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Agenda
Optional 1/2 Day Workshops: Sunday, May 27, 2007
A) 9 am – 12 pm
Basics Training
Are you new or relatively new to an ombudsman job? Is your government, agency, college or university, hospital or other employer thinking about establishing an ombudsman office? Facilitated by a diverse panel representing the private, public, legal and post-secondary sectors, this Basics Training is exactly what you need. This workshop will examine ombudsman history, the key characteristics of an ombudsman – confidentiality, impartiality, neutrality and independence, and the role and scope of ombudsman practice. This session will focus on the practices and values that best meet your needs and interests. Take this opportunity to meet and network with other ombudsmen, new and experienced. Participate in group activities, case studies, and discussions with leaders in the field. This workshop will give you the resources and skills you need for ombudsman work in the future.
B) 1:15 – 4:15 pm
Diversity Training
CULTURAL DIVERSITY - creating an awareness
- What is does cultural diversity mean?
- Cultural diversity and values – a common quest
- How to manage cultural diversity
- Cultural Diversity and employment – a problem or a solution?
- How to negotiate in an intercultural environment
- Creating a link with an intercultual clientele – The Women’s Centre of Montreal experience
6:30 pm – Reception at Montreal’s City Hall
Please RSVP to claudineroy@ville.montreal.qc.ca
Please RSVP to claudineroy@ville.montreal.qc.ca
Reception hosted by the City of Montreal and Mr. Marcel Relative, President of the Montreal City Council. Reception will feature light snacks with wine. An optional Walking Tour of the City will follow for all of those interested.
275 Notre-Dame Street East (At Gosford), Montreal, QC H2Y 1C6
Day 1: Monday, May 28, 2007
8:00am – 8:45am
Continental Breakfast and Registration
8:45am – 9:00am
Welcome and Opening Remarks
Bernard Richard
President
Forum of Canadian Ombudsman
Bernard Richard
President
Forum of Canadian Ombudsman
9:00am – 10:00am
Keynote Address - Universality and diversity of the institution of the ombudsman
Raymonde St-Germain
Ombudsman
Province of Qubec
The theme of the 3rd Biennial Conference of the Forum, "Unique Solutions to Universal Problems", is an invitation to examine what is universal in the problems dealt with by ombudsmen and what is particular. This interaction leads us to search for convergences and to discuss the conditions which make an ombudsman influential and the office recognizable. A broader discussion of the role of the ombudsman, particularly in Canada, then results in revisiting the basics of the effectiveness of the institution, without ignoring the diversity that currently characterizes an ombudsmanship that is expanding and whose practice and goals are constantly evolving.
Raymonde St-Germain
Ombudsman
Province of Qubec
Ms. Raymonde Saint-Germain began her Qubec public service career as an information officer at Ministre des Affaires sociales. Shortly after she began working for the government, she held a variety of management positions in a number of departments dealing with access to information, human rights, communications, and international relations. From 1997 to 2000, she was assistant deputy minister at Ministre des Relations internationales. She subsequently held the positions of deputy minister of relations with the citizens and immigration, Qubec official publisher, and deputy minister of immigration and cultural communities. After working as deputy minister at QubecŐs Ministre des Services gouvernementaux since February 2005, she was appointed Ombudsperson by the Qubec National Assembly on April 13, 2006.
Ms. Saint-Germain holds a bachelorŐs in news and journalism from Universit Laval. She has also completed advanced studies at cole nationale dŐadministration publique (NAP).
10:00am – 10:30am
Greetings from the Brazilian Delegation
The Brazilian delegation will greet the FCO delegation and outline their own ombuds environment.
10:30am – 10:45am
Morning Break
10:45am – 12:15pm
How Sorry Works!
Doug Wojcieszak
Founder
Sorry Works!
Wojcieszak, founder and spokesperson for The Sorry Works! Coalition, will describe how customer service - not political and legal solutions - is the best way to address adverse medical events and limit medical malpractice lawsuits. He will discuss how to provide excellent customer service after adverse events with disclosure and apology programs. Wojcieszak will also discuss how exactly to apologize to patients and families after medical errors.
