Bill C-43 (Historical)

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

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.

Royal Canadian Mounted Police Modernization Act

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, I could not agree with the member more. I am not sure of the number of bills the member has put forward, but probably there is no other member in the House who has put as much effort into putting legislation forward that would deal with some of the problems that members of the RCMP felt were occurring to them. The member had the courage, did the research and did the drafting to put that into legislation.

The government took parts of that. For whatever reason it did not take the whole package, and some critical areas were missing. That is, as the member said, the kind of off ramp where it would not be a management-run union. It would allow the rank and file a ways and means of having their say without fear from management, but being able to represent themselves as rank and file members, expressing their points of view, expressing their complaints into a system without fear of retaliation as a result.

Those very important aspects of the member's work were left out as the government took what it desired and drafted this piece of legislation that is called Bill C-43.

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, as my colleague before me said, Bill C-43 should go to committee, but I personally have some problems with it. The RCMP rank and file need to be given voice, not be forced to take direction from the government in the way members may or may not want to be represented.

One of the faults of one of the options in the bill is giving the commissioner of the RCMP more power and that staff relations representatives would have to report to the commissioner. I can see nothing but problems with that kind of proposal.

There were three concerns that led the Ontario superior court to find that the RCMP staff relations representative system was invalid. First, RCMP members had not had the opportunity to decide whether the SRRP was the system in which they wished to associate for labour relations purposes. In other words, they did not make a decision on that through a voting process. Second, the staff relations representative system was not sufficiently independent from RCMP management. Third, while RCMP management listened carefully to the views of staff relations representatives, it retained the ultimate decision-making authority in the SRRP consultative process.

Those are the three concerns that led to the Ontario superior court finding that the RCMP staff relations representative system was invalid. I wanted to lay those facts on the table.

After the superior court's decision, staff relationship representatives decided to comprehensively assess the labour relations needs of RCMP members and their satisfaction with the current SRRP through a quantitative study. Pollara Inc., an independent polling firm, was engaged for that assessment and 6,147 members took part in the survey. The survey has produced reliable and accurate information that can now be used to improve the SRRP to better serve the 22,000 RCMP members and address the superior court's concerns.

It also found that 65% of RCMP members who expressed an opinion were satisfied with the system and 71% of RCMP members preferred to associate in either the current SRRP or a modified version of it. I believe every member of Parliament received a copy of that Pollara report.

It is clear that the wishes of the very strong majority of the 22,000 of RCMP members were not reflected in this bill in total.

Let me be clear. Contrary to the ruling of the Ontario superior court, Bill C-43 would offer no real choice to RCMP members for how they wanted to be represented, either in a union or non-union model of representation. It is either a union or a body established by the RCMP commissioner.

Maybe there are some other alternatives that need to be considered, especially after the staff relations representatives went to their members and looked at potentially different ways of doing it. In committee that discussion can be held and if there are alternatives or other views brought forward that relate more to what the rank and file prefer, then that is the value of the bill being before committee. I hope the committee is open-minded enough to look at all the alternatives at play.

There is a feeling out there, accurate or not I am not entirely sure, that the bill could split the RCMP's existing membership into regular, civilian and special constable bodies. Some of the representatives from my province have made that very clear to me, especially those from the civilian sector of the RCMP.

As a result of this legislation, the RCMP could be treated like any other public sector union. That is one of the possibilities. That means labour groups, like PSAC, would use it as a benchmark in contract negotiations.

Finally, Bill C-43 also endangers, according to some within the RCMP, hard-fought benefits currently held by RCMP members.

There are some very strong concerns being expressed by current staff relations representatives. They are finding that the bill as currently proposed is unacceptable to a fairly strong majority of the RCMP members across the country.

The staff relations representatives informed me that they believe the RCMP is at a crossroads and faces a number of difficult challenges, especially with respect to leadership and representation. Canada's police force does not need further uncertainty and more distractions.

Members of the RCMP would certainly prefer to be focusing their energy on improving public safety rather than worrying about whether the federal government will impose a union on them.

I would also say to those RCMP members that it is critical they involve themselves in this hearing process and make their views known, because if this new system is going to work with an important police force and everything its members do nationally and internationally, and the fact that they are seen as such a model for the country, they need to involve themselves in these discussions and make their voices heard. At the end of the day, whether it is this specific legislation or improved legislation, the rank and file, certainly the majority, have to be in accommodation with this legislation.

From their perspective, Bill C-43 would create some significant problems. It is a top priority for the staff relations representatives and the membership of the RCMP. The members of the RCMP have been represented by the staff relations representatives for the past 36 years on all issues affecting members' welfare and their dignity as a force.

The current staff relations representative program is non-union representation, but in the main it has worked reasonably well. An alternative or somewhat of a take on the current system is not in this bill as it is currently written.

I would refer MPs to the RCMP magazine, Frontline Perspective, which I think has gone to most offices. In the 2010 issue, volume 4, number 2, there is a major article about Bill C-43 from representatives of the RCMP.

I want to read a couple of paragraphs from the article. I would encourage members to read the magazine article. It goes through the bill in detail. It talks about some of the good parts, some of the bad parts and some of the questionable parts of the bill.

It does show that the staff relations representatives who have written the article are into the debate in doing a critical analysis of the bill. We as members of Parliament have an obligation to take this seriously, to listen and analyze, and hopefully improve the bill as a result.

I quote from the article written by Brian Roach and Abe Townsend on page six of Frontline Perspective:

The Staff Relations Representative Program has developed through consultation with its membership a clear alternative to Bill C-43. The program forwarded this to its membership on September 29, 2010 and is noted below for your information, reference and discussion at this time.

The legislation limited the options to either a union or a body appointed by the Commissioner. This was clearly unacceptable based on the results of the recent survey of members' wishes. We have shared this document with government officials and have included it here for your feedback.

This document is not a done deal. It is simply a proposal that we would like your input on. The SRR Program believes that it reflects your views while respecting the Charter of Rights. We urge you to review this document and other associated material.

I am not going to read the whole article; I think members can do that. There is certainly mixed views on this. There is certainly mixed views within my own party and with my colleague, who will speak next. I think that is what this place is all about. It is all about debate and discussion.

To close, I have tried to outline some of the concerns that have been expressed to me by the rank and file of the RCMP and staff relations representatives. These are serious concerns.

The bottom line for me, having been a former solicitor general, is if the system is going to work, we certainly do not want all the power and authority within the commissioner's office. At the end of the day, for the system to work well, the rank and file have to be onside with how their views can be represented and brought forward, whether it is management administration within the force itself, or whether it is bringing forward issues from a policy perspective that the RCMP believes government should adopt and move forward with.

I will close with that, but again, if members want to get a very in-depth analysis of one side of the argument, I refer them to what I consider to be a very well researched, well done and quite open-minded critical analysis of Bill C-43 by the staff relations representative body of the RCMP itself.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, it is a pleasure to stand in the House of Commons to deliver some comments on what is a very important bill.

Many would ultimately argue that the RCMP is one of those iconic things here in Canada. Many individuals aspire to get into that profession, because it is a noteworthy, honourable profession to be in.

