Bill C-65 (Historical)

An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1

Part 1 of this enactment amends the Canada Labour Code to strengthen the existing framework for the prevention of harassment and violence, including sexual harassment and sexual violence, in the work place.
Part 2 amends Part III of the Parliamentary Employment and Staff Relations Act with respect to the application of Part II of the Canada Labour Code to parliamentary employers and employees, without limiting in any way the powers, privileges and immunities of the Senate and the House of Commons and their members.
Part 3 amends a transitional provision in the Budget Implementation Act, 2017, No. 1.

Canada Labour Code

[Karine Trudel, NDP, Jonquière, QC]

Mr. Speaker, I thank my colleague for her question, which goes to the main point of my speech.

Joint occupational health and safety committees are important. They consist of employer and worker representatives who often receive training. They are not experts, but they at least have expertise in their field of work as well as workplace health and safety training. These people investigate complaints about violence, harassment and bullying. We are going to lose many years of experience.

As an aside, I would like to remind members that complainants were not required to go directly the the health and safety committee. It was one of a number of options. Unfortunately, this option will not be included in Bill C-65. We are also losing cultural diversity. The complainant will no longer be able to choose whether they are represented by a woman or a man. That will not be in Bill C-65.

[Sheila Malcolmson, NDP, Nanaimo—Ladysmith, BC]

Mr. Speaker, I understand the long-standing involvement of the labour movement, with local health and safety representatives on the occupational health and safety committees, has been a very important part in ensuring that the Canada Labour Code works well and that investigations have people on the ground as part of the process.

It is my understanding that in the process of reviewing Bill C-65, the government's amendment to include harassment and violence in the workplace directly in the Canada Labour Code and make it also apply to the parliamentary precinct and the good men and women who support us in our work has been left out.

I would like to hear more about the efforts of our labour critic, the member of Parliament for Jonquière, to try to insert the advice of the labour movement into the draft version of this legislation. What is lost by the exclusion of that long-standing practice to have occupational health and safety committees and their representatives be involved in investigations of workplace harassment?

[Karine Trudel, NDP, Jonquière, QC]

Mr. Speaker, I thank my colleague for his very important comments.

That is why the guidelines are necessary, but it is true that everything depends on people's good intentions. Everyone starts out with the best of intentions, but sometimes things happen, which is why workplace training is so important. Both management and employees have to be on board. This is about providing guidance, and as a government institution, that is our job.

We have the Canada Labour Code, which is a useful tool in all kinds of workplaces every day. As I explained, Quebec is unique in that only its federally regulated workers are subject to the Canada Labour Code, but the code does provide a framework and set out measures related to training and consultation.

I said earlier that the health and safety committees could no longer intervene, investigate workplaces, and submit reports, so how will we equip workers and businesses with the necessary provisions? That is one of my questions about Bill C-65 that remains unanswered.

I have even more questions. For example, at a unionized business, can the union representative still help the person who is filing a complaint or who is the subject of an investigation related to allegations of violence or harassment?

There are many questions, but the main thing for the businesses is to get the means and the provisions. Bill C-65 is a step in the right direction, but, again, it will not solve every problem. There was an opportunity to make it better and we are still prepared to make proposals.

I hope that workers and employers will be receptive to Bill C-65 and will lead the way on prevention.

[Karine Trudel, NDP, Jonquière, QC]

Mr. Speaker, I thank my colleague for his comments. Bill C-65 makes some amendments to the Canada Labour Code that will protect all Canadians. With regard to Quebec, it will be up to those working in transportation and telecommunications, for example. I am thinking of Canada Post employees, who are governed by the Canada Labour Code in matters of health and safety. Some businesses and workplaces are unionized, while others are not.

Yes, the overall objective of Bill C-65 is to raise awareness among the provinces. However, there is one important aspect and that is to have clear provisions that are easy to apply. As I said in my speech, they did not include guidelines to provide direction to employers on how to intervene and establish clear workplace policies to prevent harassment and violence. It is important that we provide direction.

I believe that we amend legislation in the House in order to provide direction. It is vitally important that the Canada Labour Code provide guidance and direction when consultations are held between management and labour. The primary goal of Bill C-65 is to eliminate harassment and violence. We want that to be a thing of the past. Unfortunately, it will always be there. At the very least, we need to have guidelines and clear direction. Unfortunately, Bill C-65 has some gaps. We could have used this bill to make clear improvements.

