entary Captain Medres Elem-Secondary Clearwater Secondary Deroche Ehentdry Ellison Elementary Grah~mBruce Elementary Janies McKinney Elementary Leecrest lmprove~nentDistrict Yarrow Waterworks District James Pdrk Elementdry Leigh Elementary Consumer Services Quadra Elern (Greater Victoria) Sir Alexander Mackenzie Secondary Tansor Elementary Village of Lions Bay Beattie Elementary Cariboo Hill Secondary Cleveland Elenientary Devereaux Elernentary Ellison Primary Graham Lake lmpr District Tarrys Elen~entary Village of Lumby Yennadon Elementary Grand Forks lrrigation District James Thompson Elem(Richmond) Len Shepard 11 Secondary Ministry Municipal Affairs Oceanside Middle School Qualicum BayIHorne Lk Wtrwks Dist SandySangster Hill Elementary Elementary Sir Charles Kingford-Smith Beaver Creek Eleni (Abernil Cariboo Memorial Hospital Cliff Drive Elementary Devon Gardens Elementary Elphinstone Secondary Sir Charles Tupper Secondary Tate Creek Elenlentdry Village of Lytton YountZeballos Elementary Elem-Jr Secondary Dewdney Area lmpr District Elsie Mile Elementary Grand Forks Rural Fire Prot Dist James Thornson Elem (Powell River] Len W \Vood Elementary Ministry Skills, Training & Labour Oceanview Impr District Qualicum Beach ElemlJr Secondary Cariboo Regional District Clinton Elem (Buroaby) Qualicum Beach Elementary Sansbur Elementary Sir Frederick Banting Jr Secondary Tatla Lake Elem-lr Secondary Village of fvlasset Cariboo Regional Health Board Clinton Elem (S. Cariboo) Dewdney Elementary Emily Carr College of Art Grand Forks Secondary James Whiteside Elementary Lena Shaw Elementary Ministry Small Business, Tourism, Oceanview 11 Secondary &Culture Office of the Lieuten~ntGovernor Quamichan hliddle School Sardis Elmentary Sir Guy Carleton Elementary Taylor Elementary Village of McBride Beaver Falls Waterworks District Carihi Secondary Cloverdale Elementary (Victoria) Dewdney-Alouette Reg District Emily Carr Elernentary Grandview Elementary farvs Elenientary Lexington lmprovement District Village of Midway 'This list includes all" arent" Grandview Heights Elementary Jessie Lee Elementary Li hthouse Pt Waterrvks District Ministry Social Services Office of the Premier Quarterway Elementary SardisSaseenos Secondary Elementary Sir lames Douglas Annex Tecumseh Annex authorities, e.g. Head Boards. Beaver Lake Elementary Carisbrooke Elementary Cloverdale Elementary (Surrey) Diamond lmprovement District Enderby District Hospital Sir James Douglas Elem (Victoria) Tecumseh Elementary Village of Montrose Diamond Vale Elementary English Bluff Elementary Grandview Waterwks Distr~ct Jessie Wowk Elen~entary Elern.Fr Seconadr Ministry Transp & Hways Office of the Provincial Court QuatsinoQueen Alexandra Elementary Elementary Individual "child" authorities Beaver Valle Elem-Jr Secondary Carlin Elen~entary Cloverdale Learning Centre ife el^ Saturna Island Elementary Sir James Dou las Elem (Vancouver) Telkwd Elenientar Village of Nakusp Coal Harbour Elementary Discovery Elen~entary(Cowichan) Eric Godson Memorial Granthams Landing lnlpr District Jewett Elementar Lillooet District Hospitar hlinistry Women's Equality Office of the Superior Court reporting to a parent authority do Beaverdell ~\ementary Carlton lrnprovcment Distrlct Queen Charlotte Elem-Secondary Saturna Shores lmpr District Sir John Frankfin Conlmunity Templeton ~econdary Village of New Denver Carmi t\ve Elementary Coast Garibaldi Reg Hlth Brd Discovery Elementary (Surrey) Eric Hamber Secondary Grasmere Elementary John A Hutton ~Lmentary Lillooet Secondary Miracle Beach Elelllentdry Okanagan Falls Elementary not appear, e.g. Health Councils that Beaverly Elementary ;\.lissezula Lake Waterwks District Okanagan Falls lrrigdtion District Queen Charlotte Isl Genl Hospital Savary Shores Impr District Sir Matthew Begbie Elementary Ten Broeck Elementary Village of Pemberton Beddis Waterworks District Carnarvon Cotr~munity Cobble Hill Improvement District Discovery Passage Elementary Eric 1 Dunn Elem-Jr. Secondary Grassy Plains Elem-Jr Secondary lohn Allison Elenlentdry Lincoln Elementary Village of Port Alice report to a Health Board.The list is lohn Barsby Secondary Lindsay Park Elementary Mission Central Ehentdry Okanagan Landing Elementary Queen Elirabeth Annex Savond Elem-Secondary Sir Richard McBride Annex Tenth Avenue Elementary accurate as of April 30,1995. Bel o Elementary Carney Hill Elenlentdry Cobble Hill School District Alternate Sec (Hope) Eric Langton Elementary Gray Elementary Sir Richard McBride Elemelitdry 'Terry Fox Elementary Village of Port Clen~ents District Level Pro ram (Surrey) Erickson Ehentdry Greater Vancouver Reg. Corresp John Field Elementary Lions Bay Elementary Mission Hill Elementary Okanagan Mission Secondary Queen Elizabeth Elem (Vancouver) Savona Watervks District Be~kRoadElementary Carson Elementary Co hlan Elelllelltary Queen Elizabeth Elem (New CVestm) SaSavory ard Elementary Elen-lr Secondary Sir Sandford Fleming Elementary Terry Fox Sr Secondary Village of Pouce Coupe Carson Graham Secondary Cobstream ~lenlentar~ District of 100 deHouse Erickson lniprovement District Greater Vancouver Reg Distr~ct John G Diefenbaker Elen~entary Lions Gate Hospital Mission Memorial Hospital Okanagan Reg Correspondence Bella Coola Elenientary Mission Secondary Okandgdll University College Queen Eli~abethSr Secondary Sir Wilfred Grenfell Elementary Texada Elem-lr Secondary Village of Radium Hot Sprngs Bella Coola General Hospital Cascade Heights Elementary Coldwater lmprovement District District of Campbell River Erma Stephenson Elementary Green Tinhers Elementary John Hendersoli Annex Little Fort Elementary Village of Salmo John Henderson Elementary Little Mountain Elementary Mitchell Elementary Okanagan-Sirnilkameen Reg Dist Queen Mary Elem (N. Vancouver) lmpr District Sir Wilfrid Laurier Annex The Learning Centre (Burns Ldke) Bellevue Creek Elementdry Casino Vv'dterworks District Colebrook Elenlentdry Distr~ctof Central Saanich Errington Elementary Greendale Elementary Sir Wilfrid Laurier Elementary The Study Centre (Vancouver) Village of Sayward District of Chetwynd Esquimalt Secondary Greenglade Elernentary John How~ttElementary Little Qualicuni Watenvks District hloberly Lake Elementary Okanagan Valley Tree Fruit Authority Queen Mary Elem (Vancouver) School District #01 (Fernie) Belmont Elementary Casorso Elementary College Heights Elementary Queen Victoria Annex School District #02 (Cranbrook) Sir William Osler Elenlentary Thetis Island Elementary Village of Silverton Cassie I fall Elementarv Collere Heights Secondw District of ChiUiwack Evans Elementary Greenwood Elementary john Maclure Elen~entary Lloyd George Elementary Montaeue lmvr District Oldlla lnlpr District 4) If it's information you need ... O is your complaint within the jurisdiction of the hospitals Orrabudsrnan? 8 governing bodies of professional and occupational associations For current information on provincial government programs 8 local governments and services, call Enquiry BC: The Ombudsman has the authority to investigate complaints e in Metro Vanco~lver:660-2421 about the following public authorities: 8 IS your complaint a matter of e in Metro Victoria: 387-6121 s ministries of the province administration? e all other locations in B.C.: 1-800-663-7867 e crown corporations The Ombudsman is authorized to investigate and resolve If you are seeking information or documents first call the 8 colleges and universities complaints about administrative unfairness. Her concern is public authority that holds the information. If you are not satisfied, e schools whether the policy, practice, process, guideline or law that a call the office of the Freedom of Information and Protection of public authority has applied in your case is fair. An unfair Privacy Commissioner. I I decision is one that is unjust, discriminatory, unreasonable or 8 in Victoria: 387- 1992 based on a mistake of law or fact. @ If you think you have a problem with a public for the Office of the Ombudsman O When you need to contact the Ombudsman ... authority, try to solve it. Respect If you are not sure whether your complaint falls within our Recognizing that everyone is entitled to be treated with jurisdiction, please call us. Call first. Contact the public authority by telephone. Determine dignity and respect. who can best help to solve your problem. e By free telephone access: Iricl~lsiveriessanti Accessibility Be ready. Have your questions and important reference numbers 1-800-567-3247 (all of B.C.) Promoting equality, access and inclusion in all public services and facilities 1-800-667- 1303 (TTDITTY) ready when you call. for all persons regardless of age, gentler, sexual orientation, disability, race, Ask questions. Determine why and how the public authority national or ethnic origin, religion or creed, language, and family or 8 By local telephone access: economic status. made its decision. 387-5855 (Victoria) 387-5446 (Victoria TTDITTY) Keep a record. Make notes of your calls and the answers to your questions. Promoting and encowaging self-help for people using 8 By mail: public services. 931 Fort Street Review all information carefully about any review or appeal Etlacatior~ Victoria, B.C. V8V 3K3 process to which you are entitled. Educating and instructing public officials about the 2nd floor, 11 11 Melville Street Q Have you already explored existing principles of fairness in order to prevent complaints. Vancouver, B.C. V6E 2x5 Co-operation remetties within the public authority? @ By fax: Recognizing the value of co-operation as the primary means to 387-0198 (Victoria) Prior to investigating a complaint, the Ombudsman will encour- achieve resolutions. 660- 169 1 (Vancouver) age, and sometimes require a person to exhaust existing remedies within the public authority. We can assist you by giving you Striving to be consistent, innovative, courteous and impartial at all times @ When the Ombudsman investigates .. . information about existing remedies. with the public and public officials. After an investigation, when a complaint has been substantiated, Leadership she can make recommendations to the public authority that will Ensuring that the Office of the Ombudsman has in place administrative attempt to resolve your complaint and promote fairness. policies and practices that are fair, and consistent with these guiding principles. Page 18 Ombuds report 1994

