Annual Report of the Ombudsman, Province of British Columbia

my Office in the fill of 1997 and a delegation from my Office then returned to visit Brazil. CIDA covered all the expenses M

.4 2 for exploring the establishment of a three-year program with V1 Brazil. We are optimistic that the federal government will -0 .ca I)lessnge approve the project and are thankful to the Honourable Lloyd .-U i; from the Ombnclsman Axworthy, who is responsible for CIDA, for his interest in d supporting this project. k; c2.A Dulcie McCallum The highlights of the Canadian Ombudsman Conference C B are reported. The Canadian Omb~rdsmansare working to formalize their relationship with the US Ombudsman May 4,1998 Association (USOA) to form the North American Region of the International Ombudsman Institute. That work should The Honourable Gretchen Brewin be finalized in 1998. I am continuing to work as vice Speaker of the Legislative Assembly president on the USOA board. The USOA Annual Conference Parliament Buildings was held in Portland, Oregon in 1997, enabling staff from ewsflashes Victoria BC Canactian jurisdictions to attend as speakers and participants. Excerpts from the keynote addresses given by Andrew So, the Gettirg There 3 t is with a great deal of pride and excitement that I I-Iong Kong Ombudsman, and Roberta Jamieson, the Ontario submit my 1997 Annual Report. My Office has once Ombudsman, are included in this Report. Out from the Shadows 9 1again experienced a very active and challenging year. I A very exciting project began in 1997. I asked Bill WCB Ombuds Audit 11 am grateful to all those individuals who have worked with me Summersgill, an Ombudsman Officer, to act as part-time Human Rights Commissioner 12 to assist in meeting my duties as Ombudsman. Coordinator of Volunteers, to set up a volunteer program for A number of reports were tabled during the year. Special the Office. My dream was to invite retired people to train as Public Trustee 13 Report No. 19 reported on the investigation into the "Ombuddies" and go into the public schools to teach young Mental Health Advocate 20 problems at Willemar Bluffs in the Comox-Strathcona students about the role of the O~nbudsman.Greg Smith from Regional District, problems that unfortunately remain the Curriculum Branch of the Ministry of Eciucation, Skills Police Complaint Commissioner 28 unresolved. An investigation of the implementation by and Training worked with us to advise us on the content of government of the Gove Report into the death of Matthew our presentation. We approached the Retired Civil Servants Vaudreuil began in 1997 and was completed early in 1998 Association for volunteers for the pilot project in the Victoria ghlights with the tabling of Getting There, Public Report No. 36. A School District. The Chair of the School Board, Carole James, strategic planning process begun in 1997 was completed approved the pilot and supported the committee with the Well-being in the Workplace 2 early in 1998 with the tabling of Special Report No. 20, assistance of a grade five teacher, Andrew Barclay. Orrrbirds Strategic Plan. My planned report regarding the serious issues facing For the Safety of Children 3 Our interest in the concerns of children and youth seniors was not completed in 1997. Because government A Dream Come True 4 remains high. Many excellent initiatives have been put in indicated that it would be focusing its efforts on seniors, I put our work on hold. I plan to report on seniors in 1998. Ombucts Strategic Plan 5 place as a result of the Cove Report and the work of the Transition Commissioner. Nevertheless, the role of the In 1999, the Office of the Ombudsman will celebrate its A Long Struggle for Justice 12 Ombudsman to ensure the fair and effective administration 20th Anniversary. I have asked the Lieutenant Governor, From Canada to Brazil 14/15 of those within government responsible for children is the Hono~lrableGarde Gardom, who was a member of critical. I have included in this Report an excerpt from my the Legislative Assembly and introduced the Ombudsman Act, Never Give Up Anything 18 submission to the Special Legislative Committee responsible to assist and participate in the celebrations. He has agreed to to oversee the implementation of Gove. My s~ibmission do so. We look forward to celebrating the contribution made outlines how all the new players can work together to serve by the Ombudsnian of BC during the past two decades. the interests of children and youth. In addition, my Office This Annual Report can be found on our Homepage at worked with Senator Landon Pearson and Cherry Kingsley of www.ombud.gov.bc.ca PEERS (Prostitutes Empowerment, Education and Resource Society) to plan, together with UVic, the Out from the Shadows International Summit. My 1998 Annual Report will provide fi111 details of the Summit. The state of Parana appointed Brazil's first Ombidsman. The incumbent, Mr. lo50 Oliveira and I began discussions with the Canadian International Development Agency Dulcie McCallum (CIDA) with a view to establishing "twin" Ombirdsman Ombudsman for the Province of BC offices. The work of his office with children and local govern- ments closely matches ours. A delegation from Brazil visited

Growth of the Telephone Bee

u Ombudsman Income Assistance WCB ICBC FMEP Government Press 1 Press 2 Press 3 Press 4 Press 5 Press 6 Page 2 hbndsreport 1997

separated from the rest of the public sector in order in difficult situations and does workshops for all staff. to honour our autonomy as an Officer arid our Articulate and document clear expectations for Speech independence from government. Our employees are staff to give them a sense of calmness and clarity. excluded from union membership. And finally we We have one policy for all staff that outlines how, as an serve many clients who are marginalized antl at times Office, we will serve people who present with hostile. Given this scenario, I looked for practical challenging behaviours. If any member of our staff at ways to promote well-being. This article is to share any time feels afraid of a client she or he can, without some of the ideas we put in place to achieve this goal. prior approval from anyone, designate the individual in excerpts frorr~ an atlclress given by the Ombi~cisrnanat Begin by hiring people who have the knowledge, the case tracking system as a challenging complainant. the Atlstrdnsirrn and Pacific Orrtb~idsrrtanCoriference sltills and abilities to do the work. One of the criteria, This is a subjective test and respects the right of all staff (see page 26). for example, for any position at our Office now is to to err on the side of their own personal safety. Beca~lse have the demonstrable skills to deal with people who not all of 11s can know who these individuals might be len I first became Ombudsman for present with challenging behaviours. at any given tirne, this policy is supported by the BC, one of my Canadian colleagues Have a plan in place. Often the rnost vulnerable computer system. To ensure the policy is followed, there woke up one morning- to a nlagazirie- staff are those who work at the frontline and receive is a"pop up"screen on the case tracking system that will article entitled "The Workplace from Hell." the least pay. Involve those rnost affected on a safety inform any employee at any time of the plan to serve a Disgruntled employees had gone public with their and security committee. Give those directly responsi- particularly challenging person. workplace complaints. Not long after, I began to ble the authority to design the solutions. In our Honour the work of the staff. Provide adequate receive coniplaints frorn unhappy employees of Office, this initiative resulted in the redesign of the resources to give staff the support and tools they need other officers of the Legislature. Regardless of the reception area. We enhanced security with concave to do their work efficiently and effectively. Include riature of their grievances, the fact was that these mirrors, locked entrances, preclesigned escape in-service training, a library, a computer system and non-unionized workers had nowhere to go with passages, buzzers with well-untlerstootl codes, auto- educational opportimities outside the Office. Respect their complaints. The final incident was when a matic dial 91 1 dedicated line arid an employee buddy the skills of staff by setting up a mentoring program person complairiing to my Office became seriously system. Network with those outside the Office who that permits them the tirne to trade skills with others. tlisti~rbed and began stalking me and another can support your staff in times of crisis. Local police Set debriefing sessions when there is a particularly Ombuds employee. Her constant and unexpected should have a floor plan of the Office in the event of difficult investigation with strong emotional aspects, presence in the Office became a serious problem for a hostage taking. Dispatch should know that most such as the death of many children. Establish teams my frontline staff who were ill eq~rippedto cope with difficult situations will be handled internally, and that clustered by their assigned work to facilitate peer her ~~riwelcornebehaviour antl their own stress. any 9 11 call oitght to be taken very serioidy. support. Highlight the big and little successes by having As our Office was about to embark on the largest Train all staff. Too often stress management a set tirne at staff meetings for employees to share their growth spurt in its history with proclanlation of new focuses on the professionals responsible for the stories. Have regillar social events: birthdays, dinners or authorities, I recognized that I had to turn my atten- central work of the Office, in our case, investigations. showers, where people, if they so choose, can build tion to the level of well-being in our own workplace. ivlanaging the needs of the pilblic we serve, many of friendships and have a reprieve from engaging in Well-being has two components. The first is whom are angry and belligerent, and handling the stressfid work. Publicly praise the work of individids avoiding or coping with dangerous situations. 'She fallout from providing such a service, are tasks that who show particular creativity, courage or tenacity. second is promoting a healthy antl happy environ- all staff need to be educated in together. Training Too often the Ombutlsman alone receives the credit ment. 'She vi~lnerabilityof the Ombuds staff soon must be practical. Our Office has a psychiatrist in and praise for the work of her delegates. Share the became very clear to me. We often work physically Vancouver who provides on-the-spot consultations successes as an Office.

J;ulwrry Responsibilities in the BC Public on the Regulation of Nursing and ctolaer 8 Legislative Interns, Victoria Etlucation System, Appeals Midwifery, Vancouver 1 AM 1040 Radio, Vancouver, Road 15 Newcomers' Club, Victoria Process, V.mcouver 24 Annual Conference, Association Sense Auto Show 17/18 Redesigning the Child Health of Canadian College and 17 Legal Process Course, UVic 8 Surveillance Technologies: Ikbru;rry Encounter 111, Vancouver University Ombudspersons, Challenges to Privacy Rights, 18/19 American Bar Association, North Vancouver Conference, Victoria 19 Canadian Bar Association, Ombudsman in Federal Jdy 15 Provincial Council of Women of Poverty Law Section Government, Washington, DC 18 Twenty-second Annual BC, Vancouver 26 Ministry for Children antl 23 BC Health Regulatory Conference on Law and Mental 20 UVic Faculty of Education Families Syrnposii~nl,UVic Organizations, Vancouver Health, Montreal 22 First Chancellor's Reception, UVic Rh*cl1 Augarst Presentation of Distinguished 5 Career Day, Oak Bay High 28 Distinguished Alumni Award, Alumni scholarship 21 Leadership summit, Principals, School, Victoria UVic 22 UBCM Convention, Vancoi~ver Vice Principals, Ministry and 7 Women in Law Conference, Wic Jrme Senior Staff, Coquitlam ovealher 7 International Women's Day, 2 Society for Children and Youth 18-20 Australasian antl Pacific Islands 2 BC Council of Administrative Parliament Buildings AGM, Vancouver Ombudsman Conference, Tribunals, Richmond 10 Meeting with Dr. Seiichi Kitano, 2 Presentation re: setting up Internet Darwin, Australia 20 Kiwanis Club of Vancouver Osaka, Japan, Sociologist conimunications, to representa- Sep temher 21/22 New Volunteer Roles for Retired April tives frorn Ombudsman offices in Persons Workshop,Victoria 8-22 Host to three-person delegation 3 Legal, Constitutional, Ontario, Alberta arid Yikon from Parana, Brazil re: CIDA ecernber Administrative Committee, 9 Rediscovery Training Session, "twinning" project 8 Victoria City Police Reception Queenslantl, Australia - visit to Closing Ceremonies, Pearson 10- 12 Canadian Ombutlsman 15 UVic Downtown Advisory Office re: C~znadiariCharter of International College Conference, Regina, Saskatchewan Committee Open House Rights aunt1 Freedoms 1I Lunch at Government House, 19 Children's Commission, Panel 15 Forest Practices Board Annual 16 Auditor General of Canada - visit guest of Mrs. Garde Gardom Tribunal Division Training, Meeting, Victoria 16 Forum on Roles and 12 Third International Conference Vancouver

c.aidtlian Cataloguing in Publication Data O~nbdsreport1997 British Columbia. Office of the Orribi~dsman The Ombudsreport is published Internet http://www.ombud.gov.bc.ca Ombutlsreport : annual report of the On~butlsrnan, annually and tabled in the British Province of British Columbia. - 1993 - 1-800-567-3247 (toll free) Columbia Legislature. The report is 1-800-667-1303 (7'7'Y) available frorn the Ombudsman's Annual. (250) 387-5855 (Victoria) Title from caption. Office and on the Internet. (250) 387-5446 (7'7'Y Victoria) Issued also on sound cassette. Editor...... Eileen King Continues: Annual report of the Ombudsman. ISSN 1195-3373 (250) 387-0198 (Victoria fax) ISSN 1200-528X = Ombudsreport (Victoria) Designer...... Dee van Straaten (604) 660- 1691 (Vancouver fax) Production...... Denise Nicholls 931 Fort Street I. Uritish Columbia. Office of the Omb~~tlsman- Periodicals. 2. Ombudsman - British Col~~nibia- Periodicals. PO Box 9039 Stn Prov Govt I. Title. [I. Title: Anrid report of the Ombudsman, Province of British Victoria BC V8W 9A5 Columbia. 2nd Floor 1111 Melville Street JL429 .5 .04U74 354 .711009'1 C95-960241-0 Vancouver BC V6E 3V6 Services Act be amended to ensure that children in places of confinement are not denied the fi~ndamentalrights that are gi~aranteetlto other children in care 1) that the Ministry for Children and Fanlilies continue its effort to professionalize chiltl As this Arinid Report was going to press, the protection work, including regidation of the Ornbutlsman released Public Report No. 36, Getting contract sector that provides services to children There. The Report is the On~buctsrnan's audit of @ that government expand the jurisdiction of the government's response to recornmendations arising Child, Youth and Family Advocate to be consistent out of the Cove Inquiry into Child Protection. In order with the mandate of the Children's Commission. to ensure that his Report was not shelved antl forgotten, The Onibudsrnan cvill track government's Judge Gove recornmended that the Ornbudsnian response to her recommendations antl will continue monitor and report on government's implementation In Gettirlg ?'here, the Ombuclsman identifies antl to report to the public on their irnplernentation. of the more than one hi~ndredreco~iirrietldatio~~s to reports on Judge Gove's recommenclations in the Getting There is available in your local library improve the chiltl welfare system in British Colun~bia. following categories: and on the Ombudsman's web site at Gettirg There acknowledges the tremendous Q those fidly implemented by goverrirnent http://www.ornbud.gov.bc.ca. Copies can also be contribi~tionmade by the Cove Inquiry, which has hatl Q those not fully implemented, but are a work in pi~rchasetlfrom the Queen's Printer. Limited copies enormous irnpact on the way in which we provide progress are available upon request by contacting the pi~blicservices to children. Getting There, however, is (b those not acted upon and no longer necessary to Ombudsman's Office. about bringing closi~reto the Gove Report and moving pursue. on. The Ornbudsnian acknowledges government's bold In the case of those not yet implemented, the antl decisive action in implementing remarkable Ombudsman makes her own recornrnendations, Oirib~ds developed as a result of her investigation into stri~cturalchanges over a very short time period. GUIDING PRINCIPLE There is now a Ministry for Children and government's progress on Gove's recommendations. Farriilies devoted to integrated services to children The On~bi~tlsrnan'sthirty-four recommendations and their families. Children now have a minister who include: is solely responsible for representing their interests at that the Ministry for Children and Fa~niliesmust the cabinet table. t\ Chiltlren's Con~missionis in place encourage cornmimities to put forward their to review every death of a child in this province and own "Building Blocks" program proposals that to provide an avenue of complaint resolution outside focus on prevention, well-being and outcomes the Ministry for Children and Families. These are for all children from birth "firsts" for children in British Columbia. Q that s.70 of the Child, Fcitrrily and Corrtrrturtity

- I I Ms. Dc~mBryrrelsen's five-year-old clnughter, the PACU. 7'0 this clay I do not course of their child's hospitalization.

Eretdiru, died in 1990 ir~the Post Anaesthetic Care understand why it took seven years +ill, I think attituclinal change on behalf of Uplit (PACU) rlt BCs Chilclreri's Hospitrd (HCCH) crlf ter for policies at UCCH to change. 1 2m' the service providers is a critical part of (I jizirly routirle surgery. Ms. Uryrlelserl hod not been received the package of informa- the success of this program arid it is my ~dlotveclto be in the P'lCU with her daughter ajter the tiori on the PACU anti the booklet impression that this is still not fi~lly surgery. E~ollo~vingher daughter's death, Ms. Urynelsen Your Child's Surgery or Procedure endorsed by all staff at Children's a ttetnp ted to have a Coroner's itquest into the death, to on the seventh anniversary of my have the hospitd acknowleclge resporlsibility arid to daughter's death, October 4, 1997. Otub: Atlything else you cvould like to hive changes rrracle in the policy reg~irdingthe presence Had the Ombutlsman's Office not of parents iin the PACU. The followirg irlterview with been involved two years earlier, the Orr~Oucistr~arthighlights her corlcerns clnd the results practices would not have changed DB: I had requested a Coroner's inquest and I would still be working for into my daughter's death, which was of her efiorts. The Ombudsman has ~pproveclto hme $,* -"lij8-L~~y~ 1,1 the rrarrres of Ms. Brynelserl anel her late claughter this reform. denied. One of the unfortunate results of concealing my daughter's death from any appear in this interview. Ms. Brynelserl hns also cow Omb: Do you believe that enough charlges have beerr serrtecl to have her rtarrle used. real scri~tiny,such as a pitblic inquest, was the ttrade to protect children and allow parerrts to fact that staff at the hospital were never faced Omb: How could thitrgs have beert dqfererrt it1 the be more it~volved? with acknowledging responsibility for her ctrse of your (laughter, Eretzrlira? DB: The materials prepared by the hospital, includ- death. An untlerstanding of the tragic errors DB: Erendira was left i~nattendetlin the recovery ing the video, are a welcome step in the right that led to her death and acknowledgement of room (PACU) for at least fifteen minutes direction. Hocvever, in my opinion, these responsibility would have given a much greater almost in~rnediatelyfollowing her arrival there materials have been prepared by people who impetus to reform policy and practices. after upper airway surgery, antl suffbcatetl. The do not in their hearts believe that parents have I do believe, however, that the public main factor contributing to her death was the the right to be with their childre11 in such explanation and apology for the death of a fact that she was left unattended. Had a nurse settings. Materials will, I hope, be developed in young child at BCCH in June 1997 reflects a been with her and observing her or had I been future that reiterate strongly the importance to true value change at the administrative level. with her as I hatl requested, she cvould not children of parental presence in stressful The dialogue with the parents, media, public have tliecl. circimstances. Parents shoitltl also be and their own staff, and complete acceptance Otrrb: Wl~twere the ttrost frustrrititlg or upsettirrg educated to be alert to oversights or errors that of responsibility is a remarkable shift in rrspects ofyour attettlpts to have ckariges ttrrrcfe? busy professionals may make. Mistakes practice. Health systems all over the world will happen and an alert parent can prevent harm be impacted by their honest and open DB: It was extremely difficult to get information or, in the "worst case scenario," death. approach to that tragedy. The pi~blicas well about my daughter's death. The hospital was I have had no sense that the hospital was or benefits inirnensely by this honesty, and reluctant to cliscuss her death with me. The is working on attiti~dinalchange. In our meet- children are safer when we are all reminded so cororier's report took four months, was ing two years ago, called by the On~budsman, painfi~llythat mistakes happen. I was later told cornplirnentary to BCs Children's Hospital, with the President of BCCH and the Chair of by a senior BCCH administrator that they and was inacci~rate. the Board, we were assured that policies had changed practice, in part, as a result of Over the next five years, correspondence changed and that the recomrrienclations were Erenclira, their response to her death and the regarding her death antl my request for changes being followed. We were able to demonstrate lessons they have learned from it. in recovery room practices were often not case-by-case that the reality for parents was Thank you for your interest in this issue. I responded to by senior hospital employees. very different. Parents were not welcome, or hope that your article will serve to promote the Immediately following Erendira's death, were brought into the recovery room just as role of the Ombudsman in resolving such 1 asked that hospital policies be changed to the child was to be transported irp to the ward. issues by encouraging open and honest permit parents to be with their child in the Otrrb: Is the service adequately publicized? dialogue with pitblic officials. There are many recovery room. Changes were promised by lessons to be learned from my beautiful BCCH administration in 1990, but they did DB: One hundred copies of a video, parent daughter's death, and I hope that your article not happen. liesearch was clear and acknow- brochures, notices and other printed material will educate your readers as to the important ledged by the senior anaesthetist at BCCH that are only as good as the support and role of the parent in the hospital settings. there were only benefits to children, parents encouragement that staff can give to and staff when parents were permitted to be in individual parents prior to and the (A special thanks to Ms. Brynelsen for tltis interview). Page 4 0111hudsreport 1997 ream Co ue

@ creating a personal, harmonious relationship with the community by inviting people to vol~mteers,the "Ombuddies," will present to participate in making Ornb~tdswork known. The Ombudsman's belief is that many problems committee of Ombudsman staff and volunteers spent could be dealt with early on if people were more farnil- months planning, organizing and choosing a focus for iar with the concepts of natural justice and fairness. volunteers. The committee was chaired by Bill Making these concepts part of children's value system Siunrnersgill, the Ombudsman's Coordinator of will make them more aware of their rights as well as Volunteers. Also on the committee, along with current their responsibilities as members of our cornrni~nity. and retired Ombuds staff, were Genevieve Exley, The call for volimteers went out in September former Coortlinator of Volunteers with GVI-IS, and through the BC Ketired Civil Servants' Association. A Mrs. Margaret Bryarit, the Ombudsman's grade two number of interested senior civil servants applkd, teacher. The final decision was to link retired persolis and five were selected to be the first "ambassadors of and youth in a pilot project in the Victoria School fairness" to the schools. Each of the volunteers will Lhtrict. Currici~luniplanriers and educators tell 11sthat have a staff "partner" as mentor and guide. The grade five is the ideal age to introduce concepts of gov- volunteers have gone through a rigorous training ernment, rights and fairness. Children at this age are program to acquaint them with the work of the curious, eager to learn new concepts and have few pre- Ombudsman. They learned about such things as: conceived ideas about government and fairness. Both O principles of administrative fairness and nati~ral the Superintendent and the Chair of the Victoria School District have given their enthusiastic support to @ the Orrrb~ldsrriciriAct the program. @ the role of the Orribudsrnan @ the role and function of teams in the Office Dnve Strrples, @ techniques of classroom presentation retired O~rblirisstn/f retired OtrrO~~isstaff ($ how to listen to and engage chilrlren. The new volunteer Ombiddies will work with staff The rationale for the volunteer program, a dream antl a volunteer teacher from the Victoria School of the Ombuclsman, is to district to plan how they A magic blend: will present the concept of etiren fairness and the role of the Ornbutisrrian to the stu- civit servants, teachers, curriculum dents. Their presentation will include stories, groq equality and justice discussions, role playing actual grade five sti~dentsinterviewing Ombudsman the Ombudsman about her role, about fairness and @ encouraging self-help by enabling people to unfairness and about how to deal with conflict. We Murphy, Jatrres 'liviridy prepre the OrtrO~rristnirnprogrrrttr imderstand and pursue their rights and remedies hope the pilot will spread throughout BC. for grade five stlrclerrts.

