Enhancing Royal Canadian Mounted Police Accountability Act

An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Vic Toews  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

This enactment enhances the accountability of the Royal Canadian Mounted Police by reforming the Royal Canadian Mounted Police Act in two vital areas. First, it strengthens the Royal Canadian Mounted Police review and complaints body and implements a framework to handle investigations of serious incidents involving members. Second, it modernizes discipline, grievance and human resource management processes for members, with a view to preventing, addressing and correcting performance and conduct issues in a timely and fair manner.
It establishes a new complaints commission, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police (CRCC). Most notably, it sets out the authority for the CRCC to have broad access to information in the control or possession of the Royal Canadian Mounted Police, it sets out the CRCC’s investigative powers, it permits the CRCC to conduct joint complaint investigations with other police complaints bodies and it authorizes the CRCC to undertake policy reviews of the Royal Canadian Mounted Police.
It establishes a mechanism to improve the transparency and accountability of investigations of serious incidents (death or serious injury) involving members, including referring the investigations to provincial investigative bodies when possible and appointing independent civilian observers to assess the impartiality of the investigations when they are carried out by the Royal Canadian Mounted Police or another police service.
It modernizes the Royal Canadian Mounted Police’s human resources management regime. In particular, it authorizes the Commissioner to act with respect to staffing, performance management, disputes relating to harassment and general human resource management.
It grants the Commissioner the authority to establish a consolidated dispute resolution framework with the flexibility to build redress processes through policies or regulations. It provides for a disciplinary process that will empower managers or other persons acting as conduct authorities to impose a wide range of conduct measures in response to misconduct and that requires conduct hearings only in cases when dismissal is being sought.
It also contains a mechanism to deem certain members as being persons appointed under the Public Service Employment Act at a time to be determined by the Treasury Board.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

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

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 10:35 a.m.


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NDP

Élaine Michaud NDP Portneuf—Jacques-Cartier, QC

Mr. Speaker, I would like to thank my colleague for his question.

Some people may point out that I do not sit on the Standing Committee on Public Safety and National Security. Nevertheless, I should be able the answer the question.

Yes, my NDP colleagues proposed amendments, which the government flatly rejected, as it always does.

As a new MP, I am very disappointed. I was a parliamentary guide for a while before starting my career as an MP. I used to take great pleasure in telling visitors that the work needed to advance Canadian issues really happened in committee, where all the parties worked in collaboration.

Now that I have become a member of the House, my speech would be totally different, were I to give another parliamentary tour. Openness is non-existent, and meetings are very often held in camera. In that context, keeping our constituents informed of what is happening is a major challenge. On top of that, we have to deal with this government's amazing arrogance and intransigence.

I touched briefly on my experience on the Standing Committee on Official Languages. Being part of the Standing Committee on Public Safety and National Security must have been extremely similar, as the orders all come from the same source: the Prime Minister's Office. People can imagine for themselves how this government deals with opposition members in committee. The government keeps Parliament from doing the real work it should be doing.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 10:35 a.m.


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NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, I want to inform you that I will share my speaking time with the member for Sudbury.

I am pleased to rise today to speak to Bill C-42, which would strengthen discipline in the RCMP following numerous cases of harassment, intimidation and serious misconduct.

The NDP supports the principle of this bill. That is why we supported it at second reading.

During the parliamentary committee's proceedings, however, we heard from witnesses and experts who confirmed our first impression that Bill C-42 has some serious deficiencies and would not improve oversight of the RCMP.

The Canadian public's trust in the RCMP has been put to the test in recent decades, given the many scandals in which the force has been involved.

Consider, for example, the Maher Arar affair. That Canadian citizen was deported to the United States and then tortured by the Syrian government based on false information conveyed by the RCMP.

Consider as well the RCMP's bungling of the Air India affair, a pathetic case of incompetence and negligence. In addition to failing to co-operate with CSIS, the RCMP was unable to prevent the incident, even though it was warned of a direct attack on flight 182 three weeks before it occurred.

