André Marin

André Marin
Ontario Ombudsman
In office April 1, 2005 – September 14, 2015
Preceded by	Clare Lewis
Succeeded by	Paul Dubé
Personal details
Nationality	Canadian
Political party	Progressive Conservative
Children	6
Residence	Ottawa, Ontario, Canada
Alma mater	Carleton University
Profession	Lawyer

André Marin is a lawyer who served as Ontario Ombudsman from 2005 to 2015.

Personal

Marin is a graduate of Carleton University (BA 1985) and University of Ottawa (LL.L 1988, JD 1989).^[1]

Career

After graduating from law school, Marin became an assistant Crown Attorney in Ottawa, Ontario in 1991 and was a part-time professor of law in Ottawa.^[2][3]

From September 1996 until June 1998, he served as the Director of Ontario’s Special Investigations Unit (SIU).^[2][3] During his tenure at the SIU, the office initiated over 300 investigations, laid 5 charges resulting from those investigations and obtained no convictions. Marin was sued twice by police officers for malicious prosecution.^[4]

In June 1998, André Marin was appointed as Canada’s first military ombudsman for complaints from members of the Canadian Armed Forces.^[2][3] A 2006 report for the Canadian Department of National Defence found Marin had created a dysfunctional workplace at his office during his tenure, with multiple complaints and staff departures.^[5]

Ombudsman of Ontario

On April 1, 2005 Marin was appointed as Ombudsman of Ontario by the Legislative Assembly of Ontario.^[2][3] On June 1, 2010, he was reappointed to a second five-year term ending on May 31, 2015.

Office complaints

In 2010, the Toronto Star investigated human rights and labour complaints made by staff under Andre Marin’s tenure.^[6] Current and former staff members complained of a culture of fear and harassment.^[6] A number of complaints were filed against the ombudsman, the office and his management team with the Ontario Human Rights Tribunal and the union.^[7][8] Marin had called the allegations "absurd". Marin was quoted as saying he had "high expectations" for his employees.^[6]

In January 2011, the Ontario Press Council dismissed a complaint launched by Marin in relation to the content of a Toronto Star article which relayed information provided by former employees about his office's management practices.^[9] Council initially accepted a complaint by Marin about references in the articles to his retention of then Ottawa lawyer David Paciocco, but the complaint was ruled on and ultimately dismissed.^[9] The decision itself was "...the first in its 38-year history to deal with the permissible limits of investigative journalism."^[9]

Notable reports

In March 2007, Marin's office released a report on the province's conduct in regards to the Ontario lottery retailer fraud scandal.^[10][11]

In December 2010, Marin's office released a report on the province's conduct in regards to the 2010 G-20 Toronto summit.^[12] Marin said that it was "illegal" for the government to pass secret regulations allowing for the detaining of protesters during the 2010 G-20 Toronto summit protests.^[12]

In October 2013, he released a report criticizing London, Ontario mayor Joe Fontana and city councillors for a secret meeting at a restaurant where they discussed city business.^[13] The councillors and mayor denied the report.^[13]

In November 2014, Marin released a report that was critical of the Liberal government, calling it 'systematic government ineptitude" that led to the deaths of four children in unlicensed home daycares.^[14][15] The investigation was prompted after a 2-year-old child died in an unlicensed daycare in Vaughan.^[14] Marin issued an "unprecedented" 113 recommendations, and called on the province to take urgent action.^[14][15]

Controversy over expenses

In 2010, the Globe and Mail publicized some of the expenses he billed to taxpayers, including his personal grooming products, a $38 toothbrush and a $2,000 for a flat screen TV for his Ottawa home.^[16] The Star also reported that Marin used the office's corporate services director to pick-up his dry cleaning and keep an eye on Marin’s maid when she cleaned his Toronto condo.^[16][17][18]

