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 is from 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 has also written a full legislative summary of the 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.

Similar bills

C-38 (40th Parliament, 3rd session) Ensuring the Effective Review of RCMP Civilian Complaints Act

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-42s:

C-42 (2023) Law An Act to amend the Canada Business Corporations Act and to make consequential and related amendments to other Acts
C-42 (2017) Veterans Well-being Act
C-42 (2014) Law Common Sense Firearms Licensing Act
C-42 (2010) Law Strengthening Aviation Security Act
C-42 (2009) Ending Conditional Sentences for Property and Other Serious Crimes Act
C-42 (2008) Law An Act to amend the Museums Act and to make consequential amendments to other Acts

Votes

March 6, 2013 Passed That the Bill be now read a third time and do pass.
March 6, 2013 Passed That, in relation to Bill C-42, An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts, not more than one further sitting day shall be allotted to the consideration at third reading stage of the Bill; and that,15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.
Dec. 12, 2012 Passed That Bill C-42, An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts, as amended, be concurred in at report stage.
Dec. 12, 2012 Failed That Bill C-42 be amended by deleting Clause 1.
Sept. 19, 2012 Passed That this question be now put.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 11:25 a.m.

NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, I am pleased to rise today to further clarify the official opposition’s position on Bill C-42, An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts.

I want the House to know that we will be voting against this bill. I have discussed the proposed legislation with various stakeholders on a number of occasions, and I have even studied it as a member of the Standing Committee on Public Safety and National Security. I was very disappointed to realize in committee that even though the Minister of Public Safety had said that he would be open to amendments, regardless of which party proposed them, the Conservatives did an about-face and limited debate in committee to seven meetings, rejecting every single amendment put forward by the opposition.

The aim of these amendments was to ensure that Bill C-42 addressed the challenges that are currently facing the RCMP. Among other things, they called for adding mandatory harassment training for all RCMP members specifically in the RCMP Act; establishing a fully independent civilian review body to investigate complaints against the RCMP; adding a provision to create an independent national civilian investigative body to avoid having police investigating police, an amendment that unfortunately was deemed out of order by the committee; and creating more balanced human resource policies by removing some of the new draconian powers proposed for the RCMP commissioner and strengthening the RCMP external review committee in cases involving possible dismissal from the force.

Had these amendments been accepted, this bill could have truly remedied the situation, but instead of enhancing the bill, the government merely introduced some minor amendments, primarily to address translation and grammar problems, not to improve the content. Quite frankly I was very disappointed in the government.

The reality is that this bill represents the Conservative government’s response to long-standing complaints of sexual harassment within the RCMP and the recent scandals that made the headlines involving the overly lenient disciplinary action taken against officers charged with serious misconduct. The reality is that it also fails to deal directly with the problem of harassment within the RCMP and several other issues that were the focus of the NDP amendments I alluded to earlier.

The bill itself cannot bring about the change in the RCMP corporate culture that is necessary to specifically address the allegations of rampant sexual harassment. It does not directly deal with the systemic problems entrenched in the RCMP culture. Frankly, this bill leaves the impression that the Conservative government is afraid to tackle the serious harassment problems in the RCMP. That is why we proposed an amendment requiring all RCMP members to receive harassment training. That amendment was proposed following the testimony of a witness before the committee, Yvonne Séguin, who is the founder and executive director of the Groupe d'aide et d'information sur le harcèlement sexuel au travail. This support group has been in existence for 32 years. Its main objective is to break down the isolation and the wall of silence to which are subjected those who suffer or have suffered from sexual or psychological harassment in the workplace, and to raise awareness about this issue.

This support group pursues several objectives, as stated in its charter. They include: educating the public regarding this issue; advising women on the measures to be taken; helping women overcome the problems they have faced or still face; writing, publishing and releasing documents and manuals, and specifically documents on harassment in the workplace; and raising money through donations and organizing cultural activities for its members.

