Bill C-42 (Historical)

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 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.

Enhancing Royal Canadian Mounted Police Accountability Act

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I would like to point to a proposed section of the act because I have heard it asked many times in the House today why anyone would vote against Bill C-42. I point to the concern of police that they will no longer be able to file a grievance if they are forced to do something under a security order.

Proposed section 31 of the act has been pointed to by RCMP members and by members of the Lawyers' Rights Watch group as potentially forcing RCMP officers to be involved in torture without the ability to grieve that involvement or to question the sources of information that lead to such activities. I think that is enough of a reason to vote against Bill C-42.

[Hélène LeBlanc, NDP, LaSalle—Émard, QC]

Mr. Speaker, I want to thank my colleague from Saanich—Gulf Islands for that clarification.

As she mentioned, it is troubling to see such a clause in the bill. I thank her for bringing it to the attention of the House.

[Marc-André Morin, NDP, Laurentides—Labelle, QC]

Mr. Speaker, I would like to hear my colleague's opinion.

I am like every other member of the public. I do hope some of them watch the debates on CPAC. After hearing arguments from both sides one quickly realizes that, while some wish to act, others prefer things to stay the same.

Not wanting to change a situation implies that everything is fine. I wonder how many members opposite believe that sexual harassment means cracking jokes between colleagues and that the women who complain have no sense of humour. To my mind, the problem is deeply rooted, which raises many questions.

If they do not wish to change the situation, could it be because they are okay with the way things are?

[Hélène LeBlanc, NDP, LaSalle—Émard, QC]

Mr. Speaker, as I have already stated, the RCMP is indeed a very important symbol for Canada. The men and women who work there provide an essential service to the nation. In my opinion, the issues that have arisen in the last few weeks and months are worrisome; it is our duty to carefully analyze this situation in order to rectify it.

Let us not forget that this is the 21st century. The RCMP must stay in touch with the Canadian reality and represent all aspects of society, including women. To that end, it must foster a work environment where everyone treats everyone else with respect and implement mechanisms to ensure that.

[The Acting Speaker, Barry Devolin]

We have four minutes remaining in the time for government orders.

Resuming debate, the hon. member for Hamilton Centre.

[David Christopherson, NDP, Hamilton Centre, ON]

Mr. Speaker, I appreciate this opportunity to enter the debate. Four minutes is not a lot of time. I will pick one area and see if I can get into a second one.

One particular area I would address is an issue that runs as a thread through the whole bill. We are talking about the RCMP in our communities, but we are also talking about the RCMP as a workplace where ordinary Canadians are workers in that workplace. One of the biggest issues facing us is workplace sexual harassment allegations. This is huge. The bill is dealing with both aspects of a police officer's life, that of being an officer in the workplace of policing and also being out in our communities, in the uniform, protecting our citizens on a day-to-day basis.

I want to address one of the things the Conservatives absolutely refuse to do. Even though they always say that they are the ones who will stand the straightest and salute the most to anyone in uniform, the true reality is that one of the things the RCMP would like is the option to decide for themselves whether or not they would like to unionize. I know the reaction that gets from the government, so we will set that aside. However, it is also fair to say there are a lot of ordinary people who would say that we have a quasi-military structure where command and control is a key component, so unionization could not work.

That is why I want to address this. During my time as the Ontario solicitor general, I was the civilian head of the OPP, but the OPP is unionized. That is why I am raising this, because I worked with that union on a day-to-day basis. As in most complicated, complex workplaces, having a union was a help. It ensured that the officers had the ability to be protected in terms of their rights as workers, and that includes sexual harassment allegations. Contrary to what the government says, the labour movement in Canada is one of the most democratic institutions in the entire world. If the officers do not like the representation they have in the union, those officers have the option of changing their leadership.

