Thank you, Mr. Speaker.
What We Heard
Support for a Northwest Territories Ombud
The committee heard a great deal of support for the establishment of an Ombud in the Northwest Territories. Many people commented that this is something they have long waited for.
- Mr. Colin Baile said, "It was in the early 1990s I first addressed, before a committee of this house, the need for then Ombudsman legislation. As this committee is aware, we are one or only two jurisdictions without such legislation. Ombudsperson legislation, at its core, is not intended to reprimand government, but rather to assist individuals with resolving disputes they may have with government and how they have been treated during that interaction. By using a restorative approach, individuals can have their faith restored in the public sector and government can be assisted in providing and promoting fair, accountable, and transparent services."
- The Northwest Territories Branch of the Canadian Bar Association said, "The establishment of an Ombudsperson for the Northwest Territories is a welcome development. The Office will provide residents of the Northwest Territories with an important means of having concerns with government fairly investigated and addressed."
- Ms. Wendy Bisaro, a former MLA and advocate for the establishment of an Ombudsperson in the Northwest Territories, told the committee, "It has long been a belief of mine that the NWT needs an Ombudsman. That legislation has finally come forward suggests that the benefits of an Ombudsman for our Territory have been recognized, thankfully."
- Ms. Georgina Franki of Behchoko said, "It has been a long time coming. As a Northerner and Indigenous woman, we need help with someone to speak on behalf of some who can't speak."
- Mr. Todd McCauley of Norman Wells said this: "is a major step forward and needed in the NWT."
This does not mean to suggest that committee did not hear dissenting voices. However, they were in a very small minority.
- Ms. Jane Groenewegen, also a former MLA, expressed the view that the NWT is highly governed and there is easy access to Members of the Legislative Assembly, Ministers, plus a Conflict of Interest Commissioner, a Languages Commissioner, a Human Rights Commissioner, a Rental Officer, and an Employment Standards Officer. She said that the Legislative Assembly's library is full of statutory officers' reports with recommendations that have not been acted on.
Questions on the Role of the Ombud
Committee encountered a lot of curiosity about how the Ombud's Office works and heard a lot of questions. The following is an example of some of the questions raised during the public consultation meetings on Bill 20:
- How long will it take for the Ombud to Act on complaints?
- Where will the Ombud be based?
- Will there just be one person, or will the Ombud have staff?
- How will we ensure good "bang for the buck" in establishing an Ombud?
- Will the Ombud visit each community quarterly?
- Who establishes the Ombud's priorities?
- Will the Ombud deal with issues like nepotism?
- Who pays the Ombud's salary and does the performance reviews?
- Can the Ombud make recommendations to change legislation?
- How does this proposed legislation compare with Ombud legislation in other provinces and territories?
- What is the role of the Ombud with respect to Indigenous governments?
The level of interest and the very insightful questions from residents across the Northwest Territories suggest that a well-developed and targeted public awareness campaign must accompany the opening of the Ombud's office in the Northwest Territories, so that people are aware of the Ombud's role and purpose and the assistance they can expect to receive when they contact the Ombud.
Accordingly, the committee makes the following recommendation:
Recommendation 1
The Standing Committee on Government Operations recommends that the Minister responsible for Public Engagement and Transparency work closely with the Office of the Clerk of the Legislative Assembly and the newly appointed Ombud, to ensure the timely development and launch of a robust public awareness campaign to support the opening of the Office of the Ombud and increase residents' understanding of services the office provides, and how to access them.
The Ombud and MLAs - Distinguishing Between Their Roles
In his presentation at the Yellowknife public hearing, Mr. David Wasylciw talked about giving more consideration to the distinction between MLAs and the Ombud.
As well, in response to the committee's public hearing in Hay River on Bill 20, the Hay River Hub published an October 9, 2018 editorial titled, "GNWT doesn't need an Ombudsperson." The writer argues that, "one of the main reasons there's an Ombudsperson in other jurisdictions is the size and complexity of their governments and the remoteness of their politicians from the people." The article suggests that, because of our small population, NWT residents have greater access to territorial politicians and can "take their complaint right to the top of the territorial government."
It is true that the NWT residents do benefit from having political representatives who are accessible and approachable. It is also true that both MLAs and the Ombud can assist people who are having difficulty dealing with the territorial government. However, the tools at their disposal to provide this assistance are very different.
As Regular MLAs, we can rely on our access to and relationship with our Cabinet colleagues to raise issues of concern. We must also, however, rely on the political will of our colleagues to provide assistance with constituency complaints. MLAs have found that it may take months, even years, to get some resolution for their constituents. MLAs also frequently encounter "confidentiality" as a reason why a Minister cannot discuss a constituent's concern in sufficient detail for an MLA to broker a resolution.
The key distinction between an Ombud and an MLA, and one of the main reasons that other jurisdictions, including Yukon, have them, is that Ombuds have broad powers of investigation that MLAs do not. Upon receiving a complaint that the Ombud believes has merit, the Ombud may conduct an investigation. The tools at the Ombud's disposal to do such an investigation are quite powerful.
Clause 26 of Bill 20 gives the Ombud the power to make inquiries, receive confidential information and to hold hearings. The Ombud has the authority to enter any premises occupied by a government authority, talk in private with anyone there; require a person to provide information and produce documents, whether or not that person is still a member or employee of the authority; and to take possession of documents or things and produce copies of them. The Ombud also has the power to summon people and require them to give evidence under oath, if the Ombud believes they have information relevant to an investigation. These powers allow the Ombud to investigate and attempt to resolve matters even where there is no political will to do so.
As well, because the Ombud has the power to undertake investigations on his or her own initiative, the Ombud is uniquely positioned to look into systemic problems where administrative fairness may need improvement. This type of analysis and investigation goes well beyond the mandate, and authority, of an MLA.
Mr. Speaker, I would now like to turn the reading to the Member for Deh Cho.