Message from the ombudsman
As the first anniversary of my appointment as Ombudsman approaches, I think it is an appropriate time to take stock of what the Office accomplished in the past year. It has been a year that saw not only the arrival of a new Ombudsman, but new areas of jurisdiction for our oversight of the Ontario public sector – effectively doubling our mandate to include municipalities, universities and school boards.
As many of you know, the first step I took as Ombudsman was to oversee the development of Value, Mission, and Vision statements which defined what we stand for as an organization and what we are striving to achieve. With this milestone achieved, we are now working to finalize three- and five-year plans.
In the twelve months since my appointment, we went on to complete three complex systemic investigations and issue the resulting reports. In Nowhere to Turn, we made 60 recommendations calling for better supports and services for adults with developmental disabilities. In A Matter of Life and Death, we pointed to the need for better police training to deal with people in crisis and made 22 recommendations to address the problems we found. All 82 of our recommendations have been accepted and we are following up on their implementation.
We also recently completed our investigation into non-competitive procurement practices at the City of Brampton. While our investigation revealed no wrongdoing or maladministration, in Procuring Progress we took the opportunity to propose some best practices that would optimize accountability and transparency in Brampton’s procurement processes. I was also pleased to see Mayor Linda Jeffrey tweet that she supports one of my principal suggestions to appoint an Auditor General to improve financial processes in the city. This is a recommendation we feel is relevant to municipalities across the province, and would encourage them to consider taking this step.
In addition to our systemic reports, we made credible and authoritative submissions to the provincial government and its advisors, calling for an end to indefinite segregation in prisons and enhancements in police oversight that will give members of the public greater confidence in their safety and security.
And of course, we published our Annual Report in a new format which highlighted the great work our staff accomplished in all our areas of jurisdiction. We shared many of the compelling stories we dealt with over the course of the year and explained how we add value by helping get problems resolved as efficiently – and at the lowest level – as possible.
These accomplishments were realized despite the fact that we have still not reached our full staffing complement. The intensive work of recruiting and training new staff members is ongoing and continues to inject new energy into an already dynamic team. On another staffing note, it has also been a year since a new five-year collective agreement with unionized staff was ratified and implemented, just before I was sworn in.
Needless to say, our accomplishments over the past year have been the result of an incredible team effort. With the expansion to our oversight, and the need to grow our office, have come new challenges for everyone, from recruitment and training in new areas of jurisdiction, to building new relationships internally and externally. I am grateful for the energy and passion everyone in the office has devoted to the tasks at hand.
While we’re only halfway through the month, we’ve already been busy and have much more to come. We’ve planned many speaking engagements at which stakeholders want to hear updates on our recommendations as well as what we’re doing to improve the lives of Ontarians.
Earlier this month, many of our staff had the chance to take in a presentation from the Environmental Commissioner of Ontario, Dianne Saxe, about her recent report, Facing Climate Change. It was a sobering wake-up call on the state of our environment and how our action - or inaction - affects the future of each and every person in Ontario. The state of our environment is an important issue and we thank Commissioner Saxe for taking the time to educate us. I am committed to doing what we can to help her educate Ontarians about environmental issues.
Ombudsman staff have been active in the recruitment community as well, attending university legal career days to attract the best and brightest as we look to continue growing our office. Over the past few weeks, our staff have taken part in career fairs at Queen’s University, the University of Windsor, and the University of Ottawa, providing information about our office and about the kinds of creative and analytical minds we hope to hire. We’ll be at the University of Western Ontario’s Career Day on March 23, so please stop by and say hello.
Later this month, I’ll be sharing updates on the recommendations we made in Nowhere to Turn at a conference hosted by the Centre for Addiction and Mental Health at the launch of a new service to help adults with developmental disabilities transition into the community. Our senior staff will also be speaking at CUPE’s Social Service Workers Coordinating Committee conference on the same topic. These are significant opportunities to discuss our recommendations and our hope for improving supports in the developmental services sector, including the importance of breaking down barriers to support, and helping people access the care they need.
In early April, our staff will be at the National Business Improvement Area Association conference in Toronto, discussing the issues we’ve dealt with in municipalities and with local BIAs, and we have conferences and outreach engagements lined up right through to the end of the summer and beyond.
We need to continue to drive positive change and demonstrate our value to the people of Ontario. As an office that promotes accountability and administrative fairness, it is our duty to ensure we are achieving this in a constructive manner. We’ll continue developing and nurturing relationships with stakeholders, who are paramount to our success as an impartial oversight body. As I continue to hear from stakeholders across the public sector, collaboration is the best way to maximize progress. With the talented and energetic team we have, I am confident we will do just that.
To all those enjoying a well-deserved March Break, I wish you a safe and enjoyable time with your family and friends.
february 22, 2017
With the New Year well underway, we have hit a significant new milestone in our Office. We have now received more than 5,000 complaints related to our expanded oversight of municipalities, universities, and school boards. More than 90% of these cases have been closed.
The volume of complaints and the newness of these areas of jurisdiction underscore the need for continuous outreach and relationship building with stakeholders in order to get problems solved and influence positive change. In a typical month, representatives from our Office may be speaking to groups about policing, prisons, universities, school boards, municipalities, or any of the other 1,000 government or public sector bodies we oversee. February was no exception, as I was busy attending events with different stakeholder groups and building collaborative, productive relationships.
I was honoured to have been invited to speak at the Badge of Life Canada conference “Surviving Trauma and Building Resilience in the Workplace” in Toronto, where I met several first responders and some of the health care professionals dedicated to providing them support in dealing with occupational stress injuries. The contacts I made and the conversations I had at this event provided me a greater insight into how police officers, firefighters, paramedics, correctional officers, and even border agents are exposed to trauma and suffer occupational stress injuries as a result. I was grateful for the opportunity to speak about our role in mental health and policing, and more specifically about two of our Office’s systemic investigations related to policing in Ontario. Our 2012 report In the Line of Duty looked at how the OPP and the Ministry of Community Safety and Correctional Services addressed operational stress injuries affecting police officers. One of our most recent reports, A Matter of Life and Death, released this past June, looked at the direction provided to police by the Ministry of Community Safety and Correctional Services for de-escalating conflict situations. In both reports, we made recommendations spurring government change to training and education programs to improve services for active and/or retired Ontario police officers.
