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

September 19th, 2012 / 6:10 p.m.


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The Speaker Andrew Scheer

The House will now proceed to the taking of the deferred recorded division on the previous question at the second reading stage of Bill C-42.

The House resumed consideration of the motion that Bill C-42, An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts, be read the second time and referred to a committee, and of the motion that this question be now put.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 19th, 2012 / 4:55 p.m.


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NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, as I have mentioned previously in the House, I have had the great privilege of working in the field of environmental enforcement during my career. I have done this overseas, in Yukon, Alberta, Nova Scotia, Montreal and Ottawa. I have had the privilege of working with very dedicated men and women who are inspectors, investigators and enforcement officers. One of the most important things is morale. It is very important to those officers because they tend to be at the bottom of the totem pole in getting staffing, proper equipment, and attention within their respective agencies.

The bill is absolutely imperative for the protection of officers who may feel they are being maligned by sexual harassment. The bill is also important for the purposes of protecting the credibility of the RCMP and the rights of the public to bring forward complaints and to have them properly reviewed in an independent manner. The bill is also important for the credible and effective enforcement of the laws in this country.

I stand with my fellow members of the official opposition in support of sending Bill C-42 to committee. However, I implore the government to give serious consideration to not only some of the proposals that will come forward by our members but also likely some of the same witnesses who have appeared in the many reviews that have gone on over the last decade. These are wise people with a lot of experience. I would also encourage that some of the enforcement officers be brought in. Who knows better than those who are working on the front lines what is needed to do a proper review?

As has been mentioned, we commend the government for finally bringing forward this legislation, which is long overdue, to improve harassment review procedures, to deal with discipline in the force, and also to provide for an improved complaints review process. It is also important that the agency be properly staffed and resourced.

Mr. Speaker, I am having a hard time hearing myself speak. Perhaps members could take their conversations outside.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 19th, 2012 / 4:55 p.m.


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NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, I would like to thank my colleague for his excellent speech on Bill C-42. He raised a number of points that the NDP would like to examine in committee.

I have a very simple question. Is my colleague not disappointed to see that this bill does not go further, when this is an opportunity to make some significant changes within the RCMP?

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 19th, 2012 / 4:40 p.m.


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NDP

Jasbir Sandhu NDP Surrey North, BC

Mr. Speaker, today, I rise to speak to Bill C-42, an act to amend the Royal Canadian Mounted Police Act.

Before I do that, I want to take this opportunity to thank the men and women who are currently serving in the RCMP and those who have served in the RCMP for their dedication and hard work in making our communities safer places to live.

Also I have had the opportunity to work with a number of retired RCMP officers at my previous job. I want to thank a former colleague of mine at the Justice Institute of BC who I worked with for 15 years, Al Lund. He retired from the RCMP after serving our country for 29 years. I thank him for his service.

Having worked with RCMP officers, I know the dedication and the hard work they put into the job to make our communities safer places. I thank all of them.

First, it should be a priority of the House and of the government to restore public confidence in the RCMP. A functioning, effective RCMP that holds the public trust is critical to building safer communities in our country.

On this side of the House, we support the stated intent of the bill and we agree with some of the measures in it.

The minister has said that the legislation should have come to the House sooner. I completely agree with him. In fact, I have stood in the House countless times and called upon the government to step up and deal with the problems that years of Conservative mismanagement have caused in our national police force.

The goals stated in the preamble of the bill, transparency, improving conduct, strengthening the review and complaints body and dealing with the climate of sexual harassment that exists in the RCMP, are all good ones and are what New Democrats have called for over and over in the House.

We support the bill at second reading. However, we firmly believe it does not go far enough, particularly with regard to those issues of sexual harassment in the RCMP. The bill does not go far enough in directly addressing the concerns of women serving in the RCMP who are calling for urgent action to foster a more inclusive and safe environment for women.

The bill has been introduced without the benefit of findings of the internal gender audit of the RCMP ordered by the commissioner, which is currently under way but not yet completed.

It is clear that sexual harassment is not a problem of merely discipline. It is endemic to the internal culture of the RCMP. The approach of the Conservatives does not make women in the RCMP a priority, which is necessary if we want to deal substantially with the problem.

My primary concern is that over and over we see the government's attempt to gloss over real issues within the RCMP and implement quick fixes instead of truly trying to take the steps necessary to fix the force.

For the sake of those serving in the force, to restore public confidence in the RCMP and, ultimately, for the safety of our communities, we need transparency and accountability in the RCMP and solutions that would get to the heart of the problems within the force. On those accounts, the government has failed time after time.

The scope of the problem of sexual harassment in the RCMP is massive. More than 200 women, both current and former RCMP officers, have joined Constable Janet Merlo in seeking a class action suit against the RCMP on the grounds of sexual harassment. That does not include other lawsuits against the RCMP from proceeding, including Corporal Catherine Galliford and Constable Karen Katz.

My NDP colleagues and I have pushed the minister for months to prioritize the issue of sexual harassment in the RCMP. Unfortunately, Bill C-42 does not directly address systematic issues in the culture of the RCMP. It is clear that the bill by itself will not change the current climate in the RCMP.

Despite our repeated questioning and urging in both the House and in committee, the Conservatives have chosen to only focus on the issue of RCMP discipline and RCMP sexual harassment. They did not take a leadership role in presenting solutions. Now we have a bill that would not address the root cause of the problem.

The bill does give the RCMP commissioner the ability to create a more effective process for dealing with sexual harassment complaints, which is an important step in the right direction, but it is not enough. We need to go further on this issue. There needs to be a clear anti-harassment policy in the RCMP that contains specific standards for behaviour and specific criteria for evaluating the performance of all employees. Such a policy is needed to serve as a basis for fair disciplinary hearings.

The Minister of Public Safety has stated, “Canadians' confidence in the RCMP has been tested over the past few years and this legislation will ensure that the RCMP is fully accountable for its actions and is open and transparent in its service to Canadians.”

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

The minister has also adopted the simplistic solution of giving the commissioner the final say on the dismissal of employees.

Once again the Conservatives have rushed through this legislation. As one member has already stated, some grammatical and translation amendments are going to be made at committee.

We agree with Commissioner Paulson that legislation alone is not enough to keep the public's trust and that profound reforms to change deep underlying cultural problems within the RCMP are needed to foster a more open, co-operative and respectful workplace for all employees. The minister has clearly failed to provide leadership on these larger issues facing the RCMP. That must change.

The proposed new civilian complaints commission looks remarkably like the current RCMP Public Complaints Commission, especially since it would not be a fully independent commission reporting to the House of Commons. Instead, it would continue to report to the Minister of Public Safety.

