Ombudsman of Ontario - Press Releases

Quebec ombudsman recommends creation of special investigations unit

16 Feb 2010 17:00:00 EST

The Quebec Ombudsman, Raymonde Saint-Germain, today recommended that her province create an independent, civilian-led special investigations unit to investigate serious incidents involving police. The new unit would be modelled in part on Ontario’s Special Investigations Unit (SIU), the only such body in Canada to date. Ms. Saint-Germain’s report includes several references to Ontario Ombudsman André Marin’s 2008 investigation into the SIU, which recommended it be tougher and more transparent.

View the Quebec Ombudsman’s report summary:

The Québec Investigative Procedure for Incidents Involving Police Officers: For a Credible, Transparent, and Impartial Process That Inspires Confidence and Respect

View the Ontario Ombudsman’s 2008 report and other related materials.

Ontario uncaps Avastin funding in wake of Ombudsman probe

29 Nov 2009 17:00:00 EST

TORONTO (November 29, 2009) – Ontario Ombudsman André Marin today welcomed the province’s announcement that it will uncap the funding of Avastin for colorectal cancer patients. Mr. Marin recommended that the “absurd and indefensible” cap be lifted two months ago in his report, A Vast Injustice.

“I’m pleased that the province has agreed to do the right thing for these patients,” said Mr. Marin, who met with Deb Matthews, the new Minister of Health and Long-Term Care, after her appointment in October to reiterate his recommendation to lift the cap. “Of all the provinces that fund Avastin, Ontario has now gone from being the worst to one of the first.”

An investigation conducted by the Special Ombudsman Response Team (SORT) revealed that Ontario was the only province that arbitrarily cut off Avastin funding after 16 cycles, regardless of patients’ progress, and contrary to standard medical practice. Patients who had arrested their tumour growth with Avastin were forced to find their own way to pay for it after 16 cycles, or await their fate.

As of today, the province will cover the cost of the drug up to 24 cycles for patients whose disease has not progressed – and may extend it further if advised by a patient’s doctor.

Mr. Marin noted that when his report was first released, the Ministry was embroiled in the e-Health controversy. “At the time, the Ministry was in a chaotic state. I went back at the issue once cooler heads prevailed.” It’s the first time the Ombudsman has “rejected” the province’s response to his recommendations and asked it to reconsider, he said.

“I was confident that if the Ministry leadership gave the report due consideration, they would see that the old policy was unfair and unsupported by science. Money was never the issue – a fresh set of eyes was all that was needed to see that the case for helping these vulnerable patients was clear,” he said.

The investigation is the 22^nd conducted by SORT since Mr. Marin’s appointment in 2005. The vast majority of the Ombudsman’s recommendations in such cases have been implemented, including reforms to newborn screening, property tax assessment and the lottery system.

A Vast Injustice and other related materials can be found at www.ombudsman.on.ca.

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For more information, please contact
Linda Williamson, Director of Communications
416-586-3426
lwilliamson@ombudsman.on.ca

Ombudsman Releases New Edition of Guide to Province's Sunshine Law

16 Oct 2009 17:00:00 EST

TORONTO (October 16, 2009) – Ontario Ombudsman Andre Marin yesterday officially presented the new edition of his office's guide to open municipal meetings in Ontario – The Sunshine Law Handbook – to Mayor Mike Bradley of Sarnia. The Ombudsman's Office will distribute the guide free of charge to every mayor and municipal councillor across the province.

"We've come a long way in Ontario since the new open meetings complaints system came in almost two years ago," said Mr. Marin. "Municipal politicians and the public have always known that open meetings are important, but the Sunshine Law has brought new life to this important aspect of local democracy. Our handbook is a helpful resource for anyone interested in how the law works, in theory and practice."

Since Jan. 1, 2008, changes to the Municipal Act have enabled members of the public to complain about municipal council and committee meetings held behind closed doors. The Ombudsman is the investigator for such complaints, except in municipalities that have appointed their own investigators. His office established an Open Meetings Law Enforcement Team (OMLET) that has handled about 150 complaints and inquiries about closed meetings to date, including 8 investigations.

The second edition of the Handbook – the first was published last year – reflects the findings of those investigations as well as interpretations of the law and municipal best practices that have emerged since the law first came into force. The pocket-sized guide includes frequently asked questions, tips for municipal officials and would-be complainants, and excerpts from relevant legislation for handy reference. It is also available to the public and can be found under "Publications" at www.ombudsman.on.ca.