Earlier this month, I spoke to the Ontario Principals’ Council. This is an important stakeholder group in our new school board jurisdiction, and I was happy to provide attendees with an overview of the role and mandate of our Office and an update on complaint trends since our jurisdiction expanded to include school boards on September 1, 2015. There were excellent questions from participants about complaints related to special education, and about how we refer complainants to other oversight bodies, where appropriate. You can watch the video of my speech in full below. I also gave a presentation to the executive heads of the Council of Ontario Universities, explaining that the Ontario Ombudsman is an office of last resort and that we encourage all universities to bolster or put in place their own ombudsman or other complaint resolution office.
Closed Caption enabled
Ombudsman staff also recently attended the Rural Ontario Municipal Association annual conference in Toronto, where staff spoke to hundreds of municipal delegates about everything from how we resolve most municipal complaints informally to the role of local integrity commissioners. General Counsel Laura Pettigrew gave two sessions to participants about the role of the Ontario Ombudsman in handling municipal complaints and the importance of local complaint processes and policies. Her presentation offered some useful tips for municipalities when creating or reinforcing complaint procedures – read it here.
I also recently sat down with the Integrity Commissioner J. David Wake and his staff for a lunch and learn. We had a great discussion about best practices for handling complaints efficiently and effectively and the types of issues our respective offices encounter on a regular basis.
Our first systemic investigation into a municipality has been completed and our findings on the non-competitive procurement practices of the City of Brampton will be submitted later this month. We also continue to make progress on our systemic investigation into segregation practices in the province of Ontario - stay tuned for updates on this file in the coming weeks.
Looking to the month ahead, Ombudsman staff will be visiting law schools across the province to attend career day events. We are always on the look out for new talent to join our team, and information about different career opportunities can be found on our website.
Since Christmas, I have been taking advantage of a planned - but nonetheless welcome - lull in my travel obligations to sit in on the meetings of our Office’s various teams and become familiar with more of the casework being done at the operational level, and the issues being dealt with early in the resolution and investigation processes. I continue to be truly impressed with the level of intelligence, collaboration and teamwork in our office. These meetings are conducted in a supportive and collegial manner and in a democratic fashion with everyone having the opportunity to share their knowledge and concerns. What comes through in these discussions is the passion of our staff for fairness, accountability, and transparency as well as a commitment to drive positive change. In all my professional life, I have never seen such an inspiring group of people coming together in such a positive way.
Ombudsman Paul Dubé with Dr. Katy Kamkar, Clinical Psychologist at the Centre for Addiction and Mental Health (CAMH)and Medical Advisor to Board of Directors at Badge of Life Canada (BOLC).
I will end this message with another observation. If there is one theme that I am seeing run through all of our jurisdictions, it is the prevalence of mental health issues and their impact on our society. From policing and corrections, to municipalities and provincial departments, to social services and education – we see families, educators, employers, and civil servants facing the challenges posed by serving and supporting our fellow citizens with mental illness. That point was underscored by Dr. Catherine Zahn, President and CEO of Toronto’s Centre for Addiction and Mental Health this month at an event hosted by the Empire Club. While there is more awareness and somewhat less stigma since we have moved from an institutional model to a community-based approach, people with mental illness and developmental disabilities still wage a constant battle for health care and their human rights. We must continue to work towards breaking down barriers and do more to help these people access care and support.
To stay up to date with our office, subscribe to our newsletter, follow us on Twitter, like us on Facebook, and check our website for regular updates.
january 23, 2017
As we head into 2017, I would like to wish everyone a happy New Year. I hope that this year brings you health and fulfillment in everything you do.
At the end of December, we posted a retrospective summary of our top 10 stories of the year, such as our two systemic reports, our annual report, and our expanded mandate; you can read them all here. January 2017 also marks the one-year anniversary of our jurisdiction over municipalities and universities, which you can read more about here.
As busy and productive as the past year has been for our Office, we are looking forward to 2017 with much anticipation. This is the time of year when we set goals and establish priorities. Over the next few months, staff at our Office will continue with our regular external activities – such as outreach events, community and stakeholder fairs and conferences, and presentations to various groups – but our Office will also be focusing on internal projects.
To kick off the year, my team and I will be examining our Office’s efficiency with a view to improving our effectiveness. We’ll be reviewing many of our policies and procedures and updating them as necessary, as we continue to build appropriate and productive relationships with stakeholders. We will also look at ways to work more proactively with stakeholders in municipalities, universities and school boards, to develop best practice materials and continue to provide them with feedback on complaint trends and recurring issues.
We currently have three systemic investigations in progress. We launched our first formal municipal investigation, into the city of Brampton’s non-competitive procurement practices. Two other Special Ombudsman Response Team (S.O.R.T.) investigations are also underway – our first school board investigation, into the Toronto District School Board and Toronto Catholic District School Board’s busing issues, and an investigation into how the province of Ontario tracks and reviews the placement of inmates in solitary confinement. As our team brings these investigations to completion, we will continue assessing trends and prioritizing which issues to investigate next.
For our stakeholders and the public, we’ll be developing new and updated resources and communications products to support and complement our outreach and education initiatives, and better explain our processes and procedures. Explaining what we do and how we do it is a crucial element of our work with stakeholders. You can access our current resources – like brochures, posters, and videos - here.
While the year is just getting started, I already have several meetings scheduled with various stakeholders and groups, including the public sector bodies we oversee. These meetings, along with the information resources and communications products we provide, help our office build and foster the relationships that enhance our effectiveness as an agent of positive change.
