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Provincial Ombudsman June, 2001 The Honourable Myron Kowalsky Speaker of the Legislative Assembly Province of Saskatchewan Legislative Building REGINA, Saskatchewan S4S 0B3 Dear Mr. Speaker: It is my duty and privilege to submit to you and to the Members of the Legislature, in accordance with the provisions of section 30 of The Ombudsman and Children’s Advocate Act, the twenty-eighth Annual Report of the Provincial Ombudsman. Respectfully submitted, Barbara J.Tomkins OMBUDSMAN promoting fairness Suite 150 - 2401 Saskatchewan Drive, Regina, Saskatchewan S4P 3V7 Tel: 306.787.6211 1.800.667.7180 Fax: 306.787.9090 Email:[email protected] Provincial Ombudsman 2000 Annual Report Provincial Ombudsman Table of Contents Staff at December 31, 2000 Regina Office: Articles Articles Page Gordon Mayer Looking Back 1 General Counsel Service to Northern Residents 3 Murray Knoll Fairness and Lawfulness: Let’s Talk Turkey 7 Deputy Ombudsman I’m Sorry, She’s In a Meeting 10 Roy Hodsman A Moving Tribute 14 Ombudsman Assistant Budget 17 Arlene Harris Ombudsman Assistant Kudos Honour Roll 18 Top Ten List 21 Brian Calder Ombudsman Assistant We’re Here For You 24 Susan Krznar Ombudsman Assistant (Temp.) Special Investigation Susan Griffin Ombudsman Assistant (ACR) Imposition of Ban on Smoking at Carol Spencer Saskatchewan Correctional Facilities 4 Complaints Analyst Cheryl Mogg Communications Co-ordinator Case Summaries Page Debra Zick Executive Secretary Saskatchewan Justice - Sheriff’s Office 2 Andrea Lamont SaskEnergy 6 Secretary Health District 8 (to October, 2000) Saskatchewan Crop Insurance Corporation 10 Megan Demyen Saskatchewan Environment Secretary (Temp.) and Resource Management (SERM) 11 Saskatchewan Social Services 12 Saskatoon Office: Saskatchewan Housing Corporation 13 SaskTel 14 Joni Sereda Deputy Ombudsman Saskatchewan Justice 15 Saskatchewan Government Insurance 16 Laura Pun Ombudsman Assistant Saskatchewan Highways and Transportation 17 Saskatchewan Justice - Public Trustee 20 Jeff Cain Ombudsman Assistant Saskatchewan Post-Secondary Education and Skills Training 21 Renée Gavigan Ombudsman Assistant (ACR) Saskatchewan Justice - Corrections 22 Barbara Schindel Statistics Complaints Analyst 3131 Diane Totland Complaints Analyst Statistical Charts 25 Statistical Graphs 30 Joyce Strate Secretary Provincial Ombudsman 2000 Annual Report facilities in Saskatchewan. This work Looking Back continues to the present. While it has taken much longer than I originally was not one who joined the anticipated, it quickly became apparent hype about – dare I say it – the to me that my initial projections were, new millennium. I could not quite simply, too optimistic. avoid, however, the Y2K hype. My office, like every office, faced I was disappointed that this Ifears that our computer system would report did not spark any not cope with the year change and legislative or public debate. that irreparable damage would result. We had not previously undertaken a Relatively minor changes to our program review of this magnitude, nor did we gave us a sense of comfort and when the 1 anticipate that the areas of review would calendar turned, so did our computers. be a series of “moving targets”. As I For us, it was much ado about nothing. am interested in producing results that But then, maybe without the ado, it would are valuable to the department and to have been something. We’ll never know. legislators, I did not think it appropriate For us, it was much ado to compromise the work to meet an about nothing. But then, arbitrary projected deadline. Based on maybe without the ado, it our actual experience, I am optimistic would have been something. that it will be completed early next year. Public Reporting: Statistics: In June 2000, I tabled a Special Report in So our computers continued to record the Legislative Assembly,including details information about our work during of nine cases that had been drawn to 2000 and the numbers tell a positive a Minister’s attention either by formal story. Continued public confidence in our Report and Recommendations or by way office is evident in the increased number of advice. I was disappointed that this of complaints we received. While only report did not spark any legislative or marginally higher than in 1999, 2,327 public debate. While some of the cases new complaints in 2000 nonetheless reported were rectified, some important constitute a new record. KUDOS issues remained outstanding. I was The numbers also tell a positive story hopeful that these would receive CONTINUED in recording our progress in reducing consideration and that some resolution In this report, I have continued the investigation time for complaints. In might be found. Similarly I have my practice of extending the kudos 2000, the office investigated and closed sometimes been disappointed over the of my office to