manage the dramatic increase in Forty years ago a farmer was given permission to complaints received by the Ombudsman bury a creek and subdivide the property through szie 1992 and to prepare for the continued which it ran. Over time, the provisional pipeline initiatives in the Ombudsman's Office swell that is anticipated in the future, we have made intended to contain the creek succumbed to ndergone considerable transition over changes to our operations to improve our efficiency. erosion and the creekgradually regained indepen- he past year. 1994 has been a time for As a result of this review, an Intake Team was formed dence. Unfortunately, it had a penchantjor buse- solidifying our systems foundation and enhancing to receive complaints and provide referral informa- ments and the hum of water pumps became a the automation currently in place. Consolidation was tion to the public. Previously, the Ombudsman's fatniliar sound in the neighbourhood. Residents essential as we moved through the final stages of administrative and investigative staff shared were unable to walk on their lawns with any cer- proclamation and prior to local governments responsibility for the intake function. Since each staff tainty that their weight would be supported, and becoming jurisdictional. was required to perform intake duties relatively analysis of water collected from basements Information systems at the Office run in a infrequently, they had little opportunity to acquire revetiled septic content. The Ministry of Health clientlserver, open-system environment over 3 local and use the skills and knowledge required. We and the Ministry of Transportation and Highways area networks and 1 wide area network. Support was believed that efficiency and service quality would be both assessed the situation and were contemplating provided to 80 users in Victoria and Vancouver for improved by assembling a smaller group of individuals the appropriate action when a resident contacted the 18 application software programs, 8 databases, 10 responsible solely for intake duties. Having a good the Ombudsman to complaiti. She was upset that communication software products, 84 personal working knowledge of community and government someone had approved the burial of the creek and computers and various printers, modems, gateways, resources is a huge undertaking. The staff on this team complained that authorities were not resporiding to routers and bridges. become familiar with community resources, adminis- the matter swiftly enough. The three member Systems Team is responsible trative remedies and appeal processes, and, when it is After receiving this information summary, if she or for both operational maintenance and development. appropriate, give this information to callers. In very he determines the complaint has merit and is within the Typical operational activities include hardware and many cases, information of this sort is just what a caller Ombudsman's jurisdiction, the investigator will contact software support, security, meeting the needs of our wants and needs. The call is recorded as an inquiry, for the complainant and begin the irlvestigation process. users, training and database maintenance. Our "information only" and does not result in formal principal development projects have been to improve complaint intake. The Office is encouraged by the our Case Tracking System, firm up our policies and initial results of this approach. procedures and create long- and short-term systems However, if a caller has an unresolved complaint Ofice of the Ombudsman plans - all in consultation with the users of the for the Ombudsman's attention, intake staff will record systems. the relevant information and forward it in the form of Preparing for our Victoria Office move was the an intake summary to an investigator for review. Here Iephone Calls at Reception major project for 1994. We designed a central are two examples of the type of information an computer room and planned where structured wiring i~lvestigatorwould receive from an intake offker. Month Vancouver Victoria 'rot a1 would go in the new building. We co-ordinated the moving of the equipment with the least "down time" A number of years ago a Corrections Officer was January 7,740 possible. On one April weekend we moved all the cornered in a room and attacked by several February 7,710 hardware and set up the systems for a Monday inmates. The officer sustained multiple injuries March 8,889 morning startup! iticliiding two broken legs, which his doctor April 7,695 We spent much of the summer setting up believed would never fully heal. The officer May 8,389 routines for our backup methods for server software, applied to the Workers' Compensation Board for June 7,783 a permanent partial disability award. The appli- disk storage handling and the exchange of electronic July 6,768 mail with offices external to our own. We have cation was denied on the grounds that the ti11gust 6,965 written stantlards for our Case Tracking database, claimant's condition was attributable to a bone September 7,369 rewritten our User Manual and modified our case disease Ire hurl prior to the injury. The person October 7,171 tracking reports. Our goal was to improve the contacted the Otnbncistnan after an appeal body November 7,789 quality of the reports of the Ombudsman in order to upheld the initial decision. December 6,525 further meet the needs of authorities and of our Total 1994 90,793 own staff. Case tracking screen enhancements, internet usage, network performance tuning, preliminary planning for our Vancouver office move in 1995 and general questions, multi-lingual service and direct year-end statistical analysis took much of our time access to the person or program that callers need to towards the end of the year. reach. Enquiry BC's toll free service has equalized Because of the systems technology in the back- access to government for B.C. residents outside of ground, staff are able to focus on dealing with the Victoria and Greater Vancouver. public and handling their complaints more quickly You Have Questions? All the directories published by Enquiry BC and more efficiently. A recent innovation, the use of contain plain language references to programs and by Susan Park key words when closing a file to identify the nature of services so that people can locate a program without a complaint, enables the investigating team and the Program Manager, Enquiry BC having to know which ministry is responsible for the at the invitation of the Ombudsman authority concerned to determine when a trend is program. The BC Guide contains a large key word developing. (See examples of key word closings for index. The latest edition of the Government e Enquiry BC program was created in 1991 ICBC and Income Assistance complaints on pages 4 Telephone Directory has new individual ministry and 10 respectively.) Staff members in Vancouver and to provide easy access to reliable, current indexes to make locating programs simpler. During infornlation on provincial government Victoria can communicate electronically with one 1994 key word sections were added to all rural another within each office and from one office to programs and services. The progranl operates the telephone directories in the province. Enquiry Centre and is responsible for the publication another; they can communicate with other govern- Enquiry BC is committed to providing quality ment offices and send and receive mail electronically; of the Government of British Coliinlbia Telephone services to the people of British Columbia. We strive Directory, the BC Guide to Programs and Services of receptionists can record and transfer phone calls to continually to enhance and improve our service and each computer station if a person's phone is busy. the Provincial Government and the Province of British publications. We welcome your feedback and Columbia Blue Page listings in all public telephone Investigators can now access the database of some suggestions regarding the program. These can be authorities to get information they need to conduct directories. made to Susan Park, Program Manager at Enquiry BC. The program goals are: an investigation. For example, instead of phoning the @ to provide equal access to current, reliable Corrections Branch to find out how and when a cer- provincial government information for all tain prisoner was transferred from one prison to British Columbia residents another, and having the information sent by mail, @ to provide excellent service at the first point of staff can directly access the Corrections database and contact with government and to refer andlor trans- get the required information. This capacity will fer requests to the correct point in government inevitably be an area of growth for our Office in @ to provide direct answers to common program coming years. enquiries Overall the Systems Team strives to be flexible in 0 to provide cost-effective methods of accessing meeting the operational needs of the Investigation, information about or communicating with the Intake, Administration and Management Teams. Our provincial government aim is to ensure we are using technology to our best @ to assist individuals in identifying the responsi- advantage and to manage its impact on the organiza- bilities of the various levels of government. tion effectively and efficiently in order to provide During 1994 the Enquiry Centre staff handled good service to the public. 686,287 calls. The Centre provides answers to for future improvement. We also found that no warn- ing letter was ever sent to the employer. The Ombudsman sent the preliminary report to the employer company, as a party adversely affected, but received no response. In the report, I expressed concern Workers9 Compensation that in this case the board had not acted in a concerted way to meet its responsibility to prevent injuries. I proposed a number of recommendations to WCB to address specific issues. After a meeting with the Vice-president of the Prevention Division, and a A young electrician iri the Okatlagan suflered a subsequent exchange of correspondence, a resolution to terrible injury in 1989 wide carrying out repairs the complaint was found. aving a lottery terminal in your retail requested by the shift electrician. Shortly after this I had proposed that the Occupational Safety outlet can be beneficial, not only for the incident, the shift electrician was cited by the Workers' Officer's Recommendation for Sanction be entered on lottery income, but for the other Compensation Board for failing to lock oiit energized the WCB computer system so that it constituted part of business people do before or after they buy their equipmerit, as required by Indcrstrial Health and Safety the company's record. This proposal was implemented. lottery tickets. The Ombudsman has received a regulations. The injured worker had started his new job The new Director of Field Services sent a memoran- number of complaints from retailers who were upset only five days before the irijirry occiwred. Five years dum to Prevention Managers directing that essential because lottery terminals were removed from their later, Iie continues to be uririble to work becliu-e of the information from meetings between management, business outlets. They were unclear about what the residiral effects of his serious injury, which also redirces officers and company representatives be recorded. The KC. Lottery Corporation required of them in order his enjoyment of life with his yourig farnily. board also advised us of a plan to establish a complete to have a terminal replaced. The conlplainants ditl central record system in 1995. This plan should address not know whether BCLC had any internal review or me time after the accident, the injured worker the concern about stringent record keeping, and ensure appeal procetlures, nor how to use them if they ditl complained to the Ombudsman about the that all company records are considered in the review of exist. decision of the board's Occupational Safety and safety violations at any work site. When BCLC informed us that they did have Health Division not to proceed with penalty action I also proposed a formal review process to address internal review1 appeal mechanisms, the Ombudsman against his employer. He believed that his former place disputes within the department. In response, the board suggested that they consider distributing information of employment was not adequately committed to established a formal procedure for an officer or. manag- about their appeal process to retailers who dispute employee safety and wanted to prevent further injuries. er to raise concerns about a decision not to proceed with their decisions. BCLC has adopted our suggestion and During our investigation we learned that the penalty action, up to the level of the Vice-president. The will send our Office a draft information package for investigating Occupational Safety Officer had recom- policy also provides for additional safeguards in the our input. mended a penalty of $15,000 against the penalty process. For example, any Recommendation for The Ombudsman commends the Lottery complainant's employer, for failing to provide proper Sanction not approved by a Regional Manager must Corporation for a move that is progressive, positive supervision and instruction of mill workers in now be forwarded to the board's head oflice.. and that enhances administrative fairness. Many lock-out procedures. In making his recommendation, The Workers' Compensation Board had provided complaints can be remedied within the existing the Safety Officer had considered the employer's for worker involvement in the penalty review process BCLC dispute mechanisms once complainants are previous history of lock-out violations. since December 1992, in response to recommenda- aware of the internal review procedures and how to The Safety Officer's recommendation was tions on an earlier investigation. We were informed follow them. This process is a winlwinlwin for approved by the Regional Manager. However, the during this investigation that the new practice was administrative fairness, for aggrieved retailers and for board's former Director of Field Services issued a formally approved by the Board of Governors as the B.C. Lottery Corporation. warning letter rather than proceed with any sanction. board policy in July 1994. This decision followed an undocumented meeting The preliminary report also included a proposal between company and WCB officials. The reason for that the board reconsider its decision not to impose a the director's decision was that the employer had niade penalty on the employer and that the coniplai!lant be commitments to improve the worker safety program. interviewed by the board in the course of its The Safety Officer protested that the decision to issue reinvestigation. There was considerable exchange only a warning letter constituted preferential treat- regarding these proposals. The board initially ment and was contrary to board policy. responded by presenting a different justification for Following our investigation of this complaint we the 1989 decision. The new explanation given for not imposing a penalty against the employer was that the n one day make a difference between being sent a preliminary report to the recently appointed violation had resulted from the independent action equal and not being equal? A number of Vice-President of the board's Occupational Safety of a trained worker, the shift electrician. women receiving Workers' Compensation and Health Division (now the Prevention Division). Following further submissions by the Board widow's pensions found this to be so one day i~r We noted that prescribed procedures regarding sanc- Ombudsman, the board proposed an action plan to 1985 and called the Ombudsman with their complaint. tion recommendations were not followed in this case. address current employee safety concerns at each of the The 1993 CVorkers' Comperisatiori Amendrrierlt Our initial difficulty in obtaining complete informn- employer's mills. After consideration I decided to accept Act repealed Sections 19(1) arid (2) of the Workerj' tion about the undocunientecl meeting with the this plan as a good alternative to reconsideration of the Corriperisatiorl Act. The amendment permitted the company caused concern about deficiencies in the 1989 decision. The board's plan appeared to address my resiunption of benefits for the spouse of a deceased board's documentation and record keeping. In decid- underlying concern about employee safety, which was worker who died after July 1, 1974, if the spouse had ing whether to relieve an employer of a penalty, the also the motivation for the original complaint. benefits terminated because of remarriage or enter- board was required by legislation and policy to I acknowledge and applaud the initiative taken ing a common-law relationship on or after April 17, review the past record and determine whether the by the Vice-president of Prevention towards achiev- 1985. The 1985 date was chosen because it was the default was excusable. The board had no apparent ing a resolution of this very serious complaint. date the equality provisions of the Canadiari Charter authority to waive a penalty on the basis of a promise of Rights arid Freedorris were proclaimed. In 1994 a further amendment repealed Section 19(4) of the Act. Now benefits can be reinstated for Social Refonn through Empowervnent - entourage Volunie 8, Number 1 widows of workers who died prior to July 1, 1974, excerpted from a guest article by the Ombudsman. and who had benefits terminated because they Fairness is a word and concept frequently associated with human rights and remarried or entered a common-law relationship on equality. However, as a concept, fairness is not always fully understood. As a goal, or after April 17, 1985. it is not always achieved. As an element or part of a process it is often, sadly, Despite these amendments to the Workers' albeit inadvertently or unintentionally, lacking. As a word, it is often overused. Corripensatiori Act, an injustice still exists for those ... women who, following the death of their spouse, Three questions remain for me as an Ombudsman: remarried prior to April 17, 1985. 1. As a person in a position of power, as a leader and change maker, do I The Ombudsman believes that the requirements consistently and without misgivings practice what I preach? Have I of administrative fairness prevailed prior to 1985 and ensured that reforms within my own Office are informed through an have been codified in the Canadiari Charter of Rights inclusive, fair and equitable process? and Freedorris. Accordingly, deceased workers' 2. As the person charged with overseeing administration of the govern- widows who remarried prior to April 17, 1985 should ment to determine if it is fair, do I insist and ensure that governnlent be entitled to the resumption of benefits. They process is inclusive, fair and equitable for everyone? should be given fair treatment, regardless of the date 3. As the person responsible for recommending change to government, the equality provisions of the Cliarter were do I inform myself in developing those recommendations through a implernented. process that is inclusive, fair and equitable? woman applied for a position with the reply. They called saying that they were too busy with Section 18 (4) of the Public Service Act provides Liquor Distribution Branch. She came in other pressing matters and that they hoped to reply in the Public Service Appeal Board with three options second to someone considerably junior to early to mid-January, by which time they would have after it has heard an appeal from an employee who her in experience. As a result she appealed the set interview dates for the re-posted competition. We unsuccessfully competed for a position: decision to the Public Service Appeal Board. The expressed our displeasure to the branch. An answer %I) to dismiss the appeal board ordered the branch to "rescind and reconsider" came that day. 8 to direct that the appointment or proposed its appointment. The Appeal Board was not able to I reviewed their reasons and responded with a appointment be rescinded and reconsidered substitute its own judgment on who should have been tentative recommendation that they declare the @ to direct that an appellant be appointed to the posi- appointed because the section of the Public Service Act complainant the winner of the earlier competition, I tion. (This subsection has not yet been proclaimed.) that would have allowed for substituted judgment has also asked that they not proceed with the Because the board cannot direct the appoint- not been proclaimed. However, during the hearing interviews until they had responded to my letter. ment of an appellant, even when to do so is fair, the the board was critical of what it said was the employ- Shortly thereafter, our complainant called to say that way is open for a re-posting, another competition, er's "minimalist" approach to the woman's experience. she had been invited to an interview. We still had not and another appeal on the same position. Just such a As a result of the board's order the employer received any response from the branch. When we case is described in "Rescind and Reconsider" in this rescinded the appointment and re-posted the called them they said they expected to go ahead with report. The government should consider proclaim- competition; it did not reconsider. The woman the competition but would send us a letter the follow- ing this subsection now. complained to the Ombudsman because she thought ing week. Their letter arrived the following week, two the re-posting was not hir. She believed that had the days before our complainant was to be interviewed. brarlch followed the guidance of the board and 'The woman was interviewed and was not offered reconsidered the competition she would have been the position. She has appealed, once again, LO the appointed. As the complainant raised some significant Public Service Appeal Board. issues a decision was made to review the matter. By proceeding with this competition. the branch We looked over the tests of the leading showed a disregard for due process not only with its calldidates, the reasons for judgment of the board, employee but with the Ombudsman's Office as well. and met with the branch. In our view it was possible Ombudsman legislation has given persons the to re-mark the competition. We suggested that the opportunity to have an impartial review of the branch come up with an improved method of process by which government makes decisions. By evaluating both past work performance and choosing to proceed with the re-posted competition F wanted a job; his contract position experience as had been suggested by the board. while the Ombudsman was reviewing its actions and as coming to an end. He decided that It -was early October 1994. The Liquor seeking its response, the branch has effectively denied e wished to drive a bus. B.C. Transit Distribution Branch stated that they wanted to deal our complainant her right to complain. As well, the was hiring drivers and Mr. F tossed his hat into the with this issue quickly in order to get on with other branch has denied itself the benefit of hll discussion ring. But becoming a driver involved jumping competitions including this re-posted one, but not of the issues and the opportunity to either correct an through many hoops. First, one had to pass the initial before resolving our concerns. The branch took some administrative unfairness or be exonerated of any screening. In eight months 3075 persons applied; 231 time to do its re-marking. We reviewed their new claim that it acted unfairly. survived the initial screening. One of them was Mr. F. method and pointed out some shortcomings with it. As a result of the branch's conduct we have decid- Next, one had to take a battery of what might be We proposed an alternative, and knowing their desire ed to continue with the investigation. The fact that the termed "aptitude" tests. Next came the "can you drive for haste,-asked for a quick response. A month went by competition is once more being appealed is of concern a big bus without causing a great deal of trouble?" test. with no.word from the branch. Then our complainant to us. I have recommended that the government Mr. F came through both successfully. Then on to the called. She told us that she had been chosen to write proclaim forthwith s. l8(4)(c) of the Public Service Act, Personnel Department for an interview. Mr. F passed. the exam on the re-posted competition. We called the which would allow the Public Service Appeal Board to The 23 1 being considered were now down to 72. branch and met again. Still no response to our con- appoint an appellant after hearing an appeal. Another interview, this time with the line cerns. In Decembef we wrote them requesting a quick supervisor. The interview was tough, but at the end of it the line supervisor sent Mr. F to the company physician for a physical. The last hurdle, a month and a half after the testing had begun. On June 11 Mr. F passed the physical with flying colours! That Friday night was the best one in a while. Mr. F went home to his family with the good news and a bottle of wine to celebrate with his wife. 'Iivo days later a letter arrived from B.C. Transit informing him, with regret, that they could not offer him a position. Mr. F contacted the Ombudsman. We reported that the Commission was taking steps We reviewed the applications of all 72 persons to seek changes to the Securities Act and Regulations as who attended the Human Resources interview. Our a result of the 1991 Ombudsman's Public Report No. investigation uncovered a number of irregularities. 28 - The Sale of Promissory Notes in British Some, but not all, were based upon the number of Columbia by Principal Group Ltd. applicants processed and the complexities of the hiring process. All the applicants who had the physi- is process was begun on October 7, 1994 cal and passed were hired except Mr. F. We found one when the commission circulated a individual, Mr. V, who had passed all the interviews compendious supplement to its Weekly but who had not been sent to the physical as he Summary (a publication distributed to interested should have been. We did not think that either Mr. F parties in the securities field) in which it invited or Mr. V had been treated fairly. We also thought that industry to comment on its proposed changes to the the hiring process, because of its complexity, was Act and Regulations. Of particular note are those causing unnecessary administrative problems. changes proposed for the sale of long-and short-term We raised our concerns with B.C. Transit. They promissory notes. If enacted, these changes, which were receptive. They agreed that neither Mr. F nor were recommended in our Public Report No. 28, will Mr. V had been treated fairly. They met with them, provide greatly improved protection to unsophistica- and now both of them work for B.C. Transit. But B.C. ted purchasers of these notes. As well, the Securities Transit went beyond doing what was right for these Commission has published a brochure outlining its two; they also invited our comments on the fairness mandate and how it can be contacted for assistance. of their hiring process, as a matter of administration. While we note that the length of time has been As a result they have developed a more efficient arid exceptional for the commission to create a brochure less unwieldy process. The Ombudsman is pleased to and circulate a summary of draft changes, I am pleased deal with an authority that recognizes we are partners that some progress is now being made. in a common cause; we both want what is fair. Ombuds report 1 994 Page 2 1