I also like the fact that I am following the member for Elmwood—Transcona, someone who I have known for a number of years, since 1988 I guess it would be. We sat on opposition benches for a good 11 years. I see he has not lost his touch. I look forward to having some exchanges with the hon. member for Elmwood—Transcona.

It is very important to recognize the need for labour relations and the important role that they play in the economy and our social fabric and how important it is that we move forward in trying to do what is right as legislators.

I know in the past we tried to provide comment on what is good legislation and make the suggestion that it at least be allowed to move forward, although we want to stop some legislation in its tracks. My understanding and quick reading of this particular bill is that there is merit for it to go to committee. We look forward to seeing it go to committee.

As has been pointed out, once the bill is in committee, opposing parties can work together to enhance the legislation and possibly make it better for our RCMP. That is a positive thing. I look forward to being able to see what type of amendments might arise from the committee stage.

On this issue of RCMP and law and order, I listened to the question from one of the members opposite to the member for Elmwood—Transcona. He talked about the government being tough on crime. When he said that, right away I kicked back into the byelection. In the byelection, that was a major issue. Crime and safety is something I hope to be able to talk about a lot as the days go on here in Ottawa and we are in session.

The RCMP has played a critical role, not only while on duty but also when off-duty, I will suggest. I would like to give an example of the type of dedication our RCMP officers bring to the table.

We see them in uniform. We see them in terms of what they do, particularly in Manitoba, in our rural communities, but also in our urban centres. Maybe what we do not see as much are the things the RCMP officers do during their off-duty hours. I have had the privilege of working with RCMP officers in their off-duty hours. I have had many opportunities to have discussions in terms of the types of contributions they make.

Ultimately I would argue that this is one of the reasons why it is when we debate legislation of this nature that we do need to give it time and to allow for it to go to committee. My understanding is, and I am not 100% up on all the rules of this chamber obviously, that it will go to committee where we will hear presentations and hopefully see some amendments brought forward.

Why I believe it is important, in good part, is that we need to return what we can to those officers who serve and serve us so well. One of the things I want to highlight is the off-duty responsibilities that many members, if not all, take.

I have had the opportunity to be involved with a youth justice committee. These youth justice committees have proven to be fairly successful if they are managed well. Provinces will in fact take advantage of them and incorporate them into the system.

On our committee we had a wonderful RCMP officer who has just recently retired. In the sense of commitment to volunteerism, this officer was fairly impressive.

I would encourage individuals as they start to think about how they want to see this bill develop going into committee to reflect on some of the volunteer efforts that our RCMP officers put in. I offer this as one example of the type of volunteerism that they provide.

In this particular case it was Al Pasquini, a retired individual who made himself available first in the community of Thompson, I believe, in northern Manitoba. He dealt with young offenders and tried to come up with alternative ways in which dispositions could be held for where they had committed a crime. He really put a face on the whole process of justice.

After years of serving with the RCMP in northern Manitoba he was relocated to the city of Winnipeg. Once he arrived in Winnipeg it was only a matter of weeks before he made contact with me and a couple of others and indicated that he wanted to continue doing volunteer work with young offenders. We were most happy to have him primarily because he was not only a great volunteer but he brought his expertise to the committee. He knew how to deal with young offenders first-hand and he understood why some of the crimes took place. He had the ability to communicate and follow through on the issues that were important in terms of dispositions for justice committees. He had so much to offer.

All RCMP officers have phenomenal skill sets that are underestimated in terms of their importance and the role that they play. That is the reason why I would suggest that when we look at this legislation it is defined in the sense of when an RCMP officer is on duty, but that is only a part of it.

For many RCMP officers volunteering is a way of life. I see Al Pasquini as one of those individuals who has dedicated his life to being an RCMP officer. To say that he worked 60 hours a week would probably underestimate the actual number of hours that Mr. Pasquini worked. Knowing other individuals within the RCMP I would say that Mr. Pasquini was not alone. This is the type of dedication RCMP officers bring to the table and at the end of the day this dedication is of great value to all of us. I was the chair of one of the committees on which Mr. Pasquini sat. We benefited because of his expertise and his willingness to volunteer.

There is also the issue of what RCMP officers do during the work week, during their shifts. They put themselves in potential danger seven days a week, 24 hours a day, in order to ensure that we can feel safe in the environments in which we live. I suspect that the House would unanimously agree with me about the dedication shown by our RCMP officers with respect to the type of work they do and the benefits our communities receive as a result.

I have had the opportunity to quickly go through Bill C-43 and I feel it is a bill of great value. We should be looking for ways to improve labour relations between RCMP staff and management. I understand that the government did not volunteer to bring in this legislation. It was forced to bring in this legislation because of a court ruling and somewhat grudgingly brought this bill forward. For whatever reasons the bill is before us today. I do believe that the government has the responsibility to approach it with an open mind once it gets to committee.

I know from the Manitoba legislature that we often got presentations dealing with legislation that we had brought through, and I anticipate that there will be presentations that will be coming to committee for this bill. I look forward to hearing those presentations, or at least participating in that process, because it is an interesting profession. I have always admired the red coats and the roles that they have played. I made reference at the beginning of my comments to what an important symbol the RCMP is for Canadian society.

I have not had, I admit, the discussions with the RCMP officers or the rank and file as to what they feel about the legislation. I have a feeling that we will have some time, maybe not very much time, to be able to do that, and I look forward to having that dialogue. Knowing that this bill could in fact be passing at any point in time, I thought it would be nice just to be able to get up and comment on that today, but also to take the opportunity to emphasize something that has come out of the federal byelection, and that is the whole issue of crime and safety.

Crime and safety was in fact the number one issue in Winnipeg North, and I would suggest it even goes beyond Winnipeg North. Our RCMP do play a critical role in that and we need to look at ways in which we can improve and support our forces, whether it is the RCMP or the local police forces, because it does make a difference.

I suspect that establishing a new labour relations regime would go a long way in terms of just being able to ensure that there is a higher morale among the rank and file officers. That is something in which all sides can win. We do not have to be fearful of unions and organized labour. Organized labour does play a very important role in our society and I suspect that affording the opportunity for the RCMP to make that determination among themselves is something that they will take very seriously, and at the end of the day, I suspect that if we provide them the opportunity it will only be a question of time before it is acted upon.

There needs to be some consideration given in terms of the whole issue of strikes and what would happen in strike situations. There are all sorts of issues related to arbitration. Labour relations can get complicated at the best of times in terms of trying to come up with the compromises and consensus that are necessary. Ultimately, the rank and file might feel better knowing that they have a labour group that has that vested interest to protect the rank and file's interests. That is why, as we are looking at Bill C-43 today, I do not see any reason why the bill should not be going to the committee. By allowing it to go to committee, hopefully we will be able to hear from other members as to what they feel might be amendments that would enhance the bill.

I have had some experience in minority governments from 1988 to 1990, and what I have found is that minority governments can work if in fact the government is willing to look at good ideas and is prepared to compromise.

So I would look to the government benches and appeal to the government to look at ideas that might come from whatever political entity within this chamber and, ultimately, adopt good ideas.

I suspect, I hope and I trust that at the end of the day ideas that might come from the official opposition would in fact be considered and we would be able to garner the support in order to see it passed.

