Enhancing Royal Canadian Mounted Police Accountability Act

An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Vic Toews  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

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

This enactment enhances the accountability of the Royal Canadian Mounted Police by reforming the Royal Canadian Mounted Police Act in two vital areas. First, it strengthens the Royal Canadian Mounted Police review and complaints body and implements a framework to handle investigations of serious incidents involving members. Second, it modernizes discipline, grievance and human resource management processes for members, with a view to preventing, addressing and correcting performance and conduct issues in a timely and fair manner.
It establishes a new complaints commission, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police (CRCC). Most notably, it sets out the authority for the CRCC to have broad access to information in the control or possession of the Royal Canadian Mounted Police, it sets out the CRCC’s investigative powers, it permits the CRCC to conduct joint complaint investigations with other police complaints bodies and it authorizes the CRCC to undertake policy reviews of the Royal Canadian Mounted Police.
It establishes a mechanism to improve the transparency and accountability of investigations of serious incidents (death or serious injury) involving members, including referring the investigations to provincial investigative bodies when possible and appointing independent civilian observers to assess the impartiality of the investigations when they are carried out by the Royal Canadian Mounted Police or another police service.
It modernizes the Royal Canadian Mounted Police’s human resources management regime. In particular, it authorizes the Commissioner to act with respect to staffing, performance management, disputes relating to harassment and general human resource management.
It grants the Commissioner the authority to establish a consolidated dispute resolution framework with the flexibility to build redress processes through policies or regulations. It provides for a disciplinary process that will empower managers or other persons acting as conduct authorities to impose a wide range of conduct measures in response to misconduct and that requires conduct hearings only in cases when dismissal is being sought.
It also contains a mechanism to deem certain members as being persons appointed under the Public Service Employment Act at a time to be determined by the Treasury Board.

Elsewhere

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

Votes

March 6, 2013 Passed That the Bill be now read a third time and do pass.
March 6, 2013 Passed That, in relation to Bill C-42, An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts, not more than one further sitting day shall be allotted to the consideration at third reading stage of the Bill; and that,15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.
Dec. 12, 2012 Passed That Bill C-42, An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts, as amended, be concurred in at report stage.
Dec. 12, 2012 Failed That Bill C-42 be amended by deleting Clause 1.
Sept. 19, 2012 Passed That this question be now put.

Royal Canadian Mounted PoliceOral Questions

May 7th, 2013 / 2:45 p.m.
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NDP

Françoise Boivin NDP Gatineau, QC

Mr. Speaker, the minister must be afraid someone will contradict him. Why else would he prevent the RCMP from speaking freely to parliamentarians?

The officer in question was to testify before the Senate about Bill C-42, which, in the opinion of a number of officers and the NDP, should have been rewritten. In addition to rejecting our amendments, the Conservatives are rejecting the evidence of witnesses who might support them. So much for freedom of expression.

Need I remind the minister that it is his responsibility to listen to criticism in order to implement the best public policies and not to muzzle those who might contradict him?

Strengthening Military Justice in the Defence of Canada ActGovernment Orders

April 29th, 2013 / 12:35 p.m.
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Liberal

Judy Sgro Liberal York West, ON

Mr. Speaker, I am pleased to get up and to follow my colleague today in raising some of the concerns we have with Bill C-15.

It seems the longer we are here in the House, the more we see a variety of things happening. My colleague from Malpeque mentioned that now, in order to speak to members of the RCMP, MPs must have permission from the minister. I have had many conversations with the RCMP on the issue of sexual assault and harassment in the RCMP in the last year or so. That announcement just helps to bring forward more of these issues about a balance of justice and fairness in the system for everybody, whether they are in the military or a private citizen. We all need to be very much concerned when the politics get too far into the issues of policing or justice. Hence, the reason that I am on my feet and commenting on Bill C-15, which is an act to amend the National Defence Act.

I will read a bit of the information, so that we and anybody who is watching will know why we are raising some issues on something that we are not 100% against and at one point we may have even supported. It will put this in the context of so many other things that seem to be heading in a direction where we are going to politicize the police force the same way that everything that the Government of Canada puts its hands on is politicized. We need to flag these issues, so that we all are thinking them through very carefully. Therefore, I offer a bit of a summary on Bill C-15 and what it is about.