"A lot has happened since January '08," Mr. Marin said. "When this law first came in, a lot of mayors and councillors were concerned they would be deluged with frivolous complaints and their work would be hampered by onerous investigations. But our experience has been that – with a few exceptions – most municipalities are keen to respect the law and embrace openness. A lot of fear and misinformation has been dispelled, but there is still work to do to raise awareness of the importance of open meetings."

Mayor Bradley has been a strong supporter of "sunshine" legislation and government transparency for many years. "I want to acknowledge the Ombudsman's role and would urge all municipalities to understand that openness is good government," he said. "I would also like to see the Ontario government put penalties, apart from embarrassment, in place for those who violate the open meetings provisions of the Act."
At present, the Ombudsman is the investigator for 188 municipalities across Ontario and has issued 7 reports on his investigations, all of which are available on the Ombudsman's website. The Ombudsman's services are free of charge to complainants and municipalities; however, about half of the province's municipalities have chosen to hire and pay for their own investigators.

The presentation was part of "Good Governance Week" – a national celebration recognized by the Ontario legislature and others across the country October 12-16 to mark the 200th anniversary of the establishment of the first parliamentary ombudsman in Sweden in 1809 and raise awareness of the contributions that ombudsmen make to good governance, fairness and accountability.

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Aussi disponible en français

For further information, please contact:

Linda Williamson
Director of Communications
Tel: 416-586-3426
lwilliamson@ombudsman.on.ca

Elena Yunusov
Communications Officer
Tel: 416-586-3521
eyunusov@ombudsman.on.ca

Sara McMillen
Communications Officer
Tel: 416-646-8008
smcmillen@ombudsman.on.ca

Media Advisory: Ontario Ombudsman Andre Marin to Address Economic Club of Canada on Accountability of Ontario Agencies

14 Oct 2009 17:00:00 EST

TORONTO (October 14, 2009) – Ontario Ombudsman Andre Marin has been invited by the Economic Club of Canada to deliver a speech on "The ABCs of Rebuilding Public Trust: Restoring Accountability to Ontario's Agencies."

When: Thursday, October 15, 11:45 a.m.-1:30 p.m.
Where: Marriott Eaton Centre

In the wake of spending scandals at e-Health, OLG and other agencies, Mr. Marin will address how problems start in government bodies and the challenges faced by government in restoring public trust when they go awry. As the province's ombudsman, Mr. Marin's investigations have sparked widespread reforms, from the lottery system to property assessment to newborn screening, affecting millions of Ontarians.

His speech is the central event of "Good Governance Week" in Ontario – part of a nationwide celebration Oct. 12-16 to raise the awareness of the role of ombudsmen, in commemoration of the 200th anniversary of the first parliamentary ombudsman, established in Sweden in 1809.

His speech is the central event of "Good Governance Week" in Ontario – part of a nationwide celebration Oct. 12-16 to raise the awareness of the role of ombudsmen, in commemoration of the 200th anniversary of the first parliamentary ombudsman, established in Sweden in 1809.

For ticket purchase and registration information, click here.

Aussi disponible en francais.
For more information, please contact

Linda Williamson
Director of Communications
416-586-3426
lwilliamson@ombudsman.on.ca

Elena Yunusov
Communications Officer
416-586-3521
eyunusov@ombudsman.on.ca

Sara McMillen
Communications Officer
416-646-8008
smcmillen@ombudsman.on.ca

Statement by Ontario Ombudsman André Marin on Avastin funding

01 Oct 2009 17:00:00 EST

TORONTO (October 1, 2009) – Yesterday, I issued A Vast Injustice, a report on my investigation into the Ministry of Health and Long-Term Care’s decision-making concerning the funding of Avastin for colorectal cancer patients. The basic premise of my report is that although the Ministry is entitled to consider cost in deciding whether to fund a cancer drug such as Avastin, any limit on the duration of funding should be supported by sound medical evidence.

My investigation determined that the Ministry’s decision to cap funding of Avastin at 16 treatment cycles – regardless of whether or not patients continue to benefit from the drug – was dictated by cost concerns and was, in fact, contrary to the accepted standard of medical care in this province. I consequently made a number of recommendations, including that funding for Avastin be extended beyond 16 cycles where medically appropriate.

The Minister has recently been quoted in the media and the Legislative Assembly as having made a number of comments about the content of my report, which may cause some confusion regarding my findings.

