Bill C-42 (Historical)

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 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.

Enhancing Royal Canadian Mounted Police Accountability Act

[Claude Gravelle, NDP, Nickel Belt, ON]

Mr. Speaker, contrary to what the member for Saint Boniface just said, witness after witness agreed with our amendments, except of course for the Conservative members.

[Shelly Glover, Conservative, Saint Boniface, MB]

Name them.

[Claude Gravelle, NDP, Nickel Belt, ON]

Mr. Speaker, will the member for Saint Boniface let me speak?

[The Acting Speaker, Barry Devolin]

Order, please. I would ask all hon. members to cede to whoever has the floor. I would also ask the member for Nickel Belt to move to his question quickly.

[Claude Gravelle, NDP, Nickel Belt, ON]

Mr. Speaker, I would gladly move to the question, if the Conservatives would only listen.

Expert after expert said that our amendments were good amendments, except for the Conservatives. Could the member tell me why the Conservatives are against the good amendments supported by witnesses?

[Paulina Ayala, NDP, Honoré-Mercier, QC]

Mr. Speaker, unfortunately for my colleague, it is up to the Conservatives to answer that question and to explain why they did not accept these recommendations when they claim to be working for the well-being of people, when they say they want to improve working conditions and to prevent harassment. I cannot answer for them.

[Tarik Brahmi, NDP, Saint-Jean, QC]

Mr. Speaker, I will begin my speech by responding to the Parliamentary Secretary to the Minister of Finance. She has asked for examples of witnesses who appeared before the Standing Committee on Public Safety and National Security and contradicted her remarks.

One of those witnesses was Mr. Rob Creasser, from the Professional Association of the Canadian Mounted Police, who spoke to us about the imbalance of power in the organization: “Bill C-42, rather than mitigating these issues, will only make them exponentially worse”.

I do not know what made the parliamentary secretary say that no witnesses contradicted the government. Even though Mr. Creasser does not have a doctorate in mathematics, I think that he knows what “exponentially” means. He went on to say:

If Bill C-42 is passed in its current form...our Parliament would be promoting the bad behaviour and cronyism by legitimizing this type of behaviour.

I hope that addresses the concerns of the member for Saint-Boniface regarding the witnesses who appeared. I did not attend the testimony, but I read the transcription and I came to the conclusion that the parliamentary secretary is mistaken when she says that no witness contradicted the government.

One of the things that initially shocked me about Bill C-42, An Act to Increase Accountability of the Royal Canadian Mounted Police, was the huge discrepancy between the number of complaints made against police and the inadequacy of the Conservative government’s response. Having said that, I was especially shocked by the lack of any practical solution to adequately address the problem of sexual harassment, which is serious and ongoing, within the venerable institution that is the RCMP.

One explanation for this discrepancy is probably the fact that the government members did not consult all stakeholders on this issue before drafting this legislation. Bill C-42 has been held up by the government as a solution to the problem of sexual harassment in the RCMP, yet clearly, the bill does not meet that objective because it does not even refer explicitly to sexual harassment. To attack the problem, the bill must name it and come up with specific solutions for sexual harassment.

More generally speaking, the bill does not make an attempt to modernize an institution such as the Royal Canadian Mounted Police, as other countries have done. My colleague from Marc-Aurèle-Fortin put it well earlier when he said that in other countries, particularly in Europe, this very problem has been tackled directly by creating institutions that are independent from the police and whose investigations cannot be hampered by the police force under investigation.

We have to consider whether Canadians’ gradual loss of trust in their police forces, in general, and in the RCMP, specifically, is warranted. Part of the answer can probably be found in the 2010-11 annual report on the management of the RCMP disciplinary process, which is the most recent report available. The list of offences speaks volumes and is instructive. It was developed by police officers who are supposed to police their own conduct.

