MANITOBA OMBUDSMAN
MANITOBAOMBUDSMAN2008ANNUAL REPORT
750 – 500 Portage AvenueWinnipeg, Manitoba R3C 3X1Telephone: (204) 982-9130Toll Free in Manitoba:1-800-665-0531Fax: (204) 942-7803E-mail: ombudsma@ombudsman.mb.ca500 av. Portage, Pièce 750Winnipeg (MB) R3C 3X1Téléphone : (204) 982-9130Sans frais au Manitoba :1 800 665-0531Télécopieur : (204) 942-7803Courriel : ombudsma@ombudsman.mb.caMarch 31, 2009The Honourable George HickesSpeaker of the Legislative AssemblyProvince of ManitobaRoom 244 Legislative BuildingWinnipeg MB R3C 0V8Dear Mr. Speaker:In accordance with section 42 of The Ombudsman Act, subsections 58(1) and 37(1) of TheFreedom of Information and Protection of Privacy Act and The Personal Health InformationAct respectively, and subsection 26(1) of The Public Interest Disclosure Act, I am pleased tosubmit the Annual Report of the Ombudsman for the calendar year January 1, 2008 toDecember 31, 2008.Yours truly,Original signed byIrene A. HamiltonManitoba Ombudsman
TABLE OF CONTENTSA MESSAGE FROM THE OMBUDSMAN4OUTREACH AND EDUCATION ACTIVITIES88999101213COMMUNITY OUTREACHMUNICIPAL OUTREACHCORRECTIONS OUTREACHRIGHT TO KNOWEDUCATIONAL SERVICESORGANIZATIONAL DEVELOPMENTCULTURAL COMPETENCYTHE OFFICE OF THE OMBUDSMAN151516202324THE INTAKE SERVICES TEAMTHE OMBUDSMAN DIVISIONTHE ACCESS AND PRIVACY DIVISIONBUDGET AND STAFFING 2008/09ORGANIZATIONAL CHARTREPORT ON ACTIVITIES OF THE OMBUDSMAN DIVISION25ACTIVITIES OF THE OMBUDSMAN DIVISION26FOLLOW-UP ON 2007 CONCERNS2727293030313233HIGH RISK/HIGH NEEDS INMATESTHOMPSON HOLDING CELLSMANITOBA PUBLIC INSURANCE PREMIUM REFUNDSINAPPROPRIATE DETENTION OF YOUTHINQUEST REPORTINGUPDATE ON CHILD WELFARE REVIEWCHILD DEATH REVIEWSSYSTEMIC INVESTIGATIONS353535EMPLOYMENT AND INCOME ASSISTANCEWATER STEWARDSHIPMUNICIPAL FAIRNESS PROJECT38CASES OF INTEREST - PROVINCIAL GOVERNMENT4040424445PROTECTION FOR PERSONS IN CARE OFFICEPUBLIC UTILITIES BOARDWORKERS COMPENSATION BOARDEMPLOYMENT AND INCOME ASSISTANCEManitoba Ombudsman 2008 Annual Report2
MANITOBA AGRICULTURE SERVICES CORPORATIONMANITOBA CORRECTIONS4850CASES OF INTEREST - MUNICIPAL GOVERNMENT55555758RURAL MUNICIPALITY OF LAC DU BONNETRURAL MUNICIPALITY OF PARKRURAL MUNICIPALITY OF DALYTHE PUBLIC INTEREST DISCLOSURE(WHISTLEBLOWER PROTECTION) ACT61REPORT ON ACTIVITIES OF THE ACCESS AND PRIVACY DIVISION62OVERVIEW OF 20086364656668FIPPA AND PHIA AMENDMENTSSAFEGUARDING PERSONAL AND PERSONAL HEALTH INFORMATIONDEALING WITH A PRIVACY BREACHEXPLAINING DECISIONS TO REFUSE ACCESS TO INFORMATIONCASES OF INTERESTPROACTIVE REVIEWSENHANCED IDENTITY CARDS/ENHANCED DRIVERS LICENCESVIDEO SURVEILLANCE IN DOWNTOWN STREETS BY WINNIPEG POLICE SERVICETHE ELECTRONIC HEALTH RECORDRECOMMENDATION CASESFOLLOW-UP ON COMPLIANCE WITH RECOMMENDATIONS MADE IN 200771717277808486STATISTICAL OVERVIEW88STATISTICAL REVIEW OF 2008 FOR THE OMBUDSMAN DIVISION909195CASES IN 2008 BY ACT, DEPARTMENT AND DISPOSITIONDEFINITION OF DISPOSITIONSSTATISTICAL REVIEW OF 2008 FOR THE ACCESS AND PRIVACY DIVISIONOVERVIEW OF ACCESS COMPLAINTS OPENED IN 2008OVERVIEW OF ACCESS COMPLAINTS CLOSED IN 2008OVERVIEW OF PRIVACY COMPLAINTS OPENED IN 2008OVERVIEW OF PRIVACY COMPLAINTS CLOSED IN 2008TYPES OF CASES OPENED IN 2008DISTRIBUTION OF CASES OPENED IN 2008CASES IN 2008 BY ACT, PUBLIC BODY/TRUSTEE AND DISPOSITIONDEFINITION OF DISPOSITIONSManitoba Ombudsman 2008 Annual Report396979798989999100104
A MESSAGE FROM THE OMBUDSMANIn 2008, my office continued to engage in outreach and education activities designed to meetManitobans in their home communities, to promote fairness in administrative decisionmaking, and to increase awareness of access and privacy issues.Many of the cases I report on arising under The Ombudsman Act relate to complaints allegingthat government’s actions and decisions were unfair. They are a collection of cases that,taken together, demonstrate both the requirements of fairness in administrative decisionmaking and some of the ways in which administrative decisions or actions can fall short ofmeeting those requirements.Provincial and municipal government bodies are interested in achieving fairness inadministrative decision making, and we are working with both to improve the understandingof fairness. Our investigations of complaints from a nurse, a farm couple, an injured workerand an environmentalist all resulted in enhancements to the fairness of specific decisionmaking processes.On a broader scale, we undertook an extensive