[Karine Trudel, NDP, Jonquière, QC]

Mr. Speaker, as I have said several times in the House today, my thoughts are with all the victims. To all those going through a tough time or who wonder what to do, hang on. There are people who can help you. This bill is a step in the right direction. It will not end bullying, harassment, sexual or other violence, but we are here today to improve legislation. My thoughts are with these people.

Every member of the House should have respect for the victims and I know that to be true. More often than not, victims of an unfortunate incident tend to feel very isolated. I believe I speak for all my colleagues when I say that we all stand with the victims.

I also want to acknowledge the important work done by the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, the Standing Senate Committee on Human Rights, and both chambers on Bill C-65, which seeks to prevent harassment and violence in the work place. This bill is of general interest and this is a non-partisan issue, as I keep saying.

Harassment and violence, especially sexual harassment and violence, are too important an issue to allow partisan politics and bickering to hamstring our efforts. On the contrary, this bill needs to free up speech once and for all and empower victims to speak out about sexual harassment, because workplace harassment and violence are still widespread today, even here in Parliament.

That is why the NDP supports the principle and spirit of Bill C-65. However, in its current form, the bill is not perfect. Sadly, I think Bill C-65 only partially meets its goal of strengthening the harassment and violence prevention regime. Bill C-65 falls well short of addressing all of our concerns or those of the many witnesses who came to testify before the Senate or House committees.

The Senate proposed some good amendments. Some were similar to what I had presented to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, although once again, the government rejected more than half of my amendments. At any rate, those amendments would have improved Bill C-65 and helped us address the concerns raised by many witnesses who appeared before the House and Senate committees.

The suggestions were for simple things, such as recognizing that every employee has the right to employment that is free from harassment and violence, advancing gender equality, addressing issues of racism, and ensuring that the rights of women workers, including those who face intersectional forms of discrimination, are respected, protected and fulfilled. There was nothing particularly radical about these proposed amendments, but they were rejected nonetheless.

On April 26, the national president of the Canadian Union of Public Employees contacted me to discuss the bill. Here is what he said to me:

I am writing to you today about two serious flaws in Bill C-65 that will undermine the rights of workers affected by violence and harassment in the workplace.

What flaws could be so worrisome that the union felt compelled to urge the minister to correct them immediately?

That would be the exclusion of health and safety committees from both the complaint and the investigation processes. The process for filing harassment and violence complaints and the investigation process must both continue to benefit from the expertise of these committees. Excluding them makes no sense to me.

The surprising reason given by the Liberals to justify their measures was the purported breach of victims' confidentiality, were they to take part in the investigations by these committees. This is barely credible for many reasons, which I would like to outline.

First of all, the decision to bring these committees into the process was made by the victims themselves. The bill eliminates without a valid reason some options available to victims. It was an additional choice available to the victim, not a constraint that was imposed.

Second, to date, these joint health and safety committees have always received these complaints and successfully carried out the harassment investigations. Their modern investigative methods have always emphasized respect for victims' privacy. By excluding these committees from the investigative process, Bill C-65 is about to eliminate decades of experience, training and work, to say the least.

That is not all. If the Liberals truly wanted to protect victims' privacy and confidentiality, then why did they oppose several of the amendments I put forward at the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, and why did they oppose Senate amendment 7(b)? I had the pleasure of proposing some twenty amendments to the committee, but the Liberals allowed only three of them. Many of the other amendments were not even discussed. The Liberals chose to go straight to a vote and would not even explain why they were rejecting the amendments.

One of the amendments that was voted down without any explanation was a simple proposal from the Confederation of National Trade Unions. Under Bill C-65, joint health and safety committees would not be subject to investigations for privacy reasons. The problem is that such committees still provide a wealth of expertise to victims. Witnesses suggested a logical solution: give the committees codes of practice and a code of ethics that would ensure victims' privacy.

The government opposed this recommendation without any explanation out of stubbornness or because they did not understand it. It seems to me that excluding these committees from the investigation process is a serious decision. There was certainly no shortage of witnesses who supported the amendment. Unions, associations, and law firms were all in favour, and there are more.

