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 17th, 2012 / 12:50 p.m.
See context

NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr. Speaker, the member raises a very serious question on how we can actually make the legislation provide the kinds of things the RCMP commissioner needs to take action on sexual harassment.

In terms of the timing of the bill, one of the curious things is that the minister had the courtesy to inform me that there were translation errors in the text of the bill. If it has taken this long to get the bill into the House of Commons it is a bit odd to receive a letter from the minister saying the bill will have to be corrected.

Apart from those housekeeping things, New Democrats will be talking about the kinds of amendments that would ensure a balanced disciplinary procedure, greater independence for investigations and greater independence for those who serve on the new civilian review body that is being created under the legislation.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 17th, 2012 / 12:50 p.m.
See context

NDP

Marjolaine Boutin-Sweet NDP Hochelaga, QC

Mr. Speaker, I asked the minister a question, but I found his answer unsatisfactory, so I would like to ask my colleague the same question.

Many people have said that the RCMP has fundamental problems and that the recommendations of the commission mentioned in the bill are not binding.

How can such a commission, which has no teeth whatsoever, solve these fundamental problems?

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 17th, 2012 / 12:50 p.m.
See context

NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr. Speaker, this is part on which Paul Kennedy, the former public complaints commissioner, made very strong statements. His view was that in his time in the job, which amounted to five years, he felt he needed greater powers to make binding recommendations.

It goes back to this kind of nexus of relationships between the commissioner and the minister and the commission, which is supposed to hold them accountable. Both the commission, which is supposed to do the accountability, and the commissioner report to the minister, so there is no clear hierarchy of someone who can make recommendations that will have to be carried out.

The reports from the commission, even the new commission that is proposed, that have to come to Parliament are only annual reports. Therefore, with any interim reports with recommendations in them, the minister can choose whether to forward those to Parliament for debate.

We are left with a situation that I believe lacks the true independence we need in the civilian oversight of the RCMP.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 17th, 2012 / 12:50 p.m.
See context

NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, my colleague just spoke about the independence of the RCMP. This reminded me that Bill C-42 is partly based on Bill C-38, which was introduced in a previous Parliament.

Both bills propose similar things. For example, this type of bill would once again enable the RCMP to conduct investigations itself in certain circumstances. For example, the bill proposes that each province be able to choose the organization responsible for investigating the RCMP; if no organization is able to do so, the RCMP itself will investigate.

I would like to ask my NDP colleague what he thinks about this piecemeal system within the RCMP. Does he not think that this type of system would undermine Canadians' trust in the RCMP?

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 17th, 2012 / 12:50 p.m.
See context

NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr. Speaker, the member has asked a very interesting question.

We have seen a regrettable tendency by the government across the board to shed responsibilities and pass them down to the provinces. The RCMP is in fact our national police force. If Canadians are to have confidence in the RCMP, it seems that the buck has to stop at the national level which should quit trying to push these responsibilities down to the provincial level. That is a great concern in the bill and one that we will address in committee.

Like the minister, the hon. member, my associate critic, and I fanned out across the country. I know the member for Alfred-Pellan met with the Canadian Police Association. She also met with the Canadian Association of Police Chiefs. I attended the annual meetings of the Canadian Association of Police Boards. In all those meetings with all of those people we found serious concerns, not that the government was heading in the wrong direction or addressing the wrong problems but with some serious concerns about the measures contained in the bill to address those problems.

Once again, we will look to the committee process to make amendments to the bill, which are quite significant in terms of independence of investigation, independence of oversight and to give the commissioner balanced disciplinary powers and the powers he needs to address sexual harassment.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 17th, 2012 / 12:55 p.m.
See context

Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, this is a good bill to start us off this fall in the House, and I am pleased to participate in this debate.

To start, I would like to talk more generally about the actions of police forces by sharing with members an incident I witnessed this summer.