As well, the new commission would have serious restrictions on its ability to undertake independent investigations. Also, its findings would be presented only in the form of non-binding recommendations to the commissioner and the Minister of Public Safety. These restrictions on the independence of the new commission will be a major issue for us at committee stage.

The proposal also fails to create an agency with any teeth, since primary investigations into incidents of death or serious bodily harm would largely be contracted out to provincial or municipal forces even though some have no civilian investigation bodies, or still would be conducted by the RCMP itself. The government must take the next step and allow binding recommendations and full civilian investigation of the RCMP through a truly independent watchdog panel that would report directly to Parliament.

The NDP believes that this bill is a step in the right direction, but it does not go far enough. We will be working to improve the bill at committee.

I would stress that in my community of Surrey and in communities across the country, crime and violence are a reality. Two weeks ago in Surrey, a known gang member was shot and killed in broad daylight. This kind of violence is unacceptable. However, instead of investing in measures to prevent crime in our communities by supporting the work of the RCMP, the Conservatives are making it harder for the police to do their job.

Just last week I spoke in the media about 42 RCMP support staff in B.C. who had received notices stating that they could lose their jobs. Pay cuts affect staff who help our police officers to do their jobs. These are people who work in forensic labs and records, member pay, and recruitment.

We need to support the work of the RCMP, not make its job any harder. This bill is being rushed. I hope the committee will be able to make some amendments and make those improvements that I have talked about.

An effective RCMP force is a matter of public safety and real action is long overdue.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 19th, 2012 / 4:35 p.m.


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NDP

Dany Morin NDP Chicoutimi—Le Fjord, QC

Mr. Speaker, I am somewhat troubled by Bill C-42. I would like to ask my NDP colleague what she thinks. I find that what the Conservatives are proposing—the creation of an organization that has very close ties and reports to the minister—is a little troubling.

Does my colleague not think that it would be better to have an independent oversight body that would report directly to Parliament and that could subsequently make binding recommendations concerning the RCMP and even conduct a complete, civilian investigation into the RCMP?

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 19th, 2012 / 4:10 p.m.


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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, before I begin my speech I would like to read a bit of the summary of the bill because it puts into context some of my forthcoming remarks. The summary states:

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 investigati2powers, 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.

People viewing this will see that the bill is a comprehensive one with many pages of amendments.

I want to refer briefly to the speech by the member for Esquimalt—Juan de Fuca, where he clearly outlined the NDP position on Bill C-42. In that outline he indicated that the NDP does support getting this bill to committee for second reading, but he also raised some concerns. Those are a couple of concerns that I am going to deal with.

The member said:

We on this side agree that there needs to be action to strengthen the RCMP review and complaints body. The RCMP Public Complaints Commission has provided a valuable service but we have concerns about its full independence and its ability to oversee independent investigations....

Finally, there needs to be action in the area of modernizing discipline, grievance and human resource management processes. The minister has cited anecdotal evidence of things that take way too long and we all know that is true. However, what is lacking is clear guidance for RCMP members of what those standards are and how failure of those standards will be dealt with in a judicious and fair manner. In addition, when RCMP members have grievances they need to have the understanding that their concerns can be brought forward in a timely manner and that those grievances can be resolved and not drag on for years and years....

In his conclusion, the member for Esquimalt—Juan de Fuca stated:

—I would stress the importance of both the independence of the RCMP from government and the independence of investigations into RCMP conduct from the government and the RCMP, and also the independence of the commissioner, who really ought to be the chair of this new civilian agency and report to Parliament rather than to the minister of the day.

Those are a couple of aspects that I am going to focus on during my brief time before the House. We have been clear that we welcome the minister's comment that he would entertain amendments to the bill. Although we support the principles of the bill, as I mentioned, we do have concerns. I am going to specifically focus on those concerns around the independent complaints commission and the issue of sexual harassment.

I want to put this into context as well. There was a report back in September 2007 called “Rebuilding the Trust”. Part of the reason I want to read excerpts from that report is that it does set the table for this legislation, but it also reinforces to the Canadian public the importance of the RCMP to them.

My own province of British Columbia is largely policed by RCMP officers. As many others have pointed out, by and large most RCMP officers are excellent at their jobs. We rely on them and trust them. However, there have been some very serious cases in British Columbia that have called into question some of the disciplinary aspects within the RCMP.

The report, “Rebuilding the Trust”, indicates that the RCMP is a national symbol. It states:

The "red serge" has been a source of national pride and is recognized around the world as a symbol of who we are and what living in Canada means. However, in the last few years, trust in the management of the RCMP has been shaken. This has had a stunning impact on the members and employees of the RCMP and on the Canadians they serve. Trust in the management of the RCMP needs to be rebuilt.

That is an important point because it is not only Canadians who rely on the police for its services who need to have that trust but fellow workers, the men and women who serve in uniform, also need to have the trust of their co-workers. That is an important piece. Members need to have confidence that their co-workers are behaving in an appropriate manner.

Although these numbers are from 2007, they are important. They may have shifted slightly but it does show the breadth and scope of the men and women serving in uniform, and the civilians who support them. This is the section titled, “The Business and People of the RCMP”. It says:

The RCMP is arguably the most complex law enforcement agency in the world today. The RCMP provides, under contract, rural and municipal policing services in all but two provinces, in all three territories and in approximately 200 municipalities and aboriginal communities.

It then states:

There are currently over 27,000 members and employees of the RCMP comprising regular and civilian members of the Force and public servants. The approximately 17,000 regular members are trained as qualified peace officers, are entitled to wear the uniform and are entitled to carry weapons. There are also approximately 3,000 civilian members of the RCMP who are not trained as peace officers. Civilian members provide specialist support to the Force in areas such as forensic science and technology. Additionally, the RCMP employs approximately 4,700 public service employees who are not members of the Force, but who provide specialized services in key areas such as human resources and financial management.

In the report, it was discovered that the task had to expand because they realized that during their consultations there were problems around “accountability, governance and cultural issues that ran far deeper and were more fundamental to the Force than those described in the earlier Investigative Report”.

At the end of this report, there were 49 recommendations for things like board management. One of the recommendations was that:

Legislation should be enacted by the Parliament of Canada as soon as possible to establish a Board of Management of the RCMP responsible for the stewardship of its organization and administration including the oversight of the management of its financial affairs, resources, services, property, personnel and procurement.

There was a recommendation “to establish an Independent Commission for Complaints and Oversight of the RCMP having the attributes outlined in Chapter 2” of this report, and that it “should be established and commence operation as quickly as possible following legislative enactment”.