My speech may not be interesting to some of my colleagues, but I think that the nature of Bill C-65 calls for a little order. If those who want to talk could do so outside or in the lobby, I think my colleagues who want to listen to my speech would appreciate it. I do not think my message was heard.

I will pick up where I left off and perhaps members in the House will keep it down. The expertise of the joint health and safety committees spans decades, but that alone does not explain why witnesses adamantly defended keeping them in the investigative process. The other reason, which is rather important, is the exceptional diversity of the investigators who make up the joint committees tasked with investigating harassment cases. The right of joint committees to conduct investigations has until now made it possible for victims to benefit from an incredible diversity of investigators in terms of colour, religion, age and sex. Such diversity in the profile of investigators is invaluable in a workplace.

Unfortunately, it is clear that this aspect has been removed from Bill C-65, against the recommendations of the International Labour Office.

In investigations into sexual harassment, the victims will no longer be able to benefit from the expertise or the extreme diversity within the joint health and safety committees.

It was still possible, at the committee stage, to include a provision in the bill to ensure the diversity of investigators, similar to that made possible by joint committees, that would have applied to all investigators.

That is exactly what one of my amendments proposed. It stated that the choice of investigators, although no longer the purview of the joint committees, must reflect the diversity of Canadian society. Thus, the diversity of investigators, which until now was made possible by the joint committees, would be perpetuated even though the committees were excluded from the investigation.

A balanced representation of Canadian diversity would be assured. Apparently, the recommendation made by the UN Secretariat on labour was not good enough for the government, because it did not let Canada adopt legislation to guarantee equality and non-discrimination in the investigators' profile.

We need to remember that minorities are disproportionately affected by workplace harassment and violence. By "minority", I mean members of an ethnic or religious minority as well as lesbian, gay, bisexual, transgender, and intersex workers, and migrant workers.

That is why the profile of individuals responsible for the investigation must at all costs reflect diversity. However, it seems that our legislation will not take into account national diversity in the selection of investigators, and I find that very unfortunate.

Those are some of the aspects that were especially important to me, after spending all those hours listening to and reading the recommendations made by witnesses when they appeared before the committee and in their briefs.

In order to respond to their concerns and correct the deficiencies in Bill C-65, I drafted amendments that were not even debated. There has been nothing but radio silence from the Liberal members.

I would like to now move on to other aspects of the bill that the NDP is also concerned about. There are many of them and they have to do with the development of employer policies on harassment and violence, for example.

Some employers said on several occasions that they did not understand exactly what was expected of them when it comes to workplace policies. They need guidance on writing and implementing their anti-harassment policies.

Since the primary purpose of Bill C-65 is to bring about a major change in political and corporate culture when it comes to harassment, we had hoped for more from the government in this regard.

When the witnesses appeared before the committee, they expressed their concerns about the effectiveness of employer anti-harassment policies. The witnesses came up with one solution.

In order to give employers guidance and enhance protection for employees, the witnesses recommended that the Canada Labour Code set out guidelines for what is expected of a corporate policy on harassment in the workplace.

The guidelines should include information about the process for getting immediate assistance in the case of harassment and about the fundamental principles of privacy protection and the processing of complaints.

The NDP's amendment would kill two birds with one stone. It would help guide employers in developing their internal policies and also enhance protection for employees, who would now be covered by effective prevention policies.

That amendment also would have prevented potentially ill-intentioned employers from shirking their basic harassment prevention obligations through the use of deliberately complex anti-harassment policies that ultimately end up disincentivizing victims.

Unfortunately, it seems the Liberals would rather leave employers guessing about how to write their internal policies, since not one Liberal bothered to say anything about this measure, let alone come out in favour of it.

Over the course of our deliberations today and tomorrow, I hope to find out what prompted the government to oppose this measure, which witnesses offered up on a silver platter in committee. I hope to get some answers in the next few hours in the House.

Would it not make sense for expectations around policies, specifically anti-harassment policies, to be included in the Canada Labour Code? That is another thing that is conspicuously absent from Bill C-65.

Once again, there were certainly plenty of opportunities to address the problem, and plenty of witnesses who spoke in favour of such a measure. All our efforts to strengthen the prevention aspect of Bill C-65 were apparently for naught.

The Liberals put forward an amendment to include a five-year review, which was not at all objectionable and was in fact more than welcome. We all recognized the importance of including a provision to review the legislation over the years. Reviewing workplace violence and harassment provisions every five years is a perfectly justifiable improvement. What is less justifiable is that Liberals refused to support one of my amendments to make the five-year review more effective.

