A Provincial Government Worker Was Abusive to Me

If you believe that a decision or action of a provincial public agency has been unfair, rude, unduly slow, negligent, arbitrary, oppressive or unlawful, you can make a complaint to the BC Ombudsman. The Ombudsman can deal with complaints about provincial government ministries, municipal and regional governments, Crown corporations and government boards. It can also deal with complaints about hospitals, health agencies, schools, colleges, universities and self-regulated professions such as the Law Society, College of Physicians and Surgeons and Registered Nurses Association of British Columbia.

The process below focuses on the provincial Ombudsman, who has no jurisdiction to deal with complaints about federal ministries or agencies. To make a complaint against a federal ministry or agency,call Service Canada at 1-800-622-6232 or visit their website at www.servicecanada.gc.ca. Service Canada will direct you to available internal complaint processes.

First Steps

Make notes of the names of the officials you deal with, their actions and the relevant dates.

1. Keep copies of all relevant documents.
2. If your complaint is about a decision, get reasons for the decision.
3. Ask if the agency has its own process for reviewing or appealing the decision. If so, use it.
4. If your complaint is not resolved by the agency, complete and send in a Complaint Form within one year of the action you are complaining about. [See #41-Ombudsman, in Part 2 of this Guide for contact and website information on the BC Ombudsman complaint process. The website has an online complaint form.]

What will happen next?

You will be contacted by a worker from the Office of the Ombudsman to discuss your complaint. If the complaint proceeds, the public agency will be notified and asked to respond. If this does not resolve the complaint, the Office of the Ombudsman will conduct a further investigation and may make recommendations to the agency and, if necessary, to the legislature. For the most serious issues, the Ombudsman may issue a Public Report.

The Ombudsman does not have the authority to order a public agency to take certain action. However, because the Ombudsman reports directly to the BC Legislature, agencies usually do not ignore the Ombudsman’s recommendations.

If you are not happy with the investigation, you can contact the Manager of Investigations at the Ombudsman’s office.

Where to get help

See Part 2- Resources, starting on page 43, for a list of helpful resources. Your best bets are:

• 41-Ombudsman. The Ombudsman website has “useful contacts” to make complaints about nongovernmental service providers such as lawyers, doctors and banks.
• 33-Law Students’ Legal Advice Program (See “Chapter 20- Public Complaints Procedure”, for useful information on “Complaints Concerning Police Conduct”.)
• 1-Access Justice, #34-Lawyer Referral Service, #51-Salvation Army Pro Bono Lawyer Consultation Program, #45-Private Bar Lawyers.

Your local MLA (Member of the BC Legislative Assembly) may also be willing to help with your complaint against a BC public agency. Call Enquiry BC at 1-800-663-7867 for contact information for your MLA.

Your local MP (Member of Parliament) may also be willing to help you with your complaint against a federal public agency. Call Service Canada at 1-800-622-6232 for contact information for your MP.

Before meeting with a lawyer or advocate, complete the form, Preparing for Your Interview, in Part 3 of this Guide (page 57). Make sure you bring copies of all documents relating to your case.

The Ombudsman may refuse to investigate if you have not used an internal review process. For example, many decisions denying you income assistance benefits can be reviewed and appealed under the Employment and Income Assistance Act. Use that review/appeal process first before going to the Ombudsman.

In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

A court proceeding in which one party sues another for a specific remedy or relief, also called a "lawsuit" or a "case." An action for divorce, for example, is a court proceeding in which the claimant sues the respondent for the relief of a divorce order.

Acts or omissions that are contrary to legislation or the common law. See "lawful."

In law, (1) the federal and provincial governments and their departments and agencies, or (2) lawyers employed by the federal and provincial governments to prosecute criminal offences.

With respect to courts, (1) the authority of the court to hear an action and make orders, (2) the limits of the authority of a particular judicial official, (3) the geographic location of a court, or (4) the territorial limits of a court's authority. With respect to governments, (5) the authority of a government to make legislation as determined by the constitution, or (6) the limits of authority of a particular government agency. See “constitution."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."

In law, to formally deliver documents to a person in a manner that complies with the rules of court. Service may be ordinary (mailed or delivered to a litigant's address for service), personal (hand-delivered to a person), or substituted (performed in a way other than the rules normally require). See "address for delivery," "ordinary service," "personal service" and "substituted service."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

(1) A lawyer or a person other than a lawyer who helps clients with legal issues, or (2) to argue a position on behalf of someone.

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

An application to a higher court for a review of the correctness of a decision of a lower court. A decision of a judge of the Provincial Court of British Columbia can be appealed to the Supreme Court of British Columbia. A decision of a judge of the Supreme Court can be appealed to the Court of Appeal for British Columbia. See "appellant" and "respondent."