(June 26, 2024) It is an honour to present my ninth Annual Report as Ombudsman as this Office prepares to mark its 49th anniversary. The time is ripe for both reflection and forward thinking – and this report, fittingly, does both.
It has been a momentous year. Between April 1, 2023 and March 31, 2024, our Office received 27,030 cases (complaints and inquiries) from Ontarians seeking our help. That is almost a record high – surpassed only in 2018-2019, when we received thousands of complaints about the Ontario Cannabis Store in its first few months of operation.
Not only did we receive 2,479 more cases this fiscal year than in 2022-2023, we saw record or near-record volumes in several areas of our jurisdiction, including municipalities, school boards, children and youth in care and French language services. And we were still able to resolve 57% of cases in two weeks or less.
What those four topic areas have in common is that they are relatively new to our organization. Although the very first Ombudsman, Arthur Maloney, urged the province in 1975 to include local government administration in his mandate, it was not until 2016 that Ontarians could come to us with their concerns about municipalities and school boards. And oversight of child protection services and French language services was only transferred to us five years ago, in May 2019.
To see such large numbers of people seek our help in these areas is heartening. Although there can be many factors underlying an increase – or decrease – in complaints, what is undeniable is that more Ontarians now have recourse to their Ombudsman than ever before, for a wider variety of issues. Whether we are recommending solutions, proposing best practices, verifying fair procedures, investigating complex problems, or simply connecting people with the appropriate avenue of complaint, the assistance we provide to Ontarians is indispensable. As this report illustrates, the results we obtain for them are tangible and significant.
New jurisdiction: Five years of progress
In 2019, we created two specialized units within our Office to handle the unique challenges of helping children and youth in care, and monitoring compliance with the French Language Services Act. Both units brought our proven and effective approaches to this work, along with enormous dedication and passion for promoting the rights of young people and Francophones. Five years later, I am proud to say we have seen remarkable results.
Children and Youth Unit
Specialized in speaking directly with children and listening to their concerns about foster homes, group homes and children’s aid societies, our Children and Youth Unit has received nearly 8,000 cases since 2019 (1,722 cases this fiscal year, the second-highest total to date). We also received close to 1,000 cases about youth justice centres in that time, from young people in custody who sought our help.
In addition to the individual results we achieved in these cases, we have also completed 4 investigations regarding children and youth since 2019, and made a total of 112 recommendations, all of which have been accepted. We have seen notable improvements, as the Children & Youth chapter of this report documents. This is largely thanks to what we call “proactive ombudsmanship,” which involves flagging issues and making proposals for corrective action without conducting an investigation.
The Unit, headed by Director Diana Cooke, has worked closely with the Ministry of Children, Community and Social Services to ensure that lessons learned from our investigations and case resolutions are shared throughout the child welfare sector. I also welcomed efforts to reform the use of strip searches in youth justice centres, and proposed further changes in a submission to the Ministry to better protect the rights of vulnerable youth.
Children and Youth Unit staff reach out directly to young people in foster homes, group homes, provincial and demonstration schools, and through children’s aid societies and associations across the province. The Unit’s uniquely specialized teams (the Indigenous Circle, the 2SLGBTQIA+ Outreach Team, and the Black Children, Youth and Families Table) work with specific groups of young people who are over-represented in the system. These teams have also enriched the knowledge and practices of staff across our Office and inspired our internal Equity, Diversity and Inclusion efforts.
It’s important to note, of course, that we are the Ombudsman for ALL children and youth in Ontario. This past year alone, we also helped hundreds of children and their families with matters related to school boards, special education, special needs and much more, as evidenced in the Education and Social Services chapters of this report.
French Language Services Unit
Led by French Language Services Commissioner Carl Bouchard, this unit has also made remarkable progress in promoting the rights of Francophones in five short years. The unit has received some 1,800 cases in that time (including a record 511 this fiscal year). By employing the Ombudsman approach – making direct contact with complainants, reviewing the facts, finding resolutions, flagging issues and conducting investigations when warranted – they have achieved tangible results, documented in 4 dedicated annual reports to date (watch for Commissioner Bouchard’s next one in December).
As noted in the Commissioner’s last report, our Office’s recommendations to improve French language services have prompted progress, as has the Unit’s investigative work. (The Commissioner’s latest own-initiative investigation, focusing on a lack of French in the province’s out-of-home advertising, is completed and a report is being prepared for release.)
Commissioner Bouchard has also worked to engage with the Franco-Ontarian community in all its diversity, making connections with a wide range of French-speaking groups and individuals, from newcomers to seniors to businesspeople to Deaf and 2SLGBTQIA+ Francophones.