I had the opportunity to meet with Ms. Séguin while preparing for the discussion that we were going to have in committee on Bill C-42. I wanted to get more details to better understand what her organization stands for. I was deeply touched by everything she told me about sexual harassment in the workplace, about situations which I have been lucky not to experience. I was shocked and this influenced my approach to Bill C-42.

I was particularly moved by one of their campaigns. Unfortunately, I am not currently wearing the lapel pin that she gave me. It says, “It's not part of the job”. I am 100% behind that idea. It really is not part of the job, and it must be condemned. I believe that Ms. Séguin's message says it all.

She also mentioned a training session that her organization had given to a group of firefighters who needed to change their workplace culture, as is the case with the Royal Canadian Mounted Police. I quote:

We had to raise awareness and educate people a lot about the fact that workplace culture can change. It has to change. The change is difficult for everyone, but once it's done, it's crystal clear. In the 1980s, CN made changes to discrimination and sexual harassment policies. This institution was the first to say it feared being flooded with complaints after the decision. However, on the contrary, it received fewer, because things were straightforward.

It is clear that she worked hard with groups that needed to change their workplace culture when it came to harassment. And the changes were positive. This real-life example proves that training and educating a group can have a tangible impact on a workplace.

The minister has not used this bill, or any other method, to mandate a clear policy on sexual harassment in the Royal Canadian Mounted Police, with specific standards of conduct and criteria for assessing the performance of all employees. Such a policy is necessary to provide a basis for a fair disciplinary process.

It was an important step in the changing role of women in the Canadian workplace when, in 1974, the RCMP began hiring female officers. I should point out that in the 1970s, there were even fewer women than there are today in occupations traditionally open only to men. And yes, that is still the case in many situations today, and that mentality still exists.

The RCMP finally changed its policies in response to recommendations that came out of the Bird commission in 1970. This commission wanted to see changes in the role of women in federal government workplaces.

On September 16, 1974, our federal police force hired 32 women from across the country. One week later, these women started their training at the RCMP School in Regina. In March of the following year, 30 women graduated. They were the first female cohort in the history of the Royal Canadian Mounted Police. It was a big step forward in terms of the rights of women and their place in the labour force and our federal institutions. Today, it is very important to take the time to commemorate this.

It is sad, however, to note that only few years later, the RCMP is facing numerous scandals concerning, among other things, harassment of many female police officers.

On July 30, in Vancouver, 200 women made headlines by expressing their interest in being part of a class action to expose the harassment they have been subject to in our federal police force. Women such as Officer Janet Merlo, Corporal Catherine Galliford and Constable Karen Katz were courageous enough to report the sexual harassment they endured for years in their workplace. For these women, every day at work was a challenge.

Today, as the deputy critic for public safety, I want to salute their determination. Reporting harassment takes a lot of courage, and these women have my full admiration. Women who work at the RCMP dedicate themselves body and soul to making sure that Canadians are safe. Sexual harassment cases are always distressing, no matter the workplace. These women risk their lives every day in an effort to protect us, and they deserve a lot better.

On September 19, it was reported in the media that, according to a document obtained under the Access to Information Act, a poll was taken of 426 female police officers in British Columbia following media reports of sexual harassment and the RCMP.

This internal RCMP report suggested that a number of employees were reluctant to blow the whistle on acts of sexual harassment because they do not trust the current complaints process, and they believe that the accused officers will, ultimately, go unpunished.

The report states that there was a pervasive perception within the RCMP that harassment was uncommon. Female police officers are reluctant to report cases of sexual harassment because they have observed that there are no consequences for the harasser other than having to transfer or be promoted.

I would like to digress for a moment. It is quite something to see in this day and age—and there have been number of instances in recent years—that in a case concerning a sexual harassment charge within the RCMP, the person at fault was not dealt with directly and punished; he was transferred elsewhere and given a promotion. In a world in which we tell ourselves that men and women have equal rights, I cannot get over it. It is completely inconceivable for someone who has sexually harassed a colleague to be given a promotion. It is completely beyond me.

