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 18th, 2012 / 12:35 p.m.


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NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Mr. Speaker, it is important to note that with a long-standing institution like the RCMP that has not had a lot of change, relatively speaking, in the course of its history, when it comes to reform it is always a big shock. It is a big shock to most of us in Canada and certainly within the RCMP.

The process is on its way but it is important that these reforms not be a one-time shot. It is important to ensure in this bill that there are ongoing reforms. This organization, like any other organization, is a living organism that continually changes. With some of the issues that we have been dealing with in the last few years with the RCMP, it is quite clear that this organization has been slow to change. With Bill C-42, we need to ensure that the mechanism exists to ensure that reform can happen on the basis that it is needed over the next 20, 30, 40 or 50 years so we do not have to revisit this and it can act as a body the way Canadians expect it to act.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 18th, 2012 / 12:35 p.m.


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NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, I am pleased to have an opportunity today to speak at second reading of Bill C-42. It is called An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts, but the government has chosen to call it by its short title, the enhancing Royal Canadian Mounted Police accountability act. The government is fond of naming these bills in some sort of public relations move. This is intended to cover everything that is included in the act but also to respond to public concerns.

It is fair to say that the Royal Canadian Mounted Police was an institution that, up until recent years, had a great deal of respect among Canadians, whether they be members of the policing field or members of the general public who looked to the RCMP as the embodiment of a system of justice that had high standards of professionalism and respect from the public and from other police officers.

I started practising law in 1980 and in my early days the RCMP was known by other police forces as the senior police force in Canada. The police forces in my jurisdiction and others would look to the RCMP in terms of standards, whether they be of training, establishment of procedures and investigative procedures or standards of ethics and conduct, and this went on for many years.

I am only saying what many others have said before me, including members of the RCMP, many of whom I have spoken to over the last few years. There is a great deal of concern about the institution itself and about its ability to ensure the level of trust and respect that a police force demands. Others have rightly spoken about the high regard in which the RCMP is held throughout the world in terms of its effectiveness, its investigative ability and the forensic and technical expertise it has and lends to other forces throughout the world. In terms of training in other nations under various international agreements and United Nations efforts, we have made a significant contribution through the RCMP.

However, we have seen, at sometimes very senior levels of the RCMP, a failing that needs to be corrected. The most recent controversy has been about complaints of sexual harassment and, more importantly I suppose, the failure to adequately respond to the question of sexual harassment. Although we do have incidents of sexual harassment, as the report published today pointed out based on a survey of 426 members of the RCMP in British Columbia, the majority of respondents did not feel that the harassment was rampant inside the force. However, they expressed frustration at the handling of existing cases and the high number of unreported cases.

That is not saying it is rampant throughout the force, so we are not condemning the RCMP when we talk about the existence of sexual harassment cases. However, we are condemning the institution both for failing to respond properly to those incidents that have been reported and for failing to provide an atmosphere in which reporting can take place and—because primarily we are talking 99% of the time about women who are subject to such sexual harassment—in which they actually have a safe place to bring forth their complaints knowing it is the complaint that will be dealt with and not them.

That is important. It is important that the public have a clear understanding, belief, trust and faith in our senior police force representing the nation in symbolic ways, whether it be on our coins or through the musical ride. The RCMP is well known as a symbol of Canada and of respect. Even the ancient comment, which I suppose is praise, that the RCMP is the force that always gets its man or woman as the case may be, is emblematic of the esteem in which this organization is held in the popular culture of Canada. However it has to be fixed.

The question here is whether or not Bill C-42 is that fix. We know that the RCMP and the authorities within the RCMP need to be able to deal with bad behaviour. We know we need to have effective civilian oversight, and this has been commented on in various speeches here for many years. We also need a fair grievance procedure, one that ensures that grievances, whether they be about sexual harassment, pay and benefits or the conduct of some officer towards an individual, are dealt with fairly and in a timely manner. These are things that have to be done.

In this atmosphere, where we are talking about one of the principal recent reasons—the issue of sexual harassment—for the public outcry for accountability of RCMP officers and the force itself, what I find surprising is that in this bill we do not have a standard or even a statement with regard to sexual harassment and the unacceptability of it in an organization and in employment relationships. It may be a matter of policy in some organizations. In an institution of this nature, which is regarded as quasi-militaristic and has a hierarchy of authority where officers are expected to listen to and obey the commands of senior officers, more particularly there is a need to ensure that officers who have authority over others are prohibited and exhorted in a specific way not to abuse that authority, especially when it comes to the serious issue of sexual harassment.

Today's news, as mentioned by the previous speaker, is of the release of a survey done five or six months ago, interviewing a fairly large number of British Columbia members of the RCMP, and an internal report that found 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 find fault with.