Obviously, if we all believe in the value of our RCMP, I do not understand why it is that we would be reluctant about trying to make this legislation even that much better, that much stronger, because the better we make the legislation, the more effective it would be. And at the end of the day, how would we lose if we have more value in legislation such as this so that our RCMP are feeling that much better and confident in terms of the House of Commons providing the type of support that they need?

I believe, in good part, many members of the RCMP rank and file want to see legislation of this nature. I suspect it has been a long time in coming. Now that we have it here today, it is only a question of how it is that we might possibly modify it. However, at the very least, I see no harm in having the bill go to committee so that we can ultimately see what could be done to maybe even make it even a bit better legislation so that, at the end of the day, the biggest winners here would be our citizens, followed by the RCMP rank and file. This is something that I believe is important to all of us, that we want to have as much harmony as possible within the police ranks. We know that at times the current government's record, in terms of providing harmony, has been lacking as it has, in essence, created controversy. However, I will leave that possibly for another time.

I am thankful for the opportunity to say a few words on the bill. I do look forward to being able to provide comments on other justice-related legislation as we get closer to the issue of the tough on crime type of bills. Members will find that I am very opinionated because at the end of the day what I have seen is a lot of talk about tough on crime, but I can say that in the last five years it has not gotten any better, in terms of crime and safety in many areas of Canada, in particular, in Winnipeg North. I think people want to see action as opposed to words. It is more than just legislation. It is about engaging people. It is about looking at the laws that we currently have. It is about providing programming. There is so much that can be done on that particular front, but I will save that speech for another time.

The House resumed consideration of the motion that 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, be read the second time and referred to a committee.

[Jim Maloway, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I am pleased to speak to Bill C-43. We would not be dealing with the bill in the House today had it not been for an Ontario court decision last year. The government has fought this issue for quite some time.

We are talking about giving RCMP members the ability to form a union of their choice if they wish. This issue has been discussed for quite a number of years and governments, whether Liberal or Conservative, have made no effort to be helpful and allow this to happen.

Members of the organization spent a considerable amount of money and time to take this issue to court. When they won the court decision, the government quickly introduced legislation, which appears to take away some of the rights the members wanted by going to court in the first place.

RCMP members want to select their own bargaining agent. This legislation dictates that only a bargaining agent which primarily represents workers in the field of policing is eligible to be certified as a recognized union for RCMP officers. To the average person, this may make a lot of sense, but it is a fundamental restriction on the right of workers to choose who they want as their bargaining agent.

The same issue comes into play with respect to civilian members. The RCMP has now grown to around 24,000 members. The minister indicated today that there were perhaps 3,000 to 4,000 civilian members in the RCMP. They too are being restricted in ways that they perhaps would not have contemplated when the decision to go to court was made. It is left in the hands of Treasury Board to decide their fate.

The Conservative government knew for several years that this issue was before a court. It knew there was a possibility that it might lose, and that is what happened. The government lost the decision and because of a court order, it introduced the legislation.

The government could have quickly consulted with members of the RCMP before it brought the legislation to the House. It could have asked civilian members for their opinion as opposed to simply introducing the legislation, saying it could not consult because it was operating on the basis of a court order, that consulting would happen once the bill went to committee.

The NDP has agreed to support this legislation to get it to committee. However, the civilian members who are contacting me will now have to go through the process of making arrangements and representations to the committee.

We all know that the committee process is not like the process in the Manitoba legislature, which I am familiar with, where we let anybody make a presentation. Provided that the presenters know about the bill they are presenting on in the first place and when the committee is meeting, they can come and register at the last minute, show up by the hundreds if they want and they are given their 10 minutes to present and answer questions. That is how it is dealt with.

However, in this case we are talking about a committee that is held here in Ottawa. How are these members supposed to travel in from outside the Ottawa area at their own expense to present before the committee? The way these committees operate in Ottawa is different from the provincial committees. The provincial committees allow anybody to come in, whether people are experts in the area or whether the come in off the street, and give their opinion. It is a totally different environment here.

These members will not be invited to present to the committee unless they are recognized experts. Certainly that was my experience with the air passenger bill of rights and any other legislation in which I was involved. It is a very selective process in Ottawa.

I am not in any way happy with how this is happening because the civilian members who are contacting me are absolutely right. They missed the consultation before the bill was drafted. We can tell them all we want that they will have a chance at committee but we know better than that. We know they will not be invited to the committee because the committee is very restricted. The committee will only sit for a few days and it will want to hear from expert witnesses.

However, that does not mean that the issue will not be aired. The committee will hear from the experts and, hopefully, the civilian members who are contacting me will be happy. However, the civilian members should have been given more opportunity to make a presentation to the committee.

I want to read an email correspondence from Ms. Deneene Curry from Edward Avenue in Transcona in my riding. She is one of the civilian members of the RCMP who will be affected by this legislation. She expresses concerns about the bill, perhaps concerns that could have been dealt with had she had proper consultation in advance of the bill being introduced.

She talked about a section 20(1)(a) that would place the positions of civilian members under threat of conversion to public service positions, and that the Treasury Board, as we have indicated, would ultimately determine the category of an employee within the RCMP. She is concerned that at no point does it seem that the civilian members will be allowed to collectively vote on the issue or decide on their future status.

I thought this was all about giving freedom of choice to members to decide whether they want a union in the first place and, if they do decide to have one, to at least let them freely choose which union it is will be.

However, that is not what is happening here. It appears that is being preordained. In the area of the civilian members, it appears that the Treasury Board would tell them and in the area of the officers themselves, the legislation would tell them who they can have representing them.

I ask the member for Hamilton East—Stoney Creek to bear me out on this. In any other walk of life, in dealing with representation across the country, if workers in any other province decided to change representation or change unions they can vote and change representatives. However, that does not seem to be an option here. Members are being told that, in much the same way that they have had the company union association dealing with their concerns over the last several decades, now we would tell them who their representatives will be and, if they do not like them, l really do not know how many other options are out there.

We know that the RCMP, which has 24,000 members, is the last police force without union representation and they are ready for it. I believe every police force in the country with over 50 members has union representation. The member for Hamilton East—Stoney Creek might know that.

Ms. Curry goes on to say that the civilian members are considered subject matter experts in their fields and they are individuals with specialized training and skills sets that are unique to the RCMP and its environment. The civilian members are required to work various hours of the day, often on short notice, to meet investigational demands and court deadlines and they may be transferred or dispatched in the event of an emergency, disaster, special events, such as the Olympics and the G8, or to fulfill resource shortages. She says that this may no longer be the case if the civilian members are forced into the public service realm.

She goes on to say that the civilian members are sworn in members of the RCMP and that they are therefore subject to the same sort of standards, expectations, regulations, security clearance and leave restrictions as regular members. Because of these factors, it is not an easy process to fill vacated civilian member positions with qualified individuals. They chose their civilian member positions over applying for other positions that they may have qualified for in other organizations. They are proud members of the RCMP and they devote their skill sets to the organization. If they are converted to public servants, there is a risk that many of these civilian members would seek employment opportunities outside of the RCMP, which would create a loss of valuable resources and put ongoing criminal investigations at a serious disadvantage.

She is certainly concerned, and I think rightly so, but perhaps if the government had made an effort to consult with people like her before it introduced the bill, she and others would not be writing emails to me in this situation. I am sure I am not the only member of Parliament who is getting representation on this issue. We will certainly be in touch with her to let her know that the committee will be meeting and that she should phone the appropriate secretary of the committee as soon as possible to try to get on the list.