I will return now to the report, which says that because women have the impression that there will be no real consequences, they do not believe that it is worth filing a complaint. The women who participated mainly reported that they felt the consequences of filing a harassment complaint outweighed the complaint itself.

They mentioned many problems, including aggressive supervisors, the assignment of women to lowly tasks, the little attention paid to them at meetings, the use of sexual innuendo, as well as touching and exhibitionism. No one should have to deal with this kind of behaviour at work, and these women should feel at ease in condemning this sort of completely unacceptable attitude.

The participants also reported that when they tried to complain, they were often punished. They were also afraid that their career would suffer, that they would be assigned new duties or that they would be posted to another detachment.

One participant even said that she would never make a harassment complaint because she had seen what had happened to those who had done so. Senior employees had made their lives a living hell and used their position of authority to intimidate them.

Clearly, it is urgent that we do something to deal with these obviously indefensible and intolerable situations within our federal police force. And it is not just within the RCMP that these things are happening; they are happening at workplaces across Canada. We have before us a striking example that gives us the opportunity to condemn the unthinkable. We need to stand up and do something about it.

Unfortunately, we New Democrats do not believe that Bill C-42 will be able to deal appropriately with this problem. There is nothing tangible in Bill C-42 that directly addresses sexual harassment, even though the Conservative government promised to address it in this bill. Absolutely nothing. I challenge my colleagues to try and find something in this bill that directly addresses sexual harassment, as the Minister of Public Safety promised. There is nothing in there.

The minister says that he wants more women in the RCMP, and I fully agree with him. The more women there are in environments that have been traditionally dominated by men, the better. However, it will be essential to ensure that they feel at ease in their working environment. Yes, more women are needed, but not under conditions like that.

Last November, we learned that RCMP Commissioner Paulson had given the Minister of Public Safety a document showing that the number of women at the RCMP training centres had dropped by 52% since 2008-09, despite the great need for female personnel.

Among other things, the letter called for action to reduce the number of harassment and workplace bullying complaints at the RCMP. We believe that our amendment providing for mandatory harassment training under the Royal Canadian Mounted Police Act would have been a step in the right direction. I do hope the government will follow up on this and look for real ways to change the internal culture at the RCMP.

I agree with the Minister of Public Safety when he says Canadians' trust in the RCMP has been shaken. In light of the allegations that have been made and the information that has surfaced on the inner workings of the organization, Canadians find it difficult to trust their own national police force. We must restore confidence by changing the culture within the RCMP. That will take a great deal of work. We must work together with all parties involved so that our national police force will have the tools it needs to deal with the problem.

Clearly the bill does not go far enough. It does not address the concerns of the organization's female employees. These women want immediate action to foster a more open and safe work environment for themselves and their colleagues. This bill does not achieve that goal.

Frankly, the government has failed to show initiative on this file. It has been in power since 2006, and despite several reports and recommendations—particularly Justice O'Connor's and David Brown's reports from 2006 and 2007 on possible changes to the RCMP—it waited six years to deal with the issue and even now refuses to take it seriously.

With respect to the cases that came up this summer in the RCMP, Ms. Séguin said, when you find that people have been sexually harassed for two decades, then you know there is a problem. When you hear that 150 female Mounties have gone through the process of pressing charges in a civil suit, it is screaming out loud that the system does not work. She also said she was aware that for a long time it was popular to try to group all the harassment charges together and call it maybe “violence at work”. But she believes that as long as there is sexual harassment in the workplace, as long as there is not the necessary education in place, we should be very specific.

Aside from the fact that this bill does not address the real problem of sexual harassment, we think that, if the Conservative government really wanted to modernize the RCMP, it would agree to move on to the next phase, applying the recommendations made by the oversight organizations and proceeding with an audit of the RCMP by an independent group of investigators who would report directly to Parliament. We believe that something must be done to strengthen the body that reviews and deals with complaints in the RCMP. The Commission for Public Complaints Against the RCMP has been very useful, but we have concerns about its independence and its ability to supervise independent inquiries.