Action 1. Senior Level Support 4. Barrier Identification and Removal Circulate plan to all employees expressing Completed for 1997 Review the paper, Eftiploynretit Barriers ntrd Actions Under way Office's commitment to Employment Equity (EE). Required to Elittlinate Thetn, arid recommend possible actions to address barriers in the Office. Ensure EE is integrated into Office Strategic Plan. Completed for 1997 Review BC Hiittinn Rights Code and identify to Underway Ensure EE is rot~tirielyon Management Team agenda. EE Team to report to Management Team I\/lanagement Team any iridividual needs in the quarterly workplace related to the thirteen grounds in the Code. Ensure that Management learn reviews and acts on As required Include statement on EE in Annual Report. Completed for I997 issues identified bv EE team in urevious two items. Communicate and raise awareness of EE by Under development Provide timely, consistent information regarding Ongoing showing EE related videos. job postirigs and career development. Discuss EE at Office staff meetings to share ideas Ongoing Complete job descriptions using KSA approach and Co~npleteti and obtain feedback. use classification systems that support this approach. -- 2. Resources Fill vacancies using evaluation methods based on KSA. Completed in 1997 Establish Office EB team to charnpiori EE activities. Completed Create opportunities for bridging. EE '1Parn reviewing Provide EE team with time and budget to carry out Ongoing 5. Remedial Measures approved meetings, consultations, training and communications. Support career development opportimities through Ongoing secondnient and temporary assignments. Modify workplace to accommodate inciividual needs. Ongoing Support Mentoring program. Ongoing 3. Training on EE Issues Recruit practicum Aboriginal students. EE Team reviewing Provide Hnrassttzetit Awareness Trnitzitzg Under development for all employees. 1998 Provide employment opportunities to persons who have a Completed in 1997 disability from the Skills Now program and from Tideline Ventures. Provide fiilriing Diversity course for EE team. EE team reviewing 6. Goals and Timeframes for Improving Representation Provide Aborigitznl Cultural Awaretzess course Completed for 1997 - for all staff. Under development Continue placement of practicum Aboriginal students. EE Team reviewing 1998 Ensure special notice of vacancy competitions to Completed for 1997 Provide timely arid consistent information for Ongoing groups representing First Nations. Ongoing for 1998 secondrnent and temporary assignment opportunities. Recruit for two positions with a preference for First Nations. Completed for 1997 - Enable Director of Corporate Services to participate in Completed for 1997 7. Monitoring Progress course on reasonable accommodation in the workplace. Monitor workplace profile data. EE Team reviewing Provide semi-annual progress reports to Management. Under development Ombadsreport 1997 Page 5

lIolcling the 0nLboclsm.m to Aeeounl

total of six days over a period of many months to using 1997 the Office of the Ombudsman develop the components of the plan. In between began its first Strategic Planning process. Core Team meetings, other meetings (referred to as 'The purpose, in part, was to address a "parallel process" meetings) were held with all staff in number of operational issues in the Office, but more the Victoria and Vancouver offices to review the ideas irnportant, with the approaching twentieth anniver- antl work of the Core Team and to add further ideas. sary of the Office in 1999, it was time to articulate the strategic direction and priorities for the future and make these publicly known. Once a complete draft of the plan was put Of the many mottels for conducting strategic together, parallel process meetings were held in Victoria planning, some work well and some often end in anct Vancower with a randomly selected group of hilure. An irriportant belief, in the process used by representatives from public bodies. The comments and the Ombudsman, is that people support what they help input from this "external" group were very helpful and create. For this reason, the Ombudsman ilsetl an many good suggestions were put forward. However; it inclusive process that involved all of the staff in both was very important that these suggestions be office locations anct that also sought arid incorpor- considered by the Core Team and the rest of the staff ated input from senior officials in some public bodies to decide which sho~rldbe included antl coirld be the Ombudsman is authorized to investigate. actively supportect. The On~budsmanestablished a Core Planning I believe that the Strategic Plan for the Office of the Team that included the members of the Management Onibudsman, 1997 - 2001, is both challenging and yet Team, each of the Investigative Team Leaders and the realistic, has a strong consensus of support from the Managers of the Administrative, Intake and Systems staff, and most important, establishes a strong frame- Teams. This Core Team met on four occasions for a work for promoting fairness for British Columbia.

Treating everyone with courtesy, dignity and respect.

Modeling and promoting fairness, equity, clarity, innovation and consistency.

Promoting equality, inclusion and ur Core Strategies represent the major ongoing initiatives to be implemented or inlprovetl in order to access for all persons regardless of such achieve our Vision antl Goals. Specific actions are listed in the Strategic Plan to carry out each of these Core Strategies over the period from 1997 to 2001. factors as age, gender, marital status, sexual orientation, physical or mental ability, race, national or ethnic origin, religion or creed, language, and family Ornbudswork or economic status. 7b manage work load in the most efficient and fair manner possible, having regard to our statutory mandate and limitations on resources.

Onlbuclsmanship Encouraging and helping people using To broaden and enhance our i~ntterstandingof Ombudsrnanship and to generate creative approaches to the public services to find their own solutions application of these principles in collaboration with Ombirdsman offices in other jurisdictions. to problems. Continuous Quality Improvement To tlevelop and implement actions to achieve high-quality service on a continuous basis.

Promoting antl encouraging continuous Systemic Approach to Investigations learning for staff, authorities 'To enhance fair public administration by actively employing a systemic approach to the investigation and resolution of complaints. and the public. Ex term11 Ecluc ation and Corrimunication 'I'o broaden the public profile and in~proveexternal untlerstanding of the role of the Ombuclsman and administra- tive fairness through well-planned initiatives directed towards both the public and authorities. Using cooperation, empathy and good will in all our work. Well-being To promote well-being in the workplace through effective commi~nicationand adherence to our Guitling Principles.

Combining the diversity of experience The central theme of our Office is to prornote fairness for British Columbia. Our focus for now and talent of people who have a unity of and through the year 2001 will be to strive for ongoing improved quality of service for all those we serve. We are committed to making our plan a reality. purpose and commitment to success.

Being independent, impartial and honest. Page 6 Ombwlsreport 1997

espect for self, for others and Highly technological ci~lturescan for the world is the basic learn a great deal from indigenous philosophy behind this cultures if they simply silence the program of youth camps for young mind, surrender the desire to control, people, native and non-native, boys tale tlie time, pay the respect and and girls, whether in crisis or not. listen. Listening is the key to cross- Ilecliscovery began in Masset, culturai understanding. Indigenous Haida Gwai (Queen Charlotte Islands) cultures are vibrant, but primarilv in 1978. The first staff' nlernbers were oral, not written, and words are trained in environtr~ental education carefullv measured before being antl outdoor theatre; they had spoken. Listening, the cornerstone of wilderness experience antl It~iowledge fairness promoted by the gained from contact with other Ombudsman, is the common fountla- cultures. But the most important tion of Rediscovery. element was supplied by the Haida The essence of Rediscovery can Elders, who brought their wisdoni, he summeti up in the words of a a continuity with the past and a participant, written while she was willirigness to share their traditions alone at her Spirit Spot - a place with non-native children, as they did chosen by an individual that feels with their own. special and full of power, and where As the Haida Gwai Rediscovery she or he can go each day for quiet A barrner made by Gitskan Rediscovery, Kispiox, BC. program developed and matured, introspection and intimate observa- other communities became interested, tion of nature. and within a few years, programs were standards, and none discriminates Drawing on the strength of ... I lay back and listen set up in many parts of British on the basis of race, sex, creed or indigenous culture, the Columbia, and throughout the world. nationality, there are more distinctions to the water's song In 1985 the Rediscovery Inter- than similarities between them. wisdom of Elders, with a this is the way it should national Foundation was established NO two cu~turesanct no two bioregions philosophy of respect and sometimes be to support the broad international are ever alike and Rediscovery love for the Earth, . , to just Mother Nature with me. network of affiliated programs. Each is programs reflect that wonderful empower youth of all ages to comn~unityfounded and community diversity. Rediscovery offers a new discover the natural world, (From an interview with Thom based, independently administered direction for youth camps all over the Henley and excerpts from his book, and funded, and i~niquelysuited to its world. the worlds between cultures Rediscovery, Ancient Pathways, New bioregion and indigenous culture. The Vision Statement of the and the worlds within Directions, Revised Edition, 1996, While all Rediscovery programs meet Rediscovery International Foundation themselves. Lone Pine Publishing) agreed-upon health and safety states the goal of the program well:

Checklist for Culturally Competent excerpts from Administrative Ethics Checklist, Orrz b~ulsrrrnrlfor Horrg Kong

e purpose of this checklist is to provide in 17 How would you rate your organization's Do you always avoid explicit or potential a ready, though by no means exhaustive conflicts of interest which might cause level of cultural competence? form, general guidance on the gootl deviations from the good principles of honesty administrative ethical practices that are considered and integrity or bring your organization into Client services and reception are user-friendly, important by the Ombi~dsman.It is hoped that the disrep ute? welcoming clients in languages other than English. checklist will assist public officers in the best poor fair good excellent Professionalism and Public Interest [TI performance of their public duties at a historical time 17 Are you in constant search and gain of Information about services is available in the when Hong Kong will shortly become the Special knowledge and expertise to enable you to languages of our community. Administrative Region. perform your public duties to the best of poor 0fair 0gootl 0excellent How would you rate yourself? your ability? Decoration, posters, brochures and reference material Sense of Responsibility and Accountability Do you observe the ethical practices of your reflect different cultures antl interests. Are you performing your public duties to own profession? poor 0fair good excellent the best of your ability in accordance with Have you always considered a client's The foods, custon~sand holidays of a variety of the law, policy, goals, objectives, performance dissatisfaction as a possible means of cultures are honouretl. pledges, administrative procedures, instructions improvement and not mere criticism? poor n fair good excellent and orders of your organization? Courtesy, Equality and Equity n Do you act within your delegated authority Do you treat your clients and colleagues with Interpretation and translation services are readily n or power? respect, courtesy, consideration and reason? available for clients and employees. Making of Decisions poor n fair good excellent Loyalty and Dedication Do you avoid i~ndiredelay in taking actions Do you act with loyalty and dedication to your Community is involved when policies, programs and or making decisions? job and your organization? services are being developed or revised. n Do you ensure that your decision will not O Do you enjoy a sense of pride and dignity in poor n fair good excellent r_7 hinder or even harm someone, be it a client, your duties in serving the community? a colleague or a third party? The attitudes and behaviours of staff members show Economy and Environmental Consciousness respect for cultural diversity. Can you justify your decision before your Are you mindful of avoiding the waste, 0poor fair good excellent clients, colleagues and the public, and can abuse and misuse of public resoi~rces? you explain it fairly, with the conviction that Personnel policies arid practices support the principles you have acted properly under the Are you conscious of the need arid importance of the Mdtiallturalism Act, the Hurrzarl Rights Code circumstances? of preserving the environment? and the Cardiarr Charter of Rights arrd Freedom. Thefidl text of this Checklist is availrlble as Occrtsional Paper 0poor fair good 0excellent Honesty and Integrity 0 Are you acting with honesty, integrity and good #63 from the Irrternational Ornbuclsrrran Irlstitute, c/o The The rrrrlterial wos prepred by the Public Service Employee Faith? Law Centre, Urriverdy of Alberta, Edrrronton, AB T'6G 2H5 Relcitions Cortrttzissiorr of British Columbia, Errrployee Development Cerrtre arrdpreserrted by Irrder Mehat, a private 17 Are you not afraid of admitting your mistakes consultant. Mr. Mehnt is currently Manager for and do you take positive steps to prevent their Orgnnizationd Developtnent with Multiculturism UC. recurrence? Omh~~clsreport1997 Page 7 hildren e+

been reviewed interrially by the MCF or when the to clismiss the complaint or may refer it for issue is before a court or another tribilnal. review by an independent tribunal (chosen from a roster appointed by the Attorney General). Will clrilchen he listened to drrring Ikasons for dismissing a complaint may, for the Clrilclr*er19sCom~dssior~ review? example, be that the complaint is withdrawn or he External that the Children's Comn~issioner finds that Yes. All parties to a complaint have the right to be there cvoultl likely be no benefit to a child by omplaints Role of the heard during the review process, including the child. proceeding with a review. The Advocate has agreed to ensure that children have Panel reviews are conducted in a manner best Ililclre~~~sCommission appropriate advocacy support during internal MCF and suited to the child anti the type of complaint. by Eric Jones external Chiltlren's Cornmission reviews. The level of formality may vary but the review Director of External Cornplaints The goal of the Children's Cornmission is process must, above all, be fair, accessible and Children's Commission responsive to the child. at the invitation of the Onibi~tlsrnan to help solve problems affecting children After hearing everyone's views, antl if the panel in a non-confrontational manner that decides that the child's rights have been breached e Chikireri's Cornmission Act establishes the best protects the child's rights and serves or that a cornplaint is justified, they may make an Children's Co~nniissionas an independent her or his needs and interests. Being order ant1 recommentlation to MCF. agency to ensure that children are protected If the Children's Commissioner believes that and properly cared for in their dealings with the child-centred requires a commitment to MCF has not taken adequate steps to respond to Ministry for Children and Families (MCF). services that treat children with dignity a panel order, she may then report to the and respect. Minister for Children and Families and, after thirty days, make the report public. 'She goal of the Children's Commission is to What c;ul be expected clll~ringa help solve problems affecting children in a non- The complaint review process should be review by the Chilclr*engs confroritational niariner that best protects the child's accessible to each eligible child, chiltl-centred and Coruirr ission? rights antl serves her or his needs and interests. Being solely concerned about the child, fair to each review chiltl-centred requires a commitment to services that participant, partici~larlythe child, and responsive to Comrnission staff will gather and assess relevant treat children with clignity and respect. Crucial to this the neetls and circumstances of the child. information by, for example, talking to those commitment is the creation of fair internal and irlvolvecl and reviewing documents and MCF external complaint resolution processes. These Who can colrpl;~into the Chilthv~Ps files. processes must be available when conflicts involving Staff will notify those involved whether a complaint children cannot be settled through regular case- is accepted or refused. The child, the child's parent, the Child, Youth management processes. When a complaint is accepted staff will gather A Children's Cottimissiori Guide to External and Family Advocate (the Advocate) or any other further information, and make efforts to person representing the child. Corriplnints provides more detailed information antl negotiate a settlement that best serves the child's can be obtained by calling, toll free, 1-800-859-1441. What c;m he complained ;rhout? individual neetls. When a complaint is not settled, staff will prepare -7mfo How can a conlplaint be made to the Most MCF services for children, iricli~dinga a report for the Children's Commissioner. A copy -A Children's Commission? cornplaint about the breach of the rights of a child in will go to each person involved in the clispute. Children's Comrnission care under the Child, Fmtlily ard Cotnrnurrity Services 'She report may include a description of the PO Box 9207 Stn Prov Covt Act or about a MCF decision, inclutling the decision complaint, the agreed to hcts, efforts to settle and Victoria BC V8W 9Jl to deny a chiltl access to a designated service. The special considerations concerning the chiltl. 1-800-859-1441 (toll free) Commission cannot accept a complaint before it has The Chiltlren's Conlmissioner may then decide (250) 356-8972 (fax)

Child, Family and Community Services Act Agreements with youth many years the Ombudsman's Annual children unless they are in ministry care. Some older Sub~ect to the regihtions, a director rrmy eport has commented on the clilenlma youth may not want to be part of "the child welfare make a written agreement with a youth who experienced by youth imtler nineteen who system." In addition, s. 9 of the Child, Farrrily and needs assistance and who apply for income supports from government. Cornmwiity Services Act is not yet proclaimed. The (a) ccirirro t, in the opinion of the director, 'I'he Ministry of Human Resoirrces (MHR) resulting dilemma for those youth who "fall through be re-established in the youth's fiitriily, administers irncome si~pportprograms, now called the cracks" is that, in order to receive service from the or BC Benefits. For a ~0~1thto be eligible for benefits, a Ministry for Children antl Families, they must (b) kns no pnrent or other person willing maintenance enforcement order l nu st be assigned to demonstrate that they are in need of protection. Few or able to assist the youth. the Family Maintenance Enforcement Program. The people would assume that most youths of seventeen The ngreerr~erit may provide for one or outcome for underage applicants is that they have an or eighteen are not able to protect themselves. more of the folio wing: order for maintenance against parerits with whorn An imderage youth who is a partner in a (a) jirinricinl (~ssistcir~ce; they may have a tentative relationship at best. This common-law relationship with an adult faces (b) residential, erluc~itional or other MMR requirement may make the repair of family additional challenges from both MHR and the services to assist the youth. relationships more tliffici~lt. Ministry for Children anti Farnilies. Both ministries The agreernent tn~lstincluie a description The experience of the Onlbudsman's Child and may conclude that the youth can return to her parents, of the services to be provided by the Youth Team has been that iunderage applicants encounter since her parents are responsible for maintenance, director and the goals to be rnet by the several blocks when attempting to obtain benefits. although her adult partner may be approved for youth. The team has found that BC Benefits: benefits. The youth cannot be approved as a dependant Before rtictking the agreerrrent, the director @ is an adult service that is riot sensitive to the of the adult partner because of her age arntl her rnlfst circi~nistancesof young people common-law relationship, nor can she apply as an (a) consider whether the agreement is in @ is not flexible and applies rigid criteria across the indivicli~albecause she is residing in a relationship with the youth's best interests, and board that do not recog~iizethe circumstances someone who has income. It appears that these yotit11 (b) recornmerid that the youth seek advice that youth find therrlselves in are often subject to decisions based more on some view frorn an independent third party. 0 is based on the principle that intlividuals must of morality than on policy about being in need. The initial term of the agreernerrt must not exhaust all options before seeking assistance, and that The proclamation of s.9 of the Cldd, Fmnily and exceed 6 rrronths, but the agreement rrray be parents are responsible for rnaintaining chiltlren Cornrnw~ityServices Act may not address the needs of renewed for terrns of up to 6 rrmriths e~lck. 0 demonstrates a philosophical opposition to giv- every youth who needs support, but it seems to be a No agreernent wider this section contini~es ing pitblic money to children, that is, youth who preferable alternative to the current situ'ltion. The beyond the youth's 19th birthday. are the responsibility of their families imtil they Ombi~dsrrianlooks forward to proclamation of s.9 in For the purposes of thls section, 'jlouth" reach nineteen years, the age of majority. 1998, as recommended in her Public Report No. 36, includes a person who Cirrrently, the Ministry for Children and Getting There, a Review of the Implementation of the (a) is ~inder16 years of age, and Farrnilies does not provide income support to Cove Inquiry. (b) is married or is a parent or expectant parent. Children & Youth

youth appealed a decision to her local school of a stuclerit, the parent of the student or the (a) make a clecision under this section as soon as board with the expectation that the final stuclerit may, within a reasonable time from the practicable after receiving an appeal, arid .decision would be made by the Board of date that the parent or stident was infortrieci of the (b) prorriptly report that clecisiori to the person Trustees. However, the school board's appeal policy at decision, appeal that decision to the board. making the appeal. the time provided for a conunittee, made up of senior (3) For the purposes of hearing appeals wider this The Superintendent of the School District administrators arid two trustees, to be the final arbiter of section, n board trrrust, by bylaw, establish an informed the Ombudsman that the district appeal the appeal. She believed it was unfair to be denied the qpalprocedure. policy was intended to offer a comfortable and infor- opportunity to have the Board of Trustees hear the matter. (4) A boarcl may rrefiise to hear (in appeal uncler nlal opportunity for students and parents to resolve Upon reviewing the young woman's concerns, this section wrless the cqpellant disclmes the complaints. He was nonetheless appreciative of the the Ombudsman concluded that the school district's tlecisiow uricler appeal with one or rnore persons as observations and comments from our Office. appeal policy did not reflect the intent of the School directed by the board. The Board of Trustees, after reviewing its policy, Act, which states in s.11: (5)A board may establish one or rrrore comrnittees for developed a new appeal policy that provided a range Ayyenls the purpose of investigating appeals ~irderthis section. of options for resolving problems, with an opportu- 11 (1) Iri siibsectiorrs (2)and (4), "decision" includes (6) A board may make any decisiori that it considers nity for appeals to ultimately be heard by the Board of thefirilure of an erriployee to rtmke a decision. appropri& in respect of the rnatter that is appealed to it Trustees. The school district, the students and their (2) If a clecision of arr erriployee of a bonrrl irncier this section, and the clecision of the board is final. advocates all benefited from this effort to ensure a fair significaritly afiects the erl~iccitiori,health or safety (7) A boarcl rrurst administrative appeal process.

