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.

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

February 28th, 2013 / 11:35 a.m.


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NDP

Andrew Cash NDP Davenport, ON

Mr. Speaker, this is becoming a broken record in this place. It is a broken record that is dramatically out of tune. It is out of tune with Canadians. It is out of tune with the idea that Canadians elect parliamentarians to come and work together, to the best of their abilities, to craft the kind of legislation that is the best legislation we can come up with. Instead, what happens too often here is that partisan games and politics are played that supersede sound public policy. It has happened constantly. It is at play right now as we debate the bill. None of the amendments, not a single one the NDP presented on the bill, was accepted or considered by the government.

Occasionally the government will accept amendments from the Senate. Instead of listening to elected representatives and the wise counsel they can bring to a debate, it will go to the other place, get together with its various campaign buddies and hash out some amendments there. That is not the way Canadians expect this place to work, and that certainly is not the way the NDP, the official opposition, works.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 28th, 2013 / 11:35 a.m.


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Conservative

Rob Clarke Conservative Desnethé—Missinippi—Churchill River, SK

Mr. Speaker, I served in the RCMP for over 18 years. The opposition talked about kettling and public peace. What is it about public safety that is not in order, especially in Toronto? What police officers do is make sure that no one gets hurt. Individuals attending these protests or rallies or demonstrations then put other innocent people at risk. Having had to serve on the front lines with the RCMP and also having participated in issues like this and having actually been with the tactical troops, listening to an individual who has no clue, a downtown suburban person, does not make sense.

There are poor performers in the RCMP. Having been a sergeant in the RCMP and having had to administer the RCMP Act and do the investigations on those individuals, I know that the RCMP is looking for a tangible, meaningful way to get rid of the RCMP troublemakers who are tarnishing the image of the RCMP.

What I am asking my colleague, yes or no, is whether he is going to support the bill to get rid of the poor performers in the RCMP. This is what I had to investigate as a member of the RCMP.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 28th, 2013 / 11:35 a.m.


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NDP

Andrew Cash NDP Davenport, ON

Mr. Speaker, why do we not first start by getting rid of the poor performers in the Senate? Why do we not start there?

The member opposite starts talking about the fact that if someone lives in an urban or suburban part of Canada, one has no idea what one is talking about as it pertains to public safety. This is an outrageous comment from the member opposite. It really shows how this party--

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 28th, 2013 / 11:40 a.m.


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The Deputy Speaker

Is the member for Desnethé—Missinippi—Churchill River rising on a point of order?

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 28th, 2013 / 11:40 a.m.


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Conservative

Rob Clarke Conservative Desnethé—Missinippi—Churchill River, SK

Yes, Mr. Speaker. I asked a question, and I want that question answered.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 28th, 2013 / 11:40 a.m.


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The Deputy Speaker

That is not a point of order. We have about 20 seconds.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 28th, 2013 / 11:40 a.m.


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NDP

Andrew Cash NDP Davenport, ON

Mr. Speaker, I think this is an important point to bring up about the G20. It spells it out in the report. I am happy to give this report to my friend across the way. It also shows that when the RCMP participated in the kettling at Queen and Spadina, they actually arrested five people, two of whom were undercover police officers. I think urban people in Canada are very engaged with this issue. You have just insulted a wide swath of the Canadian population.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 28th, 2013 / 11:40 a.m.


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The Deputy Speaker

Again, could I direct all members of the House to direct their comments to the Chair and not to each other or other members of the House?

Resuming debate, the hon. member for Longueuil—Pierre-Boucher.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 28th, 2013 / 11:40 a.m.


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NDP

Pierre Nantel NDP Longueuil—Pierre-Boucher, QC

Mr. Speaker, on days like today it is discouraging to listen to what our adversaries opposite have to say. That just cannot be.

I am very disappointed, but not surprised by this government's approach, which is unproductive, indifferent and unfocused and whose failings have been laid bare. Today, the government is on the defensive because of its indifference. It is very evident this morning. Amendments put forward by the NDP included mandatory harassment training for RCMP members, a civilian body to investigate complaints against the RCMP, and an independent review body to avoid police investigating police. All these amendments were very reasonable and in keeping with what the many witnesses said. All these amendments were rejected.

Contrary to the recommendations in the O'Connor report on the Maher Arar case and the many witnesses who appeared before the committee, the government rejected the amendments and continues to favour an internal, perhaps even arbitrary, approach at the RCMP, as we would unfortunately expect, rather than an independent, external and transparent approach.

Unfortunately, Bill C-42 will not resolve the very serious problems that will continue to plague the RCMP. In the meantime, many people will suffer. We are obviously thinking of the women who experience sexual harassment.

Therefore, it is with great regret that we must oppose this bill for all the reasons mentioned and especially because of the lack of transparency and the government's blinkered approach to official opposition amendments.

