Cases / Reports

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Maintaining Connections

Shortly after OmbudsPEI began operations in February 2022, we began receiving complaints from inmates at the Provincial Correctional Centre (PCC) about who they were permitted to contact by telephone. We learned that PCC required inmates to submit telephone numbers for approval in advance and it could take more than a week for numbers to be…

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Fair Representation

OmbudsPEI received two complaints alleging that Legal Aid unfairly denied or cancelled their applications for representation. One complainant was initially accepted, however their first meeting with their Legal Aid lawyer ended abruptly after only a few minutes with the Legal Aid lawyer deciding they wouldn’t represent the complainant after all. No reason for this was…

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Registering for Care

An individual who is waiting for a family doctor or nurse practitioner on PEI’s Provincial Patient Registry contacted our office to complain that they believed the registry was being misused or ignored by practitioners. The individual had reason to believe that medical practitioners in their community were taking on patients who had not been on…

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Knowing the Rules

A person incarcerated at PEI’s Provincial Correctional Centre (PCC) contacted us to complain that they were not able to access the written set of rules and policies the centre expected offenders to follow. They felt because they were unaware of the rules and expectations, they were consistently getting in trouble for breaking those rules. We…

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Social Media Matters

An individual complained that the Rural Municipality of Breadalbane was conducting Council business on private social media pages and refusing to provide members of the public with minutes of two Council meetings. In both instances, the complainant believed the Municipality was breaching the requirements of the Municipal Government Act (MGA). Membership on the Municipality’s social…

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Procuring Fairness

An individual contacted OmbudsPEI to complain about the process for how government contracts are awarded to private service providers on PEI. The individual disputed the reasons for why their own bids had been unsuccessful and complained of a lack of transparency and availability of policy governing the procurement process. They believed that the lack of…

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Fair Point

We received a complaint about the approval of a development at 251 Kelpie Lane in Point Deroche alleging that it violated provincial legislation in two ways. The complainant believed that the new buildings were unlawfully closer to the shoreline than their predecessors and did not meet environmental buffer zone setback requirements. They also complained that…

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Fair Warning

During a Covid-19 self-isolation period following a complainant’s return to PEI, they relapsed into serious alcohol abuse. With the help of the RCMP and paramedics, the complainant was taken to the Queen Elizabeth Hospital (QEH) for treatment. While they waited to be transferred to the Provincial Addictions Treatment Facility (PATF) for rehabilitation, they were given…

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Advertising Fairness

A person who lived in the area of a rezoned property was surprised to learn that the Island Regulatory and Appeals Commission (IRAC) ordered the rezoning following an appeal to it by the developer. Confused and frustrated, the resident reached out to IRAC with questions. In an appeal hearing, IRAC substituted its decision for that…

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Opening the Blinds

Following reports in the media suggesting that Charlottetown City Council may have held discussions in closed session that were not permitted by the Municipal Government Act (MGA), OmbudsPEI began an assessment to determine what happened. We learned that a topic had been discussed in a closed council meeting that was unrelated to the topic announced…

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Arrested Development

A complainant planning to develop a property contacted us to complain that they were unfairly charged fees for a development permit. The complainant believed that the Resort Municipality of Stanley Bridge/Hope River/Bayview/Cavendish/North Rustico did not have the authority to withhold the development permit until the complainant paid the fees. They also complained that the municipality…

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Free From Supervision

A complainant who was subject to guardianship and trusteeship under the Public Guardian and Trustee (PGT) contacted our office with complaints about their experience. The complainant believed the PGT should have noticed sooner that the psychological condition that caused them to be placed under care had improved. The complainant also complained that the PGT made…

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Take A Deep Breath

An inmate at the Provincial Correctional Centre (PCC) complained that medical staff were not treating their acute breathing problems. Despite repeatedly asking for a medical assessment and submitting internal complaint forms about a lack of medical care, they received no response. We contacted PCC through our informal resolution process to inquire about the complainant’s medical…