The opinion was also expressed that the RCMP is known for moving the complainant rather than dealing with the problem. In that context, I have to challenge the minister's statement in his speech yesterday that all we need to do is give the front-line managers power to make decisions, in fact, give them more power to deal with circumstances in situations.

We are supporting the bill at second reading and our public safety critic, the member for Esquimalt—Juan de Fuca, spoke very eloquently yesterday on it. We are supporting it because we do know there is a need to fix some of the problems in the RCMP and provide for a greater accountability and an ability to deal with these problems. However, we want to ensure we do not see merely a pendulum swinging one way and then the other, giving more authority and power to those at the top without ensuring that the job that needs to be done gets done. This is what I see and fear about this legislation.

We need timelines to deal with grievances. We need timelines to deal with situations. We need standards, particularly around conduct and behaviour. In that respect, a code of conduct is a good thing. However, we also have to make sure there would be due process.

I have a worry that the checks and balances are not there when I see a grievance procedure that gives the commissioner final and binding decision-making authority that he can delegate to somebody else, who in turn can delegate it to somebody else below him or her. It would be a final and binding decision without any reference to third parties, civilians outside or standards that may exist in other elements of public life.

This is a concern that has been raised within the military where there are similar circumstances. The grievance boards do not have sufficient outside involvement and it is all done within the context of the military circumstances, just as with this bill, where there would be an internal grievance procedure that would not have the checks and balances we would want.

Many of the matters that are dealt with are not specifically policing matters but rather of compensation, fair treatment or whether a dinner allowance was properly awarded. Yes, these things should be dealt with quickly, but with fairness and not arbitrarily.

We need due process in terms of grievances and conduct that may result in dismissal without powers arbitrarily set with the commissioner. The proposed legislation would give the commissioner the absolute right to appoint or discharge members, but it could be subject to a conduct board, which is probably a good thing.

If we are going to have a code of conduct, we have to have someone able to interpret and apply it. However, from my opportunity to peruse it, it is not clear in this proposed legislation who would actually do that or who the members on the conduct board would be. This is something that the committee would look closely at. We would like to see a code of conduct that specifically prohibits and explains what sexual harassment is, for example.

We do have codes of conduct with respect to the use of force. Clearly, the conduct of the RCMP and policing communities in the use of force in certain circumstances is another issue that has brought about concerns from many people. We had the Dziekanski investigation and hearing in British Columbia and there are other instances throughout the country that question the behaviour of RCMP members and police officers on other forces. It is not an exclusive issue to the RCMP, but behaviour, standards and conduct are brought into question and challenged.

These are the subject of lawsuits in some cases, and inquiries and other investigations. There has to be a proper code of conduct for that. There has to be a disciplinary procedure when it is necessary to impose discipline. There has to be due process to ensure that officers themselves are protected when they find themselves accused of certain breaches of conduct. It has to be fair. I believe the word used yesterday by my colleague from Esquimalt—Juan de Fuca was “balance”. There has to be a balance struck that does not simply let the pendulum swing one way because there is a perception that there is insufficient authority being exercised.

I want to talk about something else that others have mentioned, namely that legislation alone is not going to change the culture within the RCMP. It has to come from leadership and education. It perhaps also has to come by involving people from outside the force, that is by having them come in to help in solving some of these problems. The RCMP internally has been aware of these problems; they are not new. There has been report after report expressing concerns about the structure of the RCMP and the problems there, yet we do not see solutions. They are not all going to come from the top. The leadership has to come from the top but other people can be brought in to solve the problems.

This is an internal report that was commissioned after Commissioner Paulson was appointed. The commissioner himself has vowed to root out so-called dark hearted behaviour in the RCMP. Rooting things out is one thing, but changing the culture is another. It is a little harder job. It is not simply a matter of passing legislation. It is a matter of replacing the culture with a new culture based on respect: respect for each other, respect for women, respect for citizens and respect for the fact that police officers are given significant authority to use force in keeping the peace. That is something that has to be used with great care. It is a big responsibility that we give to police officers. From those to whom that responsibility is given, much is expected.

What is interesting in the response to the internal report, a pretty damning report referred to in today's Globe and Mail, is that the majority of the respondents in the report said they had no faith in the current reporting process. That is why we have unreported cases of sexual harassment and other forms of harassment. That is a fairly damning conclusion by individual members of the RCMP in this internal report. This results in severe morale problems and also a lack of faith in senior officers and the structure itself.

One response by Deputy Commissioner Callens, who is the commanding officer of the B.C. RCMP, was to send more than a hundred officers for training to ensure greater timeliness and follow-up to complaint investigations. Indeed, this is what the RCMP said in a statement. Well, follow-up and timeliness is one thing, but there are also other aspects to this whole notion of how does sexual harassment exist in the first place. Why is it tolerated? Is there a culture of toleration? Is there something more deep seated that has to be dealt with outside of legislation but internally within the RCMP? It is a big job and they may need outside help to do that.

