André Marin

André Marin, born January 12, 1965, is the Ombudsman of Ontario. The Office of the Ontario Ombudsman operates in the tradition of the classical legislative ombudsman: It is a fully independent, impartial watchdog agency that oversees the government of Ontario, including about 500 ministries, agencies, corporations, tribunals, boards and commissions. The Ombudsman is appointed by an all-party committee and has a fixed five-year term. His powers are set out in the "Ombudsman Act" [http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90o06_e.htm] .

Early career

Marin has an extensive background in the oversight of public institutions. After graduating from the University of Ottawa law school (magna cum laude) in 1989, he worked as an assistant Crown attorney and part-time professor of law in Ottawa, Canada until 1996. From September 1996 to June 1998, he was director of Ontario’s Special Investigations Unit (SIU), Canada’s only independent civilian agency for investigating incidents in which police officers have caused serious injury or death.

In June 1998, Marin became Canada’s first [http://www.ombudsman.forces.gc.ca/ military ombudsman] , a post he held until April 2005. He set up the office in Ottawa and was responsible for the investigation of complaints from members of the Canadian forces. He pioneered the “Special Ombudsman Response Team” (SORT) for investigating broad systemic issues, such as post-traumatic stress disorder among soldiers, compensation for the families of soldiers who are killed or wounded, and chemical agent testing during World War II. His recommendations as military ombudsman concentrated on ensuring accountability, transparency and strong ethics in the Canadian military.

Achievements as Ombudsman

Appointed as Ombudsman of Ontario in April 2005, Marin revamped the office to handle some 20,000 individual public complaints and inquiries as well as about half a dozen major systemic investigations each year. His "Special Ombudsman Response Team" (SORT) model – a dedicated team of experienced investigators who conduct large-scale field investigations into high-profile, complex issues – has raised the public profile of the Toronto-based Office of the Ombudsman and sparked government changes affecting millions of Ontarians. For example, [http://www.ombudsman.on.ca/en/what-we-do/special-ombudsman-response-team/sort-investigations.aspx/ SORT investigations] have sparked major overhauls of, among other things, the province’s procedures for newborn screening, its property tax assessment system, funding for the disabled and special-needs children, out-of-country medical treatment, crime victim compensation, legal aid and the Ontario Lottery and Gaming Corporation.

Ombudsman mandate

Marin is known for using plain, sometimes blunt language in his reports, and coined the term “rulitis” to describe a government bureaucracy’s slavish adherence to rules at the expense of common sense. He has also repeated the call of his predecessors to have the Ombudsman’s mandate extended to key areas of the public sector that are outside his jurisdiction, although they are funded by provincial tax dollars: This is the so-called MUSH sector, comprising Municipalities, Universities, School Boards and Hospitals, as well as long-term care facilities, children’s aid societies and police. In his 2007 and 2008 [http://www.ombudsman.on.ca/en/publications--resources/annual-reports.aspx/ annual reports] , Marin pointed out that his office receives hundreds of complaints every year from people who have had serious problems with these institutions, but is powerless to help them. He also noted that [http://www.ombudsman.on.ca/en/hot-topics/push-for-mush.aspx/ Ontario lags behind] all other provinces in Canada in extending the Ombudsman's jurisdiction to these areas.

As of January 2008, the Ombudsman’s mandate was extended to include responsibility for enforcing the province’s new open meeting requirements for municipalities. Amendments to the "Ontario Municipal Act" establish a complaints regime whereby members of the public can complain and trigger an investigation if they feel a municipal council, committee or board has improperly met behind closed doors. The Act designates the Ombudsman as the investigator for complaints about closed meetings in all municipalities that have not appointed their own investigator – approximately 200 of Ontario’s 445 municipalities.

To meet this responsibility and to raise awareness of the importance of accountability and transparency in local government, Marin created a new dedicated team in the Ombudsman’s Office in June 2008, called OMLET – the Open Meeting Law Enforcement Team. In February 2008, he investigated complaints about a closed meeting in the City of Greater Sudbury concerning a controversy over an Elton John concert. The city was found not to be in violation of the law but the report recommended greater transparency and provided a wealth of legal research for future interpretation of the law. In October 2008, Marin published the" Sunshine Law Handbook: Open Municipal Meetings in Ontario" [http://www.ombudsman.on.ca/media/31041/sunshine_en.pdf] , to further assist municipal officials and the public in their awareness and interpretation of the new requirements.

Other information

In May 2007, Marin was elected to a two-year term as president of the [http://www.ombudsmanforum.ca/ Forum of Canadian Ombudsman] , representing public and private ombudsmen across the country. He has also served as North American regional vice-president of the International Ombudsman Institute since July 2006.

A sought-after speaker on issues of ethics, oversight and organizational malaise, Marin also shares his office’s expertise with other oversight agencies across Canada and around the world. In 2007 and 2008, he and his staff were asked by the Canadian Conference of Parliamentary Ombudsmen to conduct a course called “Sharpening Your Teeth: Advanced Training for Administrative Watchdogs,” which has been attended by more than 100 administrative investigators and ombudsmen from most Canadian provinces, several Canadian federal agencies and U.S. states, as well as from the U.K., Australia and the Caribbean.

Marin is the sixth Ombudsman of Ontario since the post was created in 1975. His predecessors and their terms of office are: Arthur Maloney (1975-1979), Donald Morand (1979-1984), Daniel Hill (1984-1989), Roberta Jamieson (1989-1999) and Clare Lewis (2000-2005).