Later this month, members of our staff will be attending the 2017 Rural Ontario Municipal Association Annual Conference to speak about the importance of complaint policies for municipalities. We’ll also discuss best practices for creating local complaint processes, and how municipalities can work together with our Office and with other accountability officers. I am pleased to see the co-operation we are receiving from so many municipalities that understand the value we can add to their efforts to optimize transparency and accountability.
I also have the opportunity to make several presentations in early February. I’ll be speaking at the Badge of Life Canada conference about our office’s role in spurring government change to help Ontario police officers in dealing with PTSD, and our recommendations to provide police with better de-escalation training for crisis situations. That same week, I’ll be presenting to the Ontario Principals’ Council at its annual general meeting, and then to the Council of Ontario Universities. The aim of these talks is to share how we work with these stakeholder groups to resolve issues.
I am also looking forward to continued, productive partnerships with ombudsman offices from across the country and around the world – especially those with expanding jurisdictions – as we develop standards and collaborate on best practices.
Of course, a key component to our plans for the upcoming year is the continued expansion of our team with the recruitment of passionate and talented individuals who will enable us to tackle more issues and solve more problems for the people of Ontario. Take a look at this video – it shows some of the work we do. If our work sounds like something that would interest you, you can see our current postings for career opportunities with our office here.
Finally, I saw an excellent example earlier this month of the value for organizations in embracing complaints as a valuable source of feedback. In an exemplary response to a service complaint, Tesla and SpaceX CEO Elon Musk acknowledged the complaint, admitted the problem, and took action to resolve the problem immediately. Mr. Musk had received a complaint from a Tesla owner on Twitter that some Tesla car owners were leaving their already-charged electric vehicles in the specialized charging docks for several hours, denying other Tesla owners access to the chargers. Seeing an opportunity, Mr. Musk responded to the man on Twitter and just six days later, Tesla introduced a fleet-wide update that would charge users an idle fee for unnecessarily occupying a charger. You can read the entire article here.
What Elon Musk has shown us, and what our office believes as well, is that complaints drive positive change. As Bill Gates once said, “Your most unhappy customers are your greatest source of learning.” Customer complaints are an organization's best source of feedback and information upon which to correct problems and build improvements. They should be embraced.
There are many ways to stay informed about the goings-on at our office. Subscribe to our newsletter, follow us on Twitter, like us on Facebook, and check our website for regular updates.
december 22, 2016
December is upon us, and with that, the end of 2016. I can hardly believe that it has been nine months since I took office in April – time really does fly when you are busy and loving what you do.
I see every day how busy everyone else in the office is as well. The dedication of management and staff to our Mission and Vision – and the passion with which everyone devotes themselves – is profoundly impressive and heartening. I am extremely proud of the team that we have and the work that we do.
We definitely could not have received and resolved thousands of complaints and requests for assistance, published two reports on significant systemic investigations and have all 82 recommendations accepted, produced two well-received submissions on segregation and police oversight, issued our Annual Report, conducted dozens of outreach events, launched new systemic investigations, held hundreds of meetings with stakeholders (all while recruiting and training the new talent we require to enhance our capacity to affect positive change) without tremendous efforts from everyone.
With the historic expansion of our mandate to municipalities, universities and school boards now in full effect, we’ve greatly increased our outreach activities to continue building meaningful, productive relationships with stakeholders. Many of us have been travelling frequently to engage and inform stakeholders and share the work that we’ve been undertaking. Wherever I go, I am constantly reminded of the strong reputation that the Office of the Ontario Ombudsman has within Ontario, across Canada, and throughout the international watchdog community.
For example, at last month’s 11th World Conference of the International Ombudsman Institute (IOI) in Bangkok, where I was invited to speak about our new jurisdiction, I had the chance to meet with fellow ombudsmen from Africa, Europe, Asia and the Caribbean to discuss issues surrounding multiple and expanding jurisdictions of ombudsman as well as share best practices. In the elections for a new IOI Board of Directors, I was honoured to be acclaimed as the new regional president for North America. I was also invited to meet with Japan’s ombudsman, known there as the Administrative Evaluation Bureau, in Tokyo, and to discuss best practices and common challenges we face in the oversight world.
Here at home, our office welcomed representatives from the parliament and national ombudsman of Georgia, with whom we discussed our role as a provincial oversight body and how we work to achieve positive change for stakeholders.
I announced earlier this month that we have launched a formal investigation into segregation and solitary confinement processes in Ontario jails. This comes after our submission to the Ministry of Community Safety and Correctional Services in May calling for the abolishment of indefinite segregation. We have a couple of systemic investigations near completion and have several other important issues in the hopper for consideration.
I was pleased to have the opportunity to speak recently with the Deputy Ministers’ Council - the top managers of every provincial ministry – about how our work in investigating and resolving public complaints helps improve governance. As I noted in the presentation: “It’s essential that we build trust and credibility with all stakeholders. If stakeholders on all sides understand that the Ombudsman will act fairly, we can come up with the most effective solutions to administrative problems.” Outreach and relationship building is essential to our work and will continue to be a priority for our office.
Among our many outreach events this month were the Ontario West Municipal Conference, where members of our staff addressed attendees and also had a booth to engage with stakeholders, the Annual General meeting of the Ontario Municipal Management Institute, and a committee of the Ontario Association of School Business Officials.
Outreach and speaking engagements afford valuable opportunities to explain our processes and findings, but also to hear from stakeholders and get input and information from them firsthand. For example, on Dec. 8, I was the keynote speaker at a human rights forum organized by the Ottawa Police, where I discussed our report, A Matter of Life and Death, and our recommendations to improve police training for de-escalating conflict situations. We had plenty of great feedback and engagement from attendees ranging from police officers, to human rights advocates, to local politicians and students. And last week, I was invited to visit the Ontario Police College (OPC) and meet with the director and management team. This was an opportunity to observe de-escalation training firsthand and learn about how our recommendations have already led to changes in the OPC program. I also discussed police oversight issues with Ontario’s Independent Police Review Director, Gerry McNeilly, at a meeting in Toronto.