I would be remiss if I did not mention the Airbus affair. The RCMP's incompetence in that matter forced taxpayers to pay Brian Mulroney $2 million in damages.

There are also the many criminal and political cases in which charges were never laid. Consider the sponsorship scandal, for example, and the disappearance of hundreds of thousands of dollars from the transitional jobs fund.

There was also the major fraud involving the RCMP pension and insurance plans. The Auditor General of Canada uncovered numerous cases of cronyism and reported that RCMP operating expenses had been charged to the employee pension and insurance plans.

Many cases of psychological and sexual harassment have been made public over the years, but authorities have not taken steps to address them. For example, Victoria Cliffe and three other female RCMP officers in Alberta accused Sgt. Robert Blundell of sexually assaulting them during undercover operations.

Ms. Cliffe stated that the RCMP commissioner was the person responsible for making the final decision on all internal investigations, every investigation conducted within the police force and every disciplinary problem. She added that all matters were referred to the top, to the big boss.

Remember that, following that disclosure, Victoria Cliffe lost her position as a negotiator and Sgt. Blundell lost only one day's leave.

We could also talk about all the police blunders that might suggest there were shortcomings in RCMP officers' training and supervision. Much of the problem stems from the fact that the RCMP enjoys special status, untouchable status, within the government.

For example, the RCMP is not subject to the Access to Information Act or covered by the Public Servants Disclosure Protection Act.

Members will recall that when the Conservatives introduced the government accountability bill in 2006, they maintained most of the exemptions for the RCMP. Furthermore, unlike officers in other police forces, RCMP officers still have no right to unionize, which would put them in a better bargaining position that would facilitate the disclosure of wrongdoing.

In short, the RCMP is out of control. In 2007, the president of the Canadian Police Association even said he thought all parliamentarians should be concerned about the fact that an organization of the RCMP's size and power had little or no accountability.

Shirley Heafey, the former chair of the Commission for Public Complaints Against the RCMP, spoke out on several occasions about the organization's cover-ups and lack of transparency:

[The commissioner of the RCMP] does not understand the accountability system, he does not understand the complaints system. It was very difficult for him to accept that he was accountable to a civilian agency.

She added that there was no way to make the RCMP accountable.

She also said that she believed it was going to explode at some point. She said that they could not continue covering up and downplaying the problems forever. Every time something serious happened, it was often impossible to obtain the documentation. Finally, she mentioned that she found it difficult because she was constantly spending a lot of energy trying to do her job.

Despite these shocking comments, the Conservative government continues to drag its feet. Bill C-42 will not really make much of a difference to the RCMP because the proposed measures do not go far enough. Nevertheless, the NDP has worked hard to improve the bill. We proposed a series of amendments to make Bill C-42 respond to the challenges that the RCMP currently faces.

The NDP amendments include requiring all members of the RCMP to receive harassment training in accordance with the Royal Canadian Mounted Police Act, establishing an independent body to examine complaints against the RCMP, adding a provision to create an independent national civilian investigative body in order to prevent police from investigating police, creating more balanced human resources policies by eliminating some of the new draconian powers of the RCMP commissioner, and strengthening the RCMP external review committee in cases where dismissal is being considered.

As is often the case, the Conservatives rejected all the NDP amendments. However, most of them met with the approval of many of the witnesses who appeared before the committee.

I would now like to deal more specifically with two major problems with the bill. As my colleagues have already mentioned, there is no proactive measure against sexual harassment. For a long time, the NDP has been asking the government to make dealing with harassment at the RCMP a priority. Bill C-42 does not directly attack this scourge, which has become a systemic problem.

Although the bill gives the RCMP commissioner the ability to create a more effective process for dealing with sexual harassment complaints, we believe that a more proactive training course should be included in order to address the issue of harassment, particularly sexual harassment, within the RCMP. The Conservatives refused to take this approach.

I read Bill C-42, and I noticed that the word “harassment” does not even appear in it.

