Bill C-7 (Historical)

An Act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other Acts and to provide for certain other measures

This enactment amends the Public Service Labour Relations Act to provide for a labour relations regime for members of the Royal Canadian Mounted Police and reservists. It provides a process for an employee organization to acquire collective bargaining rights for members and reservists and includes provisions that regulate collective bargaining, arbitration, unfair labour practices and grievances. It also amends the Royal Canadian Mounted Police Act to bar grievances related to the interpretation and application of a collective agreement or arbitral award, which are to be filed in accordance with the Public Service Labour Relations Act.
It changes the title of the Public Service Labour Relations Act and the Public Service Labour Relations and Employment Board Act and the name of the Public Service Labour Relations and Employment Board. It also amends that latter Act to increase the maximum number of full-time members of the Board and to require the Chairperson, when making recommendations for appointment, to take into account the need for two members with knowledge of police organizations.

[Mark Gaillard, Executive Officer and Secretary, Royal Canadian Mounted Police Veterans' Association]

Mr. Chair, honourable members, ladies and gentlemen, good afternoon.

I am Mark Gaillard. I am the executive officer and the national secretary, and the only full-time employee of the Royal Canadian Mounted Police Veterans’ Association.

It is an honour for me to appear before you on behalf of the board of directors and the many thousands of former members and employees of the force, as well as their families, as this association has been doing since 1886. Now retired, I served for a total of 40 years as a regular member of the Royal Canadian Mounted Police, a foreign service officer in the public service, and as a commissioned officer in the Canadian Armed Forces, regular force and reserve. I am also academically trained as a legislative drafter, having graduated with a master of laws degree in legislative drafting through a joint program of the University of Ottawa Faculty of Law and the Department of Justice. So, I love to talk about legislation.

The position of the RCMP Veterans’ Association is unequivocal: the complete removal of clauses 40 and 42 of Bill C-7. The purpose of Bill C-7 is to set up the legislative framework to provide for a collective bargaining regime for members of the RCMP and reservists as directed by the decision of the Supreme Court of Canada. Clauses 40 and 42 of Bill C-7 have nothing to do with this purpose. Although not formally defined as such in legislation, former members of the RCMP are veterans. The service and duties performed by members of the RCMP are not like those performed by other federal public sector employees. In terms of the risk to life and to health, both physical and mental, experienced in protecting Canadians 24/7 in every province and territory and abroad, members of the RCMP are in this respect more like members of the regular force of the Canadian Armed Forces than employees of the federal government. It is for this very reason that both members of the RCMP and the regular force of the Canadian Armed Forces have been excluded from the Government Employees Compensation Act, the GECA. By amending that act, clause 40 of Bill C-7 ends that exclusion of RCMP members from GECA.

Clause 42 of Bill C-7, on the other hand, repeals a subsection of the Royal Canadian Mounted Police Superannuation Act. The RCMP Superannuation Act was first enacted in 1959. The specific subsection Bill C-7 repeals was put in the RCMP Superannuation Act in 1998, in Bill C-12. Because we are the veterans of the RCMP who contributed to the RCMP pension plan over the course of our careers and receive retirement benefits for ourselves and survivor benefits for our spouses and dependants, it is easy to understand why we are very interested in any proposed changes to the RCMP Superannuation Act. RCMP veterans and serving members of the force who contribute to the pension plan today have not been notified, consulted, or advised about the proposed change to the RCMP Superannuation Act contained in Bill C-7. We have had no opportunity whatsoever to analyze, discuss, and provide our considered views on how this proposed change to the Royal Canadian Mounted Police Superannuation Act will impact former and retired members of the force, the veterans, today and in the future. These changes are being made and are being rushed into law without even the pretext of consultation with stakeholders.

This, I submit, is egregious. It flies in the face of the Prime Minister’s mandate letter to the Minister of Public Safety and Emergency Preparedness. As part of a different style of leadership, that mandate letter directed the minister to engage in constructive dialogue with stakeholders, including the not-for-profit and charitable sectors. The RCMP Veterans’ Association is a not-for-profit corporation, first registered as such in 1924.

Ladies and gentlemen, we are deeply disappointed that we must report to you that no such constructive dialogue has taken place regarding clauses 40 and 42 of Bill C-7. The Royal Canadian Mounted Police Veterans’ Association hopes that this committee will see fit to remove these clauses from Bill C-7.

Thank you.

[Staff Sergeant Roy Hill, Assistant Secretary/Treasurer, The Mounted Police Members' Legal Fund]

Good day, honourable members. Thank you for the opportunity to present. I'll try to do this as quickly as I can.