Bill C-15 would “(a) provide for security of tenure for military judges until [they reach the age of 60];...”, which is the retirement age for military judges, contrary to all other Canadian citizens who would have to wait until they are 67 to get their pensions. They could be removed for cause on the recommendations of an inquiry committee, or through resignation. It would also “(b) [allow for] the appointment of part-time military judges;” and outlining sentencing “...objectives and principles;”.... The bill would “(d) provide for [new] sentencing options, including absolute discharges, intermittent sentences and restitution [orders];...”.

As my colleague across the hall mentioned, there are some things in here that are supportable. Unfortunately, the question is whether there would be a true balance of justice in all aspects of it. Like many things that are introduced into this House, it does not necessarily qualify on many avenues. There are some parts of it that would be good, but there are always so many other parts in legislation brought forward by the government that are not good. We do not just adapt something because, while it has three good parts in it, the rest of it is no good. Because of that we have to support it? No. If it is not good in the overall 10 points that need to be examined, then we should not be supporting it.

Bill C-15 would look “...at amending composition of a court martial panel [selections] according to the rank of the accused...”, and it would change “...the name of the Canadian Forces Grievance Board to the Military Grievances External Review Committee”.

That raises another issue. In the RCMP or the military, when the members have a serious grievance, where do they go? In the RCMP, from what we have heard in the sexual harassment hearings, they have to go to their own supervisors. Many times that is the person causing the problem. Or they go to another person above that person, but it is always within the same confines of that same family. For the RCMP in particular, there needs to be an external review board that is 100 yards away from anything to do with the RCMP, that is truly independent and can hear a grievance from anyone who is working for the RCMP. Similarly for the military, there needs to be an arm's-length grievance committee, or a place where members can go and truly get a hearing on their issue. Complaining to their supervisor's friend who is going to keep everything within the same confines, and is not going to want to see anybody pay too big a price for a grievance, really jeopardizes justice in this country. Certainly, from what I have heard from the hearings, there is a need for a union to represent many of the officers.

If they want to do things right, then there has to be an arm's-length committee, as many of the police services across Canada have. It is an external body, where people can go with a serious complaint and get a true hearing. It is not just “passing the buck” from one to another; then people end up not getting true justice. One of the things that we hear a lot about in the Liberal Party, as I think all elected members of Parliament do, is justice. Justice does not only need to be done, it needs to be seen to be done. The perception out there is that is not way it is necessarily happening.

As Liberals, we understand the need to reform the Canadian court martial system to ensure that it remains effective, fair and transparent. Canada has been the leader in so many areas when it comes to human rights, when it comes to the charter, and when it comes to issues of fairness, of ensuring that what we do in Canada is balanced and fair and respectful of everybody's rights. More and more we are having to question whether that is exactly what is happening or not. We believe, as Canadian citizens and as Liberals, that people who decide to join the Canadian Forces should not thereby lose part of their rights before the courts.

Again, we are back into that system. We want to attract more and more young people to a career in the military. We see the men and women who are out there fighting for us and representing us, and we are grateful that they have the courage and the commitment to do this. We want to make sure that they are treated fairly.

Bill C-15 does not answer all those questions. It leaves a lot of questions unanswered. Before we pass Bill C-15, we should make sure we have perfected the bill so that those in the military are not losing their opportunities for a fair and just trial.

The Liberal Party also understands that rights and equality are universal. We talk a lot about that. That really means that it is for everybody. It does not matter who a person is, where they come from or what job they are doing, we would like to think that everybody in Canada is treated fairly and equitably. Without an effective means for an appeal and no recorded proceedings, the current summary trial system is unbalanced and does not represent the basic rights of a Canadian Forces member.

We also do not believe that introducing a criminal record for Canadian Forces members for certain offences is fair and just as a means for pardoning offences, which has recently been removed by the Conservatives. Again, we go back to trying to be fair and balanced, and treating people with respect, making sure that everybody has their role and that they do not violate that.

