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

This bill was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Patty Hajdu  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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.

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.

Canada Labour CodeGovernment Orders

May 7th, 2018 / 5:20 p.m.


See context

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I want to pick up on my colleague's comments in regard to our labour movement. The labour movement as a whole has done a phenomenal job of protecting the rights of workers, and in good part probably has the experience that is necessary for us to move forward. To recognize the important role that our unions have played over the years, I look at this legislation as a step forward, which unions, management, and companies will be able to utilize into the future, hopefully with the idea of preventing harassment, but also to deal with the harassment taking place in our workforce today. It is one of the reasons why it is very important that we pass the legislation. I recognize that there are many different types of tools, and this is but one tool that I believe would be well utilized in the years ahead. I wonder if the member might want to provide some comments in regard to whether it is this or other aspects that unions in particular have been so supportive of and effective at in terms of advancing the issue of social justice on harassment issues.

Canada Labour CodeGovernment Orders

May 7th, 2018 / 5:25 p.m.


See context

NDP

Sheila Malcolmson NDP Nanaimo—Ladysmith, BC

Mr. Speaker, being unable to discern what that question was, I will take the opportunity to run through a list of the amendments that my colleague presented at the committee that were rejected. We have already talked about the role of the public safety and national security committee's motion that was moved, which, despite many witnesses calling for it, was not taken up by the government. We also proposed strengthening the prevention of mental illness in the Labour Code. Something that teamsters urged us to do was to have a very strong intervention on mental health. That was a motion that was rejected. There was a proposal that the fundamental corporate policies be listed in the Canada Labour Code so that this be fully transparent. Another idea was to schedule mandatory training sessions on sexual harassment so employers are fully aware of their responsibilities. I have another list twice as long, but I will leave it there.

Canada Labour CodeGovernment Orders

May 7th, 2018 / 5:25 p.m.


See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I agree entirely with my friend from Nanaimo—Ladysmith and share her concerns that Premier Rachel Notley experiences death threats. I have already said in the media recently that I do as well. I want to hone in on one area where the comments are the most vile and are not really touched on by Bill C-65. Forgive me for going a bit outside the scope of this act. Does my friend from Nanaimo—Ladysmith not agree that we need to find a way to police the comments of social media, things that are essentially published? In the old days, by which I mean not that long ago, with anything that was published in a newspaper, the editors would make sure they knew the identity of the person posting a comment, and a comment could not be an incitement to hatred or violence. However, on Twitter and Facebook, we do not control those spaces. I wonder if my friend from Nanaimo—Ladysmith has any thoughts on that.

Canada Labour CodeGovernment Orders

May 7th, 2018 / 5:25 p.m.


See context

NDP

Sheila Malcolmson NDP Nanaimo—Ladysmith, BC

I welcome the question, Mr. Speaker.

It is true. At a time when threats of violence were phoned in or mailed in, that was one thing. The rest of the world did not see them in the way that people do on social media. Either way, I want to give deep thanks to all of the workers who support us as parliamentarians. They screen us from some of the most difficult comments, but they themselves take the brunt of that. That is a workplace issue, and I thank them for protecting us so well.

The thing I am concerned about, though, is that the sexual, misogynistic, hateful things that are said online are for everybody to see. I am concerned that others watching, especially women and marginalized groups, who have a hard time getting into places like this anyway because of the barriers they face, look at those comments online and think, “Do I want to subject my family to that?” We should not be doing anything that turns people off.

Therefore, the very first and best remedy that we have is to restore to the Canadian Human Rights Act the protections removed by the Conservative government—the Liberal government should have done this already—and to make online threats and comments subject to complaint in the same way that phone calls and letters are.

Canada Labour CodeGovernment Orders

May 7th, 2018 / 5:25 p.m.


See context

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I am pleased to participate in this debate. I will share my time with the excellent member for Louis-Saint-Laurent.

This is certainly an important issue, and it is a pleasure for me to rise to debate Bill C-65 at third reading. At second reading, when I spoke to this bill, I spoke in detail about the #MeToo movement, the practical and philosophical issues raised by that important movement, and the progress in terms of public awareness and public will to respond we have seen coming out of that discussion.

I will revisit some of those arguments later on, if time allows, but I want to begin by talking a little more about some of the practical issues around Bill C-65 and how those practical issues have been worked out through the legislative process. This bill is aimed at combatting harassment, specifically in the parliamentary precinct, but as well, more broadly, within the federally regulated workplace.