Throughout the Otribildsrnan's Armid Reports Act, a violation of the rights detailed in s.70 car1 be Children's Commissioner cari give expert opinion reders are infortriecl of the ways in tvhich the directed to the Tribunal Division of the Chiltlren's about a decision, can be competent in child welfire Otrrbir~lsrncrrr holds pirblic agencies accoiint~ible to Commission for a hearing. matters. The Ombudsman has no authority to direct aclrninisterpublicpoli~yfairly The Ombirdsman herself is If the Tribunal concludes that the right has been change. If the Children's Coniniission has the power accoilri table to the Legislature. Irr May 1997 she presen ted violated, it cari direct the Director of Child Protection to order rather than the power to recommend, it will to the Special Cornrrrittee of the Legidatwe into the Cove to cease the violation. Section 70 of the Child Fcirriily not have to rely on public argument to convince Irquiry I-'ortions of the presentation are reproduced here. arid Comrn~iriityServices Act does riot address a child's authorities to implement a recommendation. The In this first sirbrrlissiorr to the Special Cornrnittee the right to choose where she or he wants to live, a process of making recommendations that must go Orrrblrcisrnm Oenlt with the partiarlar roles of those fundamental issue for children removed from their public for purposes of persuasion is not a child- responsible for the interests of children arid youth. parents. Children in care must have access to review, centered process. To serve the needs of children, the and participation in tlecisiorls to change their Children's Comrnission must have the ability to make placements, with the ongoing assistance of an a decision that is in the child's interests. will now outline how 1 see the present system advocate. The Chilclren's Commission will be able to The Children's Commission is to ensure that responding to quality of service concerns: hear coniplaints about placement that were not children's rights are respected, that the system If the complairlt is that there is no advocate resolved by the internal complaints process. protects the children from harm, and that decisions are provided to a child or youth in trying to resolve a in the individual child's interests. The Children's matter with the ministry, the cornplaint goes to the Comme~ltsand Observatiorns Con~missiondoes not review process or adniinistrative fairness. Unlike the Ombudsman, who is an Officer of Child, Youth and Family Advocate. Judge Gove intended that the Children's the Legislature, the Children's Commissioner is The Children's Advocate should be involved, as Comrnission be responsible to ensure that there is a accountable to Cabinet, is appointed by Order in appropriate, at any step from the initiation of an process in place outside the Ministry for Children and Council, and reports through the Attorney General. internal complaint process through to the investiga- Families that will address complaints. The Children's The Children's Commission is an authority with- tion by the Children's Commissioner, to ensure that Commission I~LIS~be vigilant in remaining separate in the jurisdiction of the Ombudsman to review. If the child or youth's voice is heard and considered by from the Ministry for Children and Families, and ought the Children's Commissioner were to go beyond her those making the decision. not to be seen to be designing the ministry's decision or legal mandate or jurisdiction and make an error in complaints processes. The Children's Commission If after the internal cornplairlts process has law or in fact, the complainant would have the option needs to ensure that an adequate complaints procedure unsuccessfully tried to resolve an issue, the of a complaint to my Office or judicial review. If the is in place in every region and that advocates are co~nplai~itthat the ministry's decision is wrong goes complainant believed that the Children's welcomed and included. I believe that the to the Children's Comn~ission. Commissioner erred or conducted her process Comniissioner shares this expectation. The Children's Commission can review the unfairly or inappropriately, the Ombudsman could I11 addition to responding to complaints, Juclge merits of the ministry's decision and ensure it is in also review these allegations. Therefore there is no Gove envisioned that the Children's Commission the child's interests. The outcome for children is that need for a formal appeal process internal to the would address the problem of children in care if they continue to oppose the decision or action of Children's Commission. drifting through the system. My understanding is that ministry staff, the merits of the decision can be Some would consider that there are now too many the Children's Comrnission would not implement reviewed or investigated by someone outside the options for children, youth and their families. I do not plans of care but would monitor the adherence of the child-serving ministry. agree. Each body now in place has a distinct and Ministry for Children and Fanlilies to staridards for If the cornplaint was that the process by which the important role to play. What is critical is that each managing plans of care. ministry or Children's Com~nission or any child- office understand its duties, that its role be The Children's Conimissioner must have the serving public agency responcleci to the child or youth clearly articulated in legislation and that any ability to report publicly through her anriual report. was not fair, it goes to the Ombudsman. confusion on the part of the public be minimized by The Children's Commission legislation needs to The Children's Commission does not consider the each office not usurping its statutory mandate. In my ensure discretion arid ability to reconsider decisions if process by which a decision was made, since the opinion, choices are important for people and this new information comes to light. Ombudsman continues to fulfill the mandate of includes children, youth and their families. It is incum- Judge Gove identified some limitations to the ensuring administrative fairness at all stages for all bent upon each party - Child arid Farnily Advocate, existing role of the Child, Youth and Family Advocate, parties affected. If a corriplainarit takes issue with the Children's Commissioner, Ministry for Children and which the Advocate will address. The Child, Youth process by which the decision was made, that someone Families, the Public Trustee, and the Ombudsman - and Farnily Advocate has restricted jurisdiction, does treated her or him unfairly, then the complaint goes to appreciate the role it has been granted by statute, riot review decisions but advocates for the child or directly from the internal regional complaints process make it known to the public and vigorously resist blur- youth, and has no authority to require change. Her to the Ombudsrnati. Children and their advocates ring the boundaries between the offices. While each statute requires her to provide information and therefore have access to a full range of reviews, ensuring office seeks to serve the children it is designed to serve, advice to government about services to children but that their voice is heard and considered, that their rights we all must avoid the temptation to pursue cases not does not empower her to direct the provision of are respected and that they are treated fairly. properly ours, regardless of whether our motivation is services. Thc Advocate's role is to ensure that the altruistic or because we are trying to be all things to all Currently there also exists another independent, but child has an advocate. people. Fairness for children and youth requires that limited, review of complaints from clients of the min- The Ombudsman is not an expert on child we respect one another's roles and that we be patently istry. Under the ChiM Family atrd Cotrimunity Services welfare but rather on administrative fairness. The clear about those roles, to their benefit. Ombudsreport 1997 Page 9 Children 6 oin

etting to the heart of a matter and finding 0 although she had asked her father on many returned to her home province a helpful solution to a complex problem, occasions to enroll her in school, he had failed to 9 any outstanding charges from her home beyond just the surface facts, is often time do so because they were frequently on the move province could be transferred to BC consuming, but ultimately rewarding. The Ministry 6 she had fled from court charges in her home she could enroll in school immediately for Children and Families (MCF) was faced with a province 9 her father's criminal history made it unlikely that very complex situation of a fifteen-year-old youth 0 aside from one minor incident with the law, she he could ensure the safety and well-being of his who complained to the On~budsmanthat it was not had stayed out of trouble since coming to BC. daughter. safe, nor in her best interests to return to her home The young woman wanted to remain in BC As a result of the review and a risk assessment province. She wanted to be placed in the care of the because she had a good relationship with her based on all the information available to him, the ministry. probation officer. If she was allowed to stay, her district supervisor found the youth to be in need of 'This was the situation: probation officer could get her into school; she had protection. She was taken into care under section 13 she had lived away from her home province for made a positive connection with new friends and of the Child, Fmtily and Community Services Act. approximately one year, and had lived in BC for with a highly functional family who also cared for 'This complex matter was reviewed in a child- six months of that year her. She believed that if she could be placed in foster centered, integrated manner, with a focus on the her mother had serious drug and alcohol problems care and allowed to remain in BC she would get a safety, well-being and development of this young and was unable and unwilling to permit her fresh start away from the dysfunction of her family person. The district supervisor clearly could have daughter to live with her should she return home and the pressure of former peers. made arrangements with the authorities in her home because she had previously been involved in The initial decision of the MCF's district province, informed the child welfare authorities of juvenile crime, nearly all of her connections in supervisor was to return the youth to her home any other concerns and sent the youth home. The her home province were with people who were province. In fact, responsibility for this youth rested rationale, particularly in times of fiscal restraint, engaged in criminal activity with the authorities in her home province and she had would be that she belongs to another province, and she did not believe she would be able to m,'1 k e a outstanding court matters to settle. that province ought to be taking financial and social break from her former peers, nor did she believe However, after discussing the situation with the responsibility for planning for her. However, the she would receive any family support to make a Ombudsman and with the youth's probation officer, district supervisor and others involved in the decision new beginning the district supervisor agreed to review his initial had the courage to listen to the youth, carefully her father had an extensive criminal record and decision. He considered the following factors: gathered the facts, looked at the risk of sending her hcld helped her flee her home province 9 this youth had made some very positive home with her father and made a decision based on because of her father's tirug habits and her connections in recent months and had shown her specific antl inciividual needs. Decisions of this formerly entrenched street life-style she had improvement in several areas of functioning sort require courage, principle-based practice and a agreed to do drugs with, her ather and assisted Jb she would have little chance of avoiding further willingness to take risks that favour si~ccessful him to buy and sell drugs criminal activities and consequences if she outcomes for the individual child.

vour e A

young man complained to the Ombudsman nine-year-old girl had been identified as that the former Ministry of Social Services had having an Attention Deficit Disorder and was n International Summit of Sexually failed to provide adequate care for him when, in a special class. She took the bus to school. Exploited Youth was held in Victoria, BC as a youth, he came into government care as a result of Because of her behaviour, her bus transportation privi- from March 7 - 12, 1998. It was hosted by being orphaned. The ministry collected orphan's benefits leges were suspended by the school district for five days. PEERS (Prostitutes Empowerment, Education and from the federal government to cover the cost of the Her mother, who was enrolled in a training program, Resource Society), the University of Victoria School youth's care. In 1990, having completed an investigation, feared that she could not continue if she missed days to of Child and Youth Care and the Office of the the Ombudsman recommended to the then ministry of stay home with her daughter, since she could not find Ombuclsman for British Columbia. UNICEF antl Social Services that it repay to the young man the alternate transportation. She had tried, without success, ECPAT (End Child Prost~tutionin Asia Tourism) benefits it had collected. The ministry declined. to resolve the matter at the school level. were also active supporters of the Summit. When the Ministry for Children and Families The Coordinator of Student Services reviewed Out from the Shadows was a follow-up project to was created, the young man returned to the with us the district's transportation policy in the the World Congress against the Commercial Sexual Ombudsman to inform us that he had written to the event of a student's non-compliance with the safety Exploitation of Children, held in Stockholm in August ministry asking that it honour the Ombudsman's stantiards. Apparently, the student had refused to 1996. Of the thirteen hundred delegates in Stockholm, 1990 recommendation. The young man believed that remain seated while the bus was in transit, and both only fifteen were youth and of these only three had if the new ministry was truly different from its the student and her mother had been warned earlier. experience as sexually exploited children. Prior to the predecessor and if it really placed children as the Since it was not clear whether the recently changed Victoria conference, twenty focus groups were held client, then it would respond more fwourably. procedures had been followed at the time of the with youth involved in commercial sexual exploitation previous incident, the Coordinator agreed to discuss 111 Canada, the United States, Central and South The Ministry for Children and Families the situation with the school principal. America. The initial three days of the Victoria demonstrated to the Ombudsman and The principal found that the procedures had conference brought together forty-five youth delegates not been adequately followed and reduced the identified at the focus groups. They developed their to the young man that it was committed suspension to two days. When the mother was told of own Declaration and Agenda for Action. In the final to ensuring that the child was the client. the decision, she was able to make arrangements for two days policy makers, lawmakers and professionals The Ministry for Children and Families, having her daughter's transportation for those days. came. They listened, heard the voices of the youth agreed to review the previous decision to deny a During our contacts with both the parent anti the and rnade a commitment to implement the recom- refund of his orphan's benefits, conclucied that Coordinator of Student Services, we raised the possibility mendations in the Declaration. payment to the young man was appropriate and fair that a similar problem could develop in the fi~ture.The The summit was co-chaired by Cherry Kingsley, in the circumstances. First they ensured that he Coordmator met with the girl's mother and worked out a a survivor of commercial sexual exploitation, and the received independent legal advice prior to signing a longer-term solution that was satisfactory to all concerned. I-Ionourable Senator Landon Pearson. They, together release, then made the payment in full. with the Deputy Ombudsman, Brent Parfitt, are to The Ministry for Children and Families Children e+ Youth Team be congratulated for organizing such a successful demonstrated to the Ombudsman and to the young Files O~enJan. 1,1997 180 conference. man that it was committed to ensuring that the child 1112 The Ombudsman's 1998 Annual Report will Files Received in 1997 was the client. The Ombudsman believes that the report on the Summit, and in particular, the Reopened 1 ministry's actions were fair and just, and sensitive to Declaration and Agenda for Action, in complete Closed - No Investigation 326 the circumstances of the young man who had detail. The fi~lltext of the Declaration can be Closed - Investigation 592 continued for several years to fight for the return of found on the Ombudsman's Homepage at Internal Team File Transfers 4 the benefits that he felt were rightly his. www.ombuci.gov.bc.ca Files Oven Dec.31. 1997 371 Local Government

r the last two years, I reported progress in the lives in the house owned by his niother until her n a man applied for a building case of a waterfront property almost lost to the death in 1992, and rents part of it out to provide an permit in May 1995, he was told that as owner at a tax sale. In that case, the courts income for himself. Mr. A had done nothing to a condition of receiving a permit he reversed tlie transfer of title in the tax sale, arid when it regularize this situation. When the Onibuds~nari was required to pay a sum to the Regional District for was established that the owner was not capable of man- became involved, neither Mr. A nor anyone else had water connection. He did so, and was granted the aging his own affairs, his interests were protected by the paid tlie taxes for four years. The property had permit. Four months later he became aware that a I-'nblic Trustee. The Ornbudsnian's concern was that our forfeited and been sold over eleven months earlier, private utility, and not the district, was providing the current tax sale provisions had the potential to allow for and the sale would be final i~nlessthe city received water service. He asked the district to refi~ntlhis gross injustice. At her request, tlie Ministry of Municipal $4,300 within ten days. It was not clear that Mr. A payment. The district acknowledged that it did not Affairs comniittecl to work i~nderstood what was provide the water service, but stated that it was riot towards revision of the ~h,OrrlbLldsman's concern was that our happening. legally obligated to refund his payment. legislation. City staB had tried to The ministry arid current tax sale provisions had the balance the legislation, Four rnonths later he became aware that the Union of BC potential to allow for gross injustice. At fairness to the ~11rchaser a private utility, and not the district, Municipalities (UBCM) her request, the ~inisrr~ofMunicipal and concern foi Mr. A's was providing the water service. are engaged in a rni~~ti-year particular situation. We Affairs cornmitted to work towards The Onibudsman reviewed two issues with the process of reviewing the discussed with them district: Municipal Act antl jointly revision of the legislation. and with the Office of the 0 whether there was, in the circumstances of this proposing amendments. Public Trustee op tions case, a legal obligation to refund the fees paid by Unfortunately, this process takes time, and niemwhile for avoiding an unjust outcome, The city responded the nian because of a mistake the Ombudsman remains concerned and watchful for magnificently by ensuring that Mr. A received inde- 0 whether principles of administrative fairness fair process in individ~dcases. pendent legal advice. Fortimately, the lawyer was able might nevertheless call for a refund in this case, One example we dealt with this year ended well, to locate an old bank account in the name of Mr. A's even if there was no legal obligation to do so. but points out tlie potential for tragedy. We mother, and to satisfy the bank that the money could The district advised the Ombudsman that it cornrnerld the local government involved with this arid should be used to stop the forfeiture of the would make a refund, with interest, to the man and property for walking more than "the country mile" property. to several other property owners who had been in the on behalf of the landowner. I hope that the Miiriicipal Act will be amended same situation. Mr. A is a rnan in his middle years, with no soon, so that Mr. A's tale is the last we need to tell. job and few known contacts in the community. He

e ter vite is woman's problem was unusual. She held a licence to receive her water supply from a nearby stream. The stream ran just beyond Ikgional District cut off Mr. B's water n 1995 the Onibudsman's jurisdiction was property used for shooting practice by a local gun supply. They refused to allow hini to expanded to include local governments. Since club. On occasion, the flow of the streani was obstruct- present his argi~mentfor more time before then, this Office has participated in several ed by debris. The woman was concerned that stray the line to the district was clisconnectetl. They also activities to enhance our knowledge about the rounds from the gun club made it unsafe for her to instructecl staff not to talk with him or with the other administrative work of local gover~imentsand to clear debris horn the stream. She had found the gun four families adversely affected. assist local governnient representatives to better club unresponsive to these concerns, as well as the city, Mr. U and his neighbours live on a street without imderstand our role. which had taken no steps to resolve the problem or "town" water. For many years, the residents of these In October 1997, the Ombudsman attended the otherwise ensure a safe supply of drinking water. houses have asked for water service, since the UBCM convention and extended an invitation to all When the Ornb~~dsmanexplained the situation, line goes past the end of the road, although the local government representatives to meet with her. the City Administrator made an arrangement with connection cost was extremely high. About a decade The invitation was made in a spirit of openness; the the executive of the gun club. He told the woman that ago, an enterprising neighbour on the next street agenda was set by those requesting tlie meeting. when they needed to clear debris from the stream, she set up a private metered water service distributing to During two days, the Onibdsman and members of and her neighbours could telephone any one of six club these five houses the "town" water he received. The her staff met with mayors, board chairs, coi~ncillors members who would close the shooting range to allow owners of the five houses paid the neighbour, who and administrators, representing local governments them safe access to the stream. The woman confirmed paid the Regional District. large and small, from across the province. that this arrangement satisfactorily addressed her This arrangement violated the Miinicipl Act. immediate concerns. The District served notice to the neighbour to stop Weplan to continue taking advantage distributing water or lose his service. Since Mr. B was of opportunities, such as the UBCM not a customer of the district, they chose not to Annual Convention, to improve accept his letter of concern. The result seemed unfair cowimunication and furthur develop Ombuds in that five households were unable to be heard by the district in a decision that seriously affected them. our working relationships with local GUIDING PRINCIPLE governments. .. . an enterprising neighboiir on the next street set up a private metered water We found the meetings to be an excellent opportunity to meet face to face with municipal service .. . representatives. These are the people we deal with The district agreed with the Ombudsnian that when we make inquiries about an issue brought to cutting off the water supply was a significant event our attention by a member of the public. Given the and that the five hoi~seholtls had a reasonable number of requests we received for meetings arid the expectation that they woi~ltlbe heard and that the positive response from all those we met with, we district would consider their information. The district felt that the experience was invaluable. We plan to called a special meeting of its Utilities antl Services continue taking advantage of opportunities, such Committee. Owners ard residents of the five homes as the UBCM Annual Convention, to improve were invited to attend, present their concerns and cornmimication antl fi~rthi~rdevelop our working discuss the options antl costs for receiving water relationships with local governments. service by a more conventional niethod. Local Government

SPECIAL REPORT NO. 19 An Investigation into the nstability and Recession of Willenlare (Rediolrid District of Cc~lnox-St~~atlrcona)

