André Marin
Encyclopedia
André Marin is the Ombudsman of Ontario
Ontario
Ontario is a province of Canada, located in east-central Canada. It is Canada's most populous province and second largest in total area. It is home to the nation's most populous city, Toronto, and the nation's capital, Ottawa....

. He was appointed in April 2005 and reappointed in June 2010 to a second five-year term. In April 2009, he was selected to receive the Ontario Bar Association's Tom Marshall Award, given annually in recognition of outstanding contributions by a public sector lawyer.

The office of the Ontario Ombudsman
Ontario Ombudsman
The Ontario Ombudsman is an independent officer of the provincial legislature in Ontario, Canada. In the tradition of the classical parliamentary Ombudsman first established in Sweden in 1809, Ontario's Ombudsman oversees and investigates public complaints about the government of Ontario, including...

 operates in the tradition of the classical legislative ombudsman
Ombudsman
An ombudsman is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing not only but mostly the broad scope of constituent interests...

: It is a fully independent, impartial watchdog agency that oversees the government of Ontario
Government of Ontario
The Government of Ontario refers to the provincial government of the province of Ontario, Canada. Its powers and structure are set out in the Constitution Act, 1867....

, 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.

Early career

Marin has an extensive background in the oversight of public institutions. After graduating from the University of Ottawa
University of Ottawa
The University of Ottawa is a bilingual, research-intensive, non-denominational, international university in Ottawa, Ontario. It is one of the oldest universities in Canada. It was originally established as the College of Bytown in 1848 by the Missionary Oblates of Mary Immaculate...

 law school (magna cum laude) in 1989, he worked as an assistant Crown attorney and part-time professor of law in Ottawa
Ottawa
Ottawa is the capital of Canada, the second largest city in the Province of Ontario, and the fourth largest city in the country. The city is located on the south bank of the Ottawa River in the eastern portion of Southern Ontario...

, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

 until 1996. From September 1996 to June 1998, he was director of Ontario’s Special Investigations Unit
Special Investigations Unit
The Special Investigations Unit of Ontario, Canada, is a civilian agency responsible for investigating circumstances involving police and civilians that have resulted in a death, serious injury, or allegations of sexual assault. However all full-time SIU investigators are former law enforcement...

 (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 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 Ontario Ombudsman

Marin is the sixth Ombudsman of Ontario since 1975 and the first to be reappointed. He 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, 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
Ontario Lottery and Gaming Corporation
The Ontario Lottery and Gaming Corporation , known for corporate branding purposes simply as OLG since 2006, is a Crown Corporation of the Government of Ontario, Canada. It is responsible for the province's lotteries, charity and Aboriginal casinos, commercial casinos, and slot machines at...

. SORT's investigative methods have been emulated by administrative watchdogs around the world.

In November 2011, the Office of the Ontario Ombudsman, under Marin's guidance, launched a mobile version of the office's website. This 'web app', believed to be the first of its kind in the ombudsman world, will let mobile users browse the Office's website more quickly and efficiently. They will be able to file an online complaint from their mobile device, as well as search the full site and read Ombudsman Ontario news and reports.http://www.ombudsman.on.ca/Newsroom/Press-Release/2011/Ontario-Ombudsman-launches-mobile-app.aspx?lang=en-CA

Ontario 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 annual reports, Marin summarizes the hundreds of complaints that his office is forced to turn away every year from people who have had serious problems with these institutions. He also notes that Ontario lags behind all other provinces in Canada in Ombudsman oversight of 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 Greater Sudbury concerning a controversy over an Elton John
Elton John
Sir Elton Hercules John, CBE, Hon DMus is an English rock singer-songwriter, composer, pianist and occasional actor...

 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 to further assist municipal officials and the public in their awareness and interpretation of the new requirements. The Handbook was distributed to every municipal councillor and clerk in the province and is also available to the public. Results of OMLET investigations are made public by the relevant municipalities and on the Ombudsman's website.

Other information

In May 2007, Marin was elected to a two-year term as president of the 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
International Ombudsman Institute
The International Ombudsman Institute was established in 1978 as an independent global organisation to help more than 150 independent local, regional and national Ombudsman institutions to cooperate...