I am issuing this statement to address some of the information that has appeared publicly in order to set the record straight.

1. It has been suggested that the Ministry’s decision to place a hard cap on Avastin funding was based on the recommendation of the Committee to Evaluate Drugs, which includes representation by medical experts as well as other professionals and two patient members.

The Committee to Evaluate Drugs’ involvement with the decision-making relating to Avastin’s funding is detailed in paragraphs 41-45 of my report.

On December 12, 2005, Cancer Care Ontario’s Gastrointestinal Disease Site Group, composed of approximately 30 oncologists with expertise in the clinical treatment of colorectal cancer, developed guidelines based on clinical evidence, which included the recommendation that Avastin be used together with other chemotherapy for the first-line treatment of patients with advanced colorectal cancer until progression of the disease. The guidelines do not suggest that a cap be placed on treatment.

On December 14, 2005, a subcommittee composed of Cancer Care Ontario officials and members of the Drug Quality and Therapeutics Committee (now known as the Committee to Evaluate Drugs) recommended that the Ministry fund Avastin for first-line metastatic colorectal cancer patients until progression of the disease.

On January 11, 2006, the Drug Quality and Therapeutics Committee considered whether to recommend that Ontario fund Avastin. The committee did not consider that Avastin represented good value for money in comparison to other drugs and voted not to recommend that the Ministry fund it. The committee did not address the possibility of a funding cap. The Ministry accepted the committee’s recommendation.

There is no record of the Ministry ever consulting the Committee again regarding funding of Avastin for colorectal cancer patients.

At paragraph 53 of my report, it is noted that Cancer Care Ontario officials made a presentation to the Ministry in April 2008 in which funding of Avastin was addressed. One of the recommendations was that the Ministry fund the drug. However, again there was no suggestion that the Ministry should limit funding to 16 treatment cycles.

Paragraphs 56-61 of my report document that it was the Ministry that specifically obtained information about the cost of funding Avastin to various points, and determined that 16 cycles of treatment would be sufficient to meet the needs of the majority of patients.

2. It has also been reported that the Ministry made its decision to limit funding of Avastin to 16 cycles based on the results of clinical studies.

At paragraph 81 of my report, it is noted that all of the clinical trials relating to Avastin involved treating patients until progression of the disease (i.e., until it fails to impede the growth of tumours). Patient responses to the drug vary. For instance, the median duration of treatment in one clinical study was 17 cycles, meaning that half of the patients in the trial needed less than 17 cycles and half needed more. There was no suggestion in the studies that treatment with Avastin should stop before 17 cycles; only that it be stopped at whatever point individual patients experience a progression of their disease.

Paragraphs 67-78 of my report detail the information we received concerning the justification for the 16-cycle treatment cap. Oncologists we interviewed indicated that they did not understand the reason for the cutoff. Even some Ministry officials acknowledged that there was no clinical support for the cap and confirmed that the decision to limit funding was purely financial. Cancer Care Ontario’s Gastrointestinal Disease Site Group guidelines as well as other provincial and international guidelines continue to recommend Avastin be used until disease progression. This is also the recommendation of the drug’s manufacturer.

The Ministry was given an opportunity to respond to my preliminary report, and its formal response is appended to my final report. The Ministry did not dispute the facts as they appear in the paragraphs I have referred to.

3. It has been reported that patients may apply through the compassionate review policy for consideration of extension of funding with Avastin.

The Ministry first made the suggestion that patients could use the compassionate review policy, while it worked on a new, specific policy for oncology products, in response to my preliminary report. The Ministry’s response is appended to the report as well as discussed at paragraphs 123-137.

However, based on information provided by the Ministry concerning how its current policy would apply to patients seeking funding for Avastin, including a prominent oncologist with whom we consulted, I concluded that the compassionate review policy would still not provide any realistic relief for patients. To qualify for consideration of extension of funding, they would have to have tried other treatment alternatives that had failed or substantiate that no other funded regimen could be considered, for instance, for reasons of contraindication or intolerance. This is impractical for those receiving Avastin treatment, since it is a first-line treatment used before other alternatives.

4. It has been suggested that my report and recommendations in support of removing the 16-cycle hard cap on treatment were based on anecdotal and emotional evidence over clinical and medical evidence.

My report does document the stories of individual cancer patients and their struggles to continue to obtain funding for Avastin on the advice of their oncologists. However, my report clearly documents that my findings, conclusions and recommendations are based on information obtained from a variety of sources, including clinical studies, the evidence of medical specialists from Ontario and other jurisdictions, as well as documentary and oral evidence from Ministry officials.