PSERC and the BCGSEU have signed a memorandum of agreement to work together through the Partnership Council to develop more effective ways of improving service to the public. We are pleased to see PSERC taking a leadership role in co-ordinating personnel matters among ministries. As both the Ornbudsman and PSERC have a fair, open and co-operative public service as our goal, Sfind PSERC's rough her years of employment with the One of the significant changes [in the new Public reluctance regrettable. government she had maintained an Service Act] is that PSERC, unlike its predecessor [the unblemished record. Suddenly the social Governrnent Personnel Services Division] is filnction- I met with the Commissioner of PSERC in the worker found herself involved in a number of ing os a centralized corporate personnel agency. We spring and we exchanged views on a number of topics. disciplinary episodes with her employer. As she was expect to see more of a focus on ensuring consistent and An Ombudsman Investigator also met for a full day with coming towards the end of her career, she spoke to fair personnel management policies across ministries. the directors at PSERC. These were very useful meetings. her union about arranging an early severance However, since that time, in some of the package. ver the last year, PSERC has been moving individual cases the Ombudsman has brought to The government and her union entered into to fulfil that mandate through the PSERC, we have met with some reluctance and negotiations. Unfortunately, while both parties activities of its five branches. confusion on the part of PSERC representatives to believed that they had reached an agreement, they Management Services: understand the Ombudsman's statutory interest in had different views of what that agreement involved. @ produces PSERC News, a quarterly publication personnel matters. PSERC has suggested that in cases of The government believed that the worker was willing to keep government employees up to date with dismissal of excluded public servants, the appropriate to resign without the six months severance pay she developments remedy is for the former excluded employee to take the had been requesting. The union believed that the @ is revising PSERC policy manuals in plain language. matter to court. This may be a non-remedy because of settlement embraced other issues, that the worker Labour Relations Branch: the delay and cost often associated with the court system. had not resigned, and that the severance pay issue @ negotiates collective agreements with govern- The commission has further suggested that in cases had yet to be negotiated. (Eventually, this issue went ment unions and associations. involving unionized employees the provisions of collec- to arbitration and the arbitrator supported the Employee Development and Staffing Branch: tive agreements outline the full extent of the govern- government's position.) O is revising the recruiting and hiring process, mov- ment's responsibilities. This is regardless of whether or A few days later the disagreement between the ing to competency-based hiring; generally that not the administrative matter complained of is negotiating parties became clear. Nevertheless, the means placing greater emphasis on knowledge, addressed in the collective agreement. The legislature, in government maintained its position that the worker skills and abilities as criteria for hiring, rather than passing the Ombl~dsmanAct, clearly gave jurisdiction to had resigned and terminated her pay and benefits, education and years of experience the Ombudsman to review administrative matters such but no one informed the woman of this decision. She @ is expanding the Employee Development Centre as the two noted above. The fact that other remedies was on leave at the time and did not realize what had to improve the ongoing training of current exist does not necessarily remove this jurisdiction. As happened until she received her next month's bank government employees. both the Ombudsman and PSERC have a fair, open and statement and discovered that no pay had been Compensation and Benefits Branch: co-operative public service as our goal, I find PSERC's deposited to her account. To make matters worse, she @ focuses on achieving pay equity throughout the reluctance regrettable. The Ombudsman's view of the had in the interval embarked upon some expensive public service. public service is a unique one, looking at issues with no dental surgery, which would not now be covered. Equity and Diversity Branch: vested interest, only fairness. We believe PSERC would The Ombudsman maintains that the employer BD is reviewing ministries to ensure that there are benefit by listening to the experience of the has a duty to notify an employee when it is taking an equal opportunities for advancement for all Ombudsman as it has benefited by listening to the action as serious as terminating the employee's bene- employees viewpoints of its other partners. Working co-operatively fits. PSERC held that the union was responsible for O provides training on harassment and discrimination and with respect for each others' statutory responsibili- informing the worker about her status. Furthermore, 0 is concluding an agreement with the British ties will advance our common interest in a fair, open and they said they were not able to speak to her directly Columbia Government and Service Employees progressive public service. We are committed to without the union's permission so long as she had Union on a new policy for resolving complaints improving PSERCS understanding of our role, in order grievances in process. We questioned whether those about harassment and discrimination. to facilitate resolutions of the complaints we receive, conditions were still relevant since the settlement which we intend to investigate. PSERC insisted had been agreed upon declared the grievances fully resolved. The Ombudsman made several recommenda- ns to PSERC: 0 that such discontinuances of employment ought to be addressed in the employer's policy to prevent future recurrences that the government pay the complainant's e man had worked for the provincial the terms of his later settlement. Some employees dental costs incurred as a consequence of government for more than ten years when had successfully argued to have the clause omitted. In their failure to inform her his ministry decided to reorganize. He was those cases a clause was inserted saying that in the 9 that the government pay the woman the advised to compete for any new positions as his job event the government rehired the employee during equivalent of about a month's pay and bene- could not be guaranteed. He competed unsuccessful- the severance period, that employee must repay any fits to compensate for the fact that had she ly on two jobs and filed an appeal in one. Shortly severance that overlapped with the new salary. This been told earlier of her employment status after his appeal date was set, he was told that his cur- seemed a fair and practical way to proceed as it she could have made application sooner for rent position had ended. He was offered a severance removed the disincentive to re-employment. the CPP benefits subsequently awarded her, package. One of the terms of the settlement In June 1994 we met with PSERC to review our PSERC agreed to address the policy matter but agreement was that while he was collecting sever- concerns and followed up with a letter asking for a refused to accept any responsibility for the financial ance, he could not apply for or accept employment response. The response essentially stated that PSERC losses suffered by the worker. with the provincial government. He accepted the preferred to have flexibility in these matters. We settlement. continued to pursue the matter and asked for a When the man's appeal came before the Public detailed response, asked if there were any recent Service Commission, the government successfully policy discussions on the issue and invited discussion argued that as he had agreed not to work for the in order to define our common ground more government there was no point hearing the appeal precisely. PSERC's response indicated, once again, because, even if he were successful, the government that they preferred to have flexibility in these matters. would not have to hire him. The man appealed for As well, they noted that the severance policy was assistance to the Ombudsman. currently under review but that our suggestions We had previously raised concerns regarding the would be considered. We have yet to be advised of the use of the work restriction clause in severance outcome of that review. agreements. We were concerned because not all I will continue to pursue this issue in 1995. severance agreements contained the clause. In the case cited, the employee did not appreciate that his existing appeal in a competition would be affected by Page 22 Ombuds report 1994

such as job exposure, self-study, volunteer work 8 only qualifications that contribute to perfor- Guest or life experiences, are not considered. mance and are required at entry are assessed Comment The K.S.A. model of competency-based hiring O diversity of backgrounds is considered focuses on identifying the Knowledge, Skills and @3 artificial barriers and restrictions are removed Abilities (KSAs) required in a job and developing from the selection process. testing methods that accurately and fairly test these Further information is available from the qualifications. Teanis of employees from one job type Selection Standards Project in the Public Service are led through a process to identify specific qualifica- Commission, 541 Superior Street, Victoria, KC. b). Brian Green tions for their positions and related assessment meth- V8V 1x4, or by calling (604)387-0433. Public Service Employee Relations Commission ods. The KSA approach is more inclusionary in that: at the invitation of the Ombudslnan

applying for a job, the first thing you do e your resume, perhaps gearing it to the position you're applying for. You try to make it as i~npresssiveas possible, so that it will pass the ini- tial screening. Then you find several people to act as resort owner claimed that she had paid her once or twice a month the organization actually did find references for you. You familiarize yourself with the property taxes with two cheques, only one some documentation that had been overlooked, usually qualifications for the job and try to prepare for the of which was properly credited. The other, because the material was in an unusually thick envelope interview - if you get one. she was certain, had been misplaced or lost by the that caused the sensor to miss it. Any material found was The Provincial Government, in partnership with Surveyor of Taxes office. Not only did she not receive immediately returned to the surveyor's office. the B.C. Government and Service Employees Union, credit for her taxes, but she was penalized for failing The office processes one and a half million is trying a new approach to hiring for government to pay on time. She complained to the Ombudsman. pieces of mail a year, yet claims of documentation jobs, competency-based hiring. We visited the surveyor's office to review the having gone missing are relatively few. It's not In the past, formal levels of education and years process by which incoming mail was opened and sorted. beyond the realm of possibility that an item could of experience were used as minimum qualifications All envelopes were loaded upright in a machine that slit slip through this system undetected, but it is very and were assessed prior to considering a person's them on three sides as they came through the feeder. unlikely. The Ombudsman was satisfied that the knowledge, skills or past performance. Using these Each envelope was presented to a clerk in the form of a procedure for handling the mail was as careful and hctors as screening criteria presents a number of "V" with the contents exposed. The clerk removed the comprehensive as could be expected. problems: contents and placed them in designated compartments, 8 credentials and years of experience are, in many while the opened envelope continued down a conveyor belt past a sensor that detected any remaining contents. cases, of limited value in predicting success Finance & Employment Team tP over-reliance on these factors to the exclusion of If anything was detected, the conveyor automatically others can discriminate against persons who have stopped and a clerk extracted the contents. The envelope Files Open Dec. 31, 1993 384 then dropped into a box which, when filled, was sealed had yroblenls in accessing higher education or Files Received in 1994 1498 who have had to leave the work force because of and placed in a vault to await pickup by a service orga- child raising responsibilities or, in the case of nization. Twice a week the service organization took the Closed - No Investigation 83 1 non-traditional careers, have not had the boxes to its premises where workers again checked the Closed - Investigation 693 envelopes against a high-powered light before tearing opportunity to gain lengthy on-the-job experience Internal Team File Pansfers 358 @ other means of gaining skills and knowledge, them to remove postage stamps. We were informed that

