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.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 19th, 2012 / 5 p.m.
See context

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, I appreciate the conviviality among parties in the House but do appreciate the respect for those who are standing to speak. This is an important matter and it is important that we all participate in the discussion which means that we listen to what each other has to say as well.

I stand in support of this bill going to committee. There are a lot of very good measures in this bill but there are a lot of measures that could be improved, particularly to respect and observe the many recommendations from as broad a group as the current RCMP commissioner and previous witnesses, including the complaints commissioner.

Many of these legislative reforms are addressing outstanding issues, including the RCMP complaints process and the sexual harassment processes within the RCMP, most notably, a lot of complaints recently about the harassment of women officers and the right of the RCMP to unionize. Regrettably, those have not been addressed in the bill and have not been addressed by the government. We look forward to the government giving those officers the equal right to organize and be represented and to have proper grievance procedures.

As mentioned, there have been numerous reviews, commissions and official calls for action. This is a good start. Perhaps we can embellish the work that has been tabled in committee and come back with a more adequate bill.

These tabled reforms come in the wake of the deep concern expressed by the Canadian public around such incidents as the sexual harassment of female RCMP. I think there are more than 200 former and current officers who have filed a court action. Also, of course, there is the very regrettable Dziekanski incident in Vancouver. It is time to strengthen the law and policy in investigation and complaints, disciplinary measures and sexual harassment procedures.

On the RCMP commissioner authority, we commend the government for coming forward and strengthening the powers of the commissioner to address discipline and potentially discharge RCMP members. However, there have been valid concerns raised that to give complete wide open discretion is perhaps not the route to take, and that there should be very clear criteria laid out and disclosed so that all officers and the public know the reasons for taking disciplinary action.

Of equal concern is the fact that the legislation does not actually stop with giving the commissioner that totally discretionary power. He or she can in turn delegate that down and in turn sub-delegate it. We do not know from one day to the next who will actually be taking disciplinary action, including releasing officers from duty.

In addition, on the RCMP oversight and investigation of complaints, there have been many calls for an independent oversight body which exists in many of the provinces. It is time for the federal government to step up to the plate and institute an equally credible process. That is not only important for the purposes of the public, which has been raising a lot of questions about the way that some of the RCMP officers have been conducting their affairs and exercising their powers, but it is also important for the morale of the officers themselves. They need to know that there will be a process where the review is done in a fair, open and independent way, that the findings will be final and that measures will be taken. Instead, the government has chosen to do the same thing it is doing with regulatory environment agencies, which is having well-informed independent officers appointed, hearing witnesses and then saying that it will make the final decision based on, what, we do not know.

It is very important that the bill also limits the powers of this supposedly independent commission to initiate reviews. That needs to be strengthened. The decisions are not binding. The final decisions are vested in the political order and that is not appropriate. People are calling for independent scrutiny, like other jurisdictions.

We would prefer that they continue to report to Parliament and not only to the minister. That would enable all members of Parliament to hold the force accountable and ensure that any recommendations move forward.

Also, there has been a call from a number of bodies, notably Paul Kennedy, the former complaints commission, that there is a need for specific deadlines for response by the RCMP to commission reports. This is all good, sage advice. The bill could be embellished by adding these kinds of reforms.

In the area of response to complaints of sexual harassment, it is good that a new process is being put in place but we need more than legislation.

In April of this year, when Mr. Robert Paulson, the RCMP commissioner, appeared before the Standing Committee on the Status of Women, which was studying the role and challenges to women employed by the RCMP, he said:

It's the culture of the organization that has not kept pace. ... We haven't been able to change our practices and our policies, or provide systems that would permit women to thrive in the organization and contribute to policing, which they must do. ... I've said it publicly, and I'll say it again. I think the problem is bigger than simply the sexual harassment. It is the idea of harassment.

We commend the commissioner and we hope the government will also listen to his sage advice and take this further than simply bringing forward legislation. We look forward to potentially his testimony in committee where he could embellish on his recommendations.

Surely it is the responsibility of Parliament to be instituting the measures that ensure our federal law enforcement agency is protecting the rights of its officers and is able to take action to actually prevent harassment and ensure a healthy working climate.

I do not think it is sufficient for us simply to have provisions where a brave member of the force might actually come forward and file that complaint. What is important is that measures be taken upfront to prevent this kind of harassment, so that we actually have a climate with high morale and equal opportunity for both men and women and people of different backgrounds to contribute to law enforcement.

I will just repeat my high level of respect for our federal enforcement agency and I look forward as a member of Parliament to try to bring back improved processes to strengthen its ability to protect our communities.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 19th, 2012 / 5:05 p.m.
See context

NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr. Speaker, I listened with interest to my colleague's comments on the bill and she has really pointed out some of the areas in the bill that need to be strengthened and improved.