– André Marin, Ombudsman of Ontario
October 1, 2009

The report A Vast Injustice and related materials may be viewed here:
http://bit.ly/3dfQ8n

The Ombudsman’s press conference on the report is available at:
http://www.youtube.com/user/OntarioOmbudsman

For more information, please contact:

Linda Williamson
Director of Communications
Tel: 416-586-3426
lwilliamson@ombudsman.on.ca

Elena Yunusov
Communications Officer
Tel: 416-586-3521
eyunusov@ombudsman.on.ca

Sara McMillen
Communications Officer
Tel: 416-646-8008
smcmillen@ombudsman.on.ca

Ministry decision to restrict cancer drug “verges on cruelty” - Ombudsman finds cap on Avastin funding unreasonable and wrong

30 Sep 2009 17:00:00 EST

TORONTO (September 30, 2009) – The Ontario government’s funding cutoff for patients taking the cancer drug Avastin is unreasonable, wrong and “verges on cruelty,” Ontario Ombudsman André Marin’s latest investigation has found.

Mr. Marin’s report, A Vast Injustice – released today – details the stories of several colorectal cancer patients who were forced to pay for Avastin out of their own pockets or forgo treatment after they reached the “arbitrary” limit of 16 cycles of life-prolonging treatment (about eight months). The Ombudsman found that the Ministry of Health and Long-Term Care’s decision to impose the cap, regardless of how patients respond to the treatment, was not supported by medical evidence.

“The funding limit flies in the face of the acceptable standard of oncology practice in this province and beyond,” Mr. Marin says in the report. “Regrettably, this situation verges on cruelty for those already afflicted by this unrelenting illness. In the case of Avastin, it is impossible to justify the human price exacted by the current administration’s inflexible and dispassionate application of the funding limit.”

Ontario is the only province of the seven that fund Avastin to have a hard cap on the number of publicly funded treatment cycles. Despite this, the Ombudsman’s investigation also found that the Ministry could not confirm how many patients in Ontario were receiving Avastin or how much it had spent. As well, the Ministry’s communications about the funding limit at times were “blatantly misleading,” Mr. Marin said.

Government policy-makers have the right to decide that a drug is simply too expensive to fund, the Ombudsman noted. But once the decision for funding is made, any move to cap funding must take patient progress into account. “While Ministry officials thought that they had reached an acceptable balance, they failed to adequately factor in the human element and the moral obligations of the medical community,” he said.

The Ombudsman called on the government to lift the funding cap and pay for treatment on a case-by-case basis for patients who continue to do well on Avastin. He also recommended that the Ministry compensate patients who have spent thousands of dollars to continue their Avastin therapy.

The Ministry did not agree to these recommendations, but did agree to work with Cancer Care Ontario to develop a new compassionate review policy for cancer drugs. It also suggested that patients apply under the current compassionate review policy to have their funding extended – a response the Ombudsman criticized as providing no immediate or concrete solution for patients now in need.

“This is a matter of urgency for metastatic colorectal cancer sufferers,” Mr. Marin said. “I do not believe that Ontarians, for the sake of cost containment, should be left to pay for treatment with Avastin out of their own pockets or abandon a treatment that is working and that specialists consistently agree should be continued until disease progression.”

The Ombudsman will continue to monitor the Ministry’s actions as it reports back to him every six months on its progress in dealing with this issue. A Vast Injustice is the 22nd investigation completed by the Special Ombudsman Response Team (SORT) since it was created in 2005 to probe significant systemic issues. SORT investigations have sparked broad reforms to numerous government agencies and programs, including newborn screening, property assessment, compensation of crime victims and the lottery system.

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Full report and backgrounders available at www.ombudsman.on.ca
Video of Mr. Marin’s conference will be posted on the website and YouTube

For further information, please contact:

Linda Williamson
Director of Communications
Tel: 416-586-3426
lwilliamson@ombudsman.on.ca

Elena Yunusov
Communications Officer
Tel: 416-586-3521
eyunusov@ombudsman.on.ca

Sara McMillen
Communications Officer
Tel: 416-646-8008
smcmillen@ombudsman.on.ca

Ombudsman applauds restrictions on lottery ticket retailer play

14 Sep 2009 17:00:00 EST

TORONTO (September 14, 2009) – Ontario Ombudsman André Marin today welcomed the announcement by the provincial government and the Ontario Lottery and Gaming Corporation (OLG) that will ban retailers from buying lottery tickets in their own stores as of Nov. 3.