Members of linguistic minorities cannot always count on their rights being respected automatically; it requires vigilance and determination to know and insist upon those rights. For Francophones in Ontario, filing a complaint with our Office can be easier and more effective than marching on Queen’s Park or litigating to the Supreme Court of Canada. Making a complaint to our Office is simple, and it can result in better services for all.
And resolving and investigating complaints is only part of what the FLS Unit staff do. Proactive ombudsmanship is also a large part of their work, as they engage with government agencies and community groups on a regular basis. With the support and collaboration of our entire organization, they also ensure a “Francophone lens” is brought to other issues in our purview.
Promoting rights and transparency
These are far from the only examples of our work in promoting the rights of Ontarians, particularly the most vulnerable. This report includes numerous examples of how we helped individuals access much-needed services and aid, and promoted transparency and fairness, the right of access to justice, and the right to see local governments deliberate.
Correctional services
In a year when most of the province’s correctional facilities were filled to – or exceeded – capacity, we received 4,444 cases about them, our top source of complaints. In response, we dispatched experienced staff to resume on-site visits to correctional facilities – a practice that had been halted during the COVID-19 pandemic. They spoke with correctional and health care staff, observed conditions, flagged complaint trends and discussed solutions. I look forward to reporting more on the results of this work in future reports. We are committed to continuing these visits in the coming fiscal year.
Improving local governance
Our Office’s expertise in Ontario’s open meeting rules – which protect the right of the public to see local government in action – has been sought out by municipal officials and residents alike. This past year, our new best-practice guides for municipal integrity commissioners were welcomed by numerous officials. We also brought this expertise and emphasis on transparency to the school board level, publishing our decisions on several closed school board meetings.
Councils, local boards and school boards are important democratic institutions, and we are proud to do our part in clarifying their responsibility to be open to the public. And residents of the North have similar rights, as I pointed out in a March 2024 submission to the Ministry of Northern Development on the subject of Local Services Boards. Such boards have powers to impose fees and taxes and should be subject to the open meeting rules, as well as the scrutiny of my Office as “local boards.”
Police oversight
As of April 1, 2024, our Office now has additional oversight of provincial police complaint and oversight bodies – a long-awaited step forward for civilian oversight. Now, in addition to the Special Investigations Unit, we oversee the Law Enforcement Complaints Agency, Inspectorate of Policing and Ontario Police Arbitration and Adjudication Commission.
Systemic investigations
A key part of ensuring that Ontarians benefit from our investigations is following up to see that recommendations are implemented. As always, this report provides updates on the progress made in several cases. Notably this year, we concluded that the Ministry of the Solicitor General has fulfilled the bulk of the recommendations regarding the use of force by correctional officers in our Office’s 2013 report The Code, as well as those regarding segregation placements of inmates in my 2017 report Out of Oversight, Out of Mind. These changes ensured more protection for the rights and well-being of vulnerable inmates.
My last Annual Report (released in October 2023) summarized the reports we released on two major investigations in the early part of this fiscal year, regarding delays at the Landlord and Tenant Board (May 2023), and long-term care home inspections during the first phase of the COVID-19 pandemic (September 2023). All 137 of my recommendations in those cases were accepted, and in recent months, the relevant agencies have begun reporting back to us on their progress in implementing them. Meanwhile, our investigation into the plight of adults with developmental disabilities who are improperly housed in hospitals is near completion, as is our most recent one, involving the Ministry of Education’s direct payment programs to compensate families for school disruptions.
Indigenous relations
One of my top priorities as Ombudsman is the development and implementation of our Office’s Indigenous Services Plan. We want to learn from First Nations, Métis, and Inuit peoples in Ontario, and have sought input and assistance in the co-development of a partnership strategy that we hope will pave the way for effective exchanges of information between this Office and Indigenous peoples, and lead to positive change.
Our goal is to build respectful relationships with Indigenous peoples and communities and earn their trust in order to be able to provide more services to them. To that end, we have embarked on a journey of learning, beginning with training that enhances our cultural awareness, sensitivity, and understanding. This includes sessions about our shared history from the National Centre for Truth and Reconciliation and learning about Indigenous cultural practices from a Traditional Knowledge Keeper.
Beginning to develop capacity to adequately and appropriately address relevant issues has already enhanced our service for, and engagement with, Indigenous peoples. While there is much more work to be done, we have taken steps to be more responsive to Indigenous peoples in resolving individual matters and flagging potential systemic issues. Recently, for example, members of a First Nation raised concerns with our Office’s Indigenous Circle about difficulties in obtaining birth certificates (see the Certificates & Permits chapter of this report), and we are also looking into issues with the Ontario First Nations HST rebate program (see the Money & Property chapter).