We had also hoped that a clear policy on harassment within the RCMP would be adopted that would contain specific standards of conduct and criteria for assessing the performance of all employees. Such a policy would serve as a basis for a fair disciplinary process.

In short, the bill does not go far enough and does not address the concerns of the women working for the RCMP, who are calling for immediate action in order to create a safer and more open work environment.

What is more, the bill was introduced before the findings of the internal audit on gender equality within the RCMP were submitted.

In our opinion, it is essential that the RCMP be subject to civilian oversight. However, the new civilian complaints commission introduced in Bill C-42 has the same problem as the RCMP Public Complaints Commission because it would report to the Minister of Public Safety, rather than to the Canadian public through Parliament.

Furthermore, it is important to note that the new commission would not be completely free to undertake investigations and would not have any binding authority. The new commission will not have the power to investigate accidents resulting in serious bodily harm or death. These investigations will mainly be assigned to municipal or provincial police forces or will continue to be carried out by the RCMP itself.

In conclusion, the Conservative government will not subject the RCMP to an independent investigative body that would report directly to Parliament. Until the Conservatives implement a strong mechanism for eliminating harassment, I cannot believe that the government is committed to modernizing the RCMP.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 10:45 a.m.


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NDP

Tarik Brahmi NDP Saint-Jean, QC

Mr. Speaker, I listened very carefully to the speech given by my hon. colleague.

She talked about the fact that the Conservatives systematically ignore the recommendations made in committee. This is true not only within the Standing Committee on Public Safety and National Security, but also within all other committees. That is what my NDP colleagues have said.

Consider the example of some shocking testimony heard during committee study of Bill C-42. Mr. Creasser, a member of the Mounted Police Professional Association of Canada, had this to say:

Bill C-42, rather than mitigating these issues, will only make them exponentially worse.

...

If Bill C-42 is passed in its current form,...our Parliament would be promoting the bad behaviour....

Does my colleague have any explanation for the Conservative Party's failure to take action, even after hearing such compelling testimony from witnesses?

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 10:50 a.m.


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NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, as my colleague pointed out, this is a problem within all parliamentary committees.

Under this majority government, virtually no amendments are ever accepted at committee, which seriously undermines our democracy, of course, as well as civil society's ability to influence the legislative process.

Regarding Bill C-42, the NDP proposed 18 amendments, the Liberals proposed none and the Conservatives proposed 23. If I am not mistaken, no amendments were adopted at committee stage. The Conservatives opposed every amendment proposed by the NDP without any debate. These amendments were often initiated by witnesses from civil society or experts who appeared before the parliamentary committee.

We see this as a very serious problem and believe that it undermines the democratic process.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 10:50 a.m.


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NDP

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

Mr. Speaker, I would like to thank my colleague from Rivière-des-Mille-Îles for her very enlightening presentation.

One of the amendments our party suggested dealt specifically with the independence of the complaints process in an organization such as the RCMP. The public should never have to doubt such an organization's credibility. That recommendation came not only from our party, but also from a few witnesses who appeared before the committee.

Could our colleague elaborate further on this?

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 10:50 a.m.


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NDP

Laurin Liu NDP Rivière-des-Mille-Îles, QC

Mr. Speaker, the NDP believes that we need to address the problem of harassment in the RCMP.

That is why we suggested integrating mandatory harassment training for all RCMP members into the RCMP Act. We know that there are serious problems in the organization, and that women working in the RCMP have made many sacrifices. As parliamentarians, we must work together to create a safe and healthy workplace, where they can work safely.

Sadly, the Conservative government rejected our amendments with no explanations. The government needs to explain why it does not want to find solutions to the harassment issue.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 10:50 a.m.


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NDP

Glenn Thibeault NDP Sudbury, ON

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

To begin, I think it is important to note that New Democrats supported the intentions of Bill C-42 to modernize the RCMP and address issues such as sexual harassment and post-traumatic stress disorder in the force, and we voted for the bill to be sent to committee at second reading. However, at the committee stage, it became apparent, after hearing expert witness testimony, that in its current state Bill C-42 remains deeply flawed and will not meet the laudable objectives that New Democrats support in principle, namely to resolve the long-standing issues related to the oversight of the RCMP.