education program to enhance fairness inmunicipal decision making. In cooperation with Manitoba Intergovernmental Affairs, theAssociation of Manitoba Municipalities, and the Manitoba Municipal Administrators’Association, we produced Understanding Fairness, a practical guide to fairness for municipaldecision makers.In 2008, we concluded our first investigation into an allegation of wrongdoing under ThePublic Interest Disclosure (Whistleblower Protection) Act. Although our investigationconcluded that there was no wrongdoing as defined under the Act, we made recommendationsfor administrative improvements that were accepted by the entity about which the disclosurehad been made.Manitoba Ombudsman 2008 Annual Report4
Under The Freedom of Information and Protection of Privacy Act (FIPPA) and The PersonalHealth Information Act (PHIA), I report on a number of proactive reviews of governmentinitiatives with significant privacy implications. My role under these statutes is that ofinformation and privacy commissioner. It is a dual role; educator and consultant on the onehand, and watchdog on the other. Performing that role requires that I work cooperatively withpublic bodies to enhance their understanding of the legislation and enhance privacyprotections as new programs are designed, while maintaining public confidence in theneutrality of my office.I am pleased to report that in 2008, my office was able to successfully fulfill that role byworking with the Winnipeg Police Service on a pilot project involving the use of ClosedCircuit Television Cameras in public places, and with the provincial government andManitoba Public Insurance on their Enhanced Identity Card/Enhanced Driver’s Licence (EIC/EDL) program. I believe that in both cases, our involvement resulted in greater awareness ofprivacy issues and improved privacy protection for the public.With respect to access to information, I have noted a particular concern about the continuinginability of public bodies to provide meaningful reasons for their decisions when denyingrequests for information. Fairness and transparency require that decision makers explain thereasons for their decisions to the people affected. FIPPA and PHIA require that applicants begiven the reasons for the refusal and the specific provision of the Act on which the refusal isbased.Complaints about refusal of access form the bulk of our investigation caseload under FIPPA.In many of our investigations, the public body involved has been unable to provide adequateexplanations for its decisions. This raises a question about the soundness of the decisions, aswell as a concern about the public body’s ability to respond adequately to the public and tomy office.Manitoba Ombudsman 2008 Annual Report5
I have reported as well on an ongoing concern about the inability of Manitoba Conservation tocomply with the requirements of FIPPA. Its inability to meet statutory time limits or to complywith my recommendations, even after it accepted those recommendations, is unacceptable.On a positive note, on October 9, 2008, amendments to FIPPA and PHIA were passed. In theamendments, an Information and Privacy Adjudicator is created who will be an independentofficer of the Legislative Assembly. The role of the Adjudicator will be to review, at myrequest, any access or privacy matter related to the recommendations I have made in a reportabout an investigation of a complaint under Part 5 of FIPPA or PHIA. The Adjudicator willhave the power to order compliance with the legislation. At the time of writing this report, theseamendments have not been proclaimed in force.Last year, I reported on a number of long-standing concerns, including the practice of holdingintoxicated youth in a correctional facility (the Manitoba Youth Centre) under The IntoxicatedPersons Detention Act. I suggested that the ministers responsible impose a deadline to end thisinappropriate practice.While the problem has not yet been resolved, I am pleased to report that government hasadvised that it is in discussions with a private community agency regarding the feasibility ofusing their premises as a site for detaining intoxicated youth. We have been advised that thedepartment is confident that a resolution will be forthcoming.I also reported last year on my concern for people living with mental illnesses or mentaldisabilities who are detained in provincial correctional centres, and suggested that responsibilityfor addressing the needs of these high risk/high needs inmates goes beyond Manitoba Justicealone.In 2008, we participated in various meetings with Corrections, Family Services and Housing,Manitoba Ombudsman 2008 Annual Report6