My name is Roy Hill, and I live in St. John's, Newfoundland. You probably gathered that from the accent already.

My service was in several provinces, including Newfoundland and Labrador. I've had over 40 years' experience as a member of the RCMP, and I'm retired.

I had the privilege of serving the RCMP members as their elected labour relations representative for over 13 years in Newfoundland and Labrador. Prior to that I had an additional 13 years as a supplementary representative. Having received several awards during my service, I am most proud of the order of merit of the police forces, MOM, honouring my leadership, exceptional service, and distinctive merit, and also recognizing my contribution to policing, community development, and my commitment to the country of Canada.

Why am I here today? I'm here to speak on behalf of RCMP members, and to ensure they are treated fairly and equitably on any matter that affects their welfare or dignity. Specifically I'm here to represent the 16,500 RCMP members who made a voluntary decision to join and pay dues to The Mounted Police Members' Legal Fund, which since 1998 has been an important component of the RCMP's labour relations system.

I want to describe the extremely concerning and deteriorating situation RCMP members currently face in respect of their basic working conditions. I want to describe the actions that RCMP management is currently taking that are having a significant and detrimental impact on RCMP members, and particularly on their current ability to access any form of collective representation regarding workplace issues; and also the RCMP's serious concerns with the substance of Bill C-7. RCMP members are concerned with the significant restrictions that Bill C-7 will impose on negotiations between RCMP management and the bargaining agent for RCMP members, and the fact that Bill C-7 would place RCMP members under the jurisdiction of the various provincial workers' compensation authorities in respect of occupational health matters.

With the legal fund, and recognizing the need to have the ability to research and challenge issues on behalf of the RCMP members, in 1997 the corporation was struck, separate and apart from the RCMP. The legal fund is totally independent from the RCMP. It is a non-profit corporation that promotes the improvement of members' conditions of employment or work. If the legal fund were not currently in existence, and available to its members, then those members who are facing challenges and request legal assistance to meet those challenges would face financial ruin and possibly the destruction of their character and career.

First, the commissioner has unilaterally cut off the process of automatic payroll deductions for membership dues that fund the work of the legal fund on behalf of the members. This notification came approximately three hours before RCMP management sent out a bulletin to all RCMP members advising them of this significant change. This was done without any discussion or consultation.

Second, the commissioner has announced a plan to replace the current SRR system with a much diminished member workplace service adviser. Under this program, RCMP members will not have any access to a form of collective representation in respect of workplace matters or other issues that may affect their dignity or welfare. Furthermore it will do so until a bargaining agent is certified under the legislative framework.

Why is this serious? It's serious because RCMP members say this is serious business. In the short term, the end of voluntary pay deductions threatens the very existence of this legal fund, and it's been on the go since 1998. RCMP management know that the legal fund depends exclusively on this payroll deduction to fund its work on behalf of RCMP members, and that arbitrarily stopping the deductions will have a dramatic adverse effect on the legal fund and its ability to assist members on their issues. In fact the end of payroll deductions could result in the end of the legal fund. By the way, the staff relations representative you heard from here today, as of February 5, 2016, and until May 16, 2016—that's their elimination date, I call it—cannot advocate on behalf of any member on any issue, and they can not communicate with the media, the Minister of Public Safety, Parliament, the Senate, or the general public concerning any matter related to the RCMP, unless they get express permission from the commissioner.

To summarize, rather than improving RCMP members' ability to exercise their freedom of association, RCMP management's current course of action is to totally eliminating collective representation in the RCMP.

On this basis, the legal fund requests that this committee consider and ensure that the long-standing and voluntary system of automatic payroll deductions for legal fund members' dues be continued. In other words, Commissioner, get it back on track.

This goes to the heart of the matter. We would submit that RCMP's management and this government know how vulnerable the RCMP members are at this time. I've received written correspondence from our serving members of the RCMP saying, would you please pass on to this committee how vulnerable we are right now.

I just related to you some of the actions of RCMP management in stifling any form of representation of members.

Bill C-7 is intended to improve the working conditions of RCMP members as per the ruling of the Supreme Court of Canada. Instead, we have RCMP members across Canada enraged over the contents of this bill. Why are they angry?

One, they're angry because the legislation imposes restrictions on what would be the subject of negotiations in a new labour relations scheme and, two, it would place RCMP members under the jurisdiction of the provincial workers' compensation boards.

Some of the issues that cannot be negotiated in Bill C-7 include staffing levels and postings. Are they large and serious issues? You bet they are. Who is in complete control of these issues? Management. Was there any input from the members of the RCMP in respect of the development of Bill C-7? No.

