Royal Canadian Mounted Police Modernization Act

An Act to enact the Royal Canadian Mounted Police Labour Relations Modernization Act and to amend the Royal Canadian Mounted Police Act and to make consequential amendments to other Acts

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

Sponsor

Stockwell Day  Conservative

Status

Second reading (House), as of Dec. 13, 2010
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

Part 1 enacts the Royal Canadian Mounted Police Labour Relations Modernization Act to provide a labour relations regime for members of the Royal Canadian Mounted Police. It requires that the Commissioner of the Royal Canadian Mounted Police establish a consultation committee for the purpose of exchanging information and obtaining views on workplace issues. It also provides for a mechanism for an employee organization to acquire collective bargaining rights for members, as well as provisions regulating collective bargaining, binding arbitration, unfair labour practices, and grievance and adjudication processes. It also provides that the Public Service Labour Relations Board, established under the Public Service Labour Relations Act, will administer the Act.
Part 2 amends the Royal Canadian Mounted Police Act to align it with the labour relations regime established under Part 1. It authorizes the Commissioner of the Royal Canadian Mounted Police to appoint, demote and promote officers. It also provides the Commissioner with the authority to establish periods of probation for new members and to terminate the employment of a member on probation. In addition, it provides the Commissioner with human resource management powers that are similar to those granted to other deputy heads in the core public administration under subsection 12(1) of the Financial Administration Act, with adaptations appropriate to a policing context. It authorizes the Commissioner to make rules relating to human resource management processes and for the training, conduct, performance of duties and discipline of members and for the organization, efficiency, administration or good government of the Royal Canadian Mounted Police. It also provides the Treasury Board with authority to determine categories of members and to establish policies or directives respecting the manner in which the Commissioner may deal with grievances.
Part 3 provides that any member of the Royal Canadian Mounted Police who does not fall within the category of member as determined by the Treasury Board will be deemed to have been appointed under the Public Service Employment Act.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Royal Canadian Mounted Police Modernization ActGovernment Orders

December 13th, 2010 / 1:35 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, we have some concerns about this bill as well, and I am sure that we will have ample time to deal with them at committee.

One, the bill dictates that only a bargaining agent that primarily represents workers in the field of policing would be eligible to be certified as the recognized union for RCMP officers. In effect, this is a restriction on the right of the workers to pick whomever they want as their bargaining agent. I would ask the member for her comments on that particular issue.

Second, the bill puts some limits on topics that might be negotiated at the bargaining table, including some substantial components of a contract such as pensions. I would ask the member to comment on whether or not there should be restrictions on what can be negotiated, such as pensions.

Third, there is a provision that gives the Treasury Board the power over the civilian members of the RCMP. They would be put under a separate framework, which violates the rights of those workers to make a free choice. It is all about free choice. We are not concerned about what the choice is, we just want them to have the choice. We want free choice for the civilian members as to how this sees the light of day.

Royal Canadian Mounted Police Modernization ActGovernment Orders

December 13th, 2010 / 1:35 p.m.
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Liberal

Siobhan Coady Liberal St. John's South—Mount Pearl, NL

Mr. Speaker, I am hearing that, again, Bill C-43 is not a small piece of legislation. It contains 116 pages of various and sundry significant changes to the structure and operation of the RCMP. That is why I think it needs that in-depth study at the committee stage. The committee can get into some of the issues that my hon. colleague is raising, bring forward witnesses and give them the opportunity to express their concerns or suggest changes that may be required in this bill.

This bill deserves the review and recommendation of going to committee so that it can have the fullness of discussion and debate.

Royal Canadian Mounted Police Modernization ActGovernment Orders

December 13th, 2010 / 1:35 p.m.
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Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, as members know, the RCMP have a tremendous record over the decades of service to Canada, but there have been a couple of unfortunate incidents recently, such as the terrible tragedy of Mr. Silverfox in my riding.

I wonder how the member thinks the provisions of this bill would affect those situations. Does she think they might have prevented them or that they would make the situations less likely in the future?