However, there were far-ranging recommendations that also included issues around health and safety for officers, training, education and ongoing support, such as backup and what happens when an officer is disabled.

Again, it is a comprehensive report with 49 recommendations. Although some of these recommendations were undertaken in this piece of legislation, not all of them were and it would be important for the government to indicate why some of these recommendations were not taken under advisement.

Another report in December 2010, called “From Reform to Continuous Improvement: The Future of the RCMP”, also outlined a couple of other key recommendations, and I will just touch briefly on this. It indicated:

Canadians understand the importance of the RCMP in both its local and its national roles. They want the Force to live up to its well-earned reputation in meeting their needs for community safety and national policing. They know, of course, that in carrying out its complex responsibilities and interacting daily with tens of thousands of Canadians, the RCMP will inevitably get some things wrong – sometimes badly so – even as it gets most things right. When it does make mistakes, they expect the Force to be accountable and to respond openly and effectively to scrutiny. If, as we fully expect, the RCMP acts decisively to improve its performance in the future, Canadians will know that it has learned from its errors as well as from its successes.

The report goes on to say:

To meet new challenges and ever-higher expectations, it is clear that the RCMP must be committed to fundamental change and must have the means to bring about that change. Everyone now understands that – the federal government; the provinces, territories and municipalities for which the RCMP delivers police services; the general public and, perhaps most importantly, the leaders of the Force itself. They also need to understand that change must become a permanent condition of the RCMP.

I know other members have referred to the need for cultural change.

There were a couple of key reforms that the report focused on. One was that “the Council was convinced that the RCMP requires a new framework of governance and management, including a continuing source of outside advice and challenge for senior management, as well as a redefinition of the status of the organization”.

They go on to say that they consistently endorse the concept of a civilian board of management. The other recommendation was also around the board of management. In this particular one, they are suggesting that a board of management for the RCMP would be made up of eminent Canadians chosen for their independence, insight and expertise. The council sees such a board as bringing a broad range of benefits to the RCMP, including things like challenging senior management to make better substantive decisions, and it would add to the credibility of the RCMP management inside government.

Those were a couple of other key recommendations. We can see that all of this has to do with increasing and maintaining the credibility of the force because of the importance of its policing role domestically. I am not even going to begin to speak about the international role that we play.

I wanted to point out that some other provincial jurisdictions are undertaking work around independent police watchdogs. An article out of the Canadian Press on September 10, 2012, indicated that starting Monday, police incidents in British Columbia that end in fatalities or serious injury will be investigated by an outside agency.

This outside agency's primary recommendation came about as a result of public inquiries into two high-profile police-involved deaths: Robert Dziekanski, who died at the Vancouver airport in October 2007 after being stunned with an RCMP taser, and Frank Paul, who froze to death in the Vancouver alley where he was taken by Vancouver police after being ejected from a drunk tank. We also had the very sad case of Mark Surakka's daughter who lay dying for four days after an RCMP officer failed to properly investigate a 911 call.

There are still some concerns in British Columbia, and although this is the province, I just want to point out that there are some steps happening here. David Eby of the B.C. Civil Liberties Association said that his group, which has long advocated for the creation of an independent watchdog, was glad to see this day finally arrived. Its members think that although this is an improvement in the accountability of the province, they would also like to see it have a somewhat expanded role, including looking at previous cases which have been closed.

There was also the shooting of Ian Bush, a 22-year-old sawmill worker who was arrested after having an open beer at a hockey game in Houston, B.C. He ended up being shot in an RCMP cell in 2005. Although that was investigated and the case is closed, many community members and family members are still not satisfied. They would like to see that independent body have some oversight there.

Ontario has an arm's-length watchdog to conduct investigations into police-involved deaths. Alberta has its own oversight unit similar to Ontario. Nova Scotia has now appointed a watchdog. Quebec is considering the same. My point in raising these is that there are other examples of independent watchdogs, and presumably one of the things that the government is looking at and considering is what works with some of those independent bodies, what does not work and what we can learn from it.

In the time remaining I want to turn to the issue of sexual harassment lawsuits. I agree with my colleague from Welland that there is a systemic problem within the RCMP. When more than 200 women, both current and former RCMP officers, join Constable Janet Merlo in a class action lawsuit against the RCMP on the grounds of sexual harassment, those numbers speak to a broad problem. That does not even begin to touch on the number of female officers who have not come forward.

A story in the Globe and Mail stated that it obtained an internal report which said that a survey of 462 members of RCMP's “E” Division in British Columbia has found that female members do not trust the force's system to deal with harassment complaints and frequently avoid reporting instances of perceived wrongdoing:

Participants strongly expressed that they were fearful of coming forward to report harassment as it could hinder promotional opportunities, have a negative impact on their careers, and possibly cause them to become a scapegoat for anything supervisors wanted to fault them with.

The opinion was also expressed that the RCMP is known for moving the complainant rather than dealing with the problem. I am going to touch on a very recent case in British Columbia. It goes on to say that the internal report makes it clear that there remains much work to be done inside the RCMP to solve a problem that has persisted for decades. The author of the report, diversity strategist Simmie Smith, pointed out there is confusion with the RCMP between harassment and bullying.

In addition, the report points out that the majority of respondents did not feel that harassment was rampant inside the force, but they still expressed frustration at the handling of existing cases and the high number of unreported cases.

A point has been made that certainly not every female officer has been harassed and not every male officer does the harassing, but again, I point to the 200 officers filing a class action lawsuit. It does speak to a much broader problem.

A majority of the respondents expressed that they had no faith in the current reporting system.

The Summary Report on Gender Based Harassment and Respectful Workplace Consultations decried the “significant failure to report incidents” by Mounties, adding that the lack of formal complaints has resulted in “pent up” frustrations in the force.

Again, although Bill C-42 does reference some changes around human resource management, it does not specifically address the issues around sexual harassment and the ongoing problems.

The report talks about removing the complainant rather than dealing with the problem, and we recently had a case in British Columbia that was adjudicated. It was a staff sergeant who ended up being moved into British Columbia after there were several serious complaints against this officer's conduct within the force. I will read a couple of lines of the synopsis of the decision. It says:

Seven allegations of disgraceful conduct were established against the member.... The board considered both dismissal and a considerable demotion but paid great deference to a joint submission and imposed a sanction consisting of a reprimand, the forfeiture of 10 days' pay, a demotion from the rank of Staff Sergeant to Sergeant, a recommendation for transfer, and a recommendation for continued counseling.

When I read through this report, in the decision on the sanction, the board indicated that:

The seven incidents of misconduct describe a disturbing pattern of activity covering a period of years, involving inappropriate behaviour affecting a number of women who, in one way or another, were directly involved with [the staff sergeant] in his capacity.