I stopped at a Tim Hortons restaurant in my riding to get a coffee and work on my work plan. When I entered, there were three people seated at a table: two women and a man. After some time it became clear that the third person did not really know the other two. This third person was a woman in her twenties. She had her head in her hands and was crying. She was obviously very upset. This went on rather quietly for about 15 minutes. Then, two SPVM—Service de police de la Ville de Montréal—police officers walked in. They started to speak to the woman who was obviously upset, and took her outside. There was a long discussion that lasted a good 30 minutes. The police officers were extremely professional. They were very compassionate towards this woman. They asked her questions. This woman may have been suicidal or on drugs, or she may have been going through a psychological crisis. Eventually an ambulance arrived and the police officers helped the woman lie down on a stretcher. The ambulance obviously took her to the hospital.

I shared this story as an example of how wonderful and professional our police forces are, and how patient and attentive they are when they are helping individuals or facing a situation that could turn out badly.

This exemplary conduct on the part of Montreal's finest should not surprise anyone.

I know we are talking about misconduct of police officers, and specifically officers within the RCMP, but I think for every one incident of alleged misconduct or questionable behaviour by the police, there are thousands of incidences every day in the country, like the one I described, in which officers acted in a manner consistent with the highest professional standards, in a manner faithful to their lengthy and rigorous training and in keeping with the highest ideals of service to the community, the same ideals that led them to seek a career in law enforcement in the first place.

On a personal level, the police officers I know in my community are individuals of the highest integrity. They are committed to public service. I think of Roberto Del Pappa, the community relations officer at station 1 in my riding. I think of Paul Dufort, a detective for many years, a gentleman who had a career as a detective with the Montreal police prior to being elected city councillor in my hometown of Kirkland. I think of Michel Lecompte, now retired, but for many years a stalwart presence in Montreal's West Island community as commander of station 1.

There are many police officers serving in the House in a new capacity as elected representatives of the same people they once served as peace officers. I take this opportunity to salute their previous contributions to Canada in their role as members of various police forces.

It is true that what I described did not specifically involve the RCMP, and we are talking about the RCMP's problems today. However, all peace officers are pretty much cut from the same cloth. They are all members of the same family, life members of a true honour society, what used to be called a “brotherhood” before women joined the forces to serve in the same capacity as men and provide the diversity necessary in any public institution that aims to earn and keep the trust, respect and support of the general population.

I came to understand the deep and special bonds that existed within the police community through a friend of mine, the Honourable George Springate, who is now a senior citizenship judge. Many members in the House may have heard of him. He started his career as a policeman and then became a place-kicker for the Montreal Alouettes and helped win the Grey Cup in 1970. After that, he became a lawyer and afterward was head of the police technology program at John Abbott College in my riding. He has been a citizenship judge for a number of years now, doing an exemplary job giving the oath to new citizens. I have come to understand that Judge Springate knows every police officer in the country. Every time he runs into a police officer, somehow he seems to know him or her. Whether it is an RCMP agent or a member of other police forces or municipal police forces, he makes us realize that it is one big community of individuals, men and women, serving society.

It is true that there is some cynicism in our society toward police officers. Even when I was at that Tim Hortons this summer and the police officers were dealing with the situation at hand in an exceptionally professional and noble way, there were people in the coffee shop who somehow thought they were using too much force, which was absolutely not the case. Therefore, there is a level of cynicism toward the police. Obviously, to some extent this bill is intended to reassure the public that our RCMP officers are behaving properly.

However, I would like to suggest that this cynicism is really surface deep. Fundamentally, Canadians truly trust their police officers and feel they are there to maintain order and to do the best in upholding the public good. We just have to think for a moment that everyone here who might have kids probably would have given them the following advice: “If ever you're in trouble, lost or you need some help and there's a police officer around, go to the police officer”. A public that is cynical toward the forces of law and order would not say that to their children.

Also, we all know how much more comfortable we feel if we are in a situation where there is or the potential of a disturbance when we see a police officer not far away. If we see someone speeding on the highway and we just happen to see a police car not far away, we somehow feel much more secure. That means we really fundamentally do appreciate the work of our police forces.