In the spirit of the holiday season, our annual staff potluck lunch raised $800 for the United Way – congratulations to all involved on a successful and enjoyable event. To all readers of this message, I wish you and your families a safe and happy holiday, and a healthy and satisfying 2017. I look forward to sharing more with you in this space in the coming months.
november 21, 2016
November has been an exciting month at our Office, with the release of our 2015-2016 Annual Report on November 2—our first annual report since our mandate expanded to include municipalities, universities, and school boards. If you missed the release, you can watch the video of the press conference on our website or read the full report here.
Our Annual Report reviews the work of our Office over the last year – including dealing with more than 22,000 complaints - and provides updates on recent and ongoing systemic investigations. The report also outlines our role, mission and processes, and, for the first time, categorizes significant cases and trends by topic. We’ve also highlighted individual cases that our team was able to help resolve.
Our investigation into busing problems that both the Toronto District School Board and Toronto Catholic District School Board have been experiencing is progressing. Since the beginning of the school year, we have received more than 100 complaints relating to busing, and more than 1,000 complaints about school boards in total since September 1, 2015. As with all of our Special Ombudsman Response Team (SORT) investigations, we will be examining the matter in-depth, gathering evidence, interviewing witnesses and reviewing documents. You can read more about our investigation process here.
Our team has attended several meetings and outreach events in the past few weeks. In early November, Deputy Ombudsman Barbara Finlay welcomed the Ohio Legislative Fellows to our office and explained the role and function of the Ontario Ombudsman.
We’ve also had opportunities to share the findings of our most recent systemic investigation, Nowhere to Turn, about the Ministry of Community and Social Services’ response to situations of crisis involving adults with developmental disabilities. General Counsel Laura Pettigrew and SORT Investigator William Cutbush spoke at the CUPE Developmental Services leadership meeting in late October and Mr. Cutbush also met with Opportunities Mississauga for 21 Plus.
And just this past weekend, Ombudsman staff spoke at the People for Education annual conference on the first year of our oversight of school boards.
I was honoured to have been invited to participate in the 11th World Conference of the International Ombudsman Institute, where I spoke about the recent expansion of our Office’s jurisdiction and shared our tips and best practices for planning and executing the expansion of an Ombudsman’s jurisdiction. It was a pleasure to connect with colleagues from around the world and share our knowledge and expertise in this area.
Here at home, I gave a presentation to the Forum of Canadian Ombudsman’s Corrections Course in Ottawa on November 7 on our recommendations for improving segregation practices in the province of Ontario, including our recommendation to abolish indefinite segregation. You can read our submission to the Ministry of Community Safety and Correctional Services, entitled Segregation: Not an Isolated Problem.
Though the holiday season is fast approaching, things are by no means slowing down at our Office. We have several outreach events planned in the upcoming weeks, including the Ontario West Municipal Conference in London, the Ontario Municipal Management Institute conference in Toronto, and meetings with various stakeholder groups around the province.
There are many ways to stay informed about the goings-on at our office. Subscribe to our newsletter, follow us on Twitter, like us on Facebook, and check our website for regular updates.
October 28, 2016
A lot is happening at our Office these days as we continue to be busy and productive. Following the release of two important systemic reports in June and August (all of our 82 recommendations were accepted), we are now preparing for the release of our Annual Report on November 2. You will be able to catch the live webcast on the main page of our website at 2 p.m. – so mark your calendar!
Yesterday, I also made public my submission to the Independent Police Oversight Review, led by the Hon. Michael Tulloch, as well as attended the public Ottawa consultation on October 26. As I noted in my submission, “Our civilian oversight bodies represent critical checks and balances in our democracy, and public trust depends on their effectiveness.” I made 16 recommendations, including calling for all three of Ontario’s police oversight bodies – the Special Investigations Unit, the Office of the Independent Police Review Director, and the Ontario Civilian Police Commission – to be included in my mandate, as well as municipal police services boards. At present, the only one of these bodies within my jurisdiction is the SIU, which investigates cases where police are involved in incidents of serious injury or death. Read the submission here.
We were also pleased to hold our sold-out annual investigative training course, “Sharpening Your Teeth” in Toronto earlier this week. This course is targeted to investigators, ombudsmen and other professional watchdogs, with a focus on advanced investigative techniques. We were honoured and excited to have participants come from as far as Tonga, Ukraine, Antigua and Barbuda, and Nebraska, as well as from across Canada. We were also delighted to have two special guest speakers again this year – New Brunswick Ombudsman Charles Murray, who discussed the challenges and value of independent oversight, and Premier Kathleen Wynne, who emphasized the importance of open government.
On September 26, I announced a systemic investigation into ongoing busing problems that both the Toronto District School Board and Toronto Catholic District School Board have been experiencing. I spoke with Global News’ Focus Ontario about the matter. Since the beginning of the school year, we have received more than 50 complaints relating to busing, and 970 complaints about school boards in total since September 1, 2015.
As with all of our Special Ombudsman Response Team (SORT) investigations, we will be examining the matter in-depth, gathering evidence, interviewing witnesses and reviewing documents. You can read more about our investigation process here.
Our team has attended several municipal events in the past few weeks. I was invited to speak to 40 member municipalities at the Francophone Association of Municipalities of Ontario’s annual conference in Hearst on September 22. Our staff also spoke at the Rural Mayors’ Forum of Eastern Ontario in McNab, Ontario and we’ll be meeting with the Municipal Integrity Commissioners of Ontario at the end of the month. Deputy Ombudsman Barbara Finlay met with representatives from 23 municipalities in the Parry Sound area on September 30, and General Counsel Laura Pettigrew presented at the Association of Municipal Managers, Clerks and Treasurers of Ontario’s Municipal Information, Access and Privacy Forum on October 14.
Ms. Pettigrew also spoke to the ARCH Disability Law Centre and People First about our recent report on services for adults with developmental disabilities who are in crisis, Nowhere to Turn. They were happy to hear more about the report and recommendations and we encouraged them to reach out to us with any additional complaints.
