Letter to Independent Review Authority

29 December 2020

 

Mr. Jean-Philippe Groleau
Davies Ward Phillips & Vineberg LLP 

 

To Independent Review Authority:

Thank you for the opportunity to present to you on 11 December 2020. The recommendation from this office is that the office of the DND/CAF Ombudsman be given permanence and real independence from the DND and CAF by entrenching the office in the National Defence Act and conferring deputy head status to the Ombudsman. This would give permanence to the office and address the challenges of an unworkable governance structure that directly impacts our ability to deliver upon our mandate and serve our constituents.

At the conclusion of the meeting, you asked for several follow-up items:

1. You asked for information on military ombudsman in the international context. Please find attached a chart setting out the information readily available. Notable is the fact that Canada is the only country in the Five Eyes alliance without a legislated military ombudsman.
2. You asked for information on organizational ombudsman in the federal context. Please find attached a chart detailing the various ombuds-type organizations in the federal system. Notable is the fact that there is a proliferation of such intra-departmental organizations following the statement of the Clerk of the Privy Council following the #MeToo movement.
3. You asked for evidence to support the position of this office that the lack of a legislated mandate, particularly the lack of deputy head status, interferes with the operational independence of the office of the Ombudsman. The report entitled the Case for a Permanent and Independent Ombudsman Office dated March 2017 provides concrete examples of how the lack of deputy head status causes challenges for the operational functioning of the office. This report has previously been provided to you. Also attached is a chart that we have prepared to provide a snapshot of the supportive evidence that demonstrates that the issues are more than merely theoretical or mere administrative inconveniences.

This letter along with the three charts and our 2017 report form the submission of the DND/CAF Ombudsman to the Independent Review Authority. Should you require any further information or clarifications, please let us know.

Once again, thank you for the consideration that you are giving this recommendation.

Yours truly,

 

Gregory A. Lick

Ombudsman

Attachments (3):

1. International Ombuds Institutions
2. Ombuds Institutions in the Federal Public Sector
3. Operational Impact on DND/CAF Ombudsman’s Office