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 Post

[Rodger Cuzner, Liberal, Parliamentary Secretary to the Minister of Employment]

Mr. Speaker, when my colleague talks about progressive governments, I think he wants me to share with him just what we have done for labour.

We have repealed Bill C-525 and Bill C-377. We have amended the Canada Labour Code and given federally regulated employees the right to flexible work. We have strengthened occupational health and safety standards and passed Bill C-65. We have ratified the ILO. We have banned asbestos, both domestic and the international trade of asbestos.

I think that is pretty progressive.

Motion that debate be not further adjourned

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

Mr. Speaker, I am grateful for the question from the member opposite. It allows me to reiterate the work we have done in partnership with organized labour to strengthen workplaces and to provide decent work in this country for the most vulnerable workers.

There is no question that our government has made huge strides to actually protect workers in Canadian workplaces. He is right. Since forming government, we have repealed extremely harmful legislation that made it much harder for unions to organize and collectively bargain. We amended the Canada Labour Code to provide additional rights to flexibility for workers and to implement different leaves. We strengthened occupational and health and safety standards for workers so that they would have safe workplaces, something unions have fought for for a very long time. We passed Bill C-65 to protect workers from harassment, sexual violence and violence of all kinds. We ratified ILO Convention 98, which protects the right of workers to collectively organize and bargain.

In Bill C-86, we would modernize labour standards, which would, again, provide basic standards for the most vulnerable, and dignified work in workplaces that oftentimes vulnerable workers struggle in. We are introducing pay equity legislation, which would provide for mandatory assessments of work in federally regulated workplaces and make sure that women receive pay for work of equal value. We have almost doubled the benefits through the Wage Earner Protection Program Act, something unions have talked consistently about needing for those vulnerable workers. Finally, and I do not think it is a small thing, we have taken steps to ban asbestos in our workplaces, something organized labour again has fought for.

We have worked closely with organized labour. We will continue to work closely with organized labour. I am proud of the record of this government.

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

Mr. Speaker, I am pleased that the member opposite wants to talk about the work we have been doing with labour and the support for workers in our country, because in fact there is no question that our government has taken the well-being of workers very seriously.

First, we repealed Bill C-525 and C-377. We passed Bill C-4, which restored fair and balanced labour relations in the country. It made it easier for organized labour to recruit new members and grow their movements. We amended the Canada Labour Code to give federally regulated employees the right to flexible work arrangements and implement different leaves. We strengthened occupational health and safety standards. We passed Bill C-65, which provides federally regulated employees with protection against workplace violence. We ratified ILO convention 98 to ensure the right to organize and to collective bargaining.

Through Bill C-86, we are modernizing labour standards, largely informed by the conversations we have had with organized labour about the most vulnerable workers in our workplaces and the protections they need in a modern Canada Labour Code.

We introduced pay equity legislation. Again, it was appealed for by labour for many years before we formed government. We worked with them to make sure we could listen to those concerns and address something that is fundamentally a right: equal pay for work of equal value. We have almost doubled the benefits from the wage earner protection program.

I could go on. Our government profoundly believes in the rights of workers, especially the most vulnerable workers in our workplaces, and we have worked very well with organized labour to make sure we get those details right.

Postal Services Resumption and Continuation Act

[Ramesh Sangha, Liberal, Brampton Centre, ON]

Mr. Speaker, the purpose of the legislation is to support both parties in reaching an amicable decision, which is better for them both. That is why we made amendments to the law, so it enables both sides to reach an agreement.

We want to use the legislation in the best way, which we have already framed. With our repeal of Bills C-525 and C-377, we amended the Canada Labour Code to make better changes, to give federally regulated employees the right to flexible work arrangements and the implementation of different leaves. We strengthened the occupational health and safety standards and passed Bill C-65 to protect federally regulated employees from workplace harassment.

These changes to the regulations were considered at the time the parties were brought to the negotiating table. They were given all the opportunities.