I have recently had opportunities to share expertise with colleagues in the oversight field, as well. I visited Albuquerque, New Mexico, where I made a presentation to police oversight officials from across North America at the National Association for Civilian Oversight of Law Enforcement’s Annual Conference about the report on police de-escalation techniques, which was very well received. I also discussed de-escalation with civilian heads of oversight of law enforcement in Ottawa during a meeting organized by the Civilian Review and Complaints Commission for the RCMP. And, I attended the United States Ombudsman Association annual conference in Arlington, Virginia, in mid-October - a valuable opportunity to share knowledge and expertise with ombudsmen from across North America.
Here at home, I met with my fellow Officers of the Legislature at the new offices of my colleague François Boileau, the French Language Services Commissioner. It was an excellent opportunity to discuss best practices and how we serve Ontarians. And I met with the City of Toronto’s accountability officers - the Ombudsman, Auditor General, Lobbyist Registrar and Integrity Commissioner - and discussed some of our common challenges.
And finally, it was my pleasure to join our Office’s Run for the Cure team, the Ombudsman Watchdogs on October 2 – the team’s ninth year participating in the Canadian Breast Cancer Foundation’s fundraising event.
There are many ways to stay informed about the goings-on at our office. Subscribe to our newsletter, follow us on Twitter, like us on Facebook, and check our website for regular updates.
September 15, 2016
With the start of the new school year, school board issues are top of mind in our office.
Our office recently marked the one-year anniversary of our oversight of the province’s 82 school boards, which came into effect on September 1, 2015. We received more than 700 complaints about school boards in the first year of our expanded mandate, most of which were resolved through early resolution or referral. Topics ranged from special education, to bullying, to busing, to school staff. We have not yet launched a single formal investigation into a school board issue.
Last week, we also announced that our office is assessing problems with the busing of students in the Toronto District School Board and the Toronto Catholic District School Board to determine whether or not a systemic investigation is warranted. This comes after media reports and complaints from parents who experienced significant delays waiting for their children to be picked up or dropped off, or had no bus show up at all. Our staff will look into what happened, what plans the school boards had in place, and what was done to inform parents prior to deciding if we want to conduct a formal investigation.
[accessible PDF of infographic]
Our latest report, Nowhere to Turn, was released on August 24th. The report covers our investigation of more than 1,400 complaints from families of adults with developmental disabilities who are in crisis situations, including being abandoned, abused, unnecessarily hospitalized and jailed. In Nowhere to Turn, I made 60 recommendations highlighting an urgent need for greater supports, services, and more rigorous monitoring, all of which were accepted by the Minister of Community and Social Services. You can watch my press conference and the Minister’s response on our website. The Minister has agreed to report back to my Office at six-month intervals.
Our report highlighted 18 individual cases that were especially egregious. One woman was moved more than 20 times in 34 days because there were no residential placements available. Another man spent 12 years in a psychiatric hospital before a placement was created for him.
Since the report was released, the Ministry of Community and Social Services has simplified the application process for young people with developmental disabilities and their families applying for the Ontario Disability Support Program (ODSP) and Special Services at Home (SSAH) funding.
We continue to publish regular reports on closed municipal meetings. All Ontario municipal councils, boards and committees are required by law to hold open meetings, with a few exceptions, and the public can complain to our Office or another appointed investigator if they feel a meeting has been improperly closed. Our Open Meeting Law Enforcement Team (OMLET) investigates such complaints in all municipalities except those that have appointed their own closed meeting investigators.
In the Township of Woolwich, OMLET found no evidence that a closed meeting on an upcoming delegation had a quorum of the committee behind closed doors, or laid the groundwork for a decision on the delegation.
We investigated two complaints about the Township of Leeds and the Thousand Islands. We found that council violated the opening meeting requirements of the Municipal Act when it discussed a zoning by-law application over email, and recommended that council cease its practice of discussing council business using emails or any other electronic format. As I noted in my report, this is the third time our Office has cautioned the township that they shouldn’t hold meetings over email. While I understand council’s desire to be open and transparent in its public communications and to embrace modern technology, council must do so within the current legislated requirements of the Municipal Act.
In another case in the same township, we found an April 18, 2016 meeting to discuss reassignment of the Chief Administrative Officer’s duties fit within the exception for personal matters about an identifiable individual, but advised that council’s resolution to proceed in camera should provide more information about the subjects to be discussed in closed session.
Of course, to continue our work on provincial oversight and fulfill our new mandates with respect to municipalities, school boards, and universities, we need to grow our team. We are committed to maintaining the standards of excellence for which we are recognized and are continuing to recruit exceptional new team members. As a sign of gratitude for the great work being done across the office, the Executive Management Team recently picked up the tab for a social evening for staff, which was well attended and enjoyed by all.
Looking ahead to the coming months, we’ll be releasing our 2015-2016 Annual Report, and hosting our annual advanced investigative training, Sharpening Your Teeth, in late October.
My staff and I will continue to attend various outreach events across the province, including attending both the Association française des municipalités de l'Ontario in Hearst and the Municipal Finance Officer’s Association of Ontario conference in Niagara Falls next week.
There are many ways to stay informed about the goings-on at our office. Subscribe to our newsletter, follow us on Twitter, like us on Facebook, and check our website for regular updates.
Enjoy the start of the fall season!
AUGUST 17, 2016
And it’s been a busy year. Under our new mandate, we’ve helped resolve issues about school bullying, suspensions and expulsions, special education, safety and security, and bussing, among many other things – more than 700 complaints since September 1, 2015. The majority of those complaints were resolved through early resolution or referral.
In one situation, we intervened when things reached a standstill between the mother of a boy on the autism spectrum and his school board. The boy refused to return to school after an incident when police were called. The mother suggested home schooling, but the board insisted the boy stay in school. We helped the school board work with the mother to develop a home schooling plan.
We share case resolutions from our various areas of jurisdiction every month in our newsletter – sign up here. We’ll also be providing an update on our oversight of school boards (as well as of municipalities and universities, which began in January 2016) in our Annual Report, to be published this fall.