Canadians' confidence in the RCMP has been tested over the past few years as the RCMP has struggled with numerous public scandals. Whether it is the multiple cases of sexual harassment, which have become part of the public discourse surrounding Canada's Mounties, or other issues related to the lack of disciplinary oversight that the force has over its members, Canadians are universal in their support for the need to modernize the oversight provisions that the Commissioner of the RCMP has at his or her disposal.

Bill C-42 purports to streamline the current burdensome process of dealing with conduct and workplace problems, including abuse of authority, intimidation and harassment, by giving the commissioner final authority in deciding what sanctions to impose.

Currently RCMP managers faced with harassment issues have two different processes they must follow. One under Treasury Board policy and one under the RCMP Act. These processes do not always align, which often leads to confusion about rights, responsibilities and available approaches. Under Bill C-42, the commissioner would be granted the authority to establish a single comprehensive system for investigating and resolving harassment concerns.

While Bill C-42 does give more power to the commissioner over discipline and the power to establish a more effective process for dealing with harassment complaints, it remains unclear whether legislation alone can provide the RCMP with the overall culture change that is needed to respond specifically to allegations of widespread sexual harassment. In fact, Commissioner Paulson has publicly stated as much, noting that legislation alone is not enough to keep public trust in the RCMP.

To emphasize the point that legislation alone will not lead to the transformative changes that are truly required to reform the ongoing systemic sexual harassment at the RCMP, I would point to a recent study on sexual harassment within the RCMP in British Columbia, which indicates that problems are significantly under-reported because members are too afraid of reprisal to come forward.

From my perspective, Bill C-42 will not lead to the necessary culture change needed to destigmatize the issue of sexual harassment and ensure that victims of such harassment feel comfortable bringing their issues forward. Simply, 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 in the force. The word “harassment” still does not appear in Bill C-42 despite NDP attempts to do so.

While the bill has been introduced without the benefit of the findings of the internal general audit of the RCMP ordered by the commissioner, which is currently under way but sadly not yet completed, and while failing to specifically address these obvious concerns, the Conservatives are undertaking an approach that does not make women in the RCMP a priority. That is just wrong, particularly given the ongoing systemic instances of sexual harassment, which are being actively observed on an ongoing basis.

Even more worrisome than neglecting to reference and define harassment in the legislation is the failure to create an oversight body with any teeth, since primary investigations into incidents of death or serious bodily harm would largely be contracted out to provincial or municipal police forces, even though some have no civilian investigation body, or they would still conducted by the RCMP.

Surely if the government was serious about modernizing the RCMP, it would take the next steps and allow binding recommendations from oversight bodies and a full civilian investigation of the RCMP through a truly independent watchdog agency that would report directly to Parliament.

The NDP tried to amend the bill, based on witness testimony, to address these issues, but the Conservatives refused to directly address the issue of sexual harassment and did little to actually modernize the RCMP as it is still hierarchical in nature with no independent civilian oversight. Although this is an approach that the Conservatives have favoured for other areas of public policy, ensuring that complaints are addressed by an impartial third party should be at the heart of any attempt to modernize the complaint procedures for Canada's national police service.

The NDP believes that we can go further to ensure that there is a clear anti-harassment policy in the RCMP, one which would contain specific standards for behaviour and specific criteria for evaluating the performance of all such employees. Such a policy is needed to serve as a basis for a fair discipline process.

I conclude by highlighting the fact that New Democrats made a genuine effort to improve the legislation before us during the committee stage. However, these attempts were rebuffed at every step of the process. New Democrats introduced 18 amendments at committee all designed to ensure heightened transparency to address the specific issues I have mentioned, namely the issue of sexual harassment and the lack of an effective oversight mechanism.