The only messages that the government hears are those of the commissioner and his senior management team, and I'd describe them as having powerful and unbridled positions. It is not from the grassroots, the women and men who are boots on the ground, 24/7, across Canada, who are serving in locations that no other agency would dare set up an office in unless an RCMP member is present. That's the reality.

Understaffing of detachments and offices is the norm, including the smaller detachments. Officer safety...and burnout are ever taking place, yet RCMP members continue to put themselves in harm's way to protect citizens.

The staffing levels are very much relevant and important, but they can't be negotiated. This makes no sense. RCMP members have to agree to serve anywhere in Canada if they want to enlist in Canada's national police force. This means that throughout one's career you could serve in several provinces and in various locations, but the details of this cannot be negotiated.

In other words, some of the most important working terms and conditions that apply to RCMP members cannot be negotiated under Bill C-7. This is simply unfair and we would submit is at odds with the Supreme Court of Canada's decision.

Health care coverage has been one of the pillars over the decades that attracted people to join the RCMP. It doesn't take long after your enlistment to appreciate that no matter the posting, the health services would be made available with none of the wrangling associated with dealing with provincial compensation boards. The radio talk shows, certainly in my neck of the woods, are flooded every week with calls from irate citizens who are frustrated with provincial compensation boards, the bureaucracy, and the constant struggle to be heard and dealt with fairly, including on their financial losses.

I would be doing a disservice if I didn't bring to your attention, with regard to service in the RCMP and the postings, those who are also a part of the package, as I refer to it. It's just not RCMP members being impacted; we're talking about spouses, partners, families, who are very much an integral part of these postings and where they serve. I know this because I've been there and I know what it is today.

In Newfoundland and Labrador you go across the Trans-Canada and I could tell you the places before you even visit where you've got no cellphone coverage and no radio coverage still in 2016, yet people are putting themselves in harm's way.

The children of these members are impacted largely, big-time. Personally, my three children were in three different schools in one school year. They were. To this day my three adult daughters often negatively refer to this very traumatic experience, which to them is unforgivable. Was it all that long ago? No. Is it still going on today? Yes.

I've read some emails from spouses of members and some of them have written to their members of Parliament. I commend them for doing that. One spouse went on to say the RCMP is a national police force and is unique from all others, and I think that's right on the mark. They deserve to have the benefits under the federal medicare coverage because they are told they will serve anywhere in Canada.

They deserve to be treated fairly at the bargaining table. They deserve to be taken care of when injured in the line of duty, protecting, me, my family, and you and your family, as well as the security of the nation.

Remember, a police officer is a peacetime soldier always at war. The members of the RCMP deserve your support and have earned what benefits that have been promised to them.

Mr. Chair, I hope I'm within time.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

I'll be very quick.

Currently this committee, when it's not doing Bill C-7, is involved in an in-depth study on PTSD and its impact on the RCMP, looking at how to better serve your members. How will this bill impact the ability to treat members suffering from PTSD or operational stress injuries in general? Will it have a positive impact on the ability to treat them quickly or a negative impact?

[Peter Merrifield]

Here's one of the key components to understand, if I may speak, Rae.

The thing with exclusions is this. By default, they're saying that concerning our working conditions or our unsafe working environment we can make a complaint under the Canada Labour Code. That's after the fact; that's after our three members in Moncton were murdered and there were Canada Labour Code charges. That's after four members were murdered in Mayerthorpe and there were reviews by the provincial level and the federal level.

The Canada Labour Code is after the fact: it's after I'm injured, it's after I'm killed. What I want is a system that permits me to be proactive. I want engagement with my management; I want guarantees in my collective agreement. I want to prevent death and injury; I don't want to respond to it as a learning lesson. That is what is unacceptable in the exclusions to working conditions in Bill C-7.

[Erin O'Toole, Conservative, Durham, ON]

I'd like to follow up on that, because that is an area in which I feel the government has struck the right balance.

Mr. Merrifield, you talked about the RCMP and their important role as a paramilitary organization. I think there are certainly problems.... If discipline, operational matters, postings—all of the unique nature of our federal police service, which I'm very proud of—should not be part of collective bargaining, essentially you don't have a chain of command, and you can't be the unique force that you are.

Not that I'm trying to help these guys too much, but Bill C-7 tries to get the balance right. That's my point of view. I don't want to see a unionized military. I don't think you would have thought it would work well when you were in rotary-wing.

I'm going to devote what little time I have to what Mr. Sauvé focused on very well, which is the potential lack of a high standard with clauses 40 and 42.

While I was veterans affairs minister, as someone in the crowd knows here today, I made sure that the veterans association was part of my direct stakeholder advisory group, and I was inclined to the solution you discussed in terms of using the expertise at VAC.