I will give a quick explanation. The Liberals proposed that the department publish statistics on workplace harassment and violence every five years. This is good. It complies with almost all of the recommendations of their own report published by Employment and Social Development Canada in March 2017. Almost.

In this report, the government lamented the “insufficient data on workplace harassment and violence“, in particular regarding sexual harassment.

The report also pointed out the need for ongoing data collection in order to address this lack of data.

The Liberals remedied part of the problem by proposing that the department publish a statistical report every five years. However, the reality is that we lack data. This lack of data in the statistical report is rather problematic because we will not have the information required to assess the evolution of Bill C-65.

I will stop here, but I have a lot more to say about Bill C-65. I will have the opportunity to answer questions here in the House and to participate in several more hours of debate.

The NDP supports the principle and the spirit of Bill C-65 but still finds the legislation lacking. We will therefore support the bill on division.

[Karine Trudel, NDP, Jonquière, QC]

Mr. Speaker, unfortunately, as the saying goes, a leopard cannot change its spots. Everyone in the House agreed that we wanted to take a non-partisan approach to our study of Bill C-65. We were able to do a thorough job in committee, and I would really like to come back to the bill and its very essence.

We are talking about victims here. Some of the people who are listening at home have experienced harassment, violence or sexual intimidation themselves.

I would like to get back to the substance of Bill C-65. I moved an amendment in committee regarding the individuals responsible for an investigation providing a written report of the results of the investigation to specific people, such as the employer or employee. Following consultation with the employee, those documents could then be destroyed. My amendment was rejected.

The same thing happened in the Senate. A similar proposal was made, and the amendment was rejected. I do not understand why the government rejected both of those amendments, one at the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, and one in the Senate.

I would like to hear my colleague's thoughts on the fact that that amendment was rejected, as well as her comments on the importance of providing written results from the investigation to the victim and the employer, and then destroying those documents to ensure full confidentiality.

[Karine Trudel, NDP, Jonquière, QC]

Mr. Speaker, I would like my colleague to tell us why the government rejected Senate amendment 4, which sought to add “ensure that the work place is free from harassment and violence” to clause 3 of Bill C-65. That would have been a very important addition.

I would like my colleague to quickly share her opinion on that.

[Celina Caesar-Chavannes, Liberal, Whitby, ON]

Mr. Speaker, I want to thank the minister for what is a historic piece of legislation, Bill C-65. I want to add a dimension to it.

The minister mentioned that women often do not report and that their stories are often not heard. When we add intersectionality to that, either of race, disability or sexual orientation, the reporting is often a lot lower. I am wondering if the minister can elaborate on how this piece of legislation would adjust for that but also make more inclusive workplaces, not just within the federal jurisdiction but beyond that.

[Patty Hajdu, Liberal, Thunder Bay—Superior North, ON]

Mr. Speaker, sharing stories cannot be where this ends. It is time for us to take action, and we are. According to an Angus Reid poll, 52% of Canadian women say that they have been subjected to sexual harassment in the workplace and 28% report having experienced non-consensual sexual touching in the workplace, and 72% of respondents who experienced harassment never reported it. In fact, these behaviours have become so normalized that the discomfort women feel is normalized. Women tell us that they do not come forward because it is easier not to, because it often is not worth it. They feel embarrassed, and many fear reprisal, up to even losing their jobs. Most disappointing is that most women simply do not believe that coming forward will make any difference whatsoever in their situation or for others.

It is time for a change. All Canadians deserve a workplace that is free of harassment and violence and where unacceptable behaviour is no longer tolerated. Bill C-65 would be a tool to help achieve that goal. It is how we would send the message that unacceptable behaviour in the workplace will not be tolerated. It would move us, as a society, from outrage to action. Bill C-65 would address all types of harassment and violence. It would strengthen the Canada Labour Code to complement existing laws and policies. It would broaden the scope of legislation to include staff working right here and in constituency offices, both in this House and in the other chamber.

There are three main elements to Bill C-65: the prevention of incidents, a timely and effective response to incidents, and support for affected employees.

This is a progressive and revolutionary bill that all Canadians can be proud of. However, I am well aware that Bill C-65 applies only to federally regulated employers and employees.