We also find it problematic that the VCDS can intervene and give direction in military police investigations. The VCDS is also subject to the code of service discipline.

Bill C-15 is in keeping with a lot of Bill C-42 and a lot of other things that continually try to give other people more power rather than making sure that we really have an equitable system that is going to be there to represent everyone, that we are not going to discourage people from joining the service, that we are not going to have people join the military and then leave, speaking very negatively about their experience.

Shifting the power around to different people rather than having an independent body do the review makes us question where we are going with this issue. I met yesterday with a group of people from Venezuela who were upset about the recent election. They were talking about how the government of the day controls everything. These things keep being raised.

I am really concerned that little by little we are losing the things that we value the most here in our own country, that there is an eroding of the power of parliamentarians, and that a real miscarriage of justice is happening.

Combating Terrorism ActGovernment Orders

April 22nd, 2013 / 12:10 p.m.
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Conservative

Candice Bergen Conservative Portage—Lisgar, MB

Mr. Speaker, that is pretty remarkable coming from a member on that side of the House, when every time we try to bring forward legislation that supports law enforcement, as is evident today, members vote against it and do not support it.

The fact is that we have increased front-line officers at the border by 26%. However, it is no surprise that when the NDP members do not have a valid argument for their shallow dismissiveness of a very serious threat, they spew inaccurate talking points. It is this government that has time and time again given more resources to law enforcement, whether it is at the border or it is the RCMP, with Bill C-42. There have been legislative changes, whether we are talking about legislative changes to support victims, or in this case, where we are bringing forward legislation that has been asked for by law enforcement across the country who know terrorism is a real threat. They have asked for this legislation, and the members opposite have voted against it.

If NDP members want to argue against the legislation, go ahead. I would be happy to debate any one of them head-to-head on this legislation. Instead, what are we hearing from them? We are hearing that we do not need to do it right now.

Last October, the NDP member for Brome—Missisquoi expressed his reservations for this legislation by saying, “since 2007, nothing has happened in Canada. The country has not been subject to terrorist attacks”. Frankly, that kind of irresponsible head-in-the-sand attitude is not only disappointing, but it is very troubling. I think Canadians will look at the NDP members and look at their reaction.

When they have a chance to support important legislation, they could do one of two things. They could support the legislation or they could stand up and give an informed and intelligent response. However, what we are hearing so far today is pretty shallow, and I would say intellectually bankrupt.

March 26th, 2013 / 12:55 p.m.
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NDP

Niki Ashton NDP Churchill, MB

Yes. One of the things that we've struggled with, however, including in recent legislation like Bill C-42 is that in the general references to workplace safety, when there is no direct reference to sexual harassment, it gets lost in the mix. We believe there should be specific discussions around how organizations like your own, with very similar realities, work to put an end to sexual harassment, which is obviously a concern in the RCMP as well.

Just to go back on the question of training, Deputy Chief, obviously there's the recruitment process, but do you do training every so often to bring people up to speed in today's world around sexual harassment?

March 21st, 2013 / 10:15 a.m.
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Conservative

Candice Bergen Conservative Portage—Lisgar, MB

Thank you.

Again, just to clarify, that funding you referred to is under Bill C-42, which the NDP voted against.

March 21st, 2013 / 10:15 a.m.
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Conservative

Candice Bergen Conservative Portage—Lisgar, MB

Thank you very much, Mr. Chair.

There's a couple of things I want to touch on really quickly, because of the work we have done on cybersecurity. I can reassure Monsieur Guimont and say that indeed there was no cybersecurity plan prior to our government's implementing it. When Mr. Scarpaleggia drills anybody on how much money is being spent on cybersecurity, we do know that under the Liberals zero dollars were going towards cybersecurity, because they didn't have a plan.

I also want to direct something to Commissioner Paulson. Mr. Rousseau was asking about funding going towards the independent complaints commission. Under Bill C-42, which I know you strongly support, and no thanks to the NDP, but thanks to the Liberals, who did support it, we were able to pass that.... Bill C-42 is actually at the Senate right now. There's $5 million alone that will go towards this complaints commission, this body, as well as an additional $10 million to implement Bill C-42. Is that correct? Is it something that will be helpful?