This does not mean that police forces always operate in a perfect way or that reform is not required. Police forces are human creations. They are human constructs and human institutions. As a result, their management structures, procedures and operations are a function of legislation that is created by legislators. Sometimes some reform is required. The system is not perfect and changes need to be brought, especially as society evolves. Fundamentally, Bill C-42 is about changing procedures so that inappropriate behaviours can be dealt with effectively and decisively by the RCMP's internal disciplinary mechanisms. However, it is also about changing RCMP culture.

Organizational cultures communicate signals about what is expected, about what is tolerated and, conversely, about what is not tolerated. I would suspect that, as in any organization, the vast majority of RCMP officers' core personal ethics guide them instinctively toward appropriate behaviour, both as citizens and in their role as police officers.

At the other extreme, there are no doubt those who require clearer signals from the surrounding environment and corporate culture to inform them of what behaviour is acceptable and what behaviour is not.

The RCMP's internal disciplinary structures, policies and procedures must clarify, even simplify, those signals so that expected standards of conduct for a federal police officer are clearly communicated. Obviously, this has not always been the case. One simply has to look at the disciplinary process within the RCMP at the moment to understand how complex it is. It is really hard to wrap one's mind around the various aspects of that system.

Maybe this is one of the reasons why there have been some incidents over the last few years involving the RCMP; for example, the Maher Arar case where matters were not properly dealt with, where the RCMP took some false information to American authorities that resulted in Mr. Arar's imprisonment and torture.

Maybe it is the current system and its failure to communicate properly the inherent, solid values of the RCMP that has led officers to go astray in other ways. For example, in 2004 the RCMP raided the home and office of Ottawa Citizen reporter Juliet O'Neill. Soon thereafter, the Ontario Court of Justice ruled that the sections of the Security of Information Act used by the RCMP violated the Canadian Charter of Rights and Freedoms. Somewhere there is a problem in communicating, to some officers anyway, what is expected in standards of behaviour. The court also found that the issuance and execution of the warrants in that case constituted an abuse of process by the RCMP and ordered that they be quashed.

Then in 2007, David Brown, a former head of the Ontario Securities Commission, released his report on allegations that senior RCMP officers covered up problems in the administration of the force's pension and insurance fund. He did not find an issue of cover-up, just mismanagement, saying the force requires major changes to its governance and culture: “We need fundamental cultural, structural and governance changes throughout the RCMP”. He went on to say that the RCMP structure and culture “is completely at odds with the reality of running a $3 billion enterprise”.

Today we are debating a bill that is intended to bring some reform, some clarity and perhaps some simplification to disciplinary procedures and other related procedures within the RCMP so they are clearly understood by RCMP officers.

In regard to the bill, we are especially pleased that the government has finally given in on something Liberals have been seeking for a long time: a civilian complaints commission with the power to compel witnesses to give evidence, to review the RCMP's compliance with legislation and regulations and to appoint civilian observers to assess the impartiality of criminal investigations.

One of my colleagues raised this point somewhat in a tangential way a moment ago in her question to the NDP critic. Yes, provincial police forces will be empowered, and I believe they are empowered at the moment, to investigate situations of potential or alleged misconduct by RCMP officers. However, the new complaints commission or complaints office, the name of which escapes me at this moment, will have the power to review investigations to see if they were truly impartial and will also have the power to call witnesses.

That is an important safeguard. Whether it is a perfect mechanism, we will see in committee. We will hear differing opinions on that, no doubt, and we will produce amendments as a result.

The RCMP is an iconic and thus powerful symbol for Canadians, but its identification with Canada and our Canadian values of order and good government is also international. If I am not mistaken, the RCMP or mounted police, as it is known, is the most identifiable symbol of Canada in the world outside our borders. We must restore that symbol's polish not so much to maintain the global community's esteem for Canada, though that is desirable, but more important, so that Canadians can have the confidence they require that our country's laws are being respected by those who enforce them and that the peace officers who work to uphold that respect are carrying out their duties with integrity. In other words, that the values that they represent are real and that there is no double standard in living and applying those values. That is why this bill is important. That is why we must get its detailed provisions right. We cannot afford, as a committee, as a Parliament, to slip up on this important task before us.