Doug Wojcieszak
Founder
Sorry Works!
Doug Wojcieszak is a public relations consultant who has had several personal and professional experiences with tort reform and medical malpractice issues. He lost his oldest brother to medical errors in 1998 and his family successfully sued the hospital and doctors with the case settling in 2000. The hospital's attorneys apologized to Wojcieszak's family, but only after the case was settled and money exchanged hands, and they never admitted fault for the incident. Wojcieszak revisited full-disclosure methods and created a marketing term - "Sorry Works!" - to successfully promote apologies for medical errors as the solution to the medical malpractice crisis.
The Sorry Works! Coalition has grown quickly to over 2,000 members nationwide, the website has received over 2 million hits, and the group has been publicized in countless popular and trade publications, including Time Magazine, National Review, National Law Journal, and American Medical Association News. Sorry Works! has become the nation's leading organization advocating full-disclosure as a middle-ground solution to the medical malpractice crisis, and the group's website has become the site for information and updates on the full-disclosure movement.
12:15pm – 1:15pm
Lunch & Presentation of The Forum of Canadian Ombudsman Liz Hoffman Research Award
Liz Hoffman, a founding member of FCO, died in January 2006 at 54. The Forum of Canadian Ombudsman (FCO) has established an annual memorial award to commemorate Liz's outstanding commitment to the ombudsman concept, her service to many ombudsman associations and her commitment to social justice. The $1000 award is given to the author of a research paper on ombudsman work in Canada. This is the first presentation of the award.
1:15pm – 2:00pm
Apologies
Dulcie McCallum
Nova Scotia Review Officer
Nova Scotia Freedom of Information and Protection of Privacy Review Office
A presentation that will focus on when it was important to include a recommendation about an apology as part of investigations both in an Ombudsman and other contexts; Jericho School for the Deaf report, Righting the Wrong: the confinement of the Songs of Freedom Doukhobor children and The Need to Know: Woodlands School Abuse report. When is an apology appropriate? What value does it bring to a divisive confrontational situation? Should it affect legal liability and regardless should that be the test or should an apology be seen as paramount in some instances? Should there be legislation to protect those who want to apologize but fear liability issues? Have apologies become pass or overused? Have recent public examples such as former President Clinton and Seinfeld's Kramer instilled a cynical attitude in the average person about the effectiveness of apologies? What makes an apology truly effective?
Dulcie McCallum
Nova Scotia Review Officer
Nova Scotia Freedom of Information and Protection of Privacy Review Office
Ms. McCallum received her law degree from the University of Victoria in 1981 and was called to the bar in 1983. Her expertise is principally in administrative and human rights law. Over the past 30 years, Ms. McCallum has held positions in private practice and in the public sector. She was Ombudsman for the Province of British Columbia for seven years, until 1999. Since then, Ms. McCallum has worked for government including the administrative review into abuse at Woodlands School resulting in the public report, "The Need to Know." She has also done extensive work in the not for profit sector particularly in the area of rights of people with disabilities, including as an expert representative on the Canadian Delegation to the United Nations for the past four years, to draft and complete the new UN Convention on the Rights of Persons with Disabilities. Ms. McCallum assumed office on February 5, 2007.
2:00pm – 2:45pm
Apologies Đ The Larger Context
Julius Grey
Senior Partner
Grey Casgrain
Mr. Grey will address apologies and freedom of expression, specifically referencing judicial decisions on forced contrition. He will also delve into apologies and their stifling of minority opinions, potentially spreading the danger of the tyranny of ''niceness''. The presentation will then explore the proper use of apology and various forms of reconciliation. Finally, the session will also look at the improper use of apology and obtaining admissions for future cases.
