Abstract
An Ombudsman's overall effectiveness is strongly influenced by the statute which defines his powers, duties and functions. The statute may be a definite asset, neutral, or a distinct liability. Even the most intrepid and able Ombudsman would be daunted by the Government of Canada's proposed legislation, Bill C-4 3. The paper explains and evaluates Bill C-4 3 by comparing its provisions with those required by an effective Ombudsman. Most of the Bill's shortcomings stem from the rigid and restrictive concept of the institution's structures and functions set forth in the Report of the Committee on the Concept of the Ombudsman (1977). Jurisdiction is too narrow and investigative powers too equivocal to furnish a firm basis for the federal Ombudsman. In addition to suggesting how specific provisions of Bill C-4 3 might be improved, the paper also indicates how to ameliorate the statutory conception of the Ombudsman's relationship with the executive, Parliament, the civil service and the public.
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