It goes on to name his various jobs, and that the “gravity of this misconduct in its totality is such that dismissal was in the forefront of the Board's collective mind”. It also says that:

Victim Impact Statements were particularly troubling, revealing wounds which on a personal and an institutional level will require some time and attention to heal. It will take considerable effort to rebuild the damaged trust in our organization, and the Board can only hope that its decision in this matter will prove to be an important step along that path.

The member forfeited 10 days' pay and received a demotion, and the warning in the board's conclusion says:

The board recommends a transfer to a suitable position. In the Board's opinion, such a position should ideally be one which removes this member from working in the direct vicinity of the complainants and takes into account the potential (albeit limited, given the expert evidence) risk to other employees.

The member for Welland and the member for Hull—Aylmer mentioned that there are cultures within organizations and if we do not establish clear anti-harassment policies in these organizations, women would not feel comfortable coming forward.

In conclusion, we will be supporting the bill going to committee for review. We hope that the minister will truly entertain amendments that look at strengthening some of these aspects of the bill.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 19th, 2012 / 3:55 p.m.


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NDP

Malcolm Allen NDP Welland, ON

Mr. Speaker, I want to thank my colleague from Hull—Aylmer for allowing me the opportunity to speak to this very important bill.

We have said quite openly that we support the bill at second reading, but we see opportunities to amend the bill to actually make it better. There are things that have been omitted simply because they were not thought through. They are not omissions by default or just because, but there are other things we could actually do.

My colleague pointed out the systemic nature of this, but I will quote Commissioner Paulson's testimony before the Standing Committee on the Status of Women, where he said:

It's the culture of the organization that has not kept pace...We haven't been able to change our practices and our policies, or provide systems that would permit women to thrive in the organization and contribute to policing, which they must do....I've said it publicly, and I'll say it again. I think the problem is bigger than simply the sexual harassment. It is the idea of harassment. The idea that we have a hierarchical organization overseeing men and women who have extraordinary powers in relation to their fellow citizens, which requires a fair degree of discipline.

What he talks about is what I saw as a very young person, when I was a student and worked in the auto sector. That workplace was dominated by men. There were very few women in that workplace. There was a culture that had evolved over the years. That culture needed to change as we saw the workplace change. However, when we saw the workplace change, its culture lagged behind. We took steps to remediate that, such as through harassment training in the workplace, so that people felt protected. They could come forward knowing there was an investigation process that was neutral and unbiased, that was not going to be heavy-handed for either party, regardless of who the complainant was or who the person being complained about was. People knew the process was available and that they could take part in that process.

Unfortunately, we have seen over the last year or so that former women officers of the RCMP have come forward after leaving the RCMP. It was a career that they desired and cherished, but because of the actions and the culture inside the organization, they felt they had to leave. Now they have finally come forward and said that all of that needs to change. They are standing up and saying to us as the policy-makers that we need to change the organization so that does not happen to other officers ever again, that people would have to leave their job because of the culture they faced within that workplace.

This is the 21st century and the national police organization finds itself mired in the 19th century. I guess this is better late than never, as one would say, but it is too late for those who have left. We will have to find a way to remediate that. The appropriate authorities will have to do that.

It has been mentioned that there are some misgivings in the sense that the powers in Bill C-42 would be arbitrarily given to the commissioner. The commissioner would become the absolute judge.

In every organization there is always a final decision maker, whoever that may be, but in this particular case, there is no balance. There is no balance for the person who perhaps would be subject to discipline and dismissal. One needs to find the balance, because what could happen is it could have the opposite effect. Folks would be forced into not coming forward because they thought the charge may end up in a dismissal and they would not want that to happen. We would end up with a system that still would not work.

The RCMP is our national police organization. I know that a lot of folks who live in Ontario and Quebec do not necessarily see the RCMP, but for folks in the west, the RCMP is a very visible police organization. We want to have an organization that functions well, which it does.

I also need to say that the vast majority of RCMP officers in this country do remarkable work. They go to work every day, work hard at what they do and do the things required of them under the act. They are good employees and good folks to work with. Unfortunately, there is an undercurrent of the situations that we have witnessed. We have heard about the nastiness of those things and we are now trying to address them. Bill C-42 is a step in the process of finding a way to resolve the issues that came up in the past and to ensure they get rectified and do not happen again.

In my view, we need a sense of independence and an independent body that can look at this organization and not appear as if it were the army. The army has a process as well, which is an internal one. That is justifiable and fair for it. However, this is a police organization that deals with citizens, the folks who interact with it. We need to have a civilian oversight authority that actually has authority and teeth. This is the only policing organization in this country that does not have civilian oversight. Municipal, regional, and provincial police forces in the case of Quebec and Ontario have civilian oversight. The RCMP does not.

That being the case, Bill C-42 has to address the issues of how we can give authority to civilian oversight so that folks can see that complaints are indeed taken seriously, are dealt with effectively and that the remedies that come out the other side are fair and just. I say this because in every remedy, there are two parties. There is always the complainant and there is the one who is aggrieved, and they deserve justice on both sides of the ledger. If we end up with an arbitrary process, there will always be someone who feels as if his or her grievance or complaint has not been handled judiciously in a fair and even-handed way. We would end up back at the same place we are now, with people coming forward and saying that the system did not work when they were involved with it.

I have heard members on both sides of the House say many times that they do not believe people should go to work to be harassed. They should go to work to do the work that we ask them to do, regardless of where they happen to go. Mr. Speaker, you say that you will not condone harassment in the House. However, we have this national organization that for far too long has allowed that to happen and a system to take hold that perpetuates it. It is not even the nudge, nudge, wink, wink routine. It really is a systemic issue, which is much harder to remedy than situations where someone simply does something untoward to someone else, which can then be dealt with by an immediate supervisor by taking the person aside and remedying that particular situation.

When it becomes a systemic issue, it literally inculcates the entire organization and then it becomes okay. If one takes oneself outside of such an organization and steps to the side, outside of the organization one would say in everyday life that others should not do that. However, because it is systemic, when one steps back into that role, it becomes a case of, “Well, that's what we do”. Moreover, because it becomes the norm, “We will continue to do it”. Even though individually we might think something is morally reprehensible, that we would never do it at home, never do it to our neighbours or to our broader community, as soon as we step inside the organization we think it is okay, because the system says to us, “That's what we do”. We need to put an end to that. I think everyone in the House wants to put an end to that.