Specifically, NDP members on the public safety committee proposed the following: adding mandatory harassment training for RCMP members specifically to the RCMP Act; ensuring a fully independent civilian review body to investigate complaints against the RCMP; adding a provision to create a national civilian investigative body that would avoid police investigating police, which was ruled inadmissible for some reason; and creating a more balanced human resource policy by removing some of the more stringent powers proposed for the RCMP commissioner and by strengthening the external review committee in cases involving possible dismissal from the force.

However, as has become standard operating procedure, the government side once again took an unreasonable approach to the NDP's proposals, rejecting all 18 amendments, even though they were supported by witness testimony and were a genuine attempt to improve the legislation before us.

New Democrats recognize the deficiency in the approach taken by the Conservative government and its outright rejection of our practical proposals to improve the legislation. We will therefore be unable to support the legislation at this time in the way that it is being presented.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 11 a.m.


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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I would like to thank the hon. member for Sudbury for his great comments and his overview of the bill and why those of us in the NDP have so many problems and concerns about it. We did work very hard at committee, as the member outlined, to bring improvements to the bill and to be very constructive. Unfortunately, they were turned down.

One of the issues that concerns me is that we brought forward amendments to ensure that there would be a fully independent civilian review body to investigate complaints. To me, this is a core issue for the public interest. We do know of very serious situations where people have had complaints about the RCMP but there was no independent civilian review body.

I wonder if the member would comment in terms of the importance of having an independent civilian review body to investigate complaints.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 11 a.m.


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NDP

Glenn Thibeault NDP Sudbury, ON

Mr. Speaker, I would like to thank my colleague for Vancouver East for the question because it truly is something that is very important and that we wanted to see addressed in the bill.

Ending the practice of police investigating police needs to be a priority. If we think about what we have seen in other instances, in other legislation, the Conservatives have allowed for independent civilian investigative bodies. However, for some reason, they are not allowing that to move forward in this legislation.

There are many things on which we would ask why the Conservatives are doing this. Why are they not allowing a civilian body to be the oversight of the RCMP, when it is done in many other instances?

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 11:05 a.m.


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Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I asked questions on this earlier, and as I said in my own remarks yesterday, I have concerns about the balance of power given to the Commissioner of the RCMP. I have been there as solicitor general, so I am well aware of that position.

I am even more concerned about what I have heard in this discussion about amendments proposed at committee, and I am not a member of the committee, all being rejected out of hand by the government. This is happening in committee after committee. I really think we need a serious discussion, not just on this legislation but on all of it, about the way this place is working.

Today, in the Winnipeg Free Press, there is a story that states that the Auditor General's information was actually edited out of the final version of a parliamentary investigation on the F-35s. That is a serious issue. Evidence is evidence. Just because government members do not like the evidence, they should not be able to edit it out. That did not happen in this place years ago. I think it is becoming the custom around here for the department and the PMO to be running what Conservative members are allowed to do in committee.

The rules are that parliamentary reports, committee reports, are not supposed to be seen by a minister. They are not supposed to be seen by the PMO. Those are the rules.

Conservative members have been run by ministries and the PMO. That is affecting how this place is working. It is affecting why amendments are not even really being discussed. They are being rejected out of hand. That is a damper on our democracy.

I wonder if the member has anything to say.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 11:05 a.m.


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NDP

Glenn Thibeault NDP Sudbury, ON

Mr. Speaker, of course, we have seen, in committee after committee, amendments proposed to try to make the legislation better for all Canadians.

We all understand when there is a “what”. We know what the issue is. We all know that the “how” is what we do differently in the House.

We are coming up with some good amendments. Let me tell members some of the amendments that were rejected at this committee: adding mandatory harassment training for RCMP members, specifically, to the RCMP Act; ensuring a fully independent civilian review body to investigate complaints against the RCMP; adding a provision to create a national civilian investigative body that would avoid police investigating police. This was deemed inadmissible.

I could go on, Mr. Speaker, about the importance of these, but I know that I do not have much time.