Authority

12th And Oak Site (VtIHSC) Architectural Institute of B.C. Association of Physiotherapists & Massage Practitioners Association of Professior~alEngineers & Geoscientists B.C. Ambulance Service B.C. Assessment Authority B.C. Building Corporation B.C. Cancer Agency B.C. Chldrens' Hospital B.C. Ferry Corporation B.C. Hydro & Power Authority B.C. Institute of Technology B.C. Lottery Corporation B.C. Railway Company B.C. Systems Corporation B.C. ?iade Development Corporatior1 B.C. 'I'ransit Authority B.C. Wornen's Hospital & Health Centre Bella Coola General Hospital Board of Dental Technicians & Denturists Board of llegistration for Social Workers Uurnaby General Hospital Cabinet Carnosun College Cayilano College Cariboo Memorial Hospital Certified General Accountants Association of B.C. Chilliwack General Hospital College of Dental Surgeons of U.C. College of New Caledonia College of Pharmacists of B.C. College of Physicians & Surgeons of B.C. College of Psychologists of B.C. College of 'reachers Con~rriissionon Resources and Environrr~ent Conflict of Interest Comn~issioner Cowichan District Hospital Cranbrook Ilegional Hospital Dawson Creek District Ifosyital Douglas College Dr. tfeln~ckenMemorial Hospital Eagle Ridge Hospital (FBHS) East Kootenay College Forensic Psychiatric Institute G.E Strong Centre George Pearson Centre Gorge I

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Kootenay Lake District tlospit.~l ~~vantlenCollege Lady Minto Gulf Islands Hospital Land Surveyors of B.C. Laogley iMemord Hosptial Law Society of British Colunibia Lions Gate Hospital hlalaspina Colleg Maple Ridge Hospital Mater htisericordiae Hospital hlatsqui General Hospital Ministry of Aboriginal Affairs Ministry of Agriculture, Fisheries & Food Ministry of Attorney General Ministry of Education Ministrv of Energy,-. Mines & I'etrolcurn ~esou;ces Ministry of Environnient, Lands & Parks Ministry of Finance & Corporate Relations Ministrv of Forests klinistr; of Government Services Ministry of Health Ministry of Housing, Recreation & Consumer Services Ministry of h.lunicipal t\fhirs Ministry of Skills, Training & Labour Ministry of Small Business,'Iburism & Culture Ministry of Social Services Ministry of Transportation & Highways Ministry of Women's Equality Mission hlemorial Hospital Municipalities Nauaimo Regional General Hospital Nicola Valley General Hospitd North Island College Northern Lights College Northwest Comniunity Colleg Office ofthe Auditor Generdl Open Learning Agency Peace Arch District Hos~ital Penticton Regional Hos&d Port Hardy Hospital Port hlcNeill District Hosuitd ow ell River General ~os&al Premier's Office Prince George Regional Hospital Prince Rupert Regional Hospital Public Schools Queen Alexandra Hospit.il Real Estate Council Regional Districts Registered Nurses Association of B.C. Richmond General Hospital Royal Columbinn Hospital (FUHS) Royal Inland Hospital Royal Jubilee Hospital (GVIIS) Saint Mary's Hospital School District #O1 (Fernie) School District #02 (Cranbrook) School District #03 (Kimberley) School District #07 (Nelson) School District #09 (Castlegar) School District #I0 (Arrow Lakes) School District #I 1 (Trail) School Distrcict #I2 (Grand Forks) School District #13 (Kettle Valley) School District #14 (Southern Okanagan) School District #I5 (Penticton) School District #16 (Keremeos) School District #I8 (Golden) School District #I9 (Revelstoke) School District #22 (Vernon) School District #23 (Ccntral Okanagnn) School District #24 fKamloops) School District #27 (Cariboo-Cliilcotin) School District #28 (Quesnel) School District '129 (Lillooet) School District tt30 (South Cariboo) School District #32 (Hope) School District #33 Chilliwack) School District #34 (Abbotsford) School District #35 (Langlcy) School District #36 (Surrey) School District #37 (Delta) School District #38 (Richmond) School District #39 (Vancouver) School District #4O (New Westminster) School District #41 (Burnaby) School District $42 (Maple Ridge) School District #43 (Coquitlam) School District 144 (North Vancouver) School District #45 (West Vancouver) School District #46 (Sunshine Coast) School District #48 (HOW Sound) School District #49 (Central Coast) School District #52 (Prince Rupert) School District #54 (Bulkley Valley) School District #57 (Prince George) School District #59 (Peace River South) School District #60 (Peace River North) School District #61 (Greater Victoria) School District $62 (Sooke) School District #63 (Samich) School District a64 (Gulf Islands) School District #65 (Cowichan) School District #66 (L'lke Cowichm) School District #68 (Nanaimo) School District #69 (Qualicum) School District #70 (Alberni) School District #71 (Courtenay) School District #72 (Campbell River) School District #75 (Mission) School District #76 (Agassiz-tl,~rrisio~~) School District #80 (Kitimat) School District #81 (Port Nelson) School District #84 (Vancouver Island West) School District #85 (Vancouver Island North) School District #86 (Creston-Kaslo) School District #89 (Shuswap) Selkirk College Shaughriessy Site Hospital Shuswap Lake General IIospital Simon Fraser University Society of Notaries Public South Okanagan General Hospital Syarwood General Hospital St. Joseph's Hospital St. Paul's Hospital Sunnyhill Hospital for Children Surrev Memorial Hosuital Trail Regional l lospital UBC Site (VHHSC) University College of the Cariboo University College of the Fraser Vdley University of British Colu~nbi;~ University of Northern B.C. Universitv' of Victoria Vmcouver Conununity College Vernon Jubilee Elospitiil Victorid Gelleral Hospitd (GVtIS) West C0.w Gener.il tlosyitd Workcrs Comperis~tionBoanl CTotal The Ombudsman directed several significant Follow-up recornmendations to the provincial government and Q making it easier for family members of Ombudweport I the Ministry of Health. While aware that these are highly contentious issues, the Ombudsman hoped the patients to advocate effectively on behalf of page 19 their loved ones recommendations might contribute to reinvigorating @ encouraging staff persons to view advocacy a consultation process around the Mental Health Act, for patients as a legitimate part of their role as which ended without success in 1993. The process has professionals not yet been reinstated. Listens and Responds 8 supporting patients in their efforts to The Ombtrclrnran hopes to complete her investiga- advocate for themselves, regardless of disability din and to release ker Public Report, Listening: A Q establishing minimum standards governing Review of Riverview Hospital, in April 1994. the frequency and quality of ward meetings @ recognizing the legitimate role of a patient- istening was released to the public in late run advocacy body independent of the May 1994. The Ombudsman was pleased to hospital's governing authority. be joined at the press conference announcing its release by Dianne Macfarlane, President of lliverview Hospital, and Roderick Louis, Chairperson of the Patient Empowerment Society (PES) at Q adopting and implementing a draft Hospital's Riverview Hospital. Both expressed their full support Charter of Patient Rights to serve as the for the ninety-four recommendations in the report. foundation for creating a patient-centred Their presence and support reflected the significant culture at the hospital distance those parties had travelled during the course Q appointing a Patient Relations Co-ordinator of the Ombudsman's investigation. Concerns about Listening recommended that the provincial at a senior level of administration to develop the openness of Riverview Hospital's administration government appoint a Mental Health Advocate for and promote mechanisms for responding to to collective patient self-advocacy represented by the B.C. We believe such a position is essential to ensuring complaints PES originally led to the investigation. Tensions over that the principle of consumer advocacy in mental 8 permitting patients to request and receive a this issue remained high several months into the health services is adopted beyond the grounds of change of care givers Ombudsman's involvement. We were gratified with Riverview I-Iospital, and becomes a central focus of @ establishing a process by which patients can the progress achieved by the time the report was provincial services. The Minister of Health announced request and receive second medical opinions released. his support in principle for this recommendation, arid on treatment questions. .. . our concern [was] that this systemic set up a comniunity consultation process. I look forward to hearing from the ministry in the near investigation produce results not only for future on tlie outcome of this process. the hospital, but also for the wider 8 proposed changes to mental health legislation merled health service system. .. .patients [should have] the same right to provide involuntarily detained patients to pre-plan heir medical care during Many of the recommendations in Listening deal with greater safeguards about giving consent with how to foster and support advocacy by and for periods ofmental well-being us will be to psychiatric treatment consumers of mental health services, particularly in a available to all other people under U.C.5 O giving patients the same right to pre-plan psychiatric hospital setting. In addition to advocacy, usetv guardianship legislation. their medical care during periods of mental Listening addressed several ways in which Riverview well-being as will be available to all other tiospital needed to improve its internal processes for The recommendations to the Ministry of I-Iealth, people under B.C.'s new guardianship dealing with complaints made by patients and their as well as several dealing with the crucial area of legislation families. discharge planning for Riverview Hospital patients, 8 appointing a Mental Health Advocate for the After releasing the public report, tlie reflected our concern that this systemic investigation province of British Columbia, with the Onibutlsman set up a process for obtaining quarterly produce results not only for the hospital, but also for following mandate: progress reports from the hospital on the the wider mental health service system. This is * to report annually and as required to the implementation of recommendations. We are especially important because the downsizing of public on the state of the mental health pleased that the Board of the B,C, Mental Health Riverview Hospital continues. The present 850 beds service system in B.C., and on the issues Society, which operates Riverview Hospital, and the will be reduced to 300, while 250 tertiary in-patient being encountereti by consumers, service hospital's administration and staff have moved beds are created in regional facilities around B.C. providers, advocates and those they support energetically on implementation. In October 1994, The central message of Listening is that the goal of * to provide a single information and referral the hospital appointed two Co-ordinators of Patient meeting a greater part of our mental health needs source for advocacy resources in mental Relations, one a consumer of mental health services. from community-based services must go hand-in- health services in B.C. hand with a coriviction that the consumer's voice A Hospital Task Force con~posedof staff, patients and The central message oflistening is that family members has been drafting detailed state- should be heard in the design and delivery of those ments of what each right in the Hospital's Charter of services. The downsizing of Riverview Hospital and the god of meeting a greater part of our Patierrt Rights means, and how the rights can be the transition period of returning health care services mental health r~eedsfiomcomrnuraity- activated in hospital programs and services. Work "closer to home" provide an ideal time for the based services must go hautd-in-hand appointment of a Mental Health Advocate to safe- continues on developing policies to provide change with a conviction that the conszmer's of care giver and second opinion opportunities, as guard the interests of consumers and their families. / well as a host of other policies to meet our We intend to keep this message at the forefront of our voice should be heard in the design arid recommendations. ongoing follow-up to this investigation. delivery of those services.

Riverview Hospital Charter of atient Ri February 1994, an excerpt Quality of LifeISocial Rights Quality of Care1 Therapeutic Rights Self-determinationILegal Rights 1. The right to a safe and secure environment. 1. The right to choose care givers and care environ- 1. The right not to be detained unless the rules of 2. The right to be treated with dignity and respect at all ment where possible. natural justice and fair procedure are followed. times. 2. The right to be involved in discharge planning 2. The right to see hidher hospital record, to attach This right applies also to patients' family from the time of admission. a statement of corrections and to have specific members, significant others and friends. 3. The right to receive reasonably full and complete parts of the record copied, without charge, 3. The right to an appropriately prompt, reasonable information concerning treatment in terms and unless harmful to third parties or self. and courteous response to requests for services or language that can reasonably be expected to be 3. The right to be provided with a written copy of information. understood. the Riverview Hospital Charter of Patient Rights 4. The right to privacy for sexual activity between addt 4. The right to be free from chemical and physical and to have it posted in every patient dayroom patients subject to capacity to consent and to engage restraint, except in an emergency where it is and at every main building entrance. in safe sexual practices. necessary to protect the patient from injury to self 4. The right of access to an organization indepen- 5. The right to uncensored and unobstructed or others. The physician must have authorized this dent of Riverview Hospital to investigate alleged communication by telephone, letter or in person restraint for a specified and limited period of time. violations of these patient rights. with any willing partner. Qmbudsreport 1994 Page 25