I look forward to participating in the study of Bill C-42 in committee and working with my colleagues in amending it where necessary. I sincerely hope that government members on committee will be open to suggestions from the opposition. The government probably has its own point of view of what needs to be amended, but I sincerely hope the government listens to the debate because these debates sometimes uncover issues that people who prepared the bill did not foresee, people within the department or ministers of cabinet. That is going to be an important part of this process, and I hope the government takes advantage of the committee process to make the bill better.

Finally, it is unfortunate that it took a letter from new RCMP Commissioner Robert Paulson underscoring the need for urgent reform before the government saw fit to act. It is also unfortunate, quite frankly, that it took some high profile sexual harassment cases to encourage the government to act.

We Liberals obviously wish to assist the new commissioner in the mandate he has been given to reform the RCMP's structures, disciplinary processes and ultimately its culture and credibility with Canadians. We are looking forward to working on the bill at committee. We will obviously be supporting it at second reading.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 17th, 2012 / 1:10 p.m.
See context

NDP

Chris Charlton NDP Hamilton Mountain, ON

Mr. Speaker, more than 200 women have now come forward in a class action lawsuit regarding sexual harassment in the RCMP. As members know, we on this side of the House have been pushing the minister for months now to prioritize the issue of sexual harassment in the RCMP.

One of the things Bill C-42 does not directly address is the systemic issues in the culture of the RCMP. The bill by itself would not change the current climate in the RCMP. In fact, for me, there is one glaring omission in the bill.

Nowhere in the bill, or anywhere else for that matter, has the minister mandated the adoption of a clear anti-harassment policy in the RCMP, one that contains specific standards for behaviour and specific criteria for evaluating the performance of all employees. It is obvious to me that such a policy is needed to serve as a basis for a fair and disciplined process.

I was interested in the member's remarks on the topic of sexual harassment in the RCMP, but I note that when the Liberals were in government they did not create such a policy. I wonder whether he would indicate to me now whether he would be supportive of adopting a sexual harassment policy in the RCMP.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 17th, 2012 / 1:15 p.m.
See context

Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Of course we would, Mr. Speaker. I sincerely believe that everyone in the House would like to see an up-to-date and rigorous sexual harassment policy in the RCMP.

One of the other concerns I have about the bill, which relates to the point that the hon. member raised, is that so much is being left to future regulation. We ran into a similar situation when the committee was studying private member's bill C-293. That bill lays out a framework, but the details are to come later.

It is important that at committee perhaps the RCMP could table a model sexual harassment policy, one in which it would commit to putting in regulations, perhaps, but one to which it would commit today, publicly, as being the one it would live by.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 17th, 2012 / 1:15 p.m.
See context

Liberal

Ted Hsu Liberal Kingston and the Islands, ON

Mr. Speaker, in any large organization that one is managing, it is impossible, very inefficient and very expensive to try to micro-manage and keep track of what every single person in that large institution is doing. That is why it is so important, at a senior management level, to take control of the culture of an organization that one is managing.

My question to my hon. colleague is whether or not this bill reassures him and makes him believe that change in culture will occur at the RCMP.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 17th, 2012 / 1:15 p.m.
See context

Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, I am hopeful. I do think there needs to be more detail. We need to know more about the kinds of structures that will be created.

However, we do know that the commissioner will be given more latitude to reward well-performing officers and to discipline those who fall short of expected standards of behaviour. This is a positive development. It is a desire to cut through bureaucratic disciplinary systems that have probably evolved over a long period of time but have never truly been simplified or rationalized.

I hope the commissioner will exercise his new latitude decisively and wisely, thereby helping to transform the culture. However, we need more detail about why the current system does not work and about what the government plans to put in its stead.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 17th, 2012 / 1:15 p.m.
See context

NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, I have a question for the hon. member for Lac-Saint-Louis.

My colleague from Hamilton Mountain asked an excellent question about what is going on with the class action lawsuit regarding sexual harassment brought forward by nearly 200 women against their employer, the RCMP.

It is crucial that we create an anti-harassment policy, and Bill C-42 presents the perfect opportunity to do just that: to create a policy that will transform the unhealthy environment that reigns within the RCMP.