The people in my riding of Longueuil—Pierre-Boucher sometimes ask me whether I am fed up with Conservatives' behaviour. Of course we are fed up. We cannot take any more of this closed-mindedness, this sense of divine authority and omniscience, the way the Conservatives do not want to listen to and consider other points of view, the bad faith. We are fed up with how the Conservatives always make their ideological agenda a priority, but especially with how, particularly lately, they are always using the buzzword “transparency” and talking about accountability when they are the champions of silence, the champions of working behind closed doors.

I cannot help but see something that is very suspicious in the Conservatives' attitude. What are they hiding by always calling for transparency and officially talking about accountability, when they have an agenda that they will never reveal?

This is very disappointing for us, particularly for those of my colleagues who have been asking for reforms for a long time, such as the member who is sitting right beside me. It seems that we are still working on the issue of harassment within the RCMP. The NDP has been asking the government for ages to take care of this situation, which affects many people, particularly women. It is a governance problem within the RCMP, a problem with the internal culture.

The bill that the government put forward is not a solution at all. We were hoping for a proactive approach and a strategy to prevent these regrettable situations from happening again, but unfortunately, the outcome we are seeing today is a dry, disciplinary, impersonal and ill-considered bill in which the word harassment appears only once. It is unbelievable. As I was saying earlier, although the amendments we proposed in committee were very positive, they were rejected, and the opinions of many witnesses and experts were ignored.

Once again, as is often the case, the Conservatives took a serious, systemic problem affecting the Royal Canadian Mounted Police and addressed it in a simplistic and—quite frankly—lazy manner. What is needed today to change the RCMP and reassure the public is a major change to the culture of this organization, something that this bill does not allow for. On the contrary, in a few years, we will once again be faced with the same problem because harassment will continue to be a serious problem within the organization. This bill does not reassure Canadians that their formal complaints will be examined with the attention they deserve.

Robert Paulson, Commissioner of the RCMP, has repeatedly said that a cultural change is needed. He said the following before the Standing Committee on the Status of Women:

It's the culture of the organization that has not kept pace... We haven't been able to change our practices and our policies...

[T]he problem is bigger than simply the sexual harassment.

David Brown, who led a working group on the issue in 2007 at the request of the federal government, also said the same thing. The name of that group was the Task Force on Governance and Cultural Change in the RCMP. It could not be clearer than that.

And yet rather than a real change of culture on the inside and outside, through unambiguous leadership and listening on the part of the minister’s office, we have been treated instead to a sort of “light reform”, which ultimately will do nothing to solve the fundamental problems we have been raising in the House for several months now, if not several years. It will do nothing to change the problems that have brought us to where we are and that this bill is supposedly intended to solve.

The system proposed in this bill for investigating the police completely fails to meet the test of logic and common sense. Bill C-38, which was cloned to produce the bill that is before us today, had provided that the RCMP would investigate itself in certain cases.

The strange structure we are presented with in this bill provides that in the case of serious incidents involving the RCMP—deaths and serious injuries—the provinces will step in and assign the investigation to an investigative body or police service. Otherwise, the RCMP may assign the investigation to another police service, and if that option is not available, the RCMP will carry out the investigation itself.

This means that the job of overseeing the RCMP is assigned in the first instance to provincial bodies, in spite of the fact that such bodies exist in only four provinces: British Columbia, Ontario, Alberta and Saskatchewan. Ultimately, and unfortunately, oversight of the RCMP is too often shifted to the provinces. This amounts to the federal government abdicating its responsibility and once again downloading the federal government’s costs onto the provinces.

I thought that the Conservatives wanted to reduce the size of government, since they told us they did, but that cannot mean that responsibility for the oversight of federal institutions has to be shifted to the provinces.

We are opposed to this Byzantine system because it can be simpler and more effective. We tried to do this through an amendment in committee, proposing that a national, independent civilian group be created that would systematically handle this and report to Parliament. Obviously, that amendment was rejected. We have to put an end to this system of the police investigating the police. Even the mayors of some municipalities are opposed to it.

We made proposals here and in committee to that effect. Our amendments and the recommendations from reports, task forces, commissions and witnesses have been waved off by a government that is running headlong toward disaster. Its stubborn insistence on doing nothing of any real effect is astounding, and we find it particularly tiresome.

The bill before us is also an abdication of the minister’s responsibilities. The proposal to significantly increase the powers of the commissioner of the RCMP amounts to running toward the nearest exit; it is the easy solution.

This is another abdication: the government should have led the charge against harassment inside the RCMP with a vigorous reform. Instead it is choosing to set up and endorse a system that massively increases the commissioner's powers, in the hope that this will change something.

All the witnesses and experts who are familiar with this issue say that we do not need more powers concentrated in the hands of a single person and that what we really need is a new system of transparency and independent oversight.