and Community Mental Health for the purpose of bringing together the departments to enhanceand improve the continuity of care in the areas of release planning and reintegration in thecommunity.I have also raised concerns around limitations of the current Cross Departmental Protocols forHigh Risk/High Needs adults that exist between Manitoba Health and Healthy Living,Manitoba Family Services and Housing, and Manitoba Justice. The three departments haveagreed to revisit the current protocols in light of our concerns.Although some progress has been made, my office continues to have significant concernregarding the incarceration of high risk/high needs individuals who are unable to meet theconditions of bail because the systems they need to rely upon cannot find suitable communityplacements. We will continue to pursue this matter in 2009.I would like to thank my colleagues in the Office of the Ombudsman for their hard work anddedicated service to the public. The mandate and responsibilities of the office have expandedconsiderably in the four years that I have been in this position, with the addition ofresponsibilities for reviews of recommendations made in relation to the deaths of children incare, and investigations into allegations of wrongdoing made by whistleblowers. Although thestaffing in the office has not increased as the mandate has expanded, we continue to provideservice to the public on matters of importance to Manitobans, and achieve improvements inadministration through our work.Manitoba Ombudsman 2008 Annual Report7
OUTREACH AND EDUCATION ACTIVITIESCOMMUNITY OUTREACHOne of our goals is to meet with Manitobans in their own communities. These meetings aredesigned to enhance awareness of the mandate of the office, provide general information andrespond to specific local concerns.This year, community outreach activities again took us to Thompson and The Pas. Over a twoday period presentations were made to employees of the City of Thompson, BurntwoodRegional Health Authority, Thompson Immigrant Women’s Association and students andteachers at R.D. Parker Collegiate in Thompson. We also presented at the University Collegeof the North (The Pas campus).For most of a week in October, an office team visited Winkler, Altona, Steinbach and Portage laPrairie. We met with municipal officials from all of these communities, and healthprofessionals and administrators from Eden Mental Health Centre, Boundary Trails HealthCentre and the Central Manitoba Regional Health Authority. In Winkler, I was especiallypleased to speak with new Canadians at South Central Settlement and Employment Servicesand students and teachers at Winkler Elementary School.As well, we made Joining the Herd presentations to 14 schools around Manitoba, includingeight in Winnipeg.Staff from my office participated in the 2008 Law Day Open House at the Winnipeg LawCourts. My office has been participating in this annual public event for almost 20 years andagain had an exhibitor table where we distributed information and informally discussed our roleand function with the public.Manitoba Ombudsman 2008 Annual Report8
MUNICIPAL OUTREACH2008 was a year of significant relationship building between my office and Manitobamunicipalities. In June, managers from my office attended the seven district meetings of theAssociation of Manitoba Municipalities. This provided an opportunity for us to talk to over 600municipal leaders from 173 municipalities about the role and function of our office. InSeptember 2008, we attended seven district meetings of the Manitoba MunicipalAdministrators’ Association, speaking to chief administrative officers, assistant chiefadministrative officers and other municipal staff.We worked with the Municipal Services Branch of Manitoba Intergovernmental Affairs, theAssociation of Manitoba Municipalities and the Manitoba Municipal Administrators’Association to develop an educational project aimed at elected municipal officials andadministrators. In November, we attended the annual convention of the Association ofManitoba Municipalities in Winnipeg. During two separate breakout sessions, we discussedfairness requirements in municipal decision making. As