Since this has been going on for years, my colleague likely knew that harassment that existed when he was in government.

Now that they agree that an anti-harassment policy is needed, why did they not do something about it when they were in power?

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 17th, 2012 / 1:15 p.m.
See context

Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, unfortunately, I was not part of the government at the time.

We need to act now. Maybe something should have been done in 2005, but everyone was surprised by the scope of the problem. We were surprised when some female members of the RCMP reported that they had been sexually harassed. Fortunately, this has been making headlines recently, which is forcing the government and everyone else to take action. However, something should have been done sooner.

The committee's examination will determine if any policy on sexual harassment existed and what went wrong.

We need to look toward the future. As committee members, our duty is not so much to look to the past, but rather to ensure that the sexual harassment policy that is developed is designed for the 21st century.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 17th, 2012 / 1:20 p.m.
See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, we need to recognize up front that the RCMP, as a police entity, has respect throughout the world as an organization that in many different ways has it right. In fact, the RCMP is looked to as a model agency that other countries try to duplicate. I, for one, am very proud of the fact that our RCMP is there. I go to many citizenship courts and see the RCMP officers standing in the red serge, and people identify that and want to have their pictures taken with them. There is an RCMP officer at the front of the stairs in the House of Commons and tourists want to be there. It is an iconic symbol of Canada.

We should recognize that in having such a large organization as we do with the RCMP, there are bound to be some issues that need to be addressed. I am wondering if my colleague would talk about the benefits and strengths in how Canadians identify with what I believe is the best police force in the world.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 17th, 2012 / 1:20 p.m.
See context

Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, I began my speech by trying as best I could to pay homage not only to RCMP officers but the broader family of peace officers in Canada. It is of utmost importance that the public trust in our police forces be maintained and enhanced at every opportunity. They are the ones that ensure that our society remains orderly and an orderly society is required in order for everyone's rights to be respected.

We have to repolish the RCMP's image following a number of well-publicized incidents. I said at the beginning of my speech that I believe 99.99% of police officers across this country do their duty in the most exemplary way. It would be a shame if a few bad apples, as they say, cast aspersions on the family of police officers Canada wide.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 17th, 2012 / 1:20 p.m.
See context

Conservative

Ryan Leef Conservative Yukon, YT

Mr. Speaker, I first thank my hon. colleagues from Lac-Saint-Louis and Winnipeg North for their comments. Before I get into the bulk of my speech, I will read a section from “Sharing Common Grounds”, a document written in the Yukon Territory on the review of the RCMP and its police force. It states:

We have heard many accounts of policing excellence, including stories of RCMP members going above and beyond their normal duties. The purpose of the Review is to improve the quality of policing services for all citizens in the territory.

So I am pleased to rise today to support Bill C-42, the enhancing Royal Canadian Mounted Police accountability act, because I believe this bill would achieve just what that review was highlighting.

This is a critical piece of legislation that would ultimately have an impact on every Canadian right across this country. The RCMP is a national presence, serving eight provinces, three territories, more than 190 municipalities, 184 aboriginal communities and three international airports from coast to coast to coast. However, it is more than that. It is woven into the very fabric of our nation.

Almost 140 years ago, Canada's first prime minister, Progressive Conservative Prime Minister Sir John A. Macdonald, established the North-West Mounted Police to help bring law and order to the newly acquired western territories. The idea then was to make the force something uniquely Canadian by opting for a red uniform in order to differentiate it from the blue ones worn by the Americans. Since then, the red serge has become recognized around the world as a symbol of what it means to be Canadian. Indeed, it has come to symbolize what we as a nation value the most: peace, honesty, integrity and compassion. The RCMP's reputation follows it around the world, with our officers deployed every day in far-flung corners as part of international peacekeeping operations. This global presence is just one more reason why we must ensure that the RCMP continues its ongoing transformation and modernization efforts.