Paul Kennedy, the former chair of the Commission for Public Complaints Against the RCMP, made recommendations, first, in 2009, concerning investigations into serious incidents, and later, when he appeared before the Standing Committee on Justice. At that time, Mr. Kennedy proposed some solutions to improve the independence of the position he occupied. He appeared during the committee's study of Bill C-42 and stated that the bill did not meet the standards of review set out by Justice O'Connor and did not meet the needs of the RCMP or the Canadian public.

The New Democratic Party tried to amend this bill so that it would take the problems that witnesses have raised into account, but the Conservatives refuse to take direct action against harassment. That is not unlike the hierarchical nature of the RCMP and the force's complete lack of independent oversight. It is obvious that, in short, the Conservatives have not done enough to modernize the RCMP.

I would like to thank all the former and current members of the RCMP who made the effort to help us try to amend this bill. The amendments were not dreamed up out in the middle of nowhere. We sat around a table with the people who really worked in the RCMP and the people who were working to end sexual harassment.

We worked with every possible player we could imagine, and I sincerely thank them all. It is for all those men and women that I will be voting against Bill C-42 today. We absolutely must establish a fair, clear and transparent system that will help restore the trust of the general public and the women who work for the RCMP in the national police force.

We on this side of the House will continue to advocate bringing in policies and legislation to protect the right of RCMP members to carry on their honourable work in a climate of trust and respect.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 11:45 a.m.

Portage—Lisgar Manitoba

Conservative

Candice Bergen ConservativeParliamentary Secretary to the Minister of Public Safety

Mr. Speaker, I have a question for my hon. colleague. I appreciate her comments regarding sexual harassment, as well as articulating what many women go through and how difficult it is for them.

We have a bill before us that would provide a very strong framework to address a multitude of negative behaviours that sometimes have been and could be displayed within the RCMP. These have poisoned the culture, certainly harassment and sexual harassment being two of them, as well as bullying, intimidation and racism. Unfortunately, I could go on and on about a number of behaviours that we want changed within the RCMP. Some are more prevalent than others.

Is the member and her party so narrow-minded and small-minded, and I do not believe she is, that they would not support the bill because it is not actually naming the negative behaviour of harassment within the bill? The bill would provide a strong framework to modernize the RCMP and would give management the ability to not only deal with harassment, but bullying, intimidation, violence, racism, sexism, a multitude of negative behaviours that she has, unfortunately, put under the heading of harassment, choosing not to support very important legislation. Is she that small-minded? I do not believe she is.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 11:50 a.m.

NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, I would like to thank the parliamentary secretary for her question. It will give me an opportunity to discuss this matter in greater detail.

The answer is no, not at all. This important bill is supposed to address a lot of problems. Many people who work at the RCMP or in workplaces where there is harassment—and I am talking about all forms of harassment—came to the committee to tell us that this bill does not address this problem at all but rather a different matter altogether.

What did the Conservative government do? It did not listen to them. We had seven meetings to examine a bill hundreds of pages in length that quite simply transforms the Royal Canadian Mounted Police Act.

Let me give an example: the last time the Royal Canadian Mounted Police Act was amended, the committee conducted a very important and very long study. It thoroughly examined the matter. It took 10 years or so to amend the Royal Canadian Mounted Police Act, and the changes were much more minor than these ones.

I believe the Conservatives are not taking the problem seriously. They did not listen to the witnesses in committee. They did not conduct consultations before introducing this bill. The people concerned saw it after the fact. No one was consulted in the preparation of this legislation, and they are trying to tell us they are doing the right thing.

I rather doubt that.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 11:50 a.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, to be very clear, when we look at the bill before us, it is of such a nature that, ultimately, it is a step forward. Do we want some changes? Could there have been more done to improve issues such as harassment in the workforce and so forth? Absolutely, let there be no doubt about that.