I wanted to talk about the history of the RCMP and I found some very interesting historical facts. To make the argument that while it started small and has a very valuable role in our country, it has grown to 24,000 members. As with any organization, as it grows in size and develops there are different types of problems that are to be found in an organization of 24,000 people with the role and mandate of the RCMP.

The RCMP has international involvement as well. It has been deployed on UN missions in Namibia, the former Yugoslavia, Haiti, South Africa, Rwanda, Bosnia, Sierra Leone, Guatemala, Western Sahara, the Netherlands, Croatia, Kosovo and East Timor, and the role of the RCMP on these UN missions was not to act as official peacekeepers but rather to act as a temporary civilian police force.

The RCMP has a huge role, and I could get into all the other roles that it has, but it is the police force where there is no local force.

The organization has had a storied past and has been well respected over the decades in this country. However, in the last six years there have been numerous problems that point to an extreme level of difficulty within that organization. We heard about the stress on the job, the morale in the RCMP and the taser issues. At a certain point, the public started to ask questions. Maybe the first one or two problems within the force were simply greeted by the public as something that one should expect given the size and complexity of the organization, but there have been so many lately that I think the public have come to the conclusion that it is time to make some changes, and certainly this is a change.

Perhaps the government does not see this as a positive change and dreads the idea of having a unionized police force. However, in today's environment, with a force of 24,000 people and the complexity and variety of problems they must deal with, having a union involved, the type of union environment that they choose on their own, might be very helpful in improving morale in the force and, I hope, would have something to do with reducing the stress levels in the force.

The big problem right now within the force is that there does not seem to be any real avenue for people to express their opinion. Over the years that the company union was in place in the RCMP, there was much concern on the part of the officers to voice concerns in the workplace for fear they may not get a promotion, or they may not be seen as team players, or they may have some sort of retribution from their superiors.

In forming their own union, one would hope that this would help to alleviate some of these problems. However, at the end of the day we are not 100% sure whether they would proceed with a union. There is a lot of scare-mongering going on out there.

I am not sure of my time, but I know it is never enough.

[Mark Holland, Liberal, Ajax—Pickering, ON]

Mr. Speaker, it is a pleasure to speak to this bill. It is an opportunity to reflect on the incredible work that the men and women in the RCMP do. If there is anything this House can agree on, it is the work that front-line officers do in keeping our communities safe and putting their lives on the line.

I had the opportunity, as the public safety and national security critic for the Liberal Party, to visit attachments across the country and talk with officers. I am always amazed by the work they do and the quality people we have been able to attract to the force.

In that regard, I am pleased to stand and speak to the bill and the portions that are supportable. I will also talk about some areas of weakness that need to be examined in committee.

First, it is important to look at the origins of where this bill came from. The hon. member for Vancouver Kingsway, who spoke earlier, talked about the fact that it has been a long time that the RCMP has not unionized. However, what the member left out is that it was not an issue until 2008.

I remember in 2008 when the Prime Minister made a commitment to RCMP officers that they would be given simple parity with other forces, that they would be paid the same for the same job essentially. This was brought forward because there was a real problem with retention and recruitment. The feeling was that they had to be paid the same as other forces that were out there. The Prime Minister gave his word in 2008, shook hands with those RCMP officers who were there and made a speech about how important it was to achieve parity.

Mere months later, that promise was broken. The commitment was tossed out the door and the words soon forgotten. The RCMP were left shocked, bewildered and feeling betrayed. As a result, many felt that the time had come to ask for the right to unionize.

Collective bargaining is a right enjoyed by every other police force in the country. One would assume that when the RCMP members asked for the opportunity to put this to a vote and allow them to decide that the government would have said, of course, as that was their democratic right. However, the government did no such thing. It stood in their way and the matter had to be taken to court.

In April 2009, before the Ontario Superior Court of Justice, it found that section 96 of the Royal Canadian Mounted Police regulations breached the freedom of association in accordance with the RCMP under the Canadian Charter of Rights and Freedom. It concluded that the 20,000-plus members of the RCMP did in fact have a right, as did every other police force, to make a decision on whether they wanted collective bargaining and who they wanted as their bargaining agent.

It is not as if this was given freely by the government. The RCMP had to fight for it after the betrayal in 2008.

However, it is not as if the government then pounced upon the finding of the Ontario Superior Court of Justice. In fact, we had to wait from that point until June 17, 2010. It was more than a year later before the government then tabled this bill. This bill was tabled in June and yet we are only just now beginning the process of debating it at second reading.

Committees are going on right now and, in fact, I am taking a brief break to speak here before I head back. However, in committee we will be talking about whether we should immediately go to clause by clause on a pardon bill. We have already dealt with half of the bill, which was Bill C-23A, and we will be dealing with Bill C-23B, but the government is attacking us for not passing this bill immediately.

However, if we look at the state of that bill, it is already on the verge of going to clause by clause. The government itself has admitted that the bill is flawed and needs amendments, which we still have not seen, and yet the government is saying that we are holding it up.

Here is a bill that is in front of us that essentially nothing has happened with since June. In fact, nothing really has happened since the court decision in April 2009 and yet government members feel free to stand and attack myself and other members, who are diligently trying to do work at committee, saying that we are not moving those bills fast enough. Obviously this has not been a high priority for the government and, as a result, this matter continues to stick and linger.

I will talk about some of the things that the bill does initiate and some of the things that we support. I also will quickly go through some of the items that are weaknesses in the bill.

If implemented, Bill C-43 would give RCMP members the right of choice whether they want to continue to work in an non-unionized environment or to pursue a unionized option where they would be represented by a certified bargaining agent. Under a unionized scenario, RCMP members would not be able to withdraw their services.

It would further give the RCMP commissioner new powers to appoint, promote, discipline, demote or terminate the employment of all members, including commissioned officers.

On that point, the committee will need to look in more detail at what exactly is the scope of these new powers and how they would be applied. That is an area of some concern. On the first point, just simply giving the choice to members to unionize or not is something that should be taken as a given and something that RCMP members should not have had to fight for over the last number of years.

It would further establish a total compensation advisory committee to provide recommendations to the President of the Treasury Board with recommendations on overall compensation of RCMP members who are not represented by a certified bargaining agent. Under a unionized scenario, this would include RCMP officers, executives and other non-represented or excluded employees of the RCMP.

Further, it would establish a consultation committee to address workplace issues. 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.

It would maintain the existing informal conflict management system whereby options will continue to be offered 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.

It would provide the commissioner the authority to implement a restructured discipline system that would seek to resolve conduct issues transparently, consistently and promptly. RCMP members would have the right to refer certain decisions or actions of management to the Public Service Labour Relations Board, an impartial and external decision-making body.

And it would establish the Public Service Labour Relations Board as an independent, external third party to make final and binding decisions relating to discipline issues and some grievances of RCMP members.

There are many items that have been called for over a long period of time, certainly that Liberals have been pushing for, that are commendable and laudable and can be supported. One of the areas that is concerning and will have to be looked at in committee is provisions in the bill that would limit who the bargaining agent might be. I am not sure what the reason is for those limitations and why they would be put into force, but it is certainly something that would have to be explained and at the moment seems contrary to the spirit of the decision that was made by the Ontario Superior Court.