Here are some things on that list: excessive force; use of computer to play video games; use of computer to access pornographic websites; improper use of government credit card; impaired driving; altercation in public place; sexual assault; reporting for duty while under the influence of alcohol—that is the same person as the sexual assault, so we wonder if it was the same day or not, but we do not have the details; use of controlled substances—that means drugs; theft; false claims of overtime hours; domestic assault; possession of firearm without proper licensing; unauthorized use of satellite television signals—perhaps we need to raise our Mounties' salaries if they are reduced to pirating TV signals; refusing to provide breath sample; and here is an interesting one—allowing a prostitute actively soliciting sexual activity to enter personal vehicle for sexual activity; and falsification of medical certificates.

That is the list of the offences that police forces, especially the RCMP, are expected to detect, investigate and punish.

Thus, we can understand the public's growing lack of confidence in police forces, particularly the RCMP. Instead of building confidence, it just undermines public confidence in the police.

In Quebec, this reminds us of the sad case of "Officer 728", which has been widely discussed. Although there is no direct link with the RCMP, it is one more element that undermines the confidence of Quebeckers and all Canadians in all police forces. That is cause for concern.

The point of third reading of a bill is to make good use of the testimony by witnesses at the committee stage.

I will give as an example the testimony by the president of the Canadian Association of Police Boards. He expressed his concerns about the ability of the chairperson of the civilian review and complaints commission for the Royal Canadian Mounted Police—they could have found a shorter name for it, but that is its name—to refuse to investigate a complaint, even when the chairperson believes that would be in the public interest. Once again, that is something for the hon. member for Saint-Boniface to consider. This testimony confirms that a number of witnesses expressed serious concerns about the usefulness and the weak intent of Bill C-42.

Let us say more about this civilian review and complaints commission that is going to replace the Commission for Public Complaints Against the RCMP. The first obvious flaw is that the results of these investigations will simply be recommendations and not orders. The recommendations will not be binding on the commissioner or on the Minister of Public Safety.

The second major flaw in this commission is, I think, even more important. That is the fact that it will not be any more independent than the previous one, since it will not report to Parliament, but to the Minister of Public Safety.

This makes me think of a strong trend that we are also seeing within the Standing Committee on National Defence. I am a member of that committee. Just yesterday, we were debating the possibility of adding a link between the Vice Chief of Defence Staff and the Canadian Forces Provost Marshal. This is a typical example of an independent body losing its independence through the addition of a clause to a bill. This means that, once again—and I am using the example of national defence—the Conservatives are limiting the independence of those who should have all the independence they need to investigate any deviations from normal operations that occur within a government department or agency.

For all of the reasons I have outlined, I will not support Bill C-42 at third reading. The main reason for which the bill was drafted is not properly articulated and the bill is not an adequate response to the problem that it is supposed to solve.

[Candice Bergen, Conservative, Parliamentary Secretary to the Minister of Public Safety]

Mr. Speaker, I find it extremely frustrating, as someone who has attended every single committee meeting on the bill and has read and knows it, to hear people speak on the bill who clearly have no idea what it is about, what the testimony reflected nor the amendments to the bill. Therefore, I will just clear up a couple of things and ask my hon. colleague if he has actually read the transcript from the committee and read the bill.

First, on the issue of a complaint initiated by the chair, we made an amendment. The commissioner cannot refuse to study that. It has been dealt with.

As far as the police investigating police is concerned, that is exactly one of the reasons we brought the bill forward. There is absolutely a strong mechanism in place whereby non-RCMP investigative bodies will be investigating serious policing incidents, whether the death of civilians or within the RCMP. That has been addressed. Clearly, the opposition members have not read about that.

Third, we made amendments regarding immunity for the chair as well as reservists. I wonder if my hon. colleague could tell the House truthfully, has he read the bill and the witness testimony at committee?

[Tarik Brahmi, NDP, Saint-Jean, QC]

Mr. Speaker, I will answer the Parliamentary Secretary to the Minister of Public Safety by saying that I have read the comments and testimony.