Response to the Supreme Court of Canada Decision in R. v. Tse ActGovernment Orders

March 19th, 2013 / 11:45 a.m.
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NDP

Matthew Kellway NDP Beaches—East York, ON

Mr. Speaker, I thank my colleague from Timmins—James Bay for his struggle on behalf of Canadians and their interest in their privacy rights, in particular with respect to the bills he mentioned, Bill C-12 and Bill C-30.

I cannot speculate on why the government has such callous and obvious disregard for the privacy rights of Canadians. I cannot account for the zealotry of the minister himself and, perhaps as my colleague suggested, the PMO, nor the disregard for the charter, the Canadian Bill of Rights and the other legislation that, frankly, obligates the government to bring forward legislation to the House only after it has been vetted for conformity with the charter.

There is obviously a trend here. I reflect on past speeches I have given and all of these issues ultimately go to accountability. Bill C-42 had the opportunity to provide the House with oversight of the RCMP, and the Conservatives ignored that. They go to Senate omnibus bills and so on and so forth.

March 19th, 2013 / 10:15 a.m.
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Conservative

Candice Bergen Conservative Portage—Lisgar, MB

Thank you very much.

Justice Major, I do have a question for you, so I hope you can stay a little bit longer, if possible.

I just want to start with Mr. Pecknold, though, regarding the discussion he just had with Mr. Garrison. I think you would agree with me, Mr. Pecknold, that you are talking about two separate issues.

First of all, the cost of policing is something that is front of mind for all of us. In fact, it was our Minister of Public Safety who initiated a conference and brought together leaders in January to discuss the cost of policing. As well, we realize that more investments are needed. That's why we just passed Bill C-42, with an additional $15 million to help support the RCMP and bring greater accountability. Unfortunately, it wasn't supported by everyone in the House.

I think what we want to talk about right now and what I think is important is Bill C-51, and the three major changes we are making to the witness protection program. First, it will actually help the provinces because it will create a more streamlined system whereby identity changes can be made. Second, it will expand the criteria, as recommended by Justice Major. Third, there will be greater protection for those who are under the program and those administering it.

I would think you would agree that there are no actual additional costs. The RCMP has testified to it. There will be no additional costs to municipalities from these changes in Bill C-51.

The House resumed from February 28, consideration of the motion that Bill C-42, An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts, be read the third time and passed.

Bill C-42—Time Allocation MotionEnhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

March 6th, 2013 / 4:10 p.m.
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NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, I am pleased to have the opportunity to ask the minister a question about shortening the debate on Bill C-42. I found it interesting that the committee spent only a few meetings discussing this bill. The last time the Royal Canadian Mounted Police Act was amended, which was several years ago, it took months and months of serious study. I find the seriousness to be lacking this time.

In addition, the minister said at the outset that he was open to amendments because he felt that the bill was worth studying properly and that it might be lacking in some way. The only amendments the Conservatives accepted were their own, and they mainly had to do with correcting spelling mistakes.

Does the minister not feel that we did not have enough time and that we still need more time to debate this extremely important bill? Does he not think it arrogant not to listen to what the opposition has to say on the matter?

Bill C-42—Time Allocation MotionEnhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

March 6th, 2013 / 4:05 p.m.
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NDP

Anne-Marie Day NDP Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, this is the 29th time debate in the House has been interrupted and our members' right to speak has been taken away. Democracy is under attack.

The Conservative Party is mastering the art of downplaying the issues we are working on. The minister uses rhetoric about a title, as if our work was about titles, when we work on content.

We have the right to be heard as members. We have the right to go into detail, and we have the right to use all our time. Not all the members of the House have been heard on Bill C-42.

The minister said that this was a waste of time. I am quoting him word for word, if the translation is correct, obviously. He said that it is a waste of time to listen to members.

It is shameful to hear that.

Bill C-42—Time Allocation MotionEnhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

March 6th, 2013 / 3:55 p.m.
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Provencher Manitoba

Conservative

Vic Toews ConservativeMinister of Public Safety

Mr. Speaker, I appreciate the opportunity to participate in the debate.