That is why New Democrats want to send this bill to second reading and improve it. There are opportunities here to improve it. I believe the minister is telling us to bring our amendments forward, that he wants to work on the bill together. I commend the minister for that. Ultimately, we need to make Bill C-42 work for the good women and men in the RCMP and, indeed, the broader public across this country. Let us put the pride back in the RCMP that Canadians have always had in it, and which I know the officers in the RCMP truly want back again so that the organization is the proud organization that we all know it can and will be in the future.

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September 19th, 2012 / 3:55 p.m.


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NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, I thank the hon. member for Hull—Aylmer for her excellent speech on Bill C-42. She raised some extremely interesting points, including the reason why we are pleased with this bill, the type of gaps in the bill and what needs to be improved.

We know that Bill C-42 is a step in the right direction, but unfortunately it does not go far enough. What is sad is that this bill was introduced following much pressure from the official opposition and questions that were put to the government. It was as a result of those questions that the government introduced this bill in haste in June.

I think it was an excellent opportunity to address the problem directly, to really take on the RCMP's internal culture and to ensure that women are protected in the workplace.

I know that my colleague worked very hard in her career for the rights of workers. Is she not a little disappointed to see just how far short of the mark this bill falls, in our view?

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September 19th, 2012 / 3:50 p.m.


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NDP

Dany Morin NDP Chicoutimi—Le Fjord, QC

Mr. Speaker, for months now, the NDP has pressured the minister to give serious consideration to the sexual harassment issues in the RCMP. The fact that 200 women have launched a class action suit against the RCMP shows that there is a problem in Canada in 2012.

But I would like to ask the hon. member whether she shares my view that Bill C-42 will not address the systemic problem of culture within the RCMP. I actually think that the bill will not be able to change the culture and that the 200 women—like the other women who have worked or will work for this institution—will be subjected to this culture within the RCMP and are not very likely to see their conditions improve.

Does the hon. NDP member think that Bill C-42 will change the culture within the RCMP?

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September 19th, 2012 / 3:40 p.m.


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NDP

Nycole Turmel NDP Hull—Aylmer, QC

Mr. Speaker, I am pleased to be sharing my time with the member for Welland.

Bill C-42, An Act to amend the Royal Canadian Mounted Police Act, addresses issues of urgent public concern with respect to the RCMP.

The men and women in uniform at the RCMP have a difficult and often dangerous job to do every day, a job that requires a great deal of judgment and conduct beyond reproach. We should be mindful of the fact that the majority are fathers and mothers who risk their lives to ensure our safety. However, the admiration we have for their courage and commitment should not prevent us from collectively examining the corporate culture of the RCMP and the repercussions this culture may have on workplace relations and the RCMP itself, which is accountable to the public and must be more transparent.

We have all heard that over 200 female employees and former employees of the RCMP have joined a class-action lawsuit alleging sexual harassment. Other individual lawsuits have also been filed. Sexual harassment has no place in our society. It should not be tolerated anywhere, least of all in the RCMP.

We have also heard about disciplinary measures imposed on RCMP officers accused of gross misconduct, measures that many believe to be too lenient. For the past few months, we have been urging the Minister of Public Safety to make sexual harassment in the RCMP a priority.

Bill C-42 appears, at least in part, to be a response to public concerns about this issue. But is it an adequate response? Does the bill go as far as it should to reassure the public that the government is doing everything it can to change the prevailing culture within the RCMP? Like many others, I have my doubts.

Let me be clear. Yes, Bill C-42 is a step in the right direction, but it does not go far enough. We will support it at second reading knowing that the committee will have to work hard to improve it.

I would like to commend the minister for the openness he expressed in his opening remarks earlier this week. He said that he was open to the committee amending the bill. I think that we should all make an effort to collaborate more here in the House.

As I said, we agree with the spirit of Bill C-42. For example, we agree that restoring public confidence in the RCMP is a priority. One would have to be blind or wilfully ignorant not to have noticed public confidence declining over the past few years. The tragic death of Robert Dziekanski and the force's response to it, along with the sexual harassment allegations that I mentioned earlier have done serious damage to the RCMP's reputation.

Second, we also recognize that civilian review is vital to promoting the RCMP's obligation to ensure transparency and public accountability; it is crucial. This is especially true because, without accountability and transparency, the goal of regaining public trust cannot be achieved.

As for the goal of promoting irreproachable conduct within the RCMP, that is self-evident. That being said, it would be in everyone's best interest to clearly specify the consequences of and the procedures to follow in cases of misconduct on the part of any employee. This is the kind of proposal that could be discussed in committee.

On both sides of the House, we share certain ideas about the goals we wish to achieve with this bill, but where we might disagree is on how to go about achieving them. While we support some aspects of the bill, we believe that it should be more ambitious regarding certain points.

It is not a question of criticizing for the sake of criticizing, but rather being constructive and proposing options and solutions.

For instance, we believe it is crucial to allow the RCMP commissioner to carry out reforms in the area of discipline in order to deal with the climate of sexual harassment that exists in the organization. No one is against virtue.

Everyone agrees that the current process to address problems and misconduct in the workplace is too complex and needs to be simplified. However, we also think it is crucial to bring in a clear anti-harassment policy. Specific standards of behaviour regarding sexual harassment and specific criteria for evaluating the performance of all employees must be put in place. It is also important to ensure that these reforms in the area of discipline do not lead to any arbitrary dismissals.

The RCMP is the only police force in the country that does not have a collective agreement. Under these circumstances, we must ensure a balanced disciplinary process in order to avoid any abuses.

We also support reforms to the old RCMP Public Complaints Commission. The public must have full confidence in the independence of that institution. I think the Conservatives and the NDP can agree on that.

Where we perhaps disagree is with regard to the degree of independence that the new civilian review and complaints commission should have. Everyone agrees that we should strengthen the RCMP's review and complaints body. However, Bill C-42 is not robust enough in that regard.

The bill sets out that, like the former commission, the new commission will report directly to the Minister of Public Safety rather than to the House of Commons.

We believe that this way of doing things does not promote the independence of the commission and the investigations that it will conduct. If we really want to restore the public's confidence in the RCMP, we have to guarantee that the civilian review and complaints commission is fully and completely independent.

In order to guarantee the civilian review and complaints commission's independence, we must also do things differently when it comes to the contracts of the commissioners who will oversee it. The current commissioner, Ian McPhail, inherited a one-year contract when he replaced Paul Kennedy. This one-year contract was recently renewed for just one more year.

One year contracts are meant to ensure that the complaints commissioner has an arm's length relationship with the government and to avoid any perception that he does not. Some people will wonder whether the commissioner is able to do his work properly if he does not know whether he will have the job from one year to the next.