As I noted last month, we’re releasing a much-anticipated report in late August. The report on our investigation into the province’s services for adults with developmental disabilities in crisis will be released on August 24, 2016. We’ve had more than 1,400 complaints about this issue, and our staff have resolved scores of these urgent individual cases, while reviewing and assessing numerous significant changes in government policy, funding and services in this area. You can watch the press conference live on our website at 11 a.m. on August 24.
Our recently released report, A Matter of Life and Death, recommended government overhaul the police training program to ensure police are better trained on de-escalation techniques. The government committed to implementing my 22 recommendations on the day the report was released in late June. However, since then, a tragic case has unfolded in Ottawa – the case of Adbirahman Abdi, who died after being arrested by Ottawa police. This event, and others like it, underscore the need for significant reform in police training. The use of force model needs to be rethought, and police need more non-lethal options for dealing with people in crisis. I spoke to several media outlets about my call for improved training. Watch and read CBC’s The National, Global News, CBC Ottawa, and the Globe and Mail.
We continue to publish regular reports on closed municipal meetings. Our Open Meeting Law Enforcement Team (OMLET) investigates such complaints in all municipalities except those that have appointed their own investigators.
OMLET determined a March 7, 2016 meeting of the City of Brockville's OPP Contact Adhoc Committee to discuss the OPP costing process fit within the "education and training" exception to the Municipal Act's open meeting requirements, but a vote to direct staff to approach an audit firm to assess the proposal violated the Act because it advanced committee business.
In Hamilton, we found a closed meeting by the city's Election Compliance Audit Committee on July 15, 2015 was illegal, because the committee falls within the Municipal Act’s definition of a “local board” and is subject to the Act’s open meeting requirements. Notice of the meeting was not provided, no procedure was followed to close the meeting to the public, and the topic of discussion did not fall within any of the Act’s exceptions to the open meeting rules.
We found that Oshawa city council violated the Municipal Act when it met in camera with the Oshawa Power and Utilities Corporation to obtain information about a proposed merger of utility companies. Noting that the meeting did not fall within the “education and training” exception, or any exception, to the Act’s open meeting requirements, I made recommendations to improve the city's open meeting practices.
Finally, we received a complaint that the board of directors for the Walkerton Business Improvement Area discussed matters that did not fall within the exceptions in the Municipal Act, 2001 during a meeting on June 8, 2016. We found that the discussion fit within the exception for litigation or potential litigationand the meeting was closed properly.
My staff and I have also been busy attending outreach events – like the Canadian Bar Association conference in Ottawa and at the Association of Municipalities of Ontario conference in Windsor in mid-August. Our Office had a booth at both events, and our staff met with and answered questions from dozens of attendees. As I noted on Twitter, the AMO conference was especially productive and engaging. It was a pleasure to meet many municipal stakeholders, and I plan to attend the annual conference in the future to stay informed of issues faced by municipalities.
Next, I’ll be in Ottawa on August 18 to speak to the Ontario Secondary School Teachers Federation (watch our website for my speech!), as well as meet with stakeholders.
Enjoy the rest of your summer!
JULY 21, 2016
Despite the heat of July in Toronto, things haven’t slowed down at the Ombudsman’s Office.
On June 29, we released our report “A Matter of Life and Death”, an investigation into the direction the province provides to police for de-escalating conflict situations. I made 22 recommendations calling on the Ministry of Community Safety and Correctional Services to save lives by requiring police across the province to use de-escalation techniques in conflict situations before resorting to lethal force – all of which were immediately accepted.
Watch the press conference
This investigation was launched in the wake of the streetcar shooting death of Sammy Yatim by a police officer in Toronto in 2013. Since then, my Special Ombudsman Response Team received 176 complaints and submissions, conducted 95 interviews and reviewed thousands of pages of documentation to put together this comprehensive report.
What we found was shocking, but hardly surprising. We learned about crisis after crisis, tragedy after tragedy; innocent people armed with scissors, small hammers, or even table legs, who were shot and killed by police. Just during the course of our investigation, 19 more people were shot dead by police. In many cases, these were vulnerable people in crisis.
We have expressed very clearly that this report is not critical of police in Ontario. It is, however, critical of the inadequate training they receive on how to de-escalate conflict situations involving people in crisis. The report recognizes that front-line police officers regularly have to deal with such difficult and potentially dangerous situations. The point of the report is that they need better de-escalation skills and more non-lethal tactics to draw upon to reduce the likelihood of a deadly outcome.
As I said in my report, “Ontario officers have plenty of training on how to use their guns, but not enough on how to use their mouths.”
In the report, I recommended updating the legislation, guidelines and model for training police in the use of force, bolstering de-escalation training at all levels, and ensuring consistent and updated training across the province. I gave the Ministry of Community Safety and Correctional Services a timeline – one year – to implement my 22 urgent recommendations.
After my press conference on June 29, the Minister immediately announced he had accepted all of my recommendations and my one-year timeline. I was encouraged to see this commitment to improving police training and will be monitoring the Ministry’s progress over the next year. This is truly a matter of life and death.
We have another systemic investigation report nearing completion – the report about our investigation into services for adults with developmental disabilities in crisis. I sent my findings to the Ministry of Community and Social Services on May 24. The report is in its final stages and we plan to release it on August 24. (You'll be able to watch it live on our website at 11 a.m.) In this case, changes to government policies and programs during the course of the investigation required our investigators to review and assess their impact on the issues at hand. We updated our findings to reflect these developments, and pursued dialogue and consultation with the Ministry to give it a chance to respond to our updated findings and conclusions.
Earlier this month, I attended the annual meeting of the Canadian Council of Parliamentary Ombudsman, this year hosted in Whitehorse by the Yukon Ombudsman and Information and Privacy Commissioner, Diane McLeod-McKay. It was an important opportunity to meet with my fellow provincial and territorial ombudsmen and discuss common issues and challenges. These meetings are an excellent way to share best practices, learn from the experience and work of other Ombuds, and promote consistency in our approaches. It was also valuable to consult with my colleagues about oversight of the broader public sector – namely, municipalities, universities, and school boards. Several provincial ombuds already have oversight of municipalities, although it is a new role for my Office and for my colleague in Saskatchewan, and it may be introduced as part of the Alberta Ombudsman’s jurisdiction in the coming months.