On the fact that it would limit certain matters to be discussed, I am concerned about limiting the ability to discuss classification of work, how layoffs might happen, and matters dealing with promotions. These are normally things that would be included in the collective bargaining process. It seems unusual that they would be cut out. It would certainly not be in the tradition of other collective bargaining processes enjoyed by other police forces. So that is going to have to be described and given some consideration.

As for the provision for the Treasury Board president to be able to decide who the bargaining agent is for civilian members, there has been no good explanation provided for that and obviously has a number of civilian members scratching their heads and being concerned as to why the government would put that provision in and why that power would be granted to the Treasury Board president. That will need to be looked at in committee.

Further, I am also concerned about the additional powers given to the commissioner. These powers need to be explained more fully. The powers are particularly concerning in the context of things that we have been hearing about within RCMP, about the head of the organization, about the structure at the top of the organization not being in shape relative to the rest of the organization.

In that regard, because it really reflects on the overall issue of morale, recruitment and retention, we have to talk about some of the other things happening within the force. I am going to start with those that have a direct impact on this notion of extending additional powers to the RCMP commissioner.

Let us start with the commission of inquiry conducted by Justice O'Connor. Justice O'Connor found that the oversight mechanisms provided to the RCMP were wholly inadequate. To give an example, the RCMP public complaints commissioner was not empowered to proactively initiate an investigation when something went wrong. He did not have the power to force information from individuals and it could only be provided to him voluntarily.

Also, as many of the operations conducted by the RCMP, particularly those dealing with intelligence and security operations, deal with more than one agency, there is no power to follow the bouncing ball. If something happens within the RCMP, there is no power to see what happened at immigration or what happened at the Canada Border Services Agency, so everything exists in a silo.

The notion of giving the RCMP commissioner additional powers in the absence of having adequate oversight, I think, is deeply troubling. If Justice O'Connor's report was new, the government could be forgiven for not implementing it. However, we are coming up to nearly the five-year mark of Justice O'Connor's report being tabled. The government said it agreed with the conclusions of Justice O'Connor, agreed that those had to be implemented immediately, yet those recommendations still sit collecting dust, with no action taken.

This is particularly concerning given the fact that we saw what happened with Mr. Arar and the terrible ordeal he went through in a Syrian prison.

It was repeated with Mr. Almalki, Mr. Abou-Elmaati and Mr. Nureddin, in the report done by Justice Iacobucci where he repeated the call, the need for these reforms to take place and to have that oversight.

For I and other members to sit in a room where we had a replica of the cell that these gentlemen were confined to, as they told their stories of listening and waiting as footsteps went by, wondering when they were going to be pulled from their cell and tortured next, and knowing that detention and torture had at its heart many failures within the Canadian intelligence system, we would think the government would be urgently trying to remedy that so that these horrific circumstances and the torture that these men went through would not be repeated. Yet here again we have a bill giving the commissioner new powers, with no oversight.

I would remind this House that Paul Kennedy, who was the RCMP public complaints commissioner, also talked about the urgent need of reform within his office. He spoke about the import of some of these changes and oversight. Of course, like anyone who criticized the government, he was fired, ostensibly his contract was not renewed, because of the fact that he was being critical, because he was showing what needed to change, what needed to be done. The government got rid of him, which is a terrible tragedy. This is somebody who did tremendous work.

Who replaced Mr. Kennedy? Essentially, it was a wills and estate lawyer who had made all kinds of contributions to the Conservative Party, who we have never heard from since and I do not suspect we ever will.

It is hard to think of a week that went by where we did not hear from Mr. Kennedy, stepping forward and speaking out on behalf of the changes that needed to happen within the RCMP. Yet, of the new commissioner, we hear essentially nothing, which given his background and connections to the Conservative Party is probably exactly what the government was hoping for.

However, when these voices are killed, these independent voices that shine light into dark corners, that give us an opportunity to know what the truth is and what is going on, the whole process is undermined. Frankly, it is offensive that the government would come and ask to give even more powers to the commissioner in absence of moving forward at all with any of these oversight mechanisms.

It is also important for us to reflect upon the work that was done in the Brown report, in the wake of the RCMP pension scam, where he said there had to be important structural changes happen to the RCMP as an organization. Mr. Brown gave the government two years. He thought it was an aggressive but achievable timeline in which to make those changes. The government did nothing. It did not recommend a single one of Mr. Brown's changes. Despite the fact that it said, yes, it agreed with what he said needed to be done, it did not implement those changes. In fact, some six months ago we celebrated the two-year mark he had given for the changes to be implemented.

So it is not surprising, when we look at this, why we are having some problems within the RCMP in terms of morale. Those brave men and women who are on the front lines doing their job are looking and asking why these changes are not taking place; why is reform not happening at the top of the organization; why is the government consistently ignoring commission after commission, inquiry after inquiry?

The public safety committee has issued many recommendations on this, and it too is ignored. The government's response is, “Yes, we are going to do it”, and then it does not.

We also know that Mr. Kennedy spoke very clearly about the need to take action with respect to conducted energy weapons. The report that he did on the death of Mr. Dziekanski and the lessons that came from there still largely has not been implemented. Most of the recommendations, some of them very simple around providing direct guidelines and direction for use of conducted energy weapons, still sit not implemented.

As an example, in the case of Mr. Dziekanski, who was fired upon multiple times, the second and third time even after he was already subdued and riling on the ground in pain, one simple recommendation would simply be that once somebody is incapacitated, to stop shooting them. It would seem a fairly straightforward thing to be able to implement, yet even that is not there.

We also know with respect to conducted energy weapons that it really needs to be placed into that continuum of force training that happens at depot, yet at depot that does not happen. Right now when they are getting their continuum of force training, conducted energy weapons are not part of the training. They have guns, a stick, and pepper spray, but left out of that continuum is the taser and the question of where exactly in application of force it should be put.

When we reflect upon all of this overwhelming desire for change, all of the self-evident changes that need to happen and the fact that the government continually does not do it, I am completely baffled as to why.

I get asked by many members, if all of these things are so self-evident, if these reports have been done with clear and concise recommendations and timelines and it is made clear how the implementation should happen, why has it not been done?

The latest excuse, when we get an excuse, was that they were waiting for Justice Major's report on Air India. After Justice Major tabled his report some seven or eight months ago, there was a lot of hope that we would finally get movement on all of these things that have been outstanding forever.

Yet last week the government tabled its so-called action plan on Air India and absent from the action plan was any action. Instead of actually moving on all these things that have been standing and waiting to move forever, there were some vague, general aspirational statements that we would have expected the day after Justice Major's report came out. There is still no movement whatsoever on oversight.

In the case of Justice Major's report, where there were a number of new things that were talked about, including somebody who could head up counterterrorism to break through those different silos there, the victims of Air India had to wait all that period of time only to be told that after the government had said six months ago that it would accept the recommendation, it is now tossing it out. Too bad.

When it came to compensation for those families, too bad. Wait and maybe one day they will hear from the government.