well, we distributed over 200Understanding Fairness folders, containing information about the Ombudsman and alsoFairness Checklists created specifically for municipal decision makers.CORRECTIONS OUTREACHWe continue our outreach activities in youth correctional centres and the women’s correctionalcentre in Portage la Prairie. These activities include quarterly talks at the women’s facility andsemi-annual presentations for youth regarding the services my office provides. This affordsboth staff and residents an opportunity to identify issues. We were also privileged to attend thePow Wow at Agassiz Youth Centre.RIGHT TO KNOWFor the third consecutive year, a manager in my office chaired the Manitoba Right to KnowCommittee, leading Manitobans’ participation in activities marking international Right to KnowDay (September 28) and Right to Know Week (celebrated September 29 – October 3, 2008).Manitoba Ombudsman 2008 Annual Report9
The international Right to Know movement promotes the individual’s right of access toinformation held by government and public institutions.As part of the Right to Know Week celebrations, we invited Alasdair Roberts, Professor of Lawand Public Policy at Suffolk University in Boston, to Winnipeg. Dr. Roberts gave a fascinatingpresentation titled, “Blacked Out: Government Secrecy in the Information Age” at theUniversity of Winnipeg to members of the public. Assistant Information Commissioner ofCanada, Suzanne Legault also visited Manitoba for Right to Know Week. Madame Legaultpresented “Moderniser l’accès a l’information au Canada: de crieur public au villagemondial.” (Modernizing Access to Information in Canada: From Town Crier to GlobalVillage) at College universitaire de Saint-Boniface, the first local public event on Right toKnow in French.EDUCATIONAL SERVICESInforming Public ServantsOver the past four years, my office has committed to providing information to public servantsabout our role, function and perspective on the oversight work that we do under TheOmbudsman Act, The Freedom of Information and Protection of Privacy Act (FIPPA) and ThePersonal Health Information Act (PHIA).Our educational sessions on administrative fairness and compliance with access and privacylegislation have now been introduced in the City of Winnipeg Corporate Education Calendar.We continued our monthly series of Brown Bag Talks at our Winnipeg office where, withAccess and Privacy Coordinators, we discuss thorny issues and our interpretation of FIPPA andPHIA. We also presented Brown Bag Talks to health administrators and other professionals atthe Brandon, Burntwood, and Central Manitoba Regional Health Authorities.Informing Private Sector Health ProfessionalsPrivate sector health professionals are defined as “trustees” under The Personal HealthInformation Act and have statutory obligations to protect patients’ personal health information.Manitoba Ombudsman 2008 Annual Report10
There are thousands of registered or licensed health professionals working in the province towhom PHIA applies. To assist in providing information about the Act to all healthprofessionals, we again teamed up with colleagues from Manitoba Health and met with theregulatory bodies that govern these professions. We were invited to provide day-longworkshops to members of two of these professions – the College of Registered PsychiatricNurses (on how our two Divisions can help them help their patients) and the College ofPodiatrists of Manitoba (on PHIA issues). These workshops allowed us to tailor ourpresentations specifically to the services provided by these particular professionals.Informing Municipal LeadershipFollowing up on our municipal outreach in 2008, we undertook a substantial education projectaimed specifically at municipal leadership. After discussions with the ManitobaIntergovernmental Affairs and the Association of Manitoba Municipalities, we beganproduction of a document titled Understanding Fairness, a comprehensive guide to fairnessdesigned specifically for municipal decision makers. Understanding Fairness was completedin 2008 and distributed in early 2009.Understanding Fairness is intended to assist municipal councillors and administrators toachieve fairness in the important and challenging work that they do, and to provide municipalleaders with the tools to help promote fairness and make it the standard of practice.A copy of Understanding Fairness is included on the CD format of this Annual Report in OtherPublications and is also available on our website at www.ombudsman.mb.ca.Informing Correctional OfficersIn our last annual report, I commented on the volume of complaints we receive from inmates inprovincial correctional centres. Our ability to address these complaints quickly and thoroughlyis enhanced by an excellent working relationship between my office and Manitoba Corrections.Manitoba Ombudsman 2008 Annual Report11