[Kamal Khera]

Mr. Speaker, as I have stated, I have received many calls, including during our constituency week. I have met with many postal workers. I have also met with businesses, individuals and constituents who have been impacted by the strike. As members know, our government has always supported union workers. There is no question that our government has made huge strides with organized labour and Canadian workers.

Since forming government, we have repealed Bill C-525 and Bill C-377 to restore fair and balanced labour relations. We amended the Canada Labour Code to give federally regulated employees the right to flexible work arrangements, and have implemented different leaves. We strengthened occupational health and safety standards. We passed Bill C-65 to protect federally regulated employees from workplace harassment and violence. In Bill C-86, we are modernizing labour standards to reflect today's workplaces. We are introducing pay equity legislation to ensure fairness. We are almost doubling the benefits of the wage earner protection program.

We have always had the back of labour unions. We have always stood with them. We will continue to stand beside them and support them.

[Dan Ruimy, Liberal, Pitt Meadows—Maple Ridge, BC]

Mr. Speaker, I would like to remind my colleague on the other side that since forming government, we have been pretty busy. I am proud to have worked personally on repealing Bill C-525 and Bill C-377 to restore fair and balanced labour relations. We passed Bill C-65 to protect federally regulated employees from harassment and workplace violence. In Bill C-86, we are modernizing labour standards to reflect today's workplace. We are introducing pay equity legislation to ensure fairness.

It is quite clear that the Liberals cherish the relationship that we have with our labour organizations. It is important we continue to work with them to find better ways to execute what needs to happen.

In this case, as a government, there has to be a time where action has to happen. We are still hopeful that before this legislation is posted, they can come to a conclusion.

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

Mr. Speaker, I apologize for that error.

As I said, we have worked really hard to restore fairness and balance to the labour landscape in Canada. One of the first pieces of legislation we introduced was Bill C-4, which repealed two private members' bills that were intentionally meant to undermine the rights of unions in the country. One bill imposed excessive reporting requirements on unions. The second bill made it harder for workers to unionize. This was important to us. We understand that organized labour support these good middle-class jobs that we talk about so often in this place.

In fact, we have taken other action, prompted by the union movement. We introduced modern labour standards as recently as last month. These are going to work in direct opposition to other Conservative governments that are repealing the rights of workers. We introduced pay equity to ensure women would have an opportunity to receive equal pay for work of equal value. We were successful in passing and receiving royal assent on Bill C-65, legislation on which we worked closely with organized labour, to ensure people were free from harassment and sexual violence in the workplace.

We will continue to work with organized labour to ensure that workers across the country can work for companies and organizations in which they are respected and have decent work.

We have not intervened early because we believe in the collective bargaining process. We have worked with the parties during this labour disruption to assist them in getting a deal with every tool we have. However, we also have a responsibility to all Canadians and to the businesses that drive our economy. When the consequences of a work stoppage become so great that they begin to result in serious or lasting harm, we must act. When a strike or lockout affects thousands, or even millions of people, the government must intervene.

The Canada Labour Code gives the parties in a dispute the right to a strike or lockout and back-to-work legislation should be used as a last resort. We will continue to support the parties through every means possible. As I have said, we still believe a deal is possible.

Canadians can be assured that our government has done everything in its power to help the two parties reach an agreement. We believe in the collective bargaining process. We believe in fair and balanced labour relations. We will continue our work with organized labour to support decent work and middle-class jobs in the country.

[Rosemarie Falk, Conservative, Battlefords—Lloydminster, SK]

The amendment states:

Officers and employees must be provided with appropriate training in matters related to accessibility.

I think this is a recurring theme. Even when this committee studied Bill C-65, we saw the importance of training. It's part of that education component. We should amend this clause so that all officers and employees receive training on accessibility. Even though it seems redundant, and a cliché, even, it's important to make sure we don't make any presumptions or assumptions that people have all the education they need. It's about being able to provide that extra top-up.