 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. Since 2007, his office has conducted an annual training course in Toronto called “Sharpening Your Teeth: Advanced Training for Administrative Watchdogs,” which has been attended by several hundred administrative investigators and ombudsmen from Canadian federal and provincial agencies, several U.S. states and federal departments, as well as from across Europe, the Caribbean, Australia, South America and Asia. The course, supported by the International Ombudsman Institute, has also been delivered overseas on five continents - always on a complete cost-recovery basis.

As a longtime advocate for transparency and openness in government, Marin embraced social media in 2009, becoming the first Ombudsman in Canada to launch Facebook and Twitter accounts. His investigation of the expansion of police powers for the 2010 G20 summit meeting in Toronto was the first Ombudsman investigation to incorporate social media as investigative tools, as well as for communications. His 2010-2011 Annual Report called on the province to be more transparent by supporting "open government" practices and new technologies. He also announced a "web app" was in the works to allow Ontarians to access the Ombudsman's office more easily via smartphone.

Marin's predecessors as Ombudsman of Ontario and their terms of office are as follows: Arthur Maloney (1975–1979), Donald Morand (1979–1984), Daniel Hill (1984–1989), Roberta Jamieson (1989–1999) and Clare Lewis (2000–2005).

Awards

In 2009, Marin was awarded the Ontario Bar Association’s Tom Marshall Award of Excellence, which honours outstanding achievements in the practice of public sector law in Ontario. http://www.ombudsman.on.ca/Newsroom/Press-Release/2009/Ombudsman-Andre-Marin-to-receive-Ontario-Bar-Assoc.aspx

In 2011, he was honoured with an Order of Merit, awarded by the Civil Law Section of the University of Ottawa's Faculty of Law. The award is the Civil Law Section’s highest distinction, recognizing alumni who have made remarkable contributions to the legal profession and demonstrated exceptional community and social engagement. http://www.ombudsman.on.ca/Newsroom/Press-Release/2011/Ombudsman-Andre-Marin-receives-University-of-Ottaw.aspx Marin was also celebrated by the Carleton University Alumni Association, receiving their highest alumni honour, the A.D. Dunton Alumni Award of Distinction. http://www.ombudsman.on.ca/Newsroom/Press-Release/2011/Ombudsman-Andre-Marin-to-receive-Carleton-Universi.aspx

Publications

Ontario Ombudsman reports

Annual Report 2010-2011, June 2011 http://www.ombudsman.on.ca/Files/sitemedia/Documents/Resources/Reports/Annual/2011OmbudsmanAR_E.pdf

Caught in the Act: Investigation into The Ministry of Community Safety and Correctional Services’ conduct in relation to Ontario Regulation 233/10
under the Public Works Protection Act", December 2010. http://www.ombudsman.on.ca/Ombudsman/files/58/581252d9-1809-4291-831b-88e9adb480c5.pdf

The LHIN Spin: Investigation into the Hamilton Niagara Haldimand Brant Local Health Integration Network's use of community engagement in its decision-making process", August 2010. http://www.ombudsman.on.ca/Ombudsman/files/31/31d83f5f-d195-48b4-be4c-b2f889268ba5.pdf

Annual Report 2009-2010, June 2010 http://www.ombudsman.on.ca/Ombudsman/files/cb/cb50ccdf-d437-4d36-b9a6-c3e7279ea2ab.pdf

A Vast Injustice: Investigation into the Ministry of Health and Long-Term Care’s decision-making concerning the funding of Avastin for colorectal cancer patients, September 2009. http://www.ombudsman.on.ca/Ombudsman/files/74/741f6135-a88d-46cc-a306-4361e70d252d.pdf

Too Cool For School Too: Investigation into Cambrian College’s administration of its Health Information Management Program and the oversight provided by the Ministry of Training, Colleges and Universities, August 2009. http://www.ombudsman.on.ca/Ombudsman/files/6e/6e2c7c3f-e4bb-4dbc-a4dc-5c38a884cb8b.pdf

Too Cool For School: Investigation into the Ministry of Training, Colleges and Universities’ Oversight of Bestech Academy Inc. and Enforcement of the Private Career Colleges Act, July 2009 http://www.ombudsman.on.ca/Files/sitemedia/Documents/Investigations/SORT%20Investigations/bestechfinal_en.pdf