It appears as if the New Democrats' feelings are a little hurt. They are upset because their amendments did not pass. There have been many amendments before the committee and it is unfortunate the government does not recognize the importance of accepting those. One can be very critical of the government for that.

The issue before us today is the principle of the bill and whether the bill should be allowed to proceed. My question to the member is very specific. Forgetting about the NDP amendments for a moment, what specific clauses of the bill do the New Democrats oppose, to the degree to which they would vote against the bill passing third reading?

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 11:50 a.m.

NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

It would have been a good idea for my colleague from Winnipeg North to come and see the proceedings of the Standing Committee on Public Safety and National Security and the study that was made of this bill. I do not even know whether he would have had the time to go through the whole bill as it stands.

It is also sad to see that the Liberals did not introduce any amendments to it either. They say this is an imperfect bill. Why did they not try to correct it? I have a bit of a problem when they try to attack on that point.

No, this is not a step forward, not at all. If my colleague had taken the time to look at Bill C-42 in detail, he would have seen that most of the measures it contains absolutely do not address or resolve the issue of harassment in the workplace or give powers to the right people, or anything. No, Bill C-42 is a direct attack on the fundamental rights of workers.

Members may know this perhaps, but the Royal Canadian Mounted Police is one of the only police forces that is not unionized. It is therefore extremely difficult for workers to assert their rights if they have a problem with their employer. And Bill C-42 really contains a lot of clauses that directly attack workers' rights.

We could go through the bill. Perhaps my colleague and I could go for coffee and I could point out all the clauses that show why this bill makes no sense and does not address the right issue.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 11:50 a.m.

NDP

Alain Giguère NDP Marc-Aurèle-Fortin, QC

Mr. Speaker, in the past, we have been told that victims of sexual assault are being encouraged more and more to report the abuse they suffer. We have also noted the many cases of missing women in aboriginal communities. These women are never found.

So, how can a police force that refuses to deal with the issue of sexual harassment within its own organization possibly deal with those kinds of problems in the future?

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 11:55 a.m.

NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

I thank my hon. colleague from Marc-Aurèle-Fortin. He raised some very important points in relation to sexual harassment. Here, it is obvious. The problem with sexual harassment is that many women are too afraid to report incidents.

My partner and I are expecting a baby girl in April. She will grow up and of course I hope nothing bad ever happens to her. If anything ever does happen to her, frankly, you can be sure that I will be the first one screaming very loudly. However, if something does happen, I hope she will have the tools she needs. I do not want this little person to come into the world without being properly equipped to deal with any of the problems that can happen to anyone.

My colleague mentioned the first nations women who have disappeared from reserves. Here we have a serious problem of sexual harassment in the workplace, and that organization does not have the tools needed to tackle the issue. Why not give these women the tools they need to tackle these problems? That is my question here today.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 11:55 a.m.

Conservative

David Wilks Conservative Kootenay—Columbia, BC

Mr. Speaker, I get quite frustrated when I listen to the opposition talk about narrowing it down to harassment. Being a retired member of the RCMP, I was trained by a female. I have trained female members. They have all turned out to be excellent members.

We are talking about a few select members in the RCMP who do some bad things and who should be kicked out. What Bill C-42 would do is give the power to the commissioner to kick them out.

What the member is insinuating is that if we do not have that, this is exactly what would happen. They would be transferred because that is what we would do. We transfer them out of an area so they are not a problem.

Does the member agree that Bill C-42 would give the power to the commissioner to fire someone if he or she were found guilty of a criminal offence similar to harassment or any other charge? Does she think that would be the right response?

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 11:55 a.m.

The Deputy Speaker

The hon. member for Alfred-Pellan has 40 seconds to respond.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 11:55 a.m.

NDP

Rosane Doré Lefebvre NDP Alfred-Pellan, QC

Mr. Speaker, I will begin by thanking my colleague for his question.

He is right when he says that there are only a few people responsible for workplace harassment within the RCMP. However, this is not the right way to deal with the problem.