We are continuing to see the profound impact on politics, and certainly in other sectors of society, of the #MeToo movement, which has invited women to bring to light instances of previously undiscussed sexual harassment and assault. It has significantly increased awareness among men of the issues women face that we, as men, may not have been as aware of previously. It is important that we continue to encourage people to come forward to bring everyone's attention to this issue and to seek to strengthen the processes that protect victims and ensure more effective due process.

What this bill intends to do is very laudable, and that is to further develop a strong, fair, and reliable process. Indeed, a clear, fair, reliable process is the best way to ensure that victims are heard, that perpetrators are punished, and that potential perpetrators are deterred. We can show that there is a clear process in place that confronts these issues that is objective, that is impartial, and that ensures that victims have their fundamental rights protected. This bill would strengthen the processes and mechanisms that are in place, again as I said, to combat harassment on Parliament Hill as well as in federally regulated workplaces.

Conservatives support this bill. I am pleased that our caucus, and in particular, our team on the committee, have engaged constructively with this process to propose and see the passage of amendments that have improved and strengthened the bill and strengthened the process and what will be its ultimate effectiveness.

I recall, during second reading debate, that my colleague from Lethbridge, our shadow minister for the Status of Women, gave an impassioned speech, working through some of the areas where the previous draft of the bill was flawed and needed to be improved. I recall that at the time, some members of the government were critical of her for criticizing the bill, for violating what was allegedly supposed to be the non-partisan tone of the discussion, because this is, after all, something we all agree is so important.

I would argue that precisely the importance of this issue is why we should dig deeper. We should ask questions. We should analyze the text and its practical implications to see if it would do the kinds of things we wish it to do. Despite some of the criticism across the way, that is precisely what the member for Lethbridge and other members of our caucus were doing. They were trying to advance the underlying objectives by asking hard questions about what would be the most effective way of achieving those objectives.

Despite some of the criticisms Conservative members received for challenging aspects of the bill at second reading, I am pleased to see that the government did, in fact, see fit to accept amendments proposed by Conservatives that substantially improved the bill. I will mention a number of the issues where the mechanisms in place were improved.

The previous version of the bill would have created a situation where harassment complaints that involved MPs' offices would have been investigated under the direction of the Minister of Employment, Workforce Development and Labour. The obvious problem is that the minister is a member of Parliament and a member of a political party, so there would be, if not a lack of good intentions on the part of the minister, at least a potential perception of political bias. There would be a perception, perhaps, that a complaint by a member of the government's office might be treated differently from a potential complaint from within the office of a member of the opposition. We would not want to have either a taint in reality or a taint in terms of the perception of the credibility of that process.

That is why an amendment was proposed and successfully advanced at the committee stage that handed over that investigation to the deputy minister, a non-partisan civil servant. It ensured that the investigations of harassment complaints involving the offices of members of Parliament would be under the authority of a non-partisan public servant, as opposed to taking place under the direction of the office of the Minister of Employment, Workforce Development and Labour.

That was a very important constructive change the Conservatives were able to put forward to make this bill more effective. Fortunately in this case, we saw the process working as it should, and that amendment was accepted.

Another priority for Conservatives on the committee was ensuring a discussion of incorporating mandatory sexual harassment training. That training is critical, and it has been available to MPs. I know many MPs in our caucus have taken advantage of the opportunity to go through that training process as well. That training is important. It is something that we saw needed to be emphasized in the bill, and it was added.

We also put forward an amendment to have a mandatory review of the bill after five years. There has been some discussion in this House around social media and technology, and how that is a new platform on which harassment can take place. Obviously this illustrates the need for periodic reviews and updates, because technology changes. There may be new avenues or new platforms on which harassment takes place, and that may raise new issues in terms of the kind of legislative framework we are going to need going forward.

We have also seen, even over the last five years, increasing awareness and recognition of problems that previously were perhaps not identified and recognized appropriately. We could hope for that continuing process of greater recognition to ensure that everybody in the workplace is properly protected. That update provision was proposed and added and accepted by other members of the committee, and it is very important.

We see the legislative process working well here. Concerns were raised at second reading. We, as a caucus, have done our job. We have put forward constructive improvements to Bill C-65, and many of those have been incorporated.

We will continue to ask questions about ways in which the bill can be improved. Not all of the proposals we put forward were adopted. For example, we had a proposal around clear timelines over which an investigation would take place to ensure that an investigation would not not drag out indefinitely and that there would be a process in place to ensure closure for the victim and that these questions are ultimately answered and resolved in a timely manner. Unfortunately, the government members on the committee did not accept that proposal. Recognizing, though, that every proposal we put forward was not incorporated, we still see Bill C-65 as a step in the right direction, a positive step. I am pleased to be supporting it at this stage. It needs to continue to go through the process and hopefully be adopted.

