In all fairness 2010 Annual Report of the Ombudsman

My message to all Yukoners

The Ombudsman concept is over 200 years old but remains confusing or misunderstood by many. While I would like to think that all Yukoners know about my office, the truth is, they don’t. If I could tell them just one thing it would be this: I have a vision for a Yukon in which standards Archbould

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of fairness exist in relationships between government and individuals, for the good of all For some Yukoners who did not return a voluntary survey, the consequences only became clear when they visited photo, their doctor or hospital, and found out they no longer had health care coverage. Yukoners. Simply put, my mission is to resolve YG disputes fairly between government and the individuals they serve. A voluntary survey – with consequences That is the good news story that we have tried to deliver this year in an outreach program focused 2010 Investigation: on building relationships with Yukoners who assist other Yukoners. A community visit to Dawson City Health and Social Services and Case Summaries The best way to shed light on our work is to give examples Yukon Bureau of Statistics put us in touch with local non-profit organizations, of the work we’ve done in 2010. While some cases were resolved early, others schools, businesses and health care providers. required full investigations. Together, they demonstrate the kinds of results Jack was one of about 5,000 Presentations at a Rotary Club got the word out we can achieve—not just for individuals, but for the good of all Yukoners. to the many men and women who serve our Yukoners who received a The names of the individuals have been changed to protect confidentiality. survey from the Yukon Bureau communities. Meetings with members of the Legislative Assembly ensured they had up-to-date of Statistics (YBS) in the spring Our investigation revealed that the Statistics Unfortunately, some individuals who didn’t information about our services and how we might of 2010. While the survey was Act does permit the Yukon government to return the survey did have their health care assist their constituents. voluntary, an accompanying undertake surveys jointly with departments. insurance coverage cancelled. They were In 2011 we will continue our work to raise However, this survey did not meet the legal not told about the cancellation. They would awareness about our vision and mission, about letter warned that health care requirements of the Act in two important only learn about it the next time they went the services we provide and the results we insurance coverage could be ways. First, the law requires that a data- to a doctor or the hospital for an insured can achieve for all Yukoners. We will reach out sharing agreement be in place between health care service. to groups that assist vulnerable people such cancelled for failing to return it. YBS and the department involved before We recommended that HSS immediately as youth, seniors or people with mental health The survey asked Jack to confirm or correct information collected by one department give written notice to anyone whose issues. More community visits, a new website information about his address and the can be shared with another. There was health coverage was cancelled for not and plain language materials are also planned. persons living in his home. The information no such agreement in place. Second, the returning the survey. People also needed The government plans to review the Ombudsman collected was to be shared with Health law requires that people who receive a to be told what was required to have their Act in 2011 and I look forward to participating in and Social Services Insured Health Care survey be told that they can object to their coverage restored. We recommended that process. Services (HSS). HSS wanted to update their personal information being shared with the that coverage be made retroactive to the records and confirm eligibility for health care department. This also was not done. cancellation date for those who could Currently the Ombudsman/Information and insurance coverage. Of real concern was the statement that show they were eligible. Privacy Commissioner position is authorized as one half-time job. This limitation makes it difficult Jack was worried — and confused. It looked health care insurance coverage could be Both recommendations were accepted to carry out the responsibilities of these positions like his health care coverage might be at risk cancelled for those people who did not by HSS. effectively. To ensure that Yukoners are well if he didn’t complete and return a voluntary return the survey. Cancellation of health served by the office, I will continue to urge the survey. Jack didn’t think this was fair so he care insurance is not an available penalty Both YBS and HSS committed to ensuring government to make the position full-time. came to our office. for failing to respond to a voluntary survey that future surveys meet all the legal according to the Statistics Act. requirements of the Statistics Act. Our office is staffed by three dedicated women who use their expertise and professionalism to assist me in finding solutions and fairness for Why does Yukon have an Ombudsman? Yukoners. For this, I thank them. 15th Annual Report Our mission is to provide an independent, impartial means by which complaints about It is my honour and privilege to offer the people of administrative decisions of Government of Yukon and its agencies can be heard and the Yukon this 15th, and my fourth, Annual Report of the Yukon Ombudsman. It has been sent to investigated with the goal of promoting fairness and accountability in public administration. the Honourable Ted Staffen, Speaker of the Yukon Legislative Assembly, who will present it to the Every day, government makes decisions complaints about Yukon government facts, evaluating evidence, and coming Assembly as required by the Ombudsman Act. that affect people’s lives, and when actions or decisions to see if they have to a conclusion. The office is a valuable people believe a government decision, been fair. If a complaint of unfairness resource for government and the public, process or relationship with them is substantiated, the Ombudsman may providing an avenue for resolving has been unfair, they can contact us. make recommendations to address the issues which might otherwise result in The Yukon Ombudsman investigates unfairness. The result is the complainant’s protracted and expensive disputes. concern is addressed The Ombudsman is an officer of the Tracy-Anne McPhee and a government Legislative Assembly but is independent Ombudsman department has made of government and political parties. The Information and Privacy Commissioner improvements to public Ombudsman is impartial; she is neither service. an advocate for a complainant nor a Our work is not about defender of government actions. Contact us toll-free 1-800-661-0408 ext. 8468 pointing fingers or All services of the Office of the laying blame. It is about Call 867-667-8468 Fax 867-667-8469 Ombudsman are free and confidential. listening, discovering Email [email protected] Online www.ombudsman.yk.ca Our team, from left to right: Address 201-211 Hawkins St. Tracy-Anne McPhee, Veronique Herry-Saint Onge, Susan Dennehy, , Yukon Y1A 1X3 Catherine Buckler Lyon, Danielle Noel garybremner.com Bridging a costly communication gap

