Ontario Ombudsman looking for government action

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Ontario Ombudsman looking for government action

Postby Thomas » Thu Jul 18, 2013 7:56 am

QUEEN’S PARK — In presenting his annual report, Ontario’s Ombudsman noted the provincial government has yet to follow through on recommendations to give the province’s Special Investigations Unit (SIU) more teeth or replace antiquated legislation that gives police the power to stop, question and search people without probable cause or warrants.

Ontario Ombudsman Andre Marin said the government has welcomed most of his recommendations and implemented positive changes in the last fiscal year, but has failed to make any meaningful movement on several high-profile cases.

Three years after the G20 Summit in Toronto resulted in massive violations of civil rights, the government has yet to pass a replacement to the Second World War-era Public Works Protection Act it used to give police wide powers to search and question civilians entering the summit area.

Queen’s Park has also done nothing to strengthen the legislative mandate of the SIU, the civilian agency mandated to investigate when police are involved in incidents where someone dies, is seriously injured or sexual assault is alleged.


This political foot-dragging is “frustrating the public interest,” Marin said in issuing his report.

Two years after promising to regulate the non-emergency medical transfer industry to protect patients transported in these ambulance-like vehicles, the government has yet to do so, he added.

Marin urged the government to address this “unfinished business” and make better use of his office in areas of oversight.

A year after former premier Dalton McGuinty discussed opening the door to Ombudsman oversight of municipalities, universities, school boards, hospitals and long-term care homes (the MUSH sector), as well as children’s aid societies and police, action has stalled, Marin said.

According to Marin, the Ombudsman had to turn away a record 2,541 complaints about these organizations because they remain outside of his jurisdiction.

“Political wrangling aside, there is simply no well-articulated, rational justification for barring Ombudsman oversight in the MUSH sector,” he said.

The report emphasized the need for oversight of children’s aid societies, hospitals and long-term care homes. Marin noted Ontario is “dead last” in Canada in allowing Ombudsman scrutiny in these areas.

“I remain hopeful that, rather than resorting to inferior internal accountability devices, the government of Ontario will recognize the benefits of putting the Ombudsman’s Office to use in all areas that sorely need our intervention,” Marin said.

He also reiterated need for Ombudsman oversight of the scandal-plagued Ornge air ambulance service, which generated 12 complaints to his office in the past year.

A separate report issued by the Office of the Chief Coroner concluded operational issues at Ornge “had some degree of impact” in eight deaths.

The Ombudsman’s annual report reviews the 19,726 cases received by the Ombudsman in the past fiscal year. Updates of major systemic investigations include the Ontario Provincial Police’s progress in dealing with operational stress injuries and suicide among its members.

Ontario’s New Democrat Party blasted the Liberal government for inaction.

“Refusing to give the Ombudsman the powers to investigate thousands of complaints, leaves Ontarians in vulnerable situations,” said NDP Health Critic France Gélinas. “Ontario is the only province in Canada that does not grant Ombudsman oversight of hospitals, long-term care facilities and child protection services.“

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