Annual Report 2008-2009, June 2009 http://www.ombudsman.on.ca/Ombudsman/files/ef/ef402c76-4a36-47fb-a83d-5d61510a495f.pdf

Pirating Our Property: Investigation Into the City Oshawa's Failure to Co-operate, April 2009 http://www.ombudsman.on.ca/Ombudsman/files/c9/c9373264-8d92-4881-8683-ce271f45a86e.pdf

The ABCs of Education and Training: Investigation into the City of Oshawa Development Services Committee Special Meeting of May 22, 2008, March 2009 http://www.ombudsman.on.ca/media/44626/oshawamay08final.pdf

Investigation into the Counil of the Township of Baldwin's Closed Meeting of July 14, 2008, March 2009 http://www.ombudsman.on.ca/Files/sitemedia/Documents/Resources/Reports/Municipal/baldwin_en.pdf

Investigation into the Council of the Township of Nipissing's Special Meeting of April 25, 2008, February 2009 http://www.ombudsman.on.ca/Files/Sitemedia/Documents/Resources/Reports/Municipal/nipissingfinaleng.pdf

Municipal Government By Stealth: Investigation into the Council of the Township of Emo's Closed Meeting of April 8, 2008, January 2009 http://www.ombudsman.on.ca/Files/sitemedia/Documents/Resources/Reports/Municipal/emofinaleng.pdf

Oversight Unseen: Investigation into the Special Investigations Unit's operational effectiveness and credibility, September 2008 http://www.ombudsman.on.ca/Ombudsman/files/8a/8acb8114-b212-42b5-8221-3d5e4e95a3f1.pdf

The Sunshine Law Handbook: Open Municipal Meetings in Ontario, September 2008 http://www.ombudsman.on.ca/Files/sitemedia/Documents/Resources/sunshinelaw-en.pdf

Annual Report 2007-2008, June 2008 http://www.ombudsman.on.ca/Ombudsman/files/14/148f8aa7-74f9-4b20-9ad6-82ad76daffae.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/Ombudsman/files/05/05c9fc2b-93f1-4174-951e-7bc13b55a37d.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/Files/sitemedia/Documents/Resources/Reports/Municipal/sudburyreporteng2.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/Ombudsman/files/e5/e54239da-b9d4-4906-ba91-e40d4f49ec49.pdf

Enlightening Closed Council Sessions: Investigation into Fort Erie Town Council closed meeting of January 7, 2008, February 2008 http://www.ombudsman.on.ca/Files/Sitemedia/Documents/Resources/Reports/Municipal/fort-erie-closed-meeting-final.pdf

Annual Report 2006-2007, June 2007 http://www.ombudsman.on.ca/Ombudsman/files/c4/c4ab902d-6d8b-4c5e-bb22-6ccda8f4e7ae.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/Ombudsman/files/46/46b07c62-9f83-4ef3-90a4-ab7f25726941.pdf

Adding Insult to Injury: Investigation into treatment of victims by the Criminal Injuries Compensation Board, February 2007 http://www.ombudsman.on.ca/Ombudsman/files/e5/e52c6dc0-696d-4c77-a6fe-d91c14101b32.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/Ombudsman/files/58/58c87244-fcfe-4912-b638-7e82a37245b6.pdf

Annual Report 2005-2006, June 2006 http://www.ombudsman.on.ca/Ombudsman/files/c6/c6d79ea5-a85f-4b6e-b6aa-951fe8244c6e.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/Ombudsman/files/ae/ae2674ad-d703-4a55-9bc9-b2422db55dec.pdf

Getting it Right: Investigation into the transparency of the property assessment process at the Municipal Property Assessment Corporation
Municipal Property Assessment Corporation
-About MPAC:The Municipal Property Assessment Corporation, or MPAC, administers property assessments and appeals of assessment in the Province of Ontario...

, March 2006 http://www.ombudsman.on.ca/Ombudsman/files/eb/eb0b7d56-2860-4543-ba0e-28ac7e4a395c.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/Ombudsman/files/56/56a3553b-35ef-4d23-bafa-01535cca6628.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/Ombudsman/files/4b/4bb54e07-eaf6-43c6-b3ea-44a2a3f00f6b.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/Ombudsman/files/8d/8d42b2f4-3cd1-4a30-8c63-0f8f849338bc.pdf

Selected Canadian Forces Ombudsman reports

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

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