named individuals in lack of debate sparked by some of my the public service who have made 2,324 files; the average time to closing an exceptional effort and shown real was 34 days. In 1995, our average time annual reports. commitment to the fairness concepts promoted by my office. These kudos for closing 1,862 files was more than will be found scattered in the double that at 69 days. I take very seriously the margins of the report. Ombudsman’s role in Our numbers are similarly improved government accountability. for those complaints that require the most detailed investigations. In 2000, the I take very seriously the Ombudsman’s average time of an investigation was 207 role in government accountability. It days. That's a 39% reduction over 1995 is intended that my office draw to when such investigations averaged 340 public attention situations where we days! While we believe that this time can have concluded that government fell be further reduced in the coming years, short of its obligation to treat people fairly we are pleased with our progress. and to thereby provide an opportunity for interested parties to call upon Corrections Review: government to account for its decisions In late 1999, we announced a major and actions. My public reports provide investigation of the conditions of custody legislators, the public and the media an at the four main adult correctional Provincial Ombudsman 2000 Annual Report opportunity to call government to satisfy his debt. George was right in account.While it is, of course, their choice principle; the question was whether his whether to take that opportunity,I am facts were right. hopeful that they will be less inclined to George said his brother Tom and two let it pass in the future. others had owned the land for many years. Conclusion: On his brother’s behalf, George collected The work of our office in 2000 was the rents and did some maintenance on All names used in case summaries interesting, complicated and voluminous. the land. He also told us that he had included in this report are entirely While I have, above and elsewhere in briefly lived on the property and might fictitious; they are not the names of the this report, expressed some frustrations, even still have identification showing the people who brought the complaints to the attention of this office. I assure you that my perspective is land as his address. generally positive and my interest is only 2 We consulted the Land Titles records in improving the effectiveness of my and confirmed that George was not the office and its value to the people of owner of the land in question. Instead, Saskatchewan. If Canada is, as the UN it was registered to Tom, Dick and Harry says, the best place in the world in which and had been registered to them since to live and Saskatchewan the best place 1968.We gave this information to the in Canada, then surely the Office of the Sheriff’s Office and he agreed that the Provincial Ombudsman is the best place Notice was in error and would not in Saskatchewan in which to work! be enforced. We do not understand why the Case Summary Sheriff would not have checked My Brother’s Keeper to confirm that his belief was eorge contacted my correct. office to complain that We understood that the information the Sheriff’s Office had about George’s work on the property and issued a Notice of Intent even the fact that he briefly resided there respecting lands that might have given the Sheriff to believe Ghe did not own. He said that the land that he had some property interest in the belonged to his brother and that the land. However, we do not understand Notice should not be executed. why the Sheriff would not have checked Our investigation disclosed that there was to confirm that his belief was correct. an unpaid court judgment against George. When a person does not pay money that a court has ordered him to pay,there are various steps that the creditor can take to force payment. One is to request that the Sheriff levy a writ against the land and property of the judgment debtor. We learned that this is what had happened in George’s case. George did not dispute it. George was right in principle; the question was whether his facts were right. However, the Sheriff had given Notice that the rent from certain lands would be seized and paid over to the judgment creditor. George said that these lands did not belong to him and that it would be wrong to pay the rent from them to Provincial Ombudsman 2000 Annual Report While our visit had been publicized Service to Northern by community service spots on the Residents local radio station and posters hung in community facilities, I was surprised when as many as sixty people attended or some time now, I have our public meeting in La Loche. In been concerned that my addition to this, forty people came office was not reaching specifically to lodge complaints with my residents of northern office.