Julius Grey
Senior Partner
Grey Casgrain
Mr. Grey is a Senior Partner with Grey Casgrain in Montreal, Quebec. Mr. Grey is a multilingual attorney and Law Professor with extensive experience in many areas of law, such as administrative law, constitutional law, family law, criminal law and civil law. He has litigated numerous complex cases before the Supreme Court of Canada and the Quebec Court of Appeal, resulting in the establishment of legal precedents. He is also widely published in Canada and abroad as well as an often-invited speaker, lecturer and panellist.
2:45pm – 3:00pm
Afternoon Break
3:00pm – 4:00pm
Panel Discussion on Apologies with the Speakers
Facilitated by Bernard Richard
4:00pm – 5:00pm
A Game of Trust Đ Ombudsman Ontario's Investigation of the Ontario Lottery and Gaming Corporation
Andr Marin
Ombudsman
Province of Ontario
In October 2006, the CBC program, the fifth estate, broke the story of OntarioŐs Lottery and Gaming Corporation's "insider-win" scandal. Subsequently, Ontario Ombudsman Andr Marin's office conducted an investigation and released a scathing report. It states: "Not only did the OLG know there was a problem with insider fraud, it was fully aware that the measures it put in place to guard against retailer fraud were woefully inadequate." Mr. Marin discusses his experience and what changes he hopes the public will eventually see in one of OntarioŐs major sources of revenue.
Andr Marin
Ombudsman
Province of Ontario
Andr Marin was appointed as Ontario's sixth Ombudsman in April 2005. He brings to the Ombudsman's office a highly respected and extensive background in the oversight of public institutions.
Prior to his appointment as Ontario's Provincial Ombudsman, Mr. Marin served as CanadaŐs first Ombudsman for the Department of National Defence and the Canadian Forces (DND/CF) for six-and-a-half years. During that time he was responsible for the investigation of complaints from those serving in the Canadian military, he identified systemic issues and issued recommendations to ensure accountability, transparency and the integration of ethics into Canada's military.
Mr. Marin is considered an expert on creating a credible, impartial and accountable ombudsman office and is often invited to address ombudsman and ethics conferences in Canada and around the world on the issue of accountability of public office holders.
Day 2: Tuesday, May 29, 2007
8:00am – 8:30am
Continental Breakfast
8:30am – 9:30am
Understanding and Responding to Difficult Behaviours
Warren Steiner, MD, FRCPC
Psychiatrist-in-Chief
McGill University Health Centre
Responding effectively to difficult behaviours requires an understanding of how they originate. One way to conceptualize difficult behaviour is by understanding the predisposing, precipitating and perpetuating factors involved. Predisposing factors can include issues intrinsic to an individual such as psychiatric illness, maladaptive personality style or personality disorder, as well as extrinsic issues such as institutional bureaucracy and style. While it is rare that precipitating factors can be addressed, perpetuating factors are often affected by the way an organization responds to problematic behaviour, including the lack of institutional will to address the behaviour, rewarding the behaviour, and the reluctance of respondents and the organization to set limits.
Dr. Steiner will discuss practical strategies for responding effectively to problematic behaviour, including one-on-one strategies and the concept of a team-based response. The team concept will be discussed further in the panel discussion following this presentation.
Warren Steiner, MD, FRCPC
Psychiatrist-in-Chief
McGill University Health Centre
Dr. Steiner completed his medical degree at McGill University in 1983, and then went on to intern at the Allan Memorial Institute and complete his residency at McGill University in Psychiatry. Following training, he joined the staff at the Montreal General Hospital, becoming director of the Psychiatric Intensive Care Unit, Director of Residency Training in Psychiatry and Director of Outpatient and Community Psychiatry. Dr. Steiner is an Associate Professor of Psychiatry at McGill, and is now the Psychiatrist-in-Chief of the McGill University Health Centre.