More than 200 women have come forward on the class action lawsuit on sexual harassment in the RCMP. How would the bill address that? It would not. Those amendments would have.

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February 12th, 2013 / 11:05 a.m.


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Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, I am pleased to rise again to speak to the bill. By way of preamble, I would like to concur with both the NDP member and my hon. colleague from Malpeque. It is important that the government begin to change its attitude in committees, because we are seeing this more and more. We are seeing it at the public safety committee. A bill comes to the committee for study, and all members approach it with good will. Some members propose amendments, yet the government seems not to be open to any kind of amendment. It is true that some are ruled out of order, and that is really a technical issue, but on other issues, the government members of the committee are united in closing down the possibility of amendment.

I would like to turn to the broader issue of the RCMP, the RCMP culture, and the demands on the RCMP.

Presently, at the public safety committee, we are doing a study of policing in Canada. We have had members of the RCMP appear before us on a couple of occasions. What is becoming abundantly clear is that policing in Canada, including within the RCMP, is becoming increasingly complex. That means having complex organizations, and I am sure that in some cases, it may mean increased bureaucratization. Within this context, it is very important that organizations do not become so complex that they are unmanageable and that the person responsible for leading the organization finds his or her hands tied at every turn.

The purpose of the bill is to provide some leeway to the commissioner to exercise some leadership. I would like to refer to the committee's current study on policing costs and policing in general. I would like to share with the House the fact that in England, some major reforms of policing have been undertaken. To counter the inevitable inertia that takes hold in any kind of organization over time, police crime commissioners in different regions have been appointed and have been given new powers to make appointments and so on to appoint the local police commissioner and so on.

There seems to be a shared understanding across the Atlantic that there is a need to make policing structures more efficient. In that regard, I would like to quote Dr. Alok Mukherjee, president of the Canadian Association of Police Boards. When he came to the committee, he said the following about a Federation of Canadian Municipalities 2009 report on RCMP municipal contract policing: “A number of characteristics are generally accepted as essential to good governance; these include being accountable”, of course, and that is what this bill is hoping to achieve, “transparent, responsive, effective and efficient”—I would like to emphasize the word “efficient”—“equitable and inclusive”.

Efficiency is a concern, and that concern was echoed by Dr. Alok Mukherjee, President of the Canadian Association of Police Boards. Again, to quote Dr. Mukherjee when he appeared before the committee: “We”, meaning the Canadian Association of Police Boards, “believe that Bill C-42 is a good step forward in enhancing accountability, modernizing the force's human resources practices, and strengthening civilian oversight”.

It is not me saying that the bill strengthens civilian oversight. It is Dr. Alok Mukherjee, who is an extremely well-respected individual. He mentions further in his testimony: “The current oversight mechanism, the CPC”, which stands for the Commission for Public Complaints, “as has been noted by several witnesses appearing before you, is woefully inadequate. I believe that the provisions in Bill-C-42 will go a long way in filling this gap”.

He continues that “We are heartened by the fact that the proposed CRCC”, which stands for the civilian review and complaints commission that is being instituted by Bill C-42, “will have the power to undertake reviews of the RCMP's policies and procedures, have access to more documents than is the case at present, be able to compel evidence”, which is an important improvement to the current process, “and deal more expeditiously with public complaints”.

The bill does bring some improvements. I do not think it is correct to say that nothing good will come of the bill. Maybe it is not perfect. As I say, maybe the government should have been more open with respect to the amendments presented at committee. However, respected individuals, such as Dr. Alok Mukherjee, have admitted that the bill is an important improvement.

The new commission, the CRCC, which is replacing the Commission for Public Complaints Against the RCMP, would be given the power to summon witnesses, to compel them to produce documents or exhibits, in the same manner and to the same extent as a superior court of record, to examine any records and to make inquiries it considers necessary. These are important new powers.

Elsewhere I have read that if there is a disagreement between the commission and the commissioner about what kinds of documents should be released, essentially it is the commission that would rule. This is an important principle.