1987 my Office began investigating a com- tlifficulty in getting all involved parties to respond to very important matter to the attention of the plaint about excessive erosion at Willernar their requests. It was clear that the matter had a Legislative Assembly, the Board of the Regional Bluffs, near Cornox, British Colirrnbia. profoi~ntleffect not only on the property, but also on District and the people of British Columbia by way of Ntrmerous parties cornplainecl that the Bluffs had the lives of affected residents, many of whom had a deep a Special Report. begun to erode at excessive rates since a sewer and personal commitment to the land in question. biy jurisdiction over local governments was pipeline was installed along the foreshore in 1982. For ten years niy Office undertook extensive and proclaimed in March 1995, and I recognize that local Approval for the "sanitary sewer pipeline over repeated constrltations to try to seek conser~sual governments may face change and challenges in being iuisirrveyetl foreshore" was granted by the then resolirtions to this very problematic situation. We subject to Ombudsman review. However, the fact h/Iinistry of Lands, Parks and Housing in 1982. This particularly directed our resolution efforts at the that the Legislature has entrusted scrutiny of local approval was granted subject to certain terms antl Regional District of Comox-Strathcona, which was government to the Ombutlsman, in my view affirms conditions, among which were: granted conditio~ialapproval to install the pipeline, a commitment to local government as a strong and @ ?he foreshore is to be returned to its riaturd condi- antl the (now) Ministry of Environment, Lands and important component of our democratic system, and tiorr c~jtercorrstruction is corrrpieted. Parks, which granted the conditional approval. along with this responsibility and authority must go @ Lrrte spring llnd siltrrrrrer (i.e. I\/Iarclr to October) Despite these lengthy and repeated efforts, the administrative accountability. ure the recomrrrerrcled months for constrirction. parties were unable to achieve consensual resolution, In my Open Letter accompanying the Report, I @ h4itigution may be called for hrirrg construction. and undue erosion continued to cause grave concern. stated: "It is disturbing that, in one of the infrequent @ A11 corrtrrlctors are to be made awnre of the At the time this Report was written, one home was a cases where I make formal findings against a local errvirotrrnetztal concerns ard perjorrrrurrce bonds mere ten metres from the edge of the very unstable government, that authority has not to date been posted to errsure their corrrpliance. bluff, and it was clearly foreseeable that the home and prepared to honour those findings antl recommenda- Because of delays in the project, the sewer perhaps its occupant would fall onto the beach 150 tions. I hope that this Special Report will cause pipeline was installed in November-December 1982, feet below unless a comprehensive solution was the Regional District to reconsider its position and to when high tides and strong storm conditions existed. fot~ndvery soon. work with all relevant agencies to address this long- During this stormy, high-tide period, part of the dis- IIavirig exhausted all possibility of conser~sual standing concern." turbed foreshore was washed out to sea, and it was resolution, I concluded my investigation into this At the time of this Arirliral Report the matter necessary for the contractor to stabilize the pipeline matter in Novernber 1996. I fo~rntlthat the Regiortal remains outstandi~lg. work by utilizing rock from the reef ar~lloresliore. District of Comox-Strathcona hatl wrongfirlly failed Shortly after this construction, nirrnerous to ensure that the conditions attached to the sewer Local Goverrrrnent learn individuals who lived and owned property atop installation approval had been fuifilletl, most Files Oven Tall. 1.1997 93 the Bluffs con~plained that, as a resirlt of the particularly the requirement that the foreshore be Files Received in 1997 425 construction, they had experiericed accelerated and returned to its natural condition following i~~stalla- Reoper~ed 0 untlue erosion, with the result that they were losing tion of the pipelir~e.I rccon~n~entledthat the Regio~ial Closed - No Investigation 89 considerable portions of their property. District irndertake specified restoration work to the - Closed - Investipation 234 The residents affected by this matter were very foreshore along the Bli~ffs. The Regior~al District active early on in seeking to have their concerns refused to accept my findings antl recomniendations, hternal Team File Transfers 0 addressed. For a variety of reasons these residents had antl in the circumstances I was compelled to draw this Files Open Dec.31, 1997 195

My 1996 Annual Report included a guest article by transfer of inmates between centres makes nian received a photo radar ticket with his Peter Hopluns, newly appointed as the first internal e assessment of remission (time taken off the name misspellecl. In court, the judge Ombudsman by the Workers' Corrlpensation Board sentence) for each month difficult and incon- acknowleclged the error, reduced the fine (WCU). For a ni~rnberof years my Office had urged the sistent. Each institutional centre develops a cidtnre of its and ordered that the court records be corrected. WCB to establish an internal review mechanism, so that own and what be juclged fair performance in one Subsequently, the rnan received a letter from cornplainants woirld have someone to go to within the centre could be considered poor in another. court services regarding the amotrnt of the fine with WCB itself, as a first recourse to address their concerns. An inmate who had been transferred from one his name, once again, misspelled. He contacted a At the beginning of 1998, as the office of the WCB centre to another on the 22ntl of the month was court registry clerk who confirmed that his name was Ombirdsn~anapproached its two-year anniversary, I assessed by the receiving centre for the loss of the total entered correctly on the database. Neither the clerk initiated an audit of its operation. The purpose of this month's remission. The regulations envision that the nor the supervisor could explain why the most recent audit is to assess the effectiveness of this internal ren~issionassessment would be done at month's end letter hatl his name misspelled. The marl reqirestetl a complaint and review nlechanism within the WCB. I or at the time of transfer, but the assessment had not letter from court services acknowledging the error also expect the airclit to provide irsefid information been done at the previous centre. Following the and confirming that his name was now entered cor- about the possible application of this type of model to assessment at the receiving centre, the inmate's file rectly on the database. other agencies, and general intbrrnation about internal record was lost. When he applied for review to the dis- We contacted the sirpervisor in charge of the cornplaint handling. I expect that my 1998 hriniral trict director, the review was completed by an acting database. Having checked the database information Report will report on the results of this audit. director antl the assessment remained the same. The and determined that it was correct, the supervisor Inan complained to the Ombudsman. had felt that no further action was required. When we discussed the matter with the district The supervisor agreed to send the man a letter of Ombuds director he decided to give the benefit of the doubt to apology, properly addressed, antl confirm in writing GUIDING PRINCIPLE the inmate for that month. The committee's notice to that his name had been entered correctly on the the inmate had not listed any examples of specific inci- database. dents that had led them to their conclusion. We felt that It is important for all those who rely on computers the director's decision was appropriate in this case, to support their work to remember that people can be given the impossibility of a true review as requested. easily offended by errors such as this case demonstrates. Attornev General

Because this case has nlready lyttmcteri receive the continuous infusion tlie burden of proof that applies Q.C., to consider the resi~lts of my wide media coverage, 1 cconsi~iered it method, b~~tthis was changed to the to Coroners' reviews and the investigation and to report back to appropriate to use actual rnames. bolus method to avoid his liavirig to classification of death system used by him. On December 12,1997, following stay in the hospital over Christmas. coroners in British Coli~nlbia.It was Mr. Taylor's report, the Attorney n late 1992 Mr. E:rank van Beers, The Coroner noted that the through the commitment and persis- General and the Minister of Health age 70 years, was diagnosed with overall amount of tirug administered tence of Mr. van Beers' surviving announced that a further inquiry I cancer. Shortly thereafter lie by the continuous infi~siorimethod is brother that my Office came to review would take place regarding the death began treatment at the BC Cancer greater than by the bolus method, and each of these matters. of Mr. van Beers. This is to take the Agency. His treatment pla~iinvolved a concluded that the metlical oricologist Throughout this time the form of an independent medical course of cheniotherapy with good at the BC Cancer Agency had failed to Coroners Service refused to revisit its review conducted by health care expectations for success. adjust the dosage when the adminis- conclusion about the classiticatiorl of professionals not involved with the BC During the treatment Mr. van tration plan was changed from contin- death as "i~ndetermineci."The Cancer Cancer Agency. Around this time the Beers experienced some serious med- uous infusion to bolus. The prescribed Agency refi~sed to acknowledge the BC Cancer Agency settled the lawsuit ical problems which he and his fa~riily dosage was even questioned by anoth- error, and declined to issue an apology with the van Beers family. It issued a reported on several occasions to the er doctor, arid by a nurse who to the family. They noted instead that statement accepting responsibility for attending doctors. Notwithstanding discussect the matter with the pharma- Mr. van Beers' widow had filed a the death of Mr. van Beers, arid it repeated expressions of colicern, the cist, but the dosage was not altered. latvsuit and that the matter woi~ldbe offered a fidl apology to his family. chemotherapy treatment contini~ed The net result was that Mr. van Beers addressed in the courts. The issues raised in this complaint i~nalteretl.Mr. van Beers' condition received a nii~chhigher dosage than In July 1997 1 advised the go to the very core of the pi~blic'strust continued to deteriorate rapidly antl was considered accep table. Attorney General of my conclusion in important governmerit bodies, such he was eventi~allyadmitted to a hospi- In spite of this finding, the that the corilplair~tof Mr. van Beers' as health care agencies and the tal two and a half weeks after his Coroner went on to conclitde that the family against tlie Cororlers Service Coroners Service, which can have chen~otherapy began. He died two cause of death was "i~ntleterrnined" was si~bstantiated.I conclided that the profound impacts on the well-being of days Inter. rather than an accident or a death classificatio~iof Mr. Frank van Beers' individuals, fimilies and the pi~blicat Mr. van Beers' family felt certain caused by the action of others. The death as "i~ndetermined"was iuirea- large. I siricerely hope that the course of that he had died from an overdose of Coroners Service later stated that this sonable in tlie circumstances of such a action proposed by the Attorney chemotherapy drugs. They also felt that tletermination was made because it clear and significant overdose, antl General and the Minister of Health wilt the health care professionals involved could not be said with complete that the appropriate way to address the address issues of public confidence had failed to properly treat Mr. vari certainty that the chemotherapy over- family's concerns was to have a ftdl regarding the health care aspects of this Beers even after these concerns were dose was, in fact, the cause of Mr. van Coroner's inquest (i.e. with sworn complaint. It is my further hope that noted - right up to and iricluding his Beers' death. The Coroner did testimony and with a jury cornprised similar benefits will flow from tlie final admission to hospital. nonetheless make a number of recorn- of niembers of the public) so that the significant tliscussion that has occurred The BC Coroners Service conducted mendations to attempt to rninirriize classification of death could be during the course of my investiga t'lon an "inquiry" into the death. An inquiry is the possibility of such circumstances revisited. I also recommended that the regarding the role ant1 firnctiori of the conducted by the Coroner's officials antl, occurri~igagain. Coroners Service review and develop Coroner, the distinction between iuililte a Coroner's inquest, does not Mr. van Beers' family was most pirblicly available policies regarding inq~~iriesand inquests anti the classifi- irlvolve a jury of private citizens or sworn dissatisfied with the Coroner's conclu- the classification of deaths, as well as cations of death by the Coroners testimony. Coroners' inquiries do not sion antl cornplainetl to my Office. the standard of proof applicable in Service in British Columbia. My Office exist in rnost other Canadian provinces. They felt it was absolt~telyclear that Coroner's determinations. will continue to monitor the Coroners The Coroner's inquiry noted that the overdose and lack of appropriate Following my investigation I also Service in relation to our finclings. there were two possible methods of fbllocv-up care caused Mr. van Beers' suggested that the i\ttorney General There is no doubt in my rnirid that administering the chemotherapy drug death, and they further alleged that the consider looliirlg into the allegations of the persistence of the van Ueers family given to Mr. van Beers. One is the Coroner had covered up for the a cover-up by the Coroner, antl I spoke in this case has served an enormous "boli~s"method, direct infusion of the Cancer i\gency. My Office investigated with the UC Cancer Agency to stress public good, arid I commerid them for drug over short periods of time. The this case for several years and assessed how important an apology could be in their long-standing commitment to other is a continuous infi~sionmethod many complex matters, including the situations where responsibility should what must certainly have been a most where the drug is rnixed with other underlying medical issues, the legal properly be acltnowledged. difficult and trying struggle for justice. solutions arid adnli~iisteredby intra- authority antl mandate of the Coroner The Attorney General asked a I also commend the Attorney General venous over several days. Mr. van and his staff, the distinction between former Justice of the British Columbia and the Cancer Agency for responding Beers was originally scheduled to Coroner's "inqi~iries"and "inquests," Court of Appeal, Mr. Martin Taylor, fairly in the end.

When the BC Council of Human Rights became, by statute, the Human Rights Cornmission on January 1, 1997, Mary-Woo Sirns was appointed as Chief Commissioner. She is responsible for ensuring the fair, effective and efficient administration of BC's Murtmrn Q rnaintainetl that the judge had Rights Coda She is also responsible for tlevelopirig a sentenced him to two years, a sentence public education and i~iforrnationcampaign to make that woi~ldplace him in the federal British Columbians aware of the goals of the Code so perial system. The yre-trial services centre, however, that everyone may be treated and treat others with the classified him as having received a sentence of two dignity and respect we all deserve. years less a day and transferred him to a provincial correctio~lalcentre. Mr. Q wanted to be transferred to the federal system. A copy of the warrant supported the correctional 01~11)uds centre's position. We then spoke with Mr. Q's lawyer GUIDING PRINCIPLE who confirmed that the judge had given a sentence of two years. With the lawyer's assistance, Court Services reviewed the tape of the judgment and acltnowledged that it had made an error on the warrant. Court Services promptly issued an amended warrant and Mr. Q was transferred to a federal facility. O~ribudsreport1997 Page 13

11 inmate complained that the proceclures n inmate entered into an agreement with a The Public Trustee of British Columbia has that denied him parole were unfair. He hatl correctional centre to obtain the glasses he developed an internal process called Response to applied for parole, but when the reports needed. They agreed to an arrangement Client Complaints and Review of Decisions. The about him were clisclosed to him he found them by which he would pay $7 per week from his process will be odined in a brochure, Review that inaccurate, misleading and incomplete. Because the ernployment income at the centre. Everything went Decision, which will soon be available to the public. innlate was upset by the clisclosure, the parole coortli- well until about half-way through his repayment plan. Complaints will continue to be handled within the nator exclucled the inmate's cornmon-law spouse At that point the centre staff decided to transfer him, Public Trustee's divisions. All staff receive training in from the parole hearing, even though she hatl trav- without his request or agreement, to another centre. how to handle complaints. If the matter is not elled frorn Nanaimo to Kamloops to attend. The Looking into his trust account they saw that he had resolved by the division, a request for a review of the mernbers of the parole board continued with the saved enough money to pay out the agreement in full. decision will be considered by a Review Committee, hearing md denied the parole. They took the balance to settle his debt. which will be chaired by the Deputy Public Trustee. When we examined the parole package, inclutl- All correctional centres now require inmates to AFTER MAY 15,1998: ing the institutional report antl the community purchase basic hygiene protlucts, toiletries and snacks assessment, we foi~ntl them misleading antl frorn canteen. This man arrived with no money and was Secretary of Policy Planning incomplete. The centre hatl not followed the board's unable to obtain employment in the receiving centre. and Communication Department policy of disclosing documents two clays before the When the Ombudsman investigated the (604) 660-4344 local Vancouver call or collect hearing, with tlie result that the inmate was upset complaint, we felt that the action was arbitrary and Call through Enquiry BC 387-6121 immediately prior to the hearing. The recording possibly oppressive, in that the centre, when device taping the hearing had not functionecl transferring the inmate, had used its power to take properly. 'She briefing of the boartl members by the the money, contrary to the agreement to pay. We parole coordinator about the conduct of the inmate, proposed that the centre pay the inmate the amount antl the presence of additional staff mernbers in the they had talten, arid that he return the money he hearing to protect the boartl members raised owed at the agreed-upon rate of $7 per week. questions about the fairness of the decision. I-Iowever, beyond this individual case, the ersons in custody who await trial may The inrriate was returned to Victoria where lie Ornbuclsman was concerned about the systemic require acccss to a law library. However, could have visits frorn his common-law wife more problem of treating each centre as an isolated centres facing severe budget cuts have frequently. The Provincial Releasing Authority antl identity for the purpose of such agreements to pay recluced services to inmates. Specifically, the Surrey chair of the parole board requested a new cornmunity for glasses or dentures. We met with the Provincial Centre stopped filnding an outside librarian. The assessment and set a new date for a parole hearing. Director of Custody and the Director of Ombuclsman received a complaint from a person The Provincial Releasing Authority used this case Investigation, lnspectiori and Standards to work out awaiting trial that the volunteer librarian who visited to assist in building a new release model with revised a method of transferring payments that enables the centre once a week was unable to provide an ade- policies for preserltiq reports both at the centre and centres to recognize s~hagreements when quate service. The inmate said that over a period of in the cornmunity. transferring inmates within the province. months he hatl been able to go to the law library only three tirnes, each time for just a few minutes. Staff at the centre were aware that they were not meeting the Corrections Branch standartl that inmates shoi~ldhave access to a basic law library. They did not have the funds to employ a librarian on n inmate who had been at the centre of moving. In addition, leg irons may be applied. a regular basis, and had been exploring the possi- a nuniber of disciplinary measures coniplained We submitted a preliminary report to the author- bility of obtaining regular law student assistance, that in segregation he had been required to ities, containing proposals related to the absence of perhaps together with some nlinirnal hours of a paid wear a security gown contrary to the regillations govern- clear policy for the use of the restraint board and the librarian. ing the clothing issued for that area. Following a dispute disciplinary process that followed the inmate's release This plan did not materialize. Instead, the centre over the wearing of the gown, and some tampering with from tlie board. The Corrections Branch carried out all decided to employ an inmate librarian who wodd be the locking mechanism of his door, he refilsetl to return to thirteen proposals and agreed to provide our Office responsible for ,111 library materials, including those his cell. The tactical team was deployetl and after usingps, with a new draft policy governing the use of a restraint of the law library. The inmate librarian would work a secured him on a restraint boartl, showered him and board. The disciplinary measures we objected to were total of five hours a day, five clays a week. This plan returned him to a ceU. He coniplainetl that he was held on amended and corrected. appeared to offer more appropriate access to law the board for twenty hot~rsin a way that was cruel and The Corrections Branch was negotiating with the materials and, depending on the incumbent's unusual, in that he was riot allowed food or water nor inmate's counsel to set the terms of an apology and com- particular strengths, some guitlnnce for those who allowed to use a toilet to urinate. pensation when the man disappeared from his court- needed it. We investigated both the use of the security ordered probation supervision. He later contacted 11s Although it would be ideal for the centre to have gowns for persons who hatl given no indication that from outside the province. At his request, we took steps the services of a professional librarian, we viewed the they were suicidal, antl the use of the restraint board. to conclude the matter. The use of the restraint board in creation of this inmate position as a positive step A restraint boartl inirnobilizes a person in a prone custody is now limited to the most severe cases where towards meeting the Corrections Branch standartl. position by strapping the arms antl legs. A strap restraint is clearly required. When the boartl is used, around the waist prevents the person from turning or medical personnel must monitor the inmate's condition. Attorney General Plus Team Files Open Jan. 1,1997 312

Files Received in 1997 - 1771-

Closed - No Investigation 357 Closed - Investigation 1201 --Internal ?'earn File Transfers 2 1 Files Open Dec.31, 1997 474 .mLss---

Ornh~rds GUIDING PRINCIPLE arana BRAZIL

rothers and sisters a mbudsmans? For the first time in history an Ombudsm , between British Columbia and the state of Parana, Brazil. Parana delegation visits with Ombuds staff from left to IDA) supported the Ombudsman for British Columbia to right: Brent Parfitt, Marisol Sepdveda from British develop a partnership wi anada-Brazil Technology Transfer Fund, set up in 1996 to share Columbia; Jocio de Oliveira, Estela Saldanlra, Robervul Canadian "know how" Castilho from Parana. The Ombudsman for British Columbia and the Ombudsman (Ozwidor Geral) for Parana share a common vision: commitment to fairness rooted in legal rights, citizenship, equality and common sense. They both serve large geographic regions, multi-linguistic groups and a range of economic groupings, including the