Publications

Ontario Ombudsman reports

"Oversight Unseen: Investigation into the Special Investigations Unit's operational effectiveness and credibility", September 2008 [http://www.ombudsman.on.ca/media/30776/siureporteng.pdf]

"The Sunshine Law Handbook: Open Municipal Meetings in Ontario", September 2008 [http://www.ombudsman.on.ca/media/31041/sunshine_en.pdf]

"Annual Report 2007-2008", June 2008 [http://www.ombudsman.on.ca/media/18971/ar08_eng.pdf]

"Building Clarity: Investigation into how the Ministry of Government and Consumer Services represents its relationship with Tarion Warranty Corp. to the public", June 2008 [http://www.ombudsman.on.ca/media/18037/calls_for_clarity_finalreport.pdf]

"Don't Let the Sun Go Down on Me - Opening the Door on the Elton John Ticket Scandal: Investigation into City of Greater Sudbury Council closed meeting of February 20, 2008", April 2008 [http://www.ombudsman.on.ca/media/17276/dont_let_the_sun_sudbury_04252008.pdf]

"A Test of Wills: Investigation into Legal Aid Ontario's role in the funding of the legal defence of Richard Wills", February 2008 [http://www.ombudsman.on.ca/media/3251/a_test_of_wills_20080226.pdf]

"Enlightening Closed Council Sessions: Investigation into Fort Erie Town Council closed meeting of January 7, 2008", February 2008 [http://www.ombudsman.on.ca/media/26796/20080206_ombudsmanspeech.pdf]

"Annual Report 2006-2007", June 2007 [http://www.ombudsman.on.ca/media/14961/2006_2007_ar.pdf]

"A Game of Trust: Investigation into the Ontario Lottery and Gaming Corporation's protection of the public from theft and fraud", March 2007 [http://www.ombudsman.on.ca/media/3268/a_game_of_trust_20070326.pdf]

"Adding Insult to Injury: Investigation into treatment of victims by the Criminal Injuries Compensation Board", February 2007 [http://www.ombudsman.on.ca/media/3271/adding_insult_to_injury_20070227.pdf]

"It's All in the Name: Investigation into the Family Responsibility Office's ineffective enforcement using a writ of seizure and sale", August 2006 [http://www.ombudsman.on.ca/media/3286/its_all_in_the_name_20060809.pdf]

"Annual Report 2005-2006", June 2006 [http://www.ombudsman.on.ca/media/14964/2005_2006_ar.pdf]

"Losing the Waiting Game: Investigation into unreasonable delay at the Ministry of Community and Social Services' Ontario Disability Support Program's Disability Adjudication Unit", May 2006 [http://www.ombudsman.on.ca/media/3289/losing_the_waiting_game_20060531.pdf]

"Getting it Right: Investigation into the transparency of the property assessment process at the Municipal Property Assessment Corporation", March 2006 [http://www.ombudsman.on.ca/media/3283/getting_it_right_20060328.pdf]

"The Right to be Impatient: Investigation into whether the Ministry of Health and Long-Term Care has failed to properly administer newborn screening", September 2005 [http://www.ombudsman.on.ca/media/3292/the_right_to_be_impatient_20050927.pdf]

"From Hope to Despair: Investigation into the Ministry of Health and Long-Term Care's refusal to fund the drug Cystagon for treatment of Batten's Disease", September 2005 [http://www.ombudsman.on.ca/media/3280/from_hope_to_despair_20050901.pdf]

"Between a Rock and a Hard Place: Investigation into the parents of special-needs children being forced to relinquish custody in order to obtain necessary residential care", May 2005 [http://www.ombudsman.on.ca/media/3277/between_a_rock_and_a_hard_place_20050520.pdf]

Selected Canadian Forces Ombudsman reports (for more, see the [http://www.ombudsman.forces.gc.ca/ Canadian Forces Ombudsman website]

"Overhauling Oversight: Ombudsman White Paper", March 2005

"Making Things Right: Unfair treatment by CF grievance system", March 2005

"When a Soldier Falls: Reviewing the response to MCpl Rick Wheeler's accidental death", January 2005

"From Tents to Sheets: An Analysis of the CF experience with third location decompression after deployment", September 2004

"Unfair Deductions from SISIP Payments to Former CF Members": October 2003

"Systemic Treatment of CF Members With PTSD", February 2002

"The Way Forward", January 1999

Other published work

"The Ombudsman in the Justice System: Barometer, Horsefly, Oilcan and Safety Valve", "The Advocates’ Society Journal", Summer 2007

"Innovate or Perish", "Canadian Journal of Administrative Law & Practice" (2007), 20 CASLP 101

"Demonstrating Your Value" (2003), United States Ombudsman Association Conference.

"How To Assess Reliability in Khan and K.G.B. Applications" (1996), 38 C.L.Q. 353.

"The Guide to Investigations and Prosecutions" (Aurora: Canada Law Book, 1995).

"When is an 'Honest but Mistaken Belief in Consent' Defence NOT an 'Honest but Mistaken Belief in Consent' Defence" (1995), 37 C.L.Q. 451.

External links

* [http://www.ombudsman.on.ca/ Ombudsman Ontario website]
* [http://www.ombudsman.forces.gc.ca/ Canadian Forces Ombudsman website]