Participants at stakeholder conference organized by Canada's Public Policy Forum, February 25, 2016. From left to right: Rick O’Connor, City Clerk and Solicitor, City of Ottawa; Darren Gilmour, Vice-President, Public Policy Forum; Charles Murray, Ombudsman of New Brunswick; Laura Pettigrew, Ombudsman General Counsel; Wendy Ray, Ombudsman General Counsel; Raymonde Saint-Germain, La protectrice du citoyen du Québec; Steve Orsini, Secretary of the Cabinet, Head of the Ontario Public Service; Barbara Finlay, then-Acting Ombudsman of Ontario; and, Tony Brown General Counsel (retired), Toronto District School Board.
Also this month, Canada's Public Policy Forum released its final report on its work with our office in consulting with stakeholders for the historic expansion of our mandate to municipalities, universities and school boards. The Forum hosted roundtables for representatives of these sectors across the province, as well as a one-day conference in Toronto this past February. These meetings provided us with valuable feedback and an opportunity to address stakeholders' concerns about what to expect and how we work. We have already implemented many of their suggestions (like webinars and videos) in response.
I was also honoured to be featured in the Law Times recently. As many of you know, I’m a lawyer by trade and read the Law Times regularly.
We continue to share stories about our individual case resolutions, OMLET reports, and outreach activities in our monthly newsletter. Join more than 7,500 other people who receive it at the end of every month. And don’t forget to follow us on Twitter, like us on Facebook, join us on LinkedIn to watch for job postings, and check out our YouTube channel for all the latest. (For those of you who are new to our social media channels, we’ve developed some information about how we use these accounts and what you can expect, here.)
I hope you all continue to enjoy this beautiful summer!
June 14, 2016
It has been an eventful 10 weeks since I became Ombudsman on April 1. In just the past month since my last message, we have moved two major provincial investigations to their final stages, reported on three closed meeting investigations and announced our first systemic investigation involving a municipality. We also resolved hundreds of complaints in our new areas of jurisdiction – municipalities, universities and school boards – and continued our efforts to expand our team to handle our expanding caseload (more than 2,000 complaints received in recent months).
As both our team and our jurisdiction grow, I felt it was important to establish a roadmap for the next five years – not only to guide our work, but to give complainants and stakeholders a clear picture of how we work and what they can expect from us.
Communicating with stakeholders and fostering an understanding of our role and processes is more important than ever as we expand our Office and execute our mandates. I meet almost every week with special interest groups requesting that we undertake a systemic investigation into an issue of importance to them, as well as with heads of public bodies that hope that we don’t. As we cannot fulfill every request for a systemic investigation, we must be guided by a clear and appropriate set of values and guiding principles when deciding how and where to direct our resources.
To that end, in early May, we developed Values, Mission and Vision statements that articulate our fundamental principles and our aspirations for our Office. You’ll hear more about these important guiding principles in the coming months and years, as they focus and inform our work to improve government and broader public sector services. We have shared them on our website here and will incorporate them into future communications – ensuring everyone knows what we stand for and how we operate.
As I noted last month, we have moved forward on our two pending systemic cases: 1) Our investigation into the direction provided by the province to police services in de-escalating conflict situations; and 2) our investigation into services for adults with developmental disabilities who are in crisis. Our findings in both cases have been provided to the relevant ministries for their input – as required under the Ombudsman Act – and I plan to release the final reports in late June and July, respectively.
We also announced our first systemic investigation related to our new municipal jurisdiction – into the City of Brampton’s procurement practices. Our Special Ombudsman Response Team is gathering evidence now and will determine timelines for the investigation once they assess the first phase. In other municipal news, I signed off on investigations by our Open Meeting Law Enforcement Team into complaints about closed meetings in Sudbury, Norfolk County and Midland. In the first, we found no issues, but the two others were found to have violated the Municipal Act, and we recommended best practices to help both municipalities improve in future.
Meanwhile, I had the honour of speaking to a variety of stakeholder groups, including the
Federation of Northern Ontario Municipalities in Timmins on May 12, and the Ontario College of Teachers in Toronto on June 2. At both events, I discussed the importance of independent oversight and robust accountability processes at the local level. My colleagues have kept up our active outreach campaign as well, presenting at events around the province, including the Ontario Municipal Administrators’ Association conference in Alliston; the Ontario Association of School Business Officials in Windsor; a Q&A session with the University of Windsor’s student ombudsman; the Halton District Catholic School Board Council of Chairs; the Municipal Law Departments of Ontario meeting in Markham; the French edition of the Federation of Canadian Ombudsman’s Ombudsman Essentials course in Quebec; and the Association of Municipal Managers, Clerks and Treasurers (AMCTO) annual conference in Niagara Falls, as well as at various AMCTO zone meetings and workshops.
In between these events, I attended the Council of Canadian Administrative Tribunals’ annual symposium in Ottawa at the end of May – an excellent opportunity to share expertise and learn from authorities on administrative justice from across Canada and around the world. As my Office oversees many administrative tribunals, I found the conference’s speakers on such themes as access to justice and procedural fairness to be informative and even inspirational.
The summer ahead promises to be busy, as we release our next two reports, attend such major events as the Association of Municipalities of Ontario annual conference in Windsor in August, and plan for our Annual Report release this fall. We are also planning our next Sharpening Your Teeth training course for ombudsmen and administrative investigators, set for October 24-26 – registration is now open. Keep in touch and we will continue to keep you posted – in our e-newsletter, on social media, and in this space.
May 11, 2016
It is an honour to serve as Ontario's seventh Ombudsman. But an ombudsman cannot do this work alone and this is far from a one-person operation. It takes a large organization of dedicated people, passionate about promoting fairness, transparency and accountability in the public sector.