Although Brazil has gone through a long period of uncertainty and instability, the country is now attempting e goal of the partnership is to enhance the role of the Ouvidor of Parana in ensuring effective participation of begin discussions and the preparation of a specific proposal for CIDA, the Ouvidor Geral of Parana, JoHo de to bring about economic reform and political stability. citizens in public administration through the expansion and betterment of the SISDADANIA project - the Oliveira came to British Colun~biain September accompanied by Estela Saldanha, Coordinator of Programs and The government is committed to an ambitious social Integrated System of Citizenship. Roberval Castilho, Assistant to the Ombudsman. They spent two weeks in the Victoria and Vancouver offices, development, public sector and economic reform agenda. DADANIA is a creative attempt on the part of the Ouvidor to teach citizens about their rights and responsibilities learning how the Offices function and sharing information about their own programs. They accompanied some staff to Brazil faces great developmental challenges, including in a democracy and to make it easier for them to contact government services and to register complaints about unfair the Canadian Ombudsman Conference in Regina. high levels of poverty and inequity, important treatment. The following are some of the programs he has begun: In late October, Dulcie McCallum, Ombudsman, accompanied by her deputy, Brent Parfitt and Marisol Sepulveda, environmental concerns and the need to continue on its an Ombudsman Officer, (who speaks Portuguese) travelled to Curitiba, capital of the state of Parana, for further sharing, course of economic and public sector reform. O Hello citizen (Alo Cidadao) to learn first-hand how the Parana office functions and to refine the proposal. A toll free line and an Internet site to receive inquiries A draft concept was signed in Brasilia at the offices of the Brazilian Cooperation Agency (ABC) and the Canadian and complaints. Deline Gessi Hass, Embassy. Now approved by Canada's Minister for External Affairs, the final proposal will be signed by the Ombudsman school city councilor; for British Columbia, the Ouvidor Geral for Parana, ABC and CIDA, and work will begin on the exciting projects. Little Ombudsman Dulcie McCallum, (0Ouvidor Mirim) Ombudsman for BC; A booklet and video, using puppets, to teach children Rafael Alessi Munth, Ombudsman for the Ouvidor Geral for the in state public schools the rights and duties of citizenship.Introducing to state public schools a Province of British Columbia State of Parana system for electing a student as the Little Sharing computerized Case Tracking system to keep Sharing strategies for increasing participation in the Ombudsman. She or he helps other students track of complaints and investigations and to generate internal ombudsman concept, and developing, jointly The Office was set up by provincial statute in 1979. British The Olrvidoria Geral institution existed in Brazil from understand what their rights and duties are and what reports; training staff and technicians in its use. with Parana, training packages, seminars and workshops Columbia, with a population of 3.7 million, was the ninth 1648 - 1832 during the Portuguese colonial period. The it is to be an Ombudsman and a citizen. for established and potential participants. of ten Canadian provinces to appoint an Ombudsman. Ouvidor was appointed by the King of Portugal and Working jointly with the Ouvidor of Parana, the The Ombudsman is appointed by an all-party committee worked with the Governors to inquire into adrninistrative Brazil Association of Onlbudsman and other Producing jointly a video on the role of the of the provincial legislature, for a term of six years. abuse and unfairness on the part of government officials. Onlbudsman organizations to broaden the ~~nderstanding Ombudsman in local government. The Ombudsman is a member of the International The first modern Ombuctsman Office was created in of ombudsmanship through seminars, conferences and Didcie McCalltrm Creating jointly a draft Code of Conduct for Ombudsman Institute, the Pacific Region Onibudsman 1991 in the state of Parana, one of twenty-seven states in workshops. A special goal might be to promote the consideration by local governments and internal Association and is involved in creating a Canadian Brazil, with a population of 8.5 million. expansion of the ombudsman institution throughout Ombudsmans. Ombudsman Association. The current Ombudsman is The Ouvidor is a State Secretary, appointed by the Brazil. serving a second term as vice president of the US Governor. State legislation gives him his authority and rJ] Adapting for Brazilian use a CD ROM containing Sharing special reports on children and youth, Ombudsman Association. outlines his role, duties and jurisdiction. Currently he has UNICEF's latest Report on the World's Children. and strategies for integrating children's services in Representatives from the Office have gone to a staff of 31 and a network of 112 civil servants. government. Work jointly with Parana to develop Adapting to Brazilian context the "Person to Person" Moldova, Kazakstan and Moscow as part of the UN The office is a member of the Iberian-American educational programs targeted for children and youth on video on interacting with persons with disabilities and Development Program to help develop ombudsman and Ombudsman Association and the Latin American rights and responsibilities of citizens, protection of the expanding it to include people with different languages human rights mechanisms in those countries. Ombudsman Institute. The current Ombudsniari is environment and health and safety issues. and cultures. As part of the NAF'I'A agreement, together with the vice president of the Brazilian Ombudsn~anAssociation US and Mexico, the Office has helped in discussions of and second vice president of the Iberian-American Upgrading Parana's "Little Ombudsman" program Assisting in planning focus groups to select Parana labour exploitation of minors. On~budsmanAssociation. The Open Channel for schools by production of a video dubbed in both youth to attend a major conference, "Out from the English and Portuguese. Shadows," in Victoria, BC in 1988. '1'he conference will Citizens can send letters and messages to the

Q focus on sexi~allvexploited L youth and is a follow-up to the government by putting them into specially marked Municipal and House Ombuds , International Summit held in Sweden in 1996. boxes placed in public offices, factories and Offices drugstores. A voluntary partnership with mayors of remote areas and public offices, universities, educational centres and banks, to perform ombuds-like duties. Ddcie McCallum, Thefirst act of an official ,: Ombudsmatr for British b Environmental Ombudsman Colzunbia, witnesses the ,' Selected officers to educate about environmental is to clean his ears. signing of an agreement : A mzwzicipal poster inviting between the Minerva issues and Earth preservation. citizens to contact the Ornbzidsman Pharmaceutical Company 8 Citizen is the Foliowing .. . to give sl~ggestions,criticisms and the Ouvidor ofPurarra. or make claims. Booklets and an Internet site to explain to citizens, in The pharmacies will display simple language, their rights and duties. Irr Portuguese the play on words is irlformation brochures and clear: "ouviclo" means ear, and the "Open Channel (Cahal 8 Citizens' Stamp Ombr~cisrnnnis the "Ouviclor," Aberto)" boxes in all of Postage paid letter forms provided in pitblic places the one who hears. their pharmacies. They for citizens to register complaints with the Ouvidor. have 46 in Ccrritiba, the done. Left to right: Vdmor One of the aims of the project is to have the Office ctor; Marisol Sepulveda, of the Ouvidor seen as an open channel connecting British Columbia; Ddcie McCallr~m, goverriment and society rather than a policing organization. BC Ombudsman; Hertran Alday, Marketing Mananclger; Joiio de Oliveira, Orwidor of Parana. Page 16 Ombrdsreport 1997 Income

man with AIDS hatl been contacted by the release form since the old one was considered "stale." Prevention, Compliance and Enforcement The man incorrectly judged the ministry's actions to Unit of the Ministry of Human Resources be an unlawfi11 attempt to gain information about regarding his collection of Canada Pension Plan him. The man's suspicion that the investigator had woman who hatl received disability (CPP) benefits while sirni~ltaneoi~slyreceiving been trying to get information about his deceased benefits from the Ministry of Social income assistance several years earlier. The rninistr y's roommate hatl apparently been cailsed by a check- Services learned that she was no longer investigation hatl been put on hold while the man mark in the "spouse" box on the new request for eligible for such benefits when her husband enrolled appealed the decision to tletluct his CPP payrnents information. The investigator's practice was to in a college program. After iinsuccessfi~llyappealing from his income assistance. When originally contact- prepare her request forms ahead of time as much as the amount of his student loan, the couple discovered ed by the rninistry several years earlier, the Inan had possible, ticking all boxes that could be a source of that neither the stident loan process nor the BC signed a release form. Now he was contacted several illformation. The spouse box was always ticked but Benefits program was prepared to help them cope times by another niinistry investigator with the would yield no information if a person was not listed with the additional expenses they incurred as a result request that he sign a riew authorization form allow- with the government as having a spouse, as was the of her disability. They were worried that the husband ing the federal government to release information to case with this particular man. woulcl have to discontinue his stittlies, since they had the ministry about his past payments. He believetl Although we did not fintl that the investigator's exhausted the student loan. that he was being harassed and that the investigator actions were wrong, we ditl note that she had used In Augitst 1996, those who were previoitsly hatl comrnittetl a breach of contluct by attempting to i~lflanlmatory language (e.g. "fraud") on several receiving income assistance benefits arid attending obtain information about his CPP payrnents, as well occasions when speaking with the man. This was post-secondary sti~tlieswere required to apply for as those of his deceased roommate, without the inappropriate, since there was no evidence of the sti~tlerit financial assistance to cover all of their reqi~iretlsigned release forms in place. man's trying to hide the fact that he hatl collected expenses. This change meant that intlividuals who After speaking with the ministry investigator antl both CPP benefits antl incorne assistance at the same were eligible for student financial assistance would no examining the file, we were unable to conclude that time. The rnan had requested a written reply to his longer have their living expenses covered through the provincial incorne assistance program. I-Iowever, an the investigator had corr~mittetl '1 breach of concerns about the investigator's action. We noted an contluct or that she hatl harassed the man. The unreasonable clelay on the part of the supervisor in exception was made through the Interface Agreement federal government had failed to send the informa- responding to this request. The clelay had heightened between the then Ministry of Social Services (now the tion when first requested to do so and required a new the man's anxiety about the situation. Ministry of Hi~niariResources) and the Ministry of Education, Skills and Training. The Agreement specified that indivicluals or families where one member of the family unit received disability benefits from the then Ministry of Social Services would continue to receive living expenses from that ministry even though someone in the family was attentling a e Inan wanted to be a teacher. He com- The university was unable to find another post-secondary education program. plained to the Ombudsman that the principal or sponsor teacher in the man's school clis- in Azlgust 1996, those who were University of Victoria hatl failed to place trict who was willing to accept him. The fact that the him in a practicum. Without the practicum he coultl man was itncvilling, for financial reasons, to accept a previozisly receiving income assistance not co~ripletethe Elementary Teacher Education practicum outside his school district made it more benefits and attending post-secondary Program in which he was enrolled through a college difficult for the university to fintl placement. studies were required to apply for in his area. He wanted the university either to refund University officials believetl that the problems that student financial assistance to cover the fidl cost of the program (approximately $20,000) had occitrretl in the placement where the sponsor or allow him to apply other practical work he had teacher withdrew put a mark on the man's reputation all of their expenses. done outside the program so that he coi~lclreceive his antl, as a result, no other schools were willing to deal Our investigation noted that the Interface certification. The university had turned down both of with him. Agreement had not been applied in this case. the requests. The Ornbitdsman accepted the university's posi- The ministry of I-Iuman Resources (MMR) hatl The program required that the students com- tion that they coultl not force sti~clentsonto schools, incorrectly interpreted this Agreement as being plete two six-week practiciim sessions. The man had since the schools were under no obligation to accept restricted to students with tlisabilities. received a conditional pass in his initial practicum any students. We coultl find no fault with the When MHR recognized that the Agreement and later received a fit11 pass after meeting certain imiversity's actions in this case and therefore cot~ld included anyone in the family unit who had conditions. For the second antl final practicum in not si~pportthe man's position that he should have disability status, the living expenses of the coi~ple which the university placed the man, the sponsor his St111 costs refi~ntletlto him. Neither could we find were imniediately restored to their previous level, teacher withdrew her sponsorship after only a short fmlt with the imiversity's decision not to apply the enabling the husband to complete his studies. time. Placed by the university in yet another man's other practical experience to the program practicum, the man withdrew after only one week. A practicum, since it hatl not been performed under the third placement was found for him, but the sponsor supervision of university staff, as required, and was teacher became ill just prior to the start of the not directly related to the certification he was seeking. practicum and a replacetnent could not be found.

'I' had been delinquent in reporting his business sales to the Ministry of Finance. Based on estimates of taxes owing, the ministry ordered his van to be seized and sold for recovery of arrears of the social services tax. After the vehicle had been seized by the bailiff acting for the student at a community college who failed different levels of the appeal process ministry, Mr. T satisfied the ministry that no taxes a clinical course was irnrnetliately dismissed Q responsibility for various tasks essential to a were owing. However, this information was not from a professional program of study. His properly functioning appeal system was not clearly communicated to the bailiff in time to prevent the sale. appeal of the clismissal was not successfi11 and he defied The proceeds of the sale were refilntled to Mr. T, con~plainedto the Ombutlsman. CB those charged with appeal responsibilities were but he complained that they fell far short of the market The Otnbudsrnan's investigation of the appeal not properly trained. value of the vehicle. process identified a number of problems: The problerns that occurred in the case of this The Ornbuclsman verified the facts of the case and @ the student was not given a proper opportunity student were so co~isiderablethat they indicated a recornrnentlecl that the ministry make Mr. T m offer of to appear or make sitbrnissions clear breach of the rules of natural justice arid there- settlernenl. Mr. 'I' accepted the offer, but asserted that @ reasonable notice provisions were not followed by invalidated the decision. The college agreed with he was still owed for an overpayment of taxes for a al%) dthoi~ghthe student clairnetl that he was not the Ombutlsman that the student sho~~ldbe allowed period preceding the seizure of the van. The rninistry aware that the dppeal body was looking at his to begin the appeal process all over again. The college provided a detailed reconcilintion of taes, penalties situation, a final appeal decision was rendered also agreed to review its appeal policies antl under- antl interest owed by the business, together with withoitt any evidence to dispute his claim took to provide training to those charged with appeal collection action proceeds arid refunds paid to the @ no safeguards were in place to ensure that the responsibilities. business. The Ombudsman was satisfied that no refund same indivitluals ditl not becolrie involved at of taxes was owing and the matter was settled. On~bntlsreport1997 Page 17 Income

IV1;ry 3 1, 1995 Ms. C retired froni the Saanich Police Department. From 1963 to 1968 he had been a member of the Public Service Pension Plan; he had received refi~ntlsfor his contributions. 1968 - 1995 As a member of the Municipal Pension Plan, he was eligible to retire at age 50. He sought and obtained rirriversity's hrrrdlirg of a rebate on residence fees to most non-academic complaints. estimates from the Superanni~ationCommission as to corrlperrsatefor late arrival offifilrr~itiuein the residence. 0 New procedures for residence discipline had his potential income shoi~ldhe re-purchase his service Cornplnirrt review proceclures reg~~rclingnorr-acadernic been drafted and recently approved by the i~nderthe Public Service Pension plan. With this issues were fowd to be very idear. ?'he university Residence Council. An elected Residence information, he calculated that he would have suffi- board delegnted to the President the resporddity of Council had come into existence for the first cient income; he re-purchased his Public Service hearing appeals on non-academic issues. The President time in the fall of 1996. I-'ension benefits and retired May 31, 1995. He was piarmed to designate a person resporrsible for non- 0 The Board of Governors approved a new granted a pension effective June 1, 1995. nccrclerr~ic(Iffairs arrcl also to recorr~rrierzdto the board that the right- of.. a formal appeal- be extended to all Harassment and Discrirniriation Policy for the ,My 18, 1995 ,rrlatters irrvolvir~gperidties. university. Sti~dentsdisciplined as a result of this Mr. C tliscovered: policy have the right to appeal the disciplinary 0 early retirement under the Public Service action through the Senate Committee on I'ension plan did not permit payment of benefits y April 1997 the following had been Academic Appeals. The President was to refer to the Senate a recom- until age 55 accornplishetl: @ mendation for a revision to the Calendar 0 he would face a shortfr~llof about $340 per 'The President had appointed an Associate Vice concerning matters that could be appealed to the rnonth until age 55 President for Student Services and had delegated Senate Committee on Academic Appeal. 0 the dental coverage and life insi~ranceprovided by to this person the responsibility of addressing the Public Service Pension Plan were not part of the benefit package of the Miunicipal Pension Plan. 'She conmission apologized, but said they were powerless to change anything.

Mr. C complained to the O~nbt~dsrnan.The O~nbudstnan's investigation showed that, in both written antl verbal cornmimication with the comrnis- n occasion, both parties in a dispute are of the training services provided, but it was reluctant sion, Ms. C was given to i~nderstandthat pay-out of able to agree that their differences are to pay i~ntilthe overall disagreement was settled. pension bellefits would commence from both plans as limited to a portion of the problem Until the Ombudsman was asked to examine the soon as he retired. Staff acknowledged that there was before them. Finding a way to isolate the areas of matter, it appeared headed for the courts, a less than an oversight in his case because of the co~nplexityof his disagreement and clarify the areas of agreement is an satisfactory option for the woman. N'ter listening to the file and because staff were learning about recent new important role for the Ombudsman. legitimate concerns and interests of both parties, the legislation and new rules governing the re-purchase of Needing this clarifica- Ombudsman was able to previous periods of service. tion, a woman approached Finding a way to isolate the areas of obtain agreement on that the O~ribuclsrnarl because diSagreeNlerltand clarify tile areas of portion of the coolplaint 0clol)er 15, 19'36 she was having difficulty agreernent is an important role for the that was not subject to tlis- The Ornbi~dsmanfound that the commission obtaining payment for The ministry agreed was atlministratively negligent in fidirlg to make Mr. contracted services that Ombudsman. to make an initial payment C aware of the pension implications of his early she had provided to the of over $2,000 for the first retirement. She recomrnerided that they make Mr. C Ministry of Education, Skills and TSraining.Although u~idisputedcontract and an additional almost $9,000 an ex grda payment of the amount of the shortfall the ministry recognized that she had provided sonie for that portion ofthe second training session that was he experienced, and ensure appropriate dental and training services, it questioned whether it should be riot in dispute. For the portion of the training that was insurance coverage until the provisions uf the I'ublic responsible to pay her for services she continued to in dispute, the parties agreed to share the costs of Service Pension Plan became effective. provide after she was advised to discontinue them. obtaining an arbitrated decision from an outside neutral While the matter was still not settled, the riiinistry body. By agreeing to this, the parties did not compro- I~ebrrurry3, 1997 agreed to allow her to begin another training session mise their interests regarding the issues in dispute by The commission ensi~red Mr. C's dental and for ministry clients, only to change its mind again agreeing to resolve the payment for those issues that insurance coverage and made him an exgrda payriierit and ask her to discontinue the training. The miriistry were not in dispute. This type of problem solving is an of $4,000. agreed that it was responsible for payment for some irriportant aspect of the work of the Ombudsman.

Ms. R planned to retire from a college on the forms had still not arrived. hlll;rry 12, 1994 Novernlw 3, 1993 Ms. R's pension for September-December I993 was paid. As a result of the delay, Ms. R was i~nableto take The form had been received, were completed and Rlirrcll 1993 advantage of the spousal roll-over feature when paying her The college requested pension forms for Ms. R sent with supporting documentation to the cornmission. 1993 irlconie taxes. The value of this detluction was $2,425. froni the Si~peranni~atiorlCoriin~ission. IBece~nl~er-1993 Octolser 1 1, 1996 Se1)tenrber 1993 A new set of forms was sent to Ms. R because the The Ombudsman's investigation foirntl that the 'She college phoned the cornmission to inquire initial package had not included qi~otationson joint Superannuation Corrirnission was guilty of unreason- why the forms had not been sent. The cornmission life-last survivor options. Although Ms. R's spouse able delay in dealing with Ms. R's requests, antl that had indicated that he was waiving any pension claim, replied that the March 10 request had been received the cornmission should indernriify Ms. K the amount the cornniission contended that the joint life-last sur- but overlooked. A staff person apologized and of her loss residtirig from the administrative delay. prornised to send the forms within two weeks. vivor option must be quoted in order for the spouse to make an informed decision prior to waiving enti- Febrna~y3, 1997 October 25, 1993 tlements. These forms were sent to Ms. R's previous The Si~perannuationCommission made an ex The college wrote to the cornmission asking why address and reached her only on December 28, 1993. gmtin payment of $2,425 to Ms. R. Page 18 O~rlhr~clsreport1997 Lncome

Because Mr. Truss' case tvns so lorlgst~~rrrlingand a benefits. i\lthough this apparent reversal was clr~ssicexample that whrltever could go wrong clicl go subsequently rectified, I am continuing to consider wrong, the Ornb~~lsrr~w~decided to irltervietv hirn, to the systemic iniplications of this most recent idlow him to express l~isviews. 74re interview follows interaction between the ministry and Mr. Truss. this summary. 73re Orr~buclstr~c~rlhas approved to have Mr. Truss' rrarne appeu in the irrterview and iLlr. Truss has dso cormr~teclto have his nnrtre nncl photo used.

