June 15, 2005 - 3 — Le Protecteur du citoyen

35th Annual Report of the Protecteur du citoyen (2004–2005)

“This could happen to YOU”

Mission of the Protecteur du citoyen

Correct mistakes, negligence, abuse, and injustice

The role of the Protecteur du citoyen is to protect citizens from errors, abuse, and negligence by Québec government departments and agencies. Its scope of concern is very broad. Close to 100 employees work to ensure the rights of citizens are upheld. They can help citizens obtain social or student aid that they have been denied on insufficient grounds or as a result of inaccurate information. They can convince public employees to be flexible and take individual circumstances into account regarding application deadlines and the repayment of government debts. The Protecteur du citoyen also intervenes in cases involving victims of road or work accidents to ensure they receive the benefits or compensation to which they are entitled. It sees to it that public employees do not force citizens to jump through hoops to get the services to which they are entitled, and it ensures that services are delivered in a timely fashion.

Prevention

The Protecteur du citoyen also plays a preventive role. It frequently proposes changes to laws, bills, and regulations as well as administrative directives, procedures, and policies when it feels such changes will serve the public interest. Once again this year, the Protecteur du citoyen made comments and recommendations to ministers and parliamentarians on the following topics:

Bill 53: Act to amend the Act respecting immigration to Québec

The Protectrice du citoyen argued that the introduction of the “source area” criterion in the selection process of new arrivals could have harmful effects, putting certain groups either at an advantage or disadvantage. She recommended changing the definition of this criterion, which read “a country or group of countries having the same common linguistic, cultural, and economic characteristics, a continent or part of a continent,” to “a country, a continent, or a part of a continent.” This suggestion was accepted.

Bill 57: Individual and Family Assistance Act

The Protectrice du citoyen recommended that provisions limit how much benefits are reduced when individuals must repay a debt. She also proposed these measures begin once beneficiaries gain or regain their independence. The Protectrice du citoyen also requested that the Observatory provided for in the Act to combat poverty and social exclusion be created and a thorough study be conducted on this phenomenon. Considering the government’s willingness to index aid to beneficiaries who suffer from severe employment constraints, the Protectrice du citoyen also stressed that everyone, without exception, is affected by the rise in the cost of living and all beneficiaries should therefore benefit from such indexing. This bill was not passed.

Bill 61: An Act respecting the Agence des partenariats public-privé du Québec

The Protectrice du citoyen drew parliamentarians’ attention to the bill’s shortcomings in terms of ethics and transparency. In concrete terms, she recommended the principles of transparency, equity, quality of services to citizens, and protection of the public interest be specifically spelled out in the act. This recommendation was accepted. As requested by the Protectrice du citoyen, it was also agreed that Agency branches would be subject to auditing by the Auditor General and the Agency would play an advisory rather than promotional role as first envisioned with regard to public-private partnerships. The bill was passed on December 17, 2005.

Bill 83: An Act to amend the Act respecting health services and social services and other legislative provisions

If passed, this bill will confer jurisdiction over the health and social services network on the Protectrice du citoyen, a new task she looks forward to. The Protectrice du citoyen supported the government’s willingness to implement a certification process for seniors’ residences that receive referrals from the health and social services network. However, she recommended this certification also extend to individuals in vulnerable situations, such as those with psychiatric illnesses. She expressed her fear concerning the bill’s provisions that allow personal information to be divulged in certain situations without consent, and requested that the obligation to obtain consent be maintained.

Think you’ve suffered an injustice or error?

The Protecteur du citoyen is impartial, independent, and not part of the government. Its easily accessible services are free and confidential. Here’s where to reach us:

Québec City Office
525, boul. René-Levesque Est
Suite 1.25
Québec City (Québec) G1R 5Y4
Phone: (418) 643-2688
Toll free: 1 800 463-5070
Fax: (418) 643-8759

Montréal Office
1, rue Notre-Dame Est
Suite 11.40
Montréal (Québec) H2Y 1B6
Phone: (514) 873-2032
Toll free: 1 800 361-5804
Fax: (514) 873-4640

Email: protecteur@protecteurducityoyen.qc.ca

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