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Stripped of Dignity

Three inmates at the Provincial Correctional Centre (PCC) were subject to a group strip search in front of two correctional officers.  Under threat of being placed into separate confinement if they refused, the three inmates complied. Despite bringing complaints against the officers involved, the inmates did not believe their concerns were being adequately addressed by…

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Keeping In Touch With Family

An inmate in custody at the Provincial Correctional Centre (PCC) complained that they were being prevented from contacting their sister. Staff at the PCC denied the request because they believed the complainant was lying about their relationship.  Our investigator confirmed their relationship.  We relayed that information to PCC.  They made their own enquiries and confirmed…

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Freedom To Choose

A senior under trusteeship complained that the Public Trustee had not completed their tax returns and was refusing to allow them to move to another care home. The complainant explained that the Trustee was not returning their calls to answer their questions. We contacted the Public Trustee who confirmed that the complainant’s taxes were in…

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Doctor Please

A inmate in custody at the Provincial Correctional Centre (PCC) complained about their medical care. The complainant was experiencing significant adverse side effects from a treatment they were receiving. Despite asking numerous times to be seen by a physician to address their symptoms, they were not responded to. We contacted the PCC to explain the…

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I Want My Mom

An inmate in custody at the Provincial Correctional Centre (PCC) complained that they were being prevented from contacting their mother and the Prince Edward Island Regulatory & Appeals Commission (IRAC) by phone. This was preventing the complainant from making an appeal that would allow them to keep their home. We contacted PCC and were told…

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Licensing Fairness

A senior who had previously held an Ontario driver’s license returned to Canada from overseas and applied for a PEI driver’s license through Access PEI. The complainant was told that because the country they moved from did not have a reciprocal driver’s license agreement with PEI, and because their former Ontario driver’s license had expired,…

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Featured Cases



Licensing Fairness

An elderly man who had previously held an Ontario driver’s license returned to Canada from overseas and applied for a PEI driver’s license through Service PEI. He was told that because the country he moved from did not have a reciprocal driver’s license agreement with PEI, and because his former Ontario driver’s license had expired, he would need to apply for a new license and take all applicable knowledge and road tests.

We contacted the Department of Transportation and Infrastructure about the man’s concerns and were told that because the man held an Ontario license in the recent past, he could be issued a PEI driver’s license without the need to re-test. The Service PEI agent the man had dealt with was unfamiliar with this policy. We encouraged a meeting between the complainant and a senior manager that resulted in the man receiving a PEI driver’s license.



I Want My Mom 

A woman in custody at the Provincial Correctional Centre (PCC) complained that she was being prevented from contacting her mother and the Prince Edward Island Regulatory & Appeals Commission (IRAC) by phone. This was preventing her from making an appeal that would allow her to keep her home.

We contacted PCC and were told that there was no reason that woman should be prevented from calling either her mother or IRAC. PCC explained that a staff error caused the confusion and that it would add both phone numbers to the woman’s approved contact list. We confirmed this occurred.



Doctor Please 

A man in custody at the Provincial Correctional Centre (PCC) complained about his medical care. He was experiencing significant adverse side effects from a treatment he was receiving. Despite asking numerous times to be seen by a physician to address his symptoms, he was not responded to. We contacted the PCC to explain the man’s concerns. Very shortly thereafter the man was seen by a medical professional and began receiving the medical treatment he needed.



Freedom To Choose

An elderly woman under trusteeship complained that the Public Trustee had not completed her tax returns and was refusing to allow her to move to another care home. She explained that the Trustee was not returning her calls to answer her questions. We contacted the Public Trustee who confirmed that the woman’s taxes were in fact filed. The Trustee explained that they did not have say over where she could live. We told the woman she was free to choose where to live and helped her contact the Trustee about her desire to move.



Keeping In Touch With Family 

A man in custody at the Provincial Correctional Centre (PCC) complained that he was being prevented from contacting his sister.  Staff at the PCC denied the request because they believed he was lying about their relationship.  Our investigator confirmed their relationship.  We relayed that information to PCC.  They made their own enquiries and confirmed to us that they decided to add her to the inmate’s call list. 