As we work through discussions about processes, we should also acknowledge that changes to processes are not going to solve the whole problem. No matter how many processes and training opportunities are in place, there are always going to be people who will refuse to listen and who are going to think they can get away with it. Sometimes a sense of personal impunity can be a hazard associated with some people in positions of power.

Therefore it is important, as we confront the issue of harassment as it happens in this environment, that powerful people understand the rules of human conduct that apply to others very much apply to them as well. This needs to be reality reflected in the structure of the system, but it also needs to be absorbed into the minds and hearts of everyone in this place.

From conversations I have had, I know that some feel there is maybe a lack of clarity around what the rules are, in terms of what constitutes harassment and what does not. What this illustrates is a certain inadequacy of a purely rules-based, as opposed to virtue-based, approach to ethics.

A rules-based approach to ethics asks us to define specific lines. When it comes to this and many other things, rigid lines cannot always be easily defined, because there is an objective component to harassment—the behaviour—but there is also a subjective component, in terms of how that behaviour impacted the particular person in light of the context, in light of their situation, in light of cues that may have been given or not, the power structure, and so forth. There is that objective component, and there is the subjective component as well.

An alternative ethical approach, one defined by virtue ethics, is to define qualities of character that should animate action and interaction: a recognition of the dignity and value of every person, a rejection of objectification and the use of people merely as a means, and a commitment to well-being and happiness for all. These are the kinds of qualities that should animate all our interactions.

I am out of time. Thus, we should pass this bill.

Canada Labour CodeGovernment Orders

May 7th, 2018 / 5:35 p.m.


See context

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, it is encouraging to hear that the member will be supporting this legislation. In fact, listening to the debate throughout the day, what I heard was that it is a positive piece of legislation that was well discussed at committee, where we had a good sense of co-operation, with New Democrats and Conservatives working with the Liberal government members to try to improve the legislation. Many amendments were passed as a direct result, and today we have the legislation before us. It is, I believe, a very strong step forward on the issue of harassment.

I would ask the member to talk about the issues of privacy and confidentiality. I wonder if he would add some of his thoughts on that aspect of the legislation.

Canada Labour CodeGovernment Orders

May 7th, 2018 / 5:40 p.m.


See context

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, this was a piece of legislation that was improved through amendments through a good committee process. That does not mean that it is quite as good as it could have been. There were some good amendments put forward that were rejected. I do not want to imply that we agree completely with the government, but I think this is a constructive step. There are many aspects of the bill that are constructive. There has been clarification on how investigations would take place, on the mechanism, and certainly on provisions for committees to work together to combat harassment in this environment and other environments as well.

There is a great deal here that is positive. Again, we inserted the five-year review so that, if necessary, there would be opportunities to update the legislation, with new legislation sooner than that. However, there is that automatic five-year review in there to continually update it and ensure that the legislative framework is keeping pace with changes that are happening in society and awareness of other issues involving harassment.

Canada Labour CodeGovernment Orders

May 7th, 2018 / 5:40 p.m.


See context

Conservative

Harold Albrecht Conservative Kitchener—Conestoga, ON

Mr. Speaker, I want to thank all my colleagues in the House today for their good work on this important bill.

The one area I would like my colleague to expand on is the one amendment that was not adopted by the committee on the timelines under which an investigation could be conducted. Could he expand on that a bit? That is a concern if this drags on and on. It certainly would put the accused in a very difficult position, as well as the victim.

Canada Labour CodeGovernment Orders

May 7th, 2018 / 5:40 p.m.


See context

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, we have the principle in general, in law, of people having issues adjudicated in a timely manner. This benefits the victims so that they can have clarity and closure about the way forward. They can feel, to whatever extent it is possible, that there is some degree of justice and response in light of what has happened. It is also for the accused. They can go through and see the results of that process. If there is a restorative process that is possible and a process of education, that can begin to happen as soon as possible.

From all points of the situation, there is an interest in ensuring that these things proceed in a timely manner. That is why the Conservatives saw fit to put forward an amendment to have that timeline provision in place. Unfortunately, it was not accepted by the government. Again, we cannot win them all, especially in opposition.

However, I appreciate the opportunity our members at committee and others had to get the government to see sense in a number of areas, to see the opportunity for improvements, and to bring about those improvements to make Bill C-65 a stronger bill.

Canada Labour CodeGovernment Orders

May 7th, 2018 / 5:40 p.m.


See context

Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, I thank the colleague we just heard from and whose time it is my pleasure to share.

God knows that my hard-working colleague is well known in the House. He always has strong opinions about everything that goes on here in the Canadian political arena, and that is a good thing.