(Amendment negatived)

(Clause 33 agreed to)

Royal Assent

[The Speaker, Liberal, Geoff Regan]

I have the honour to inform the House that a communication has been received as follows:

Rideau Hall

October 25th, 2018

The Honourable

The Speaker of the House of Commons

Ottawa

Mr. Speaker,

I have the honour to inform you that Ms. Assunta Di Lorenzo, Secretary to the Governor General and Herald Chancellor, in her capacity as Deputy of the Governor General, signified royal assent by written declaration to the bills listed in the Schedule to this letter on the 25th day of October, 2018, at 3:51 p.m.

Yours sincerely,

Marie-Geneviève Mounier

Associate Secretary to the Governor General

The bills assented to on Thursday, October 25, 2018, were 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 and Bill C-79, an act to implement the Comprehensive and Progressive Agreement for Trans-Pacific Partnership between Canada, Australia, Brunei, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam.

The House will now proceed to the consideration of private members' business, as listed on today's Order Paper.

[Julie Dzerowicz, Davenport, Lib.]

Thank you so much, Mr. Chair.

Thank you so much for being here. I'm glad that we finally have Bill C-77 on the table.

I was very much impacted—and I'm sure many across this country were—by the Deschamps report that talked about the rampant sexual abuse within the Canadian Armed Forces. I know that we have Operation Honour in place. I know that we have Bill C-65. I know that this bill will also be part of helping to address some of the findings in that report.

Could you outline to me how Bill C-77 will help female victims of sexual assault? What improvements in here actually help female victims of sexual assault?

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

Thank you.

Mr. Chair, I can assure you there is no conspiracy here.

Members of the Standing Committee on National Defence, distinguished colleagues, it's great to be here alongside the Judge Advocate General to discuss Bill C-77 and the important changes we are proposing to the National Defence Act. I look forward to answering your questions at the end of my remarks, as always.

As you know, Bill C-77 proposed a number of changes in the National Defence Act and at the heart of these changes it's about our people, the women and men of the Canadian Armed Forces who make the great sacrifices every single day in service to our great country. This includes the military justice system that ensures that victims receive the support they need and deserve and a system that promotes a culture of leadership, respect and honour.

The Canadian Armed Forces members are held to a high standard of conduct and they're expected to uphold and reflect Canadian values in everything that they do. Whether stationed in Canada or deployed around the world, we ask a lot of them every single day, so we have a responsibility to ensure that the rules that guide their conduct are transparent, equitable and fair. These rules must reflect the current times and must be aligned with the Canadian values and those of the Canada civilian criminal justice system.

Much of what is within Bill C-77 is an extension of work that our government is already doing to ensure that a more victim-centred approach to justice; to build on Bill C-65, our government's legislative against workplace harassment; to strengthen truth and reconciliation with indigenous peoples; and to change military culture through Operation Honour in order to ensure the Canadian Armed Forces is a respectful workplace of choice for every Canadian.

I'd like to take a moment to expand on the importance of Operation Honour. As many of you know in this room, Operation Honour aims to eliminate sexual misconduct in the Canadian Armed Forces. Both I and the chief of defence staff have been very clear that we have a zero tolerance for sexual misconduct of any kind in our Canadian Armed Forces.

Through Operation Honour, we have introduced a new victim response centre, better training for the Canadian Armed Forces personnel, and easier reporting. I would also like to note that the Canadian Armed Forces Provost Marshal recently released the result of a comprehensive review of previously unfounded sexual assault cases. Of the 179 cases examined, 23 cases have been reopened and identified for further investigation, and we commend the Canadian Forces National Investigation Service and the Provost Marshal for their work in ensuring victims are heard.

I would also like to acknowledge the important work of the Sexual Misconduct Response Centre, which recently released its annual report. We thank the SMRC for continuing to support Canadian Armed Forces members affected by sexual misconduct. I am also pleased to note that the SMRC is looking at providing case workers to victims of inappropriate sexual behaviour to ensure they have continuous support from when they first report an incident to when their case concludes.