My hope is that the legislation would set the example and the standard for fairness and harmony in all workplaces in Canada.

I wish to thank the other chamber for its careful study. I also thank the witnesses who shared their expertise and their experiences, many of them deeply personal, which helped inform the committee's study. The Standing Senate Committee on Human Rights took to heart the messages heard from these witnesses and proposed amendments to echo those voices and stories.

Many of these amendments are supported by our government. For example, we are supporting the removal of the terms “trivial”, “frivolous” and “vexatious” to describe complaints that could be refused for investigation. While these terms are commonly used in law, there is no denying that they have powerful negative connotations.

There are some amendments we are unable to support, despite the fact that we understand their intent. These concerns did not go unheard. It is the government's perspective that the amendments have already been addressed through other legislation. My hon. colleagues will speak in more detail about each of the amendments.

Rest assured that this legislation would be meaningful for Canadians. It would create better protections, safer workplaces and swifter action for employees covered by this legislation. It would also start a cultural shift that would affect all workplaces and our society. In fact, I believe that it already has.

For example, during our consultations on the regulations, the majority of stakeholders we met recognized the need to change the status quo, and most expressed their willingness to help make that happen. It is important that as a government, we lead the way, that we provide an example, and that we take our responsibility to our workers seriously. We need this legislation simply because what is in place right now is not doing the job.

Let me tell members a bit about Hilary Beaumont, a VICE News reporter. Ms. Beaumont conducted some very interesting research. She interviewed more than 40 women who work right here on the Hill, including former and current members of Parliament, lobbyists, journalists, employees and trainees. In her presentation to committee, Ms. Beaumont said that she quickly realized that female employees were much more vulnerable to harassment than their male counterparts.

The women she interviewed reported personal stories of sexist comments and touching and even sexual assault. Some women said they had been fired or had lost job opportunities after trying to report the abuses they had suffered at work, in this workplace. Some currently employed on the Hill are not even aware of how to manage and report incidents.

Ms. Beaumont discovered that existing measures are not protecting employees from harassment and violence. However, if Bill C-65 had been in place, these women would have had better support and justice, and even better, these incidents could have been prevented. That is why this bill is so important.

From the outset, each member of this House agreed on its importance, and this was apparent during the meetings of the committee of this House, which worked very hard to strengthen the bill. Out of those meetings came important amendments: adding the definition of harassment and violence to the Canada Labour Code; adding a clause that required that the provisions on harassment and violence established in Bill C-65 be re-examined every five years; requiring the minister of labour to produce, each year, a report on harassment and violence in all workplaces under federal regulation; and for the application of part 3 of the law in Parliament, providing the deputy minister with powers normally attributed to the minister to avoid any potential conflict of interest.

These changes, which have already been adopted, along with the amendments from the other chamber that we propose to accept, have created a piece of exceptionally strong legislation that we can all be sure would reach its intended goal.

I firmly believe that Bill C-65, as amended, will really change the lives of thousands of Canadians.

It would ensure better protection for employees in the public service and in federal Crown corporations.

This applies to people working for federal banks, railroads, marine transportation services and ferries, airlines and airports, and radio and television broadcasting.

Bill C-65 would also, importantly, protect political staff in this chamber and in the other one, where all too often we have heard of, and may have even witnessed, inappropriate behaviour, often to humiliate or belittle or to use power as a way to pursue intentions of assault.

I ask my hon. colleagues to support the advancement of this important bill; in fact, this historic bill. For every person who has come forward, for those who have felt that they could not come forward, let us stand up and declare together that we will not accept the status quo and that we will be responsible employers in this place. Let us be an example for Canada and for the rest of the world. We owe it to our citizens, and we owe it to the incredibly hard-working staff who serve us all, to take action now.