The Task Force on Governance and Cultural Change in the RCMP, which the government created in 2007, had another idea in mind. It proposed reforms that would bring the RCMP into line with the internal governance methods and structures used in civilian bodies, with a board of management that would oversee and could challenge decisions of the commissioner, that would require accountability, that could hear complaints from employees and that would exist within a transparent structure.

Unfortunately, what the government is proposing is, once again, the complete opposite. Clearly, the solution in this bill, which is to put more powers than ever in the hands of a single person, when what is needed is to overcome an organizational problem, will solve nothing. In fact, it may well create more internal problems and discontent.

This is a clash between two different philosophies. When the Conservatives are faced with a complex problem, they propose more powers in the hands of a single person, more order, more hierarchy, more unchallengeable or arbitrary decisions and more discipline. When we look at the same problem, we call for a system that is structured, transparent, well thought-out and systematic and that will act in the public interest and respect the rights of RCMP members, certainly, but most importantly the rights of the public.

In this bill, what the Conservatives are proposing is unprecedented: an enormous reform that will replace the existing commission that examines complaints against the RCMP and reports its findings to the minister with a commission that will examine complaints against the RCMP and report its findings to the minister. That is very impressive.

In conclusion, the people in my riding are not taken in by this kind of obsession with the rhetoric of transparency and accountability, and they hope that we are going to oppose this sham as long as we can.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 28th, 2013 / 11:50 a.m.


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Conservative

David Wilks Conservative Kootenay—Columbia, BC

Mr. Speaker, what the member does not understand is that the system his party is proposing cannot be integrated into the RCMP Act. It just cannot be done. The power needs to be implemented within the RCMP Act first, in relation to the Commissioner of the RCMP.

To say that only the Commissioner of the RCMP would hand out all or any punishment or any other types of things is simply incorrect. The Commissioner of the RCMP would automatically provide options for deputy commissioners, assistant commissioners, chief superintendents, superintendents and anyone of commission rank They could also provide guidance or discipline to members across this great country.

The RCMP has to fix itself from within, because since 1873 we as parliamentarians have done it that way. We created the RCMP Act. Therefore, I believe that Bill C-42 goes in the right direction.

My question to the hon. member is this: does he believe that not supporting Bill C-42 would solve anything?

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 28th, 2013 / 11:50 a.m.


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NDP

Pierre Nantel NDP Longueuil—Pierre-Boucher, QC

Mr. Speaker, I thank my colleague for his question.

I used to work in communications and media relations, so I can tell the Conservatives that this is what I see as their biggest problem. They march in authoritatively with their solutions, as though they had divine power and knew everything. They refuse to listen to suggestions from others and disregard what witnesses have to say. That is what is most pathetic.

We cannot support a government that asks for our trust, when history has shown that it has duped us on many occasions.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 28th, 2013 / 11:50 a.m.


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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I want to share with the House and the member who was speaking a comment from Paul Kennedy, who, as the former commissioner for the Commission for Public Complaints Against the RCMP, has all the credentials in the world to make comment on this bill.

He recently wrote:

The Government, at the cost of many millions of dollars, established a major initiative in the form of the O’Connor Inquiry to specifically provide policy recommendations upon which a new legislative regime of civilian review would be based. Bill C-42 presumably is a response to those recommendations. Having appeared as a witness before that Inquiry I am familiar with its key recommendations and can attest to the fact that Bill C-42 falls well short of the standard of review set by Justice O’Connor. It will serve neither the needs of Canadians nor the RCMP.

I am profoundly disappointed that a bill that purports to improve things for the RCMP falls so far short in the view of this expert. I ask my friend from Longueuil for his comments.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 28th, 2013 / 11:50 a.m.


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NDP

Pierre Nantel NDP Longueuil—Pierre-Boucher, QC

Mr. Speaker, I thank my colleague from Saanich—Gulf Islands for her question.

It is very sad to see an experienced and eloquent person, like the witness she quoted, be completely ignored. That is exactly what the NDP is referring to when we say that the government does not listen, and the Green Party clearly agrees.

These people have their agenda and a one-track mind. We cannot support a bill like this because it is too little too late.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 28th, 2013 / 11:55 a.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, RCMP Commissioner Paulson indicated in an open letter in May 2012 that the government needs to enhance the powers of the commissioner in order to take disciplinary action and cited issues such as sexual harassment.

The Liberal Party believes that we need to deal with this.

My question to the member is this: does he believe that passing Bill C-42 would make the current law weaker?

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 28th, 2013 / 11:55 a.m.


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NDP

Pierre Nantel NDP Longueuil—Pierre-Boucher, QC

Mr. Speaker, I am not an expert on police forces, but like many of my colleagues, I have a lot of respect for the work they do.

These people live under huge amounts of stress. It exists everywhere, but if this bill does not properly address the unbelievable stress caused by sexual harassment, we might as well take it back to the drawing board and address real problems.

These people, who have complicated jobs and put their lives at risk on the front lines to protect us, need to feel that we understand their reality and should not feel that we are denigrating it.