The bill provides for contracts of more than five years. Now, we must ensure that this way of doing things does not open the door to a practice similar to the one that is currently in place, that of a one-year renewable contract.

In closing, I would like to emphasize the importance of working together within the House. Above and beyond our political allegiances, we all have the duty to best serve the interests of Canadians.

As I mentioned, we agree with the spirit of Bill C-42 and that is why we will support it at second reading.

However, there is still work to be done. We still have to fine-tune this bill in committee. I raised a few ideas that I hope will be incorporated. My colleagues will do the same. Together, the government and the opposition must ensure that we come up with the best bill possible.

The House resumed from September 18 consideration of the motion that Bill C-42, An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts, be read the second time and referred to committee, and of the motion that this question be now put.

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September 18th, 2012 / 1:55 p.m.


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Conservative

David Wilks Conservative Kootenay—Columbia, BC

Mr. Speaker, as a retired member of the RCMP, I do agree that the Royal Canadian Mounted Police Act does need to be overhauled, and as it is an act of Parliament, it must be done in this House.

The one thing I will say with respect to the part of her speech regarding the sergeant is that, as she well knows, under the Royal Canadian Mounted Police Act right now, the commissioner has no authority to remove members of the RCMP, whether they be male or female. There is nothing for that in the Royal Canadian Mounted Police Act.

My question for the hon. member is this. Does she believe that Bill C-42, which would empower the commissioner of the RCMP to dismiss members for dereliction of duty—which would include harassment, in my opinion—would be a good start for the commissioner to move forward with such things as dealing with sexual harassment in the workplace?

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September 18th, 2012 / 1:40 p.m.


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Liberal

Judy Sgro Liberal York West, ON

Mr. Speaker, before I begin my comments I have to acknowledge the comments from my colleague from Newton—North Delta. Clearly we are talking about trying to engage in getting a piece of legislation to the best that it can be. On this side of the House, in the Senate and elsewhere, we have lots of people who have various backgrounds and who could be very helpful.

If the goal is to strengthen a piece of legislation then it should be taken up by all of us in open debate and discussion, which is what is supposed to happen in the House. The government side seems to feel it has done all its work already and is prepared to move forward on this piece of legislation. It is clearly our intent to do what we were elected to do, which is to look at a piece of legislation, offer our comments and hope to improve on it. With the many smart people that we have in the House, on all sides, I am quite confident that would happen if we would just allow democracy to do what it is supposed to do, which is to allow us all to participate in a proper manner.

As the Liberal Party critic for the status of women I am particularly pleased to be able to speak to the bill. I had been working on this issue for well over a year now when I started getting many calls about sexual harassment from other members of the RCMP. I am pleased to see that the government has responded to the issue and the pleas from Commissioner Paulson and others to start to make some legislative improvements and untie the commissioner's hands.

Is it enough? In its present form, I do not think so, but that is exactly what we are going to do between the House and the committee.

As most members will know, the issue surrounding sexual harassment and workplace bullying within the RCMP is one that many of us have been hearing about and getting involved in. It is unfortunate, however, that it took so much to finally get the government to reluctantly take the step forward to reform the RCMP. However, it is a first step. Let us take it one step at a time.

From the outset I want to make it very clear that I, and I believe everybody else in the House, have nothing but the utmost respect for the RCMP and all of the officers in various divisions and cities who work so much to keep us all safe. Over the years the force has been an honourable, proud and iconic symbol for our country. When asked what they think of Canada, one of the first things people say is the RCMP and their red uniforms. We are very proud of them. I would hope that, as a result of some of the changes that are coming forward and the work of Commissioner Paulson and others, we will see those changes happen.

Despite its legacy, in more recent years the force has received a very black eye due primarily to a failure to address certain internal cultural realities that unfortunately cast the RCMP in a very negative light. Bill C-42 is perhaps the first step down the road toward addressing some of these issues. I say some of these issues because I am not convinced that this legislation is going to address all of the issues at hand. I fear it will miss the mark if the government is not prepared to hear from those affected. This is not just a problem with process. It goes much deeper than that.

A short time ago I was speaking to Senator Roméo Dallaire, who all of us know. We are familiar with the heroic deeds of Senator Dallaire in the military context. During that conversation the senator made connections between the military of the early 90s and the RCMP of today. We all remember some of the challenges faced by DND in the early 90s. Most of these problems revolved around a culture that had not changed or kept pace with the times. There were terrible headlines and terrible comments coming from a variety of different quarters. As a result, the public confidence in the military was again shaken and real change was demanded. The culture of the military at that time needed to be modernized.

Much of what we are talking about in Bill C-42 is an attempt to move forward. It is about modernization. It is about things that were not acceptable 20 years ago but have managed to continue on. Women, in many cases, are the victims of sexual harassment in a variety of different avenues. Especially when we get into places like the military or policing, somehow there seems to be an opportunity for more bullying and sexual harassment.

The Liberal government had a problem on its hands in trying to deal with the outcome of what was very negative publicity in and around our armed forces. The Liberal government at the time made those changes. It modernized DND and the military. It put in place a senior management team that instituted far-reaching change in the Canadian military. It was put in place specifically to change the military culture of how people treated each other, how they treated people at different levels, how they needed to respect each other, and that harassment should not exist in that kind of culture. That was real leadership and that kind of leadership is again needed in the context of the sexual harassment and workplace bullying that we are hearing about within the RCMP.

Even the commissioner is asking for this. Commissioner Paulson was at the Standing Committee on the Status of Women. He effectively said that he needed changes to the legislation that would untie his hands so that he would be able to deal effectively with those he knows are not following the rules as they should be followed. I want to be optimistic but I am not seeing that level of leadership as much as I am seeing a careful response based in a public relations strategy.

That is part of the reason why it is so important for there to be a debate in the House and for this legislation to go to committee, where it will have a true opportunity to be debated and strengthened so that this is not a public relations strategy and we really will attempt to fix the problems that we all know exist in the organization.

It is a serious move for 138 people to file harassment charges against the RCMP. It certainly is a career ending move, but it should not be that. Those people who came forward know that their careers are effectively over, but they felt strongly enough about their belief in the RCMP that they wanted to see a change come about anyway.

It should not have taken a public appeal from the Commissioner of the RCMP, either, to prompt a government response to the problems within the RCMP. That was reckless on the part of the government. Clearly the commissioner felt the only way to say this publicly was at the Standing Committee on the Status of Women. He felt that was necessary. If we were going to see change, that was the only way for him to come out and make such a statement. Even now, according to the The Hill Times, government MPs on the Standing Committee on the Status of Women are reluctant to really deal with this matter in an open and transparent manner.

