TABLING OF THE 2009-2010 ANNUAL REPORT OF THE QUÉBEC OMBUDSMAN - THE QUÉBEC
OMBUDSPERSON CRITICIZES A NUMBER OF SITUATIONS THAT ARE PREJUDICIAL TO
CITIZENS
QUÉBEC CITY, Sept. 30 2010 /CNW Telbec/ - In her annual report, tabled today in the National Assembly, Québec Ombudsperson Raymonde Saint-Germain spoke of certain dysfunctions in the public services, which she described as "deficiencies for which solutions are urgently required". She was particularly critical of situations in which administrative expediency took priority over citizens' needs, not only in government departments and agencies, but also in health and social services network institutions.
PERSISTENT PROBLEMS IN VARIOUS GOVERNMENT DEPARTMENTS AND AGENCIES: SOME EXAMPLES
Unacceptably long delays at the Régie du logement - The Québec Ombudsman is concerned about the long delays that citizens must still face before obtaining a hearing or decision from the Régie du logement. According to the most recent datas, the average delay for a first hearing in civil proceedings is 17.3 months. In addition, tenants and landlords are often told, at their initial hearing, that the case is being postponed, often for several additional months. One citizen had to wait 1,375 days between his initial application and the final hearing. To make matters worse, it is now possible for individual citizens to file successive applications for revocation of a decision, thereby suspending enforcement of that decision indefinitely. Procedural abuse such as this increases the number of hearings before the Régie du logement, at a time when the delays are already unreasonable. (p. 68 and 69)
The Ministère de la Justice must simplify the cumbersome process used to adjust support payments - Every year, the Québec Ombudsman receives complaints concerning the need for a court decision to change or cancel a support payment, even in cases where the former spouses have agreed on the amount. This process is both costly and long. In its 2006-2007 Annual Report, the Québec Ombudsman recommended that the Civil Code and the Code of Civil Procedure be amended to relax the process. During the year, the Ombudsperson asked the Minister of Justice to intervene directly. The Minister has confirmed that she is treating this issue as a priority, and that her Department is working to find a solution that will help parents to obtain "revised rulings at little cost". (p. 50)
The public prescription drug insurance plan: complex conditions that are difficult for citizens to understand - Almost 15 years after the public drug insurance plan was first introduced, people still find it difficult to understand its various conditions. As a result, some citizens register for the plan when they are not eligible, and are required to pay high penalties. In one case, the Régie reclaimed $28,500 from a person who had been a member of a professional order for several years but did not know she was obliged to join its private insurance plan. The Québec Ombudsman believes the Régie should intensify its efforts to publicize the conditions of its plan. (p. 64 and 65)
The Curateur public must review its fees and expenses - The Québec Ombudsman believes the Curateur public must review some of the expenses and fees it charges to the people it represents. In particular, the Québec Ombudsman received a complaint from a woman who had been charged an annual fee of $73 for administration of an insurance policy that cost her only $1,99 per month - in other words, one-third of the fee charged by the Curateur public. Other complaints also revealed that the Curateur public's fees cancelled out the Shelter Allowance benefits received by some of its wards to help them pay for suitable accommodation. (p. 39 and 40)
Constantly increasing waiting times at the Tribunal administratif du Québec - Despite the Tribunal's best efforts, the situation continues to deteriorate. The inventory of cases has increased by 20% in the last two years (from 7,161 to 8,618), and the average processing time grew from 19 to 21 months. The situation is somewhat worrying, because the citizens who approach the Tribunal often find themselves in difficult situations. For example, they may be facing financial difficulties because of a decision to refuse or terminate their income replacement benefit, and are hoping for a favourable ruling from the Tribunal. The Tribunal should therefore be in a position to process and resolve applications as quickly as possible. (p. 79 and 80)
Social reinsertion: in the public interest - The Québec Ombudsman has asked the Ministère de la Sécurité publique to give official status to the social reinsertion plan presented last February. The Ombudsman is also concerned by the steadily increasing rate of parole waivers, which affects inmates' chances of reinsertion. Detention centres' overcrowding continues to be a problem, and the addition of places in temporary modular buildings at the facilities in Québec City, Trois-Rivières and Sherbrooke, combined with the re-opening of "A" Wing at the Montreal facility, have not been sufficient to meet the needs of Québec's correctional network. (p. 56)
Citizens must pay for the mistakes made by the Commission administrative des régimes de retraite et d'assurance - By law, the Commission cannot cancel debts caused by its own mistakes. Pension recipients are sometimes asked to reimburse large amounts of money, even when the overpayment was the result of a mistake by the Commission that they could not reasonably have detected. (p. 29)
SITUATIONS AFFECTING THE HEALTH OR WELL-BEING OF CITIZENS: SOME EXAMPLES
The Québec Ombudsperson criticized the Ministère de la Santé et des Services sociaux for not being more vigorous in fulfilling its guidance and support role when implementing its policies, by correcting recurrent problems in the network. Below are some examples:
Poor living environments in certain residential resources for seniors - Intermediary resources and long-term residential care centres must apply the departmental guidelines concerning the provision of a quality living environment that meets users' needs. However, some centres and resources have been slow to adjust their practices. Everyday activities, including hygiene and meals, are not always respectful of the residents' needs and pace of life. Other chronic problems exist in institutions where residents are not appropriately grouped, where, for example, lucid people with reduced mobility may end up with people who exhibit cognitive loss and invasive wandering problems. These situations seriously compromise the residents' quality of life and enjoyment of their living environment. (p. 97 and 98)
