When Bureaucracy Turns Away: The Tragedy of Complicated Cases

Imagine there’s a team of superheroes tasked with saving the day whenever bad things happen. They’re supposed to protect the vulnerable and bring justice. But what happens when the challenges they face are really tricky—too complex, too messy, or too time-consuming? Instead of using their powers to solve the problem, some superheroes might say, “This is too much work,” and pass the problem to someone else, leaving the people who need them most feeling abandoned.

Now, let’s swap superheroes for bureaucracies, and imagine this happening in real life. Bureaucracies are like systems set up to help people navigate the challenges of the world—providing services, protections, and solutions. But what happens when those systems encounter a complicated case? All too often, instead of working with people to understand the issue, they shuffle it off to the legal department. The result? A system meant to help becomes a wall that people can’t climb, leaving the most vulnerable stuck in an even bigger mess.

The Canadian Example: Older Adults Left Behind

In Canada, older adults often find themselves in this exact situation. Agencies like the Canada Pension Plan (CPP) or Adult Protection Services are supposed to safeguard the rights and well-being of seniors, ensuring they’re treated fairly. But when a case involves a complicated situation—for example, disputes over marital status, caregiving roles, or financial entanglements—the response from bureaucracy can be disappointing. Instead of taking the time to understand the issue and work collaboratively, the case is sent to the legal department. From there, the situation can spiral into endless paperwork, hearings, and decisions made by people far removed from the lived realities of those involved.

Consider an older adult, who might be facing a dispute over her common-law status because of a mistake on a date. What if she’s trying to explain her actual status, caregiving role, her financial sacrifices, and her years of dedication, only to be met with skepticism? Instead of receiving help to navigate these murky waters, she’s told her case is “complex” and pushed into legal proceedings. What started as a request for clarity and fairness becomes a source of stress, frustration, and even financial ruin.

The Danger of Passing the Buck

When bureaucracies avoid dealing with complicated cases, they send a dangerous message: that only the “easy” cases deserve attention. This practice not only erodes trust in institutions but also disproportionately harms those who are already marginalized. Older adults, people with disabilities, or individuals navigating systemic inequalities often face the brunt of these decisions.

Here’s the issue: bureaucracy is supposed to serve the people, not the other way around. Yet, when faced with complexity, some bureaucrats prioritize efficiency over empathy, rules over resolution. Instead of rolling up their sleeves to work through the hard stuff, they pass the buck, leaving individuals to fend for themselves in an already confusing system.

What We Can Learn from the ICC Letter

This isn’t just a Canadian problem. The letter to the International Criminal Court (ICC), criticizing its failure to tackle difficult cases, echoes this same issue. It’s a call to action: whether you’re an international court, a national agency, or a local office, you can’t ignore people just because their problems are hard to solve. Justice and fairness require effort, especially when the stakes are high.

The ICC letter highlights that complexity is no excuse for inaction. Bureaucracies everywhere should take note. Doing the right thing often means facing difficult truths, taking the time to understand the problem, and working with people to find solutions. Whether it’s prosecuting global crimes or addressing local disputes, institutions have a responsibility to act with integrity and compassion.

A Better Way Forward

So how can we fix this? Here are three steps bureaucracies can take to stop pushing complicated cases aside:

1. Invest in Understanding: Train employees to handle complexity with patience and empathy. Encourage them to ask questions, dig deeper, and truly listen to the people they’re supposed to serve.
2. Collaborate, Don’t Pass the Buck: Instead of automatically sending cases to legal departments, create interdisciplinary teams that include legal experts, case workers, and community advocates to tackle tough issues together before sending old people int0 legal and court solutions which often fail due to lack for resources for defense.
3. Measure Success by Impact, Not Speed: Bureaucracies often prioritize quick resolutions over meaningful ones. Shift the focus to outcomes that actually improve people’s lives, even if they take more time.

Everyone Deserves Fairness

At the end of the day, justice isn’t about convenience. It’s about ensuring that everyone, no matter how complicated their case, gets the help they need. Whether it’s an older adult trying to navigate a pension dispute or someone seeking accountability on the global stage, institutions must rise to the challenge. Because ignoring the hard stuff isn’t just lazy—it’s unjust.