One of the highlights of the past year has been the discussions I have had with Indigenous peoples and communities. I was honoured to be invited to meet with a number of First Nations groups, and members of our team were invited to have information booths at several Indigenous-led gatherings, including the Chiefs of Ontario annual meetings in 2023 and 2024. We recently began the process to recruit a full-time Indigenous Liaison Advisor and Indigenous Services Coordinator to assist with furthering these efforts.
In November 2023, I was deeply honoured to visit Asubpeeschoseewagong Netum Anishinabek (Grassy Narrows First Nation) in northern Ontario to meet with community members and leaders and learn about the conditions they were facing. The three-day visit highlighted the community’s profound trauma and challenges, particularly with regard to the mercury contamination in local waters. I was extremely moved by the stories of hardship and injustice faced by the community and by its resilience and commitment to ensuring the safety of children.
A notable example of this commitment is an innovative program to build homes for at-risk youth and vulnerable families. During our visit, we were told there had been a delay in Hydro One installing the poles to bring electricity to these homes, and there appeared to be a communication breakdown between the community and Hydro One. I reached out to Hydro One’s Ombudsman, and by working together, we were able to communicate the urgency of the situation to the corporation. I was thrilled to learn that the line was installed within the month.
My team and I are actively seeking more opportunities to have good words with Indigenous communities that broaden our mutual understanding and enable the Ombudsman’s Office to optimize its contribution to reconciliation. In the meantime, relevant findings from the Calls to Action from the Truth and Reconciliation Commission and the Calls for Justice from the Missing and Murdered Indigenous Women and Girls report will continue to guide our work.
National and international engagement
Beyond promoting optimal public services and government administration, ombudsman offices around the world have a crucial function as democratic institutions. The 2019 international set of standards known as the Venice Principles describes the ombudsman as an important element in protecting the rule of law and respect for human rights and fundamental freedoms. The ombudsman’s role in “the promotion and protection of human rights, good governance and the rule of law” was also recognized by the United Nations in its 2020 Resolution on the Role of Ombudsman and Mediator Institutions.
In an address last month to the World Conference of the International Ombudsman Institute, European Ombudsman Emily O’Reilly said this role is “fundamentally about the prevention of abuse of power,” noting that this can range from “serious maladministration” to “the failure of a government body to reply to a citizen, or to incur stressful delays in dealing with a matter, or to be careless in the administration of a grant or benefit.”
She pointed out that crises rarely happen overnight but develop over many years, and we as ombudsmen can help by alerting administrations to the potential risks of not taking timely action.
So offices like ours must be visible and vigilant, and come together regularly to share expertise and discuss common issues. We need to support strong, independent ombudsman institutions, and respond to threats that they face with solidarity and strategy.
Ombudsman Ontario has engaged with and supported Canadian and international colleagues for decades. The investigation training we provide remains in demand around the world. The important sharing of information and strategies also allows us to learn from our colleagues and help develop best practices nationally and internationally.
In light of this, our engagement with other ombudsman institutions is embedded into our long-term strategy and I am grateful to be a member of organizations like the International Ombudsman Institute (IOI), the Canadian Council of Parliamentary Ombudsman, and the Forum of Canadian Ombudsman.
I am honoured and privileged to serve as President of the IOI’s North American Region, a role that enables me to keep informed of best practices and emerging issues while promoting the importance of ombudsmanship, good governance and transparency internationally. As North America’s lead representative on this world body, I have emphasized the need to promote appropriate standards (like the Venice Principles) for ombudsman offices, and to continue to collaborate with bodies like the United Nations that can help defend them around the world and emphasize their value to liberal democracy.
Strategy for the future
Lastly, I am excited to include in this report, for the first time, our blueprint for the future. As I noted last year, in the years since our two mandate expansions and the pandemic, our team has worked tirelessly to ensure our Office is providing optimum service to an ever broader spectrum of Ontarians.
This past year, we made significant progress towards reaching our full staffing complement of 186, and over the past few months, we developed an organization-wide, three-year Strategic Plan that will guide this Office through next year’s 50th anniversary and beyond the end of my term in 2026. You will find our Mission, Vision, Values and Principles in the next section of this report, along with our Strategic Priorities.
Our plan prioritizes service excellence and value for all Ontarians, with the aim – as always – of improving public services through our work. I look forward to reporting to you on our progress on these important goals next year.