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 is from 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. The Library of Parliament has also written a full legislative summary of the 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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-65s:

C-65 (2024) Electoral Participation Act
C-65 (2015) Support for Canadians with Print Disabilities Act
C-65 (2013) Respect for Communities Act
C-65 (2005) An Act to amend the Criminal Code (street racing) and to make a consequential amendment to another Act

Canada Labour CodeGovernment Orders

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

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.

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.

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.

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.

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.

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.

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.

The Deputy Speaker Bruce Stanton

Is the House ready for the question?

Canada Labour CodeGovernment Orders

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

Some hon. members

Question.

Canada Labour CodeGovernment Orders

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

The Deputy Speaker Bruce Stanton

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Canada Labour CodeGovernment Orders

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

Some hon. members

Agreed.

Canada Labour CodeGovernment Orders

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

The Deputy Speaker Bruce Stanton

(Motion agreed to, bill read the third time and passed)

Canada Labour CodeGovernment Orders

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

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, if you were to canvass the House, I believe you will find unanimous consent to see the clock at 6:30 p.m.

Canada Labour CodeGovernment Orders

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

The Deputy Speaker Bruce Stanton

Is that agreed?

Canada Labour CodeGovernment Orders

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

Some hon. members

Agreed.