If Justice O'Connor's report is any example at all, it has been five years and we are still waiting. I wonder if the Air India families are going to be asking the same kind of questions that Mr. Arar's family is asking five years later, or Mr. Abou-Emaati's or Mr. Almalki's or Mr. Nureddin's.

I will conclude with this. I think it is important that we empower the RCMP to make the choice of whether or not it wants to unionize.

The bill needs to proceed to committee. There are a number of areas that are weak. However, I would call upon the government, for the sake of the RCMP, this national symbol that is in desperate need of renewal, with Canadians really calling out and begging for the government to make the changes that do service to the organization, that it act on what has been asked of it and move on what needs to be done, not just on this but on all outstanding matters.

[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.

The House resumed consideration of the motion that 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, be read the second time and referred to a committee.

[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.

[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.

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

Mr. Speaker, I am pleased to rise today to speak to Bill C-43, Royal Canadian Mounted Police Modernization Act.

At the end of the day, Bill C-43 is all about choice. This legislation, if enacted, would give the RCMP's membership the choice of whether or not they want to unionize and be represented by a bargaining agent.

In my opinion, the membership of the RCMP deserves the choice to make an informed decision as to whether or not a union is the best way in which to represent their views and negotiate on their behalf.

At present, the RCMP is the only police force in Canada not represented by an association. Looking at other police associations across Canada, we can see that they have worked quite well and have given police officers a strong voice, whether it has been fighting for improved working conditions or the gun registry, for example.

One thing that is important to keep in mind is that this legislation would not allow the RCMP the ability to strike. Just as it would with other police associations and emergency service personnel, a strike would greatly risk the safety and security of Canadians. A union or an association would exist to bargain on members' needs and members' behalf and represent their views to management.

Whether or not the RCMP should form an association is a longstanding issue, and there are arguments on both sides. Organizations such as the Mounted Police Association of Ontario and the British Columbia Mounted Police Professional Association have been vocal supporters of unionization.

They took this matter to court, and on April 6 of last year an Ontario Superior Court judge ruled that section 96 of the RCMP regulations breached the freedom of association guaranteed by the Charter of Rights and Freedoms.

The conclusion was that Canada's 20,000 RCMP officers have the right to decide whether they should or should not unionize. That is a choice I believe they deserve to make and are best suited to make.

Now on the other side of that argument, there are some valid issues being raised. There are some individuals within the civilian membership of the RCMP who have expressed concerns. They worry that a future union could lump them in with the officers and that their unique issues and needs may not be appropriately represented.

That is a valid concern and something we should explore in greater detail at the committee stage by having witnesses from all sides come forward to explain their views.

I have before me a letter that was written by the staff relations representative, Steve Raine, chair of the SRR national staffing committee, who raised a number of concerns. Under the category of employee review, which is currently being undertaken by senior management, he indicates in this letter that there has been this type of review in 1995, 1998, 2001, 2004, as well as 2007, and they are under the understanding that it is again being reviewed.

The civilian members feel that not only is it a waste of taxpayer dollars because, of course, it has been reviewed so many times but also the reclassification that could occur as a result would have a serious impact on the operational efficiency of the RCMP and could jeopardize public safety.

They raise this issue of the category of employee review because they also feel it is causing great unease with the regular members at a time when Bill C-43 is also potentially going to dramatically change the entire system of staff representation.

The regular members do not want to be treated like every other police force in the country. The civilian members do not want to be viewed as simply public servants. The letter says, “The RCMP is unique and it is our membership—regular and civilian—that makes it so”.

There are concerns being raised by the civilian membership, and I think they have to be taken into consideration when we look at this bill.

Bill C-43 is about more than just giving the RCMP the choice to form an association. It contains a number of other significant changes to Canada's national police force.

It would give the commissioner of the RCMP new powers to appoint, promote, discipline, demote or terminate the employment of members, including commissioned officers. These are authorities similar to those of deputy heads of the federal public service and those of heads of other large police services.

I asked my hon. colleague who presented this bill for his response to giving the commissioner additional powers and he gave his viewpoint on this. There has been concern expressed because of some of the changes that have occurred under the commissioner in the last number of years, and a thorough review of those powers needs to be conducted because we do not want to do something in haste that would cause more concern and more grievance within the RCMP.

The commissioner would also be granted the authority to implement a structured discipline system that would attempt to bring more transparency, consistency and efficiency when dealing with conduct resolution. These changes would be consistent with the discipline systems found throughout other Canadian police services and the rest of the public service.

It is something that needs to be thoroughly investigated at committee stage. We have heard some of the concerns through media reports, including concerns from a whistleblower, on some of these changes to the RCMP and things that have occurred over the last number of years. These powers need to be thoroughly reviewed.

The bill would also establish a total compensation advisory committee, which would provide recommendations to the Treasury Board president on overall compensation of RCMP members not represented by a bargaining agent. A consultation committee would be created to address workplace issues. Members would be given the opportunity to bring their views and concerns directly to managers either individually or as a group. This could include discussing potential workplace improvements or identifying areas of concern. It is just one more way in which communication within the RCMP could be improved.

A public service relations board would be created to act as an independent, external third party, which would make final and binding decisions relating to discipline and grievance issues of the RCMP members. Some issues would not be referable. These would be grievances related to the assignment of duties, law enforcement techniques or uniform standards. Such a board would have to take into account the unique role the RCMP plays as Canada's national police organization protecting Canadians from coast to coast to coast.

Bill C-43 is not a small piece of legislation. It is 116 pages filled with clauses that could make significant changes to the structure and operation of the RCMP. Therefore, we must ensure an in-depth study at committee stage to allow witnesses the opportunity to voice their support, concerns and general opinions. For instance, the new powers that would be granted to the commissioner, as I indicated earlier, must be studied further to ensure transparency and accountability.

I look forward to hearing further debate on this bill from all of my colleagues and from witnesses at committee stage. The men and women of the RCMP deserve to decide for themselves whether they feel adequately represented or whether an association would better their working conditions.

As I said earlier, some of the background on the development of Bill C-43 deserves mention. 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, was introduced in the House of Commons by the hon. President of the Treasury Board in June of this year.

Bill C-43 is a direct response to an April 2009 decision, over a year later, by the Ontario Superior Court of Justice, which found that section 96 of the Royal Canadian Mounted Police Regulations breached the freedom of association accorded to RCMP members under the Charter of Rights and Freedoms, a very important clause.

The decision concluded that under the charter, Canada's 20,000 RCMP officers are entitled to decide whether they wish to bargain with the force's management through a union of their choice or remain under the existing arrangement, which is ultimately under management's control.

As part of the decision, the court struck down section 96, but gave the federal government 18 months to provide a new statutory framework for collective bargaining. This period was to have ended in October 2010, but at the last minute after three previously unsuccessful attempts by the government to obtain a stay of the court ruling, the Ontario Court of Appeal granted a stay lasting up to 30 days after the release of the related Supreme Court of Canada decision involving the rights of farmers to organize. The Supreme Court decision is expected some time this fall or in the spring of 2011.

As I said earlier, Bill C-43, if implemented, would give RCMP members the choice of whether they want to continue to work in a non-unionized environment or pursue the unionized option where they would be represented by a certified bargaining agent. It would also give the RCMP commissioner new powers to appoint, promote, discipline, demote or terminate the employment of all members including commissioned officers, quite significant powers.

