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André Marin

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

André Marin
6th Ontario Ombudsman
In office
April 1, 2005 – September 14, 2015
Preceded byClare Lewis
Succeeded byPaul Dubé
Personal details
NationalityCanadian
Political partyProgressive Conservative
Children6
Residence(s)Ottawa, Ontario, Canada
Alma materCarleton University
ProfessionLawyer

Personal

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

Career

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After graduating from law school, Marin became an assistant Crown Attorney in Ottawa, Ontario in 1991 and taught law part-time 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.[4]

In June 1998, Marin was appointed as Canada's first military ombudsman for complaints from members of the Canadian Armed Forces.[2][3][5]

Ombudsman of Ontario

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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.

In March 2007, Marin's office released a report on the province's conduct in regards to the Ontario lottery retailer fraud scandal.[6][7]

In December 2010, Marin's office released a report on the province's conduct in regard to the 2010 G-20 Toronto summit.[8] Marin said that it was "illegal" for the government to pass secret regulations allowing for the detaining of protesters during the summit protests.[8]

In October 2013, he released a report criticizing London, Ontario mayor Joe Fontana and city councilors for a secret meeting at a restaurant where they discussed city business.[9] The councilors and mayor denied the report.[9]

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.[10][11] The investigation was prompted after a 2-year-old child died in an unlicensed daycare in Vaughan.[10] Marin issued 113 recommendations, and called on the province to take urgent action.[10][11]

Office issues and expenses

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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.[12] In 2010, the Toronto Star investigated human rights and labour complaints made by staff under Andre Marin's tenure.[13] Current and former staff members complained of a culture of fear and harassment.[13] A number of complaints were filed against the ombudsman, the office and his management team with the Ontario Human Rights Tribunal and the union.[14][15] Marin had called the allegations "absurd" and stated he had "high expectations" for his employees.[13]

In 2010, The Globe and Mail publicized some of the expenses Marin billed to taxpayers, including his personal grooming products, a $38 toothbrush and a $2,000 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

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On May 28, 2015, the Ontario Legislature voted to extend Marin's term as ombudsman until September 14 to allow him to wrap-up investigations. Over 60 people applied to become Ontario's next ombudsman, including Marin.[20] On September 14, 2015, a motion to grant Marin a second extension was defeated in the Legislature.[21] On April 15, 2016, Marin sued the Ontario government for wrongful dismissal.[22][23] Marin claimed to have been fired without cause or notice when he was not rehired for a third term,.[24] The Ontario Superior Court of Justice ruled against Marin.[25]

Later career

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After leaving office, Marin began teaching part-time in the University of Ottawa's faculty of law and writing a column for the Ottawa Sun and Toronto Sun.[26] He stopped writing the column in December, 2019.[27] In 2020, Marin was hired by People's Party of Canada leader Maxime Bernier to represent him in a lawsuit filed against political strategist Warren Kinsella alleging Kinsella was hired by the Conservative Party of Canada to run a pre-election campaign of defamation against Bernier.[28] The court dismissed the suit in November 2021.[29]

Politics

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On September 24, 2016, Marin was named the Progressive Conservative candidate for the November 2016 by-election in Ottawa—Vanier.[30] He was defeated by Liberal candidate Nathalie Des Rosiers by a 19-point margin, the best performance by a Progressive Conservative candidate in the riding for fifty years. In remarks given after his defeat, Marin warned that party leader Patrick Brown had to put social conservatives "in their place" because they are "a threat to the party" that might cost them the 42nd Ontario general election.[31]

Electoral record

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Ontario provincial by-election, November 17, 2016: Ottawa—Vanier
Resignation of Madeleine Meilleur
Party Candidate Votes % ±%
Liberal Nathalie Des Rosiers 14,979 49.19 -6.37
Progressive Conservative André Marin 9,051 29.72 +7.43
New Democratic Claude Bisson 4,459 14.64 +1.33
Green Raphaël Morin 993 3.26 -4.75
Stop the New Sex-Ed Agenda Elizabeth de Viel Castel 384 1.26
Libertarian Dean T. Harris 177 0.58 -0.26
None of the Above Above Znoneofthe 164 0.54
Canadian Constituents' Stephanie McEvoy 74 0.24
People's Political Party Kevin Clarke 73 0.24
Freedom David McGruer 52 0.17
Pauper John Turmel 48 0.16
Total valid votes 30,454 99.50
Total rejected ballots 153 0.50 -0.80
Turnout 30,607 37.36 -11.49
Eligible voters 81,902
Liberal hold Swing -6.90
Source(s)
Elections Ontario[32]