Royal Canadian Mounted Police Modernization ActGovernment Orders

December 13th, 2010 / 1:35 p.m.
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Liberal

Siobhan Coady Liberal St. John's South—Mount Pearl, NL

Mr. Speaker, my hon. colleague raises a very important point. The RCMP has had some challenges over the last number of years. In fact, even in my province, this past weekend, we had an issue of a person who escaped from surveillance. It is unfortunate that these things do occur.

I think that my hon. colleague raises a very important question about the future and the roles and responsibilities of the commissioner, the powers that would rest with the commissioner, some of the training issues and some of the freedom of association issues. I think that is the kind of in-depth analysis that needs to be done at committee stage, where we really get into some of these things.

I do not know whether or not this bill would solve all the ills of the RCMP. I sincerely doubt it. However, I think it is a step in the right direction for us being able to address some of those concerns and bring them forward when we are looking at the powers and the responsibilities of the commissioner.

Royal Canadian Mounted Police Modernization ActGovernment Orders

December 13th, 2010 / 1:40 p.m.
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Bloc

Claude DeBellefeuille Bloc Beauharnois—Salaberry, QC

Mr. Speaker, today I am pleased to be speaking about Bill C-43, An Act to enact the Royal Canadian Mounted Police Labour Relations Modernization Act and to amend the Royal Canadian Mounted Police Act and to make consequential amendments to other Acts.

I would like to begin by saying that the Bloc Québécois supports this bill. The Bloc will be pleased to discuss and debate this bill in committee with its usual thoroughness.

The Bloc believes that unionization of Royal Canadian Mounted Police officers would lead to more harmonious and fairer labour relations. In addition, it is useful to remember that the Conservatives introduced this bill following an Ontario Provincial Court decision, which was appealed by the government three times.

In April 2009, Justice Ian MacDonnell of the Ontario Superior Court extended the right to unionize to the 22,000 officers in the Royal Canadian Mounted Police. The judge ruled that the federal law governing the Royal Canadian Mounted Police, which prohibits unionization, is unconstitutional. However, police cannot strike because the Canadian Police Association gave up that right.

This decision put an end to a century-old tradition of RCMP management believing that unionization would hurt the officers' morale. This is not the first time that RCMP officers have requested the right to unionize. In 1999, the Supreme Court of Canada threw out the case of Gaétan Delisle, a former officer who invoked the Canadian Charter of Rights and Freedoms to allow RCMP members to unionize.

This bill introduces human resources management processes for grievance procedures, disciplinary measures and the review of conditions of employment. It also gives the commissioner authorities similar to those given to deputy heads in the federal public service as well as the heads of large police services to support the effective management of the RCMP workforce.

According to the new labour relations regime, RCMP members will be able to choose to work in a non-unionized environment, enabled through joint consultation, or to work in a unionized environment, represented by a certified bargaining agent. As is the case with most police forces in Canada, RCMP members would not be able to withdraw their services.

In either a unionized or a non-unionized environment, the new labour relations regime for the RCMP would include the following features.

The proposed legislation gives the commissioner human resource management authorities similar to those of deputy heads in the federal public service—as I said earlier—and to those of heads of large police services in Canada. This includes the authority to appoint, promote, discipline, demote or terminate the employment of all members, including commissioned officers.

The President of the Treasury Board will establish a total compensation advisory committee to provide him with recommendations on overall compensation, that is, pay and benefits, for RCMP members who are not represented by a certified bargaining agent.

If members choose not to be represented by a bargaining agent, the total compensation advisory committee's recommendations would apply to all RCMP members.

If members choose to be represented by a bargaining agent, the committee's recommendations would only apply to officers, that is, inspectors and ranks above, executives and other non-represented or excluded employees of the RCMP.

The committee would be comprised of up to five impartial and external members who, together, would have an appropriate mix of knowledge of policing operations and of compensation issues and principles.

The total compensation advisory committee shares many similarities with the advisory committee on senior level retention and compensation, which provides, among other things, independent advice and recommendations to the President of the Treasury Board on compensation and overall human resources management matters for executives, deputy ministers, chief executive officers of crown corporations and other Governor in Council appointees.