It would also establish, as I said earlier, the total compensation advisory committee to provide recommendations to the President of the Treasury Board on the overall compensation, pay and benefits, of the RCMP members who are not represented by a certified bargaining agent. Under a unionized scenario this would include RCMP officers, for example inspectors or the ranks above, executives or other non-represented or excluded employees of the RCMP.

It would also establish a consultation committee to address workplace issues. Through a series of local, divisional, regional and national consultative committees and/or 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, if implemented, would also maintain the existing formal conflict management system whereby options would continue to be offered 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. It would also provide the commissioner with the authority to implement a structured discipline system, which would seek to resolve conduct issues transparently, consistently and promptly.

RCMP members would have the right to refer certain decisions or actions of management to the Public Service Labour Relations Board, an impartial, external decision-making body. As I said, it is a very complex and lengthy bill. It would also establish a Public Service Relations Board as an independent external third party to make final and binding decisions relating to discipline issues and some grievances of the RCMP members.

As I stated earlier, there have been concerns. There has been some stakeholder reaction. For example, the right of the RCMP members to unionize is a longstanding issue and various informal RCMP labour associations such as the Mounted Police Association of Ontario and the British Columbia Mounted Police Professional Association, which were the ones who brought the issue to the courts to begin with, have been particularly vocal on granting RCMP members the right to associate. As part of the temporary court-ordered stay, these groups have also been given access to the RCMP's email system as well as its intranet and intranet bulletin boards to post information about the benefits of unionization.

There have been many pieces of correspondence that have been sent out by these associations to ensure that members of the RCMP have been apprised of their rights. In fact in a member communication, they talk about the historic reason why they have been forbidden to do this and that they really do feel that collective bargaining is essential for members of the RCMP. They talk about collective bargaining simply referring to work-related negotiations between an employer and group of employees that has members of the association permitted to negotiate on their behalf.

They talk about some of the successes that these associations have been able to achieve. For example, police associations in Canada succeeded in improving the lives of their members, as they say in their correspondence, and they talk about the elimination of voluntary overtime. In negotiations, for example, in mid-2000, the Toronto Police Association fought to retain an existing minimum staffing requirement of two officers per patrol car. They talk about the Police Association of Nova Scotia, which recently defended its members against a pension deficiency. They talk about the Royal Newfoundland Constabulary from my own riding introducing the public awareness campaign that resulted in an increase in the force's budget, which resulted in the hiring of more officers and improvements in training.

They list these types of achievements of the bond of association, and say that if the RCMP felt so inclined they feel that these associations would be able to bring forward positive changes on their behalf.

They have been bringing forward this issue, speaking not only very strongly in the court-related process but also to members of Parliament on these very serious issues that they feel need to be addressed.

Again, I bring the House back to the staff relations representatives who have an alternate view. They feel that we should rethink this whole move toward an association by the RCMP or at least give them the opportunity to voice their concerns on these matters and give them the opportunity to say why they should not be included in this group or association, why they are concerned about some of the issues around the category of employee review.

In conclusion, I would like to say that I think the bill provides a new labour relations regime for the RCMP, that it should go to committee for further review and further analysis, that we need a fulsome discussion about this issue, bringing forward some of the internal concerns of the RCMP, some of the staff relations concerns, and as well giving the RCMP members and officers themselves an opportunity to come forward with why they feel it may be to their benefit or not to their benefit to come forward in this manner.

I think we also need a full discussion on some of the review panels and the tribunals that are going to be created under this act. I think as well that we have to consider the powers of the commissioner and whether or not they are at the right level of powers, the right actions at this particular time, and how we can move forward to ensure that the RCMP, that most respected institution, is given even a greater opportunity.

[Stockwell Day, Conservative, President of the Treasury Board and Minister for the Asia-Pacific Gateway]

moved that 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, be read the second time and referred to a committee.

Mr. Speaker, I am pleased to address the bill before us today. As background, I think I join all members of Parliament in saying how much we appreciate the men and women of the RCMP who have for generations, and continue to, served Canadians from coast to coast. They have done that with professionalism, with courage, with commitment and with dedication. From the most remote areas of our country to highly urbanized settings, the RCMP has been there for us and continues to be. Citizens recognize and appreciate that from coast to coast.

I especially learned more about the RCMP and its workings in a previous portfolio, public safety. During that time, my appreciation for the RCMP and the work which it did only grew. In fact, I had a great opportunity to see how the RCMP was recognized, not just nationally but internationally, as a policing force and as a police organization that had demonstrated time and time again that it had the professionalism, the dedication and the commitment to do the job that Canadians had come to know and respect and to appreciate.

No organization is beyond having an inward look. No organization performs perfectly 100% all the time. That is certainly true of this chamber in which we now stand and even of the occasional political party. It has been known that 100% perfection is not always achieved.

It was an honour for me, as one of a number of highlights with the RCMP and my involvement with it, to preside over the first ever appointment of a female commissioner of the RCMP, particularly in a difficult time. She did an admiral job and had the resounding support of members throughout the organization. I was also able to preside over the appointment of the first ever non-RCMP officer to the appointment of commissioner. Therefore, the RCMP has shown that it is, in many ways, a modern organization facing the challenges of international crime, national crime, modernization on a technological basis and in virtually every other level.

A year ago, April 6, a court ruling in the Ontario Superior Court looked at the labour management regime of the RCMP. Presently the labour management regime has a staff relations representative program, one that was contested in court in terms of its constitutionality as recently as 1999. In fact, the constitutionality of the labour relations setup in the RCMP withstood that constitutional challenge.

The RCMP, as we would all know here, is the only police force in Canada that is not unionized. It was more or less on that basis that a challenge was taken to the Ontario court, which came to a conclusion that it was not constitutional for RCMP members to be represented in this present manner because it had not yet fully allowed them the choice of having a collective bargaining process that would be recognized as a union-based process. Therefore, the court said that the present regime was not constitutional.

Now people may debate that back and forth. Even within this chamber there may be different views on that, but that was the ruling of the court. The court wisely put an 18 month stay on its decision because it said that if we declared April 6, 2009 to be the day that the present staff relations representative program was null and void, there would be the possibility for a high degree of chaos within the organization.

Individual groups could spring up all around the country. We could even have the possibility of an organization represented by a number of unions or a number of different organizations. Therefore, the Ontario court said that it would stay this for 18 months, until something was in place that would meet the demand of the court.

The government appealed that, for a number of reasons. One of the main reasons was there was another case at the Supreme Court of Canada, the Fraser case. The outcome would have some direct bearing on this one. Therefore, the Government of Canada appealed the Ontario ruling and asked for that to be taken into consideration.

The courts ruled favourably on the federal government's appeal on that. The present situation is this will be addressed 30 days after the result of the ruling on the Fraser case by the Supreme Court of Canada. We will have to wait to see when that happens. We do not have a date for that as it is at the pleasure of the Supreme Court.

However, there has to be an immediate vehicle in place, should the rulings go in such a way that the Ontario ruling is upheld and the present labour relations regime is upheld as being unconstitutional, to allow RCMP members to decide what type of labour management regime will work best for them.

