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1984 Annual Report

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1984 Annual Report British Columbia Cataloguing in Publication Data British Columbia. Office of the Ombudsman. Annual report of the Ombudsman to the Legislative Assembly of British Columbia. - 1981- Continues: Annual report of the Ombudsman to the Legis­ lature of British Columbia ISSN 0226-8930 ISSN 0713-2921 = Annual report of the Ombudsman to the Legislative Assembly of British Columbia 1. British Columbia. Office of the Ombudsman - Period­ icials. 2. Ombudsman - British Columbia - Periodicals. I. Title. JL429.5.04B74 354.711009'1 8 Bastion Square Legislative Assembly OMBUDSMAN Victoria Province of British Columbia British Columbia vaw 1H9 Telephone: (604) 387-5855 Zenith 2221 June, 1985 The Honourable K. Walter Davidson Speaker of the Legislative Assembly Parliament Buildings Victoria, British Columbia Mr. Speaker: I have the honour and duty to submit to you my Annual Report in accordance with section 30 (1) of the Ombudsman Act, R.S.B.C. 1979, c. 306. This Sixth Annual Report covers the period of January to December 1984. Respectfully yours, Karl A. Friedmann Ombudsman TABLE OF CONTENTS Part I - General Comments A. Administrative Justice in Review .. 3 1. Reflections on the Ombudsman's Mandate 3 2. Justice in Institutions 9 3. A Code of Administrative Justice 18 4. Litigation 30 B. Past and Present Issues .. 35 1. Update 35 a) Reports to Cabinet . 35 b) Special Reports submitted to the Legislative Assembly 36 c) Libby Reservoir Revisited 37 d) Corrupt Practices 39 2. Continuing Problems 40 a) Quo Vadis, W.C.B.? 40 b) The Boards of Review 44 C. The Third International Ombudsman Conference 45 D. Acknowledgements 46 Part II - Complaints: The Work of the Ombudsman Office in 1984 47 A. Complainants and Complaints . 47 B. Disposition of Jurisdictional Complaints 48 C. Impact on Official Procedures and Practices. 50 Part Ill - Comments on Ministries and Complaint Summaries 51 Agriculture and Food. 51 Transportation and Highways 122 Attorney General 52 Agricultural Land Commission 131 Consumer and Corporate Affairs 67 B.C. Assessment Authority 133 Education 71 B.C. Ferry Corporation 133 Energy, Mines and Petroleum Resources.. 72 B.C. Housing Management Commission 134 Environment.. 75 B.C. Hydro and Power Authority 135 Finance 78 B.C. Police Commission 138 Forests 81 Expo 86. 139 Health 87 Insurance Corporation of B.C. 140 Human Resources 96 Labour Relations Board 148 Labour 108 Superannuation Commission 148 Lands, Parks and Housing 114 Workers' Compensation Board 150 Municipal Affairs 119 Non-jurisdictional complaints 163 Provincial Secretary 121 Part IV - Changes in Practices and Procedures 167 Part V - Talk Back: Correspondence from Complainants and Others 175 Part VI - Tables 183 Table 1 - Profile of Complaints and Complainants 183 Table 2 - Percentage of Complaints by Regional District 185 Table 3 - Disposition of Complaints (Proclaimed Authorities) 186 Table 4 - Extent of Service - Unproclaimed Authorities 188 Table 5 - Extent of Service - Non-jurisdictional Authorities 188 Table 6 - Reasons for Discontinuing Investigations 189 Table 7 - Level of Impact- Jurisdictional 189 Tables Ba and 8b - Budget and Expenditure Information .. 190 GENERAL COMMENTS A. ADMINISTRATIVE JUSTICE IN REVIEW 1. REFLECTIONS ON THE OMBUDSMAN'S MANDATE The British Columbia Ombudsman Act was passed officials is to the citizen of our democratic society by the Legislative Assembly in 1977 and pro­ like oxygen is to the body. Without fairness and claimed in 1979. I have been both honoured and justice democracy cannot breathe and live. The fortunate in being chosen by the Assembly in 1979 system would lose the support of its members if to implement the legislation and to establish this injustice and unfairness were endemic and went new institution in the fabric of British Columbia uncorrected. In many respects I see the Om­ society. This report deals with the fifth full year of budsman as contributing with others to maintaining operation of the Ombudsman. It also causes me to our democratic system of government by ensuring reflect on the first five years of work as I near the end in individual cases that the system operates the way of my term of office. it should, on the basis of our democratic values. Five years is not very long in the life of a public Dr. I.E. Nebenzahl, Comptroller-General and Om­ institution. Yet the first years of an institution will budsman of Israel, pointed out in a speech to the always be of special significance. Many people will First International Ombudsman Conference: have different and conflicting ideas about the man­ date of the new Ombudsman office, its mode of "Today's Ombudsman is a profoundly demo­ operation and its place in political life. Differences cratic institution. With the right to complain, the of opinion must be expected, and some controversy individual citizen is given a means of directly is not in itself unproductive. I