The work of the SMRC has been exceptional, and I know that the victims are being well supported as a result of their efforts.

I would now like to turn to the legislation at hand and highlight Bill C-77 , which will give victims a voice and change our National Defence Act in four important ways.

First, like the civilian criminal justice system, it will enshrine important rights for victims.

Second, it will seek harsher penalties for crimes motivated by bias, prejudice or hate based on gender identity or expression.

Third, it will ensure that the specific circumstances of indigenous offenders are taken into account in the sentencing process.

Fourth, it will reform the manner in which the chain of command administers summary trials.

Bill C-77 proposes the inclusion of the declaration of victims rights in the National Defence Act. This declaration mirrors the Canadian Victims Bill of Rights, which strengthens and guides how we support victims in the civilian criminal justice system.

Specifically, the bill would legislate four new victims' rights within the military justice system. They are: the right to information, the right to protection, the right to participation, and the right to restitution.

In order to ensure victims are able to exercise these rights, they will be entitled to the support of a victim liaison officer, should they request it. These liaison officers will be able to explain how service offences are charged, dealt with, and tried under the Code of Service Discipline.

They liaison officers will help victims access information to which they are entitled, and they will remain available to assist victims throughout their interaction with the military justice system. This ensures victims understand each stage of the process and how they can engage meaningfully throughout. The support they offer will be comprehensive and fair, and it will always be offered in the spirit of preserving victims' dignity.

Bill C-77 also specifically addresses issues of gender-based prejudice and hatred in military service offences and infractions. The bill proposes harsher sentences and sanctions for service offences and infractions motivated by bias, prejudice or hate based on the gender expression of identity. Our women and men in uniform, and those who work and live alongside them, must feel welcomed and respected at all times. The Canadian Armed Forces has zero tolerance for discrimination of any kind. This amendment will better align the military justice system with that principle.

On that note, the defence team has been working hard, through programs like the positive spaces initiative, to help create inclusive work environments for everyone regardless of sexual orientation, gender identity or gender expression. I commend them for their work on this initiative, which provides training to ambassadors in support of the lesbian, gay, bisexual, transgender, queer and two-spirited community members who work with us every day.

The next change I would like to focus on is how we propose updating the military justice system to better reflect the realities of historic injustices inflicted upon indigenous peoples. In the civilian criminal justice system, the Criminal Code mandates that judges must carefully consider circumstances during sentencing. Specifically, for all offenders, they must consider all available sanctions other than imprisonment that are reasonable under the circumstances and consistent with the harm done to victims or to the community. This principle is to be applied with particular attention to the circumstances of indigenous offenders. It is our shared responsibility to repair and renew our relationship with indigenous peoples. As our 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.

By incorporating these considerations into sentencing, this legislation will ensure that our Canadian Armed Forces and our government continue on the right path forward. This is one of the elements that distinguishes Bill C-77 from similar legislation introduced by the previous government in the dying days of the 41st Parliament. I believe this addition strengthens this bill, and I'm proud to have it included here. To that end, I trust that I can count on everyone's support to get this legislation passed in a timely manner.

The last significant area of change brought about by this legislation relates to the summary trial process. The JAG can speak to these changes in greater detail, but I want to quickly address the changes and their effects, as well. To date, minor breaches of military discipline have been handled through summary trials. Our proposed legislation would implement a non-penal, non-criminal summary hearing process to replace the summary trial system. This change would ensure that minor breaches of military discipline are dealt with efficiently, while maintaining the fairness of the overall system.

An example of a service infraction that could be caught up by these changes would be something like being absent without leave, or AWOL for short. It is these types of offences that we are looking to address with this legislation. It also demonstrates trust and confidence in military leaders who can address minor breaches of discipline at their level.

Taken together, these changes proposed through our new legislation are important in modernizing the military justice system and maintaining its responsiveness toward breaches of military discipline.