I would like to give her the opportunity to talk a little bit longer about those suggestions for improvement and why she thinks it has taken the government so long to get the bill before the House.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 19th, 2012 / 5:05 p.m.
See context

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, I thank the hon. member for his incredible work in this area. He makes a fantastic critic in this area, both for the RCMP and for the Canadian public.

I do not think I have much chance to elaborate. Many who have spoken in the House have raised the issues very thoroughly. I just want to reiterate that bringing forward these measures is not just for the benefit of the public, nor is it just for the benefit of some of the officers who may be feeling harassed. It is very critical that we have solid foundations for our federal enforcement agency.

There are many isolated communities in Canada. I think of those along the highway between Edmonton and Fort McMurray and the major accidents that are occurring that various levels of government are trying to address. Those officers need to go to the scenes of those very gruesome accidents time after time and are sometimes deployed on their own.

It is very important that we work together to get the strongest measures in place to protect our forces and the public.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 19th, 2012 / 5:10 p.m.
See context

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I would like to follow up on the comments by my colleague from Esquimalt—Juan de Fuca.

As the member for Edmonton—Strathcona has said, for an institution as important as the RCMP, it is so important that the members within that force know they can rely on proper procedures around sexual harassment.

I, like many others, have a lot of questions about why, with so many incredible and disturbing cases that female officers of the force had to experience, it took so long before any action was taken. It seems to me that when we look at the RCMP, surely the most basic right is for the members to work in a harassment-free environment. As the member for Edmonton—Strathcona has pointed out, often those members are working in very difficult conditions in isolated communities.

It is really just a comment to underline what the member for Edmonton—Strathcona has said about these measures being incredibly important. It is disappointing that the government, even though I heard the minister many times say that he was concerned about it, basically did nothing about it, so it is long overdue.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 19th, 2012 / 5:10 p.m.
See context

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, it is absolutely critical for the morale of our federal enforcement agency.

As one of our colleagues mentioned earlier in her speech, it is not just the female members of the RCMP who are resigning because they are concerned about the way that female officers are being treated. There are a lot of great men and women in the force.

I think particularly of some instances of hearing concerns about some of our first nations members of the RCMP who are feeling that they are being treated in a discriminatory fashion.

It is absolutely critical that. if we are going to recruit the best of our youth into this important agency, we stand up for them and encourage them to enter these enforcement agencies.

We are a democratic nation. We operate by the rule of law. We need to ensure that all those mechanisms are in place and that we are putting that into effect, which means staffing, support and, frankly, giving the forces a union.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 19th, 2012 / 5:10 p.m.
See context

Independent

Bruce Hyer Independent Thunder Bay—Superior North, ON

Mr. Speaker, I would like to ask the member for Edmonton—Strathcona, as I asked the member for Nanaimo—Cowichan, whether it is perhaps time now, as part of a review, to think about what we really want as a national police force rather than one that also tries to serve many provinces and municipalities in a more day-to-day policing operation.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 19th, 2012 / 5:10 p.m.
See context

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, I am not sure that I am the one to venture into that. It may well be an activity that the parliamentary committee reviews. I know that some jurisdictions prefer to have their own provincial force. My province is beginning to have sheriffs supplementing RCMP. The national police is still valued very much and the police in the city of Edmonton. I am not necessarily convinced that the forces we have right now should be replaced. It would certainly be the kind of thing that we would refer to the committee or to the various associations of police chiefs to review.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 19th, 2012 / 5:10 p.m.
See context

Conservative

The Acting Speaker Conservative Bruce Stanton

Resuming debate. Is the House ready for the question?

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 19th, 2012 / 5:10 p.m.
See context

Some hon. members

Question.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 19th, 2012 / 5:10 p.m.
See context

Conservative

The Acting Speaker Conservative Bruce Stanton

The question is on the motion that the question be now put. Is it the pleasure of the House to adopt the motion?

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 19th, 2012 / 5:10 p.m.
See context

Some hon. members

Agreed.

No.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 19th, 2012 / 5:10 p.m.
See context

Conservative

The Acting Speaker Conservative Bruce Stanton

All those in favour of the motion will please say yea.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 19th, 2012 / 5:10 p.m.
See context

Some hon. members

Yea.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 19th, 2012 / 5:10 p.m.
See context

Conservative

The Acting Speaker Conservative Bruce Stanton

All those opposed will please say nay.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 19th, 2012 / 5:10 p.m.
See context

Some hon. members

Nay.