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ICBC Fairness Review Process
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March 26, 2004. -
According to ICBC,
The Fair Practices Review department provides two main services: Customer Relations and Review Services
and the Information and Privacy Unit.
One of the responsibilities of the advisors in the Customer Relations and Review Services (CRRS) section is to
"receive customer concerns covering all aspects of the Corporation's business." In effect, when
ICBC makes a decision pertaining to your complaint, the staff of the CRRS section review your complaint
and "Explain ICBC's products and services,
help you understand reasons for specific decisions and actions,
refer you to available remedies you may not know about or have not tried, and
investigate concerns that a decision or procedure was unfair and, if warranted, facilitate resolution. "
These are the responsibilities of the CRRS section when they receive your complaint. What is wrong with this picture?
Well, you are complaining and your complaint goes directly to
ICBC staff, ICBC Advisors, who then explain ICBC products and services. ICBC helps you
understand. Your are submitting your complaint to the very people who work for the Crown corporation you have
an issue with.
When you have a complaint, it is likely because you do not agree with
ICBC on a decision, action, conduct or related matter. Your complaint is because you disagree with ICBC.
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Fairness Review Employees |
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The employees in the Fairness Review Department are hired by ICBC and the Crown corporation is their
employer. Therefore, on speculation, can these employees really be impartial? After all, their livelihood is at stake.
ICBC is their employer. Is it realistic to expect an employee to dispute the employer and maintain a good standing with
the corporation? (see an example of management decision-making
later on in this article)
Presumably,
most staff and managers will look out for ICBC's interests above and beyond yours. After all, that is what the Fairness Review staff are paid to do
according to ICBC, "Explain ICBC's products and services, help you understand reasons for specific decisions and actions" - those you already
know you don't agree with in your particular set of circumstance(s).
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ICBC's Fairness Commissioner |
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In 2001, ICBC implimented a new level of appeal: The Fairness Commissioner. At the highest
level of appeal, a person of note worthy repute (currently the Honourable Bryan Williams, Q.C., former Chief Justice of the BC Supreme Court)
reviews your complaint and may:
- dismiss the complaint;
- make a recommendation
that the appropriate department of ICBC remedy the customer's
complaint;
- facilitate a
resolution between the complainant and the appropriate ICBC
personnel;
- recommend mediation
or arbitration;
- make recommendations
in reference to a group complaint, treating them as one issue
in common;
- recommend a
systemic change in ICBC's practice or policy; or
- if called upon
act as a mediator.
The Commissioner reports to the ICBC Board of Directors. Although this may be the closest to an impartial evaluation
that your complaint will receive within the ICBC process, it is debatable whether
the Commissioner would place him/herself in the
position of disagreeing with all the ICBC staff and management who have
already reviewed your complaint. Furthermore, it would be a situation of the Commissioner
vs ICBC staff and management. How many people would take on that feat?
An independent council would not be required to report
to the ICBC Board Of Directors nor would they be in ICBC's employ. Currently, the ICBC appeal process
from beginning to final evaluation can take up to well over a year - your complaint could drag on for months or
years should you proceed from the ICBC appeal process to the court system.
From the Fairness Commissioner's annual reports, it certainly appears that he has taken on
a Herculean task and is trying to maintain a fair and impartial stance.
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The Solution: A Fair Review Process |
A Fair Review can only be accomplished when the Reviewer(s) do not have a self-interest or
conflict-of-interest in the complaint that is being reviewed. This then, would best be accomplished by an independent council
who could fairly and indescriminately review both your complaint and reasons, and ICBC's response, and reasons.
As an independent and impartial Authority, there would be no conflict of interest in the final determination of the complaint. Each
case would be reviewed according to merit. And the cost of an independent Council could be appropriated with
ICBC funds (as it already is) administered by government or an independent organization. In this way, ICBC is not
directly paying people to review public complaints.
It is also likely that
the courts would see less ICBC claims, since the complaints would be reviewed with impartiality and
no direct payroll or benefits from the crown corporation. Presumably, taxpayers could save the substantial cost that legal
proceedings incur.
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Unfair or Fair? ICBC vs Public opinion |
Here is what can happen when ICBC management join forces (in this instance, management from ICBC's
Fairness Review and the Licensing and Adjudication departments).
Our site poll asks the question of our site visitors "Does ICBC have the right to force compliance
with unannounced laws/policies?"
5% say yes.
3% say sometimes
49% say no.
44% say never.
93% agree that ICBC does not have the right
to force compliance with unannounced laws/policies.
Yet, one ICBC Fairness Review manager, one ICBC Fairness Review department Head and
one ICBC Licensing and Adjudication manager, all unanimously defended the Crown corporation's position
to change a policy ( ICBC, BC's Sponsorship Scandal?) and
not make it public, knowing full well that thousands of people would be directly affected and accused of non-compliance.
What did this cost the public in management salaries, benefits and time? Is it fair to place
the Crown corporation's employees in such a predicament?
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Request A Fair Review Process |
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Only we, the people of British Columbia, can put pressure on the provincial government to
be accountable. The public is entitled to a fair review process. We encourage you to join
us in making positive and constructive changes
to the Fair Review Process.
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JOIN US:
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Together
we stand |
 Email our
letter
which requests an inquiry and that laws must be made public.
 New!
Write to the Premier, ICBC Chairman and the Solicitor General.
(more contact info)
Other ways you can
join us
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 We would also like to hear
from others who have experienced good/bad/similliar situations with the ICBC Fairness review process
or staff in our
SpeakEasy Forum. We will publish
your  or email sent to us directly (unless otherwise requested, please let us know) - your views and
opinions count.
ICBC, BC's Sponsorship Scandal? and related articles
[ SpeakEasy Forum ] [ Visit Vancouver home ] 
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Be part of creating
a Fair Review Process at
ICBC:
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Spread the word !
Email your friends this
page info. Telling other
people what's happening is
very effective.
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Other ways to help |
Phone
Premier Campbell
(250) 387-1715*
(*a free phone call
via
BC Enquiry
at
604-660-2421)
Minister Rich Coleman:
tel 604-607-6200/
fax 604-607-6205
Send an email to:
or email
our
letter
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