The move comes after Mr. Marin warned the OLG in February that he was considering recommending such a ban if it did not take steps to manage the “itchy fingers” of some retailers. At that time, an OLG audit revealed that “insiders” (retailers and employees) had won $198 million in lottery prizes in the past 13 years – almost double what had been originally estimated.

“There’s a point where enough is enough,” Mr. Marin said, noting that policing retailers had become “a growth industry,” costing millions in public funds. “The OLG’s business is to provide a trustworthy system for citizens to play the lotteries and to bring in revenues for our hospitals, schools and communities.”

The limited ban is “an inexpensive and practical solution” to the insider win problem that will make Ontario’s lottery security system the most stringent in Canada, the Ombudsman added. “After we nudged the OLG forward on this issue, the government stepped in and made the right decision – I congratulate them for that.”

The Ombudsman launched an investigation into the OLG’s protection of the public from theft and fraud in October 2006 in the wake of news reports indicating retailers were winning more than their fair share of lottery prizes. The investigation sparked major reforms, he noted.

“When we first investigated the OLG, the corporate culture was ‘hold your nose and give the fraudster the cheque.’ They didn’t know how many retailers there were or how much they were winning. Lotteries weren’t regulated and players who suspected fraud were brushed off with ‘buyer beware,’” he said.

“But today, all of my recommendations have been implemented – and then some. Now you have to sign your ticket, you can check it yourself to see if you won, lotteries are regulated, retailers are registered and subject to a code of conduct, and insider wins are investigated. The OLG has come a long way.”

At the time of the Ombudsman’s investigation, no other government-run lottery banned its retailers from playing. A similar investigation by the B.C. Ombudsman later in 2007 prompted that province to implement a ban on retailers playing in their own stores, but Ontario’s new rules will apparently be stricter, with stiffer penalties and no prize payouts for retailers who break them, the Ombudsman noted.

The case has attracted worldwide attention and sparked investigations in several other jurisdictions in Canada and the U.S., where similar “insider win” problems have also been revealed.

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Aussi disponible en français

For further information, please contact:

Linda Williamson
Director of Communications
Tel: 416-586-3426
lwilliamson@ombudsman.on.ca

Elena Yunusov
Communications Officer
Tel: 416-586-3521
eyunusov@ombudsman.on.ca

Sara McMillen
Communications Officer
Tel: 416-646-8008
smcmillen@ombudsman.on.ca

Ombudsman now has the power to investigate Cambridge Memorial Hospital

04 Sep 2009 17:00:00 EST

TORONTO (September 4, 2009) – Ontario Ombudsman André Marin now has the jurisdiction to investigate complaints about Cambridge Memorial Hospital, following the provincial government’s appointment of a supervisor for the institution.

As announced by Health and Long-Term Care Minister David Caplan, Mr. Murray Martin has been appointed as the hospital’s supervisor, reporting directly to the Minister.

While normally the Ombudsman does not have jurisdiction over hospitals in Ontario, that changes when the government takes direct control, since the Ombudsman does have jurisdiction over the Ministry of Health and Long-Term Care.

Ontario is the only province in Canada whose Ombudsman does not have a mandate to oversee hospitals or long-term care homes. Despite this, the Ombudsman’s office receives many serious complaints about these facilities every year that cannot be investigated. A total of 532 complaints about hospitals and long-term care facilities were received in fiscal 2008-2009.

Complaints about Cambridge Memorial Hospital or any provincial government service or agency may be made to the Ombudsman’s Office at 1-800-263-1830, or via the online complaint form available at /en/make-a-complaint/complaint-form.aspx.

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Aussi disponible en français

For further information, contact:

Linda Williamson
Director of Communications
Tel: 416-586-3426
lwilliamson@ombudsman.on.ca

Elena Yunusov
Communications Officer
Tel: 416-586-3521
eyunusov@ombudsman.on.ca

Sara McMillen
Communications Officer
Tel: 416-646-8008
smcmillen@ombudsman.on.ca

Ontario Ombudsman urges stricter controls on colleges: Cambrian left students unqualified; Ministry “abdicated responsibility”

25 Aug 2009 17:00:00 EST

TORONTO (August 25, 2009) – Ontario Ombudsman André Marin today issued a strong back-to-school warning to the provincial government to keep a closer eye on colleges, to ensure students are getting the education they pay for.