Unfortunately, these ideals and Canadians' confidence in the RCMP have been tested over the past few years due to high-profile events, public inquiries and most recently by the allegations of sexual harassment brought forward by RCMP members. That is why our government has always placed RCMP modernization at the top of its priorities. Once again, the “Sharing Common Ground” document from the territory notes in its executive summary:

The public expects that police officers will act with integrity and that their conduct will be above reproach at all times. From time to time, police services fall short of this expectation. This can be due to the result of a single act by a police officer that offends public sensibility or through a more general decline in the quality of service over time. When either or both occurs, it erodes the public’s trust in its policing service. In these situations, there must be independent, transparent and accessible processes that hold individual members and the organization accountable.

Since first coming into power in 2006, our government has made great progress helping the RCMP modernize and transform itself in key areas. We have already heard the calls for better civilian oversight, more accountability and a stronger framework to handle investigations of serious incidents involving the RCMP. We have heard the calls for more modern discipline, grievance in human resource management frameworks and one that will bring about the cultural shift within the RCMP. We have responded.

The RCMP has also made changes. For example, it has adopted an external investigation and review policy for serious incidents involving RCMP officers. Whenever possible, it refers these investigations to other agencies. It has also revised its conducted energy weapon policy, and it has introduced new operational responses and readiness policies to ensure front-line officers have the resources they require to do their jobs safely and efficiently.

Overall, the vast majority of Canadians remain confident in and proud of the Royal Canadian Mounted Police. This was made clear earlier this year when all provinces and territories that rely on the RCMP to keep their communities secure and their citizens safe re-signed new 20-year RCMP police service agreements.

Notably, among the key issues addressed within the new agreements was accountability, a theme that underpins Bill C-42 and one that I will be returning to often. Although progress has been made on many fronts, we must take further steps to enhance the RCMP's accountability and transparency to all Canadians. Bill C-42 is that body of legislation. It is a comprehensive bill that would allow us to move forward with certainty in our transformation exercise. It addresses calls for increased oversight and accountability of the RCMP and builds on the progress already being made in the management of its workforce.

Underpinning this legislation is the idea of strengthening the accountability of the RCMP: accountability to the Canadian public, and the accountability of senior management to RCMP members themselves and of RCMP members to each other.

Focusing on the first thought, that of accountability of the RCMP to the Canadian public, this legislation would put in place a new civilian review and complaints commission for the RCMP. This new review commission would replace the Commission for Public Complaints Against the RCMP, or CPC, which was created in 1980 to review public complaints made against RCMP members. The CPC has fulfilled its role with great fortitude and dedication and we are grateful for the tremendous efforts of its members over the years. The reality is, however, that the CPC's powers have limited its ability to fully and effectively review RCMP activities. As such, its efforts to hold the RCMP to account on behalf of the Canadian public have been hampered. The new commission would maintain many elements of the CPC but would operate under an enhanced framework that would allow it to be a more effective oversight body.

The most important changes are new powers, including the power to conduct policy reviews, subject to certain identified limitations; the authority to summon and compel witnesses to give oral or written evidence under oath, or to provide documents and other materials relevant to the complaint; and the authority to access all RCMP information, except cabinet confidences, that the commission needs to undertake its reviews. For example, the commission would be able to request privileged information if it could demonstrate that it is both relevant and necessary to fully review the conduct of an RCMP member.

I am pleased to note that the framework for this commission was developed in close consultation with the provinces and the territories that contract RCMP services. During the negotiations for new police service agreements, provinces and territories spoke of the need for a more efficient review system that removes overlaps and redundancies as well as meets or exceeds other police review bodies. The new commission would be better integrated and harmonized with provincial police review bodies including the sharing of information, conducting joint investigations as needed, and issuing annual case specific reports to provinces and territories regarding complaints and reviews in their region.

A further step toward better accountability to the Canadian public can be found in the framework proposed for investigations of serious incidents. When an RCMP member is involved in an incident that results in death or serious injury, or some other matter of great public interest, the Canadian public wants to know that there is a system in place to allow an independent and comprehensive criminal investigation. In other words, it addresses concerns regarding the police investigating the police.