It also takes a dedicated group of people with special skills to be able to effect positive change for the people of Ontario. I’m extremely privileged to have joined such an organization on April 1. The first month of my term has been a busy and productive one for the entire office.
This message is my way of keeping you informed about what we’re up to – it’s something I did regularly in my previous position as federal Taxpayers’ Ombudsman and you can expect regular postings from me.
Ontario Ombudsman, Paul Dubé, in his first meeting with staff.
Since January, the Ombudsman’s Office has been undergoing the most significant expansion in its 40-year history. Our Human Resources team and all directors and managers have been working flat out on the recruitment of the very specialized talent we require for the work involved in our new areas of responsibility - municipalities, universities and school boards. So far, we have staffed 17 of the 57 new positions created to handle these new jurisdictions.
In our new jurisdiction, we have received 1,255 complaints about municipalities (since January 1); 445 about school boards (since September 1); and 85 about universities (since January 1) – all while working to staff the positions we require to handle these complaints. As one observer noted, “it’s a bit like trying to change a tire on a bus that’s moving at high speed.” Nevertheless, we have been successful in attracting and hiring many talented people with an impressive combination of intelligence and experience, and we will continue to do so.
In other good HR news, our directors negotiated a new five-year collective agreement with the Canadian Office and Professional Employees union local 343, which represents our unionized staff. This contract – ratified at the end of March, just before I took office – helps ensure a stable workforce for the important work we have to do. We were also pleased to open new office space in early April – in the same building as our headquarters, 483 Bay Street – for our expanding team. We’ve optimized everything for maximum flexibility, from the technology to the furniture. Our Information Technology team has worked hard to create an environment where employees can work and move seamlessly between the two spaces.
In addition, I signed off on two reports on investigations of closed municipal meetings, conducted by our Open Meeting Law Enforcement Team (OMLET), relating to council meetings in the Township of Russell and the Municipality of The Nation. Both found instances that contravened the Municipal Act.
General Counsel, Laura Pettigrew, speaking to the Canadian Association for the Practical Study of Law in Education (CAPSLE).
Our Early Resolution team continues to demonstrate its effectiveness in getting problems solved for Ontarians quickly and at the lowest level possible and our Investigations team has resolved and investigated a wide range of complaints. For example, they helped a homeless student get approved for welfare, and they helped a man who owed no family support clear up a mistake by the Family Responsibility Office that had resulted in an unjustified writ against his property.
Addressing systemic issues is a key function of an ombudsman and it will always be a priority of mine. In my seven years as Taxpayers’ Ombudsman, I published eight special reports and an observation paper on systemic issues. As rewarding as it is to resolve individual complaints, if we looked at them in isolation we would miss the opportunity to address the root causes and prevent them from recurring. We seek to address systemic issues whenever possible, with a view to preventing future complaints.
Our Special Ombudsman Response Team (SORT) is working hard on assessments for potential new investigations and updates on others in progress. We will report on our two pending investigations as soon as possible. It is not uncommon for the entities being investigated to review their policies and procedures and implement changes during the course of an investigation. For our reports to be accurate and our recommendations to be feasible and appropriate, we often need to step back and monitor the impact of those changes before finalizing our observations, conclusions, and recommendations. Of course, with an expanded jurisdiction, we have many more areas to monitor for trends and systemic issues and that means more opportunities to be an agent of positive change.
Engaging with complainants and meeting with senior government officials to alert them to trends we observe are also key aspects of our work in identifying and correcting maladministration. On April 27, I made a submission to the Ministry of Community Safety and Correctional Services as part of its consultations on the use of solitary confinement – or segregation – in provincial correctional facilities. My submission calls for the abolition of indefinite segregation and the introduction of measures that provide alternatives to segregation and adequate review and treatment of inmate health issues. We issued a press release on this submission on May 10 and posted it in full on our website
Our Communications team has co-ordinated several outreach initiatives in recent weeks, including our first webinars for stakeholders in the municipal and school board sectors. I participated in these webinars on March 31, which were extremely well received – they remain on our website as a resource for viewing anytime. Communications staff have also criss-crossed the province in the past few weeks, supporting me and other representatives from our office at speaking engagements, meetings and conferences in the municipal and school board sectors. (They even livestreamed a few speeches via Periscope.) In just the past month, our office has been at events in Englehart, Ottawa, Kingston, Sault Ste. Marie, Niagara Falls, Brantford, Strathroy, Cobourg, Vaughan, Thunder Bay, Burlington, Goderich and Mississauga (not to mention Toronto) – and by the end of this week, we will add Timmins, Alliston and Windsor.
From left to right: Deputy Ombudsman Barbara Finlay, Speaker of the House Dave Levac, and Ontario Ombudsman Paul Dubé, at an information session with MPPs at Queen’s Park.
Members of our Executive Management Team have been busy doing many of these presentations as part of our outreach to build relationships and inform stakeholders within our new jurisdiction, as have I. On April 26, I addressed the spring meeting of the Municipal Integrity Commissioners of Ontario in Vaughan. On May 6, I spoke to the annual conference of the Ontario Small Urban Municipalities in Goderich, and on May 12 I will speak in Timmins at the annual conference of the Federation of Northern Ontario Municipalities.
As part of our outreach to key stakeholders,our office hosted an information session with MPPs at Queen’s Park on May 4. I was happy to meet numerous MPPs from all three parties and share some ideas on how we can help their constituents. It was also a pleasure to have some of my fellow officers of the Legislature in attendance, including Auditor General Bonnie Lysyk, Environmental Commissioner Diane Saxe, and Integrity Commissioner David Wake – as well as colleagues like Human Rights Commissioner Renu Mandhane.
Finally, our Executive Management Team held a one-day strategy session on May 4 to develop a five-year plan as well as value, mission, and vision statements. This corporate planning session resulted in a well-defined road map for the next five years and a clear statement of how our goals will be achieved. We will share more details publicly soon.