Concentrating all the power at the top, in the hands of the commissioner or the deputy commissioners, does not really solve the problem. Had my colleague been at the committee meetings, he would have heard that much of the harassment occurs at senior levels. People in more senior positions harass those below them. This is not the right way to go about dealing with the problem. We must deal with it. My colleague is quite right to make that point. However, we are not going about it the right way.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 11:55 a.m.

NDP

Alain Giguère NDP Marc-Aurèle-Fortin, QC

Mr. Speaker, I will be sharing my speaking time with the member for Scarborough Southwest.

Historically, the tradition was that the Mounties always get their man. Is that still true? We might wonder about that. We in the NDP want a police force that is the best in the world. We want its reputation for excellence to be restored.

As New Democrats, we want a modern state protected by a modern police force. We therefore do not want to diminish the effectiveness of our police; on the contrary, we want to enhance it. That calls for some serious thought at present. On the question of harassment, we are told we are making too specific a point of it, as compared to other kinds of police misconduct. Allow me to quote Justice Bertha Wilson of the Supreme Court of Canada, who stated in a self-defence case that a man will never find himself in the situation of a battered woman.

That is a fact. A man will never go through the sexual harassment experienced by a woman. That is very important. It is why we are making a specific point of it. That does not mean we are denying there are other problem; we are not, but that is one that stands out. We cannot solve that problem the same way as all the others.

At the outset, the NDP wanted to tackle the problem of the RCMP and various dysfunctions. We supported Bill C-42 at second reading. We said it was important to take remedial action so that our police force would be more effective, and we voted for the bill, which was in fact sent to committee.

Unfortunately, during consideration of Bill C-42, the representatives made it plain that they were going to shuffle the cards and change people's titles, but fundamentally, the corporate culture that had led to major errors would not be rectified. That is problematic.

In this regard, when we look at the past, we learn that other societies have had the same problems. In France in the early 1900s, the French police were facing organized crime and anarchist movements like the Bonnot gang. The then minister of the interior, Georges Clemenceau, said that a modern police force called for modern solutions. He created flying squads, nicknamed the “Tiger Brigades”. That was an effective response to a modern problem.

Later, France had to think about who was going to investigate its police. To police the police, it created the IGS, the Inspection générale des services, which is not accountable to a police chain of command that it is investigating. It is a totally independent police force that investigates certain kinds of wrongdoing by police and recommends remedial action and sometimes, when it is necessary, punishment.

We hoped that our amendments would be taken seriously in committee and would be discussed and accepted.

Requiring members of the RCMP to take harassment training under the Royal Canadian Mounted Police Act is not a luxury, it is a necessity. I do not understand why the Conservative caucus, so many of whom have been members of the police, would not consider the wisdom of this motion in amendment. It was necessary and they did not do it.

It is sad to say, but the Conservatives claim to have all the answers, like Louis XIV, who said, “l'État, c'est moi”. He was never wrong.

In short, there is nothing more to be said. We even wonder whether there might not have been some further evolution. Now, the Conservative government is God. God is always right. We should simply shut up. But I will not. There is a major problem here.

The police hierarchy has been given the power once again to fire members for a variety of administrative, non-disciplinary reasons. Examples include illness, too much parental leave or post-traumatic shock, which is not taken seriously. There is even talk of punishing investigators who conduct investigations that displease the political masters.

It amounts to quasi-discretionary power over which we would not have any authority. And God knows that this police force needs help and that we are prepared to give it. That is why the establishment of a completely independent investigative body was requested. By giving a commissioner the ultimate power to decide on what disciplinary action to take, Bill C-42 would give him the power to establish a single comprehensive framework for investigating and dealing with harassment problems.

This was precisely what we did not want. Worse still, it creates the same problems that arose in the case of an individual involved in an investigation into terrorism that directly affected national security. They fingered a completely innocent person. They deported him to Syria and he was tortured. But the problem does not end with the Arar case. Not only was a special commission of inquiry required to determine what had happened, but it took a parliamentary committee to eventually discover the truth. The truth was very simple: elements within the RCMP fabricated a terrorist threat simply to impress a foreign police force. It was unacceptable. These are the kinds of blunders that must not be repeated in the future.