2010 Early Resolution: for the income supplement dating back Health and Social Services three months to when the payments were stopped. HSS reinstated the income John is a senior citizen who supplement but refused to pay the was receiving an income previous three months. HSS told John that supplement from the Yukon Service Canada said he was not eligible for those months. government. One day it John checked with Service Canada several stopped and John had times and each time he was told that their great difficulty getting it records showed he was eligible for the iStockphoto started again. supplement for the months in question. A member of the tribunal wanted to be sure he was making the right decision after Roger’s John conveyed this information to HSS but hearing and phoned one of Roger’s relatives before making the decision. Each year John is required to file an income was unable to convince them that he was tax return in order to establish his continuing entitled to those payments. eligibility for the income supplement. Using Frustrated, John came to us for help. We the information in his tax return, the federal Just trying to help (but it didn’t) contacted Service Canada who confirmed government (Service Canada) notifies Yukon that John was eligible for the three months 2010 Investigation: Some time later, Roger learned about the Health and Social Services (HSS) of his Workers’ Compensation Appeal Tribunal in question. We then contacted HSS and conversation between the member and his eligibility for the income supplement. HSS determined steps had not been taken to relative. He contacted our office because then calculates the amount of the income Roger had made a compensa- verify the information with Service Canada. he thought it was unfair that he wasn’t told supplement and pays it each month to John. tion claim to the Yukon Workers’ about the conversation. We asked them to do so. John was late filing his income tax return. When they did, they found that the Compensation Health and We contacted the WCAT member. He Since HSS didn’t have confirmation that he information on their file was incorrect, and that Safety Board. When it was confirmed he had a telephone conversation was eligible for the income supplement, it John was in fact eligible for the three months with a relative after the hearing. The stopped the monthly payment. denied, he appealed the member indicated that he wanted to be of the income supplement. Once the When John did file his income tax return, decision to the Workers’ sure he was making the right decision information was corrected, HSS worked Service Canada determined he was eligible quickly to provide John with a cheque. Compensation Appeal Tribunal and thought this person might have some information that would help. (WCAT). After the hearing had The member didn’t realize that his concern concluded, but before a final to ‘get it right’ did not justify searching decision was made, a member outside of the hearing for evidence. We of the tribunal telephoned a pointed out that procedural fairness requires that decisions must be based only on the relative of Roger’s. evidence introduced during the hearing. By seeking evidence outside the hearing, The member told the other tribunal the member’s role as an impartial decision members of this conversation. But, he maker was compromised. did not tell Roger or his representative. Eventually, WCAT upheld the decision of the We recommended, and WCAT agreed, Board to deny compensation. to rehear the matter before a different appeal panel. What happened when the cheque photo