Stripped Of Dignity 

Three inmates at the Provincial Correctional Centre (PCC) were subject to a group strip search in front of two correctional officers.  Under threat of being placed into separate confinement if they refused, the three men complied. Despite bringing complaints against the officers involved, the men did not believe their concerns were being adequately addressed by PCC management. Two of the men submitted contacted us about their complaints.

We used our informal resolution process to discuss the complaints and ask some questions. PCC confirmed that the search contravened centre policy, and that the matter was being investigated.  They told us that the staff involved in the search were new correctional officers working on a casual basis.  PCC confirmed the officers violated centre policy despite receiving training on how to conduct strip searches. PCC suggested that there may have been a misunderstanding of the instructions given to the officers by a floor supervisor.

In response to this issue, PCC provided additional training and one-on-one coaching to the officers involved and required each to provide meaningful in-person and written apologies to the men. Recognizing the potential for psychological harm being caused by the event, each inmate was offered psychological counselling and support services. PCC’s strip search policy was reviewed with all correctional officers and the centre committed to using this event as a case study in future training sessions for how not to conduct strip searches.

We applaud the steps taken by PCC to assess what happened, prevent similar incidents from occurring in the future, provide additional training to staff, offer meaningful apologies and facilitate psychological counselling supports to the complainants.  As such, we considered these complaints resolved through informal resolution and closed our files.



Take A Deep Breath

An inmate at the Provincial Correctional Centre (PCC) complained that medical staff were not treating his acute breathing problems. Despite repeatedly asking for a medical assessment and submitting internal complaint forms about a lack of medical care, he received no response.

We contacted PCC through our informal resolution process to inquire about the man’s medical status and responses to his internal request and complaint forms. Four days later, he called us again to tell us that his symptoms were worsening and that he still had no response from healthcare or centre management.  We reached out to PCC again and within two hours they met with him to review his request and complaint forms. The next morning, he saw a nurse who provided him with medication to improve his breathing. Later in the week he was provided with additional medication to improve his symptoms.  He was also referred to medical specialists for further assessment. 

The man was thankful for our involvement and believed it led to him receiving the medical care he needed. As the actions taken by PCC resolved the man’s concerns, we considered the matter resolved and closed our file.



Free From Supervision

A woman who was subject to guardianship and trusteeship under the Public Guardian and Trustee (PGT) contacted our office with complaints about her experience. She believed the PGT should have noticed sooner that the psychological condition that caused her to be placed under care had improved. She also complained that the PGT made decisions on her behalf which she believed were unfair, including placing her in a private care home that she believed overcharged for its services and selling her personal vehicle.

We contacted the PGT through our informal resolution process to relay her complaints and pose questions about the PGT’s actions and decisions. We learned that although the PGT had no written policies regarding the monitoring of a client’s clinical condition, in practice they do monitor for improvements.  This practice is what led to the termination of the guardianship and trusteeship in this case. The PGT explained that the termination of guardianship and trusteeship is ultimately dependent on professional medical opinions and the will of the courts. The PGT can only provide opinions in support of an argument for removing an individual from care.

In the complainant’s case, the PGT arranged for medical reassessments of her condition within a few months of becoming aware that she may no longer require guardianship and trusteeship. When the medical assessment supported that conclusion, the PGT acted diligently to request her removal from guardianship and trusteeship by the courts, which occurred less than two months later.

As part of our investigation we learned that the PGT has provided input on proposed new legislation, the Adult Guardianship and Trusteeship Act, which provides for guidance on how and when reviews of guardianship and trusteeship orders should occur. If passed, we understand that the new legislation would codify the practice it already has in place.

With respect to the woman’s complaints about the selling of her vehicle, we learned that the PGT made this decision based on a psychiatrist’s opinion that her driver’s license would not be reinstated. Despite her capacity eventually improving to the point that she was again able to drive, we could not fault the PGT for taking action based on the doctor’s opinion. To address her complaint about expenses she was charged while residing at the care home, we obtained records from PGT of what was charged, which we confirmed was not unreasonable.

Following a thorough assessment of the woman’s complaint, we determined that no further action was required and closed our file.

Reports

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