“Ontarians are entitled to expect more of their institutions,” Mr. Marin says in Too Cool For School Too, his second report in as many months involving Ontario’s Ministry of Training, Colleges and Universities. “Students should be entitled to look to the Ministry to ensure that their interests as education consumers are protected. However, if what occurred with Cambrian College is typical, it is clear that the Ministry’s oversight offers little comfort.”

The Ombudsman recommended that Cambrian College, based in Sudbury, compensate students who attended its two-year Health Information Management program, only to discover they were unqualified for the lucrative jobs the college had touted. Unlike similar programs at other Ontario colleges, Cambrian’s was never recognized by the national association that controls entry into the profession. As a result, the students could not write the certification exam or secure the kind of work in the hospital records sector that Cambrian showcased in its recruitment literature.

The Ombudsman’s investigation, conducted by the Special Ombudsman Response Team (SORT), was launched last year after 13 of the program’s students complained, many saying they had wasted two years and thousands of dollars on a worthless education. The Ombudsman found Cambrian’s conduct toward the “unsuspecting students” was unreasonable, unjust and wrong. “Cambrian College has consistently denied any responsibility for the plight of its graduates,” Mr. Marin notes in the report.

In its final response to the Ombudsman, Cambrian said it disagreed with his recommendation for compensation, but would contact affected students “to determine ways to find further resolution to their concerns.” It has apparently begun approaching students since the completion of the Ombudsman’s report.

As for the Ministry, it has “abdicated any responsibility to ensure that a college actually delivers a program,” Mr. Marin found. In the Cambrian case, it “opened the purse strings and shelled out the cash without taking any steps to ensure that the college followed through .... In the end, it was the students and graduates of the program who suffered.”

While the Ministry denied there were any systemic problems in its monitoring of colleges, it stressed it was committed to greater accountability and revised its policy directive with regard to colleges’ responsibilities in marketing programs. The Ombudsman called this response disappointing.

“I continue to believe that in order to protect Ontario’s students, and at the same time, ensure value for money for Ontario’s taxpayers, greater Ministry oversight is necessary in this area,” he said, noting he will continue to monitor the Ministry’s actions.

Too Cool For School Too follows the Ombudsman’s July 2009 report, Too Cool For School, in which he called on the government to keep closer watch on private career colleges. The title of both reports refers to an arrogant attitude expressed by college operators. In the first case, the Ministry allowed the private career college Bestech Academy to operate illegally for two years in the Hamilton-Niagara area before it abruptly shut down, leaving students inadequately trained and out of pocket.

The Ministry refused to compensate the Bestech students, but committed to making other improvements and to reporting regularly to the Ombudsman on its progress.

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Full report and backgrounders available at www.ombudsman.on.ca
Video of Mr. Marin’s conference will be on the website and YouTube later today.

For further information or to arrange media interviews with Mr. Marin, please contact:

Linda Williamson
Director of Communications
Tel: 416-586-3426
lwilliamson@ombudsman.on.ca

Elena Yunusov
Communications Officer
Tel: 416-586-3521
eyunusov@ombudsman.on.ca

Sara McMillen
Communications Officer
Tel: 416-646-8008
smcmillen@ombudsman.on.ca

Ontario Ombudsman comments on province’s PET scan announcement

23 Jul 2009 17:00:00 EST

TORONTO (July 23, 2009) – Ontario Ombudsman André Marin today welcomed the government’s announcement that it will make positron emission tomography (PET) scanning a publicly insured health service for some cancer and cardiac patients.

The announcement is based in part on the Ombudsman’s advice, following his investigation into the government’s PET scan program evaluation process.

Mr. Marin launched his investigation in September 2007 after receiving numerous complaints from doctors and patients that the evaluation had gone on too long and Ontario was lagging behind other provinces in the provision of publicly funded PET scans. It has been seven years since the government decided to conduct clinical trials to determine whether it should fund PET scans for specific indications.

The investigation was conducted by the Special Ombudsman Response Team (SORT) and involved in-depth research into PET scan technology, the accessibility of PET scans in other provinces and interviews with about 50 physicians as well as patients and other stakeholders. It was completed in December 2008.

At that time, the Ombudsman provided a copy of his preliminary report to the Deputy Minister of Health and Long-Term Care for a response, as required under the Ombudsman Act. After a number of meetings with senior Ministry officials, the Ombudsman determined that the issue could be resolved without need for a published report.

