The Way Forward

Table of Contents

Letter to the Minister

Introduction

Public Policy Parameters

Reporting of Ombudsman

Terms of Employment

Core Jurisdiction and Mandate

Core Constituency

Methodology for the Consultation

General Approach and Layout of the Action Plan

Evolution of the Office of the DND/CF Ombudsman

From Concept to Reality

Somalia – 1993

Report on the Study of Mechanisms of Voice / Complaint Resolution in the Canadian Forces - The Doshen Paper #1 – November 1995

Proposed Implementation Plan - Organizational Ombudsman - The Doshen Paper #2 – July 1996

Abandoning of the Ombudsman Concept

Recommendations of the Special Advisory Group on Military Justice and Military Police Investigation Services in The Dickson Report – March 1997

The Young Report – March 1997

Dishonoured Legacy: The Lessons of the Somalia Affair – June 1997

A Commitment to Change – October 1997

Appointment of the Ombudsman – June 1998

Ombudsman Models

Civilian

Classical Ombudsmen

Concept

Illustrations

Organizational Ombudsmen

Unempowered Ombudsmen

Empowered Organizational Ombudsmen

Military

Classical Ombudsmen

United States Inspector General

Parliamentary Commissioner for the German Armed Forces

Australian Defence Force Ombudsman

Norwegian Ombudsman for the Armed Forces

Swedish Ombudsman

Organizational Ombudsmen

Czech Republic Armed Forces Ombudsman

Netherlands Armed Forces Inspector General

Israeli Defence Force Soldiers' Complaints Commissioner

Analysis

A Blueprint for an Effective and Credible DND/CF Ombudsman

Independance and Impartiality

Principle

Implementation

Relationship between the Ombudsman and the MND

Funding

Staffing

Independent Legal Advice

Delegation of Powers

Immunities

Confidentiality

Principle

General

Impact on Operations

Implementation

Internal Issues

External Issues

Analysis

A Credible Review and Investigative Process

Access to the Ombudsman's Office

Constituency, Core Jurisdiction and Mandate

Mechanisms of Access And Initial Contact

Regional Representation

The Mandate

Preliminary Involvement

Information, Referral and Education

Ombudsman’s Exercise of Discretion

Sufficient Personal Interest

Use of Existing Mechanisms

Public Interest Test

Frivolous, Trivial or Vexatious Complaints

Mandate Invoked

General

Special

Operating Framework

Low Level Ombudsmanry

Investigations

Protection from Reprisal

Malicious or Vexatious Complaints

Obstruction

Reporting

Informal Barometer

Annual Report

Special Reports

Review of Implementation of Recommendations

Conclusion

Appendix I - Recommendations

Appendix II - Consultations and Briefings

Appendix III - DND/CF Complaint Resolution Mechanisms

Appendix IV - Comparitive Study of Selected Ombudsmen Models and Other Similar Agencies - Comparitive Study of Selected Juridictions

Appendix V - DND/CF Ombudsman's Staff

Appendix VI - List of Abbreviations and Acronyms

Bibliography