not just to "survive" advocacy but to collaborate Guest constructively with patients and their families. A Comment cultural shift like this is not tinkering around the edges - it's fundamental and it's got to do with power and shifting the balance of it. At Riverview 1800 staff community agency complained to the Riverview Has would be asked to give up some of their power in Ombudsman that the B.C. Ambulance their one-to-one clinical relationships with patients Service was not taking universal Review and their family members as they developed care precautions when dealing with patients. Instead, ambulance attendants were inquiring about the HIV by Dianne Macfarlane plans. In addition, a new infrastructure needed to be status of patients, in order to determine what President and C.E.O., Riverview Hospital developed to include patients and family members in precautions they should take. The agency felt these at the invitation of the Ombudsman the larger organizational decision-making process. The organization was anxious about the investi- inquiries were intrusive, and often put other professionals in the awkward position of being asked like to say a few words about the fascinating gation. They felt there had been enough public for confidential information. We contacted the process that began in the fall of 1992 when the scrutiny and enough criticism. Ombudsman's Ambulance Service to review their policy. Ombudsman began her review of Riverview investigations and reports are not usually welcome The policy presupposed that a patient with AIDS Hospital. I'm not sure either the Ombudsman or I events. However, as the Ombudsman and her staff would have visible symptoms, or that the ambulance knew what to expect. However, in retrospect, the began to compile their data, identify common attendant would have acquired information success of the process seems to have hinged on a themes and develop preliminary recommendations, regarding the HIV status of the patient. In addition, number of variables that came together: so too did the new board and the senior management the policy included conflicting and ambiguous 8 a new Ombudsman prepared to tackle a very team. And the ideas from these two processes of - instructions, making specific reference to precautions complex subject inquiry built one upon the other and served to taken "when transporting AIDS patients:'while at the O a new Board of Trustees committed to making a reinforce each other's findings. With each passing same time suggesting universal precautions for all difference for those the organization serves month, the kinds of changes that were needed and patients. Since persons infected with HIV, whether or 8 a consumer advocate with solid external support how they could be made became clearer to us and to not they have developed AIDS, can transmit the unprepared to accept no for an answer the Ombudsman. Perhaps the best example is the virus, it seemed to us that the attendants should be 8 a new senior manager building a management evolution of our thoughts on advocacy services. In retrospect, it was fortunate that the scope of the review taking universal precautions for all patients, rather expanded and both the review and the report took than attempting to identify HIV patients longer to complete than we originally anticipated. The The Ambulance Service is currently rewriting its extra time allowed us to work together to refine the policy manual, specifying that appropriate, . / ideas on advocacy that were being promulgated in the precautions apply to all patients. A copy of the draft hospital and those that appear in the report. policy regarding universal precautions has been reviewed by our Office. The service will show us the The process the Ombudsman followed in final revision before it is released to the field. her review of Riverview Hospital was, in my view, a model process, an ideal process. Positive change is occurring at Riverview Hospital and the process of the Ombudsman's Listenirig review person who described herself as an elderly has been a pivotal element in facilitating this change. lady said that she had a complaint against Her report also lends credibility and external validity to a long-term care facility where she was a the conclusions reached internally by the board and resident. She told the Ombudsman that the nursing senior management. The balanced tone and tenor of staff were treating her and the other residents poorly. the report also helped the staff respond positively to the According to her, staff had lied to her, stolen from recommendations. her, abused and embarrassed her. She recalled one Each of these four functioned as an advocate for The process the Ombudsman followed in her incident of a nurse accusing her of hiding some change during the process. The first twelve months review of Riverview Hospital was, in my view, a model medication down her blouse. She said the nurse had were very challenging as we tried to lay the ground- process, an ideal process. Though it may not always be pulled her blouse open to search her. As if this were work within the hospital for a more receptive and attainable, the Ombudsman and the authorities she not bad enough, the incident had happened in front supportive service approach that puts the customer reviews can always strive for this ideal. of a room full of people, causing her a great deal of at the centre. We also knew we needed to find ways embarrassment. When the woman spoke with the director of the facility, the director told her she had no idea that these events had been occurring. She assured her, however, that she would have a staff meeting to look into the matter. We interviewed the facility's senior staff about the woman's allegations and reviewed the man was so seriously injured in a motor down payment, the woman held her interest in the relevant nursing notes. We found extensive notations vehicle accident that he was no longer home in trust for him. The Trustee said that any claim on the woman's file concerning the allegations. All .capable of managing his own financial or she had to recover funds from the home amounted to the incidents she had spoken of had been legal affairs. The court appointed his wife to be his a claim for maintenance from his estate and, as such, documented and investigated at the time they were "committee" or substitute decision maker. She took would have to wait until litigation over the accident reported. We noted that these investigations were care of him in a home she purchased in both their had concluded and it was known what funds he had. competently done by appropriate staff and all the names. For the down payment she used an advance on The woman disagreed with this opinion and complaints had been found to be without merit. Of her husband's insurance from the accident claim. She contacted the Ombudsman. After investigating the particular relevance, the file noted that all of this contributed her own sav- matter, we concluded that activity had occurred at a time when the woman's ings to renovations that One of the roles of the office of the the Public Trustee had condition had been deteriorating. Shortly thereafter, made the Public Trustee is to monitor the interpreted the circum- she needed psychiatric intervention and hospitaliza- stances quite strictly. That accessible. Recently, her performance of private persons who are tion. By the time we completed our investigation the husband's physical needs the husband's funds had woman had been released from the psychiatric made it necessary for him appointed by court order to act as gone to the down pay- hospital and her condition had improved to the extent to move into an extended committee of an adult's financial affairs. ment, while his wife's had that she was living successfully in independent care facility. The woman gone to other expenses, lodgings in the community. We also found that she put the house up for sale, for which she needed the including renovations, seemed mostly a matter of was by then in regular contact with a Ministry of Public Trustee's consent. One of the roles of the office accounting. The home was certainly a family asset, Social Services Seniors' Counsellor, with whom we of the Public Trustee is to monitor the performance of and would in all likelihood, if the marriage were confirmed that she was managing well in her new private persons who are appointed by court order to dissolved, be divided equally between them. environment. act as committee of an adult's financial affairs. The We asked the Public Trustee to reconsider the When we receive complaints from persons Public Trustee consented to the sale. matter. She did so, and advised us that she had removed residing in long-term care facilities, we usually However, when it came to dividirig the proceeds of her objection to the division of proceeds, subject to attempt to resolve them in close consultation with the sale between the woman and her husband, the receiving further accounting records showing more the complainants, their families and the facility staff. Public Trustee objected. She argued that as the clearly what contributions the wife had made. Most often this method resolves the complaint to husband's insurance proceeds had gone towards the everyone's satisfaction. -Page 26 Ombudsreport 1994

e Ombudsman's Health Team deals with Authorities Act sets up the new boards andcouncils. The has the potential for enhancing fairness. complaints made against a number of schedule to the Ombudsman Act was amended to 1994 was the first opportunity for our Office to authorities operating in the health and include these new bodies within our jurisdiction. maintain statistics for hospital complaints over a health-related fields. These include programs operated one-year period. Almost half the cases closed in 1994,75 by the Ministry of Health such as Pharmacare, the B.C. We are that a health service out of 159, were closed as "Without Findings - At Our Ambulance Service, the Mental Health Services model that focuses on decisions being Discretion." That is to say, in these cases we realized that Division, and the Continuing Care Division; the the complainant had not utilized the hospital's internal closer to the service reci~ient1 has Medical Services Commission; Riverview Hospital; and the potential for enhancing fairness. complaint-handling mechanism. The Ombudsman's the Forensic Psychiatric Services Commission. The role in many cases is to give a person particulars about Health Team also handles complaints against the The process of designating boards and councils how and to whom to complain. Hospitals should have Services to Adults division of the office of the Public and appointing their first members advanced rapidly in the first opportunity to resolve complaints against Trustee. In 1993, the Ombudsman acquired jurisdic- 1994. Our Office is not yet aware of the full impact New them. Therefore, with the person's permission, we send tion over two new authority groups: acute care hospi- Directions will have on our investigative role in health the complaint to the hospital, asking them to investi- tals, and the governing bodies of self-regulating health matters. Different regions are at various stages of devel- gate. When we do this, we always tell complainants that professions, such as the College of Physicians and opment. Some organizations and communities are if they are not satisfied with the hospital's investigation, Surgeons and the Registered Nurses Association of B.C. struggling with the changes. To date, however, we have they may contact our Office again and we will review The health field in this province is undergoing not received many complaints. A considerable number and possibly investigate the complaint. We are happy to dramatic changes. The New Directions policy of the of new board and council members attended a panel report that, in the majority of cases, the hospitals were provincial government is introducing a new regional discussion that included the Ombudsman at the able to resolve the matter to the complainant's satisfac- governance structure into health care. Over 100 Health Trustees Association annual conference and tion without direct involvement of our Office. These Regional Health Boards and Community Health learned about the work of our Office. We will con- figures suggest, however, that hospitals could improve Councils will take over much of the decision-making tinue to monitor developments in this area closely. We how they share information with patients about their authority exercised until now by the Ministry of Health are optimistic that a health service model that focuses internal complaint-handling mechanisms, before and individual hospital and service societies. The Health on decisions being made closer to the service recipient complaints are made.

veral months after she had been letter to the woman on April 18, 1994, s. M suffered a miscar- from Legal Aid, who referred her to the injured, a wonran consulted an acknowledging receipt of the April 3 riage in Grace Hospital Ombudsman. The case was give11 orthopedic surgeon. The physi- letter from our Office. They informed twenty weeks before her priority because of the effect events cian asked his secretary to call Lions Gate her that they were inquiring into her due date. Within twelve hours of the were having on the mother's grieving Hospital, where she had been treated, in complaint and asked her to contact the miscarriage, the hospital conducted an process. order to determine if X rays had been hospital to set up a meeting with the autopsy, against the mother's wishes. Our Office notified B.C. Women's taken at the time of her injury. Vice-president of MedicalIDiagnostic She had not wanted an autopsy Hospital and Health Care Society of this According to the woman, she was Services. The purpose of the meeting was performed because she did not want to complaint and asked them to investi- standing within earshot of the conversa- to ensure that the details of the woman's find out that she may have contributed gate. They did so quickly. The hospital's tion between the physician's secretary concerns were clear to the hospital, so to the death of her child. She also felt investigation showed that their proce- and the hospital's representative. She that they could address the issues to her that having the autopsy performed dures regarding the disposition of the heard the hospital representative confirm satisfaction. The woman did so. while she was still in the hospital had body of a premature infant needed clar- the fact that there were no X rays taken at On June 2, 1994, the hospital out- hindered her healing process. Because ification. The hospital staff also the time of her injury in October 1993, lined to the woman what they had the physician who performed the reviewed the guidelines for performing but that she had been given a mammo- done. The Administrative Director of autopsy had imposed a quarantine, Ms. autopsies and for obtaining parental gram several years previously. Imaging Services reviewed the woman's M could not view the remains, and consent. As a result of this investigation, On April 8, 1994, the woman concerns with her staff. Appropriate could not hold a service. the hospital has now implemented poli- contacted the Ombudsman. She was clerical staff were instructed that only While still at the hospital, Ms. M cies outlining the steps required before concerned that the hospital had not information requested is to be given signed a paper approving burial Embryo Pathology requisitions are sent confirmed the identity of the caller out. Also, staff are to check the identity arrangements. She agreed to cremation to the Pathology Department with fetal and had given out personal informa- of the caller by requesting the physi- because the Ministry of Social Services remains. Parental consent must be tion that was not only confidential but cian's billing number if they do not rec- told her that they would not pay for a obtained prior to an autopsy of fetal was not requested. ognize the voice on the telephone. burial when there is no birth certificate. remains, regardless of gestation (or age Our Office sent a letter to the hos- Apparently, in this particular instance, The hospital gave her a phone number of the fetus), following a spontaneous pital notifying them of this complaint. the Imaging Department were familiar for a Vancouver crematorium and told abortion. A patient must also be fully We asked them to investigate and to with the orthopedic surgeon's secretary, her that the ashes would be available in informed of how the body will be report back to both the complainant as they receive frequent requests for thirty days. When Ms. M phoned the disposed of and must give her consent. and our Office. We also wrote to the information from his office. crematorium to pick up the ashes they The hospital informed Ms. M of complainant to tell her what we had The hospital invited the complainant told her that they had never received the the policy changes. She was pleased done. We invited her to contact our to contact them if she was dissatisfied with remains. Ms. M then called the hospital that they had modified their practices, Office again if she still believed she had their handling of her complaint. To date, and to her dismay, discovered that the and that other women would not have been treated unfairly, once the hospital the woman has not recontacted either the hospital could not locate the remains. to go through what she had. had reviewed her concerns. hospital or the Ombudsman's Office in Greatly upset, she sought assistance Lions Gate Hospital promptly sent a relation to this matter.

e difficulties of being an immigrant, unable Mrs. J had received a letter dated February 7, 1994, December. She felt that her friend was being penal- to speak English, and soon to give birth were confirming coverage retroactive to September 1993. ized for difficult circumstances beyond her control. compounded for Mrs. J. She arrived in Canada The Medical Services Plan later took the position While we agreed that the correct date for coverage to in June 1993. Upon arrival, her husband contacted the that because she had not become a permanent commence would have been April 1, 1994, we were also Medical Services Plan to obtain coverage for his wife. resident until December 1993, she was not eligible for aware that MSP had written to the complainant confirm- The plan told him that she would be eligible for coverage coverage until April 1, 1994. Needless to say, Mrs. J ing coverage effective September 1, 1993. We suggested as of September 1, 1993. Mrs. J gave birth in September, felt this was very unfair. A friend, acting as her agent, that the plan write a formal letter of apology to the and her child was then added to the father's medical contacted the Ombudsman. She explained that Mrs. woman, or abide by the commitment made in their letter coverage. Mr. and Mrs. J were confident that the $6000 J had intended to apply for permanent resident status of February 7,1994. MSP took the second option, provid- medical expense related to the birth could be billed to upon arrival, but the birth of her child, and a family ing Mrs. J with coverage retroactive to September 1,1993. the plan. However, this was not to be the case, although tragedy had made it impossible for her to apply until Qmbudsreport 1994 Page 27

