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

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Mr. Speaker, my colleague talked about unrestricted access to the commission, something that would ultimately be necessary for the success of this bill. Could he further expand on this?

[Craig Scott, NDP, Toronto—Danforth, ON]

Mr. Speaker, the only thing that I would mention is what was said by the former head of the CPC, Mr. Kennedy, which really stood out during the seven days of testimony. He talked about the context in which government bodies, including the historical pattern within the RCMP, invoke privilege—the idea that documents are privileged—as a way to shield from external agencies documents that had no reasonable basis to be excluded. He gave lots of examples.

The very idea that the minister can both set regulations on the scope of privilege and also have the RCMP commissioner, separate from the minister, actually decline to provide documents based on his or her own judgment of what is privileged in a way that would unduly affect the RCMP completely undercuts the independence of the body.

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Mr. Speaker, I am pleased to speak to Bill C-42, Enhancing Royal Canadian Mounted Police Accountability Act. The official opposition has been waiting for a long time for this enactment, which seeks to establish a new independent civilian commission to replace the present RCMP public complaints commission.

First, it is important to remember that, between 2005 and 2011, over 718 internal complaints were filed with the RCMP. These complaints related to sexism, bullying and reprisals. Worse still, the RCMP public complaints commission says that “these numbers probably only reflect part of the situation, because the Canadian federal police way of doing things does not encourage employees who feel wronged to file a complaint”.

A civilian member of the RCMP even contends that: “It takes an incredible amount of courage for people to step up with complaints such as these—to have them continually diminished, deflected and dismissed is an outrage. Further, it promotes an environment where people don't speak up.”

Our federal police also showed that when, in 2012, 150 women announced their intention to file a class action suit against the RCMP for sexual harassment. Despite mounting evidence, the institution's first reaction was to deny everything. Such is the climate in the RCMP. Such is the internal culture that prevails in our federal police.

In light of these harassment scandals, and other abuses such as the Maher Arar affair, the NDP has always argued for a major reform to oversee the internal practices of that institution. Unfortunately, these cases have tarnished the RCMP's reputation. They deserve strong action by parliamentarians. Bill C-42 should have been that answer.

Our party supported the bill at second reading, since its objectives were laudable and we were hoping to take an in-depth look at this legislation in committee. We wanted to work with the government and develop an effective act to tackle the various issues that need to be dealt with.

Given the bill's objectives, we thought it was critical to reform the processes relating to disciplinary reinforcement, human resources management and complaint handling. We also felt essential to create an independent and transparent investigative body to tackle the whole issue of harassment in the RCMP. In this respect, the NDP proposed several amendments to improve Bill C-42 and to better meet existing needs.

We proposed mandatory harassment training for all RCMP members to promote better prevention and to provide employees with the right tools to react more appropriately.The NDP also proposed the establishment of a civilian body to deal with complaints filed against the RCMP. This was to ensure an independent investigative and handling structure that would have been accountable to Parliament, and not directly to the minister, as proposed by the Conservatives.

In the same vein, we also wanted to set up an independent investigative body, because the current situation may leave room for partiality that should not exist and that could be reversed by a structure that is separate from police forces and from the department. As regards human resources, we were hoping for a strengthening of the RCMP External Review Committee to tighten up internal mechanisms, particularly in cases of harassment.

The Conservatives rejected all these proposals, which deserved special consideration and which would clearly have improved the government's legislation. In doing so, the government went against the recommendations of several witnesses who supported such measures and who were asking for more independence in the RCMP's investigative process.

The Conservatives also ignored the recommendations of Justice O'Connor in the Maher Arar inquiry to improve the RCMP's review standards.

The government completely ignored Commissioner Paulson's comments that much more extensive reform was needed to address the issues and to promote a more open, co-operative and respectful workplace.

For months now, the NDP has been calling on the government to make sexual harassment and institutional abuse at the RCMP a priority. Throughout the legislative process, we have advocated for measures that would have helped change the culture at the RCMP. By refusing to accept our party's suggestions, the government chose not to address the problem. By giving the commissioner more powers over discipline and complaints management, Bill C-42 does not directly address the problem of harassment anymore than it will change the corporate culture within the RCMP.

The government is keeping the existing structures and refusing to completely overhaul the internal processes. By allowing the RCMP to investigate the RCMP—the police investigating the police—the Conservatives are not addressing the issues. They are refusing to bring in a truly independent structure that operates at arm's length from the institution. There is nothing here to change the atmosphere at the RCMP.