A key concern is whether you have been able to identify provinces in which the standards for workers compensation are not at levels that you feel are sufficient for the RCMP.

[The Honourable Erin O'Toole, Conservative, Erin O'Toole]

Thank you all for appearing and certainly for your service.

The Conservative Party has tried to approach Bill C-7in a way that respects the timelines involved and respects the unique nature of the RCMP, so, unlike Mr. Mendicino, who just talked about harassment, we're focused on clauses 40 and 42. You may have followed our questions on that, and that's where our concern lies.

I was struck though, Mr. Banwarie, that you suggested you are surprised that this is like the PSLRA, but that was what the court case was about. The charter right was that the staff relations program did not provide the charter right, which is kind of why we're here.

A couple of you mentioned that you were part of the staff relations program, the insufficiency of which led to the decision of the Supreme Court of Canada. What specifically with that structure was the inherent weakness, from your point of view, for those who were involved directly in those roles?

[Peter Merrifield]

What they've done with respect to that is the residual management right, which is recognized in labour law. With the residual management right within collective bargaining, there are certain things we could not encroach on, but what is supported within other case law decisions is the speaking to the direct officer safety working conditions so, while they did recede a bit on the 1975-76 decisions with the arbitrators and the court of appeals with regard to two-member cars, when it came to the significant components of officer safety, most of those elements have been upheld and allowed to continue to be in collective bargaining agreements. There is language to support that, which is missing in Bill C-7, even language about collaborative committees. There is not one word in Bill C-7 for a collaborative committee outside of the Canada Labour Code mandatory committee.

[Peter Merrifield]

When it comes to exclusions, I think the models to cite.... I listened to the testimony Tuesday, and comments from both Deputy Commissioner Dubeau, and I believe Minister Goodale talked about Bill C-7 being in alignment with all of the other police associations in the country, but we beg to differ. Two of the largest provinces, British Columbia and Ontario, don't list exclusions. So, yes, in their collective bargainings, within British Columbia the fire services and police act, have no exclusions, absolutely none. Within Ontario, it's listed within section 119(3) of the Police Services Act, where so long as it falls in compliance with section 126, which describes the duties of a police officer, components may be included in collective bargaining.

[Peter Merrifield, Director, Mounted Police Association of Ontario]

As a past president of the Mounted Police Association of Ontario, and a current director, I was one of the original people involved in the application before the courts that began in 2004 and 2005, in the preparatory stages, to be filed in 2006. That application by the Mounted Police Association of Ontario, supported by the British Columbia Mounted Police Professional Association, has led this committee to this room. For 13 years, I have been committed to a piece of legislation whose spirit and intent was to be driven by officer safety and working conditions. This was never an application about pay, benefits, and issues like that.

I would like to tell you briefly about myself so you can understand what, who, and how is addressing you here today.

I am currently a sergeant in the RCMP. For the last three years I have been a member of the internal staff relations program. I have been a member of the Mounted Police Association in good standing for 13 years. I've sat on the board of directors of the Canadian Police Association, and I've been president of the MPAO. I am one of the co-founders and executive chairs of the new National Police Federation, which is another group seeking national certification to represent members of the RCMP. I am also a military veteran, and I proudly served in the Canadian Armed Forces in rotary-wing operations, Mr. O'Toole, just so we are clear. I've stood for Parliament and was the first serving member of the RCMP to run in a general federal election, in 2004. Because I am not on that side of the table, I think you know the outcome.

As a co-chair of the national officer safety committee within the RCMP, as well as a member of the national policy health and safety committee, I have been responsible for representing members of the RCMP on health and safety issues in accordance with the Canada Labour Code and in conjunction with RCMP management. Having had a seat at the table, I have a very good view of what's going on inside.

Because the spirit and the intent of this legislation, when we brought it forward as a legal challenge, were to improve the working conditions of the members of the RCMP, I am very concerned over the exclusions and the very limited scope of collective bargaining that have been included in Bill C-7. Originally, we would have liked to see a Royal Canadian Mounted Police labour relations act. That didn't seem to come to fruition. There seem to be remnants, from our management and whoever was involved in drafting the legislation, that seem to mirror the former Bill C-43. We have to work with what we are given, and as an appellant before the courts I appreciate the very strict timeline that this committee has been given to try to generate this.

As a result of that, and my having been one of the people who compiled this, there really was an overwhelming desire to improve officer safety and working conditions. Our application sought rights and the ability to influence and determine our working conditions. Once it was submitted, we fought for nine years before the courts, at every level: Ontario Superior Court, Court of Appeal, Supreme Court of Canada. We sought to right a wrong, which is often what police officers do. Our seeking to right that wrong was to seek the fundamental rights that every other Canadian had, that every other police officer in the country had, and that was to have a say in our working conditions, to be entitled to legally supported collective bargaining.