The proposed legislation requires, among other things, that a consultation committee be established to address workplace issues. This could include the co-development of workplace improvements; that is to say, members could also participate in identifying and collaboratively resolving workplace issues and challenges. Through a series of local, divisional, regional and national consultative committees and working groups, members would be given the opportunity to bring their views and concerns directly to managers, either individually or as a group.

The bill maintains the current informal conflict management system and integrates it into all labour relations processes. This system will continue to offer options to resolve conflicts above and beyond the formal grievance process, such as mediation through a third party. The use of these options would be voluntary, confidential and impartial.

The proposed legislation provides the commissioner with the authority to implement a restructured discipline system. Consistent with discipline systems found throughout other Canadian police services and the broader public service, the new system would ensure that the RCMP is able to address and resolve conduct issues transparently, consistently and promptly. It would give RCMP members the right to refer certain decisions or actions of management to an impartial, external decision-making body, the Public Service Labour Relations Board.

The proposed legislation would include a more timely and effective grievance process. This new process would give members the right to refer certain decisions to an impartial, external, decision-making body, the Public Service Labour Relations Board.

What role does the Public Service Relations Board play in the public service? The legislation proposes that the board act as an independent, external third party to make final and binding decisions relating to discipline issues and some grievances of RCMP members. Members would not be able to refer grievances to the board on issues such as assignment of duties, law enforcement techniques or uniform standards.

To fulfill its role, the Public Service Labour Relations Board will take into account the unique role of the RCMP as a police organization, protecting Canadians and national safety. It will have to ensure it has to the capacity to perform its new powers and functions, including the ability to assign adjudicators who have knowledge of policing and police organizations as required.

The bill is a step in the right direction but the Bloc Québécois has some concerns. There are some issues that could be debated in committee if the bill is passed here in the House. One of our concerns is the definition of “employee” found in clause 2(1). This definition is much too strict. In our opinion, there is no reason to exclude employees who are hired outside Canada, part-time employees, casual employees and students.

These people carry out the same duties as their unionized co-workers but are denied the right of association. Members will recall that the Public Service Alliance of Canada is currently before the courts in order to have the rights of these types of employees recognized under the Canadian Charter of Rights and Freedoms.

It is also worth mentioning that the so-called confidential positions are not defined clearly enough. According to clause 31 and following, people who are in confidential positions are those who have been deemed to be so by the employer. It is then up to the union to prove otherwise. This vague or extremely flexible definition could easily lead to cases of abuse that would ultimately be harmful to labour relations.

The bill refers specifically to a certification process. When an application for certification is filed, the board must ensure that a majority of employees in the bargaining unit wish the applicant employee organization to represent them as their bargaining agent. This is a fairly unusual situation and, in our opinion, it places a very heavy burden on the shoulders of the employee organization.

Subsection 29(2) of the Canada Labour Code sets out a mechanism similar to that provided for under section 28 of the Quebec Labour Code. This mechanism involves a representation vote when the board is satisfied that the union has obtained the support of 35% or more of the employees.

In our view, this is a much more realistic approach to truly determining what the employees want. It allows for a vote, when everyone has their say.

Upon reading the bill and the rulings that led to it, we have to wonder what opportunity members of the RCMP will have to join an existing union. The unclear provision, in our opinion, is clause 56 of the bill. We wonder whether its purpose is to ensure that the employee organization actively defends its members or whether it is to limit the organization's role to defending police officers only.

Clause 56 states that:

The Board must revoke the certification of an employee organization as the bargaining agent for the bargaining unit if the Board, on application by the employer or any employee, determines that the organization no longer has as its primary mandate the representation of police officers.

In our opinion, the first solution should be adopted. With the exception of three Canadian provinces, all the other jurisdictions allow their police officers to be part of diversified employee organizations.

As I was saying at the beginning of my speech, this is a step in the right direction. The Bloc Québécois notes, however, that everything in this bill is geared to limiting the number of individuals who can join the ranks of an employee organization. Whether it be by excluding employees whose jobs are not very secure, or by designating confidential positions, there seems to be a real desire to give a limited number of people the right to organize.

What is more, having a certification process that is different from what is done under the Canada Labour Code and in other provinces shows the government's desire to make the certification process difficult.