I would like to quote another stakeholder. Mr. Stamatakis, president of the Canadian Police Association, is concerned about the risks associated with the commissioner's ability to delegate disciplinary authority. He said:

Without any additional...independent avenue for appeal, I would suggest there is a possibility that RCMP members could lose faith in the impartiality of a process against them, particularly in situations in which the commissioner has delegated his authority for discipline.

The Parliamentary Secretary to the Minister of Public Safety is claiming that I am not familiar with what was said in committee when I have just read four quotes. The Conservatives are truly acting in bad faith.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, as I indicated earlier, we do support the bill and we will be voting in favour of its passing at third reading.

Having said that, to be very clear, there are definitely issues that we are concerned about as a political party and on which we would like to see progress. Whether it is harassment or cultural awareness, there is no doubt the bill could have been improved.

The member is a little sensitive about whether or not we proposed amendments. I can assure the member that on many bills, the NDP does not propose amendments. No doubt the NDP members are a little sensitive on that issue because of the number of amendments rejected. However, this is not about the feelings of the New Democrats but whether or not the bill, even with its shortcomings, should proceed at third reading. The Liberal Party does recognize the value in having the bill pass. The bill does take a step forward.

What parts of the bill do the New Democrats oppose and make them vote against the bill? Is there a clause in the bill that says, in principle, this will take the RCMP backward?

[Tarik Brahmi, NDP, Saint-Jean, QC]

Mr. Speaker, I would like to thank the hon. member for Winnipeg North for being so concise. That is usually the case when he speaks in the House.

The main reason is that the NDP proposed amendments after hearing the testimony. The amendments are based on what we heard from the witnesses.

The reason why I will not support this bill is that it does not respond to the specific and serious problem of the growing number of cases of sexual harassment within the RCMP. What is more, this causes all police forces to lose credibility. This problem serves only to undermine the public's confidence in Canada's law enforcement agencies. And that is serious.

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

Mr. Speaker, I will be sharing my time with the member for LaSalle—Émard.

I am pleased to be taking part in the debate at third reading of Bill C-42, An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts. This bill amends the Royal Canadian Mounted Police Act. It deals with modernizing discipline within the RCMP, gives RCMP commissioners greater powers and discretion, and changes the procedures for complaints and human resources management. The bill also replaces the civilian complaints commission with the Civilian Review and Complaints Commission for the RCMP.

This bill incorporates numerous provisions of Bill C-38, which was introduced in the 40th parliament and which the NDP strongly criticized at the time. Although we supported the spirit of the bill, which aimed to modernize discipline-related items within an institution that is dear to the hearts of Canadians, we were critical of what it failed to do, since the content of the bill did not adequately reflect the goal.

While the bill that is before the House today incorporates a majority of the provisions of Bill C-38, it does not include the provisions relating to unionization of the RCMP. The RCMP is the only police service in Canada that does not have a collective agreement, which is an essential bargaining tool between employees and employer. Members of the RCMP have to be content with a consultation process, and this is regrettable.

The current government introduced Bill C-42 on June 20, 2012. Canadians’ perception of the RCMP, the key police force in our system, has changed in the last few years.

Statistics from the Management of the RCMP Disciplinary Process 2010-2011 Annual Report unfortunately highlight the fact that this institution has a problem when it comes to discipline.

The statistics on formal discipline hearings held from 1994 to 2011 show that 750 formal discipline hearings were held across Canada. In this same period, 206 regular and civilian members resigned from the RCMP and 20 of those members resigned in reporting period 2005-06. From 2008 through to 2011, there were 145 formal discipline hearings held. In this same time span, a combination of 40 regular and civilian members resigned from the organization.

On the annual number of formal discipline hearings, from 2000 to 2011 there were 915 new formal discipline cases, which averaged out to 83.18 new cases a year. The anticipated number of new formal discipline cases for 2011-2012 was 83. There were 123 cases carried over on April 1, 2011, from the previous reporting period. The estimated number of formal discipline cases to be dealt with in 2011-12 was 206 cases.