. Truss, who has HIVII\IDS, had appealed a decision of the then Ministry of Social Services to reduce his income Omb: What was the issue cvherr you first thought you assistance benetits by the amount that he was receiving had (I problem? from the Canada Pension Plan (CPP). He successfi~lly IT: i\t the very beginning it was an issue offalrness. ' appealed this decision to a tribunal esthlished under All 1 wanted to do was keep my Canada Pension the then G~rararlteedAvailable Irlcome for Need (GAIN) Plan, which I had worked many years for. Act. When the BC Benefits Appeal Board initially Otrrb: What would you corlsicler to be the rrlost considered the ministry's subsequent appeal, there was frustratirtg part of the experience for you a three-three split of the six member board on one persorrally? major issue of importance. Confronted with this deadlock, the ministry JT: Basically it was the attitude. It was a very con- initially advised Mr. Truss that his previous level of descending, patronizing attitude, that I believe income assistance benefits would be restored because came from a despair that has permeated the Orrrb: What Irave you learned nbout goverrrrnerrt, he had been si~ccessfulat the GAIN tribunal. After ministry at all levels, especially in the FAWs about the public service and about being rr restoring his benefits for one month, the ministry [Financial Assistance Workers]. The en tire British Columbian in need? reduced his benefits tlie following month because it concept of welfare is to do things for people JT: The government is extremely tlysfunctional. It was now interpreting the board's decision as a who are least able to do for themselves. Arid yet says one thing and does another. You ask it to unani~nousdecision in its favour. in tlie atniosphere of cost cutting that has per- reconsider a decision, through the appeal When my Office advised the BC Benefits Appeal meated this regime, you see ail attitude of what process. It says yes, the appeal process works Board of the ministry's interpretation of this matter, can we do to people. and then it proceeds to do nothing. the ministry resisted the board's attempts to clarify ONID:Did you ever get the itr~pressior~tf~rrt irrdividu- whether it had issued a split decision or a unariirnous nls were tryitly to use ir~cotrwassistarlce to sup- Orrrb: clnd what would be your advice to others who decision, as the ministry clairried. When the board port you, to etlnb/e you to rneet your rreeds? tnightfind thxlselves in a sitr~ilarsituation? again considered this matter, a majority of ~riembers 17': Yes, yes. Shauri McDonald and I wa~ithis name J?': Never give up anything. A right can be violated disagreed with the ministry's clairn that the board nientio~ied.Fle was a very kind man - a man but you can never give it up. Keep metic~~lous had issued n i~~ianirnousdecision ill the ministry's that respected me and I respected him. He was records of any appeal process. Follow up phone favour. More important, the board confirmed that the my Financial Aid Worker from February of '95 calls with letters. Write down dates, times and hilure of the ministry to file its appeal on time imtil the middle of September of last year, places. Verify facts the ministry gives you. Break invalidated the appeal. Mr. 'I'russ was relieved when, wlieri he died of a massive heart attack at work. a task down. 'hke it a step at a time. once more, the ministry restored his previous level of Orrrb: bVIds thepiece ofthis whole experierlce thatyoir income assistance benefits. 01110: Can you identify good rrromertts, whert you own, where you made thegreatest contribution? Unfortunately, this saga tlid not end here. The actunlly felt heard or when your workers were following month, the ministry once more told Mr. supportive (znd czdequnte? JT: I synthesized it all. I facilitated my own salva- 'fiuss that notwithstanding the tribunal decision and J'I There are good people in the ministry. I tion as it were. If I had not done what 1 did at the two board decisions, it cvoi~ldbe reducing his certainly won't tar them all with the same any one step nothing more woi~ldhave been benefits the following month as if these decisions brush. I refer to it in all of my correspondence clone, so to me I was the synthesis of all of this. had never occurretl. The ministry claimed that the as "it" because I believe it is a corporate entity. Ortlb: So what would be one of your greatest sources benefits were now provided i~ntlernew legislation, And yet out of that there are marly people who, ofpride, having been through this frustration? and that the ministry was no longer bountl by the in spite of the ministry, do deliver services to JT: I really know how to write a letter now. i\ really decisions made under the GAIN Act. people. Do do things for people, not to them. good letter. And to put my thoughts, my feelings, 1 advised the ministry that 1 considered its ONID:What do you think you have learrlecl from this my reality into words. To a philosopher reality actions to border on an abuse of power. 1 noted that experience about yourself! becomes words. You study your reality, you put the ~iiinistry'sclaim that it was no longer bountl by it into worcls, it mirrors reality back and some- the appeal decision was puzzling on several counts: JT: I've learned I'm a much stronger person than I one else can finally understand you. 0 the wording of the relevant sections of the two ever thought I was. pieces of legislation was almost identical (A special thanks to Mr. Trussfor this interview). O the ministry had not taken this approach on other cases where it continued to provide bene- fits in accordance with decisions by tribunals and the board under the previous legislation. I observed that the ministry's clecisiori in this case to ignore decisions that it didn't agree with called into question its respect for the appeal system. At my urging, the ministry agreed to retroactively worker made a confidential wage com- reinstate Mr. 'Cruss' benefits to the level prior to the plaint to the Ernployrnent Staridards ministry's most recent reversal of its position. A senior Branch. He then wished to appeal the ministry official apologized for the ministry's handling determination rnacle against him by the branch. The of this matter, particularly the breakdown in comrnu- Employment Standards Tribunal refused to accept a riication that had occurred throughout. confidential appeal. The governing statute allowed Incredible as it may seem, the ministry tlid not for a corifitlential complaint, but not an appeal. ensure that its field staff and staff of the Prevention, The tribunal agreed to review whether it could Conlpliance and Enforcement Branch were fully accept a confidential appeal and, if so, what proce- informed of its decisions. This administrative short- dure it would follow in making a ruling. If the tri- coming led to the ministry initiating a third series of bunal decided that it could not process a confidential contacts with Mr. TILI~Sto tell him that he was not appeal, the worker could withdraw his appeal with- entitled to full income assistance benefits because he out his name being disclosed. The man submitted his was receiving a CPP pension. The failure of the min- appeal on that basis, knowing he could withdraw if istry to prevent this from occurring struck me as necessary. oppressive treatment of a vulnerable person whose The tribunal agreed to hear the appeal by very survival may hinge on the continuation of these written submissions from the parties, allowing the man's name to remain confidential. hbnch-eport 1997 Page 19 Income roundhog ay - a Horro

rganizations with limited resources and a learn that the few appointmerlts available for that day high voli~meof clients face an ongoing had been given to even earlier risers. They were told challenge to develop processes tailored to to come back the following morning. They would get the needs of those they serve. District Offices of the up even earlier the next morning, often with the same e Income Assistance Regulation, arid the Ministry of Human Resources (MI-IK) fit this resdts. Frustrated that they might never be able to regi~lationsgoverning Youth Works and description. They have tried to develop processes for submit their applications, people were arriving Disability benefits, which came into effect handling new BC Benefits applications that are at District Offices sometinm in the dark and on March 31, 1997, stated that a person was not respormve to the changing needs of their clients. in inclement weather, in order to be sure that eligible for regular income assistance benefits whilc In one case, the they would get an an indictable arrest warrant for the person or for his resulting system creat- appointment to have or her adult dependant remained outstanding. Until ed a situation rerninis- ... the new first-come-first-served policy their new applications the warrant had been cancelled or cleared, regular cent of the movie created a situation where new BC Benefits initidted. benefits could not be paid. Crourrdhog L)cly. In that applicants felt as if they were in a remake of When the On~bitdsman Typically, the outstanding warrant is from another jurisdiction in Canada and often involves movie the principal Groiindhog Day as a horror movie. raised questions with character key t waking one District Office charges that date back some time. In virtually all LIP each morning arid about this process, they instances, the other jurisdiction refuses to pay to experiencing the same sequence of events, no matter quickly revised their practices. Following a daily transport the person named in the warrant, antl what he had done the previous day. information session held when the District Oftice sonleone without fiu~~dscannot travel to the other 'She increase in volume at some District Offices opened in the morning, new applicants would leave jurisdiction to deal with the charge or charges. led them to abandon booking appointments for new the oflice with an appointment time. Although they However, if the person is prepared to plead guilty, the clients because of staff complaints about delays for would not necessarily be able to apply for BC Benefits other jurisdiction may agree to waive the charge to those appointments and the large nmiber of cancel- that day, at least they would not have to go through a BC. The policy of the Ministry of Human Resources lations and "no-shows." However, the new first-come- daily lineup in order to submit their applications. prevented the issuing of income assistance or benefits first-served policy created a situation where new BC No one wants to keep endlessly reliving early until the charge had actually been waived and the Benefits applicants felt as if they were in a remake of morning lineups, nor should they be required to person had made a court appearance. This procetlure Grounchog Lhy 21s a horror movie. They would get up do so, especially when the temperature outside is could take marly weeks, and sometimes rnonths. early antl line up outside the District Office only to below zero! Orily if the person had dependent children coilld hardship benefits (with lower rates than regular income assistance) be issued. The Ombudsman received a number of complaints that the policy was discriminatory and was depriving people of the basic necessities of life. An investigation was begun. By the fall of 1997, the ministry amended its policy, making it possible to issue hardship benefits to those without dependent man who was receiving income assistance hardship assistance and regular income assistance. As children once they presented proof of having from the Ministry of Human Resoi~rces a result, SAFER policy did not permit him to apply requested that the charges be waived to BC. (MHR) was in need of shelter aid. MHR for shelter assistarice until he was no longer receiving required him to apply for Canada Pension Plan hardship assistance. Since SAFER applicatioris could (CPP) benefits prior to his turning 65 years of age, not be made retroactive, this marl was not receiving but had agreed to provide him with hardship shelter assistance from either regular income assistance while he awaited these benefits. Once he assistance or through the SAFER program. a ove received his CPP benefits, he was expected to repay in The Ombudsman advised the SAFER Branch of full the amount of hardship assistance he had the distinction between hardship assistance, which received. was subject to repayment by the client, and regular frustrated owner of a moving company Although the man did not object to paying back inconie assistance, which was not. The man's conlplairled that the Ministry of Human the hardship assistance, he believed that he should be circumstances were reviewed and he was considered Resources was not respecting legislation eligible for a shelter assistance grant for the period eligible for SAFER'shelter assistance effective when he governing licerising for cartage firms. The ministry when he was receiving hardship assistance. This grant began receiving hardship assistance from MHR. The required its employees anticipating a transfer to was provided through the SAFER (Shelter Aid for branch also took measures to ensure that others obtain estimates from moving companies. The Elderly Renters) Branch, then with the Ministry of receiving hardship assistance from MEIR until their written policy directed staff to advise those obtaining Housing, Recreation and Consumer Services. The CPP benefits arrived would not be considered estimates that "licensed carriers have greater SAFER Branch was making no distinction between ineligible for shelter assistance through SAFER. accountability for their actions than do imlicensed carriers." The owner said he was often asked to

submit an estimate. but he rarelvi eotV the work because i~nlicensedfirms were offering to do the job at a lower cost. In his view, the nlinistry was in effect penalizing businesses complying with the Motor Smiling Carrier Act, which requires companies transporting goods to be licensed. He argued that, because the left hand did not know what the tribunal decision she had won and would result in her licensed carriers had higher costs, they could not was doing. A wornan was receiving benefits being cut off. compete with the rates of i~nlicensedfirms. He had to Work benefits. She had requested, The Ombudsman's contacts with the District contacted the ministry directly but said he had and was awarded, enhanced dental benefits to allow for Office indicated that the woman's benefits were still no success in having his concerns addressed or in extensive dental work for her son. When she was told, ongoing. Staff appeared unclear about the status of changing the policy. after six months, that she was to be removed from the the woman's declared intent to appeal. However, sev- The Ombudsman raised the matter with the Transition to Work Program, she appealed and won a eral weeks later the woman informed us that the policy division of the ministry and referred it to the further six months enhanced dental coverage. Since District Office had not irnplenlented the decision of Comptroller General. As a result, the Ministry of her son's dental work woi~ldnot be conlpleted even the BC Benefits Appeal Board that the ministry pay Human Resources amended its policy so that only then, she requested an extension of the twelve-month for completion of her son's dental work. When we licensed cartage firm cvould be asked to submit rnaxinlum allowed under the Transition to Work ben- contacted the District Office again, staff stated that estimates on work. efits. The ministry refi~setl, and before the twelve- they knew nothing of the appeal nor of the decision month deadline had been reached, she stated that she and that the woman's file had been closed because of Income Team intended to appeal that decision to the BC Benefits lack of contact. We confirmed with the Appeal Board Files Open Jan. 1,1997 254 Appeal Board. She argued that it woiild be tunfair for that the woman's appeal had been successfi~land had Files Received in 1997 1632 the ministry to cliscontinue coverage for her son's de11- been forwarded to the Health Services Division. Once Reoverled 1 tal work, since she coilld not pay for it herself. The again we contacted the District Office and asked Closed - No Investigation 355 ministry informed the wornan that her appeal to the them to follow up. They did, antl confirmed that the Closed - Investigation 1018 UC Uenefits Appeal Board before her benefits were woman's claim for her son's derltal work woidd be Internal Team File 'l'ransfers 147 exhausted would essentially be an appeal of the processecl immediately. Files Open Dec.3 1, 1997 367 Page 20 Ombudsreport 1997

ate on Re

rst reported on the planned regionalization of these new health authorities took place on April 1, General Hospital (including the UBC site) ealth care and the expected impact such 1997. With the exception of denominational @ the Children's and Women's Health Centre of reorganization might have on Ombudsman hospitals, most hospitals and facilities have now been British Columbia, incorporating the BCs Children's investigations in my 1994 Annual Report. The plan of amalgamated with the appropriate IiHB or CHC. Hospital, the BC Women's Hospital and Health the Ministry of Health originally called for over one Denominational hospitals have the option of Centre, and the Sunny Hill Centre for Children hundred Regional Health Boards and Community establishing an affiliation relationship by contract a the BC Cancer Agency. Health Councils, with full transfer of responsibility to with the KHB or CHC, which allows the hospital The reorganization has changed the way in which the new health authorities by mid- 1996. However, the board to continue to govern and operate the facility, the Office of the Ombudsman deals with complaints review of the regionalization initiative by a Caucus but requires that the facility participate in the about the delivery of health care. With the exception of Con~rnitteesuspended the process temporarily. In my initiatives of the KHB or CHC to achieve efficiencies complaints about facilities not amalgamated, we advise 1996 Annual Report we outlined the changes in the and improvements in service delivery. The denomi- the CEO or Senior Manager of the RHB, CHC, or CHSS regionalization plan announced by the Minister of national hospitals that have "affiliated" with their of any complaint under investigation in her or his region. Health following the Caucus review. These changes KHB or CHC include: Mount Saint Joseph, Much of our time now is spent building relationships included a recluction in the number of Regional St. Vincent's, Brock Fahrni, Moly Family, St. Paid's, with these new authorities and ensuring that they under- Health Boards (RHBs) from twenty to eleven, the St. Michael's and St. Mary's, all located in the lower stand the role and function of the Ombudsman. establishment of thirty-four Comnlunity Health mainland. A number of other denominational Fortunately for the Ombudsman's Health Team, not all Councils (CHCs), and seven Community Health hospitals are expected to affiliate, rather than health-related authorities have been affected by regional- Services Societies (CHSSs). The RHBs, located in the '~malgamate,with their RHB or CHC. ization. Centralized programs, such as Pharmacare, the urban areas of the province, are responsible for Several non-denominational facilities have estab- Medical Services Plan, the BC Ambulance Service, and the delivery of all health care services in their lished a contractual agreement with the Vancouver/ provincial facilities such as the Forensic Psychiatric region. CHCs, locatecl in the more rural areas, are Richmond Health Board, rather than undergo Institute and Riverview Hospital, remain unaffected. responsible for facility-based health care, such as amalgamation. These facilities have developed "cluster" Self-governing regulatory bodies, such as the College of hospitals and long term care facilities. CHSSs provide boards, intended to reduce administration, with each Physicians and Surgeons and the Registered Nurses services in areas such as mental health, public health cluster board establishing its own relationship to the Association of BC are also unaffected. and continuing care. 'I'he CHSS is composed of RHB. These hcilities include: (For further discussion of regionalization see the representatives from each of the CHCs in the 9 the Vancouver Hospital and Health Sciences Centres, Auditor General's report: A Review of Governance and geographical area it serves. i~icorporatingthe G.F. Strong Centre, the George Accountability in the Regionalization of Health Services. The transfer of responsibility and funding to Pearson Centre, the Arthritis Society, and Vancouver 1 995:2. Homepage: www.oag.bc.ca)

woman had been a client of the Vancouver en a woman received a bill from the General Hospital Centre for Sexuality, Medical Services Plan (MSP) for $288 Gender Identity, and Reproductive Health to cover premiums retroactive to for some time. Her physician, on staff with the centre, April 1 and through July, she felt it was unfair. The fter his mother's death, Mr. J received a bill had written to the Medical Services Plan (MSP) family income was $1,500 per month and she for the last month of her care in a long term requesting approval for male to female gentler reassign- believed they qualified for premium assistance. care facility. While his mother had been a ment in March 1996. When the plan did not respond, The woman and her children were receiving full patient in the facility, she had lost a number of items she travelled to Montreal, the only place in Canada premium assistance until March 1997. Effective April 1, for which she had never been compensated. The total where the procedure was available, and underwent 1997, her husband was included under her account. The cost of the missing items exceeded the total of the surgery in April 1996. She felt that the delay of MSP in application for premium assistance, signed by both the outstanding bill. Considering this, Mr. J felt that the responding to her physician's request was unfair. woman and her husband, indicated continued entitle- facility was unreasonable in requiring him to pay his For the past several years MSP has paid for ment to full premium assistance, based on their joint mother's care charges. At a minimum, he thought he gender reassignment based on the current fee 1996 net income. However, information from Revenue should have been offered a repayment plan. schedule. In July 1995, the plan had suspended approval Canada indicated that the family's adjusted net income When we reviewed the situation with the staff at of all requests for gender reassignment. (Although the of $20,520 was $1,500 over the threshold to qualify for the facility, we discovered that the cost of the missing plan had notified the centre of the suspension of premium assistance, as established by the Regulations items could not be considered as a "trade off" to approval and the reasons for that decision, the woman under the Medicare Protection Act. The couple then the care charges since the facility had not been claimed that this information was not communicated applied for temporary premium assistance, indicating a responsible for the loss of the mother's personal to her). At the direction of the Medical Services total monthly income of $1,865. However, the plan items. Apparently, iMr. J had not made alternate Commission, the plan had begun the search for a calculated expenses differently, and allowed $424.34 arrangements for safekeeping of her items when his contracted facility prepared to carry out male to female with which to pay the monthly MSP premium of $72. mother was admitted to the facility, in accordance gender reassignment at no additional cost to the Temporary premium assistance was denied. with the facility's policy. patient. The plan finalized a contract with a facility in The Ombudsman concli~ded that the plan's Although we were not able to substantiate any Oregon during the latter part of 1996. The woman's decision was consistent with the Mediccire Protection Act unfairness in the billing practices of the facility, in application for gender reassignment had been approved and Regulations.We advised the worm that she could pay consideration of Mr. J's financial situation, we were for this facility and scheduled for January 1997. the arrears by instalment, and referred her to the plan to able to arrange with the facility a mutually agreeable However, as she had already undergone surgery, she make the necessary arrangements. repayment schedule for him. requested reimbursement for the full cost of the proce- clure done in Montreal. MSP refused to reimburse her. However, as she clearly met the plan's criteria, the plan agreed to the The Minister of Health Tkat the Provincial Government Ombudsman's suggestion that they provide payment at Minister Responsible for Seniors appoint a Mental Health the same amount that would have been reimbursed in her recently released 1998 khocate for the Province of British prior to July 1995. But since the surgeon had increased Mental Health Plan, announced bia, with tke following mandate: his fees substantially, the woman received reimburse- the creation of a Mental Health annually and as required to tke public on the ment equal to only about 25 per cent of the total Advocate. She said: service system in BC, and on the expenses related to her surgery. Before July 1995, when Systemic advocacy is required to monitor the perfor- issues being errcountered by consumers, service providers, the surgeon increased his fees, payment from MSP was mance of tke various elements of tke service system, par- advocates and those tkey support; and provide a single equivalent to about 50 per cent of the cost. Had she ticul~wlyat their boundaries, to ensure tkat services are information und referral source for advocacy resources in waited for the plan's response, the woman would have integrated, coordinateci and non-discriminatory, rriental health services iin BC. had fid coverage, with only travel and incidental To support this initiative, the minister will appoint a We hope that the minister will make the expenses to pay. Given that she had undergone surgery Mental Health Advocate for the province of British appointment in the near future to enable the without prior authorization, we considered payment at Columbia. The Ombudsman, in Listening, Public Report Advocate to be in place as implementation of the July 1995 rates to be reasonable and fair. No. 33 on Riverview Hospital (May 1994) recommended: Mental Health Plan proceeds. O~irhuctsreport1997 Page 21 alth