3. The Ministry of Health and the Attorney General should recognize the importance of informing the college of all proposed and proclaimed amendments to their governing statute, and explore a new method of improving communications to ensure this recommendation Ombi~clsrrranSpecial Report No. 16, 1994. is implemented. surgical procedure, which is normally cov- When a special Resolution imposes conditions Nikki Merry accused her physician of . ered by the Medical Services Plan, cost a or restrictions on a physician, the college must sexually assaulting her. The physician woman $2354 for the surgeon, and $1401 ensure that the public is protected by: was subsequently charged and convicted for her hospital stay. She complained to,,the @ making a clear distinction between "prescrip- of the offence. After the matter was aired publicly, the Ombudsman that MSP had refused to tion" and "administration" of controlled and Minister of Health expressed concerns to the authorize the surgery, which she said was medically narcotic drugs Ombudsman about how the complaint had been necessary to correct a problem resulting from several 8 giving effective notice to the public about handled by the College of Physicians and Surgeons. births by Caesarian section. restrictions placed on a physician's practice Governing bodies of professional and occupational We found that MSP had, at the surgeon's request, @ adopting more timely peer review when a associations, such as the College of Physicians and authorized payment under the Medical Services physician's practice is restricted Surgeons, had come under the jurisdiction of the Commission Fee Item 6152. However, it appeared that Q) exploring ways of obtaining direct patient Ombudsman just one month earlier, in October 1993. the surgeon had not communicated this information input about a physician's conduct. EIaving obtained Ms. Merry's pern~ission, the to the woman. Furthermore, he had suggested a more 5. The Office of the Crown Counsel is reviewing Ombudsman gave formal notice to the college of her elaborate procedure, usually billed under Fee Item the policy entitled "Professional Organizations- intention to investigate their handling of the corn- 6155. Not knowing that the less elaborate procedure Allegations of Criminal Offenses by Members." plaint about Dr. Thomson, the physician concerned. had been authorized, the woman agreed with her The review should examine ways to improve The focus of the Ombudsman's investigation was the surgeon's proposal, and opted for the more elaborate exchange of information among the investigating college's initial intake process and its subsequent pre- procedure. MSP confirmed that no billing for the police agency, the Criminal Justice Branch and liminary investigation of Ms. Merry's complaint. surgery had ever been received, but since Fee Item the College of Physicians and Surgeons. With 6152 had been approved, the plan was able to make A Summary of the Ombudsman's current information, the college will be better payment for that portion of the surgery. They Recommendations able to fulfil its obligation of investigating in a determined that the woman was responsible for the 1. The college should develop written investigative timely manner all complaints received from the additional surgery, which was regarded as cosmetic. policies and procedures in order to define and public. The review should also specify the process When we gave the woman this information, s' clarify the college investigator's role and respon- to be followed to determine if and when the col- obtained reimbursement from her surgeon, equal to sibilities during investigations. Comprehensive lege should cease investigating a matter pending the payment he received from MSP. However, the hos- written investigative policies and procedures any criminal investigation and/or prosecution, pital refused to provide reimbursen~ent,citing a sec- should incorporate the following: and who is responsible for communicating with tion of the B.C. Hospital Programs Policy related to an @ College investigators should gather facts only the complainant or victim in such a case. and leave the testing of facts to the counsel of uninsured procedure performed concurrently with an the college in preparation for a formal hearing. insured procedure. The policy states that "charges for Within a reasonable period after the initial the uninsured service shall be the same as charges that interviews, the investigator will fortnalize the would have been levied if the patient had come to the complaint in writing. The time should be hospital solely to have the uninsured service per- sufficient for the investigator to gather the formed." As the woman had not been aware that she relevant information and for the complainant had a choice between an insured and an uninsured to have the opportunity to review, correct and procedure, application of this policy seemed unfair. approve the complaint statement. The Ministry of Health agreed, and directed the @ The college should chi+ and define the role hospital to reimburse the woman. She was able to of its staff and support person during an obtain the money just prior to Christmas 1994. interview. 63 College policy should clarify: woman wanted to change her name. A when a complainant may have a support lawyer, acting on her behalf, obtained a person Change of Name Certificate for her in April that the investigator will advise the 1993. On May 12, 1994, the lawyer wrote to the Vital conlplainant of her right to a support Statistics Division, requesting a birth certificate in the person and provide her with a copy of the wornan's new name. The cheque required to cover the relevant policy cost of this service was cashed by the division on May 20, that the complainant may choose the 1993. However, after numerous telephone calls arid letters, support person. When no support person is the lawyer had still not received the new birth certificate Two essential elements to fulfil the Obudsman's available, the investigator may suggest the when he contacted our Office in February 1994. mandate are guaranteed confidentiality and her unre- female intake person recommended in When we contacted the Vital Statistics Division, stricted access to information. There are others who are Crossing the Boundaries, the Report of the we were told that the new birth certificate had been also under a confidentiality requirement such as those in Committee on Physician Sexual mailed to the lawyer's client at her out-of-province the medical profession. An amendment to the Medical Misconduct, 1992. address. The lawyer expressed great surprise at this. He Practitioners Actwas recommended by the Ombudsman @ The college should instruct its investigators explained that his client did not live out of province, to balance the interests being served in both cases. on when the "reasonable woman" standard and to the best of his knowledge had never lived at the Section 61(3) of the Medical Practitioners Act may be relevant and important to apply address provided by the division. We contacted Vital reads: @ The college should develop investigation Statistics again on February 21, 1994, and explained Subject to the Ornbudsrnan Act, each person policy standards for interviewing com- that the certificate had been mailed to the wrong etnployed ... including a person conducting an plainants. Interviewers should have the skills address. We were concerned that they could not inquiry or investigation, shall preserve confiden- to establish trust during the initial interview, explain where the out-of-province address had come tiality with respect to all matters or things that to ensure a free-flowing discussion by the from. We gave the division the lawyer's address, and come to [her or] his knowledge or into [her or] his complainant and to be empathetic and objec- asked that a new birth certificate be mailed to his possession in the course of [her or] his duties... tive throughout the investigation. The policy attention. We also asked the lawyer to notify us when This change will enable the Ombudsman to should outline criteria for soliciting personal he received the certificate. It did not arrive. On March continue to have unrestricted access to evidence information from the complainant and deter- 7,we again contacted the division, and learned that the required in an investigation. mining- its relevance. certificate had not been mailed to the address we had 2. When a physician has been complained against given them, but rather to the lawyer's address on file. for major misconduct, rather than relying on Unfortunately, the lawyer's office had moved eight voluntary undertakings, the college should months earlier. The certificate had again been mailed Health Team invoke the power to suspend a member pursuant to the wrong address, and returned to Vital Statistics. Files Open Dec. 3 1, 1993 47 1 to the Medical Practitioners Act (s.50.6). If it Once more we provided the division with the correct continues to rely upon voluntary undertakings, mailing address. This time the birth certificate reached Files Received in 1994 779 the college should develop policy about how to the lawyer, resolving the complaint. Me contacted our Closed - No Investigation 133 monitor behaviour more explicitly and make the Office to confirm receipt of the document, some ten Closed - Investigation 704 policy available to the public. months after the original application had been Internal Team File Transfers 413 received by the Vital Statistics Division. --a&vdA~-7m-'z.-~-=a-"- Page 28 Olnbudsreport 1994

Forests to Buck Flats fire victims!

uring extremely hot and dry weather in property owners (homes and possessions), and given should be treated as a natural disaster, analogous 1983 a forest fire, known as the Swiss fire, the perceptions prevailing in the community to flood damage. broke out in southwestern B.C. and raged regarding the ministry's actions, the ministry should As the result of the Ombudsman's investigation out of control for several days. The fire spread over have conducted a full and open public inquiry into and recommendations, the Ministry of Forests &anted more than 18,000 hectares and travelled 24 kilometres the property owners' allegations, and should have compensation of over $460,000 to the nine families before it could be brought under control. During this released the results of the inquiry to the public. whose homes were destroyed in the Swiss fire. time fire storms developed with 200 foot flames, and These two findings were the primary basis The Ministry of Forests had taken the following updraughts hurling logs into the air where they for the subsequent recommendation that the steps to correct administrative deficiencies even exploded into flames as they came in contact with property owners should be compensated. As the before the Ombudsman's investigation began: sufficient o'xygen. Ombudsman's report stated: 8 a fuel index system, the "Fire Behaviour Ministry efforts to prevent the fire from spreading Our investigation in this case has identified Prediction System': came into effect in 1984 towards Houston townsite and Buck Flats, where nine deficiencies which individually rnay not consti- @ in 1986 the ministry established the Forest homes were situated, were unsuccessfi~l.Firefighters tute negligence, but which, in total, constitute Information Special Team (FIST) program to constructed fire guards and "burned off" fuel between unfair treatment deserving of cotnpensotion, ,. provide counselling to wildfire victims and to the guards and the main fire. But prevailing winds We believe that those who lost their homes in the assist them to access the appropriate government pushed the fire first towards the town of Houston, Swissfila slrould be cotripensated by government. services then southeast in the direction of the Equity Silver We suggest that coqensation on an ex gratird @ the ministry improved their practices in fire Mine. The advancing fire forced firefighting crews to basis, without a fillding or admission of legal preparedness and training of fire fighters flee and destroyed the nine homes in Buck Flats. liability, would be the most appropriate Q they improved their communication with and Gradually, temperatures dropped and the resolution to their cotr~plaints. assistance for residents likely to be affected by a relative humidity increased. Over the next two and a On the Ombudsman's recommendation, wildfire. half weeks, cool and wet conditions prevailed, and compensation to the Buck Flats residents was based These improvements were evident in the Par the fire was brought under control. on the guidelines for flood disaster assistance. Since Fire, which occurred in the same area in 1991. Local The Ministry of Forests appointed a Board of there is no precedent for compensating wildfire residents were provided with pumps and hoses to Review to conduct an internal audit of the ministry's victims without substantial evidence to support a protect their property,'and were given ongoing efforts to control the fire. The board heard evidence finding of negligence, the compensation package information on the status of the fire, from the residents who had lost their homes, alleging required the approval of Cabinet. After the Ombudsman's preliminary conclusions that their losses resulted from fires set by the ministry and recommendations were delivered to the ministry in in their failed efforts to control the main fire. The .. . from a public policy perspective, forest March 1993, the Emergency Progmm Act was passed. Review Board report identified deficiencies in the fire fire damage should be treated as a natural The Act establishes a statutory framework for providing suppression activities, but did not address the issue of disaster, analogous to flood damage. compensation and assistance for a much broader range whether people whose private property was of natural disasters than its predecessor. The Act's destroyed should receive compensation from govern- The flood assistance program is set out in the definition of "disaster" can include damage caused by ment for their loss. The families turned to the Disaster Financial Assistance Guidelines adminis- wildfire. However, government must enact regulations Ombudsman for help. tered by the Provincial Emergency Program. It to make wildfire damage specifically eligible for The Ombudsman's investigation found no provides assistance to flood disaster victims to assistance. Those regulations are currently being drafted. conclusive evidence that the ministry's efforts to re-establish the basic necessities of life including Since the regulations under the Emergency control the fire, directly or indirectly, caused the loss shelter, clothing and essential furniture. Assistance is Program Act will provide assistance only to restore of the homes. Given the extreme fire behaviour and provided only to a fixed dollar limit, with "necessities of life," such a program will not the prevailing winds, it was likely that the main fire deductibles, and is not intended to replace insurance constitute a replacement for adequate fire insurance. would have consumed the homes in spite of ministry coverage with compensation. Eligibility for the program will also be restricted to efforts. However, the Ombudsman criticized the Under existing government policy, the Swiss fire those who have taken preventive measures to protect board of Review for not investigating these questions case was unlikely to set a precedent since compensa- against wildfire damage. These measures might when the evidence was more readily available, and tion was based on unique circumstances, which were include establishing a buffer of green lawn between concluded that "the Review Board's investigation of unlikely to recur. However, the Ombudsman also buildings and trees or brush; not storing firewood or the burn-off and backfire attempts was inadequate." recommended that government adopt a general other combustibles close to residences; or using only Her report also criticized the ministry's lack of policy for assisting wildfire victims in a like manner fire resistant materials for roofing. conlmunication with the residents, both during and to flood victims. This recommendation is based on The ministry demonstrated its commitment to after the fire. The property owners contacted both the Ombudsrnatl's conclusion that: inlproving how it deals with third parties who suffer the ministry and their MLA soon after the fire .. . whatever the source of ignition, a forestfire is, wildfire damage with the Garnet fire, which destroyed occurred, and were led to believe that their claims in essence, a natural occurrence. Unless there is a number of homes near Penticton last summer. would be properly investigated and a decision made early detection and suppression, a fire's Immediately after the fire wa brought under control, regarding compensation. beltaviour, and the ministry's ability to control it, those families were contacted and their losses assessed. The Ombudsman's report found that the is based almost entirely on weather and fuel The ministry has appointed a private management ministry had a duty to investigate the allegations of conditions. Damage to private property is simply consulting firm to conduct a public review of the the property owners and their claims for damages, a function of where, and under what conditions, Garnet fire and to make recommendations. The results and that the ministry failed to fulfil that duty. It also the fire occurs. We therefore believe that, from a of the review will be made public once the Minister of concluded that, given the nature of the loss of the public policy perspective, forest fire damage Forests has received the report.