I give credit to the standing committee, of which I am also a vice-chair, for dealing with the whole issue of harassment and sexual harassment. Rather than focusing strictly on the RCMP, as I would have preferred us to do, we are broadening that and looking at a dozen different Government of Canada departments. We are looking at what the policies are when it comes to sexual harassment. Some departments have them and some do not. They should all have them. I want to applaud the committee for taking a leadership role in doing that. A serious look at harassment would benefit not only government departments and employees of the Government of Canada but we would be showing effective leadership for the provinces and many other people across Canada. That is the kind of thing that I would like to see the committee do. I want to applaud it for dealing with that issue. It took a lot of pushing to get it there but it is there. We are going to work together this fall on that study.

The reluctance by the government to deal with the changes needed in the RCMP is really an affront to people like Jamie Hanlon, Nancy Arias and Catherine Galliford. These are dedicated people who dreamed of being part of the RCMP but found their dream to be a nightmare once confronted by a system that allowed, and even encouraged at times, harassment according to some of the comments that have come forward.

These issues must be resolved. Abuse, sexual intimidation or workplace bullying should never be acceptable. These issues should never flourish in any agency or organization in Canada, least of all the RCMP.

To put it into perspective, I would like to read from an email my office received from one of the women who faced sexual harassment within the force. She said, in reference to Bill C-42:

Bill C-42 is an important step towards the future. However, it in no way addresses the serious issues of violence in the workplace at the RCMP that has been around for more than 20 years, and it is for this very reason that it is extremely important and imperative that the victims of these crimes be heard and that accountability prevails. Only then can we all move collectively into the future.

That is a very important statement from someone who has been part of this, who has experienced that kind of harassment, who wants to see the RCMP improve and go forward.

Whatever happens, there will very much be watched by many of the police services throughout our great country, no doubt, because there is an awful lot that goes on that is not reported for a whole lot of reasons.

No one wants to lose their job. They know that it could clearly impede their opportunity for advancement, but these are very serious issues. I hope that at the Standing Committee on the Status of Women we will be able to give these women an opportunity to speak, and men are part of this as well, but an opportunity to be heard because they are in it for the right reasons. They want to see changes and improvements happen. I agree and I am truly hopeful that the government will get serious about tackling this issue when Bill C-42 arrives at committee.

Further to this, in May of this year, RCMP Commissioner Paulson wrote an open letter outlining his current limitations in weeding out the so-called bad apples in the force. Never in the 13 years I have been here have I ever seen a department head, a deputy minister or a commissioner write an open letter in the newspaper appealing for help to make change in his organization. It took a tremendous amount of courage on his part to do that. The Minister of Public Safety took that very seriously, went to work and created Bill C-42.

This letter added to his testimony before the Standing Committee on the Status of Women. He said his officers did not have the confidence in the ability of the force to resolve these matters. I did not say that. Commissioner Paulson, head of the RCMP, said that.

When we go back to how the Liberals dealt with the issue in the military, it would set up a separate group of people outside of the RCMP who would deal with all of those issues and come forward with some recommendations. Over and above the work we are doing on Bill C-42, there should be a separate team of people, experts in the field, that would really make those differences.

In essence, an exasperated commissioner was begging for help. Only then did the government step in.

The minister would say that he is addressing the matter at hand, but I fail to see how reworking the force's bureaucratic grievance system and giving increased power to the commissioner would address cases such as the one involving the infamous Sergeant Don Ray. Sergeant Ray admitted that over a three year period of time he had sex with subordinates, drank with them at work and sexually harassed them. He was also found to have used his position to favour female potential employees.

Those are very damning things for a member of the RCMP to do. What happened to him? In return, rather than facing charges, Sergeant Ray was docked 10 days' pay. He intimidated and harassed women in the service, and all of that went on over a period of years. Women would get fired and dismissed and all kinds of things, but what happened to Sergeant Ray? He got a 10-day suspension and was transferred to another detachment.

I have to wonder where that other detachment is. If a woman in Edmonton or Manitoba has difficulty getting home one night, will Sergeant Ray, on a dark night, be the one to help her fix her car, or whatever has happened, when she is stranded? I would not feel safe having him out there. It is absolutely unbelievable that he would be allowed to be out there with a 10-day suspension.

However, I think we can agree that this is not an administrative failing. This runs far deeper than that.

This is precisely why I think Bill C-42 would not be enough to address these cultural matters without real debate, which is what we should be having in the House, open dialogue and several amendments at committee.

I certainly hope the committee will be able to do that, that the committee will not be hamstrung and will be able to hear from all the individuals who are part of a variety of different positions in the RCMP, whether they are part of a lawsuit or whatever it is, that they will be encouraged and allowed to come to committee. In that way the committee will have a full picture of what is going on and can make the amendments necessary and can make a recommendation to put a leadership team together to ensure that the changes needed in the RCMP happen and that this is simply not a bunch of paper and another bill that would have no teeth and no real ability to do anything.

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September 18th, 2012 / 1:05 p.m.


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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, it is my privilege to rise to debate Bill C-42. As we all know, the bill was tabled just days before Parliament recessed for the summer. It was introduced in light of the many challenges the RCMP had faced over the last number of years, with the numerous struggles, scandals around sexual harassment and the internal processes and a feeling of a lack of trust in one of our most iconic institutions, the RCMP.

I will speak in support of the bill getting to the committee stage so major issues can be addressed. However, I cannot proceed without echoing the concern of my colleague who spoke before me about the lack of debate from one part of the House.

Parliamentary democracy is a treasured institution, of which we are very proud. My experience as a member of Parliament, since the very short time I have been in the House, has been the lack of respect for our parliamentary democracy. I have seen it through the movement of closure, time allocations and all kinds of ways to muzzle debate.

In parliamentary democracy, the government proposes and the opposition critiques, not with the idea of just simple opposition, but with the idea that through debate, the initial debate and then the committee stage, we end up with legislation that best serves Canadians and that has been chiseled, questioned and put under the microscope.

We saw how our voices were silenced in June, May and April, all those months, but today I am experiencing a different kind of eery feeling in the House where the government has brought forward significant legislation for debate. Debate does not mean a few people having a conversation. This debate, to be truly effective, has to be with people from government who will respond to issues we raise, answer questions and explain some of the elements of the legislation. That is what debate is. Then we examine it on its merits.

I will echo my colleague who spoke earlier who has said that lack of debate and that lack of response from one end of the House seems very disrespectful of our parliamentary democracy and of the role we play as elected parliamentarians who are here to debate, not to just sit in silence, in this very well-respected institution.

