Photo by Whitehorse Star
Ombudsman Diane McLeod-McKay
Ombudsman takes Yukon government to court
The Yukon Ombudsman’s Office and the territorial government are at legal loggerheads in what’s being called a “unique” case.
The Yukon Ombudsman’s Office and the territorial government are at legal loggerheads in what’s being called a “unique” case.
Last week, Ombudsman Diane McLeod-McKay filed a court petition against the government.
McLeod-McKay has been skirmishing with the government for approximately a year as she tries to investigate a complaint filed against Child and Family Services, a division of the Department of Health and Social Services.
During an interview with the Star on Thursday, McLeod-McKay didn’t reveal many details about the case, but it involves a complaint filed last December.
Government officials have refused to turn over the documents she believes are necessary to properly investigate the complaint, McLeod-McKay said.
Health and Social Services is relying on the provisions of the Yukon Child and Family Services Act for its refusal to provide McLeod-McKay with the documents she has requested.
Yukon officials have refused to honour the request for the information under the assumption that McLeod-McKay’s office doesn’t have the authority to demand them.
Normally, documents relating to child and family service cases are very difficult, if not impossible, to access.
McLeod-McKay disagrees.
It’s her view the Ombudsman Act gives her the power to view the files she believes she needs to finally close the file on the complaint.
McLeod-McKay said she has been stonewalled on the issue – and unable to speak to higher-ranking officials in person. She said the situation has left her with no recourse but to attempt to have the matter settled in the courts.
The case is a first for the Yukon, McLeod-McKay said.
It’s both a practical move to try to resolve the complaint, and a test case for receiving a judicial opinion of the scope of the powers of the Ombudsman and its relationship with the government it monitors at arm’s-length. The decision could be precedent-setting.
She said she knew of somewhat comparable cases in other parts of Canada that led to clarifying the relationship between ombudsman services and other branches of government, although she didn’t have the details at hand.
When the matter was broached in the legislature on Wednesday by the Yukon Party, Justice Minister Tracy-Anne McPhee answered on behalf of Health and Social Services Minister Pauline Frost, to whom the question had been directed.
McPhee said the government would not be commenting on the issue since it’s “before the courts.”
A court date for the petition hasn’t been set yet. McLeod-McKay said there is a 30-day window for the government to respond.
“It will take a while to settle this,” she said.
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Comments (12)
Up 19 Down 0
martin on Dec 21, 2020 at 9:19 pm
@The More You Know; Agree. Absurdity is the constant in the YG; but I long stopped trying to understand it.
Regardless of the office's size, the Ombudsman needs to get access to do the job.
Up 22 Down 3
It’s not funny! on Dec 21, 2020 at 5:37 pm
It’s funny how we can put time limits to the force of the law especially when the grind of a machine like government churns out fresh, bloodied meat everyday with the relative impunity imposed by procedural protections. Honest, open, and accountable... SMH! No one has addressed Minister Mostyn’s assertion of managerial abuse within the Public Service.
It is little wonder that the government would not want to release documents which may either show its incompetence, its practice of abuse, or its tendency to act contrary to its own laws with little or no real possibility of challenge.
Nanana boo-boo... You can’t touch me... Times up! Great fracken system they’ve rigged...
On this issue I applaud McLeod-McKay for her efforts... And rather than think about reducing staffing levels in the office of the Ombudsperson we should think of expanding its scope and giving it more teeth. The government needs to be kept in check because there are too many sociopaths functioning at the managerial level.
The Union has turtled and there is no challenge to management to be better... To do better. Policy is applied in name only and there are very few procedures to support whatever fracked-up, piece of shite, too coarse for bum-wipe, of a policy that does exist... Employees are literally accountable to the particular whimsies of whatever half-baked, feel-good, idea runs through what some people call a mind these day...
It’s embarrassing!
Everyone knows what is going on. It’s about time the balance is restored towards sanity. The people of the Yukon should be ashamed of themselves for allowing this fiasco of a government to have carried on this long. Like a silver bullet at a werewolf the Premier should be - fired!
As for family and children’s services - WTF do you expect - It’s the norm and if the government can welch on a deal... It will.
Up 24 Down 5
The More You Know on Dec 21, 2020 at 7:59 am
@martin - Valuable for sure but certainly in a government the size of the Yukon's it could manage with less. It had 3.5 staff in early 2000s if memory serves. The Yukon should focus more on front line workers like health care and educational assistants and less in policy, HR, communications and bureaucracy policing bureaucracy. Nine employees in an agency with its scope is absurd.
Up 3 Down 8
Jon on Dec 20, 2020 at 11:55 am
The more you know?
I'd say you need to learn more about living wage and expenses, mercy!
Up 54 Down 12
Groucho d'North on Dec 19, 2020 at 10:54 am
We'd be a lot better off if government spent as much time and energy serving the public as they do trying to hide their screw ups. The Pat Duncan Liberals were all about Accountability- the Silver version: Not so much.
Up 42 Down 5
martin on Dec 19, 2020 at 8:39 am
@The More You Know ; If Yukon Ombudsman's Office has a budget and money is well spent for the public to be protected, I don't see a problem. It would be wise to look for savings in the many others many wasteful "budgets" the various governments have.
Up 62 Down 2
Community Gal on Dec 19, 2020 at 7:59 am
If this Court case is heard fairly, then maybe there is hope that a government employee or branch can actually be held accountable for their words and actions. It is sorely needed and would be precedent setting indeed.
Up 47 Down 6
Gringo on Dec 18, 2020 at 7:29 pm
This might be a new term to the liberals...it’s called “full disclosure “...figure it out already.
Up 40 Down 7
Sheepchaser on Dec 18, 2020 at 5:33 pm
The ombudsman’s office must be allowed access to review the full and complete record in this matter. It is not only in the best interest of the child and the family, but in light of several allegations of misconduct and negligence levelled at this department in the last few years, is necessary to restore public faith in the institution.
For how many decades did those in power obscure the facts of residential schools, scoops and other atrocities? Do we need to keep letting the government do this to our children? Let the professional investigator and advocate that is an ombudsman do their job as set out in law. Or perhaps having one minister for three departments is part of the problem? Shall we hold that person to account come the next election? I hope so!!!
Up 115 Down 2
JC on Dec 18, 2020 at 3:27 pm
Good for you Diane McLoud-McKay. Time to show the government isn't above the law.
Up 67 Down 6
The More You Know on Dec 18, 2020 at 3:18 pm
All very interesting. Also interesting to learn that the Yukon Ombudsman's Office has a budget of $1.3 million and a staff of nine. Never change Yukon. Never change.
Up 107 Down 7
TMYK on Dec 18, 2020 at 3:12 pm
So the office set up to help protect people from the government is being told by the government it has no power to fulfill it's mandate. This is a huge black eye for the Liberals. Especially since this was McFee's job before politics!