Essentials for Ombuds

• The importance of the Ombudsman role
• History of the Ombuds role and diversity of roles
• Guiding principles and mandatory attributes
  – Independence
  – Impartiality
  – Accountability
  – Confidentiality
  – Administrative law framework (the foundation of Ombuds work)
• Practical application of Ombuds theory (this session will include case studies and small group work)

Faculty

• Nora Farrell, Ombuds Practitioner, Ph.D., LL.M. (Osgoode)
• Shirley R. Nakata, Ombudsperson for Students, University of British Columbia

• Fundamental values: respect and fairness
  – What is fairness?
  – The Fairness Triangle: substantive, procedural, interpersonal
  – Preventative Ombudsing: training, commenting on policy and bills (as appropriate)
• Collaborative Ombudsing and relationship building strategies
• Preparation of the case summary
  – Importance of rigorous and scrupulous review and presentation of the facts determined and conclusions reached
  – Framework of the summary (relevant issues, explanation of the investigation process, relevant evidence and credibility, standard to apply and assess fairness)
  – Length of summary and level of detail required
• Intake
  – Written and oral concerns
  – Capturing the narrative and the essence of the issue(s)
  – Determining the basic information needed
  – Resolving concerns at intake
  – Confidentiality
  – Dealing with difficult complainants (e.g. unreasonable demands on time and resources, high level of entitlement, individuals with frightening behaviour)
• Early and ongoing resolution techniques
  – Provision and/or clarification of information or explanation
  – Negotiation
  – Mediation
  – Shuttle diplomacy
  – Conflict coachin
  – Preliminary fact finding
  – Dealing with difficult complainants
• Trauma-informed communication and complaint-handling
  – Putting mental health matters in perspective

Faculty

• Paul Dubé, Ombudsman, Ombudsman Ontario
• Charles Murray, Integrity Commissioner, Province of New Brunswick
• David Paradiso, Deputy Ombudsperson, Office of the British Columbia Ombudsperson
• Michelle Rossi, Executive Director, Patient Ombudsman
• Rachel Warren, Executive Director, Intake and Investigation, Office of the British Columbia Ombudsperson

• Information gathering and assessment
• Analyzing the concerns submitted
  – Identifying the real issue(s)
  – Identifying those with an interest, and those who may be affected by the issue
• Preparing the information gathering process:
  – Refining the issues
  – Preparing an investigation plan
  – Identifying the questions that must be addressed
  – Identifying those who may have relevant information
  – Identifying other sources of information (e.g. documents, statistics, policies and procedures and the media)
  – Preparing a potential interviewee list and determining the order of interviews
  – Deciding if and how to visit locations, premises, taking photographs, etc.
• Concluding an Informational Interview
  – Prior review of all available information
  – Preparing questions
  – Explaining the role and encouraging cooperation
  – Asking appropriate questions
  – Note taking and/or recording interviews; pros and cons, addressing confidentiality issues
  – Testing the veracity of the information
  – Dealing with inconsistent and incoherent information
  – Dealing with unwillingness to be interviewed (e.g. strategies for those without subpoena power; cost benefit analysis on the use of subpoena for those who have that authority)
• Assessment of evidence
  – Direct and circumstantial information
• Dealing with conflicting information
  – Determining the appropriate standard and burden of proof
  – Relevance, credibility and weight of evidence
  – Determining if additional evidence is needed for assessing fairness or to confirm possible solutions
  – Cooperative resolution techniques
  – Open discussion and diplomacy
  – Mediation
  – Negotiation
• Recommendations
  – Shaping credible and convincing recommendations
• Determining appropriate remedies
• The purpose of the remedy – specific solution to individual contentions and/or viable long term solution to a systemic problem(s)
• Exercise: drafting and critiquing case summaries for use as reporting letters and for inclusion in reports

Faculty

• Jay Chalke, Ombudsperson, Province of British Columbia
• Barbara Finlay, Deputy Ombudsman, Province of Ontario
• Beth George, Senior Investigator, Alberta Ombudsman

• The “Capture” concept and how it applies to the Ombuds role
• Trend Analysis
• Discussion of the importance of having systems in place as it relates to the following:
  i) collecting statistics for the purpose of trend analysis
  ii) using statistics correctly
  iii) identifying potential systemic and system-wide issues
  iv) process used by each Office for making decisions about how best to address
• Exercise: doing a trend analysis
• Keynote: “Speaking Truth to Power” from the indigenous point of view
• Indigenous approaches to complaints and ombuds work

Roundtable Panel Discussion: “Speaking Truth to Power”
The day concludes with a roundtable discussion with ombuds who have had extensive experience with issuing reports in controversial and/or difficult circumstances. There will be ample opportunity for questions and discussion.

Faculty

• Kwame Addo, Ombudsman, City of Toronto
• Jay Chalke, Ombudsperson, Province of British Columbia
• Ian Darling, Chair, Condominium Tribunal for Ontario, Former Ombudsperson for Tarion Warranty Corporation and Former Ombudsperson for Fanshawe College
• Ghizaal Haress, Visiting Scholar, Massey College and Faculty of Law, University of Toronto; former Ombudsperson, Islamic Republic of Afghanistan
• Sophie Petrillo, Ombudsman, Hydro One
• Jennifer Moore Rattray, Chief Operating Officer, Southern Chief’s Organization; Ministerial Special Representative, Call for Justice 1.7 Government of Canada (2023); former Executive Director, National Inquiry into Missing and Murdered Indigenous Women and Girls
• Craig Thompson, Patient Ombudsman (Ontario)

• Effective writing for professionals

A take-home assignment will be distributed at the end of Day 5. Participants must attend all 5 days and successfully complete the assignment to receive the Osgoode/FCO Certificate.

Faculty

• Jane Griesdorf, The Writing Consultants