9:30am – 10:30am
Dealing with Difficult Behaviours; The Intervention Team Approach - Panel and Group Discussion
Chairperson
Kristen Robillard
Ombudsperson
Concordia University
Peter Ct
Advisor, Rights and Responsibilities
Concordia University
Pierre Frgeau
Assistant Secretary General and General Counsel
Concordia University
This panel will focus on the team approach as a useful intervention strategy to respond to difficult behavior. Using Concordia University's system to illustrate, Mr. Ct who coordinates the team, will provide an overview of the approach. Me Frgeau who is a team member will share some important legal considerations. Ms. Robillard will discuss the role of a fairness standards keeper.
Chairperson
Kristen Robillard
Ombudsperson
Concordia University
Ms. Kristen Robillard is the Ombudsperson at Concordia University, a large, multicultural, comprehensive university in Montreal, Quebec with a population of close to 50,000 members. Serving students, administrators, faculty, and staff in resolving university-related concerns and complaints, she has been in the role since the spring of 2000. Prior to joining the University, Ms. Robillard worked for over 10 years in the health and social services sectors in the areas of professional ethics, privacy, access to client information, and client complaints and concerns. She has also lectured at McGill University, supervised graduate internships at both McGill and Concordia, and published in the field of attitudinal and cognitive research involving college and university students with disabilities.
Peter Ct
Advisor, Rights and Responsibilities
Concordia University
Pierre Frgeau
Assistant Secretary General and General Counsel
Concordia University
10:30am – 10:45am
Morning Break
10:45am – 11:30am
FCO Sector Meetings
Each FCO Sector organizes a session for its own members. Come and meet people who work in offices similar to your own. Talk about topics, issues and challenges of particular interest to your sector.
á Legislative Ombudsman and staff
á Public Sector Ombudsman and staff
á Private Sector Ombudsman and staff
á Health Sector Ombudsman and staff
á College and University Ombudsman and staff:
The Association of Canadian College and University Ombudspersons (ACCUO) will hold its Annual General Meeting at this time.
11:30am – 1:00pm
Lunch and AGM (AGM to begin at Noon)
á President's Report
á Financial report and budget
á Election of Board of Directors, Including Officers
á Discussion
1:00pm – 1:45pm
FCO Sector Meetings Continued
1:45pm – 2:45pm
Breakout Session 1
A: Panel : Ombudsman as an Agent of Integrity: Influencing Public Values and Citizenship in our work
Chairperson
Dave McNabb
Deputy Ombudsman
Royal Bank of Canada
Panelist
Selwyn McSween
Ombudsman
York University
Panelist
Patrick Robardet
Mediator and Consultant, Ombuds-Mediation
Panelist
Lynne Casgrain
Ombudsman McGill
University Health Centre
Integrity promotes fairness and good governance in our host institutions. Join us for a 60 minute panel discussion of Ombudsman practice and how it influences and models integrity through casework, systemic recommendations and outreach. Attendees will gain practical understandings of Ombudsman work in Legislatures, specialized Government Departments, Private Organizations and Educational Institutions. To introduce the topic of Ombudsman as an Agent of Integrity, David McNabb Chair of the FCO Research Committee will discuss key points from three recent papers including his own paper, Adjudication Idols and Ombudsman Bridges. Each panelist will review their approach to influencing Integrity in their own context and offer practical suggestions for the audience.
Chairperson
Dave McNabb
Deputy Ombudsman
Royal Bank of Canada
Dave McNabb opened the RBC Office of the Ombudsman in 1996. Dave has extensive experience in consumer dispute resolution and leadership of financial services ombudsman practice in Canada and the practice of mediation in Ontario. Dave joined RBC in 1975.
Panelist
Selwyn McSween
Ombudsman
York University
Panelist
Patrick Robardet
Mediator and Consultant, Ombuds-Mediation
Panelist
Lynne Casgrain
Ombudsman McGill
University Health Centre
B: Thorny Issues (Double Session)
Kevin Fenwick
Ombudsman
Province of Saskatchewan
Odette Lagac
Ombudsman
Universit Laval
This working session will give us an opportunity to think about and discuss issues that challenge ombudsman. The session will look at intervening in a complaint before internal recourses have been exhausted. When, why and under what circumstances should we do it? We will also explore techniques and strategies that maximize the likelihood of getting systemic recommendations implemented. Come prepared to discuss your thoughts, concerns and ideas! Interesting case studies will be examined as well.