Access to end-of-life palliative care: Deficiencies in acute care units and in some residential centres - Outside dedicated palliative care units, end-of-life situations are sometimes not managed properly. The Québec Ombudsman observed deficiencies in the approach used and support given to patients and their families, and a lack of respect for their dignity and privacy. (p. 110, 111, 112 and 113)
The Québec Ombudsman is deeply concerned about the question of access to home support services - Access to home support services is crucial, given their importance in relieving congestion in emergency wards and reducing the demand for residential care centres. Once again this year, the Québec Ombudsman identified a number of problems, related in particular to needs assessment, the criteria used to establish priority, and the requirement for certain client groups to pay for home help services. (p. 115)
Services for people with physical and mental disabilities: It is urgent to curtail the shift in waiting time - The Access Plan stipulates that service begins at the first meeting, when the service worker gathers information on the user's needs. Between this moment and the provision of rehabilitation services, however, service workers must evaluate the patient's needs, establish priorities and develop an intervention plan. Only after all these steps have been completed can the services themselves actually be given. Between each of these steps, weeks or even months may elapse, during which time users are told they are no longer waiting, since under the terms of their Access Plan, their services have already begun. This is nothing more than a "shift" in waiting time, a practice that must be ended. (p. 92 and 93)
Taking better charge of patients in emergency rooms: real steps have not yet been taken to ensure that all patients have access to front-line services - The Québec Ombudsman has not yet received a satisfactory response to the recommendation it made last year concerning triage in emergency rooms. Once again this year, a number of unfortunate situations arose because users whose condition was considered "less urgent" (level 4) or "not urgent" (level 5) upon arrival in the emergency room were not reassessed as indicated in the professional practice guide entitled Le triage à l'urgence. (p. 110)
Confinement of people whose mental state presents a danger to themselves or to others should be structured and used only as a last resort- The Québec Ombudsman continues to observe failures to comply with the Act respecting the protection of persons whose mental state presents a danger to themselves or to others, to all three types of forced confinement, namely preventive confinement, temporary confinement and institutional confinement. It is imperative for the MSSS to formulate guidelines that will direct and standardize the application of the legal framework governing all types of forced confinement, and effectively control its implementation. (p. 103, 104 and 105)
The Secrétariat à l'adoption internationale must exercise more vigilance and control over the activities of accredited agencies - An investigation by the Québec Ombudsman revealed administrative confusion and lack of rigour on the part of an international adoption agency certified by the Ministère de la Santé et des Services sociaux. These failures on the part of the agency ultimately compromised the adoption projects of certain applicants who, because of the accumulated delays, were no longer eligible to adopt due to the new age limit introduced by the country of origin. The Québec Ombudsman was critical of the fact that the Secrétariat à l'adoption internationale had not been more vigilant in preventing the situation revealed by its investigation. In addition, the Québec Ombudsman noted that the supply of services for international adoption applicants needs to be consolidated, in particular with regard to preparation for international adoption and access to post-adoption services. (p. 88)
APPENDIX
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REAL LIFE EXPERIENCES: CASES ILLUSTRATING THE COMPLAINTS AND
REPORTS PRESENTED IN THE ANNUAL REPORT
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Public Service Pages
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Centre de services partagés 28
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Commission administrative des régimes de retraite
et d'assurances 29
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Commission d'accès à l'information 31
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Commission de la santé et de la sécurité du travail 32
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Curateur public 37, 38, 39, 40
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Ministère de l'Emploi et de la Solidarité sociale 47 and 48
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Ministère des Finances 58
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Ministère des Ressources naturelles et de la Faune 59
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Ministère du Revenu 63
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Régie de l'assurance maladie du Québec 65
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Régie des rentes 67
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Régie du logement 68 and 69
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Société de l'assurance automobile du Québec 72, 73 and 74
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Health and Social Services Pages
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Complaint examination system 87
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Adoption 88
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Physical disability, mental disability and
pervasive developmental disorders 92 and 94
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Accomodation of people with age-related loss
of independence 98 and 99
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Troubled youth 102
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Mental health 104
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Physical health 111
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For further information: Joanne Trudel, Communications Manager, 418 644-0510, [email protected], www.protecteurducitoyen.qc.ca; Source: The Québec Ombudsman
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