I am very pleased to give my full support to the bill. This is an important piece of legislation, and I am very proud to rise today and talk on behalf of my colleagues and my party to support the bill. We are talking about a very serious issue. We are talking about harassment and even violence here in our precinct, in the House of Commons and the Senate, the Parliament of Canada. If there is a place where we should respect each and every one, it is in the Parliament of Canada. We should be very good on that. We have to be very sincere. We should lead on addressing harassment and violence here in Canada.

Our party has always supported and will continue to support this bill. That is the case for the government, the second opposition party, and the people of the other parties represented in the House of Commons, and it is done in a spirit of non-partisanship. Just because we are non-partisan does not mean that we say “yes” to everything. On the contrary, our party, and others as well, made changes and proposed amendments because it is vital that this debate be devoid of any political partisanship. I am sometimes partisan. That goes with the job and there is nothing wrong with that. However, in such matters, we must say “no” to partisanship.

Our party's main concern was the protection of victims. In cases of harassment and violence, there is the aggressor and the victim, and either one can be male or female. All too often, the aggressor receives a great deal of attention. However, we must think first and foremost of the victim and of the courage it takes to testify and help ensure that this sad reality is eradicated one day. We can all have our dreams.

What is it about? Let us read the first change to the law, the first subclause of Bill C-65 on harassment and violence. It is rather important because every word matters in laws and especially when a law is on harassment and violence. We have to know the meaning of harassment and of violence. The text of the bill reads:

...means any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment.

With this very clear and very specific definition of harassment and violence, we have a better sense of what we can do when this sad reality occurs in our political world. Before getting into the details of this legislation and the amendments that our colleagues proposed under the guidance of the hon. member for Bellechasse—Les Etchemins—Lévis, who is our shadow minister for this file, I want to make a distinction.

As said earlier, it is quite important for the House of Commons to lead on addressing harassment and violence, because we can lead. Just because we are talking about it here does not mean that 500 yards from the Parliament of Canada there is no harassment and no violence. Unfortunately, this tragedy occurs in each and every part of our country. It has no language, no race, no religion, and no age. It is in each and every province. We have to address this difficult situation in every part of the country. We do not have to close our eyes to the reality because unfortunately, the stupidity of mankind has no barriers, no roots, and no language.

It is important to note that, unfortunately, a lot of emphasis, and rightly so, is being placed on the political realm. However, just because we are focusing on our political world, it does not mean that this does not happen elsewhere, and so much the better if the Canadian Parliament leads the way in the fight against harassment and violence.

Let us look at the amendments that our parliamentary group proposed to improve this legislation, which was excellent from the outset and will be even better with the approved amendments. First, we must avoid political interference. We have to understand that the world of politics is a unique place. Indeed, it can be conducive to this type of situation. Why? Because the politician is the boss.

Politicians hold all the power over their employees—professionally speaking, of course. They can fire people on the spot with very little warning. That is part of the political reality. Our schedule is also very unusual, to say the least. In fact, it is not an unusual schedule, but rather there is no schedule. In politics, we are working as soon as we open our eyes in the morning. It is as simple as that. There are not really any clear rules to properly frame the work, since in politics we work 24 hours a day, even more so with today's social media.

I have been politically active for 10 years now, and I often like saying that the thrill of politics is that there are no Mondays. As many people know, going back to work on Monday can be difficult, because everyone is fed up and not very excited about their job. We, however, work seven days a week, so we have no Mondays, and that goes for all the parties. That is a plus, and I am glad to say so. Lastly, we must not forget that these are often young employees in precarious positions. All these factors combined can lead to violence and harassment problems.

I would also like to talk about human nature, which unfortunately is not always pretty. There may be times in our political careers when we experience certain frustrations and things do not go as planned. People who are in a position of authority but are not particularly smart sometimes use that as an excuse to take it out on their staff. It is completely despicable, disgraceful, unacceptable, disgusting, and contemptuous, but it does happen. Since this is an environment where there are no protections, with unusual schedules, where people are young and in precarious situations, unfortunately, some truly reprehensible abuses can occur. However, human stupidity is not exclusively a feature of Canadian politics.

We must therefore avoid political interference and allow for reasonable time frames. It takes time for victims to find the courage, honour, and dignity to lodge a complaint and to do what is necessary. It does not happen immediately. We must understand that this is painful and stressful for these victims. This is why we believe that they should have the time to find the courage to start the process—enough time for this process to play out in a proper, positive, and smart way. This is also why we decided to extend the time limit to file a complaint. Victims cannot always do so right away; they must be given the time.