nightmare for any house- The Ombudsman's investigation The field was installed, but when the EHO became involved. holder would be to have a showed that, because of wet weather, the EHO returned to inspect it, he Although the owner had to and because an open trench dug for found water in the trenches. Initially, reinstall the whole field, raise its level Live to pay further to have it torn up electric wires at the front of the proy- he took responsibility for not letting and put in a pump to prevent sewage and reinstalled. A home owner erty had water in it, the installation the test hole sit longer. Further from flowing back into the house, the complained to the Ombudsman about contractor had a new three foot hole investigation showed, however, that investigation showed that the just such a nightmare. He felt that the dug at the rear of the septic field site. the contractor had installed the pipes Environmental Health Officer was not Environmental Health Officer who The EHO inspected the hole, found it at a lower level than the EHO had at fault. For that reason, the owner's inspected the original installation was at to be dry and approved the installa- recommended, in order to fit the level claim to compensation could not be fault, and that the local health unit tion. He instructed the contractor, of the exit pipes from the house, The substantiated. should reimburse him for the additional however, that the field should be kept level of the exit grade had been cost of $944.81 for reinstallation. as high as possible. determined before the installer and mbndsreport 1994 Page 29 '"'

about the complaint, but denied any liability. They maintained that the young man had failed to make it clear to the counter clerk that he intended to redeem his property, and therefore she had calculated and he had paid the current year's taxes. The young marl pointed out that it would be "crazy" for him to pay taxes on his property without e Office of the Ombudsman continues to young man on a disability pension failed redeeming it. He and his girlfriend were adamant that receive a steady flow of complaints about to pay the municipal property taxes on his they had made it very clear to the counter clerk that the province's decision to disconnect home for three successive years. In order to they wished to redeem the property from the tax sale. radiant ceiling heating panels (RCHPs) in homes recover the taxes and administrative fees owing, the The investigator made sure that the young man throughout the province. municipality exercised its right under the Muriicipal gave the municipality formal notice of his intention The RCHPs in question are flexible plastic Act to have the home sold by public auction. to appeal the tax sale before the remarkably short panels through which electricity passes and generates The minimum bid per~nittetlby the Municipal limitation period provided by the Municipal Act. heat. The panels are stapled to the exposed ceiling Act on a tax sale is the total of the delinquent taxes joists of the residence and drywall is then fastened to and the administrative fees. The young man's house After some discussion, the municipality agreed to refer the matter to their insurer. the interior ceiling in the usual fashion. Finally, the sold for $3000, a small fraction of its assessed value. ceiling insulation is inserted, enclosing the panels He had one year from the date of sale to redeem his This case illustrates clear deficiencies in between the insulation and the ceiling drywall. The property by paying the back taxes and fees. If he panels generate heat and radiate it to the room below. failed to do so within the redemption period, the sale the tax sale process under the Municipal As a result of several fire investigations in British became final and title to the property passed to the Act, the responsibility for which rests Columbia and the rest of Canada, the Electrical purchaser. with the province. Safety Branch of the Ministry of Municipal Affairs As required by the Miltiicipal Act, the municipality Once title to a property has transferred to a issued disconnect orders for certain models of the gave the young man proper notice of the sale of the purchaser on a tax sale, the Municipal Act does not panels in February 1994. The disconnect orders were property and of the redemption period. The Act does allow the property to be returned to the original expanded to include those panels manufactured by not require and the young man did not receive written owner, even if he or she can prove that the munici- another corporation in November 1994. To date, notice of the actual amount required to redeem the pality was negligent in handling the tax sale. 'She only several thousand home owners in British Columbia property. remedy available is damages. The young man, who is have been affected by the disconnect orders. Two months before the redemption period legally blind, had lived in the house for many years. expired the young man and his girlfriend went to the He was familiar with both the layout of the house and The Ombudsmarr. believed that.. .the municipal hall to inquire about the payment the services in his neighbourhood. He didn't want safety net designed to protect the required to redeem his property. He was told by the damages; he wanted title to his home back. counter clerk that the amount outstanding was Canadian consumer had failed. We discussed the matter with the municipality's approximately $1600. insurer and asked that, if they found any liability, they All parties involved with the regulation, manu- The following week the man paid the amount, consider repurchasing the home for the young man facture, testing and certification, and installation of received a receipt from the same counter clerk and as part of any settlement. They did repurchase the the panels have sought to determine a cause for the was assured that his property would be removed home, but without admitting any liability. panel failures, even though the panels comply with from the tax sale. One month after the redemption approved standards. These efforts continue. period expired, the man received an eviction order This case illustrates clear deficiencies in the tax sale process under the Milnicipal Act, the responsibility for A common theme is apparent in the complaints from the purchaser, who had acquired title to the which rests with the province. The administrative of affected home owners. property. unfairness of this process has been drawn to the @ All have had to come to terms with an inoperable When the man contacted this Office, we provincial government's attention in the past in reports heating system. explained that we did not have jurisdiction to by the Law Society of British Columbia, and by this 0 They must employ often less than satisfactory investigate his complaint against the municipality, temporary and expensive alternate heat sources but that we would make some inquiries on his behalf. Ofice. The Act remains unchanged. The Ombudsman to protect their home and assets from damage. The municipality agreed to give us information may have to address this issue again once she gains They face the prospect of expensive heating jurisdiction over municipalities in 1995. system replacement without compensation, questionable insurance coverage and an atten- dant devaluation of their homes. The regulatory bodies and manufacturers have consistently denied any individual responsibility for the dilemma; some of them suggest that the problem could be most appropriately addressed through the courts. proclaimed. The board will carry out independent The Ombudsman's investigation and consultations audits of compliance with the forest practices with the parties involved led this Office to the requirements and will investigate public complaints conclusion that the problem could not simply be regarding forest practices. addressed on the basis of product liability alone, as 'So ensure that the board will be prepared to take some parties have suggested. The Ombudsman believed complaints from the public when the full Code that the problem was more complex, that the safety net comes into force, a chair and four members will be designed to protect the Canadian consumer had failed. appointed, effective January 1, 1995. The chair is Responsibility for the problem, therefore, might more Keith Moore, a specialist in forest land management appropriately rest with all parties who participate in and envirorimental assessment. The other members that regulatory regime, including the consumers. have expertise in forest resource management, forest With the scope of the dilemma broadening and ecology and agrology. no apparent solution at hand, the Ombudsman was Part 9 of the Code, when proclaimed, will encouraged when, on December 2, 1994, the Minister establish a Forest Appeals Commission, which will of Housing, Recreation and Consumer Services hear appeals from those directly affected by a appointed David Cohen, Dean of Law at the decision or order under the Code. The Forest University of Victoria, to conduct a special investiga- Practices Board will also have the right to initiate an tion into the problem. His report will be ~r~adepublic appeal before the commission when it believes that in 1995. an improper decision or omission has been made The essence of our primary recommendation is under the Code. that all parties: the manufacturers, the Canadian The Office of the Ombudsman will retain juris- - , Standards Association, the government of British diction to investigate complaints of administrative Columbia and the home-owners, by representation, unfairness against any authority administering the participate in mediation in order to resolve the Code, including the Ministry of Forests; the Ministry dispute. We have made our findings known to the of Environment, Lands and Parks; the Forest special investigator. Practices Board and the Forest Appeals Commission. The Office of the Ombudsrnan will continue to government plans to proclaim the new However, as required by s. 11 of the Ortrbridsrrrarl Act, monitor the RCHP situation, but will suspend rest Practices Code soon. 111 preparation, this Office will not investigate complaints until the investigation pending the outcome of the Cohen Part 8 of the Code, which establishes an affected person has exhausted any available right of investigation. independent Forest Practices Board, has been complaint or appeal under the Code. Page 30 Bmbwdsreport 1994

n island off the coast of the highway right-of-way would be Vancouver Island, which has considered on a case-by-case basis. To been referred to as beautiful, make a blanket administrative peaceful and serene, was subdivided decision to refuse all applications We will continue to follow rip on Public Report No. 18 - The On-site Septic many years ago and the highway without due consideration of each System Permit Process. right-of-way placed in the centre of the request would be to fetter the island. As no cars are allowed on the discretion given to the ministry by the ecommendations made by the Ombudsman in Public Report No. 18 island, the right-of-way had been used legislature, and would be administra- continue to be implemented. The Ministry of Health undertook the by the residents as a footpath. Septic tively unfair. The Ombudsman following in 1994: supports considering each application fields have been allowed on the Amended the Health Act effective August 1994 to allow for an appeal to the on its own merits. right-of-way when private lots could Environmental Appeal Board for decisions made under the Sewage Disposal not support a septic system. In 1992 The Ministry of Highway's Regulations. residents who were against continuing Geotechnical Branch has recom- the practice complained to the mended that for this island: Commissioned a study by the Department of Soil Science and Resource Ministry of Transportation and Septic field construction on the Management Sciences at UBC in land-use planning. The study provides Highways. In response to the com- right-of-way should be considered technical documentation to support recommendations for appropriate lot plaint, nlinistry staff announced that only in exceptional circumstances. sizes ir~volvingless than four feet of native soil depth. The study was shared they would no longer issue permits to The discharge of gray bvater only with the blinistry of Municipal Affairs and covers the similar geological and use the fight-of-way for septic fields. will be considered, providing the climatic characteristics found in North and Central Vancouver Island and When residents complained to the health department requirements Coast-Garibaldi [Health Units. Ombudsman, she undertook to review are met. the fairness of the administrative The water should be contained in Recommended revised subdivision stantlards for on-site sewage disposal using decisions that affected residents antl a buried pipe and discharge must the soil sciences study. The stanclards will be reviewed by approving officers land owners on the island. not cause erosion or stability and regional districts within a year. Ombutlsman staff visited the site and problems to the right-of-way. The voluntary certification pilot project initiated in the Capital Regional made inquiries with the local health The septic field must not affect District, ongoing for a year, will be evaluated in 1995. A similar project was the existing pathway. unit and the Ministry of begun in the Fraser Valley in 1994. Transportation and Highways. No trees mily be reniovetl from The health unit is responsible for the right-of-way and the dis- We will continue to follow up on Ombudsman Prrblic Report No. 18 in 1995. issuing permits in accordance with the turbed area must be replanted Hecrlth Act and the Sewage Disposal with new shrubs. Regulations. In relation to this situa- Construction must be done by tion, the unit had taken the following hand; no machines will be steps: allowed. 9 reviewed the permit process The encroachment field must be @ prepared a set of application crite- close to the property line anti is ria and communicated them to not to exceed thirteen feet in heavy equipment owner/ office and report to us on the findings. property owners on the island width. operator complained to the The ministry appointed an audit 8 developed criteria that restricted The Ombudsman was satisfied Ombudsman about the team of ministry engineers and use of the right-of-way to lots that that the decision process cvas fair, assignment of "day labour" work by auditors, headed by an auditor from cannot support a sewage since applications will be considered the local office of the Ministry of an independent firm. We met with the dispoial system, and only when the on a case-by-case basis, and the Forests. "Day labour" consists of head of the audit team to review terms Ministry of Transportation and Ministry of Transportation and short-term contracts with private of reference and procedures for Highways grants a construction Highways guidelines are clear and sector heavy equipment owners to handling any evidence of criminality. permit that allows use of the consistent with the position of the provide equipment at an hourly rate The audit team uncovered more right-of-cvay. health unit. Our Office now directs for forestry road maintenance. The than $200,000 in excess payments The Ombudsman was satisfied complairlants to contact the Area Ministry generally hires equipment on through falsified records such as that the health unit was dealing Managers at the Highways Regional a rotational basis and gives preference amendetl time sheets and "ghost" adequately with health-related District Office regarding highway to loc'1 I owners. employees. They turned all this concerns on a lot-specific as well as an matters, antl the health unit in their The complainant alleged that the information over to the RCMP island-specific basis. area regarding health matters for this local District Forest Office was unfdy Co~mnercialCrime Section. After a number of discussions island. assigning work to a grader operator As a result of the investigation, the and ~neetings with staff of the We hope that the resolution of from outside the district. He also employee responsible for the Ministry of Transportation and this complaint has returned this island alleged that much equipment hire Highways District Office, the to the peaceful, tranquil, relaxing of the work the program is no Ombudsman was assured that appli- place it was prior to the dispute grader \vas assigned Weacknowledge and longer employed cations for a permit to construct a regarding septic fields on the highway should have been commend the steps taken by by the ministry sewage disposal field for gray water on right-of-way. perbrmed by the ministry to orrduct afull and 11" been another contractor charged with under a separate and impartial investigation.. . crirnillal fraud road building con- and breach of tract with the ministry. trust. A contractor from outside the The complainant suspected that district has also been charged with the District Forest Office was finding fraud. work for the out-of-town grader This Office reviewed the audit operator by paying twice for the same team's report and confirmed that its on excerpt work. Local equipment operators recommendations for improving the were extremely upset at being by- equipment hire program have been the kind permission of British Columbia Ombudsman, Dulcie passed for available work, but were implemented. The Ombudsrnan is I\lcCallum, we are pleased to present her new, improved 1993 version reluctant to protest to the District satisfied that the complainant's of the administrative fairness checklist. The original version of the Office for fear of reprisal. concerns were fully investigated and checklist was the subject of some interest in the Hawaii legislature and was the basis Our initial investigation raised that the appropriate corrective of proposed legislation introduced during the 1994 legislative season ...We have concerns about possible criminal measures were taken. We acknowledge followed with interest the ongoing work being done by the British Columbia wrongdoing. We therefore approached anti commend the steps taken by the Ombudsman's Office in improving the administrative fairness checklist and, in the senior ministry staff to request that ministry to conduct a full and process, refining in more detail the kinds of issues people ought to consider in they conduct a detailed audit of the impartial investigation and to refer the asking what is fair. engineering program in the district matter to the RCMP. Ombudsreport 1994 Page 31 Natural Resources