I want to make it clear. The modernization act before us is not an act which would force or require unionization of the RCMP. It is an act that would meet the demand of the court and say that certain provisions would have to be followed, certain constitutional guarantees of representation by members would be put in place, but it would leave that choice to RCMP members. That is the nub of the issue.

The act looks at modernizing a number of other areas also. The entire grievance and disciplinary process in the RCMP needs to be addressed. Right now, the way it is set up, members do not have available to them certain elements of appeal within a grievance process that other members of similar organizations have. This would put in place in the Public Service Labour Relations Board certain abilities for the board to appoint adjudicators. It would allow for disputes or grievances to be addressed early on where members could be face to face with others in the grievance process to look at a possible early resolution of a grievance matter.

Right now, members who face a disciplinary process may have to wait months, in fact, even longer than that, sometimes years, before the resolution of a particular grievance. That is not a fair process to have members going through, having a decision or a cloud hanging over not just their head but possibly their careers for an interminable amount of time. This would speed that process up and would allow for some early intervention and possible early resolution.

There are a number of grievance and disciplinary-related areas in the particular modernization that would to assist the public and assist RCMP members.

Also some changes would be foreseen on the part of the commissioner, whomever the commissioner of the day might be. Presently deputy heads of organizations within government have available to them the levers and the mechanisms to take disciplinary action and also to allow for rewards. That is fairly limited in the present legal situation related to the commissioner. Therefore, there would be some provisions that would allow the commissioner to act with the responsibility that would be commensurate with that position.

The staff relations representatives, certainly the ones I have known and have worked with previously as minister, and I am sure members in the House work with on a local basis, have served with sincerity and with commitment, always looking to the best interest of their members.

This particular legislation is not a reflection on the way they have performed the tasks which the members have asked them to perform. As I said earlier, it is a reflection on the court ruling which is demanding a change. The decision will ultimately rest in the hands of the members themselves, and that is the way it should be.

Adjustments will be made to the past process of pay and having a pay council making recommendations. There will be an external advisory capacity. A number of areas will be directly affected, which are in place, should members here agree. I believe there is some support for having this legislation in place pending a final ruling so that whatever happens the members of the RCMP, the men and women who have committed their lives to keeping us safe, to serving us as admirably as they do, will have the assurance that a mechanism will be in place that will not leave their concerns unattended whichever way the final ruling in court goes.

That is what we have before us today. I would invite careful analysis of this particular modernization act. I hope that we will find support for it. This is being done in a non-partisan way because the interests and the safety and security of our communities, our families, our businesses are paramount at this point in time. I believe members on all sides will see it this way and that is what I anticipate as the bill moves forward.

Business of the House

[Tom Lukiwski, Conservative, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, I will start with the hon. member's last question first.

The member is right, that was an extremely long question. I pointed out to this place that the Liberals were making it a common practice of writing questions that should be divided into several questions rather than just one. The question that I read into the record of this House took over 15 minutes to read. It is an attempt by the Liberal Party, continuous attempts by the Liberals, to obfuscate, to delay the proceedings of this House and to, quite frankly, impede the ability of government departments to get on with important government legislation.

Mr. Speaker, I hope that you, in your wisdom, will rule on that very important point of order as quickly as possible.

With respect to the business today, we will continue with the Liberal opposition motion and business of supply. Tomorrow we will hopefully complete the final stage of C-30, Response to the Supreme Court of Canada Decision in R. v. Shoker Act. Following Bill C-30, we will call, at report stage, Bill S-6, Serious Time for the Most Serious Crime Act.

On Monday, we will continue with any business not concluded this week, with the addition of Bill C-43, Royal Canadian Mounted Police Modernization Act, and Bill C-12, Democratic Representation Act.

On Tuesday, we would like to complete the third reading stage of Bill C-21, Standing up for Victims of White Collar Crime Act.

Next week, we will also give consideration to any bills that are reported back from committee. Further, if time permits, we would also debate next week Bill C-38, Ensuring the Effective Review of RCMP Civilian Complaints Act; Bill C-50; Bill C-51, Investigative Powers for the 21st Century Act; Bill C-53, Fair and Efficient Criminal Trials Act; and Bill C-19, Political Loans Accountability Act.

Finally, on Tuesday evening, we will have a take-note debate on the trade agreement with the European Union, and on that subject, I would ask my colleague, the chief government whip, to move the appropriate motion.

[John Baird, Conservative, Leader of the Government in the House of Commons and Minister of the Environment]

Mr. Speaker, before I respond to the hon. member's question, I want to say that at our House leaders meeting just two weeks ago, the government raised the issue of one of the Liberal members calling a minister of the Crown a “slime” five times.

The House leader for the Liberal Party is seeking to raise the decorum and the quality level of debate in this place. The member is a senior member of the Liberal shadow cabinet. Before I answer the normal Thursday question, I wonder if the member could update us on where we are on that.

The House leader of the official opposition has also been very passionate in wanting to reduce the amount of heckling in this place and yet we was rather egregiously heckling the Minister of Finance yesterday on Walkerton. I spoke with the member who represents that constituency and that community takes great offence at the continuing vilification of the name of their town. Maybe we will get that next week with the slime comment.

Today we will continue the opposition motion from the Bloc Québécois.

Friday we will debate Bill C-41, strengthening military justice, and Bill C-43, the RCMP labour modernization.

On Monday, Tuesday, Wednesday and Friday of next week we will call Bill C-49, action on human smuggling; Bill C-47, sustaining Canada's economic recovery; Bill C-22, protecting children from online sexual exploitation; Bill C-29, safeguarding Canadians' personal information; Bill C-41, strengthening military justice; Bill C-43, the RCMP labour modernization; Bill C-54, child sexual offences; Bill C-33, safer railways act; Bill C-8, Canada-Jordan free trade agreement; and, Bill C-20, an action plan for the National Capital Commission.

Thursday will be an allotted day for our friends in the New Democratic Party.

[John Baird, Conservative, Leader of the Government in the House of Commons and Minister of the Environment]

Mr. Speaker, let me make an undertaking to my colleague, the House leader of the official opposition, to make enquiries into that and respond to him in short order.

The House will continue today with the opposition motion.

Tomorrow we will continue debate, and I know the NDP will be excited about this, on Bill C-10, Senate term limits; Bill C-19, regarding political loans; followed by Bill S-3, tax conventions implementation.

On Monday and Tuesday of next week, we will call Bill S-3, tax conventions implementation; Bill C-3, gender equity in Indian registration; Bill C-28, fighting Internet and wireless spam; Bill C-22, protecting children; Bill C-29, safeguarding personal information; and Bill C-30, response to the Supreme Court of Canada decision in R. v. Shoker.

On Wednesday and Friday we will call Bill C-41, strengthening military justice; and Bill C-43, RCMP labour modernization.

Thursday will be an allotted day. I believe this allotted day will go to the Bloc Québécois.

With respect to a take note debate, there have been discussions amongst the parties. There have not been a lot of take note debates. Two weeks ago we had one on veterans issues. I believe next week we will be having one on the issue of pensions, which I know is a concern for all of us, but particularly this was brought forward by the House leader for the official opposition. I believe we are looking at Tuesday night for that.

I appreciate the co-operation we have had from all parties. This gives members an opportunity to bring issues relevant to their constituents forward in the House.