The confusion around a number of definitions and clauses in the bill also reflects the government's attitude. We sincerely believe that with some amendments, Bill C-43 would benefit RCMP employees. In committee, we will be able to question witnesses and move and debate amendments.

Needless to say, I do not believe the government was too happy about introducing this bill. I do not get the feeling the Conservatives like unions much. I think they moved second reading of this bill quite reluctantly. In their plan to help the auto sector, the Conservatives wanted to include a condition that would have imposed a salary reduction, in spite of the collective agreements in effect.

I have another example to back up what I am saying. In the 2009 budget, the Conservatives included an amendment to the collective agreement for public service employees that unilaterally imposed new salary conditions on some public servants. This provision is found in part 10 of Bill C-10. They also voted against Bill C-395 introduced by the Bloc Québécois, which would exclude the period of a labour dispute from the employment insurance qualifying period. This bill is designed to fill a gap that, in theory, could be used by an employer to pressure a union.

Lastly, the Conservatives have always been opposed to anti-scab legislation, which once again puts workers at a disadvantage compared to employers.

This bill should be debated in committee so that we can improve it and propose amendments to give police officers and RCMP personnel the opportunity to unionize and defend their rights fairly, rigorously and effectively.

Royal Canadian Mounted Police Modernization ActGovernment Orders

December 13th, 2010 / 1:55 p.m.
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Bloc

Jean-Yves Laforest Bloc Saint-Maurice—Champlain, QC

Mr. Speaker, I want to congratulate my colleague on her excellent speech that clearly explains the Bloc Québécois's position on unionization, especially for this group of people who work for the government and enforce the law across the land.

The issue of unionizing members of the RCMP comes up often. The last time it came up, it was studied by the Standing Committee on Public Accounts. We were told of a problematic and distressing situation for many members of the RCMP. Senior officials had been involved in an embezzlement scheme. Several years ago, they had taken money out of an insurance plan and put it into a retirement plan, or vice versa. The Standing Committee on Public Accounts made a number of comments and recommendations on the matter. According to one of the recommendations, unionizing RCMP members would diminish the risk of such situations happening again and would correct them before they ever happened.

I would like to hear what my colleague has to say about this situation in particular.

Royal Canadian Mounted Police Modernization ActGovernment Orders

December 13th, 2010 / 1:55 p.m.
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Bloc

Claude DeBellefeuille Bloc Beauharnois—Salaberry, QC

Mr. Speaker, I thank my colleague for his question. He is our critic on the Standing Committee on International Trade and he always has very pertinent questions. He diligently represents his voters.

In response to his question, I would say that the point here is that they are being forced to introduce the bill. The government was forced, in a way, to introduce this bill. It is not pleased about it and has its doubts. We know that the Conservatives are no friend of the unions and do everything possible to limit their ability to intervene. Therefore, the bill before us, with over one hundred clauses, must be analyzed and debated with fairness and rigour to provide RCMP officers with appropriate and effective working conditions and representation.

Royal Canadian Mounted Police Modernization ActGovernment Orders

December 13th, 2010 / 3:50 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, I am very pleased to stand on behalf of the New Democratic Party of Canada to speak in favour of Bill C-43, An Act to enact the Royal Canadian Mounted Police Labour Relations Modernization Act and to amend the Royal Canadian Mounted Police Act and to make consequential amendments to other Acts.

Our party supports this legislation at second reading, because the bill is generally in line with our party's long-stated support for the right of RCMP officers to engage in collective bargaining, if that is their wish as democratically expressed by the membership.

We, of course, support sending the bill to committee where we look forward to studying it in detail and proposing amendments to deal with a number of specific concerns that we have with the current drafting, to which we have every hope that goodwill on all sides of the House will help us effect positive changes.

The background to the bill is quite straightforward. Bill C-43 was introduced in response to a decision of the Ontario Superior Court, referred to as the MacDonnell decision. Justice MacDonnell ruled in April 2009 that the existing labour relations regime pursuant to the RCMP Act was a violation of the constitutional right of RCMP officers to engage in free collective bargaining, if that is in fact their choice.

Although the government was initially hostile to RCMP unionization and engaged in repeated appeals of judicial findings against the existing system, it appears that the government has come to accept that some form of unionization within the RCMP is not only desirable, but is actually legally required.