I am very proud of the work done by the RCMP. In my riding of Newton—North Delta, on the Surrey side, we are served by the RCMP and I have always been truly impressed by its professionalism, dedication and the way it carries out its work.

The government has presented legislation to enhance trust and restore accountability in the RCMP. It takes more than some words on paper to enhance accountability in the RCMP.

We ask our men and women in uniform to carry out some pretty serious responsibilities, which is the protection of our citizenry, and they do that. However, we also have to give them the resources to ensure the staffing exists and they have the tools and resources so they can carry out their tasks, whether their tasks are in their duties as RCMP officers, the investigation processes, the forensic processes or the internal workings of the RCMP. The government is cutting 149 positions from the RCMP, the same government that talks constantly about increasing our community safety and security, greater policing and vigilance and all of those issues. The cutting of those positions seems a little at odds with those positions.

I also want to bring to the attention of members that 42 of those positions will be cut are in B.C. The positions being cut across the country include cuts from the investigation branch and the forensic's area. I wonder how much trust people can have in the RCMP when we do not give it the tools to do its job. Only when RCMP members carry out their jobs and the functions we ask them to do people build trust in our iconic institution. However, we are denying them access to some of those basic tools.

I want to talk about a major driver behind this legislation, which has been the litany of sexual harassment allegations within the RCMP. No one in the House supports sexual harassment anywhere and when it happens in one of our iconic institutions, which is there to protect citizens, it gives us a great deal of concern. We have to remember that the vast majority of members in the RCMP is not implicated in these allegations. However, even one allegation is one too many. There have been many and this needs to be addressed.

I know we cannot address an issue like sexual harassment and the culture that I would not say facilitated but allowed it to happen. We cannot change that culture or stop sexual harassment simply by passing legislation. When we talk about the major elements, we have heard that the culture has to be changed, the hierarchical and accountability culture. Yes, we need legislation and processes in place, but they need to be clear, transparent and independent processes so the investigations and consequences are not determined by those who are part of the institution. However, as a teacher and counsellor, in order to bring about cultural change within any institution, one cannot impose things from Parliament or the commissioner. In order to bring about cultural change within the RCMP or any other institution, there has to be a great deal of buy-in. The way to get buy-in is by engaging the community and the RCMP in a very meaningful way, as well as ensuring the RCMP is part of the end solution.

One of the concerns I had when I read this bill was about the amount of power that would be given to the minister. This seems to be a new trend. When it comes to immigration, every piece of legislation that has come forward recently seems to put even more power in the hands of the immigration minister. This is not against any individual, but I do not believe we need to give ministers that kind of centralization of power or that much control.

We have to look at putting in place a process that involves the police, the communities and the different agencies to have structures in place so there is a great deal of independence. If we have a independent commission looking a this, to whom should it report? It should be Parliament. This is the body that needs to take this on.

On the issue of sexual harassment, the commissioner had started an investigation and report into gender balance and other issues. That report has not been released yet. In many ways there are elements in the bill that are very premature, but also elements which should have been acted on a long time ago to address the immediate issue of sexual harassment. Issues of sexual harassment cannot wait one, two, three or four years. We all know the kind of damage that does not only to the individuals involved, but to the whole institution of the RCMP. I have a great deal of concern with the way this process is playing out.

Giving so much power to the minister and centralizing quite arbitrary powers in the hands of the commissioner should also give us some concern. One of the things I have learned over the years is that Canadians believe in the rule of law. They also believe in due process. If individuals are charged with something, we want them to have due process. That does not mean we want to be tied up in the courts for years and years. It means we need a very clear process where the rights of the individuals who have allegations against them are respected as well. If we do not have that, we are in danger of moving toward omnipotence being placed in the hands of a few who then believe they can take action without any recourse by others. That is not the Canadian way of doing things. We have to absolutely ensure we do that.

I do not think anyone believes there should not be oversight of our RCMP and other institutions, but we need the kind of oversight that actually moves us forward and not have people digging trenches and making things worse.

I have had a number of conversations with RCMP officers in my riding. Summer is when we get to be in our ridings and we meet with our constituents at barbecues or on the street. Others come to meet with us individually. I was very impressed by the conversations I have had with RCMP officers. It is a group which is feeling oppressed right now. There is a lot of insecurity and a feeling of what is happening, of the unknown and the feeling that a hammer will fall on them, that they will be expected to do more with less. They do not even know what kind of due process and rights they will have in the new systems that come into play.

When people with years and years of experience, people who serve our community as valiantly as these officers do, raise those concerns, we have to pay attention. Legislation that is as unclear and convoluted as this helps to create more confusion and does not really take into account the short-term actions that we spoke about last May and June. We need to take those actions immediately. We also need to put some independent but fair processes in place for everyone.

I do not think anybody wants fairness for themselves at the expense of other people. As a government, we want to ensure that the legislation we bring forward and passes in the House provides our men and women in uniform that due process they so need and deserve.

Putting power in the hands of ministers also sends a different kind of message. It takes away the independence and professional service we expect from policing. If the minister has extraordinary powers to overrule, direct and delegate here, there and everywhere, that actually creates more instability not only in the force but also in the communities because they are not clear as to who is making the decisions, who is finally responsible and who will be held accountable for those actions.

I went into teaching because I am hopeful and always expect situations to improve. I am hopeful that when we get to committee stage opposition committee members, including our critic, will be given the time they need in order to make the kinds of amendments that will make this legislation more palatable to the opposition and also move us forward in a more positive way.

The one thing I have learned over the years, whether it was dealing with kids or adults, is that if we want them to change their behaviour, hitting them on the head does not make it happen. Therefore, having more legislation with more of this will not do it.

I would urge that the RCMP be more actively engaged. Its members are very concerned about the damage to their image. The RCMP officers who I have talked to are just as outraged and upset by the sexual harassment cases and other scandals as we are. They want to be part of the solution. I would say that if we put them outside of the solution, outside of that circle that is coming up with a solution, we are not acting smartly or strategically and I would question how serious we are about addressing the issues that exist within the RCMP that require our attention.

Once again I urge the government to reconsider centralizing the powers to ministers in a way that does not serve our democracy well. I also urge the government to get engaged in debate. This is the House of Commons where debate happens between different parties. If I were sitting on the government side, I would want to actually engage in a discussion about a piece of legislation if I were serious about it. To just sit quietly is a waste of taxpayer dollars and goes against parliamentary democracy because taxpayers send us here to play an active role in Parliament. That is what we are here to do.

There are many other issues that I could speak to but I see I am out of time. I will finish off with the idea that we cannot bring about cultural change and build trust and accountability by just words on paper but rather by actions and how we engage people in a meaningful and respectful way.