One of the things that would make a big difference in terms of respecting policing, respecting police officers and, in this case, RCMP officers, is to give them the right to choose. They may decide not to. That is their right, but give them the option so that like every other worker, if they want to come together and bargain collectively under the laws of Canada, they would have that right. We have always supported that and when we form government, we will give the RCMP that option to exercise their rights under the constitution.

The last thing, if I can very quickly, is that the government has refused to have a truly independent “no police investigating police” as we do in Ontario with the SIU, the Special Investigations Unit. I had a lot of involvement with the SIU, and it is far from being perfect. However, as a protection for not just the public but also police officers, it has been a very useful, positive, progressive entrance into policing in Ontario. We would certainly encourage the government—and if it will not, we will do it when we get there—to make sure that kind of independent evaluation and investigation is done. Therefore, when someone is cleared, they are truly cleared and there are no clouds. However, if action needs to be taken, that can be taken.

That is the kind of policing we believe in here in Canada. That is the kind of RCMP we will have under an NDP government.

[The Acting Speaker, Barry Devolin]

The time for government orders has expired. The hon. member for Hamilton Centre will have 16 minutes remaining when this matter is again before the House.

The House resumed from February 12 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.

[Matthew Kellway, NDP, Beaches—East York, ON]

Mr. Speaker, I am very pleased to rise today to speak about Bill C-42. The issue of enhanced accountability for the Royal Canadian Mounted Police is one of great interest to Canadians and one I am glad to have a chance to speak about today.

Canadians have high expectations of the RCMP. They expect the men and women of the RCMP to serve them with honour and integrity. We need them to serve us and protect us and protect public safety. We ask them to put their lives on the line to protect us.

The RCMP officer in the red uniform, the Mountie, is an iconic symbol of Canada. The force's service to Canadians is, on the whole, exemplary. It is an institution in which we take great pride. It is a symbol of Canada around the world, known to citizens of different countries all over the world.

However, recent high-profile incidents, including complaints of sexual harassment lodged by current and former female RCMP officers and, importantly, the failure to discipline officers who step outside the bounds of the law, show that there are deep underlying issues with respect to the culture of the RCMP. It is being called, in some circles, dysfunctional. It is unanimously recognized that it is a culture that needs to be changed dramatically.

Speaking to the CBC in November, RCMP Commissioner Paulson referred to the institution as “...the culture of harassment, it's the culture of misuse of authority”. So much so is this the case that, regrettably, public confidence in the RCMP has been shaken. A change in the accountability framework for the RCMP is long overdue.

We witnessed on television, and in the news, the concerns and complaints of many former and current RCMP employees, mainly women, talking about their concerns with the culture and the lack of response to their concerns and complaints. These are clearly difficult issues that have had profound effects on the careers and lives of these RCMP officers and former officers.

Speaking of Bill C-42, the Minister of Public Safety has stated:

...Canadians' confidence in the RCMP has been tested over the past few years and this legislation will ensure that the RCMP is fully accountable for its actions and is open and transparent in its service to Canadians.

However, Bill C-42 does not lead to more independent and transparent oversight of the RCMP. It is simply the same body that reports non-binding recommendations to the minister, but with a new name.

Bill C-42 is the Conservative government's take on what accountability should look like, but on this side of the House, we have an entirely different perspective. We actually understand accountability, what it means and how valuable it is, and we believe in it. We find Bill C-42 wanting because of its lack of accountability.

Although we agree with the principle of the bill, what we find is that the bill is deeply flawed in its execution. We have a piece of legislation here that fails to recognize either the needs of RCMP officers who have experienced harassment in the workplace or the very reasonable and appropriate expectation of Canadians of civilian oversight of a police body. This is the key to improving accountability in this institution; that is, civilian oversight and transparency.

We voted in favour of the bill at second reading, hoping that the bill's flaws would be addressed in committee. Unfortunately, true to form, the Conservatives voted down every amendment the NDP proposed. The result is that we have missed an opportunity to fix the glaring holes in the bill that we identified at second reading, glaring holes that many witnesses at committee were able to identify and expound upon.

