Group strip search complaint among cases reviewed by OmbudsPEI

Though the first formal report came out from P.E.I.'s new ombudsperson's office only this week, it has quietly been working away to resolve complaints from Islanders on a variety of topics.

The office is responsible for investigating Islanders' complaints aboutthe public sector, specifically fromthose who feel they'vebeen treated unfairly.OmbudsPEI has posted summaries of its actions in some of these online, calling them "featured cases."

Of the eight posted so far, five involved inmates at the Provincial Correctional Centre (PCC), two were from seniors alleging unfairnessand one was related to the Public Guardian and Trustee process for dealing with a woman's psychological condition.

The summaries of the cases give a glimpse into the kind of steps the new office led by ombudsperson Sandy Hermiston can take to resolve disputes ranging from the serious to the seemingly simple.

A case summary headlined "Stripped of Dignity" said three people being held at the provincial jail in Charlottetown had been subjected to a group strip search in front of two correctional officers, despite their protests.

"Under threat of being placed into separate confinement if they refused, the three men complied," the case summary said.

When OmbudsPEI got involved, the correctional centre confirmed that the group strip search was against its own policies, and said the staff involved were working as casuals and had misunderstood the instructions they had been given.

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. OmbudsPEIcase summary

"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," OmbudsPEI said.

The inmates were also offered psychological counselling and support services.

Two other cases investigated by the office involved inmates who said they needed medical attention but weren't getting it. They eventually did receive treatment.

OmbudsPEI wrote of one case: "The man was thankful for our involvement and believed it led to him receiving the medical care he needed."

Another two cases involved complaints that Provincial Correctional Centre inmates were not being allowed to contact family members.

In one case, a man said he was not being allowed to get or receive calls from his sister. "Staff at the PCC denied the request because they believed he was lying about their relationship," wrote OmbudsPEI. "Our investigator confirmed their relationship."

In the second case, the correctional centre blamed a staff error for the fact that a female inmate was not being allowed to call her mother or the Island Regulatory and Appeals Commission, "preventing [the inmate] from making an appeal that would allow her to keep her home."

Other complaints handled

In a case the agency labelled "Licensing Fairness," an elderly man was told he would have to undergo full testing in order to qualify for a driver's licence after moving back to Canada from a country that did not have a reciprocal driver's license agreement with P.E.I. It turned out the man had qualified for an Ontario driver's licence "in the recent past" and so did not need a retest.

"The Service PEI agent the man had dealt with was unfamiliar with this policy," the summary said.

An elderlywoman complained that the public trustee responsible for her care had not filed her tax returns and wouldn't let her move to another care home. It turned out that the tax documents had been filed, and the public trustee had no authority or preference over her place of residence.

"We told the woman she was free to choose where to live and helped her contact the trustee about her desire to move."

Finally, a woman had a number of complaints about the Public Guardian and Trustee process, saying "officials should have noticed sooner that the psychological condition that caused her to be placed under care had improved."She also complained that the trustee had allowed her car to be sold while she was still experiencing issues, and allowed the private care home where she was living to overcharge her.

OmbudsPEI mostly sided with the trustee office in that case, saying it had performed its duties "diligently" and the care home expenses were "not unreasonable."

As for selling the car, the trustee was relying on a physician who said the woman would never again be capable of operating a motor vehicle.

"Despite her capacity eventually improving to the point that she was again able to drive, we could not fault the [trustee] for taking action based on the doctor's opinion."