With the new civilian complaints commission proposed in Bill C-42, the government is not straying far from the RCMP public complaints commission. We find it regrettable that the commission is not fully independent since it does not fall under the jurisdiction of the House of Commons, but it will instead continue to report to the Minister of Public Safety.

In conclusion, the government went against the recommendations made by a number of witnesses, Justice O'Connor and Commissioner Paulson. Not only did the government reject the opposition's amendments outright, but it also clearly refused to make the RCMP's internal investigation process more independent and transparent. It refused to fix the systemic problems within the RCMP.

Bill C-42 is not an adequate response to the culture of secrecy and harassment that unfortunately exists within our federal police force. It is also not a response to these women and men who have been the victims of bullying, harassment and retaliation.

[Rosane Doré Lefebvre, NDP, Alfred-Pellan, QC]

Mr. Speaker, before asking my question, I would first like to congratulate my colleague from Saint-Lambert on her excellent speech.

I would like to share with the House something that has been bothering me about this whole sexual harassment issue. This regards a document that was released recently in response to an access to information request made by La Presse. According to that document, some female employees may be reluctant to report sexual harassment because they have no faith in the RCMP's current complaints process. The fact that women are afraid to use the current complaints process is very troubling.

I would like to hear my colleague's comments on this. Is she horrified to know that, because of the current system, women are afraid to speak up about misconduct? Could she comment on the fact that, with Bill C-42, the Conservatives are sadly refusing to protect female workers who spend their lives in the service of our country?

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Mr. Speaker, I thank my colleague for her question, which is truly of central importance. Where victims of harassment are concerned, of course, they already have difficulty in reporting what has happened, because announcing that you have been harassed is not easy, and it is even less so if they do not find the necessary and essential trust within the institution to be able to submit such complaints.

If a climate of trust has not been established, and a climate of violence is in place, because we can see that these women are victims of harassment and we do not find in Bill C-42 the necessary and valid responses to address this kind of situation, I totally agree with her that it is absolutely deplorable.

[Guy Caron, NDP, Rimouski-Neigette—Témiscouata—Les Basques, QC]

Mr. Speaker, my colleague mentioned in her speech the importance of the change in culture within the RCMP that we hoped to see effected, or at least addressed, by this bill.

At committee stage, an NDP amendment I find particularly interesting was rejected by the Conservatives, with no debate or discussion. It involved adding mandatory harassment training for RCMP members to the Royal Canadian Mounted Police Act. I find it absurd, in fact, that such training is not systematically provided.

I would like to hear my colleague’s comments on the impact mandatory training for RCMP members would have in terms of the cultural change we of the NDP are calling for.

[Sadia Groguhé, NDP, Saint-Lambert, QC]

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

Regardless of the location, in point of fact, whether in a private enterprise or within the RCMP, when you are dealing with a change in culture, it is fundamental to build it up through a coaching process. It becomes feasible when the necessary training has been put in place to enable people to talk about harassment.

In terms of training, talking about harassment means being aware of the fact that you can be a victim, or an abuser. It is important to have the necessary information and resources to avoid becoming a victim, and as a victim, to have the opportunity to make a complaint. Also, as a perpetrator, you can avoid becoming an abuser and find help, if needed, on the same basis as a victim.

[The Acting Speaker, Bruce Stanton]

Before we resume debate, it is my duty, pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Beauharnois—Salaberry, Environment; the hon. member for Alfred-Pellan, Correctional Service of Canada.

Resuming debate, the hon. member for Drummond.

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I am honoured to speak to Bill C-42, An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts.

Before beginning my speech, I would like to stress how committed the NDP is to this legislation. Many of my colleagues have risen over the past hour to show their commitment to addressing the problems within the Royal Canadian Mounted Police.

On that note, it is important to stress just how disinterested the Conservatives are in this important legislation and in improving the RCMP. We have done very serious work in committee. Moreover, I would like to highlight the work of my colleagues who sit on this committee. They work very hard and have introduced amendments that, unfortunately, have not been accepted.

Now, what does this bill contain? To begin with, Bill C-42 adds new provisions to the sections on labour relations and gives the RCMP Commissioner the power to appoint and dismiss members as he sees fit. Secondly, it attempts to reform the process pertaining to disciplinary matters, complaints, and the management of human resources for the members of the RCMP. Finally, it is an attempt to reform the former RCMP public complaints commission by establishing a new civilian complaints commission.

As members can see, Bill C-42 reintroduces several provisions included in Bill C-38 of the 40th Parliament. At that time, the NDP criticized the bill because it did not go far enough in reforming the disciplinary inquiry procedures. The most notable difference between Bill C-42 and former Bill C-38 is the fact that the new bill says nothing about the issue of unionizing the RCMP.