[Patty Hajdu, Liberal, Minister of Employment]

moved:

that a message be sent to the Senate to acquaint their Honours that, in relation to Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1, the House: agrees with amendments 3, 5(b), 6 and 7(a) made by the Senate;

respectfully disagrees with amendment 1 because replacing the word “means” with “includes” would result in a lack of clarity for both employees and employers;

respectfully disagrees with amendment 2 because, in focusing on harassment and violence, it would create an imbalance relative to all of the other occupational health and safety measures under Part II of the Canada Labour Code, and, in addition, other legislation, such as the Employment Equity Act, addresses some of those issues;

proposes that amendment 4 be amended by deleting paragraph (z.163) and by renumbering paragraph (z.164) as paragraph (z.163) because the addition of proposed paragraph (z.163) would mean that a single incident of harassment and violence in a work place would be considered to be a violation of the Canada Labour Code on the part of the employer, which would undermine the framework for addressing harassment and violence that Bill C-65 seeks to establish;

respectfully disagrees with amendment 5(a) because the complaints that are investigated under the section that would be amended do not include complaints relating to an occurrence of harassment and violence;

respectfully disagrees with amendment 7(b) because this would be inconsistent with the Federal Public Sector Labour Relations and Employment Board’s other annual reporting obligations under both the Federal Public Sector Labour Relations and Employment Board Act and Part I of the Parliamentary Employment and Staff Relations Act and because that Board would only be reporting on a small subset of cases in respect of which there are appeals, thus creating a high risk that an employee’s identity would be revealed if such statistical data were published.

Mr. Speaker, it is a great honour to rise today to speak to Bill C-65. First, I would like to recognize both chambers for their excellent work on the bill. Bill C-65 has had careful study over the course of many meetings, and both chambers have suggested amendments that would strengthen this historic legislation. All hon. members agree it is our responsibility and duty to end workplace harassment and violence, and Bill C-65 brings us closer to that goal.

This bill will change how we perceive and put a stop to unacceptable behaviour in workplaces under federal jurisdiction, including Parliament, but its ultimate goal is so much greater.

It is my hope that Bill C-65 will become the standard and the model for other jurisdictions in the country.

We have heard for years many stories of harassment and violence in the workplace and the extent of the problem. In 2017, more women than ever before came forward to share their experiences through the #MeToo movement. The flood of stories was overwhelming. Some were shocked by what we heard and read, but too many of us were not. So many women have experienced what can no longer be denied: a systematic and widespread tolerance of workplace harassment and sexual violence.

The House proceeded to the consideration of amendments made by the Senate to Bill C-65, an act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1.

National Defence Act

[Julie Dzerowicz, Liberal, Davenport, ON]

Madam Speaker, there are a couple of comments that the hon. member made, which I would like to respond to.

My understanding is that there was a similar bill introduced under the former Harper Conservative government. However, it was introduced in the dying days of that government. I wonder whether there was any intention to actually pass that legislation. We have made sure that this legislation was introduced in more than enough time for us to be able to see this bill through the legislative process. I am very proud that we, through this bill, will be strengthening victims rights within the military justice system.

In terms of some of the additional comments that the hon. member made, there is, as part of this bill, the declaration of victims rights. It would ensure that victims who come forward to report harassment and misconduct would have the support that they need. It very much builds on Bill C-65, which is our commitment to create workplaces free from harassment and discrimination from the federal sphere. Also, as I mentioned earlier, for those victims who are looking for specific services, it would create the role of a victim liaison officer who would help guide them through the military justice system and what is available to help them.

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon we will continue second reading of Bill C-78, the family justice act. Tomorrow we will begin debate at third reading of Bill C-79, the comprehensive and progressive agreement for trans-Pacific partnership implementation act.

Next week, members will be working with Canadians in their ridings. When we return, we will begin debate on Senate amendments to Bill C-65, the harassment prevention act. Priority will then be given to the following bills: Bill C-77 on the Victims Bill of Rights and Bill C-82, the multilateral instrument in respect of tax conventions act.

Lastly, I would like to take this opportunity to wish all of my colleagues and their families a happy Thanksgiving.

National Defence Act

[Harjit S. Sajjan, Liberal, Vancouver South, BC]

Mr. Speaker, I am pleased to be here today for second reading debate of Bill C-77, an act to amend the National Defence Act and to make related and consequential amendments to other acts.

Canada's military justice system has a long and proud history of helping to maintain a high level of discipline, efficiency and morale within the Canadian Armed Forces. My colleague, the Minister of Justice, has been asked by the Prime Minister to conduct a review of the criminal justice system.

It is in that same spirit that our government has committed to reviewing, modernizing and improving our civilian and military justice systems.

We are proposing a number of changes to the National Defence Act, some minor and others more significant. At the heart of these changes are our people, the women and men of the Canadian Armed Forces who make extraordinary sacrifices every day in the service of their country.

