June 10, 2004 - 3 — Le Protecteur du citoyen

34th Annual Report of the Protecteur du citoyen (2003-2004)

"For the citizen: building on common sense"

Mission of the Protecteur du citoyen

Correction of errors, cases of negligence, unfair treatment or injustices

The mission of the Protecteur du citoyen is to protect citizens against errors, unfair treatment or negligence by Quebec government departments and agencies. Almost 100 employees work to ensure that the rights of citizens are respected. They help citizens to obtain social assistance benefits or student financial assistance that have been refused without sufficient cause or pursuant to inaccurate information. They can convince public officials to be flexible regarding deadlines to present a request matters regarding reimbursement of amounts owed to the State. The Protecteur du citoyen also intervenes in cases involving occupational or road accident victims to ensure that they receive the benefits or compensation that they are entitled to. The Protecteur du citoyen ensures that public officials do not impose unnecessary requirements on citizens for them obtain the services that should be available to them and he ensures that responses to citizens' requests are issued within reasonable time.

In 2003-2004 fiscal year, over twenty thousand (20,000) requests for intervention were addressed to the Protecteur du citoyen. In over 90% of cases, corrections requested by the Protecteur du citoyen of departments and agencies were implemented.

Prevention

The Protecteur du citoyen also plays a preventive role by often proposing changes to laws, bills and regulations as well as administrative guidelines, procedures and policies, always keeping the interests of citizens at heart. This year, the Protecteur du citoyen again issued comments or recommendations to the relevant departments or parliamentarians on the following issues:

Bill 11 – An Act to implement the Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption and to amend various legislative provisions in relation to adoption.

In order to ensure better services and better protect citizens wishing to proceed with an intercountry adoption, the Protecteur du citoyen suggested that the law specify more clearly the division of responsibilities among the various stakeholders. He also insisted that the government explicitly acknowledge its responsibility regarding actions undertaken by the organizations that it so authorized to act.

Bill 20 – An Act to amend the Act respecting the Ministère du Revenu and other legislative provisions

The Protecteur du citoyen expressed its reservations about the extensive powers that this bill grants to the Ministère's public officials and recommended that some investigation methods such as cameras or other electronic surveillance equipment should be used exclusively by the police.

Bill 35 – An Act to amend the Act respecting administrative justice and other legislative provisions

The Protecteur du citoyen recommended that victims of criminal acts, rescuers, as well as certain occupational accident victims, must be provided with easier and more comprehensive access to the Tribunal administratif du Québec should they wish to contest decisions taken regarding compensation.

Draft regulation amending the Regulation respecting daycares and a draft regulation amending the Regulation respecting Childcare centres

While sharing the same concerns with the State regarding the need to guarantee the physical and moral security of children, the Protecteur du citoyen also expressed its concerns about abuse that may occur while screening conserved people a forum which involve the gathering of comprehensive intelligence about all the employees and administration. The Protecteur du citoyen proposed the strict application of protocols to ensure that fundamental values such as the right to privacy are respected.

Ensure a democratic quality of life

The Protecteur du citoyen also expressed concern regarding ampliance to regulations which are essential for the smooth running of a democratic society. This year, it emphasized the need to ensure that the right of individuals and groups to be heard is upheld, i.e. to be consulted properly and to make their points of view known regarding public policies. This is one of the basic elements of the transparency of the State, which is essential for democracy. This principle obviously applies first and foremost to elected officials, who must have the time required to review and discuss bills brought to their attention.

Are you a victim of a government error or injustice?

The Protecteur du citoyen is an impartial entity, independent from the government. The services of the Protecteur du citoyen are easily accessible, free of charge and confidential. Here is how you can reach us.

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