On that note, I would like to remind members that the NDP is the only political party in the House of Commons whose employees are unionized. We are very proud of this. It is something that we care about deeply. For that reason, we stand behind workers and cannot stress enough how important it is to respect the work they do. We are proud that our employees are unionized. I take this opportunity to put the ball in the courts of the other parties, so that they, too, begin negotiating with their employees. I think that all employees of the House should have an opportunity to become unionized.

The NDP supported the intention of Bill C-42 to modernize the RCMP and to address problems such as sexual harassment, about which my honourable colleagues have spoken. The NDP voted in favour of referring the bill to committee. As I mentioned, my colleagues who sit on this committee have worked very hard, and very seriously.

After hearing from witnesses and experts, however, it became obvious that the bill had major shortcomings, and would not succeed in improving the RCMP's oversight mechanisms. Moreover, Bill C-42 does not reflect, for example, the recommendations of Justice O'Connor emerging from the inquiry into the Maher Arar case, which also sought to improve the RCMP's review standards so as to meet the needs of Canadians.

The Conservatives introduced Bill C-42 as the solution for the problems of the RCMP, which has become somewhat dysfunctional; on the contrary, however, this is not the solution. The bill does not directly address the problem of sexual harassment, as I said just now, and as my colleagues explained so clearly in their speeches earlier. Nor does it address a number of other issues that were the subject of NDP amendments at the committee stage, and which the Conservatives unfortunately rejected.

The NDP put forward a range of amendments designed to ensure that Bill C-42 reflected the challenges the RCMP is now facing. Once again, I take my hat off to my colleagues, who did such careful work in committee.

The main thrust of the amendments related to the following points. The first thing was to require all members of the RCMP to take harassment training, under the Royal Canadian Mounted Police Act. Unfortunately, this was rejected by the Conservatives. Next, we sought the establishment of a completely independent civilian agency responsible for investigating complaints against the RCMP. Unfortunately, this was denied by the Conservatives. We also proposed adding a provision to set up an independent national civilian investigating body to avoid having the police investigate themselves. Again, this was rejected by the Conservatives. We also wanted to develop more balanced human resources policies by withdrawing some of the draconian new powers suggested by the RCMP Commissioner, and strengthening the RCMP External Review Committee in cases involving discharge. Unfortunately, this too was rejected by the Conservatives.

So the Conservatives rejected all these NDP amendments, ignoring many recommendations from witnesses who had given up their valuable time to come and speak before the committee and explain their points of view, and to suggest amendments and ways of dealing with the shortcomings. We are in fact in favour of the RCMP review principle. We even supported this bill at second reading. Unfortunately, it is not well enough developed at this stage because the Conservatives botched the committee work. They rejected the amendments proposed by witnesses and members of the NDP in committee. That is why we are going to vote against this bill at third reading.

I will now return to the point we were speaking about just now about misconduct and sexual harassment. It is an exceedingly important point, one that has been very much in the news recently and needs to be addressed. Bill C-42 has not gone nearly far enough. Furthermore, as you know, we are asking that this bill should at least provide for training at the RCMP on sexual harassment issues. We are still awaiting the conclusions of the two reports that should shed light on sexual harassment at the RCMP—the investigation by the RCMP public complaints commission and the RCMP gender issues report.

Another problem I discussed earlier, which I find extremely important, is unionization at the RCMP. As I mentioned, we in the NDP are very proud of our support of the unions. We take pride in having unionized assistants and we would like to allow all employees to be unionized. The bill does not address this matter, which is currently before the courts. The RCMP is the only police force in Canada without a collective agreement. Imagine that.

For 35 years, labour relations representatives have been elected to manage employment-related matters. However, this way of doing things, which established a democratic process for employee representation, is a consultation process rather than a true collective bargaining process. As I mentioned, only the RCMP does not yet have a collective agreement and is not yet unionized. This is a shortcoming that needs to be dealt with and which this bill unfortunately does not address.

I could mention a number of other points like that to illustrate the failings of the bill and to explain why we will be voting against it. Among other things, it is because the Conservatives did not take the trouble to listen to the conclusions of the excellent work done by NDP members, in this committee and elsewhere.

I am available to answer any questions you may have about this. I would be more than happy to go into detail about a number of subjects, like sexual harassment and unionization, neither of which this bill deals with.

[Jean-François Larose, NDP, Repentigny, QC]

Mr. Speaker, many MPs have said that this arrogant government thought our amendments in committee were not good.