tration of public policy, thereby providing an ive opportmity for critical scrutiny, as well as a rational focus for vublic debate,. ,iudicial review and an Ombudsman investigation. Moreover, giving reasons Reaso promotes public acceptance of the legitimacy of administrative action; failure to .,give reasons may leave the decision open to question. ix physicians were involved in the care of a woman was not satisfied with the investiga- We were unable to substantiate the woman's woman's now-deceased mother. She com- tion of the College of Physicians and complaint that the college's investigation was inade- plained to the College of Physicians and Surgeons into the death of her 26-year-old quate. However, after hearing our concerns regarding Surgeons regarding their care. After receiving the deci- son who had been hospitalized for ulcerative colitis at the adequacy of the reasons provided in this case, the sion from the college, she complained to the the time of his death. Understandably, she was very college wrote the woman a second tiecision letter. Ombudsman. She alleged that the college's decision upset at the loss of her son. This tirne they addressed her concerns about all six of reflected inactequate investigation; that the college had Our investigation found that the college had done the physicians she had complained about, providing failed to address her complaint about two of the six an extensive review of the complaint about the physi- fidl and adequate reasons. We considered this action physicians; and that its conclusions regarding the other cians involved in the son's care. The matter had been to have resolved the remaining portion of the four physicians did not flow from the evidence considered by the Quality of Medical Performance woman's complaint to the Onibudsman. reviewed. Committee three times and by four deputy registrars. Our investigation included a thorough review of Three of the deputy registrars had met with the all documentation related to the woman's complaint, woman to address her concerns directly, in addition to including the minutes of the Quality of Medical writing lengthy letters addressing her many questions. Performance Committee, a peer review committee The opinion of the college was that the cause of death established under the college.'^ rules. We also was a massive pi~lnionaryembolism, which could not interviewed the Deputy Registrar who had consid- have been predicted or prevented. Although the ered the matter. woman appeared to accept this finding on one level, The Ombudsman's role is not to assess the med- she continued to raise various questions in an attempt ical evidence, but to consider whether that evidence to understand why her son had died. leads logically to the final decision of the college. In Since the college appeared to have done an exhaus- this case, we found that evidence supported the tive review md provided clear information to the college's findings. However, when we reviewed the mother, we were unable to substantiate her complaint. college's decision letter to the woman, we found that: O the college had failed to report on two of the six physicims she complained about d although the college's letter gave an excellent summary of the care provided to the woman's mother prior to her death, the final decision regarding the remaining four physicians is woman missed her examination entirely. did not appear to flow from that summary. She went to the wrong campus of the col- In the Ombudsman's view, giving reasons lege where the exam was being given, and by enhances the public's untierstantling of the adminis- the time she arrived at the right campus, the examin- ers had already left. The college refused to give her another opportunity to take the examination. The notice sent out to the examinees clearly stated, in bold print, the location of the campus, and included a map. It also stated that there would not be another opportunity to take the examination, and that cantii- dates must be on tirne. It was clear that the woman had been sent all this information before the exam date. ease The examination was scheduled for 4:05 pm and the examiners waited until 5:30 prn before leaving. We concluded that the college had provided woman had been prescribed a drug called , I<, who had undergone prostate clear and concise information regarding the location Eprex, to be delivered by injection three surgery in 1974, was required to take a of the examination site. We were unable to times per week. The drug cost $134 per particular medication to reduce inflarn- substantiate this complaint. month and was necessary to keep her alive, since all mation, at a rate of four doses of the medication each other treatments had failed. However, Pharmacare day. For some years his doctor had prescribed the had refused to cover the cost of the medication, even medication at four hundred doses at a time. However, though the woman's physician had requested special his pharmacy would no longer fill the prescription at authority. The woman's husband had been borrowing the usual rate because, he was told, Pharmacare rules the money to pay for the drug, as he did not have the would not allow more than 120 doses of a medication disposable income to meet the expense on his own. to be dispensed at one time. Since this practice would Pharmacare confirmed that Eprex was not cost him more for the additional dispensing costs, he n elderly gentleman received a birth certificate currently an eligible benefit. The drug was covered spoke to the manager of his pharmacy who agreed to in 1944 recording his birth date as June 1925. under two fi~ndingmechanisms, through the kidney write to Pharmacare on his behalf. There had been no .He recently obtained a new birth certificate dialysis service, and through the Centre for reply from Pharmacare. and surrendered the old one in the process. The new Excellence, for patients developing AZT-related birth certificate recorded his birth date as June 1927. He anaemia. However, the woman did not qualify for He was so gratefill that he came to our contacted the Vital Statistics Agency to contest this error either of these programs. The drug manufacturer had ofice to personally thank the Oflicer and request the return of the old certificate, which he recently applied to Pharmacare for coverage related who had handled his case. considered correct. He was told that the date of birth on to two further indications for use. This application his new certificate was correct, and that the old certificate had been forwarded to the Therapeutics Initiative At the request of the Ombudsn~an,the senior had been destroyed. and the Pharmacoeconomics Initiative, the two pharmacist at Pharmacare agreed to review the man's We found that the man's certificate of registration advisory committees that review the therapeutic and situation. It appeared that Mr. K's pharmacist had not of live birth, signed by his birth mother, recorded the cost effectiveness of new drugs. The results of this called Pharmacare. In any event, she said it woilld be up date as June 1927. An adoption order, dated May 1928, review were not expected until the late spring. to the physician to make such a request to Pharrnacare also read as June 1927. The agency explained that the Under the circumstances, Pharmacare agreed to on behalf of his patient, not up to the pharmacist. birth certificate obtained in 1944 had been issued by a provide the woman with coverage for Eprex for a Mr. K's physician wrote a new prescription and District Registrar and that such birth certificates were period of one year, the standard approval period. The faxed it to Pharmacare for the senior pharmacist's not accepted as identification any more, because they woman and her husband were delighted with this attention, requesting an exemption. Pharmacare frequently contained errors. For this reason, the agency resolution. granted the special authority and the man was able to had replaced the man's old certificate free of charge. receive the same prescription amount he had been We concluded that the agency had acted correctly. used to receiving. He was so grateful that he came to Although the man accepted this information, he was our office to personally thank the Officer who had left with the unsettling news that he was two years handled his case. younger than he had thought. Page 22 01iif)rrclsreport 1 997

. Y failed the written licensing group of recent graduates from a privately Two-thirds of each examinatiori is made up of examination offered by the College of operated school of niassage therapy all failed questions selected from a "bank" of questions used in Opticians in September 1996. Since this the licensing examination adn~inisteredby previous examinations, and one-third, of new was the last written examination offered under the the College of Massage Therapists of British Columbia questions developed specifically for that examination. ilmerican Board of Opticianry and the National in August 1995. They had all done well during the The analysis considered all the questions used in the Contact Lens Examiners (ABOINCLE) series, she course of the two-year program, each paying an anatomy examination for several years and foi~ndthat reqi~estetlthe option of a practical examination. The average of $20,000 in tuition and related expenses. the section on anatomy was actually no more difficult college refi~setl.She felt this was unfiir. tiaving failed the exarnination, they coi~ldnot practise than in previous years. The results of the review 1:ollowing designation imtler the tlecrltlr as registered massage therapists. The graduates believed suggested that the increase in failure rate was not I-'rofessioris Act, the college arranged to have a series of that the college was unfairly trying to hitthe number ca~~setlby a problem with the examination. six licensing examinations held around the province. of registered niassage therapists by making the licens- These examinations were schetluled between April ing exan~inationunreasonably difficidt. In support of The graduates believed that the college 1995 and July 1996, with an additional final their allegation, they noted that the failure rate for the was unfairly trying to lirnit the number examination added in September 1996, after a change August 1995 examination was extremely high. of registered massage therapists by in the by-laws. (This atltlitional date was intentletl, in The college administers the licensing exan~ination making the licensing examination part, to allow a second opportimity to those who hatl in Febri~aryand ili~gi~stof each year, and continued hiled the examination). In all cases, the examination to do so during the course of the Ombudsman's tinreasonably difficult. had been purchased under arrangement with the investigation, which was completed in June 1997. The The college has continued to exhibit a great deal I\BO/NCL,E of the United States. 'These examinations failure rate continued to be somewhat high for each of of care in administering the licensing examination, were intentletl to establish a minimuni level of these examinations. However, the Ombudsman was selecting and editing the items used from the competency from which to build in the future, antl i~nableto find any evidence that the college was "question bank," and in writing the new questions were available only for the initial registration of the attempting to lirnit admission to the profession used. All questions are subject to review by private profession, after which the college intended to through the license exaniination process. In fact, consultants for both content and item analysis. Once develop its own examination. We learned that Ms. Y concerned about the apparent increase in the failure the examination has been administered, a computer had not attempted an examination until the final one rate, the college began a significant review of the exam- marks it, and then the college's private consi~ltants in September 1996. ination process, including thorough analysis of each carefillly review each question. Any questions that The by-laws of the college allow for a practical qilestion by private consultants. The analysis fociused statistical analysis finds defective are removed. The exarnination only if the cantlitlate has failed the on the way the questions were worded as well as the computer, without consideration of the "defective" written exarnination twice. In this sitiuation, the content. As a result of this review, a number of changes questions, then re-marks the examination. The final college did not have the authority to offer a second were made. One of the foils sections of the written score for each cantlidate can now be said to be basetl practical examination. We were unable to sitbstantiate examination (anatomy) contini~edto be identified as on a highly refined testing instrument. this complaint. problematic, with the highest overall failure rate. The We consider the actions taken by the college to college then hired two other consultants to carry out an ensure a valid licensing examination to have settled extensive analysis of this section of the examination. this complaint.

. N came from Newfoundland to British Columbia after working for eight years in the field of Early Childhood Etlucation. She had received her training in Newfoi~ntlland at a woman admitted to hospital for a thirty- woman had worked as a nurse in long term private institution that was recognized both in day psychiatric assessment returned to the care facilities for years. She alleged that the Newfoiundlantl antl in other provinces. ward from an outing around 9 pm. She got Professional Conduct Committee of the into an altercation with a nurse who questioned what Registered Nurses Association of British Colirmbia had She applied.. for an Early Childhood Education Licence froni the Community Care Facilities Brmch, she was doing as she sat coloi~ringa poster in the day i~nfairly terminated her membership in the sttbmitting all of the required tloci~n~entation.Her room. She alleged that the nurse started shouting at Association, effectively eliminating her income and application was refused. She was told that the problem her and calling her a liar. When she did riot respond, livelihood. She alleged that the committee had "never centred on her credentials from the institi~tionshe had she said that the nurse kept shouting at her and then believed her side of the story," and therefore she hatl attentletl in Newfoi~ridland,which was ci~rrentlybeing attempted to lock her in the seclusion room. When been mistreated in the process. assessed by the Ministry of Health. No final decision she refused to cooperate, arguing that she had not The committee had found the woman guilty of would be made for six to eight months. Since she had clone anything wrong, the nurse called a "yellow conduct contrary to the ethical standards of the profes- a friend here who hatl trained at the same institution, alert" ancl five nien came into the day room and sion of nursing and of professional miscontluct for who had already been lice~isetlin British Colunlbia began to drag her away. When she resisted, the nurse failing to meet the standards for nursing practice in and was practising her profession, she felt she had grabbed her thumb and bent it backwards. She was British Columbia. The decision to terminate member- been treated unbirly. then sedated and thrown into the seclusion room. ship was based on the committee's concern that the We explained the wornan's circ~rmstancesto the She felt strongly that this nurse had mistreated her. woman was placing her elderly patients at risk, and that, Director of Licensing at the Community Care We learned that the Registered Nurses Association in spite of a long history of being advised of her practice Facilities I%rarlch.She advisetl 11s to have the woman of British Columbia (RNABC) had also become problems, she had fiiled to show any insight into them. call her to discirss her intlivitlual situation further. involved, antl that a Nursing Practice Consultant had The Omb~~dsnlanwas unable to identify any Ms. N was granted the license and expressed her been sent to the hospital to assist in addressing procedi~ralerror on the part of the committee, and thanks to the Director and to 11s for our intervention. the issue. File evidence suggested that the woman's fo~~ndthe con~mittee'sdecision followed reasonably behaviour had escalated, arid was out of control at the from the evidence iunder consideration. The fact that time of the incident. There was a history that she had the committee presented other evidence over that injured hospital staff. Nevertheless, questions remain offered by the woman did not, in antl of itself, suggest regarding the behaviour of the nurse who initiated the that the committee was biased against her. Onibr~ds outburst with his confrontational approach and use of GUIDING PRINCIPLE the "thumb hold." The Nursing Practice Consultant intended to Health Team disci~ssthis behaviour with the Nursing Manager and Files Oven Tan. 1.1997 24 1 the nurse's supervisor, to stress the need to document Files Received in 1997 473 such incidents ancl the importance of ongoing evaluation of nursing staff. These actions, as cornmu- Closed - No Irivestigation 163 nicated to the woman by the RNAUC, and confirmed Closed - Investigation 400 by this Office, were considered by her to have resolved the matter. Internal Team File Transfers 2 5 Files Open Dec.3 I, 1997 126 @~nhOsreport1997 Page 23

case the Ombuclsman resolved in 1991 until the recent clecisiori of the Si~pre~neCourt of interpretcition from health inslrrcrnce co verage is a form illustrates the difficulties people with Canada in Eldriclge and Wkrren v. Attorney General of of discrimination, which violates section 15(!). disabilities may experience in obtaining British Colurnbia, et al, other people who are deaf The court identified the two rn& objectives of access to health care, even though they carry medical continued to face a significant disaclvantage in their eq~ialityriglits to be: irisi~rance.We were contacted by a woman who is ability to access health care. cii to prohibit the attribution of tititrue charcicteristics deaf, who frequently experienced life-threateni~ig Eldridge and Warrerr v, Attorney General oj based on stereotyping attitudes (e.g., racist or allergic reactions. As a result she had been treated in sexist attitudes); and British Columbia ef a1 (excerpt from c. 10, by b,; to take into account true characteristics several different hospitals, none of which provided D. McCallum antl f? Carver, from A Legal IIwidbouk sign hnguage interpreters. for the Helping Professional, edited by Uhlernann and je.g., rnobility or cornrrunication irnpairrner~ts) As the wornan was receiving income assistance, that act as "hearlwirids" to the eqdenjoyment of Timer, 1998). she requested that the then Ministry of Social rights and benejits availrible to mmllinstrearn society. Services and Housing provide funding for a sign As this Chapter was beingpreparedforp~lblication, The latter objective is particularly irnportcrnt for language interpreter tluri~igher hospital stays. The the Supreme Court of Canada har~deddown the most persons with clisabilities. It gives rise to a duty of ministry felt that it lacked the authority to do so, sigrlijicm~tclecisiorl to date with respect to the scope of "reasonable accorrirno~iatiorl." That is, where arguing that it was the responsibility of the hospital eqdity rights under the Charter for persons with governrnerrts design scCrerrres provicling general benejitj, to provide such assistance. The ministry did, disnbilities. It1 Eldridge and Warren v. Attorney they are wder a ~htyto ~iccornrr~od~~tepersons wit11 however, authorize interpreter coverage for the Cetreral of B.C. et al, n cieclfcouple whose child was born disabilities so thit they hive equal enjoyment of those wornan's niedical appointments outside of the pretnaturely and a rlec~f iriclivid~lcd with vtzrio~ls benefits. This duty is subject to a limit of reasonable- hospital. 'She woman filed an appeal of the refusal to illnesses that required frequent rnedical attention ness, or "undue hardship." This wodcl allow a provide coverage during her hospital stays, and under challenged the failure of both Medical Services Plan and government to (lrgue as a section 1 defense thcit the the Hospital It~sur~ir~ePlan to expressly cover the costs the ~ninistry'slegislation at that time, the issue was set accornrnodation in question is, in 1111 the circurrrstmces, clown for hearing by a tribunal. ofsign llarig~ugeinterpreters 11s part of henlth insurmce too costly to undertcrke. In the meantime, the wornan was hospitalized on in British Columbia. The trial and appeal courts had In the case of sign lar~grgllage interpretation in several further occasions. One hospital agreed to clismissed the cnse, concluding that section 15 [of the rnedicd services, the Court found that the cost wodd provide up to two hours per day of interpreter Charter] clicl not impose a positive obligcrtion on amount to a tinyfrcictiorl of the province's overdl health service. Other hospitals took the position that as government to pay for tvhat was viewed as a service insurance budget. 13w Court, thert.fore, orclered the interpreters for people who are deaf were not a "(irncillc~ry"to rnedical care. government of British Columbia to cdminister its specific benetit i~ntlerthe governing legislation, they The Supreme Court of Cnnaclsl disagreed. In a health ins~iranceplansin "a rnanner consistent with the sweeping (and ilnanirnoils) decision, the Cowt rilled were riot authorized to use their budgets to provide requirements of section 15(1)" (paragraph 95) - i.e., to that section 15 is broad enough to irnpose just such an coverage. The woman told LLS she experienced pay for ir~terpretation services as part of health considerable fear antl stress during her hospitaliza- obligation on government, if that is rlecessary to ensure insimnce. tions, because she felt that she might not be able to that persons with ciiscrbilities receive the same qidity of This breakthrough decision wo~dclappear to have aclequa~elycorilmimicale aboul her lire-~lirea~eriirig benefits that all other citizens Lire entitled to under irnporlrinl irr~pliuitionsfor(111 p~lblicly provi~lell services condition. Finally, the Iricorne Assistance Tribunal legislated schernes such as public health insurance. and programs, including public transit and ernploy- ordered that the wornan be provided with coverage Mr. Justice LaForest, writing for the Court, found tht rnent programs, to name only two. It is, in short, the during her hospital stays, antl that an interpreter who cornni~lnicntionbetween physician and patient is kind of decision that proponents of disability rights have had previously provided services on an unpaid basis integral to health care. For deaf persons therefore, hoped and worked for over the 15 yews of the Charter's be paid for her time. The problems experienced by interpretation is not ancillary to medical service but existence. this individual were therefore resolved. However, a necessary component of it. To exclude costs of

re ose

Section of the Scl~etluleto the Ortrlrrctlsn~cir~Act Enquiries No h~vcdg~tior~ hvestig;I t'1011 Total

1. Ministries Ministry for Children and Farnilies Ministry of Aborigirlol Afhirs Ministry of Agriculture, Fisheries and Food Ministry ofiittorney General Ministry of Education, Skills and T'raining Ministry of Employment and Investment Ministry of Environ~nent,Lands and Parks 38 16 83 137 Ministry of Finonce anti Corporate Ilelations 45 17 47 109 Ministry of Forests 19 6 54 79 Ministry of Health 117 58 196 37 1 ministry of Human Resources 222 2654 636 3512 Ministry of Labour 190 18 74 282 Ministry of Municipal Affairs 27 7 80 114 Ministry of Small I3~1sincss,lburisrn and Culture 9 0 8 17 Ministry of Transportation ar~tlHighways 67 23 82 172 Ministry of Women's Equality I 1 4 6 2. Co~nmissions;rmI Uoartls 370 46 1 373 1204 Workers' Compensation Board 106 358 112 576 Other (:o~nmissions and Boards 264 103 26 1 628 3. Crown Corporations 80 549 188 817 UC Hydro 11 153 65 229 ICBC 28 374 61 463 Other Crown Corporations 4 1 22 62 125

5. Regional Districts 22 60 42 124 6. Islarlcls Trt~st 4 0 4 8 6. I - 6.14 In~yrovernentDistricts 8 1 6 15 7. Scl~oolsand School Boards 72 4 1 120 233 8. Universities 15 4 21 40 9. Colleges 26 3 31 60 10. Hospitds 50 63 88 20 1 1 I. Professional arid Occu~ationalAssociations 235 35 86 356 12. Regional Health Boards 8 6 14 28 Jurisdictional Files 3062 5008 3975 12045 Non-jurisdictional Files 2927 Total Files Closed in 1997 14972 Page 24 Ombudsreport 1997 Natural Resources

h expanding urban growth, especially rattlesnakes. Another believed that the ministry had The Guide begins with historical background in the Lower Mainland of BC, it is not taken inadequate enforcenlent action regarding an information, inclucling the observation that munici- surprising that the incidence of lanct- adjacent landowner's historical overmining. On the palities have hatl authority to regulate soil removal use conflicts has increased. A case in point is when other side of the issue, the owner of a gravel processing activities since 1957. Three approaches to by-law one landowner's interest in earning money through operation complained that the ministry initially development are suggestecl in the Guide, along with the development of an aggregate operation on his requested that she obtain a permit for activities that explanations of the factors on which they are based. property seriously disturbs neighbours or conflicts were later determined not to require one. The three options are : with other values in the community. Aggregate The regulatory framework for the aggregate @ an operation may occur anywhere resources such as sand antl gravel have considerable industry is complex. Although the ministry is the lead an operation may occur only within a defined value as raw materials for the buildings, roads and agency in regulating aggregate operations, it is not area other infrastructures of community growth. Since responsible for addressing all issues related to such d an operation may occur anywhere, but preferably transportation costs are high, it is economical to use operations. Various federal, provincial and local outside a defined area. aggregate close to the source of extraction. government agencies may have involvenient with The bulk of the Guide is a model by-law with Both rural antl urban lifestyles can conflict with these activities. The need to deal with various explanatory notes accompanying each section. It is activities necessary to extract, process and transport agencies, each with a limited mandate to regulate an intended to assist local governments to develop soil aggregate. Neighbours have sought to enlist the help operation, can be frustrating for individuals and for removal and deposit by-laws and to promote a of provincial or local governments to restrict these industry. consistent approach to by-law development through- activities; proponents of the aggregate industry feel out the province. Other stated purposes of the Guide that landowners have a right to develop this resource. Perhaps the most important ministry are to eliminate regulatory duplication and to increase 'She extent to which government is responsible for initiative was to develop a docurnent certainty for both local communities antl industry. addressing these issues has been raised in coniplaints entitled: A G~licleto the Developrnent of Local governments have an interest in encouraging to the Onibuctsman against the Energy and Minerals Soil Removal arid Deposit By-laws in the aggregate industry to ensure an economical source Division of the former Ministry of Employment and of raw materials, which woulcl strengthen their tax Investment, now the Ministry of Energy, Mines and corzjunction with the Union ofBC bases. However, each local government has a unique set the Ministry Responsible for Northern Development. 1Vizmicipnlities (UBCM). of intermts and concerns that it must consider. Sand anti gravel pits and rock quarries are Concerned neighbours may see local rather than For example, the Mirres Act does not explicitly includecl in the definition of "mine" in the provincial provincial governnlent as the level rnost accessible provide that consideration be given to issues such as 1Mities i\ct. The Act applies to all phases of mining to them. Local governments have the option of appropriate land use or impacts on social issues such from initial exploration to final reclamation and addressing the issues arising from conflict about social as lifestyle. Special conditions are nevertheless abmdonment. This statute and its supporting Health, impact and land use, after weighing the various sometimes attached to permits, as a means of Safety atrcl Reclatt~ition Code for Mitire in British interests represented. Particularly under current mitigating adverse impacts of aggregate operations Colurrrbin provide the regulatory framework for the economic circ~mistances,these are difficult decisions on adjoining property owners. The inclusion of such ministry to ensure the health and safety of both for local governments to make. special conditions can result in increased demands workers md the public. They also atldress the The Ombudsman did receive one conlplaint that for enforcement by ministry staff. technical aspects antl environmental impacts of directly raised the issue of the role of local 'She ministry has recently taken steps to improve aggregate operations. The Act requires that a permit government in regulating aggregate activities. The coordination and comniunication among the various be obtained before any mining work takes place; complaint was that a gravel pit permit was being parties and to reduce land-use conflicts. Perhaps the the Code sets the standards by which a mine must issued contrary to a position taken by local most important ministry initiative was to develop a operate. government. In this case no soil removal by-law was document entitled: A Guide to the Developrrient of Soil The rnost common complaints received by in place and therefore local government had no Removal and Deposit By-laws in conjunction with the Office of the Ombudsman about aggregate jurisdiction to intervene. However, at the concli~sion the Union of BC Municipalities (UBCM). The Guide development activities are that: of the Ombudsman's investigation such a by-law was was written by a working group that included O the opposition of neighbours to a gravel pit or being developed. representatives of the ministry and several Lower quarry application has not been considered The complaints made to the Ombuctsman raise Mainland antl other local governments with experi- inadequate conditions have been attached to a questions about the jurisdiction of each level of ence in aggregate operations. The Aggregate permit government and the need to accomnlodate both Producers Association of British Columbia and the ministry has not adequately enforced public and private interests. We comrnend the lawyers representing the industry, the UBCM and the provisions of the Code or of a particular permit. collaborative efforts of the ministry and the UBCM. provincial government were also consulted Issues have not been restricted to obvious They will assist local governments to take a planned during clevelopment of this Guide, which will soon concerns about noise, dust antl public safety. One approach to reducing land-use conflicts associated be distributed to local governments and other person complained that his neighbour's proposed with aggregate operations. interested parties. gravel pit would mask the warning signal of

