Qujannamiik. During its public review, the standing committee received submissions on both sides of the ombudsman issue. In the views of some witnesses, the creation of an ombudsman office is unnecessary, and carries the potential to become another unwieldy level of government bureaucracy.
However, the standing committee also heard much commentary to the contrary. Several specific examples were presented to the standing committee detailing situations where the intervention of an ombudsman would have been beneficial. A number of organizations reported that they had been forced to assume a role in assisting individuals to deal with their complaints against government, even though this was not directly within their mandate. However, these organizations clearly were restricted in terms of any powers to investigate, report publicly or recommend.
The Standing Committee on Legislation came to the conclusion that the creation of an ombudsman's office would be of merit.
The standing committee received several presentations supporting the establishment of an ombudsman office, and urging that a framework be established to facilitate access to this office at the community level. Although the unique conditions of the Northwest Territories present challenges, the standing committee feels strongly that this government must become closer to the people in the outlying communities. As was suggested with respect to right to information legislation, a model should be developed to enable residents of the communities to pursue their complaints against government, and to obtain information about government, with the assistance of a local person who is independent from government and supported by the community. Again, the standing committee cannot support the use of government liaison officers in this role, and submissions from the public were heavily weighted against this option.
The committee is of the view that a single community access framework could be designed to accommodate the needs of the communities with respect to both access to information and ombudsman legislation.
Witnesses before the Standing Committee on Legislation also expressed their disappointment with the development of the ombudsman concept in the legislative action paper. More attention was devoted to the choice of a name for the officer than on an explanation of the Minister's proposal. Witnesses said that the proposal was simply too vague to enable them to prepare detailed commentary, criticisms or suggestions. Many expressed a desire to review a draft bill before introduction in the House.
The Standing Committee on Legislation agrees with these comments. Unlike right to information legislation, little public discussion has occurred to date on the creation of an ombudsman for the Northwest Territories. The concept of the ombudsman requires that the public be consulted as to the details of proposed legislation.
The Standing Committee on Legislation is of the opinion that a legislative action paper should be developed to focus specifically on the concept of an ombudsman for the Northwest Territories. Preferably, a draft ombudsman bill would be appended to the legislative action paper for review. The standing committee expects that this would not be developed in isolation from the work on right to information legislation, and that coordination of the concepts could be achieved.
The legislative action paper should focus on:
-the powers and jurisdiction of the ombudsman;
-the mandate of the ombudsman;
-the original of complaints and referrals;
-a model for community access;
-coordination of the office with the office of the Official Languages Commissioner and/or right to information legislation. Recommendations