I refer back to an earlier remark about this being done in consultation with the provinces. When I reviewed the “Sharing Common Ground” document, an underlying theme that I found within it was that the concerns of the community revolved around the police investigating the police when it involved serious incidents or death. Drawing directly from “Sharing Common Ground”, we see how Bill C-42 is addressing, at least, the specific needs outlined in that territory's review of its police force.

Every time RCMP members put on their badges and leave their homes there is potential that they might have to put their lives on the line to protect Canadians. Because the police hold special powers in our society, Canadians rightfully hold them to higher standards. Canadians have every right to feel confident that there is a very strong system in place to review serious incidents and that the system is fair, impartial, highly transparent and accountable.

Under the proposed framework and building on the RCMP's policy on external investigations announced in 2010, the RCMP would be required by law to refer serious incident investigations involving the RCMP to an independent provincial body that has, as its core mandate, the investigation of police related incidents, for example, Alberta's serious incident response team. Where no such body exists, the RCMP would then be required to refer the investigation to another police service and only in those very rare instances where these two options are not available would the RCMP undertake the investigation itself.

The framework also provides for an independent observer to be appointed to monitor the impartiality of these investigations when they are conducted by the RCMP or another police service. This would go a long way toward maintaining public trust in the RCMP. Public trust and confidence is the cornerstone of policing and without accountability that trust is lost.

The bill also focuses on improving the RCMP's accountability to its employees. It does so with greatly improved and streamlined frameworks to address discipline, grievance and human resource management issues. These changes cannot come soon enough.

All hon. members are aware of the recent headlines about allegations of misconduct and harassment within the RCMP ranks. The proposed legislation would reorient and streamline a system that is currently bogged down in red tape, overburdened with administrative processes and plagued with lengthy proceedings that can last for years in some cases.

All RCMP members deserve to have access to a discipline and grievous system that is timely, fair and transparent. Just as Canadians need to feel confident in their police organization, so, too, do RCMP members need to trust in their senior management. They need to know that there is a strong system in place to hold their managers and themselves to account for their actions.

Our goal is to ensure that the RCMP as an organization has the tools available to address workplace conflict, performance and conduct matters at the first instance and, where possible, at the front line. This means moving decision-making down to the lowest appropriate level, thereby empowering managers and giving them more responsibility for discipline. This means ensuring there is a proper grievous system in place that allows for early intervention into workplace issues that is flexible in how grievances and appeals are managed and that is based on engagement and fairness. The timely resolution of workplace issues means that officers would no longer be crippled by long and drawn out administrative processes.

Bill C-42 also proposes a new human resources management framework that would give the RCMP commissioner enhanced authority closer in line with those of a deputy minister of a federal department and other police chiefs across Canada. In other words, the commissioner would be more fully able to manage the complex and dynamic environment in which the RCMP operates. The bill would give the commissioner the authority to make decisions regarding hiring, demoting or discharging most members, including officers other than deputy commissioners and commanding officers in charge of divisions, as well as the flexibility to delegate these authorities to another person. He or she would also have the authority to establish processes for investigations into disputes relating to harassment in the workplace.

Of course, with these new powers must come strengthened accountability and transparency. For example, while the RCMP commissioner would be able to demote or discharge a member, he or she would be required to show cause for decisions and serious discipline decisions would be reviewed by an independent external review committee.

The final element of the bill is the proposal to streamline the employee categories within the RCMP. To do this, the bill contains a mechanism that would move the RCMP from three categories of employees to two and provides for the conversion of civilian members to public service employees.

Taken together, the amendments proposed in Bill C-42 would truly set the RCMP on a course for a strong future. They would strengthen and modernize the RCMP to make it more accountable and create a more efficient grievance and discipline system.

The bill would help ensure that the RCMP continues to evolve into a more transparent, effective and accountable force of which all Canadians can continue to be proud.

I call on all hon. members to support this important bill and to ensure its passage. Now is the time that we must work together so that the RCMP remains a source of great national pride whose members represent the values we all cherish of honesty, integrity, compassion, respect, accountability, professionalism and the willingness to go the extra mile to help someone in need.

I move:

That this question be now put.