LIAISON AND COOPERATION. (a) The Parties shall establish a liaison committee with representatives from each of the Core Group, the Government of Canada, GNWT and DBCMI (the “Liaison Committee”) to collaborate for the achievement of the purposes of this Agreement, by means of activities that the Liaison Committee considers appropriate, including the following:
LIAISON AND COOPERATION. Neither of the Board nor the Ombudsman has a statutory obligation to consult or cooperate with the other. Further, neither party needs to rely on the findings of the other in order to consider a complaint. However, since the work of the parties is related, it is appropriate for measures to be taken to ensure that both parties deal with related complaints in an appropriate, effective and efficient manner. It is important to note that each party intends to deal with complaints as speedily as possible. It is unlikely that there will be many circumstances, though there will be some, where it is sensible for one party to delay investigation of a complaint pending the outcome of investigation by the other party. The question of appropriate timing should always be considered and, if it is decided to delay investigation, the complainant should be informed. Complaints may have some common features, without being exactly the same. For example, a complaint to the Ombudsman may allege administrative fault in a number of respects, only one of which is an allegation of a breach of the authority’s code of conduct by a member. Each party will need to consider a complaint made to it in the normal way in accordance with its own jurisdiction and procedures. This may result in an early decision by one or other party. For example, the Standards Board may decide at an early stage that a complaint should not be investigated. As far as the Ombudsman is concerned there could be an early decision for example: • If the authority has not had an adequate opportunity to consider the complaint and the Ombudsman determines the complaint as ‘premature’ and refers it to the authority for consideration; • If the Ombudsman considers that, even if there was an administrative fault there was no injustice to the person complaining and therefore exercises discretion not to investigate the complaint; or, • If the authority takes early action to provide a ‘local settlement’ which the Ombudsman considers a satisfactory resolution of the complaint. But inevitably there will be some complaints made to both parties that require extensive consideration by both.
