Whitehorse Daily Star

Ombudsman seeks expansion in authority

Diane McLeod-McKay wants to see the Yukon Ombudsman’s powers expanded to allow the independent officer of the legislative assembly to initiate his or her own investigations, rather than having to wait for a complaint.

By Taylor Blewett on April 19, 2018

Diane McLeod-McKay wants to see the Yukon Ombudsman’s powers expanded to allow the independent officer of the legislative assembly to initiate his or her own investigations, rather than having to wait for a complaint.

In every other Canadian jurisdiction with an ombudsman, the office has that authority.

As the current Yukon Ombudsman, McLeod-McKay noted in her 2017 annual report, tabled in the legislative assembly this week, that there have been instances in the past year where her office would have liked to have been able to investigate a potential unfairness in the delivery of government services.

“A number of news stories came to the attention of our office that, in our view, warranted an ombudsman investigation,” she explained in her report.

“Because the ombudsman has no authority to launch an investigation or even to make comments about these issues, they were never examined.”

Asked for examples in a Wednesday interview with the Star, she raised recent media reports of alleged wrongdoing in Yukon government youth group homes.

This particular matter is slated for review by the Yukon Child and Youth Advocate Office, McLeod-McKay noted, and that someone is looking into it is the important thing.

“But if it weren’t, and I didn’t get a complaint, then there would be nothing that I could do,” she explained.

“There’s lots of things that come up where the public I think would be served if there was some independent evaluation of services and programs, and I think that that would also bring more credibility to the overall governance system in the territory.”

The Yukon Ombudsman, Information and Privacy Commissioner and Public Interest Disclosure Commissioner all have their investigative powers limited by their respective legislation to those matters on which they receive complaints.

McLeod-McKay, who currently wears all of those hats, would like to see investigative authority expanded in all three offices.

“There’s been a real reluctance by the legislative assembly here to pass any legislation for my particular roles to have any of my own power to launch my own investigations,” she said.

In her report, McLeod-McKay specifically outlined her plan to push for changes to the Ombudsman Act in her next five-year term as ombudsman, which will start in June.

The act doesn’t have a review provision, so she’s planning to approach the Speaker of the legislative assembly, responsible for the act, “and at least start having the discussion, and see if there’s any interest in taking a look at the act and modernizing it that way.

“It will be up to the powers that be at the end of the day to decide whether or not that’s an authority that should be added. I think it’s necessary, but they may feel differently.”

The Star was not able to connect with Speaker Nils Clarke prior to this afternoon’s press deadline.

Comments (3)

Up 0 Down 0

Yukon Watchdog on Apr 25, 2018 at 4:12 pm

Yes, yes and yes again. Give that woman what she needs to keep government honest.
I have the utmost respect for your work, Ms. McLeod-McKay. You've been making great strides in that office. Keep up the great work!

Up 2 Down 0

But they don't on Apr 19, 2018 at 5:26 pm

Senior management controls Yukon Government agencies when it comes to cases against them.

Up 2 Down 0

ProScience Greenie on Apr 19, 2018 at 2:47 pm

Absolutely. Let them freely put everything under the microscope and swing the hammer as required to give us a more transparent, honest and efficient government, no matter what party is at the helm. Fund and staff as required.

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