When we formed government, we promised to put people at the core of everything we did. I am proud to say that this focus on people especially applies to our defence team. Since launching our defence policy, “Strong, Secure, Engaged” last year, we have done great work to strengthen the Canadian Armed Forces culture and improve support to our members.

For example, we are investing in our military family resource centres by providing an additional $6 million per year to modernize military family support programs. This will provide more support to our military families when members are deploying or during long periods of absence. We are also helping to stabilize family life for Canadian Armed Forces members and their families, which frequently have to relocate. Through our seamless Canada initiative, we have started a dialogue with the provinces and territories to improve the coordination of services across provinces to ease the burden of moving. We have introduced tax-free status for all Canadian Armed Forces personnel that are deployed on named international operations.

These are just a few examples of what we are doing to look after our women and men in uniform.

Many members are aware of Operation Honour, which aims to eliminate sexual misconduct in the Canadian Armed Forces. Through Operation Honour, we have introduced a new victim response centre, better training for Canadian Armed Forces personnel and easier reporting.

On a related note, our government is pleased to see the results of a comprehensive review of previously unfounded sexual assault cases conducted by the Canadian Forces provost marshal. Twenty-three cases have been reopened and identified for further investigation. I want to commend the Canadian Forces national investigation service and the provost marshal for their work in ensuring victims are heard.

The changes laid out in Bill C-77 build on Operation Honour and will further strengthen our ability to create a positive and respectful environment within our military.

Before I outline what is included in Bill C-77, I want to explain how the legislation fits within the broader context of what our government is doing to create workplaces that are free from harassment.

After we formed government, the Prime Minister gave me a specific mandate to work with senior leaders of the Canadian Armed Forces to establish and maintain a workplace free from harassment and discrimination. I spoke earlier about Operation Honour and how it was one tool we had to stamp out this unacceptable behaviour. However, it is not only in the military that we see these issues.

Over the last year, we have seen many acts of tremendous bravery, with victims speaking out and standing up to their abusers. I am proud of the efforts our government is taking to end this unacceptable behaviour.

For example, last spring, my colleague, the Minister of Employment, Workforce Development and Labour, introduced Bill C-65, which aims to prevent harassment and violence in federally regulated and parliamentary workplaces. One of the key elements of the legislation is providing better support to victims of this unacceptable behaviour. It is in the same spirit that we are debating Bill C-77 today.

Let me now offer a broad overview of the changes we are proposing through Bill C-77.

To start, the amendments would clearly enshrine victims' rights in the military justice system. We know from a Department of Justice report that victims often feel excluded and even re-victimized by the criminal justice process. Bill C-77 would address these concerns by committing to a more victim-centred approach in our military justice system.

To do that, Bill C-77 proposes to add a declaration of victims' rights within the code of service discipline. This declaration gives victims a voice. It will ensure that victims of service offences are informed, protected and heard. The declaration provides victims of service offences with four new rights.

The first is the right to information so victims understand the process that they are a part of, how the case is proceeding, which services and programs are available to them and how to file a complaint if they believe their rights under the declaration have been denied or infringed. Because of the unique nature of the military justice system, understanding it can be difficult and potentially intimidating. For those reasons this legislation also includes the appointment of victims' liaison officers to help guide victims through the process and inform them about the system. Under the victims' rights to information, they will also have access to information about the investigation, prosecution and sentencing of the person who harmed them.

The second right is to protection, so victims' privacy and security are considered at all stages in the military justice system. Moreover, where it is appropriate, we will ensure their identities are protected. This right to protection also guarantees that reasonable and necessary measures are taken to protect victims from intimidation and retaliation.

The third right is to participation, so victims can express their views about the decisions to be made by military justice authorities and have those views considered. This right will ensure that victims' views and the harm and loss they have suffered can be fully considered. In addition, it will be possible to submit military and community impact statements to the court martial. These will convey the full extent of harm caused to the Canadian Armed Forces or the community as a result of the offence.

The fourth right is to restitution, so the court martial may consider making a restitution order for all offences where financial losses and damages can be reasonably determined.

The next important change introduced by the legislation relates to how indigenous offenders are sentenced. This stems from the evolution of Canada's civilian criminal justice system and our desire to ensure the military justice system reflects our times, while remaining responsive to its mandate.