Some of the amendments we proposed at committee included these few things that I think members of the House should find critically important to a bill that purports to bring accountability and transparency to a policing institution. They included adding mandatory harassment training for RCMP members and specifically to lodge that requirement in the Royal Canadian Mounted Police Act; ensuring a full independent civilian review body to investigate complaints against the RCMP; adding a provision to create a national civilian investigative body, which would avoid police investigating police; and creating more balanced human resource policies by removing some of the more draconian and despotic powers proposed for the RCMP commissioner, and by strengthening the external review committee in cases involving possible dismissal from the force.

The Conservatives turned down all of those very reasonable proposals to amend Bill C-42. As a result, the bill fails to create a strong independent civilian oversight body for the RCMP such as—and this is important to note—the one proposed in the 2006 O'Connor inquiry or the 2007 recommendations of the Task Force on Governance and Cultural Change in the RCMP.

The proposed new civilian review and complaints commission would replace the Commission for Public Complaints Against the RCMP and would have greater authority to conduct investigations, gather evidence and materials and compel testimony. Admittedly, that is a step in the right direction.

However, the new body would not report to Parliament, not to us, but to the commissioner and to the minister, so this is most emphatically not an independent organization. It most emphatically does not bring about the purported goals of the bill, which are to bring transparency and accountability to this institution.

As well, the commission's findings would be non-binding. Indeed, this represents a missed opportunity to have a fully independent complaints commission that would be accountable to all Canadians and not just the Minister of Public Safety.

The word “accountability” is one the government loves to use. It throws it about all the time. However, I do not think it has quite grasped the concept. In fact, it has cheapened and undermined it and simply does not value it.

The bill purports to bring accountability to a police institution. That is, I think, sufficient evidence that the government fundamentally does not believe in accountability and does not act in accordance with the principles of accountability. We simply do not see it in the bill.

This new body would have observer status only in investigations of serious incidents involving the RCMP. This is evidence of not grasping the concept of accountability.

The new investigative framework for these incidents proposed in Bill C-42 is really just a patchwork system. It would differ from province to province. A province would choose to appoint an investigative body or a police force or would leave the RCMP to either refer the investigation to another police force or to even conduct the investigation itself. These provisions simply allow a continuation of the current practice of police investigating police. It is clearly a problematic practice and clearly is a practice that got this institution into the issues it is in now. That, fundamentally, is one of the key things that needs to be changed under the bill, but it is not. Unfortunately, a fully independent national watchdog agency is not part of this legislation. Although independent civilian oversight is needed, the bill fails to deliver that independent civilian oversight.

Bill C-42 not only fails to deliver that oversight, it concentrates considerable power in the hands of the commissioner, who would be granted the authority to appoint and dismiss officers and to establish a system of investigation and resolution of harassment complaints. Rather than taking responsibility for addressing problems within the RCMP, the minister has decided to simply give this responsibility over to the commissioner.

The NDP feels that a more balanced approach would involve strengthening the external review committee rather than concentrating the power to dismiss officers in the hands of a single individual. However, again, all proposed amendments were rejected at committee.

RCMP officers carry out difficult and dangerous work at considerable risk to themselves to protect Canadians. Some have died in this service, and that is a profound tragedy for all Canadians and particularly for the families of those officers.

The question for us to contemplate in this House is what those RCMP police officers are owed, in return, from us, yet we have so far even failed to create an open and respectful workplace environment for all members, which all Canadian workers are entitled to. In the circumstances of the police, who put their lives on the line and from time to time tragically lose their lives in that service, it is an absolute minimum expectation in any kind of tacit contract with members of the RCMP.

However, what we have are officers who experience harassment in the workplace and are fearful about even speaking up. They are fearful of losing their jobs, in fact. Many have even left their jobs because of these circumstances in the workplace.