Bill C-43 would provide a new labour relations regime for employees of the Royal Canadian Mounted Police who are engaged in policing. The proposed legislation is once again the government's response to the Ontario Superior Court of Justice decision I just referred to, and, again, that court held that to deny RCMP police employees the right to engage in collective bargaining, a right that forms part of the right to freedom of association in section 2(d) of the charter, was indeed unconstitutional.

Once that court decision was made in April 2009, there was no longer any mechanism for establishing a collective bargaining framework for RCMP management to police employees. Recognizing that potential vacuum, the court suggested that Parliament consider establishing a legislation framework for collective bargaining. While the court emphasized that a statutory framework was not a precondition to the establishment of an effective process of collective bargaining, such a statutory framework would, in his words, greatly facilitate this outcome.

In light of this recommendation the court suspended the declaration of invalidity of section 96 of the regulations, that is the part of the act that was struck down, for 18 months to allow the government an opportunity to introduce labour relations legislation for RCMP police employees, and I would like to offer my congratulations to the government for complying with that direction of the court.

I want to start back in June 2008, just before the last federal election. At that time the RCMP had been engaged in a long discussion with the government about the long-standing recruitment and retention problems that it had experienced. Also, there are a number, and have been a number, of pressing issues facing the RCMP that I will go over in a few minutes that require not only resolution, but also the important input of the RCMP officers and civilian members to join into the discussion to find a resolution for those issues.

The Conservative government negotiated increases in the summer of 2008 to address those very real recruitment and retention issues identified by the front-line RCMP officers, and in fact RCMP management, and they actually came up with percentage increases that would help to start the process of alleviating those issues.

What happened? The election occurred and intervened in September and October. On October 16, after the election, we found that the Conservative government reneged on its promises. As soon as it was elected in October 2008, the government betrayed its promise on the very percentage increases that it had agreed to for the RCMP just before the election.

I was engaged in collective bargaining for 16 years. One of the cornerstones of labour relations in this country is the concept of good faith. It is the concept that, when parties come to a table and make an agreement, they keep that agreement.

The Conservative government did not do that. It broke its promise. It broke its commitment. It broke its word. The government betrayed the officers who came, in the summer of 2008, and shook hands across the table on a modest percentage increase that the government did not see fit to honour. That is simply unacceptable misconduct, and that is one of the prime reasons why workers consider unionization. When the employer comes to the table and proves itself unworthy of good faith negotiations, the workers then pursue a regime where the other side is compelled to sit down at the table and bargain under a statutory framework because it cannot be trusted.

The Conservative government that broke its promise to RCMP officers are the same people who, in the provincial election of 2009, also told the people of British Columbia that they would not bring in an HST. It is the same politicians. British Columbia Liberals are federal Conservatives. They also misled the voters of that province. They are getting into a habit of breaking their promises and telling voters one thing before an election, when they want their vote, and then acting in a different way after the votes are counted. I come from a riding where democracy is highly prized. The people of Vancouver Kingsway do not tolerate any longer politicians who say one thing before an election and act a different way after an election.

The government fought the simple request by officers of the RCMP to have the right to choose or not to choose to collectively bargain. We must remember that RCMP officers have not chosen to join a union yet, and New Democrats are neutral in this regard. However, we will stand up for all workers in this country to have the right to make that choice for themselves and the right of those workers to make those decisions unmolested, unintimidated and of their own free will and accord, as they measure the pros and cons of collective bargaining. That is a choice purely of the workers. In this case, it is purely the choice of RCMP officers and civilian members across this country to determine if they want to collectively bargain or not.

The Conservative government spent millions of taxpayers' dollars fighting that simple proposal. The courts found that the government's position was unconstitutional, that the longstanding prohibition in law that prohibited RCMP members from collective bargaining in this country was a violation of their charter rights.

The Liberal government that went before the present government also participated in that violation of constitutional rights, so we will hear no great words of wisdom or principle from the Liberal Party about this issue either, since those members did nothing as the constitutional rights of RCMP officers of this country were violated, abrogated and abridged for decades.