I want to point out that today is the 15th day that Bill C-42 is being debated. That is 15 days. The member is concerned that something is being hidden. If something is being hidden, I do not know what it is. We have certainly been very clear in our position as to what the people of Canada should know and the steps we are taking in respect of the RCMP.

What is the response of the NDP members? Their amendments include deleting the short title of the act, which is enhancing Royal Canadian Mounted Police accountability act.

Why do we spend time debating that kind of title? What is it about enhancing accountability that the opposition does not want the RCMP to follow?

Bill C-42--Notice of time allocation motionEnhancing Royal Canadian Mounted Police Accountability ActPrivate Members' Business

March 5th, 2013 / 6:15 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons

Mr. Speaker, I rise on a point of order. I regret to advise that, with regard to Bill C-42, An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts respecting RCMP accountability, no agreement was reached pursuant to Standing Orders 78(1) and 78(2).

As a result, pursuant to Standing Order 78(3), at the next sitting of the House a Minister of the Crown will move to set a specific number of hours or days for consideration of this matter.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 28th, 2013 / 5:15 p.m.
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NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, I am pleased to rise to speak on Bill C-42, the Enhancing Royal Canadian Mounted Police Accountability Act.

We can see quite clearly, through the work that has been done by our side of the House in exposing it, how difficult it was to get any amendments to this bill and how difficult it was to deal with the real issues that witnesses in front of the committee brought forward. This is a pattern that the Conservative government in its majority has worked on pretty hard. It exists in almost every committee of this House.

While I support the need to modernize the workplace of the RCMP, this bill does not do enough to reach that objective. My colleagues on this side of the House have gone through the process and raised many valid issues and complaints.

As a person from the northern regions of Canada where the RCMP is the only police force, and having lived there all of my life, I see that there is really a requirement in small communities across the north for RCMP officers to have the opportunity to have a very direct relationship with others that they can get hold of in order to deal with the kinds of grievances that may arise in very small detachments. I just do not see that this bill is adequate to deal with that.

Having said that, I want to focus on two proposed new subsections of the act that maybe have not received much attention and that I think are very interesting subsections of the bill. We need to look at subsection 31(1.3) and subsection 31(1.4).

Section 31 of the act sets out when an RCMP member may make a grievance and sets out limitations to when an officer may not make a grievance.

Proposed subsection 31(1.3) reads:

A member is not entitled to present a grievance relating to any action taken under any instruction, direction or regulation given or made by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

In other words, officers who refuse to carry out an unlawful order can be disciplined up to and including dismissal from the force, and they would not be able to complain that they are being punished for refusing to obey the law.

This section could also mean that RCMP officers who blow the whistle on illegal orders would also be subject to discipline, including dismissal, and would have no right to complain that they were being disciplined for revealing illegal activities inside the RCMP, even if they were under the instruction of the government—especially if they were under the instruction of the government.

Retired RCMP officer Rob Creasser, spokesperson for the Mounted Police Professional Association of Canada, said:

It places RCMP members in an untenable situation when they are being directed...to break Canadian or international law.

Proposed new subsection 31(1.4) reads:

For the purposes of subsection (1.3), an order made by the Governor in Council is conclusive proof of the matters stated in the order in relation to the giving or making of an instruction, direction or regulation by or on behalf of the Government of Canada in the interest of the safety or security of Canada or any state allied or associated with Canada.

In other words, the cabinet, a small group of like-minded politicians meeting in secret, would determine which laws the RCMP would have to follow and which laws the RCMP would break, and what those mean.

Gail Davidson, executive director for Lawyers' Rights Watch Canada, describes this clause as very dangerous, saying:

Police officers have special powers...to use force and to deprive people of their liberty, and the reason they have those powers is to keep the public peace.

Keeping the public peace means ensuring that the laws are upheld, and this is legitimate laws and the rule of law.

Some of the dangers in here are that these clauses could be used to condone torture and the use of information gathered through torture. Torture and the use of information gained through torture are against both Canadian law and international law. However, once enforced, this bill would negate these laws.