Has my honourable colleague, who has heard the same things I have, had the same experience in the committee on which he sits? Do the Conservatives listen to the experts who appear there with an open mind, or are they always closed-minded? Do they always ask to proceed in camera, and do they merely do as they please?

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, I thank my honourable colleague from Repentigny for his excellent question.

Before going any further, I would like to name the four NDP members who are doing an excellent job on this committee: the member for Esquimalt—Juan de Fuca, the member for Alfred-Pellan, the member for Compton—Stanstead and the member for Thunder Bay—Rainy River.

My colleague from Repentigny is absolutely right in saying that it is hard to work on the committees at times. In my committee, the hardest thing is that, from the moment we want to talk about amendments, the meeting goes in camera and we cannot report on what happens there.

In a democracy, the public must know what is going on. When the Conservative government does not support our amendments or the recommendations of experts, and when it does whatever it wants to please its little buddies and to attend to its interests, the public must know. We have to tell the public about this so that they vote against the Conservatives in the next election and let the NDP win the election instead. That is what we will do in 2015.

[Ray Boughen, Conservative, Palliser, SK]

Mr. Speaker, I thank the hon. member on the other side of the House for his position with the RCMP.

I would not hesitate to suggest that perhaps we are tarring the whole force with one brush. We are saying that the RCMP has no union. I respectfully submit that I am not sure it has ever asked to have a union. Somehow the hon. member has decided that is part and parcel of what should be in place and therefore, if the Mounties do not agree with it, they are out of sync. I have trouble understanding that.

Just because we do not agree does not mean we are arrogant. If we do not agree with something, it may well mean that we do not believe in it or that we do not think it is pertinent to the bill. I think we have to continually question ourselves. When we make an agreement and then we decide that we want to make a recommendation around the agreement, around the bill, and the other side does not accept it, then is the other side obviously wrong? In my way of thinking, that is the wrong premise to work under.

[François Choquette, NDP, Drummond, QC]

Mr. Speaker, it is entirely natural for us to have different positions. That is not a problem.

However, we are here to do a job, and we must do our work properly in committee. We invite witnesses because we want to hear their comments, recommendations and expertise. When we invite knowledgeable witnesses, we listen to them; then we introduce amendments and improve the bill. That was not done in this case.

It is not right that our NDP colleagues on this committee listened to the expertise of witnesses and introduced amendments, yet the Conservatives refused to implement them for purely ideological reasons. These are very serious, very grave matters. Sexual harassment is very serious. We must tackle it, but this bill does not. That is why we will vote against it.

[Ruth Ellen Brosseau, NDP, Berthier—Maskinongé, QC]

Mr. Speaker, I rise in the House today to discuss solutions to the very serious problems of sexual harassment, abuse of power and bullying in the ranks of the RCMP.

Bill C-42 was introduced by the Conservatives to address serious allegations of abuse, bullying and sexual harassment that had been made by a number of female members of the force.

Those members reported that they were the target of sexist comments, sexual pranks and derogatory remarks in the workplace, and had been for decades.

The harassment came from co-workers as well as superior officers. They said the work environment was hostile and unhealthy for women. The abusive behaviour had become standard practice, one of them reported. According to these women, an abusive work environment had existed for years.

I am pleased that we are finally discussing this bill in the House of Commons. I hoped we would come up with workable solutions. I think we all agree that something has to be done to ensure that these RCMP employees are able to work in a healthy and safe environment.

The Conservatives introduced Bill C-42 as a solution. This bill gives the commissioner of the RCMP the ultimate power to discharge members for administrative reasons only and to appoint managers to resolve conflicts and investigate problems relating to harassment, in particular.

It also establishes the civilian review and complaints commission for the Royal Canadian Mounted Police, the CRCC, to replace the Commission for Public Complaints Against the RCMP.

The new commission will do its own reviews of RCMP policies to ensure compliance with the minister’s directives, the act and the applicable rules. It will have access to information under the control or in the possession of the RCMP. It will establish new investigative powers, such as compelling witnesses and officers to testify and compelling the production of evidence and documents. It will report to the Minister of Public Safety and the commissioner, and its recommendations will be non-binding.

The bill also creates a mechanism for investigating serious incidents, that is, deaths or serious injuries involving the RCMP.

I will remind my colleagues that the NDP supported this bill at second reading, because in principle, we wanted to rectify the serious sexual harassment situation in the RCMP.

In committee, my colleagues listened carefully to the experts’ testimony. The witnesses were clear: this bill would not be sufficient to create an open, collaborative and respectful work environment.

Giving the commissioner more powers is not the solution. The RCMP and the government have to go further in their effort to modernize the RCMP.