ongstanding farming residents asked a land and be at least five acres in size to allow for a replace- decision he could return to our Office. surveyor to act for them in subdividing a ment septic field if the existing field fails. The Metlical Health Officer's response to the ortion of their farnlland to create a separate Because the Ministry of Health withheld land surveyor's request for a review was that he was residence for their son and his family. approval, the Ministry of Transportation and not prepared to make an exception in this case. They own several parcels totalling hundreds of Highways could not approve the subdivision. The The Ombudsman investigator met with the acres. Two of the parcels, ten acres each, were proposed Environmental Health Officer suggested that a creek, complainant and the land surveyor and discussed the for realignment of property boundaries creating no ravine and lands south of the house be added to the particulars of the complaint. She also visited the site more lots than the two that currently exist. lot size, increasing it to four and a half acres, closer to and confirmed that the depth and position of the A house was constructecl on the northwest corner the five acres required by the Ministry of Health. ravine and the creek made the land south of it almost of the north ten acre block in 1990-91. A permit for a Although the creek, ravine and lands south of the useless as an alternate site. septic field was issued, and importation of suitable fill house were added, this area was useless as a replace- She then spoke with the new Medical Health was approved at that time. The Agricultural Land ment septic field. Measurements taken of the area Officer, as the person who had made the previous Commission approved the realignment, to subdivide between the existing field and tank confirmed that decision was no longer in this position, and discussed a parcel of approximately 2500 square meters off the sufficient space for an alternate field existed on the the details and findings of her investigation. The north block and to incorporate the remaining area proposed 2500 meter parcel. IvlHO agreed to review the file and to advise our with the other ten acre parcel. Clearly the complainants were being denied Office of his conclusions. The Ministry of Transportation and Highways approval because of strict adherence to policy. The Medical Health Officer reported that the can approve the proposed subdivision pursuant to The farmer and the land surveyor complained to health unit would support the proposed subdivision s. 996 of the Municipal Act. The section permits sub- the Ombudsman that they found the position of the under two conditions: division of land for immediate family into snialler Environmental Health Officers rigid and impractical, O that a covenant be placed on the area between parcels than permitted by zoning if other subdivision and sought a "logical and satisfactory conclusion to the existing septic field and the house requirements can be met. the matter." @ that the remainder of the land be covenanted to The Regional District granted approval on that The Ombudsman first required the land surveyor disallow any building. basis. The Ministry of Health, through the local to pursue his informal appeal to the bledical Health The farmer used the land for grazing and health unit, however, refused approval because the Officer to request a review of the decisions of the farming, and merely wanted a residence for his son. proposal did not meet the ministry requirement that Environmental Health and Chief Environmental He was pleased with the outcome and happy to agree a lot have forty-eight inches of natural porous soil Health Officers. The land surveyor was further advised to the proposed covenants. that if he was not satisfied with the Health Officer's

property owner objected when the Ministry field and lab technicians. They agreed to investigate of Transportation and Highways decided to further and consulted a terrain analyst with the A stockpile in a gravel pit immediately above ministry's Geotechnical and Materials Engineering his property asphalt removed from a highway which Branch who was doing a study on asphalt recycling. was being repaved. He feared that the asphalt would The terrain analyst explained that old asphalt is an contaminate his well. The ministry assured him that unlikely source of water contamination as it is there were no grounds for his concerns. relatively stable and inert. In order to rule out that source Three years later the neighbour began to notice of contamination, or any other from the ministry gravel staining of his plumbing fixtures and an unpleasant pit, he undertook to investigate in more detail. smell in the water. Some time later a sheen developed His investigation included further sampling and on the surface of the water. Water samples from the testing of the well water. This time, the tests showed well tested in the Ministry of Health's lab showed no low levels of the types of hydrocarbons associated detectible levels of hydrocarbons, but indicated high with asphalt oils and lubricants. Still not satisfied as levels of iron, which might account for the staining. to the source of the contamination, he researched the The neighbour complained to the Ombudsman, history of the use of the gravel pit. demanding that the Highways Ministry remove the He discovered that a plant had been set up in the asphalt from the gravel pit. The highways district staff pit for a large paving project in the 1970s. This pointed out that the test results supported their discovery led him to speculate in his report that position that there was no contamination from the during thepavingplant operation it is likely that asphalt. The fact that the neighbour had a commercial large volumes of solvents, asphalt hydrocarbons gravel operation on his own property and the porous and possibly gasoline or diesel were spilled onto nature of the soils in the area also made it very the soils within the gravel pit and that they may difficult to identify the source of the contamination. be only now working themselves down into the After the sheen developed on the water, the groundwater systern. environmental health officer, suspecting contamination The terrain analyst's report concluded that, from logging debris, took further samples to be tested although there was no definitive explanation for the for tannins and lignins, byproducts of clecornposing source of contamination of the well water, the evi- wood. Again, the results were negative. Because a dence was sufficient for him to recommend that: salmon bearing stream flowed nearby, the Ministry of @ the Ministry of Transportation and Highways Environment took its own samples with the same dig a new, deeper well for the complainant results - no detectible hydrocarbons or other organics. @ two ponds in the gravel pit be drained to reduce As the test results did not appear to explain the the water table in the area. field observations, the Ombudsman's Office The ministry has since confirmed that the ponds discussed the results with the test lab. High iron have been drained and that the new well is producing levels would not produce the taste, odour and sheen good water. A further action provided a pleasant that the environmental health officer had observed. bonus for the landowner. Although the ministry was The lab suggested further sampling and testing for a satisfied that the recycled asphalt had not con- broader range of hydrocarbons. The agencies, which tributed to the well contamination, they removed it Natural Resources Team had expended considerable funds on the lab tests, from their gravel pit. were reluctant to test further unless the property These results would not have been achieved if the Files Open Dec. 31, 1993 368 owner contributed towards the costs. ministry had not been willing to take a careful second Files Received in 1994 802 .- Ombudsman staff contacted the Environmental look at their position regarding the colitamhation of the Closed - No Investigation 162 Engineering Branch of the Ministry of well water. The Ministry of Transportation and Highways Transportation and Highways and provided them is to be commended for persistence beyond what is Closed - Investigation 499 with the earlier test results and the comments of the reasonably required in investigating this complaint. Internal Team File Transfers 509 0-L - Page 32 Ombuds report 1994

part to provide sufficient time for an individualized plan to be formed and for alcohol counselling to begin. The prison term is to be followed by a term of Ombudsman probation for two years, with conditions. Among several important points this case Justice in Sentencing illustrates, one of the most crucial is that the sen- tencing process is essentially a judicial responsibility. by Dr. John W. Ekstedt However, judges, for a variety of reasons, are at the Director, Institute for Studies mercy of a functioning bureaucracy whose members in Criminal Justice Policy report to government, not the courts. These Simon Fraser University bureaucracies have their own ideas and mandates at the invitation of the Ombudsman regarding the processing and treatment of persons Young people with Fetal Alcohol Syndrorne/Effect have under court order. As Mr. Justice Vickers pointed out, long been underdiagnosed ond rriisunderstood The "[iln the ordinary course, some assessments and all 1. Garibaldi Case, 1981 (Environment) Orrrbiiclsn-ian is concerned about the restrlts anti therefore classifications are carried out ajter (emphasis mine) 2. Lotteries Case, 1981 (Government Services) invited a commentary on the Reclsons for Sentence in sentence is imposed." There are good reasons for 3. Cuthbert Case, 1981 (Harbours Board) ha< 4. Certificate of the Attorney General, 1982 (Attorney General) the case of Victor Daniel Williams. many of these practices. But, over time, the 5. Keid Case, 1982 (Transportation and Highways) separation between the justice and social services 6. "A Matter of Administration" : B.C. Appeal Court n November 24, 1994, Victor Daniel bureaucracies and the judiciary has become so great Judgment, 1982 that one often feels they are working not only to 7. Shoal Island Case, 1984 (Forests) Williams appeared in Victoria before Mr. 8. Workers' Compensation Board (No. 1) Justice David Vickers for sentencing,- different rules but to different purposes. In my Vol. 1 - WCB, 1984. having been tried by jury and convicted of robbery. opinion this gap needs to be closed. The principles of Vol. 2 -An Investigation by the Ombudsman into Eleven judicial independence should not impede the Complaints about the WCB, 1984. Mr. Williams was eighteen years old at the time of the 9. Supreme Court of Canada Judgment, 1985. offence, a First Nations person, and according to the judiciary in a desire to intervene more directly in 10. Section 4 of the Highv[iyAct, 1985. (Transportation and Reasons for Sentence, had "significant physical and sentencing administration. The professional Highways) intellectual deficits." There was evidence that he had bureaucracy should not be threatened by the obvious 11. The Cobb Case, 1985 (Forests) 12. Workers' Compensation Board (No. 2) been manipulated by another person to carry out the need to develop innovative, interdisciplinary Vols. 1&2 - WCB, 1985 physical act of committing the robbery. In his approaches to the custody and treatment of persons 13. Willingdon Case, 1985 (Corrections Branch) Reasons, the judge speculates that such exploitation whose life circumstances have left them disadvan- 14. Hamilton Case, 1985 (WCB &Attorney General) taged or dysfunctional. Bureaucratic managers and 15. Workers' Compensation Board (No. 3) was possible because of Mr. Williams' vulnerability, VOI. 1 - WCB, 1985. associated with his "handicap" or "disability." administrative judges should, to the extent possible 16. Nikki Merry Case, 1994 (CoUege of Physicians and Surgeons) Tragically, this case presents itself as fairly within their mandates, encourage innovation and typical. Indeed, over time, an entire industry has risk-taking without threat to the person, livelihood emerged to describe and assess such persons. Equally or careers of those making such attempts. More East Kootenay Range Issues, 1981 (Environment; Forests; tragic, very little is available within government to important, since sentencing is a legitimate Lands, Parks and Housing) xist or "treat" such persons. Mr. Justice Vickers responsibility of the court, judges should be given all Ombudsman Investigation of an Allegation of Improper complained more than once in his Reasons that assistance possible prior to sentencing in order that Search for Information on Five Individuals on the Part of their judgments may be fair, effective and efficient. the Ministry of Human Resources, 1982. access to the support or treatment that does exist is Expropriation Issues, 1983 (Transportation and Highways) available only for those who have been officially Much has been made recently of the weaknesses The Nishga Tribal Council and Tree Farm Licence No.1, "labelled" as candidates for intervention. He within the criminal justice system concerning the 1985 (Forests) management of offenders. It is highly likely that the The Use of Criminal Record Checks to Screen Individuals mentioned the derogatory and limiting effects of Working with Vulnerable People, 1987 (Social Services such labelling. Apart from the stigma applying to the roots of this difficulty (which is real) occur in the and Housing) person, practitioners respond to labelling by devel- sentencing process itself. Liquor Control and Licensing Branch Fairness in Decision oping programs that encourage specialization with As to the nratter of interministerial co-operation Making, 1987 (Liquor Control and Licensing Branch) WCB System Study, 1987. no co-ordination and co-operation among them. and the related problems of protective responses Skytrain Report, 1987 (B.C. Transit; Municipal Affairs) The judge clearly found such a state of affairs unsat- associated with personal career development and Practitioner Number Study, 1987 (Medical Services isfactory and stated that he intended to fashion a sen- professional specialization, what is there to say Commission) any more? I believe many persons wish to see B.C. Hydro's Collection of Residential Accounts, 1988. tence specific to the individual that would require Pesticide Regulation in British Columbia, 1988 co-ordination among agencies. improvements in this area. It is riot hard to imagine Investigation into the Licensing of the Knight Street Pub, Mr. Justice Vickers approached this task with the benefits that could result from genuine 1988 (Labour and Consumer Affairs) considerable energy and in spite of several setbacks. co-ordination and co-operation. But such behaviour Abortion Clinic Investigation, 1988 (Attorney General) Investigation into Complaints of Improper Interference He requested a probation plan as provided for in the needs a supportive and flexible structure. Committees in the Operation of the British Columbia Board of Parole, B.C. Corrections Branch Manual of Operations and cannot provide this structure; it must be forged with- Particularly with Respect of Decisions Relating to Juliet did not receive one. He requested assessments in the organization of government itself. Government Belmas, 1988. should encourage those efforts that are underway and Aquaculture and the Administration of Coastal Resources Sirected to a suspected. diagnosis of Fetal Alcohol in British Columbia, 1988 (Crown Lands) SyndromeIFetal Alcohol Effect. While he had address the problem of "burn-out" for those who try Police Complaint Process: The Fullerton Complaint, 1989 identified the experts he wished to hear from, delays to effect co-ordination around difficult cases. (Matsqui Police) Obviously, one reason for Mr. Justice Vickers' Willingdon Youth Detention Centre, 1989. were experienced as he received assessment reports The Septic System Permit Process, 1989 (Municipal from other persons who picked up the case as it made approach to this case is his own well-known interest Affairs, Recreation and Culture) its rounds through the system. He commented on in the problems inherent in responding to persons The Regulation of AIC Ltd. and FIC Ltd. by the B.C. these difficulties but clearly perceived himself to be with intellectual, emotional or physical disabilities. Superintendent of Brokers ('The Principal Group Judicial education is an important factor in develop- Investigation) powerless to address them. An Investigation into Allegations of Administrative In the end, however, the judge did make his ing alternative strategies for such persons. Favouritism by the Ministry of Forests to Doman order consistent with the intentions he had expressed This case has been most helpful in identifying Industries Ltd., 1989. concerns that apply within all the human service Sustut-Takla Forest Licences, 1990 (Forests) early in the sentencing process. He identified an Public Services to Children, Youth and their Families in individual to fashion a program for Mr. Williams on areas, but especially criminal justice. The Reasons for British Columbia, 1990. the basis of interministerial co-operation and with Sentence would be useful required reading for all Graduates of Foreign Medical Schools: Complaint of attention to the assessments that had been provided. students of criminal justice reforms. Discrimination in B.C. Intern Selection Process, 1991 (Health) He imposed a prison sentence of four months, in Public Response to Kequest for Suggestions for Legislative Change to Family and Child Service Act, 1991 (Social Services and Housing) Public Services for Adult Dependent Persons, 1991 (Social Services and Housing) All Enquiries and Complaints Access to Information and Privacy, 1991. The Administration of the Residential Tenancy Act, 1991 Received by Year (Residential Tenancy Branch) The Sale of Promissory Notes in British Columbia by Principal Group Ltd., 1991 A Complaint about the Handling of a Sexual Harassment Complaint by Vancouver Community College, Langara Campus, 1992 (Vancouver Community College) Court Reporting and Court Transcription Services in British Columbia, 1992 (Ministry of Attorney General) Administrative Fairness of the Process Leading to the Clayoquot Sound Land Use Decision, 1993 Abuse of Deaf Students at Jericho Hill School, 1993 (Education) Listening: A Review of Riverview Hospital Building Kespect: A Review of Youth Custody Centres in British Columbia (Attorney General)

1. Advocacy for Children and Youth in British Columbia, 1993. 2. Children Should be Seen nnd Heard, 1994.

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