Therefore, I realize this is a big task and that the legislature cannot fix everything by legislation. Nonetheless, the legislation itself is a step in the right direction. We support the notion of having more authority to deal with problems and having things dealt with in a more timely fashion.

We are concerned about some of the measures here. There need to be a lot of changes in the bill before it will be acceptable to the official opposition. We will work assiduously in committee to help make that happen.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 18th, 2012 / 12:55 p.m.


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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, I want to pick up on the last few minutes of the thoughtful speech by the hon. member, particularly the softer elements of the speech and the cultural issues around the RCMP.

Reading the report in the Globe and Mail quoted by the member, it is pretty obvious that any reporting of a sexual harassment issue by any female RCMP officer is a career killer. That is a well-entrenched view.

My colleague and I shared defence critic responsibilities a few months ago. He will know that the ombudsman has reported on the issue of the mental health of soldiers. One of the issues he and I talked about was stigmatization, which I want to relate to this particular issue, in this case the stigmatization of those who report and the impact it has on their career.

I wonder whether the hon. member has any thoughts or contributions to make with respect to what is essentially an inherent conflict between the person who might report and the person who might be in a position of authority to receive a report. What would the member like to see in the legislation to handle those kinds of almost structural conflicts?

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 18th, 2012 / 1 p.m.


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NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, regarding the comment by the member for Scarborough—Guildwood, I think it is very difficult.

I will talk about one thing I came across early in my career as a lawyer back in the eighties, the whole issue of domestic violence and how it was handled by police officers. It was a live issue.

In our jurisdiction, the police, in a rather enlightened way, invited members of the women's shelter and the women's movement to talk to police officers about domestic violence and how it worked.

Up until then it was very common for police to ignore violence against women, seeing it simply as a domestic matter that they would not interfere with. It took almost an education process by people outside of the police force, because the police culture had been such that the police would not get involved with domestic matters. It was seen as something they did not deal with. Even though it was assault or assault causing bodily harm, or intimidation, unlawful confinement and all kinds of other crimes, they did not deal with it. It took a long time to address that, with the assistance of the women's movement talking about what all of that meant.

From the reports we read and at least from what we see as the tip of the iceberg, it seems that within the RCMP there is almost a lack of understanding about what sexual harassment is, why it is wrong, and why it cannot be engaged in and why the culture has to change.

Maybe they have to bring in someone else from outside to help with that process. Maybe they have to have a separate process. If we are to go through a process of dealing with sexual harassment, instead of going directly up the line, maybe there should be another body dealing with that, one that has more understanding of what happens and is able to find a way, not just through discipline but also through—

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 18th, 2012 / 1 p.m.


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The Acting Speaker Bruce Stanton

Order, please. I would remind hon. members to watch the chair from time to time. I realize that members want to address other members in the chamber, which is perfectly acceptable, but they should watch the chair on occasion so that the chair can indicate how the time is going.

Questions and comments. The hon. member for Esquimalt—Juan de Fuca.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 18th, 2012 / 1 p.m.


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NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr. Speaker, I, too, have benefited from the very thoughtful speech by my colleague from St. John's East on this topic.

I wonder if he has any reflections on the amount of time it has taken the government, which has been in power since 2006, to act on these issues, which we have all known exist in the RCMP.

Even after appointing its own task force, which tabled a report in 2007 called “Rebuilding the Trust”, here we are five years later and the government has brought in legislation that the minister himself admits has errors in its translation and text and appears to have been hurried at this point.

Does the member have any reflections on why it has taken the government so long to address these issues?

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 18th, 2012 / 1 p.m.


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NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, why does it take the government so long? I do not know how serious it is. There have been issues with the RCMP and the government seems to be well aware of them, but it is not prepared to take them head on. The government seems to be so bent on one idea of law and order and being tough on criminals that it is not moving fast enough to make sure the system is working right.

The fact that the bill is not really ready for prime time is clear evidence of that. The fact that the RCMP complaints commissioner, who was trying to be effective, was not reappointed, and that the government did not deal effectively with the recommendations of the O'Connor commission and others calling for a purely independent external review body with teeth all point to the fact that the government is not really serious. We are going to have to work hard to change that. Whether we will be successful or not, frankly I am not sure.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 18th, 2012 / 1 p.m.


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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, I just want to pick up on the member's response to my earlier question, which I thought was a good analogy between the cultural change in the way police handled complaints about what was then called “wife beating” and now, at a time when this insight has not been translated into how the RCMP handles its own internal issues.

I wonder whether the hon. member could expand his thoughts on what we used to call in law Chinese walls, the ways in which matters that would have been inherently in internal conflict in a law firm would be handled so that the resolution of the dispute would not negatively impact on a career, relationships, and on a whole range of things that probably are beyond our understanding, and whether this bill could be shaped in that way. Will the member be making inquiries at committee on how the larger cultural context would be changed?