On the sexual harassment complaints, over 200 women who work or have worked in the RCMP have joined Const. Janet Merlo to launch a class action against the RCMP on the ground of sexual harassment. The first court hearing took place on August 2, 2012, but the class action application has not yet been approved. Other individual actions against the RCMP are under way, including the actions by Cpl. Catherine Galliford and Const. Karen Katz.

When we read these figures and consider the various testimony heard by the committee, it is apparent that changing the organizational culture should be central to any comprehensive examination undertaken by the Minister of Public Safety.

Of course, legislation means that outdated procedures that were seen as too much of an administrative burden will now have a framework and will be updated. From the legislative point of view, there must be an in-depth analysis of the RCMP's corporate culture, so that changes can be made.

According to Robert Paulson, the RCMP commissioner, it is a central issue. He came to testify at the Standing Committee on the Status of Women on April 23, 2012, when the committee was studying the role of female employees in the RCMP and the challenges they face. He said, and I quote:

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

The term “harassment” appears in the bill's summary and in paragraph 20.2(1)(i), which states that the RCMP commissioner may “establish procedures to investigate and resolve disputes relating to alleged harassment by a member”.

Even though harassment, and more specifically sexual harassment, is at the heart of the debates on the culture within this police force, the legislator failed to address this issue in the bill. The official opposition, which voted to send this bill to committee to be examined thoroughly and amended, is opposed to the bill at third reading.

The 18 amendments proposed in committee were either rejected or deemed out of order. The NDP's amendments had to do with substantive changes to the text of the bill, unlike the Conservatives' amendments, which had to do with grammar-related corrections in French. This shows once again that a government bill was botched before it was even introduced in the House.

One of the amendments had to do with amending the Canadian Mounted Police Act to add mandatory harassment training for all RCMP members. This is a simple, concrete measure that meets the expectations of many witnesses who appeared before the Standing Committee on Public Safety and National Security. This measure would have helped provoke the necessary corporate culture changes in order to change the perception certain RCMP members have of the concept of harassment.

In closing, the Conservatives have yet again shown their lack of openness and co-operation with other parties by rejecting the official opposition's amendments and not considering expert advice in order to restore the RCMP's increasingly tarnished image in Canada.

If, as the Minister of Public Safety claims, this institution is synonymous with “professionalism, honesty, integrity and compassion”, this bill is misguided and the RCMP may no longer live up to those adjectives in the long-run.

[Rosane Doré Lefebvre, NDP, Alfred-Pellan, QC]

Mr. Speaker, I wish to thank my hon. colleague for his speech. As I said earlier, it is extremely important that we address this subject in the House. My colleague dedicated a great deal of time to evaluating the contents of the bill. I also heard him mention that the opposition's amendments were unfortunately not accepted and were rejected in committee.

Bill C-42 focuses a lot more on workers' rights than it does on the fundamental problem of harassment within the RCMP. The bill does not solve the problem or address the right issues. This seems to happen frequently with this government.

Does my colleague think it is right that this Conservative government bill focuses so much on workers' rights and so little on women's right to work in a safe environment? What are my colleague's thoughts on this?

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

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

We can say that this bill does not do enough as far as women are concerned. In fact, female employees of the RCMP want real action as well as a more open, safer work environment. They are tired of being harassed.

Unfortunately, and as is usually the case, the Conservative approach does not make the needs of female RCMP employees a priority.

Bringing in a union could lessen members' job security. A number of witnesses expressed this concern to the committee, focusing specifically on workers who file harassment complaints.

Members must have a clear anti-harassment policy that defines specific standards of conduct and establishes evaluation and performance criteria for all employees.

[David Wilks, Conservative, Kootenay—Columbia, BC]

Mr. Speaker, again, I hear a lot of numbers from the NDP, but I do not hear a lot of solutions.

In my 20 years in the RCMP, I knew that 99% of the members were good members, with 1% being the problem.

However, my issue is with the member saying that he is against giving the powers to the commissioner of the RCMP to fire people who should not be in the job. Presently, the commissioner has no authority to fire anyone. Is the member against the commissioner of the RCMP having the authority to fire members who should be fired?