For a bill that was supposedly introduced as a response to sexual harassment complaints brought forward by female RCMP officers, Bill C-42 is strangely silent on that very specific but critically important issue. We have female officers who have been serving the Canadian public in the RCMP for almost 40 years. In that time we have failed to bring about protections from this type of abuse, which is barred under Canadian human rights codes and provincial human rights codes and which all workers across the country in all workplaces and jurisdictions are entitled to.

In 2013, we have a Conservative government that is missing an opportunity to use this legislation to create a workplace in which RCMP officers, like all workers, should feel safe in bringing forward harassment complaints. NDP members on the public safety committee brought forward an amendment to the bill that would make harassment training mandatory for RCMP officers. However, just like every other amendment, the Conservatives voted it down.

The RCMP needs a clear anti-harassment policy that will set the standard for behaviour in the force. This would allow for a fair disciplinary process in cases where harassment occurs. Despite the NDP's best efforts, the government has passed up this opportunity to address that issue in the bill.

Earlier this month, the Commission for Public Complaints Against the RCMP released its report on issues of workplace harassment within the RCMP. The report had this to say:

The RCMP bears a responsibility to foster public trust to the extent possible, and when the public perceives that the organization is unwilling to adequately protect and discipline its own employees, it is difficult to see how their interactions with the police and trust in the organization would remain unaffected. It is for this reason that swift and effective action must be taken by the RCMP in terms of dealing with workplace conflict and harassment, and taken in a manner that engenders the confidence of both members and the public.

We are not seeing swift and effective action here. We are not seeing action at all.

We on this side of the House believe that trust in the RCMP, for the officers and the public, is a critically important issue. Important legislative steps can be taken to enhance trust and accountability for the RCMP and for Canadians. However, Bill C-42 falls short of this mark. It is unfortunate that in their rush to pass this bill, the Conservatives did not even take time to make sure that the new legislation ensured that the RCMP and the public were getting the transparent and independent oversight they expect and deserve.

The men and women of the RCMP provide a vital service to all Canadians. They carry out this service in difficult and often dangerous situations, putting themselves in harm's way to protect others. Bill C-42 is a missed opportunity to protect them in return. They deserve the protection of independent oversight, and they should not be afraid to speak out about harassment in the workplace. The members of the RCMP deserve to know that when one of their own breaks the rules, that person will be held accountable. Canadians need to see this accountability to enhance the trust between the police force and the members of the public, a trust that has been weakened by recent incidents.

The men and women of the RCMP deserve better than what Bill C-42 has to offer. The Canadian public deserves better. Most certainly the women who work for the RCMP have a right to a workplace free from sexual harassment, and indeed, harassment of all kinds. They need and deserve our protection. Bill C-42 fails to adequately provide that protection and should, for that reason alone, be rejected by this House.

[David Wilks, Conservative, Kootenay—Columbia, BC]

Mr. Speaker, I thank my colleague for his speech and his dedication on the justice committee.

As he is aware, I am a retired member of the RCMP. I spoke with two members of the RCMP yesterday who feel that this bill has been a long time coming. The RCMP has been unable to do anything with regard to discipline, because it has not been there. Since 1873, the RCMP, and specifically the commissioner, have not had the opportunity to deal with anything. Bill C-42 would provide the commissioner of the RCMP with the authority to dismiss someone if the person is found to have caused a breach under the RCMP Act and/or the Criminal Code.

Does the member think that the commissioner of the RCMP should have the authority to remove someone who breaches either the RCMP Act or the Criminal Code, or does he believe that sending it to an independent body, which will have no authority to remove the member, would be better?

[Matthew Kellway, NDP, Beaches—East York, ON]

Mr. Speaker, I have a point of clarification, for the record. I am not on the justice committee. I now sit on the Standing Committee on Health.