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

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


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NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, the member is on the right track. We can prohibit reprisals, but to make that effective is a different matter. As I am not a member of the committee, I would urge committee members to seek advice on that from people who know about these things. The legislation does not adequately address it right now. The mere fact of what it prohibits shows the many ways in which someone who complains might encounter reprisals of one form or another.

Again, perhaps there has to be someone very senior in the force who should be designated to be proactive on this, someone whose job would be to make sure that a complainant were not treated negatively as a result of a complaint. Having a specific officer or a specific division in charge of that might be one way.

As for Chinese walls, we cannot get around the fact that it is known that someone complained. Therefore, someone may need to have proactive role of taking on that responsibility. I would look to advice from experts perhaps to tell us how that could be done.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

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


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NDP

Megan Leslie NDP Halifax, NS

Mr. Speaker, I listened to my colleague's speech and heard his ideas about why we should support the bill at second reading and the other things that we should consider at committee when looking at this legislation.

It is important to listen, to debate, to exchange ideas. Here I note the utterly absent contribution to this debate by the Conservatives. We have heard from Liberals and New Democrats, but there have been no speeches, no questions by the Conservatives. There is absolute silence on this issue.

I wonder if my colleague has a comment to make about the failure to engage in real debate on this issue in the House.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

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


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NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, I could just shrug and say I do not know, but I have my suspicions that the Conservatives do not really want to express their thoughts and views on this subject, even though it demands and requires a good, vigorous public debate because this is something that has to be fixed. Do we want to help fix the RCMP? Yes we do. Is this the way we want to do it? We have other ideas. We think there are better ways. Why are we not hearing from Conservative members? Maybe it is because they are not really serious about trying to find the best way to fix this.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

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.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 18th, 2012 / 1:25 p.m.


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Saint Boniface Manitoba

Conservative

Shelly Glover ConservativeParliamentary Secretary to the Minister of Finance

Mr. Speaker, I thank my colleague across the way for making a somewhat pleasant speech about certain things that our officers do across the country.

However, I would like to note that there are 13 police officers on this side of not only the House but in the Senate. The Conservatives have 13 police officers who now sit among all parliamentarians and who have worked very hard on this legislation. The fact that we do not stand to debate is not disrespectful. We have made our point very clearly through the legislation, legislation that the NDP has, quite frankly, said that it will support. We do not just stand to hear ourselves speak. We stand when we are going to actually dispute something that is said. The NDP have been fairly clear that it supports the legislation that has been put forward and that there will be some tweaking.

I am standing because what was said by my colleague when she addressed the ministerial powers that she claims are being put in this bill is not true. In fact, there are no new powers. I would like the member to cite the clauses within the bill that give those powers, because this bill gives power to the commissioner. It gives powers to civilian oversight. It gives the tools that police officers have asked for.

I would like the member to cite exactly where this bill provides the minister with more powers. The clause would be great. Again, I thank her for suggesting that the RCMP do a good job. We believe that as well. It is unfortunate the NDP has no police officers on their side. However, on our side, we have RCMP and municipal police officers and we support everything that our members do as they fight for our safety and security.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 18th, 2012 / 1:30 p.m.


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NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, I was pleased to see many of my colleagues across the way actually stand to ask me a question. That sort of encouraged me that maybe we are here to debate something.

The purpose of having legislation at second reading in this House is for us to debate. If it were just for us to say yea or nay, it would be different. I think the opposition has been very clear that what we are planning to do is not just tweak this legislation at the committee stage. We have some major amendments and some very serious concerns that we will be addressing at the committee stage.

We take that work that we will be doing, going through clause by clause and making our amendments, very seriously. I do not want to leave this House with the idea that we support this bill as it is. I was very clear, as were other speakers, that we are supporting this bill at second reading for the purpose of it going to committee where we will have some serious amendments to address the shortfalls.

Enhancing Royal Canadian Mounted Police Accountability ActGovernment Orders

September 18th, 2012 / 1:30 p.m.


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Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I congratulate the member for Newton—North Delta on her remarks and especially that she was able to touch a nerve on the other side and actually get them on their feet in this House. That is quite something. They must have gotten their orders at caucus yesterday not to say anything in debate in the House to try to speed this through.

My question for the member is on what the member for Saint Boniface said. She said that the bill would give power to the commissioner of the RCMP, and that is true. However, having been there, I believe one of the problems with the RCMP is that there is too much power in that office. When it comes to the complaints commission, for complaints against the RCMP and the new civilian body that would be put forward in this bill, although there is talk about accountability in the bill, to date we have not seen that from the government in anything it has done.

I am just wondering what the member thinks about having the new civilian agency really no different than the previous commission for public complaints against the RCMP and the fact that all the power still rests with the commissioner of the RCMP.