wasn’t in the mail YG The Wildlife Act sets a 12-month residency requirement for a hunting license because the seasonal 2010 Early Resolution: payment by the 15th. She was unable to get workforce was putting additional hunting pressure on locally stressed wildlife populations. Health and Social Services an explanation as to why the cheque was Based on the promise that not available as promised. Fair doesn’t always mean equal a cheque would be available 2010 Early Resolution: th We didn’t agree. Many government on the 15 of the month, What is fair? Environment programs benefit a particular group Joan made certain financial and are intended to do so. Differential The answers are found in Ed recently moved to the commitments that were due the Ombudsman Act. To treatment between residents and non- Yukon. He is an avid hunter residents is not, in itself, a problem. It is on the 15th. learn more visit us online at and was looking forward to the only improper or offensive if government applies discriminatory criteria which are Joan operates a licensed daycare. A licensed www.ombudsman.yk.ca opening of hunting season. daycare receives a financial grant called not necessary to meet the objectives of the Direct Operating Grant (DOG) from When he applied for a hunting the program. The residency requirement Health and Social Services (HSS). The grant for health care insurance, a driver’s license Concerned about the consequences of not license he learned that he amount depends on the number of children or a fishing license will be determined on meeting her financial commitment, she attending the daycare. Cheques are issued wasn’t considered a resident of different criteria than a hunting license. contacted our office for help. We contacted quarterly on the 15th of the month provided the Yukon for the purposes of Finance who advised that HSS had not We learned that the Wildlife Act sets the required paperwork is submitted to HSS provided the information required to issue a hunting license until he had a 12-month residency requirement for by the 5th. HSS then sends the information a cheque until late on the 15th, making it a hunting license. The Act is aimed at to the Department of Finance who issues lived here for 12 months. impossible to issue a cheque on that day. the conservation and management of a cheque to the daycare operator for the We talked to HSS who confirmed that Joan He could get a non-resident license but it wildlife and the regulation of hunting. The amount of the DOG. had provided the required information in cost more and had restrictions that don’t decision to require 12 months of residency Joan submitted the required paperwork to time. HSS confirmed it had not sent the apply to a resident hunter. He pointed out specifically addresses a concern that a HSS on time. On the 13th of the month she information to Finance in time for it to issue that he could get a driver’s license or fishing very significant seasonal workforce was confirmed with HSS the amount of the DOG a cheque on the 15th. We suggested and license immediately upon moving here putting additional hunting pressure on she would receive on the 15th. On the 15th HSS agreed to contact Joan’s creditor and and he was considered a resident by the locally stressed wildlife populations. We Joan went to pick up the cheque. Joan was explain that it was their error that resulted in health care insurance program after just were satisfied that the 12-month residency told that the cheque was not ready and she Joan being unable to meet her commitment three months. Ed did not take issue with a requirement was consistent with the wouldn’t get it for three or four days. Joan and confirm when Joan would receive residency requirement but he thought the program objective—the conservation and had done all that was necessary to ensure her cheque. 12-month requirement to get a resident management of wildlife populations and hunting license was discriminatory. was not discriminatory.

Statistics Budget Summary

Community Outreach 2010 The budget summary below covers Complaints the operations of the Office of the In 2010, we received 208 complaints. • Yukon College – Whitehorse and Dawson City • Rotary Club of Whitehorse Rendezvous Ombudsman and the Information and Of those, 86 were within the Ombudsman • Yukon Anti-poverty Coalition – • Dawson City Women’s Shelter Privacy Commissioner for the period from Act jurisdiction. 80 were within the Access Whitehorse Connects • Member of Parliament Offices – April 1, 2010 to March 31, 2011. to Information and Protection of Privacy • City of Whitehorse Whitehorse and Dawson City Act jurisdiction. We provided support and Category Expenditures •  Caucus, assistance on another 42 matters. • Dawson City Chamber of Commerce Personnel $408,000 Caucus, Yukon New Democratic Party • Robert Service School, Porter Creek High Office and Operations $119,000 Caucus; Independent MLA Office School, F.H. Collins High School; Supplies and Services $5,000 Vanier Catholic Secondary School • Golden Age Society Capital Items $5,000 Total $537,000