There were a couple of issues in the question. First, the member raised a hypothetical issue of an independent review body not being able to discipline or dismiss a member. I am not prepared to address a hypothetical situation. What I am prepared to address is what the government has done to redress the circumstances that Canadians surely find offensive. Whether Canadians work for the police, in retail, or the industrial sector, it does not matter; they have an expectation that they can work in a workplace where they are protected, by law, from harassment so that they can go to work and feel safe, do their jobs and return home to their families at night. For the RCMP, these days, unfortunately, that is not the case.

We know that there have been many charges of sexual harassment raised by members and former members of the RCMP. There needs to be a transparent process for handling those charges and there needs to be accountability within that organization. It is not reasonable to lodge all of that authority with the commissioner.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, Liberals agree in the sense that there needs to be and always can be more transparency and accountability. The issue of harassment and bullying in the workforce among all the different professions is, of course, of great concern.

In committee, and even at second reading, there are ideas and thoughts on how legislation could be improved. There was a lost opportunity by the government in not necessarily taking the action it should have taken to directly deal in more tangible, concrete ways with sexual harassment. I would add workplace bullying, because it takes place in significant ways. We also need to recognize that what we are really talking about is a very small percentage of RCMP personnel that actually carry out such activities. A vast majority, 95% plus, actually do fabulous jobs in terms of their dedication to the force.

I am curious to know if the member thinks there would be any benefit whatsoever in supporting the bill at this stage. Does he see any benefit from the bill?

[Matthew Kellway, NDP, Beaches—East York, ON]

Mr. Speaker, the fundamental issue in what the legislation needs to do is change the culture of the institution. Clearly, there are issues within that culture. However, we have a government on that side that is effectively a one-trick pony. It knows only the stick. It knows only deterrence and punishment.

The provisions of the bill and the failure to bring about a process of an independent civilian oversight of the institution is a failure to get at the root of the problem, which is about changing the culture of the institution.

The notion that putting more power into the hands of the commissioner to fire individual officers in order to curb harassment would somehow change the culture of that organization shows a true lack of understanding of organizations and workplaces and shows a true lack of understanding for the pernicious effect of sexual harassment upon workers.

I am surprised that the member down the way would stand and begin his discussion with, effectively, a dismissal of the problem. The NDP and Canadians recognize that there is an issue . We know, of course, that there are a limited number of cases, but it is a critically important issue that needs to be addressed. Canadians understand that workplaces need to be safe and that workers, whether they are RCMP or others, need to feel that they can go to work and be free from sexual harassment. That means that the culture of the RCMP needs to be changed, and it needs to be changed through this legislation, which is why we welcomed the legislation being brought forward.

[Paulina Ayala, NDP, Honoré-Mercier, QC]

Mr. Speaker, as a mother and a member of the public, I believe we have a right to transparent police investigations. That is fundamental.

Could my colleague explain the points raised by the NDP about this bill, in particular the idea that investigations should be carried out independently so that the public can be sure that those at fault will receive due punishment and so that the atmosphere of trust and the atmosphere within the RCMP are tolerable for whistleblowers?

Could my colleague expand on that idea?

[Matthew Kellway, NDP, Beaches—East York, ON]

Mr. Speaker, there is very little in the bill that would enhance that protection. The fundamental mechanism that would be used is threat. It is by lodging into the person of the commissioner, and ultimately the Minister of Public Safety, the ability to dismiss RCMP officers who have breached the workplace rules and, in some cases, have broken laws. That is all they would have. It would not go to the culture of the issue.

What we expected to see included in the bill to change the culture were such things as a mandatory harassment policy, mandatory harassment training for RCMP members and a clear, consistent, transparent, accountable investigation process.

Instead we have a patchwork of investigation processes. Province by province, they can figure out how to do this. The options would still include, very problematically, police investigating police; very problematically, it would include the RCMP investigating itself without appropriate civilian oversight, and it would fail to bring comfort to those people in the RCMP who are concerned about having a workplace that is free from harassment in any form.