June 14, 2006 - 3 — Le Protecteur du citoyen

36th Annual Report of the Protecteur du citoyen (2005-2006)

Easy, accessible, effective recourse

The Protecteur du citoyen obtains redress in more than 8 out of 10 substantiated cases

Québec City, June 14, 2006 – Commenting on the Protecteur du citoyen’s 2005–2006 Annual Report tabled earlier at the National Assembly, the Protector, Ms.Raymonde Saint-Germain, pointed to the organization’s success in resolving 8 out of 10 substantiated cases submitted by the public in favor of those who submitted them. She believes that the generally positive relationships developed over the years with the public service contribute to obtain these encouraging results. «The Protecteur du citoyen can only make recommendations. It took our team persuasion and close cooperation with the departments and agencies in question to achieve such results. However, the ultimate objective is 100%,» added Ms. Saint-Germain.

In the year ended March 31, 2006, the institution received 18,283 complaints. The greatest number of complaints were against those departments and agencies that offer the most services directly to the public. The highest percentage of substantiated claims this year was against the Registrar of Civil Status, now under the authority of the ministère de la Justice; the Student Assistance loan and scholarship program by the ministère de l’Éducation, du Loisir et des Sports; the Société de l’assurance automobile du Québec; and the Régie du logement.

Still wait times

The vast majority of complaints concern the time taken to hand down decisions or issue cheques or required documents. For example, in 2005 the SAAQ took an average of 101 days to forward medical opinions, compared to 66 days in 2001. Medical opinions are required to rule on the inability to work or finalize permanent disability assessments, which is the first step in analyzing a file to determine the amount of benefits an applicant will receive.

Another example is the student assistance program by the ministère de l’Éducation, du Loisir et du Sport (MELS), which issues financial assistance and manages loans and scholarships. Most complaints are about wait times and mistakes in calculating amounts, as well as late payments and problems reaching the office by phone. The computer system (Contact) used for monthly student assistance payments since April 2004 caused errors again this year. Student complaints show that in addition to the computer system itself, there is also need for more human and personalized management of applications. The Contact system alone does not explain why the number of substantiated complaints has continued to rise over the past 5 years, while the number is falling at other departments and agencies. The percentage of complaints against the MELS that proved substantiated (44.6%) was considerably higher than the average for all complaints filed with the Protecteur du citoyen (29%) in 2005–2006.

The number of substantiated complaints against the Registrar of Civil Status has also increased, with wait times for certificates rising from 7 to 35 days.

«Unreasonable wait times have real impacts on people’s lives. The Protecteur du citoyen has no choice but to take up the cause of Quebecers waiting for funds they need and are entitled to, or documents vital to their work, studies, or travels,» declared the Protector.

Correctional services

Noting the Protecteur du citoyen’s special responsibility for those who are incarcerated, Ms. Saint-Germain drew attention to their situation (which is also addressed in the Annual Report) as the province gears up to progressively implement the Act respecting the Québec correctional system.

Over 3,000 calls were again received in 2005–2006. For a number of years, substantiated complaints to the Protecteur du citoyen have primarily been with regard to overcrowding in jails. Most complaints filed by inmates and the accused held in the 18 detention centers under Québec jurisdiction were about the consequences of their many transfers. This is an issue the Protecteur du citoyen can act on. The most common complaints have been about detainees being moved far from their families, facing expensive long distance calls, and their medical information not being transferred from one center to the next. Worse, the Protector is concerned about the impacts these many transfers have on social reintegration measures.

Referring to the news that the Act respecting the Québec correctional system would be implemented in early 2007, the Protector stressed that this act would bring very welcome and beneficial progress that the Protecteur du citoyen has long strived to achieve.

The Protecteur du citoyen holds that improved support for social integration will promote the long term security of society as a whole. The act includes a series of statements on the powers and obligations of correctional services in this respect, including detainee assessment. Implementation of the act with regard to overcrowding is expected to improve the situation, and the Protecteur du citoyen will keep a close eye on the matter.

The Protecteur du citoyen's mission

The Protecteur de citoyen does much more than simply field complaints from the public. It expresses its point of view to parliamentary committees, providing informed opinions based on public complaints and its team’s experience. The Protecteur du citoyen works at the source, detecting problems before they occur and attempting to prevent them that so that the public’s rights are respected.

During the year ended March 31, 2005, the institution presented its observations and comments on eight bills and two draft regulations. To protect vulnerable people and those in difficult circumstances, the Protecteur du citoyen intervened on Bill No. 57, the Individual and Family Assistance Act, to ask that the criteria be relaxed for cutting benefits by $100 for recipients who live with their parents. It also recommended withdrawing the measure entitling the government to seize a portion of recipients’ employment assistance benefits if they fall behind on their rent. In addition, the Protecteur du citoyen successfully convinced the legislature to make certification mandatory for private residences for seniors at the time of the examination regarding the Act to amend the Act respecting health services and social services and other legislative provisions.

It also worked to preserve forms of public recourse, notably by recommending that the ministère de l’Emploi et de la Solidarité sociale continue to offer an independent complaint handling structure. Moreover, it recommends that people living next to snowmobile and quad trails have their right to take legal recourse reinstated. When the Youth Protection Act was being studied, the Protecteur du citoyen recommended that people wishing to file complaints be entitled to do so confidentially and without fear of reprisal.

As the Annual Report shows, the Protecteur du citoyen’s activities cover a wide range of fields and all facets of life in Québec, from social assistance, the environment, and detention to municipal affairs, transportation, public security, education, housing, and accident compensation. This mission has been even broader since April 1 with the integration of the Protector of Health and Social Service Users. «The Protecteur du citoyen offers easy, free, and effective recourse to Quebecers who are dissatisfied with the services of the Québec government or its health and social service establishments. Our primary goal is to find solutions for them when they feel that their rights have been infringed,» she concluded.

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Source : Le Protecteur du citoyen

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