“Our investigation determined that this is a very complex issue, nowhere near as black-and-white as it is sometimes made out to be,” Mr. Marin said. “It quickly became clear to us why the evaluation process had taken so long. However, that was no justification for not taking action, which we urged the Ministry to do. I recommended that PET scans be expedited for those patients who already qualified for them under the cancer and cardiac registries. I’m gratified that the Ministry has taken my advice and finally moved forward.”

The announcement notes that PET scans will be available for cancer and cardiac patients under specific conditions where they have proven to be clinically effective. Patients with conditions that are not covered may still be eligible for PET through the PET Access Program. The Ministry has assured the Ombudsman that requests through the PET Access Program will be processed in a timely manner.

“As a result of our recommendations, physicians will now be made aware of the avenues available to get approval to have patients who are not covered under the new regulations provided with PET scans,” Mr. Marin said. “That is a safety net that should catch those who fall through the cracks of today’s announcement. This existed before, but the Ministry did very little to let doctors know about it until several years into the evaluations. The Ministry has indicated that future technology assessments will be more open and transparent, which is encouraging. I’m convinced that this resolution is a much-needed step forward by the government that will benefit many people in need.”

While it is relatively unusual for the Ombudsman to choose not to publish a report, he has chosen this course a number of times in recent years. In 2007, a cancer patient was reimbursed $76,000 in medical costs and the province’s out-of-country program was overhauled in the wake of an Ombudsman investigation, without need for a published report. That same year, mental health services for the children of Ontario-based soldiers were increased by the province after the Ombudsman’s investigation quickly resolved the issue, also without a published report. The Ombudsman also resolves thousands of individual complaints every year.

Mr. Marin noted that, as with all SORT investigations, his team will continue to monitor the province’s progress on the PET scan issue, with the potential to re-investigate if evidence warrants.
“I also recommended to the Ministry that it establish a process so that when the next new technology comes along, it will be assessed as quickly as possible. Bearing in mind what they can mean to people with life-threatening conditions, these kinds of assessments should be properly researched, planned and implemented – and the Ministry should be accountable throughout.”

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For further information, please contact:

Sara McMillen
Communications Officer
Tel: 416-646-8008
smcmillen@ombudsman.on.ca

or

Elena Yunusov
Communications Officer
Tel: 416-586-3521
eyunusov@ombudsman.on.ca

Ontario Ombudsman calls on government to better protect students: Ministry incompetence led to private career college “disaster”

14 Jul 2009 17:00:00 EST

TORONTO (July 14, 2009) – Ontario Ombudsman André Marin today urged the province’s Ministry of Training, Colleges and Universities to get tougher on unscrupulous private career colleges.

His latest special report, Too Cool For School, outlines the “unmitigated disaster” of Bestech Academy, an unregistered, illegal operation which the Ministry tolerated for more than two years – while actually paying for several students to attend classes there, and subsequently even hiring its president to work in the Ministry.

Bestech “was allowed to line its pockets with public funds while flouting the law,” Mr. Marin notes, adding that the Ministry’s “inattention, indifference and dereliction,” helped enable the college to prey on innocent students. Bestech operated campuses in Stoney Creek and St. Catharines, offering courses in gas technician technology before closing abruptly in October 2008, leaving students and staff out of pocket.

The case, investigated by the Special Ombudsman Response Team (SORT), revealed a systemic failure by the Ministry to ensure students are protected, Mr. Marin says, noting the issue is urgent because the present economic climate has increased demand for the type of training offered by private career colleges.

The Ministry has accepted all of the Ombudsman’s recommendations for improvements except one – his call for a compensation scheme for the students. “Unfortunately, the Ministry has shown itself to be a slave to its own system, and unwilling to think and act out of the box in order to do the right thing by these students,” Mr. Marin says.

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Full report and backgrounder available at www.ombudsman.on.ca
Video of Mr. Marin’s conference will be on the website and YouTube later today.
For further information or to arrange media interviews with Mr. Marin, please contact:

Linda Williamson
Director of Communications
Tel: 416-586-3426
lwilliamson@ombudsman.on.ca

Elena Yunusov
Communications Officer
Tel: 416-586-3521
eyunusov@ombudsman.on.ca

Sara McMillen
Communications Officer
Tel: 416-646-8008
smcmillen@ombudsman.on.ca