Gerald McLellan

Last updated
Gerald McLellan
Ombudsman
In office
1987–1994
Personal details
NationalityCanadian
ProfessionLawyer

Gerald Peter McLellan (1932-2009) was an Ombudsman in the Province of Saskatchewan, [1] notable during his tenure for his report on the collapse of the Principal Group.

History

Gerald McLellan was born March 9, 1932, in the town of Arcola, Saskatchewan. Following completion of primary and secondary school in Arcola, McLellan attended the University of Saskatchewan, where he obtained degrees in commerce and law. McLellan was in private practice for many years in Estevan, Saskatchewan, subsequent to a period as in-house counsel for Co-operators Insurance in Regina. [1] He was an elected Bencher of the Law Society of Saskatchewan from 1976 to 1982, while practising in Estevan, during which time he was also elected as a Trustee of the Estevan Board of Education. [1]

In 1987, he was appointed by the Progressive Conservative government of Saskatchewan to the position of Ombudsman of Saskatchewan. He held the position he until 1993, [1] under the New Democratic Party government of Saskatchewan, which had formed government following the 1991 provincial election. He was the third such appointee to the Office, which was established in 1973, and succeeded David A. Ticknell, who had served from 1977 to 1987. [2] [3] McLellan was in turn succeeded by Barbara J. Tomkins, who served from 1994 to 2004. [2] [4]

In 1989, McLellan issued the Special Report On The Regulation of FIC Ltd. and AIC Ltd. By The Saskatchewan Superintendent of Insurance (The Principal Investigation) in relation to the collapse of the Principal Group and the effect of such collapse on the estimated 5,000 Saskatchewan investors who lost money. [5] McLellan recommended a degree of government compensation to such investors, based on findings as to deficiencies in regulatory oversight. His conclusion was that there was "a moral imperative on the Government of Saskatchewan to offer appropriate compensation to the investment contract holders in this Province." [6] The recommendation was ultimately followed, notwithstanding an earlier government position that no compensation would be paid, based on a view that the primary regulator, the Province of Alberta, should be responsible for paying compensation to all investors. [7] Shortly following the release of McLellan's report, the Saskatchewan government publicly expressed [8] its inclination to follow the general recommendation to compensate investors, but then reversed itself, resulting in a class action by a number of such investors. [5]

Subsequent to the completion of his term as Ombudsman, McLellan remained in Regina, in retirement. He died of cancer in Regina, on January 5, 2009. [1]

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References

  1. 1 2 3 4 5 Speers Funeral Chapel, Memorial Notice - Gerald Peter McLellan. Retrieved 2016-10-20.
  2. 1 2 Ombudsman of Saskatchewan, Our History. Retrieved 2016-10-25.
  3. ↑ Later the Executive Director of the John Howard Society, Regina: David Ticknell obituary. Regina Leader-Post , February 11, 2014. Retrieved 2016-10-25.
  4. ↑ Later appointed as a provincial court judge. Uncredited, Former ombudsman Tomkins now a judge. CBC News, December 18, 2009. Retrieved 2016-10-25.
  5. 1 2 Government Orders. Committee of Finance- Consolidated Fund Budgetary Expenditure Archived 2016-10-27 at the Wayback Machine . Legislative Assembly of Saskatchewan, April 11, 1990. Retrieved 2016-10-27.
  6. ↑ As quoted by Lorne Calvert, Member of the Saskatchewan Legislative Assembly and later Premier of Saskatchewan (2001-2009), Government Orders. Committee of Finance- Consolidated Fund Budgetary Expenditure Archived 2016-10-27 at the Wayback Machine . Legislative Assembly of Saskatchewan, April 11, 1990. Retrieved 2016-10-26.
  7. ↑ Response of Jack Klein, Minister of Consumer and Commercial Affairs, Government Orders. Committee of Finance- Consolidated Fund Budgetary Expenditure Archived 2016-10-27 at the Wayback Machine . Legislative Assembly of Saskatchewan, April 11, 1990. Retrieved 2016-10-27.
  8. ↑ Per Grant Schmidt, then Minister of Consumer and Commercial Affairs, 1989. As quoted by Lorne Calvert from a Globe and Mail article, November 11, 1989 that "Saskatchewan is willing to compensate its own residents... We are trying to negotiate this pooling problem with the province of Alberta, but we're prepared to help in our province." Government Orders. Committee of Finance- Consolidated Fund Budgetary Expenditure Archived 2016-10-27 at the Wayback Machine . Legislative Assembly of Saskatchewan, April 11, 1990. Retrieved 2016-10-31.
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