My colleagues on the committee proposed amendments in good faith, based on the experts’ testimony, to strengthen the bill and try to genuinely solve the problems of abuse in the RCMP.

For example, we proposed that the bill be worded more proactively to combat the systemic problem of harassment, and particularly sexual harassment, among members of the RCMP. That amendment was rejected.

After hearing the testimony of Yvonne Séguin, executive director of the Groupe d'aide et d'information sur le harcèlement sexuel au travail de la province du Québec, we proposed amendments that would tackle the hostile and sexist work environment head on: incorporating mandatory training on harassment for RCMP members into the Royal Canadian Mounted Police Act.

When she appeared before the committee, she said:

With the 32 years of experience we have, we have found out that when companies do have a clear policy, when employees do know what is acceptable and not acceptable, it makes it much easier for management to deal with the problems.

This mandatory training would help establish a clear policy and a respectful work environment.

That amendment was also thrown out.

My colleagues also tried to guarantee the independence of the body set up to investigate complaints in the RCMP, which is an essential part of making the organization more transparent and responsible. That, too, was rejected.

The list goes on. The Conservatives voted against all of our amendments in the House without any discussion. They feel that the RCMP commissioner should have complete control over the RCMP. Concentrating power in one person's hands is not the solution. That is not how we will make the RCMP more transparent.

I would like to point out an important difference between the Conservatives and the NDP: we listen to experts and we are open-minded. When we look at a bill, we consult experts in the field, we do our research, and we study and consider numerous options. It is important not to focus on one opinion and cast all others aside. We do not start with a preconceived notion and ignore all those that differ from ours.

I would like to talk about the specific context of this bill. This issue is of utmost importance. We need to ensure that the female officers in the RCMP and the public served by the RCMP can trust our police system. I do not feel that this bill goes far enough to address the female officers' concerns. They asked for immediate, tangible results that will foster a safer and more open work environment, but the Conservatives have proposed giving the RCMP commissioner more power.

A recently published Human Rights Watch report describes how aboriginal women in the west mistrust the RCMP. Fifty women shared their experiences in the report. They alleged that the RCMP ignored their requests for help, abused its power and harassed them. They no longer call the police because they no longer trust them. This is only one example of the Canadian public's loss of confidence. Why not take appropriate steps now to deal with the problem?

It is important to deal with serious internal problems of abuse, intimidation and harassment in order to regain the trust of Canadians. We hoped that this bill might be a step in the right direction, but unfortunately the Conservatives chose to ignore all the recommendations made by the stakeholders. The solutions they have come up with would make things more difficult for employees who encounter abuse and bullying. This serious problem calls for real solutions and actions.

To conclude, I fail to understand how my colleagues on the other side of the House could have rejected all the amendments without any real discussion. I know that our points of view are different, but that is what debates are for. We might be able to find a middle ground. It is important not to forget the victims in this kind of situation. We are here to improve things. It is our duty to do so and that is what bills are for.

We have to go 110%.

A small step is not enough to tackle this matter; we need to do more. No matter what form harassment takes, it has serious consequences for the women or men who are affected. There are psychological consequences, like fear that the charges will be rejected, fear of being accused of provocation, anger, frustration, feelings of powerlessness, shame, intimidation, humiliation, depression, stress and anxiety, as well as a loss of self-confidence and self-esteem.

Harassment can also have serious tangible effects, such as poorer quality of work, job loss, loss of benefits, a bad reference from the employer, a tarnished employment record, unfair performance evaluation, or having one's work sabotaged. The victims' burden can take many forms.

It is totally unfair. That is why we have to change things and improve practices at the RCMP. People are supposed to have confidence in the RCMP and in this government. That is why I believe that we are not going far enough and not doing our duty.

[Paul Dewar, NDP, Ottawa Centre, ON]

Mr. Speaker, we train a lot of police overseas. In the past, we have trained police in Kosovo, and we look at what is happening in Afghanistan.

One thing that is fundamental when training police is that the police have to understand that they have a responsibility to the people they protect. There has to be accountability within the police service. To do that, we often push for a lot of training and education on sensitivity. When it comes to sexual harassment and the use of power within the ranks by those who are in senior positions, we have to be vigilant to ensure that there is not an abuse of power. What we put forward as amendments to the bill was to have that accountability in there. It is not good enough to have these prescriptive pieces of legislation: we have to back them up with something. We put that forward in amendments, as my colleague described.

I wonder if my colleague could provide her perspective on the need to have that embedded in our police services. It is not just a matter of having the legislation, which is fine; we also have to have that other piece. We have to ensure that we are vigilant in making sure there is accountability.