In April 2015, Marin’s expenses came under scrutiny again when the National Post revealed Marin had billed Ontario taxpayers an average of $14,800 in three months for housing expenses so he could maintain residences in both Toronto and Ottawa, sometimes spending more than $2,000 a month in rent while in Toronto. It is estimated Marin billed taxpayers $592,000 in housing since being appointed in 2005.^[19]

Extending term

On May 28, 2015 the Ontario Legislature voted to extend Marin's term as ombudsman until September 14, 2015 to allow him to wrap-up investigations. Over 60 people applied to become Ontario's next ombudsman, including Marin and outgoing Toronto ombudsman Fiona Crean.^[20]

Social media activities

Marin developed a reputation for an aggressive use of social media, including sometimes issuing personal attacks and grandstanding.^[21][22] Some members of the press have criticized his judgment and impartiality.^[22][23]

In 2013, after being harassed on Twitter by an individual identifying himself as “Joe Mayo,” Marin wrongly identified a 12-year respected veteran of the Durham Region police force, Dennis Scott. Marin used the official Ontario Ombudsman Twitter account to publicly release the wrongly accused officer’s badge number, police force, and salary. The officer’s personal information was widely reported in the media based on Marin’s information.^[24] Dennis, described as an “outstanding officer” by his superiors, began to receiving insulting and harassing emails from the public as a result of Marin’s mistake.^[25] Marin publicly boasted that his (Ontario Ombudsman) staff had identified the name and badge number behind the account "within minutes."^[25] Marin refused to answer questions as to how his staff was able to track this information when the office has no jurisdiction over police forces.^[26]

In early May 2015, with his term soon coming to an end and no decision made whether to rehire him for an unprecedented third term, Marin used the Ontario Ombudsman Twitter account to call for supporters to urge for his rehiring and to retweet attacks aimed at the Liberal government and Premier Wynne.^[21] A sarcastic comment was also sent about Globe & Mail columnist Adam Radwanski's late father after Radwanski commented that his Twitter feed was being clogged tweets aimed at Marin.^[27] Marin also endorsed tweets calling Wynne's government a “banana republic” and another tweet calling Wynne's government as corrupt as FIFA.^[21][22] The Globe and Mail in an editorial said he exercised "extremely poor judgment."^[22] Andrea Horwath, leader of the Ontario New Democratic Party, defended Marin's Twitter use, saying he had good reason to cause a fuss in support of his attempts to be rehired.^[21][27]

In July 2015, Marin acknowledged his tweets from May were a mistake and said he had learned from the experience, but defended his right to be vocal about criticizing the government.^[28]

End of tenure as Ombudsman

On September 14, 2015, a motion to grant Marin a second extension was defeated in the Legislature, bringing his tenure to an end.^[29] Barbara Findlay was appointed acting Ombudsman in September 2015 and Paul Dubé was appointed Marin's permanent successor effective April 1, 2016.^[30] Since leaving office he has taught law at the University of Ottawa.^[30]

On April 15, 2016, it was revealed that Marin filed a lawsuit against the Ontario government and the office of the Ontario Government for wrongful dismissal. He is claiming $3.5 million in damages citing public humiliation.^[31][32]

In May 2015, while still ombudsman, Marin filed a complaint with the The Law Society of Upper Canada against Warren Kinsella after Kinsella repeatedly criticized his behaviour in office.^[33] In August 2016, Marin's complaint was dismissed by the law society, and no hearing was held.^[33]

Post Ontario Ombudsman

In 2016, the town of Brighton, Ontario recommended Jon Ewart, who serves as integrity commissioner for many local municipalities, for the position of Brighton integrity commissioner. Andre Marin had applied for the same position. Marin took to social media to accuse the process of being unfair and non-transparent and asked for a halt of the hiring process. The mayor defended the municipality’s process stating that Mr. Marin is not one of the 28 legal professionals recognized as municipal law specialists by the Law Society of Upper Canada.^[34]

Politics

On September 24, 2016, Marin was named the Progressive Conservative candidate for the November 2016 by-election in Ottawa—Vanier.^[35]

References

External links