Both my office and Manitoba Corrections believe that it is important for all correctional staff tounderstand the role and function of the Manitoba Ombudsman in relation to correctionalcomplaints. For the past several years, my office has been providing training sessions to allcorrectional officer recruit classes. In 2008, my staff presented to nine correctional officerrecruit classes.There are hundreds of men and women employed by Manitoba Corrections and it is notpossible for our office to provide onsite presentations to all staff. In 2008, our office developeda training tool that would be accessible to all correctional staff in the field. We created anelectronic Correctional Officers Presentation that Manitoba Corrections can utilize at any time.We believe that this information is an excellent resource for correctional staff who have dailyinteraction with individuals incarcerated in provincial correctional centres.ORGANIZATIONAL DEVELOPMENTIn the work that we do, we find it particularly valuable to share insights and discuss issues withcolleagues from other oversight offices across the country.In February, investigators from our Access and Privacy Division participated in a NationalPrivacy Investigators meeting in Ottawa, organized by the federal Privacy Commissioner’sOffice. Two colleagues from my office presented at this conference, speaking on“Investigations of Verbal Disclosures of Recorded Information” and “Approaches to Intake andEarly Resolution.”In May, several people from my office attended the 2008 Manitoba Access and PrivacyConference in Winnipeg. Three of my colleagues presented “Avoiding Access Pitfalls: Advicefrom the Ombudsman” and “Collection: Where Privacy Begins.” I was pleased to share myviews in a
manitoba ombudsman 2008 annual report 3 manitoba agriculture services corporation 48 manitoba corrections 50 cases of interest - municipal government 55 rural municipality of lac du bonnet 55 rural municipality of park 57 rural municipality of daly 58 the public interest disclosure (whistleblower protection) act 61 report on activities of the access and privacy division 62
Manitoba Education and Training Cataloguing in Publication Data Mental math : grade 12 essential mathematics ISBN: 978-0-7711-8029-3 (print) ISBN: 978-0-7711-8030-9 (pdf) 1. Mathematics—Study and teaching (Secondary)—Manitoba. 2. Mental arithmetic—Study and teaching (Secondary)—Manitoba. I. Manitoba. Manitoba Education and Training. 510.712
proceedings, the Ombudsman may refer the matter to the appropriate authorities. If the Ombudsman decides to publish a report of the investigative findings, conclusions, and recommendations, and the report is critical of a specific agency, the agency is given an opportunity to reply to the report, and the unedited reply is attached to the report.
Repeal 3 The Manitoba Building Code, Manitoba Regulation 127/2006, is repealed. Abrogation 3 Le Code du bâtiment du Manitoba, R.M. 127/2006, est abrogé. Coming into force 4(1) Subject to subsection (2), this regulation comes into force on April 1, 2011. Entrée en vigueur 4(1) Sous réserve du paragraphe (2), le présent règlement entre en vigueur le 1 er avril 2011.
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Elder Affairs also operates an Assisted Living Ombudsman Program. The Assisted Living Ombudsman helps to resolve problems or conflicts that arise between an ALR and its residents. To contact an Assisted Living Ombudsman you may call Elder Affairs at (617) 727-7750 or 1-800-AGE- INFO (1-800-243-4636).
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Introduction to Phonetics for Students of English, French, German and Spanish This Introduction to Phonetics was originally a booklet produced in the School of Modern Languages at the University of Southampton, to serve as a background and further reading text for the Articulatory Phonetics component of our first-year Linguistics unit. It focuses on the structure and linguistic function of .