Upholding the law and the rule of law is something the Minister of Public Safety does not appreciate. With his directions to the RCMP, the Canadian Border Services and CSIS, he has instructed them to use information gained through torture.

Last November Surrey, B.C., RCMP Constable Lloyd Pinsent circulated a paper he wrote with the title, “The Terrorists Have Won. RCMP Ordered to Accept Torture-Tainted Information”.

In his paper, Constable Pinsent lays out how Bill C-42, combined with the Minister of Public Safety's direction that it is okay to use information gathered through torture, essentially ordered the RCMP to break the law.

Mr. Pinsent wrote:

While the direction from Minister Toews is in contravention of existing Canadian and international law, under [Bill C-42’s] section 31. (1.4) the order is to be viewed as conclusive proof and questions about the legitimacy of the order are not allowed either....

What we have here is a situation that can lead to abuse in the future. Why did the Conservative government decide to put this particular aspect into the accountability act, such as they call it? In other words, RCMP members are not accountable here, cannot be accountable and cannot stand up and speak the truth about what is happening to them or how they feel about the imposition of illegal practices upon them through an order of the Governor in Council. The Governor in Council can make that decision in secret, based on its desire to ensure what it considers to be the safety and security of Canada. This smacks of a police state, and I think everybody would agree to that.

In this country, we always have a need for people to deal with illegal behaviour. Canada is a signatory to the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which states:

No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture.

Therefore, with regard to the minister's attempt to justify torture and the use of information gained from torture, any such use or activities are illegitimate under Canada's international legal obligations. However, considering recent actions, the Conservative government has little respect for the rule of law.

In June 2012, the UN Committee Against Torture released a report on Canada's compliance with the UN Convention Against Torture. In this report, the committee raised serious concerns with the Conservative's laissez-faire attitude toward torture saying that it could result in violations of article 15 of the convention. However, Bill C-42 would give more authority for any government to act in a way that is improper and could lead to Canada's reputation being tarnished before the world. It could lead to great human rights abuses. It could lead to a number of other things, such as the need for illegal wiretaps and information collection, and all kinds of activities that could take place in the name of the security of this country. These are very serious issues.

In 2006, Justice Dennis O'Connor, in his report on the events relating to Maher Arar, recommended:

Policies should include specific directions aimed at eliminating any possible Canadian complicity in torture, avoiding the risk of other human rights abuses and ensuring accountability.

These sections in Bill C-42 would go against that recommendation. These sections would create a situation in which the government would have the ability to direct the police force in a way that is inappropriate. Here we have a proposed law that would essentially make it legal for the police to break the law, and if they choose not to break the law, they may be dismissed without the right to a grievance.

This is supposed to be legislation about modernizing the RCMP workplace. However, these clauses would take it backward in time and should not have been put into the legislation. It should have been debated in a different fashion. Perhaps the laws could have been amended to provide some security to Canadians. However, when it comes to viewing these clauses in the bill and the thought of the Conservative government overriding civil rights in the name of national security, we must ask these questions: Did the terrorists win? Has the Canadian state acquiesced?

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 28th, 2013 / 5 p.m.
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NDP

Jean Rousseau NDP Compton—Stanstead, QC

Mr. Speaker, I congratulate my colleagues who spoke before me, especially my colleague who has a great deal of experience in this area.

The NDP has often wondered why RCMP members were not really consulted.

The government says that 12 members of the House used to be police officers in various parts of the country and that they should understand the situation and the changes and amendments that need to be made to the Royal Canadian Mounted Police Act. I am sorry, but the 20,000 officers in the field who serve every day across the country were not consulted. They will be the forgotten ones in this process. We are not asking that each and every one of them be consulted, but only that the government go out into the field. Did the famous government members go back to the field to see how things are going? Do they know how all the changes resulting from Bill C-42 will pan out?

Having said that, I would like to express my gratitude for being able to speak to Bill C-42, Enhancing Royal Canadian Mounted Police Accountability Act, more commonly known as the modernizing RCMP services act. If we want to modernize a service as important to public safety and national security as the Royal Canadian Mounted Police, we must establish a certain process for consulting its members.