respond to the ideas of influencing the administration, more specifi­ the public and the Legislative Assembly in finding a cally and, in its own time and place, more course of action agreeable to most if not all. powerfully, than by casting his vote as one of many in an election. This element of direct de­ Being at the centre of the new institution, called mocracy may account for some of the appeal of upon to give it direction, I am hardly in a position to the Ombudsman idea. provide an objective analysis of either achieve­ ments or failures over the first five years. The follow­ But here again the citizen is not only interested ing "reflections," therefore, represent my subjec­ by what affects him personally. It is part of a good tive account. man's well-being and peace of mind to know that the society to which he belongs does justice to Justice and Fairness his fellow men also." Justice and fairness are social values central to dem­ I was often surprised at how important it is in prac­ ocratic societies, precious in fact to our hearts and tice to people in our society to be treated fairly, minds. Being treated fairly and justly by public correctly and justly by public officials. Even when 3 there is no material benefit at stake, British Colum­ being unsure, they seek the opinion of the Om­ bians seek and need confirmation about the rights budsman; most are ready to accept the Om­ and wrongs of the treatment they have received at budsman's reasoned decision that an authority the hands of public authorities. A small but signifi­ acted correctly and appropriately. Their trust and cant number of complainants are motivated by an confidence in public authority is then restored and altruistic desire to ensure that their fellow citizen their relationship with our institutions of govern­ not suffer from an inappropriate form of official ment is repaired. It does not always work that way. conduct they themselves had to endure. Even when an authority comes around to changing its decision affecting a particular complainant, he Many private societies and organizations interact may remain convinced that the authority meant to with public officials and authorities around their be unfair and would never have changed its ways special interest, be it the care of the mentally hand­ except for the Ombudsman's intervention. In my icapped, prisoners in the corrections system or pro­ communications with complainants, I give due fessional and marketplace organizations. In repre­ credit to officials who willingly, co-operatively, and senting their members, or caring for a particular frequently on their own, correct a wrong. But group of people, they act in an ombudsman-like sometimes that is not enough to undo the scep­ capacity when they intercede with authorities. Pro­ ticism of a complainant who suffered an injustice. fessional mediators, arbitrators and lawyers repre­ We must hope that time will do the healing. sent clients in dealings with authorities. I must emphasize consistency in government's Elected representatives at all levels of government treatment of the public. A citizen's lifetime ex­ traditionally have performed a similar role, being in posure to official contacts may leave accumulated a position of influence over policies to be adopted scars. Fairness and justice must be important and in their area of government. continuing concerns for all public officials, not Some complainants feel that the treatment they something that can be turned off or on with chang­ received from officials may not be correct, but ing political fashions. We need a continuing com- 4 mitment to these important, civilizing and emi­ fore receive a broad, purposive interpretation nently democratic values. As Ombudsman I can consistent with the unique role trre Ombudsman only remind officials of the need for a consistent is intended to fulfil." commitment to fairness. Everyone in public office must contribute to the justice commitment. The Ombudsman bill was approved by all Members of the Legislative Assembly. The only concerns ex­ pressed in debate dealt with the adequacy of the The Ombudsman Act powers given to the Ombudsman in terms of access to documents and ability to report findings. Mr. The then Attorney General, the Honourable Garde Alex Macdonald, M.L.A., in welcoming an appro­ Gardom, claimed during second reading debate of priate amendment to the Bill, stated: the Ombudsman Bill: "I think that we've been able "I think it's very important that the Legislature to produce the best bill of its kind in Canada." (77- should watch this very carefully; that the om­ 08-15, Hansard p. 4603). He also reported getting budsman, to be effective, must be able to divulge that kind of opinion after consulting other provin­ cial Ombudsmen: " ... in discussions with the and disclose and expose, just as a judge does when he hears a court case. He reveals the evi­ Ombudsmen throughout the country I think they dence and gives his reasons and conclusions.
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