There is also the risk that if the problem is not solved and there is no internal framework to deal with issues of this kind, people are going to find other ways of dealing with them and there are going to be leaks to the press. Rather than going through the usual chain of command, people will leak information to journalists. The best example of this was "Deep Throat", who was a senior FBI officer in the 1970s. When, during the Watergate scandal, he realized that presidential power was so influential that no investigation would be possible, he decided on his own, for the protection of the United States of America and in the interests of justice, to leak the relevant information to the Washington Post. Is this what is going to happen in the RCMP in the future? Will people be forced to leak information to the media?

The broad range of groups and experts who appeared and reported on the extent of the problems faced by the RCMP shows that serious action is required. It would seem impossible to refuse to listen to these many groups, with all their expertise, from so many different backgrounds. Unfortunately, however, the government is still not listening.

Some serious soul-searching is required to determine whether we really want an effective police force in a democratic state. The Minister of Public Safety said that Canadians' trust in the RCMP had been shaken. How could this bill possibly restore this trust? Clearly, it cannot. Perhaps the comments of the Minister of Justice could best be described by Madame de Pompadour’s most famous words: "Après moi le déluge". In whatever he does, provided that he pleases his Prime Minister, nothing else is of any importance with respect to future consequences.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 12:05 p.m.

NDP

Romeo Saganash NDP Abitibi—Baie-James—Nunavik—Eeyou, QC

Mr. Speaker, I want to thank my colleague, who always shares thoughtful remarks.

We all agree on the need to modernize the RCMP as an institution. We also agree we need to address the problem of sexual harassment in the RCMP, which has been going on for quite some time. This is a key part of this debate. Our party also proposed establishing an independent civilian body that would examine complaints against the RCMP. As my colleague pointed out, with the RCMP being one our country's fundamental institutions, it must remain credible in the eyes of the public. I would like him to comment further on this.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 12:10 p.m.

NDP

Alain Giguère NDP Marc-Aurèle-Fortin, QC

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

Yes, credibility is at stake. When someone acts as judge and jury in a case where his own brother is the accused, one may wonder whether justice can be served. There needs to be an authority that is totally independent of the offender. The current legislation does not provide for such a change. Everything happens in a vacuum. This is the darker side of esprit de corps. That is why other countries mandate independent organizations to handle these investigations. In France, the work is done by an agency tasked with doing general service inspections. In England, they use the Special Branch. There are major differences. In Canada, it was decided that only the police commissioner would have the authority to impose sanctions. Sadly, in the past, sanctions imposed for serious misconduct have not reflected the seriousness of the crimes.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 12:10 p.m.

NDP

Pierre Jacob NDP Brome—Missisquoi, QC

Mr. Speaker, as usual, my colleague made quite a heartfelt speech. Could he give us a general idea of the suggestions that were made in committee?

Members spoke of adding mandatory training, ensuring an independent body and creating a civilian investigative body in order to avoid situations where the police investigate the police. There was also talk of creating a more balanced police force, from a human resources perspective.

I would like my colleague to comment on these amendments brought forward in committee.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 12:10 p.m.

NDP

Alain Giguère NDP Marc-Aurèle-Fortin, QC

Mr. Speaker, the NDP did not come up with all the amendments that it brought forward. We listened to the most compelling witnesses, such as former senior RCMP officers, criminologists with a spotless past and generally people with a great deal of knowledge in the area. We got them together. We listened to them and brought forward amendments reflecting their suggestions on ways to improve our police force and restore its credibility. The NDP was able to bring forward amendments because it listened to the witnesses.

We listened to them; they had many things to say. Not all of them criticized the RCMP. Many witnesses appeared. For the most part, they were supportive of the RCMP. They were former officers, former members, former victims, people who have seen crime evolve. Those are the people we listened to and respected. They had our full attention. That is why we are very proud of our amendments.