I might point out that the RCMP is the only police force in this country that has been prohibited from unionizing. It is high time we corrected this problem. I am proud that New Democrats are the only party that has stood up for the rights of RCMP members to unionize from the get-go.

I also want to talk a bit about RCMP officer input. It has been my experience that successful economies bring to the table the ideas of the management and the entrepreneurs, the ideas and the energy of workers who carry out those directions, and also a government framework that provides a healthy environment for business and labour to flourish at the same time. What is really important about the unionization process in this case is that it can provide a vehicle for RCMP officers to bring to the table their important input into the workplace. That voice has been missing up until now.

I want to congratulate a few people. RCMP officer Patrick Mehain has courageously and with absolute selfless commitment dedicated himself to the fight to allow his brothers and sisters in the RCMP to decide to unionize or not. He has done that at great personal cost to his career. He has demonstrated time and time again the bravery that one would expect from an RCMP officer, but bravery that goes above and beyond the call of duty.

I also want to give great plaudits to the Canadian Police Association and particularly its president, Charles Momy. The Canadian Police Association has been steadfast in lending its support to its sisters and brothers in the RCMP in helping them achieve the very same thing that every other police officer in this country has, which is the right to collectively bargain.

I want to talk a bit about some concerns with this bill, because it is not perfect.

First, it limits the choice of bargaining agent. Right in the bill, it says that the officers can choose any union they want, as long as it is a union that has an established collective bargaining relationship in the policing world. In theory, that is an unacceptable abridgement of a worker's right to choose the collective bargaining agent as they wish. However, I leave it to the RCMP officers to determine if they can find an appropriate bargaining agent. I think that actually they can.

Second, the legislation prohibits certain topics from being discussed at the bargaining table. Once again, that is an unacceptable violation, in theory, of the rights of people to come to the table and to be able to put on the table whatever issues in the workplace they wish. In this case, the legislation prohibits the bargaining agent from talking about these issues: pensions, appointments, promotions, layoffs and classifications.

One can understand pensions, because most public sector employees fall under an already established pension scheme, and I can see that. However, there is no principled reason, in law or in practice, why the bargaining agent or the workers should not be able to come to the table and talk about how their work is classified and give their input and suggestions about how that should work in practice. There is no principled reason to state why those workers should not be able to talk about a layoff process or a fair promotion process.

These are aspects of collective agreements across this country that unions have been dealing with for decades and decades, so we are going to be looking forward to exploring at committee why the government thinks that the bargaining agent should not be allowed to discuss those cases and have input, just input, into how those important aspects of their work relationship operate in practice. We will be working to try to amend the bill in that regard.

I also want to raise a concern of the civilian members of the RCMP who work very closely with the officers. These are people who provide very critical and important support to the RCMP officers in their day-to-day activities. They do scientific and forensic work. They run the full gamut of the policing work and work intimately with the RCMP officers in the field.

This legislation gives the autocratic ability to the minister of the Treasury Board to determine which bargaining unit they may go into, and that as well is an unacceptable infringement of those people's rights to choose who their bargaining agent is and how they choose to bargain.

There are pressing issues that I mentioned that are facing the RCMP, many issues that have challenged the force. I think I speak on behalf of all Canadians when we say that the RCMP has a long and proud tradition in this country. It has been known as one of the pre-eminent police forces in our country for a long time and it has a storied history, one that is full of its triumphs and also, it is fair to say, some of its tragedies. However, the issues that we face today with the RCMP, as parliamentarians, and that the RCMP force itself has to deal with, include the following.

They have to deal with issues of RCMP oversight and developing a structure that can restore the confidence of the public so we know that, when there are complaints against RCMP officers, there is a fair, transparent and accountable process to deal with those complaints.

We have the issue of the government closing single-member detachments all over this country, particularly in rural areas, and that is certainly not the way New Democrats would like to see this force going. We say we should be beefing up those single-member detachments, because the NDP thinks that a having a single member in a small town provides an unsafe, unacceptable working condition for that officer, but the answer is not to close that detachment and leave that community unpoliced.