I now want to talk about mandatory training for all members of Parliament, which is extremely useful. This is a good one. Three weeks ago, I attended a training session with many of my colleagues. It was quite interesting. We were all put into situations to see how we would react. This helped us learn whether a given person would react properly to a given situation. This opened a discussion, and my colleagues shared their thoughts. Sometimes, people shared a personal experience. It caused us all to reflect.

There is no such thing as a perfect training, of course. It is not like in mathematics, when you have 1 + 1 = 2 and this never changes. It is not easy to provide training on harassment and violence, but everyone benefits from mandatory training when we all share our own experiences, and this is very good.

Given that cyber-bullying exists and is evolving, whereas it did not exist 10 years ago, it is quite normal to include this sunset clause, which allows for a more in-depth analysis of the situation in five years. It is a great idea and I congratulate my colleague who thought of it. There is greater awareness of harassment over cellphones. We see it, we hear it, we observe it, and we acknowledge it. So much the better. We do not know what technology will be like in five years, but we do know that harassment and violence could still be present in our society. That is why it is important to study this again in five years.

In closing, I am very proud to support this bill and very pleased to participate in this debate. It is quite remarkable to see each and every one of us, from every party, working together to bring forward good ideas and supporting this legislation. In five years, we will have the opportunity to give it new impetus and do our best to eradicate violence and harassment here, in Parliament, and to set an example for all of Canada.

Canada Labour CodeGovernment Orders

May 7th, 2018 / 5:50 p.m.


See context

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I always enjoy my colleague's comments related to different pieces of legislation. I do not necessarily agree with all of them, but in this case I do agree in many ways with what my colleague is saying. He says this is not a regionalized problem. It is in fact a national issue, and it has no borders in terms of ethnicity, faith, or any other characteristics. We believe we should be doing more in terms of providing leadership from Ottawa, and we expect other jurisdictions, private, profit, non-profit agencies, to also demonstrate leadership on issues such as this.

Five years from now, we know it will be coming back to us. This is a social issue that continues to grow as the public demand is there. How does the member see the issue continuing to develop, as the public wants us, as legislators, to do more to address this very important and sensitive issue?

Canada Labour CodeGovernment Orders

May 7th, 2018 / 5:55 p.m.


See context

Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, it is always a pleasure to answer a question from my colleague from Winnipeg. Even though sometimes we disagree, we totally agree on this piece of legislation. We also agree that there is strong support from all of us here for the Winnipeg Jets tonight. I hope they will wrap up this thing at home. The hon. Minister of Transport supports me in this case, even if last time we had a debate here, he was worried that his hockey jersey was not the same as mine.

In answer to my colleague, because we are public figures and persons, we are recognized by everyone, so we have to be very careful and exemplary in our process. It is because we get a lot of attention that we have to take this opportunity to send a clear message from coast to coast to everyone, whatever their age, language, race, or religion, to be serious about that. This is a tremendous opportunity that we can take together to send a clear message to all Canadians that harassment and violence will be no more.

Canada Labour CodeGovernment Orders

May 7th, 2018 / 5:55 p.m.


See context

NDP

Karine Trudel NDP Jonquière, QC

Mr. Speaker, I thank my colleague for his very interesting speech. His speeches are always funny with a kernel of truth, which is something I really appreciate in the House.

We had the opportunity to examine Bill C-65 and we have talked about its positive aspects. The study was non-partisan, which allowed us to elevate the debate and I am very proud of that. There are now just a few more minutes remaining in the debate of Bill C-65 in the House.

In committee, we had the opportunity to discuss psychological harassment with the Conservatives. I would like to hear what my colleague has to say about the fact that there is no mention of psychological harassment in the bill. Does my colleague think that it would improve Bill C-65 if the government were to add something about psychological harassment?

Canada Labour CodeGovernment Orders

May 7th, 2018 / 5:55 p.m.


See context

Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, it is always nice to hear from my colleague from Jonquière.

A broken arm is a broken arm, but a broken spirit or psychological wounds can be harder to bear than a broken arm or a scraped leg. Physical wounds heal. However, unfortunately, sometimes the scars from psychological wounds can last a lifetime. That is why it is important to pay even more attention to those suffering from this type of abuse, victims of such misfortune, who in the past or growing up had to deal with psychological abuse and so they were unable to grow and develop as they would have liked because of their psychological pain.

Psychological harassment is a specific type of harassment and violence. It is expressed through people's words, their approaches, their ways of being, the looks they give, their mudslinging, or the way they make a person who is doing his or her best feel inadequate. No one is perfect, but God help those who prey on people who are weaker than them.

Canada Labour CodeGovernment Orders

May 7th, 2018 / 5:55 p.m.


See context

The Deputy Speaker Bruce Stanton

Is the House ready for the question?