As the Prime Minister has said on many occasions, no relationship is more important to our government and to Canada than the one we have with indigenous peoples. Naturally, the fact that indigenous people are significantly overrepresented within the civilian criminal justice system is of grave concern to all of us. It is not enough to serve justice fairly. In a case like this, where we see such an imbalance, we must pursue the root causes of that imbalance and be considerate in our response.

The Criminal Code has provisions, introduced by Parliament, that have sought to alleviate the higher rate of incarceration for indigenous offenders. In fact, it calls for judges to consider all available sanctions, other than imprisonment, that are reasonable under the circumstances, with particular attention to circumstances of indigenous offenders.

While the military just system has not experienced any overrepresention of indigenous offenders, the proposed amendments to the National Defence Act reflect the civilian system's considerations for sentencing and our nation's history. Bill C-77 would enshrine those same principles in the military justice system.

Similarly, Bill C-77 aligns military justice with the civilian system where LGBTQ2 rights are concerned.

In June 2017, our government added gender identity and gender expression as prohibited grounds of discrimination under the Canadian Human Rights Act. In November, the Prime Minister issued a formal apology to LGBTQ2 Canadians for the historic wrongs and injustices they suffered because of their gender or sexuality.

The defence team has been working hard through initiatives like the positive space initiative to help create inclusive work environments for everyone, regardless of sexual orientation, gender identity or gender expression. This bill is another step in that direction. It calls for harsher sanctions and sentences for service infractions and offences that are rooted in bias, hate or prejudice toward individuals based on their gender expression or identity. This change will foster a more inclusive and cohesive Canadian Armed Forces, while delivering justice for the victims of fear and prejudice.

The last category of changes introduced by this bill relate to broad efforts to make Canada's justice systems more flexible. In the case of the military justice system, the changes introduced by Bill C-77 would make the system faster and simpler. The summary hearing will be introduced and address minor breaches of military discipline in a non-penal and non-criminal manner. More serious matters will be directed to court martial and there will no longer be summary trials. The summary hearing would only deal with the new category of minor breaches of military discipline, known as service infractions. Service offences that are more major in nature will be dealt with at a court martial.

I want to be clear. There will be no criminal consequences for service infractions and military commanders who conduct summary hearings will be limited to non-penal sanctions to address them. This will improve the chain of command's ability to address minor breaches of military discipline fairly and more rapidly. We also expect it will enhance the responsiveness and efficiency of military discipline, thereby contributing to the operational effectiveness of the Canadian Armed Forces.

Canada's defence policy, “Strong, Secure, Engaged”, is a policy that will guide us for the next 20 years. It clearly outlines that our government will continue to support the women and men of our Canadian Armed Forces. The military justice system is critical to how the Canadian Armed Forces accomplishes what it does every day. It sets up a framework for all service members to maintain an outstanding level of discipline and a high level or morale so they can successfully accomplish the difficult tasks asked of them. Knowing they are protected by the military justice system that keeps pace with the Canadian concepts of justice builds on the great unit cohesion among our forces as well.

It is a pleasure to see this legislation progress to second reading, something my Conservative colleagues could not manage when they tabled similar legislation in the dying days of the last Parliament. However, we will see this through as we continue to make every effort to deliver for the women and men of our Canadian Armed Forces and all Canadians. The drive to be fair, to be just and to restore that which has been harmed is a drive that dates back to the very foundations of our country and our armed forces.

Today, we take steps in the pursuit of justice; steps to take care of victims, while we seek to ensure justice is served; steps to ensure that indigenous peoples in the military justice system receive the same considerations on sentence as those in the civilian justice system; steps to uphold justice within our military so it can continue defending our country.

I want to thank everyone for working with us toward this very worthy goal.

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon, we will continue debate on the NDP opposition motion.

Tomorrow, we will start the second reading debate on Bill C-82, the multilateral instrument in respect of tax conventions act.

Monday, we will resume second reading debate of Bill C-77 on the Canadian Victims Bill of Rights and of Bill C-78, the family law act.

Next Tuesday, October 2, shall be an allotted day.

Finally, for the rest of the week, priority shall be given to report stage and third reading of Bill C-79, the CPTPP implementation act; and the Senate amendments on Bill C-65, the framework for the prevention of harassment.