I was a human resources manager. When you want to make changes to an organization and its members, you must consult them, listen to them, be receptive to their comments and especially take care of their injuries. Whether or not they are unionized is not part of this discussion. Some have been carrying around not only physical injuries, but also emotional and psychological injuries for too long at the RCMP. They are not being consulted. They are not being listened to. They carry weapons. It seems to me that the government should feel a sense of responsibility to them, should listen and be attentive to them, especially those who are in distress.

It is a matter of national security. Sometimes, they are the first line of defence. But the government is not listening to them. They seem to have been left out of a process meant to enhance performance and increase efficiency so that they can protect us faithfully. I know some of them. I have come to know them since I was elected. They are very proud of their work, their history and the culture of their police force. A negative culture may have permeated the RCMP over the last few years, but we must look at the evidence, examine the situation coolly, and then make changes and implement them in the field.

We know how important it is to have not only an effective police force, but also police officers who have optimum working conditions, especially when it comes to public safety, as I mentioned. Everyone acknowledges that Canadians should be able to trust their national police force. This is indisputable.

This bill emphasizes that civilian oversight of the RCMP is critical to promoting accountability to the public and ensuring transparency in police forces. There must also be transparency in the review process when legislation that is as important as the Royal Canadian Mounted Police Act is being rewritten. Similarly, civilian oversight should increase the RCMP's accountability to the provincial governments that its forces serve. All too often we forget that, throughout Canada, the leading police service is the Royal Canadian Mounted Police.

The legislation is also meant to provide the Canadian government with a framework that would be used to launch an ongoing modernization process. As I said, unless the government consults and goes to see what is happening on the ground, we will be unable to accept any of its measures, and so will Canadians and people in the RCMP. When such huge changes are being considered, they must be acceptable to everyone involved.

As I said, since I was elected on May 2, 2011—almost two years ago—I have had many opportunities to meet members of the RCMP and to learn about the extraordinary work they do, despite the limited human, materiel and financial resources available to them. Because they are expected to do more work with less money, major components of our national security are at risk.

We are talking 2,500 km. There are six border posts in my riding. We have 22 in Quebec. We have the east coast, the west coast, the north and the Arctic. The RCMP is a sizeable police force. Over 20,000 workers have been and will continue to be subject to accusations and cuts, over and over. In spite of everything, they have to continue to perform their duties under difficult conditions. Morale has been seriously affected. How can they ensure the safety of Canadians and, often, that of visiting dignitaries, summit security, as we have seen, and sometimes even the Prime Minister?

As a manager, I would tend to pay attention to the mood of such people. This is important to me because I do not like to see workers whose basic right to be heard is being disrespected, especially when they are showing signs of distress. There is plenty of that within the ranks of the RCMP.

Yes, the intent of the bill is good. They want to resolve matters, but are they not trying to resolve the image rather than the real problem that exists within the RCMP?

In terms of organizational structure, it is the same thing. They are going to give more and more discretionary powers to the commissioner. They say:

It modernizes the Royal Canadian Mounted Police’s human resources management regime [and] authorizes the Commissioner to act with respect to staffing...

I know very well that staffing is involved. They are replacing trained RCMP officers with civilians in public service positions. They go on:

disputes relating to harassment and general human resource management.

The Commissioner can have a right of oversight, but it is not up to him to do that.

In big corporations, they never let senior management decide everything—not under these conditions. It is unacceptable. People must be listened to and consulted. Human resources management is done by professionals. I look forward to hearing the reaction on the shop floor when they appoint a human resources management professional as commissioner. They will say he knows nothing about the job, because he has never worked on the shop floor.

This is what they are doing. They are leaving the management of things as important as promotions and complaints to the commissioner. He will not even be bound by observations made by the civilian review body.

Under these conditions, it is unacceptable to have a police force the size of the Royal Canadian Mounted Police which also has to co-operate and share responsibilities with provincial and municipal police forces in many provinces. As for First Nations police officers, they were not even heard from in this process, yet they are an important part of the equation.

I could discuss this at greater length.