Kevin Fenwick
Ombudsman
Province of Saskatchewan
Kevin Fenwick, Q.C. has been Saskatchewan's Ombudsman since 2004. Kevin's background is in law and mediation, having practiced law in private law practice for fifteen years before spending twelve years with The Dispute Resolution Office of Saskatchewan Justice as a mediator, facilitator and conflict resolution trainer. He also served as Chairperson of Saskatchewan's Farm Tenure Arbitration Board.
Kevin believes that the role of the Ombudsman is evolving and that this evolution provides both challenge and opportunity. The "Thorny Issues" discussion will allow us to examine difficult situations in ombudsman work from the perspectives of rights vs. interests, law vs. equity, adversarial advocate vs. collaborative facilitator, and the Ombudsman as promoter of "best practice for fair practice".
Odette Lagac
Ombudsman
Universit Laval
Odette Lagac, Laval's new ombudsman, was sworn in on August 17, at the time of a ceremony which was held in the presence of the members of the direction of the University. Graduating in civil law in 1987, of the Faculty of Law at the University of Montreal, Odette Lagac acquired professional experience in France and in Canada, in private practices as well as within international and para-public organizations. In Paris, from 1991 to 2001, Odette worked successively for Lassez and Associates, the International Chamber of Commerce, and Freshfields Bruckhaus Deringer. Odette was the senior advisor to the Secretariat of the International Court of Administration with the International Chamber of Commerce. Odette Lagac will be Laval's Ombudsman until May 31, 2010.
C: How does an Ombudsman/person Mediate Disputes?
Nora Farrell
Ombudsperson
Ryerson University
Whether mediation is a legitimate part of an ombudsman's toolkit has long been a question. The objective of the session is to determine if mediation can and should be used for resolving disputes within an Ombuds setting. The basic criteria for mediation will be discussed and compared to the responsibilities normally held by ombudsman and their staff. The 'pros and cons' of using mediation in an ombuds context will also be addressed.
Nora Farrell
Ombudsperson
Ryerson University
Previously, Manager of Complaint Resolution/Investigations for Ombudsman Ontario; Nora is the Ombudsperson on a contract basis for private corporations and national and international not-for-profit organizations. She is currently the Ombudsperson for Ryerson University. She received her Master of Laws (LL.M. in Alternative Dispute Resolution) from the Osgoode Hall Law School and her Master of Education (M. Ed. In Adult Education) at the University of British Columbia.
2:45pm – 3:00pm
Afternoon Break
3:00pm – 4:00pm
Breakout Session 2
D: Civil Society, Ombudsmen and the Individual: Some Observations from and about Europe
Josef Leidenfrost
Student Ombudsman
Federal Ministry for Education, Science and Culture, Vienna
Josef Leidenfrost, Student Ombudsman with the Austrian Federal Ministry for Education, Science and Culture and an executive member of the ENOHE Board will present a case study about the development of ombudsmanship in Europe. The movement has touched the academic, public, corporate, and general business sectors in many ways.
Josef Leidenfrost
Student Ombudsman
Federal Ministry for Education, Science and Culture, Vienna
Dr. Josef Leidenfrost, a graduate of Vienna University, Austria, is the head of the Office of the Austrian Student Ombudsman and in charge of complaint / acceptance management and mediation for some 250,000 students at Austrian institutions of higher education. He is one of the founding members of the Amsterdam-based European Network for Ombudsmen in Higher Education.
E: Thorny Issues (Double Session)
This working session will give us an opportunity to think about and discuss issues that challenge ombudsman. The session will look at intervening in a complaint before internal recourses have been exhausted. When, why and under what circumstances should we do it? We will also explore techniques and strategies that maximize the likelihood of getting systemic recommendations implemented. Come prepared to discuss your thoughts, concerns and ideas! Interesting case studies will be examined as well.