The New Democrats have heard from rural politicians who tell us that they may be an hour and a half or two hours away from the nearest policing resource. What happens when there is an emergency, when there is a domestic assault case going on or something more serious such as a murder or a sexual assault occurring? The government likes to talk about how tough on crime it is, but really, it is closing single-member detachments, which is going to leave hundreds of thousands of Canadians farther away from a police officer.

We have issues of member burnout, stress and post-traumatic stress disorder, very real issues facing RCMP officers in the line of duty, who are called upon to do a very difficult job on our behalf. They are often the very first person at the scene of an accident, sometimes with fatalities. They have to go to domestic situations where there is spousal assault and children involved. They are the people who have to investigate gruesome crimes of a sexual nature sometimes involving children. They are people who we put into the line of duty every day, into the line of assault and danger to their life and limb. Officers deal with that, and we need to support our officers in that regard.

There are issues of officer morale and at present issues of leadership and management styles in the RCMP. There is the issue of taser use. Just the other day, we found out another person died in this country from the use of a taser, and we need to have a serious look at getting meaningful limitations on the use of that weapon because it clearly is not being used appropriately at the present time. We have issues of RCMP accountability, as I talked about, with civilian oversight.

We also have service delivery issues. I recently met with the Federation of Canadian Municipalities, which told me that the federal Conservative government has downloaded $500 million of policing responsibilities on to the municipal and rural areas of this country without a dime of compensation. There is a lack of responsiveness to local policing needs. They told me they cannot get the RCMP to do bylaw enforcement because it does not have the time or resources. Once again, the Conservative government likes to use crime as a political issue and likes to talk and say how tough it is, but it has not put the money behind its word. The Federation of Canadian Municipalities said this to me.

I also want to talk briefly about what unions do and why this is important. Over the last 30 years, the middle and working classes in this country have been hit hard, primarily because of Conservative policies, the policies of the Mulroney government that were carried on by the Liberal Party in the 1990s. The neo-Liberal policies talked about cutting government spending and downloading expenses to the provinces, policies that saw a downloading of costs that resulted in public services being eroded over the last 25 years.

Here are the statistics. Canada's richest 1%, 246,000 Canadians whose average income is $405,000, took almost one-third, 32% of all growth in incomes between 1987 and 2007. That is the period of Liberal and Conservative governments.

Since the 1970s, the richest 1% in this country has seen its share of total income double. The richest 0.1% has seen its share triple. The richest 0.01% has seen its share increase by more than 500%. In 2009, 3.8% of Canadian households controlled $1.78 trillion of financial wealth or 67% of the total wealth in Canada. This is what has happened under Conservative and Liberal rule in this country. The rich have got richer and the middle class and working class have got poorer.

That is why unionization, which has been proved to show that workers will gain more of their fair share of the economic pie in this country, is so important to the RCMP. It is why the New Democrats will continue to stand up for the rights of Canadian workers of all types, including the RCMP, to access collective bargaining if that is their wish, so that they can have a say in their workplace and in bargaining the terms and conditions of their work, including their compensation packages, which will help build better lives for them and their families.

Royal Canadian Mounted Police Modernization ActGovernment Orders

December 13th, 2010 / 4:10 p.m.
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Liberal

Geoff Regan Liberal Halifax West, NS

Mr. Speaker, I agree with what my hon. colleague said about the difficulty and danger of the work of the RCMP and obviously the importance of supporting the RCMP. I am sure he would agree, in light of what he said, that we should also support the RCMP veterans.

He talked about the infringement of the rights of the civilian members who play a very important role in terms of technical support to the force and very often it is support at the front line. Sometimes it is a civilian member who is right there at the stakeout making sure the equipment is working, making sure the recording devices and the cameras and so forth are operating properly. That is an important role.

What I have heard from the civilian members is that they want to maintain their own separate category. They do not want that category to be removed as is proposed by the legislation, and they feel this is a question of retention, in part, that if they are not maintained as a separate group, if they are put into the regular public service, some members will leave and go off to other departments, when it is very important to keep them there supporting the RCMP.

I would like my hon. colleague's comments on that concern.