r. i\/I, whose property had been The option offered to the man and his son was to transferred to him by his father, sought consoliclate two other properties to be included in to obtain an easement. 'So his surprise, the Agricultural Land Reserve in exchange for homeowner claimed that a road building he found that the property was in the Agricultural excluding the subject property, provided the same contractor had committed to cleaning the Ldnd Reserve. He thought it was unfair that the net benefit to agriculture was achieved. They exterior of his house following completion Agricultural Land Commission would not allow him accepted the option antl the Agricultural Land of road work in the immediate vicinity. The to remove the property from the reserve. Commission cancelletl the restrictive convenant on contractor later cancelled this aspect of its "goodwill An earlier land exchange in i979, at the request the son's property. policy," claiming that the goodwill was being i~nfairly of Mr. M's father, had bound the subject property to taken advantage of by residents in the area. another farm property that was in the Agricultural It appeared to us that the commitment to Land Reserve. The father assumecl that the restrictive house-clean in this case had been made prior to the convenant was in place for only ten years. Prior to contractor's modification of the goodwill policy. We transferring the subject property to his son, a title requested that the ministry's area manager speak to search showed no restrictive convenant, even though the contractor about this matter. the property was in fact in the Agricultural Land The contractor acknowledged that a commitment Reserve. The On~buclsmanfound that the restrictive hatl in fact already been made to this particular home- convenant was in fact in place and that there was no owner. The contractor contacted him antl renewed the evidence to support the father's contention about the commitment to clean the exterior of his house. ten-year term of the convenant. Ombadsreport 1997 Page 25 Natural Resources

young Inan tlarnaged both wheels of his bicycle when he hit a pothole. Both the Ministry of Transportation and Highways e Ministry of Forests sent out a Request for and the road maintenance contractor denied any R applied for a woodlot licence. The roposals (RFIJ) to move forestry personnel respo~lsibilityand refused to pay damages. linistry of Forests said no, we carl't and equipment during the fire season in We reviewed the related correspondence and the give you a licence because your spouse large transport aircraft. Mr. L complained that his circumstances surroi~nclingthis incident. We learned also works for the ministry. Mr. R thought this was sitbmission was unfairly rejected. Although his bid that the pothole had been repaired after the incident, unfair because his spouse worked in a different came in higher than the successfi~lproponent's bid but as well, that the on-site visit of the Area Manager clistrict office. for the trial season, the rniriistry entered into a noted further st~rface deficiencies close to the The ministry had acted according to its conflict long-term agreement for the provision of services at a offending pothole. We qirestioned how well the road of interest policy in this case, but agreed to review the much greater cost. After reviewing copies of had been routinely inspected and maintained during policy. evaluations obtained under the Freedom oJ the period leading up to the reported incident. A revised policy requires a Forest Service Information mcl Protection of Privacy Act, Mr. L We reqi~estetlthat the ministry reconsider its employee to consult with the district manager, alleged that no consideration was given to the original decision not to accept any responsibility. In regional manager or branch director if an immediate propo~ient'slong-term options and that his company response, the ministry agreed to contact the young family member wants to apply for a woodlot licence. would have provided long-term services at a man with a view to negotiating some con~pensation Each situation will be assessed to determine whether significantly lower cost. He also believed that the for damage to his bicycle. or not there is an actual conflict of interest should an KFP process was manipulated to provide the application be accepted from, or a woodlot licence successful proponent a weighted average. awarded to, a member of the employee's immediate The Ombudsman found that the ministry liacl family. After review, Mr. R's application was accepted. considered long-term options and costs in a 1nalirier Ombuds consistent with the information included in the RFP GUIDING PRINCIPLE package. 'l'here was no evidence that the RFI' process Nnrt~ralResources Teaw was manipulated to provide the siiccessf~~lproponent Files Oven Ian. 1.1997 314 any advantage over other applicants. Files Received in 1997 454 The ministry, at Mr. L's request, explained why -- -- Reopened------0 his cornpany was not awarded the contract. The Closed - No Investigation 101 reasons included considerations other than price. Closed - Investie~t'lon 444 Internal Team File Transfers 28 Files Open Dec.31, 1997 195

very day close to forty thousand children @ to bidd a strong NGO coalition tliat woi~ldbe an alternative NGO report was received. under the age of five die, worldwide, from lack ready to monitor the Convention after ratification. NGOs represented at the conference explained of food, shelter or primary health care. More The conference was attended by the Directors and their roles in the implementation and reporting on than one hundred rnillion children work under leaders of numerous child advocacy organizations in the Convention. They all seemed to have these hazardous and often fatal conditions. More than eighty the US, a youth contingent froin local high schools filnctions in common: niillion hon~elesschildren live on the streets of the and universities and invited experts from Europe and 0 review measures undertaken by their country world's cities. Almost ten years ago, on November 20, Canada. @ evaluate the measures for success and adequacy 1989, the United Nations General Assernbly adopted Mrs. Awa N'Dye Ouetlraogo, one of the ten S make suggestions for further action by consensus the UN Converltion on the Rights of the member UN Conmiittee on the Rights of the Child, 9 encourage public scrutiny of policies Child. All UN member nations except Sornalia and the applauded the work of NCOs in campaigning for the S investigate and report violations. United States have ratified the Convention. adoption of the Convention. She stressed that after They also see their role as including information The Deputy Ombudsman attended an important ratification they must continue "to remind govern- gathering, development of indicators on the confere~icein Indiana in 1997, dealing with the role of ments of their comrnitrnent and to urge them to iniple~nentation of child rights, including surveys, 11011-governmentalorganizations (NGOs) in support- disseminate information on children's rights and the research and documentation, training, lobbying, ing the Convention, monitoring children's rights and Convention in official as well as other la~iguages advocacy, networking, public hearings and debates and promoting ratification. The Conference was hosted by spoken within the country." the distribution of national and alternative reports. Indiana University-I'i~rdi~eSchool of Education. She encouraged NCOs to help ensure that the The last speaker at the conference likened the The conference focused especially on helping the reporting process under the Convention is participatory children's rights struggle to the suffragette movement US NGOs: and transparent, that the reports are comprehensive and and the civil rights struggle in the US and South 9 to understand the positive effect tliat ratification analytical and that children are i~lvolvedin the reporting Africa. He suggested that some of the same tech- has had on the work of NGOs in other couiitries process so that their voices are heard. She also niques used by these movements might be necessary 0 to explore how ratification might affect child encouraged NGOs to present alternative reports and and appropriate to further the quest for the irnple- advocacy in the US said that in 90 per cent of the State Reports submitted, mentation of children's rights.

Govedng Bodies of Professional and Ocmpational Assoeiatlons Enquiries and Complaints Received in 1997 C;rtc.gor*ies Emlrriries Conrplnints Total No investigation I Investigatiori Closed witho~~tfindings Settled Closed with findings 1.College of Dental Surgeons of BC 16 4 5 0 2 27 2.College of Massage 'Therapists 2 I 2 3 0 8 3.College of Opticians 2 0 1 1 4 8 4.College of Physicians and Surgeons 82 12 12 6 5 117 5.College of Psychologists 1 2 4 1 0 8 6Lnw Society of UC 109 9 10 3 2 133 7.Registered Nurses Association of BC 7 2 3 0 2 14 8. Other 16 5 12 4 4 4 1 [ Total 235 35 49 18 19 356 Ombudsman Bonrd rr~err~bersof the USOA Lej3 to rrgh P(itrrcrn Seleen, mbutls~n,~nsfrorri cross Cxda hwe Presrdent, ]oh Edcl~np,V~ce-preslcient, Dulcre i\kCnll~rrn, been meeting mni~dlyLor two clecxles.

hundred clelegates gathered ,~t

~ssociat~on,the group wll be better able to fornial~ze nual Un~ted Stdtes contacts wth one mother mtl w~thmthe North rence. The loc,~tionof

Ornbudsmm Associdtions. Some of the key topics discussed were: 9 The Ombuclsman and Privacy Issues 9 Priv'~t~~,~tionmd Contracting Out 9 Ornbudsrn~~nExyerielices in ~Mi~n~cip~l nrnents and the Om Jurisdictions. dtlon on Ombudsr In attendance were three guests from Parma, ote address, "The Uruil who were v~s~t~ngBritish Columb~awith a view to setting up a "tw~nning" fi~nciing.(See centrespred). the New M~llenn~um:Some The Sask'ltchewan

'Sornk~ns, W'IS 'I wo~lderfi~l host. The p~tchfo~kfondu, along with good old f'lshmned Western dancmg, wdl not be forgotten. Thank you to her ancl all her staff.

cffect~veriessof the 01nb

lse of cled~ngw~th additiond cor inst~ti~t~onthdt they ~ctthis w,ty CIS necessa~yconco The O~~rbnclsnlan,the more qproprlate issi~es. The mqonty of 0 her ,~re,lof concern is public reldt~onswith Public and the Media actwe contact w~ththe n

~t~~ensIn the performmce of Ollveirrl, Orr~b~irlmi~nof Prrrcrtu, Br~rzil ~na m,~)ornewsp~~pel; some cilrrent aff,~irsplograns on inmy yeus, conventionJ w~sdomh,ls sd give talks to vxious profes not xcess~blemd responsive, tt the majority of citizens were dpathet~c initiatives ,Ire relevant anc

~~1stdidn't care. In f~t,just the opposite is true; people hwe ,I clear sense of their change the wcly they th~nkabout and cwic responsibdities. They cxe so deeply ~rlter~~ctw~th cltlzens ~f the cltuen - offic~d relc~t~onshipis to

cratic? The Ombudsman why not assume that it is tune to get off lobby~sts,~ncumbent politicims - and ,I the be'lten track md give ourselves '1 new medic\ elite. -lhey see systerll with its establishing ways that permit them to participate socd conttact to make relations between doors closed to the wer,lge cltlzen. efficiently, incor~oratin~the whole corrimtinity in the the people md the government fully JJ ,- L " media generally see themselves as government mandate as a way of rectqying mistakes and democratic? The Ornb~~clsmanOffices neutral referees who serve the public inter- exparid the democratic and public ability est by keeping a critical eye on what politi- distortiorls that are common in a representative system. of making decisions. They give a greater cians and governments do. The value to citizens' rights by establishing public, on the other hand, see themselves at the mercy efficient in investigating, however swift in reporting, ways that permit them to participate efficiently, of the press; they feel that politics is steered by the however impartial in judgment, however fair in award- incorporating the whole community in the govern- media, that the niedia deliberately try to sway people. ing redress - all is of no avail if the orclinary citizen with nient mandate as a way of rectift-ing mistakes and dis- Many citizens believe that the media are partly respon- a grievance does not know that the Ombudsman is there tortions that are common in a representative system. sible for the public's distaste for politics and and waiting to help. The Ombudsman should be clearly They provide each citizen with the power of action in governments, that their coverage of issues is trivialized visible and readily accessible. order to receive the proper protection in a fast, safe, by sound bites and distorted by negativism. Have we as Ornb~tdsmandone enough to inform efficient ancl, above all, respectful way. The Ombudsman milst operate in this milieu, the public of our existence? Are we hiding our lights but media interest in the Ombitdsman work is under bushels with imwarranted and unnecessary important for two reasons: modesty? There is of course a danger in too much On~hndsreport1997 Page 27

Speech

excerpts from the closirig address at the Everi tieth Anrriinl Cor4ererrce of the US Orrrbiiclsrriari Associ~ltiori, giver1 by Mr. Aridrecv So, Orrrbirdsman for fforrg Korig. The cotriplete ciddress is available from the International Ombudsrrian Institute as Occc~sionalPaper Nwriber 61.

lave been asked what made me travel half the world to come and address this c

p~~tthe institution of Omb

ndent in operation, flexi- e public and the authority Standing still is simply not

it is important for the [opt a visionary approach helping redesign, reinvent service and in raising and

sufficiently long, that there is no protection against dismissal for an finding, if our office might not have su vestigative powers, if there is ins~~fficientpro to confidentiality, if sufficient irnmunit enjoyed against giving evidence - these common gro~~nclon where we can seek change. The first solid roc To deal with the problem of di excerpts from the oper~ir~gadtlress r!t the arrniral USOA Coriference. by Roberta Jamieson, Ombudsman for the Province of Ontario, Canada The second is the fa r area of change that I co only are the times a'changing, but budsman office is the ac change itself is changing. If we compare oimelves with Ornbudsnian of just the ourselves as expert con true for LLS because Canada an previous generation, we can see that we have changed a valuable opportunity. our way of doing business, our way of evaluating by conflict, the sltills we fairness. We have added systernic investigations to our balarice in the relation udsman inst ongoing work of investigating individual conlplaints. powerfid institutions a We are becoming experts in informal resolution of issues and complaints, offering leadership in

dim independence, Prim

(Ombudsman) to monitor corruption complaints against public figures. iristitutions can operate effectively. The most to establish a Human Rights important principle underlying these institutions is

statute and be able to access information, initiate term. The post of Himan Rights Ombudsman was investigations, react quickly to notorious situations created in the mid-1980s by the coiuntry's first civilian and be able to report publicly. President Daniel arap Moi announced leader in three decades. he will soon establish the Office of

The UN Development Program, together with the government of Page 28 O~~~br~clsreport1997

Receive y Year Garibaltli Case, 1981 (Environment) Lotteries Case, 1981 (Government Services) Cuthbert Case, 1981 (Harbours Board) Certificate of the Attorney General, 1982 (Attorney General) Reid Case, 1982 (Transportation and Highways) "A Matter of Administration" : B.C. Appeal Court Judgment, 1982 Shoal Island Case, 1984 (Forests) Workers' Compensation Board (No. 1)

Vol. 1 - WCB, 1984 Vol. 2 -An Investigation by the Ombudsman into Eleven Complaints about the WCB, 1984 Supreme Court of Canada J~~dgment,1985 Section 4 of the flighrvrry Act, 1985 (Transportation and Highways) The Cobb Case, 1985 (Forests) Workers' Compensation Board (No. 2) Vols. 1&2 - WCB, 1985 Willingdon Case, 1985 (Corrections Branch) Hamilton Case, 1985 (WCB &Attorney General) Workers' Compensation Board (No. 3) Case Wacker Wavels Vol. 1 - WCB, 1985 Niklu Merry Case, 1994 (College of Physicians and Surgeons) Regulation of Newport Realty Incorporated by the ne of the strong resources within our Superintendent of Brokers, February 1996 Office is our technical knowledge base, a A Complaint Regarding an Unfair Public Hearing Process priority of the Ombudsman over the past (City of Port Moody), February 1996 An Investigation into the Instability and Recession of Willemar six years. Tkvo elements have gone into making our Mr. Don Morrison has been appointed as the Bluffs (Regional District of Comox-Strathcona), June 1997 database so effective: first Police Complaint Commissioner, an Officer of Ombutls Strategic Plan 1997 - 2001, March 1998 information technology staff with a variety of the Legislature. The Commissioner is broadly Statutory Officers of the British Columbia Legislature, May 1998 (Officers of the Legislature) expertise responsible for overseeing the process by which the a computer system for handling complaints that public can make complaints against municipal police we developed in-house and consistently refine. departments. He may receive complaints from any East Kootenay Range Issues, 1981 (Environment; Forests; 'I'he Case 'Iiacker System (CTS) is integral to the source, and is required to maintain a record of Lands, Parks and Housing) clay-to-day activity in our two offices. All informa- complaints and their disposition. The Conimissioner Ombudsman Investigation of an Allegation of Improper Search for Information on Five Individuals on the Part of tion concerning cornplaints is tracked from the does not make findings on the validity of complaints, the Ministry of Human Resources, 1982 moment of contact until its final disposition. but monitors the manner in which police Expropriation Issues, 1983 (Transportation and Highways) Inforr~iationis readily available to staff at any point departments investigate antl conclude complaints The Nishga Tribal Council antl Tree Farm Licence No.1, 1985 (Forests) throughout the course of an investigation. The infor- made against them. In addition the Commissioner The Use of Criminal Record Checks to Screen Individuals mation collected provides research and statistical may order investigations, oversee mediation between Working with Vulnerable People, 1987 (Social Services data, which is key to how we manage our resources the complainant and the police department and refer and Housing) Liquor Control and Licensing Branch Fairness in Decision antl determine which systemic issues or individual serious matters to Crown Counsel for prosecution. Making, 1987 (Liquor Control and Licensing Branch) concerns we need to focus on. The Commissioner has the power to order a public WCB System Study, 1987 Because C7'S is basically a complaint tracking and inquiry on a matter affecting the public interest. Skytrain Report, 1987 (B.C. Transit; Municipal Affairs) Practitioner Number Study, 1987 (Medical Services statistical database, it has proven to be useful for others Congratulations to Mr. Morrison! Commission) besides the Ombudsman. My systems staff regularly B.C. Hydro's Collection of Residential Accounts, 1988 provide advice and support to many other national Pesticide Regulation in British Columbia, 1988 Investigation into the Licensing of the Knight Street Pub, and international organizations, implementing or 1988 (Labour and Consumer Affairs) modifying their specific cornplaint-type databases. Congratulations! Abortion Clinic Investigation, 1988 (Attorney General) In 1997 the newly established Children's Investigation into Complaints of Improper Interference in the Operation of the British Columbia Board of Parole, Cornnlission for BC purchased a copy of our Case he newly appointed David Lam Professor of Particularly with Respect of Decisions Relating to Juliet Tracker, since they believed it was the most cost- Law and Public Policy, Stephen Owen, was Belmas, 1988 effective method of implementing a case tracking Ombudsman for the province of BC from Aquac~~ltureand the Administration of Coastal Resources 7- in British Columbia, 1988 (Crown Lands) system for their service. My staff were assigned to the 1986 to 1992, immediately preceding the incumbent, Police Complaint Process: The Fullerton Complaint, 1989 Children's Commission to assist in installing Case Dulcie McCallum. In his new position, Mr. Owen will (Matsqui Police) 'Fracker, modifying screens and reports and developing teach in global studies, law and public policy. He will Willingdon Youth Detention Centre, 1989 'She Septic System Permit Process, 1989 (Municipal some new fimctionality so it could be in operation also continue "action research," building on his Affairs, Recreation and Culture) within four weeks. They accomplished this on time previous activities with civil arid human rights The Regulation of AIC Ltd. and FIC Ltd. by the B.C. antl below budget for the Children's Commission. organizations. Superintendent of Brokers (The Principal Group Investigation) An Investigation into Allegations of Administrative Favouritism by the Ministry of Forests to Doman Industries Ltd., 1989 Sustut-Iakla Forest Licences, 1990 (Forests) Public Services to Children, Youth and their Parnilies in British Columbia, 1990 rowth in t ce Graduates of Foreign Medical Schools: Complaint of Discrimination in B.C. Intern Selection Process, 1991 (Health) Public Response to Request for Suggestions for Legislative Change to Frrtnily rrnci Child Service Act, 1991 (Social Services and Housing) Public Services for Adult Dependent Persons, 1991 (Social Services anti Housing) Access to Information and Privacy, 1991 The Administration of the I~esideritirilTenmcy Act, 1991 (Residential Tenancy Branch) The Sale of Promissory Notes in British Columbia by Principal Group Lttl., 1991 A Cornplaint 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 (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, 1994 Building Respect: A Review of Youth Custody Centres in British Columbia, 1994 (Attorney General) Fair Schools, 1995 (Education) Getting There: A Review of the Implementation of the Report of the Gove Inquiry into Child Protection, March 1998 1991192 1992193 1993194 1994195 1995196 1996197 1997198

Anlhorired expenditures Actual expenditures Number of staff I. Advocacy for Children and Youth in British Columbia, 1993 2. Children Should be Seen mtl Heard, 1994

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