Bill that would give N.W.T. ombud more reach gains traction

A bill that would expand the N.W.T. ombud's investigative reach is on its way to a final debate after receiving support — and a change — at the committee level this week.

The office of the ombud is an independent body that's meant to hear and investigate complaints from people who feel they've been treated unfairly by territorial departments and agencies. It also helps find solutions. 

But the existing legislation has gaps that force the office to turn people away, Colette Langlois, the N.W.T.'s ombud, told the standing committee on government operations last month. If it passes, Bill 61 would fix that, she said. 

"It feels bad when we have to turn someone away when they have complaints that fit with our mandate, as we've described it … and it's really hard to explain why," she said.

The current Ombud Act has a list of public bodies that can be investigated. But if a particular organization isn't on that list — Langlois's office can't investigate it, even if it's public. For example, housing authorities are on the list, but housing associations are not, even though both types of organizations carry out the same responsibilities.

The proposed changes to the legislation would give Langlois's office the capacity to investigate complaints about more public bodies, including housing associations. She said it would also bring the legislation in line with other provinces and territories, and would capture any new agencies that are created in the future. 

The bill would also mean she could investigate matters as far back as April 1, 1999. Right now, she can only investigate complaints beyond Jan. 1, 2016. 

"I'm really passionate about this and I'm anxious to be able to help more people with the work we do," said Langlois back in December. "This bill closes a lot of gaps and if it passes, it will certainly help us help the public." 

Yellowknife North MLA Rylund Johnson is sponsoring the bill. It was also intended to give Langlois the capacity to investigate other statutory officers — like those who work for the Human Rights Commission — but that part was removed Wednesday by the territory's standing committee on government operations. 

"Sometimes [statutory] officers inherently bristle at anything that is perceived [as] intervening on their authority. They are arm's length, and I get that," he told the committee. "But it's worth noting that the ombud investigations are purely recommendations. She has no order making power. They are non-binding." 

The bill, as it stands, would also mean the ombud can give more notice of her investigations to Indigenous organizations if the public body being investigated — for example, the Tłı̨chǫ Community Services Agency — is the result of an agreement between the territorial government and an Indigenous government. 

Johnson said R.J. Simpson, the territory's justice minister, does not support the bill. Johnson said he's fairly confident the bill can be passed without the minister's support, making it one of the the "very, very rare" examples of a private member's bill being passed despite opposition from the cabinet.

A committee of the whole will review the bill and then it will be brought to the floor during the next session of the Legislative Assembly for a further debate and a vote.