Our Prime Minister gave me a mandate to establish and maintain a workplace free from harassment and discrimination. Our defence policy—strong, secure, engaged—emphasizes the importance of looking after our women and men in uniform and ensuring that victims are supported through the military justice system. That is why I'm extremely proud to be speaking to Bill C-77 today. Not only will Bill C-77 ensure that our Canadian Armed Forces members are protected by a military justice system that keeps pace with Canadian concepts of justice, but it will make sure victims are supported and heard.

I look forward to the committee providing a full review analysis of this legislation, and I look forward to your questions.

Thank you very much.

Canada Labour Code

[John Barlow, Conservative, Foothills, AB]

Madam Speaker, I think it is clear that all parties are going to support Bill C-65. It is an important step forward. However, the communication that goes around Bill C-65 is also important when we are sending a message to Canadians that we are taking a leadership role. When it comes to addressing harassment and sexual harassment in the workplace, it is also important that we tell Canadians that there is a level playing field, that every single Canadian, no matter who they are, whether a cabinet minister, a prime minister, or a supervisor in a workplace, will be treated the same as everyone else.

However, what we have right now appears to be “Do as I say, not as I do”. The Liberals are not practising what they preach. I would like my colleague to talk about how important it is that we tell Canadians that no matter who they are, they will be treated equally when it comes to sexual harassment in the workplace.

[Kelly Block, Conservative, Carlton Trail—Eagle Creek, SK]

Madam Speaker, I welcome the opportunity to rise today to speak to the motion by the government in response to the Senate's amendments to Bill C-65.

I am pleased to see that the government took a judicious view of the amendments, accepting those that strengthened the bill in combatting harassment and violence in federally regulated workplaces, while respectfully declining those that would have caused the bill to be imbalanced or that could be better dealt with through regulations. The government's thoughtful review of the amendments proposed by the other place have ensured that I will be supporting its response.

Recently, I spoke out here in the chamber against violence in our political discourse, stating that it had no place in Canadian society. I feel just as strongly about violence and harassment in our workplaces. They have no place in Canadian society or within Parliament. We have been working in recent years to move toward addressing these issues with the gravity they deserve.

The Conservative Party has a long and proud tradition of standing up for the rights of victims of crime. Our previous Conservative government passed the Canadian Victims Bill of Rights, ensuring that the most vulnerable Canadians could still receive justice. I am happy to see that Bill C-65 follows along that same path set by the previous government, proposing legislation that seeks to prevent incidents of harassment and violence and ensure additional protections for parliamentary staff.

In some ways, this proposed act would continue the work that I and other members of Parliament undertook in the previous parliament through the all-party subcommittee on a code of conduct for members. In that subcommittee, we struggled with the balance between parliamentary privilege and responsibility, between holding to account and respecting privacy, and between the rights of the accuser and the rights of the accused. Due to my time on that subcommittee, I understand the complexity of these questions.

For most workplaces, these issues are difficult enough. Clearly, Parliament is far from a typical workplace. Our workplace is unique. As such, it can be ripe for abuse, and for far too long, victims of harassment and violence have felt that they had no recourse. The bill before us seeks to rectify this problem and would provide legal recourse and protection to MPs' staff as well as to other victims.

Recent events have made it clear that a rigorous process needs to be in place to ensure that all are treated equally. Our democratic system of laws demands that justice be blindly executed and that all face consequences for their actions, whether that person be the pauper or the prince. Is this currently the case? If I may make an observation about the party across the floor, it does not appear to be.

I fear that the Liberal Party has become the party of virtue signalling. The Liberals will readily say the right words, or more often, the words that sound nice in theory but fail in reality. Their actions do not match their platitudes. They are willing to create a rule and to then apply it unequally, as the need may be. At times, they have gone so far as to ignore their own rules, as was a recent case with the Prime Minister. In that case, there was one set of rules for the members of his caucus when it came to accusations of harassment and another for him. That is far from fair, far from feminist and far from just.