What is also important is that if the new bill is to be effective, resources will have to be provided to the new civilian review and complaints commission. The problem of resources has been an endemic one for many years. In fact, in 1997, the Auditor General did a review of the Commission for Public Complaints Against the RCMP and found that the process was quite slow. The report states at paragraph 34.3:

The Commission's handling of complaint reviews and public hearings is slow. It needs to improve the way it works by streamlining the review process and providing appropriate training to Commission members who are responsible for conducting public hearings.

That takes resources.

Paragraph 34.4 of the Auditor General's report from 1997 states, “The Commission also needs to improve its performance measures”.

Bill C-42 attempts to bring in standards of service. In other words, it really wants to introduce some accountability and set some time limits on the review process. It is very important that the commissioner be able to exercise some leadership, because at the end of the day, it is leadership that creates cultural change within an organization. To confirm that we just have to look at Canadian Pacific, which has brought in a new president, Hunter Harrison, who is changing the corporate culture. He is obviously a strong-willed individual with vision who is bringing about change. It is not committees that bring about that kind of change at that point.

On behalf of our caucus, I feel that the bill is worth supporting. It is not perfect, and there are some concerns, some of which were raised at committee. Again, I concur with my colleagues and the NDP that the government should be much more open to accepting amendments and perhaps to even amending amendments. It should exhibit a spirit of openness toward the opposition and understand that no one in the House has a monopoly on good ideas or insight. It is by listening to each other that we will have better legislation.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 11:15 a.m.


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Portage—Lisgar Manitoba

Conservative

Candice Bergen ConservativeParliamentary Secretary to the Minister of Public Safety

Mr. Speaker, I thank my colleague for his comments as well as his contribution at committee. We really do work very well, and although we disagree many times, we get a lot accomplished.

The member was talking about the NDP amendments, but as I recall, one of the challenges with them was that they came in very late. We had to work to get them in, which can sometimes be a problem to do at committee. If we have an idea beforehand what the amendments are, it gives us greater ability to see what we have in common and where we can work together. Without that, practically speaking, it can become a problem. Furthermore, some of the New Democrats' amendments were ruled out of order. Again, that just goes to experience on the part of their committee members, who do an excellent job on behalf of their party. However, amendments need to be brought forward in a timely way and be deemed in order. It really is not the Conservatives' fault when the New Democrats do not have the organization in place to do that.

I noticed that the Liberals did not put any amendments forward at committee stage and have clearly indicated that they will be supporting this legislation. Would my hon. colleague encourage the NDP in that same spirit to support the legislation because of the good work it will do? It may not be perfect, but it goes much further than doing nothing at all.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 11:15 a.m.


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Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, yes, I would encourage the NDP to support this legislation. Indeed, the legislation is not perfect, but as some eminent individuals have said, including Dr. Mukherjee, it is a major step forward. If we do not move on this issue, it is only going to fester and get worse and it is only going to slow the pace of cultural change within the organization. Therefore, it is important to get moving on this.

No doubt there will be issues in the future and we know that the RCMP commissioner in particular operates in a media fishbowl. It is not a secretive organization; if things are not going well, the press and the House will be right on his heels. He or she, whoever the next commissioner will be, will have some explaining to do and might have to give in to some suggestions for more change.

That said, we have to get going on this; we have to get started.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

February 12th, 2013 / 11:20 a.m.


See context

NDP

Lysane Blanchette-Lamothe NDP Pierrefonds—Dollard, QC

Mr. Speaker, there is something I do not understand.

The Conservatives acknowledge that this bill is not perfect. The Liberals just acknowledged that this bill is not perfect.

The problems within the RCMP came up five or ten years ago.

Why do we not take a few more weeks to come up with a better bill? Everyone agrees that this bill could be improved, so why do we not do it?

That is why the NDP cannot support this bill. As it stands, it misses the mark. Let us fix it once and for all. Let us create a better bill that at least meets the expectations of the Conservative Party and the Liberal Party. I would like to hear what my colleague has to say about that.