Royal Canadian Mounted Police Modernization ActGovernment Orders

December 13th, 2010 / 4:10 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, this bill contains a provision that would give Treasury Board the power to deem some civilian members of the RCMP, which is not to be confused with civilian staff who are already excluded and subject to the Public Service Labour Relations Act, to no longer be “RCMP members” but instead to be taken in under the framework of the Public Service Labour Relations Act themselves.

That would violate not only the right of those workers to make the free choice as to whom their bargaining agent should be, but as my hon. colleague just pointed out, it could have a number of unintended consequences. It could create difficulties in how these members work day to day with the RCMP officers. It could also cause people to leave their jobs and seek employment elsewhere if they feel that their working conditions are eroded and they cannot perform their services in the manner in which they have been accustomed to doing.

I have also met with civilian members of the force and have heard first-hand their expressions of this concern. We should tread very carefully on that because policing requires a comprehensive, co-operative framework among everybody who works on the force, the civilian staff, the civilian members, and the members themselves. We will be looking at this closely in committee to ensure that civilian members' rights are respected.

Royal Canadian Mounted Police Modernization ActGovernment Orders

December 13th, 2010 / 4:10 p.m.
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NDP

Jim Maloway NDP Elmwood—Transcona, MB

Mr. Speaker, I, too, have a question about the civilian members because I have had communications from my constituents regarding this situation. They are concerned that they will be losing out here in terms of choice.

More than even the civilian members, we have the issue of the members themselves being restricted in the sense that they are being told that they must pick a bargaining agent who is involved in that particular area of policing and that they cannot choose whomever they want to represent them.

When we send this committee, does the member think there will be sufficient representations on this issue to make these two changes to give the RCMP officers full choice in the matter, as well as to give the civilian members an equally free choice in the matter?

Royal Canadian Mounted Police Modernization ActGovernment Orders

December 13th, 2010 / 4:15 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, one of the cornerstone principles of a society that is committed to a free collective bargaining regime is to respect the rights of the workers to freely choose their representative. We cannot have a free collective bargaining system if management, in this case the government, is actually directing or, in any way, truncating the rights of the employees to choose who they want to represent them.

The employees cannot compel management. Management would consider it an absolutely unacceptable intrusion into management rights if employees were to tell management who it could or could not have as its bargaining representative. Therefore, it is absolutely unacceptable that the government would try to do that in this case as well.

Having said that, it is up to the RCMP officers themselves to determine if that is a deal breaker. I look forward to consulting with RCMP officers, like Mr. Mehain, and the Canadian Police Association to determine if they think that is something they can live with. We will, of course, respect the choice of the RCMP officers in this regard.

Royal Canadian Mounted Police Modernization ActGovernment Orders

December 13th, 2010 / 4:15 p.m.
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Liberal

Mark Holland Liberal Ajax—Pickering, ON

Mr. Speaker, the member's speech was lucid and strong on most points, although not on all.

Would the member to comment on the expanded powers extended to the RCMP commissioner and does he have any concerns in that regard? I did not hear anything in his speech on that but perhaps I missed it.

Royal Canadian Mounted Police Modernization ActGovernment Orders

December 13th, 2010 / 4:15 p.m.
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NDP

Don Davies NDP Vancouver Kingsway, BC

Mr. Speaker, the part of my speech that the member for Ajax—Pickering probably did not like was where I talked about the Liberal Party's shameful record over the last 25 years of not doing anything to help the RCMP officers unionize. Of course, if I were him, I would probably not like it if someone pointed out that the Liberal government did not do anything to stand up for the rights of RCMP officers to unionize either.

However, it is a fact and it is part of the historical record. I think all Canadians, all RCMP officers and all trade unions should know that it is easy to talk the talk during elections and pretend to stand up for collective bargaining in this country, but when in government, to not actually do anything about it, tells a tale more loudly than words do.

I also would like to mention that the expanded powers as proposed for the RCMP commissioner are problematic and worthy of concern. At the public safety committee, we have been discussing leadership issues. We are very concerned about the management structure and the way that management is being carried out at the RCMP.

The NDP will be looking carefully to ensure there is an appropriate balance and that the RCMP leadership is delivered in a manner that is accountable, done with integrity and done with the furtherance of the best interests of the RCMP at heart at all times.