I know that I am not alone in wanting better from those in power. It is for this reason that I welcome the clarity Bill C-65 would bring to this process. No one, no matter who they are, should ever escape the consequences of their actions because of the title they bear.

Bill C-65 would ensure that every victim would be given due process and that the rights of the accused would be protected. Canadians want a fair process free from interference, free of innuendo and blind to power. I am happy to see that all parties worked together to ensure that this would be the case by amending the bill in committee.

Prior to the amendments, as my colleague, the member for Lethbridge, pointed out in her remarks at second reading, the bill granted a great deal of power to the Minister of Employment, Workforce Development and Labour. Those powers included the ability to choose when and if to begin an investigation.

We could see that this was an issue. Not only must investigations be free from political interference, they must be free from the appearance of political interference. Canadians must be completely confident that justice is served to all, or our justice system, as a whole, loses legitimacy.

Other powers originally granted to the minister included the power to subpoena personal and professional material in the offices of any member of Parliament under investigation. This could have included confidential political documents regarding internal party policy discussions. It is not hard to see how these powers could be misused.

We can all agree that allegations of harassment are sensitive and require the confidence of all participants in the process. Both accuser and accused must believe that the highest priority of the investigation is to find the truth.

The placement of so much power over an investigation in the hands of a political operative weakened the bill greatly. The victim's voice would be drowned out in political debates. I am pleased to see that the committee worked together to address this very serious concern. The power would no longer be in the hands of the minister but would be in the hands of the deputy minister, a non-partisan civil servant. I believe that this change would ensure the integrity of not only the investigation process but of our political process as well.

The bill would apply not only to Parliament Hill but to all federally regulated workplaces. I am pleased to see that the government accepted an amendment from the other place that would ensure that the person to whom complaints would be made would be required to have proper training, knowledge and experience in dealing with harassment. The amendment would give additional strength to the enforcement of the bill, as every federal employee would have an expert to turn to when faced with violence or harassment.

Much of the conversation around this act has focused on the after-effects of harassment and violence, or the allegations thereof. However, I am also pleased to see that an amendment was accepted during the committee stage to add mandatory sexual harassment training. The enactment of this training moves beyond reactive responses to harassment and instead seeks to prevent harassment from taking place in the first place.

I would once again like to congratulate my colleagues in this place and the other place for all the work they have done to ensure that Bill C-65 would be able to combat workplace violence and harassment effectively. I will be supporting the government's response to the amendments, and I look forward to seeing this bill become law.

[Todd Doherty, Conservative, Cariboo—Prince George, BC]

Madam Speaker, my hon. colleague has come to this debate in a very respectful way, asking all parties great questions. Whether in the private sector or when I was a coach for a long period of time, we go through harassment training. I believe it should be mandatory. I believe that Bill C-65 has it in there.

I want to touch on one thing. If people are in the private sector, Bill C-65 does nothing for them. It is for government and only 8% of Canadians are employed by the federal sector. If this were truly going to be a historic piece of legislation, it could have been expanded. The government was hoping that the private sector was going to adopt this. If we truly want to be leaders within our country on this subject, we could have put a little more meat to the bill. However, I applaud those who sat around the table, the committee that worked tirelessly and all parties that came up with this piece of legislation. I look forward to seeing what the Senate comes back with.

[Karine Trudel, NDP, Jonquière, QC]

Madam Speaker, as I have said many times, every recognized party in the House has stated their willingness to study Bill C-65 in a non-partisan way. In committee, our three parties worked very hard and very seriously for many hours and we heard from witnesses.

We spent a lot of time talking about training in the workplace, in businesses. Even here in the House of Commons, every member was required to undergo training on harassment, sexual harassment, and bullying.

How does my colleague see Bill C-65 and what could we have done to require businesses to provide training? How could we have helped them have a structure that allows them to have the information they need, but also requires them to provide this training?