References

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  1. ^ Marin, André. "André Marin on about.me". about.me. Retrieved 2016-10-26.
  2. ^ a b c d Canadian Who's Who 2011. Orillia, Ontario: Third Sector Publishing. 2011. p. 792. ISBN 978-0-921173-27-4.
  3. ^ a b c d Hyson, Stewart, ed. (2009). Provincial and Territorial Ombudsman Offices in Canada. University of Toronto Press. p. 200. ISBN 978-1-4426-4067-2.
  4. ^ "Ontario ombudsman wrong person to lead SIU probe, critics say". National Post.
  5. ^ Taylor, Scott (May 6, 2015). "Back to square one on sex abuse in the military". NOW Magazine. Retrieved October 17, 2018.
  6. ^ "Lotteries: A Game of Trust". Archived from the original on 2016-09-27. Retrieved 2016-09-24.
  7. ^ "Ont. lottery fraud suits urged by ombudsman".
  8. ^ a b Ferguson, Robert Benzie and Rob (2010-12-07). "Ombudsman Andre Marin has recommended that the little-known 1939 legislation should be revised and protocols developed so the public is made aware when police powers are modified". The Toronto Star. ISSN 0319-0781. Retrieved 2015-10-23.
  9. ^ a b Brennan, Richard J. (2013-10-22). "Ontario Ombudsman André Marin's has found a secret meeting of the mayor and six London, Ont. city council members was a betrayal of public trust". The Toronto Star. ISSN 0319-0781. Retrieved 2015-10-23.
  10. ^ a b c Monsebraaten, Laurie; Oved, Marco Chown (2014-10-22). "Andre Marin issued an unprecedented 113 recommendations, and calls the case of 2-year-old Eva Ravikovich's death in a 'brazenly illegal' daycare, the 'canary in the coal mine.'". The Toronto Star. ISSN 0319-0781. Retrieved 2015-10-23.
  11. ^ a b "Ontario's unlicensed daycares require 'urgent action': ombudsman Andre Marin". Toronto Sun. Retrieved 2015-10-23.
  12. ^ Bruser, David; Welsh, Moira (June 2, 2010). "André Marin left dysfunction and discontent as military ombudsman". Toronto Star. Archived from the original on 2015-02-20. Retrieved February 28, 2015.
  13. ^ a b c Welsh, Moira; Bruser, David (May 28, 2010). "Staff say Ombudsman Andre Marin's Office Plagued by Culture of Fear". Toronto Star. Retrieved 1 February 2015.
  14. ^ "Lam v. Ontario Ombudsman, 2009 HRTO 1261". CanLII. Retrieved 5 August 2016.
  15. ^ "Foote v. Ombudsman (Ontario), 2008 HRTO 415". CanLII. Retrieved 1 February 2015.
  16. ^ a b Howlett, Karen; Radawanski, Adam (August 23, 2012). "Tables are turned as Ontario Ombudsman's expenses come under scrutiny". The Globe and Mail. Retrieved 4 February 2015.
  17. ^ "Public Sector Salary Disclosure 2009". Ontario Ministry of Finance. Retrieved 4 February 2015.
  18. ^ Bruser, David (July 11, 2010). "André Marin gave contracts to friend starting in 2001". Toronto Star. Retrieved 18 February 2015.
  19. ^ Csanady, Ashley (22 April 2015). "Why are taxpayers forking over hundreds of thousands of dollars for the Ontario ombudsman's pricey commute?". National Post. Retrieved 3 April 2021.
  20. ^ Ferguson, Rob (May 28, 2015). "Ontario ombudsman André Marin's job extended". Toronto Star. Retrieved 1 June 2015.
  21. ^ "Motion to extend Ontario ombudsman Andre Marin's term denied". City News. Sep 14, 2015. Retrieved 14 September 2015.
  22. ^ "Former Ombudsman Andre Marin suing for wrongful dismissal". CP24. 15 April 2016. Retrieved 2016-04-15.
  23. ^ Csanady, Ashley (April 14, 2016). "Ex-Ontario ombudsman sues for wrongful dismissal, says Wynne's office orchestrated public humiliation". National Post. Retrieved 3 April 2021.
  24. ^ "Ex-ombudsman André Marin ordered to pay $68K in legal fees after failed lawsuit". CBC News. Retrieved May 31, 2017.
  25. ^ Jones, Allison (March 16, 2017). "Court disisses lawsuit from former ombudsman Andre Marin". CP24. The Canadian Press. Retrieved May 31, 2017.
  26. ^ Reevely, David (24 September 2016). "Former ombudsman André Marin wants to run for Progressive Conservatives in Ottawa-Vanier". Ottawa Citizen.
  27. ^ "MARIN: Scheer's message lost in fog of war | Toronto Sun". 2019-12-14. Retrieved 2019-12-15.
  28. ^ Curry, Bill (9 December 2020). "Maxime Bernier hires former ombudsman to prepare legal action against Warren Kinsella over racism claims". The Globe and Mail.
  29. ^ "Maxime Bernier's defamation lawsuit against political pundit dismissed by Ontario court".
  30. ^ "Former ombudsman André Marin wants to run for Conservatives in Ottawa-Vanier". Toronto Sun. Retrieved 2016-10-26.
  31. ^ Platt, Brian (November 18, 2016). "Social conservatives a 'threat' to Ontario PCs, says André Marin after byelection loss". Ottawa Citizen. Retrieved May 31, 2017.
  32. ^ "Internet Application - Search Candidates". Elections Ontario.
Legal offices
Preceded by
James M. Stewart
 Director of the Special Investigations Unit
1996–1998 		Succeeded by
Peter A. Tinsley
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