Debates of February 4, 2010 (day 22)

Statements

MEMBER’S STATEMENT ON ESTABLISHMENT OF AN OMBUDSMAN OFFICE

Thank you, Mr. Speaker. Over my time in this Assembly I have encountered quite a few situations where constituents have been at odds with a body or organization who has made a decision that affects the constituent or their family. In most cases when that happens the only recourse available is for the matter to be taken to court. That option comes with all sorts of problems attached. Most people don’t have the money to pay for a lawyer. Most people are not comfortable in the court system even if they do have a lawyer. As well, the court system is adversarial and does not allow for solving a dispute with mediation and arbitration, in most cases. That’s a process which is far less combative and much more in line with what most of us are used to in our daily lives.

I know that Members of this House have previously argued for an office of an ombudsman and I want to add my voice to that chorus, albeit a faint chorus at the moment. There are innumerable situations where NWT residents could use an ombudsman to assist in solving a dispute or disagreement. Disputes such as landlord-tenant issues that are outside the jurisdiction of the rental officer; an investigation and/or decision by a self-regulating body where the professional person feels it was incorrectly handled or resulted in an unjust decision; decisions by housing authorities that the client may disagree with; income support issues -- a family may lose their home due to Income Support not issuing cheques in a timely manner and they would like to dispute that; health and social services issues -- an ombudsman can investigate administrative decisions by officials in hospitals and other medical facilities; decisions made by the Workers' Safety and Compensation Commission could go to an ombudsman. For all of these situations, and many others as well, there’s no avenue of appeal except the court.

An ombudsman is impartial and independent from the government. They would make recommendations to resolve issues of unfairness and to improve administrative processes. Many of us in this House receive inquiries from constituents in distress because we, as MLAs, are an informal avenue of appeal and I don’t believe that MLA intervention is the best way to solve these sorts of disputes.

All these disputes could be dealt with by an ombudsman. Almost two years ago now the Minister of Justice advised that his department would look into the possibility of establishing an ombudsman office. I will have questions for the Minister at the appropriate time.

Speaker: MR. SPEAKER

Thank you, Ms. Bisaro. The honourable Member for Weledeh, Mr. Bromley.