More than a year after the decision by the Supreme Court, it would appear that the legislation presented by way of Bill C-7 does not embrace the spirit and intent of the MPAO/BCMPPA application, nor of the SCC decision itself. The intention of the SCC included a key word, which I often do not hear repeated, and that is the word “meaningful”. It was to include choice and independence, to guarantee that we were able to participate in meaningful collective bargaining.

I am somewhat concerned that the input provided to the committee has relied heavily on the management perspective of the RCMP, because this bill, this legislation, is about empowering the members of the RCMP. Because of the information you've been given by management, I feel that—if I can use a euphemism here—somehow the foxes have installed a security system in the henhouse, if you will. I'd like you to consider what matters. When our officers are safe, the public is safe, and that is your responsibility as elected officials.

Now, I had very short notice to appear at the committee. Part of that was my fault. I have a written submission that I will be providing to the clerk through the weekend. It is important you realize that some things that were brought up at the meeting the other day.... I have put my position in the RCMP at risk speaking to you today, and I have brought the signed order of the commissioner of the RCMP with me, if you wish to see it.

That would be my timer, so I would stop at this point and answer any questions you like.

Mr. Sauvé.

[Leland Keane]

Thank you very much, Mr. Chairman. Absolutely.

I'll draw your attention to clause 40 of Bill C-7, the Government Employees Compensation Act. We would like that section struck. We have a situation that's dealt with internally by the RCMP management. Our members overwhelmingly do not want to be subject to provincial workers' compensation boards. Witness our recent survey, which we can provide to you.

We also have concerns regarding the clarity of the terms regarding affiliation under the PSLRA. It's too vague. There are some charter issues there with the association under the charter. “Affiliation” is not defined and can be used once we have certified, even against us in that.

What we seek in Bill C-7 is that the term “affiliated” be more specifically defined in order to give better guidance to the employee association, which would be allowed to certify.

I think that pretty much covers what we have. I draw your attention to our brief, and we certainly do welcome questions regarding any of those issues in our brief.

[Leland Keane, Board Member, Mounted Police Professional Association of Canada]

Mr. Chairman, honourable members of the committee, thank you for inviting me here to speak.

My name is Leland Keane. I'm a director of the Mounted Police Professional Association of Canada, also known as MPPAC.

I've been involved in the pursuit of collective bargaining for members of the RCMP since 1995. I would like to draw your attention to page 4 regarding discipline in part of our brief.

We have concerns with Bill C-7 about the adequacy and independence of the current process regarding discipline. The commissioner has the authority for appointing conduct authorities and conduct boards, but the appeals from these bodies are decided by the commissioner. The procedure lacks any independence from the RCMP commissioner.

In comparison, Ontario, for instance, has the Ontario Civilian Police Commission, which is much more independent. The first level of decision there on most misconduct issues is decided by the chief of police. Under section 87 of the Ontario Police Services Act, police officers or complainants can appeal that decision with the Ontario Civilian Police Commission, which is appointed by that lieutenant-governor. Further appeals would go through divisional court under section 88.

MPPAC calls upon the government to amend the current RCMP procedures for code of conduct and discipline matters to ensure a greater level of independence from the RCMP commissioner. We would like to see some civilian oversight.

On this fair dispute resolution process, RCMP members are precluded from striking. It's also in MPPAC's constitution. We don't want or seek the right to strike. Binding arbitration is vital to replace that process to make it fair and independent, which replaces our constitutional right to strike.

We have serious concerns about fairness and constitutionality of this dispute resolution in place. We understand the necessity for attracting and retaining personnel and Canada's fiscal circumstances, and the government's position is skewed in favour of that position.

In regard to arbitration, we want an arbitrator to independently consider all relevant factors and weigh those. Factors such as classification of employees would be something that we would be interested in having in the collective agreement. RCMP members are not civil servants, and it's not relevant to compare us to other civil servants.

MPPAC would propose such phrases “as between occupations in the public service” be deleted from the arbitrational factors in the PSLRA. We would like to see, on page 5, a paragraph (b):

the necessity of offering compensation and other terms and conditions of employment in the public service that are comparable to those of other employees in similar occupations in the private and public sectors, including any geographic, industrial or other variations that the arbitration board considers relevant;

[The Chair (Mr. Robert Oliphant), Liberal, Rob Oliphant]

I'm calling the 10th meeting of the Standing Committee on Public Safety and National Security to order.

As you know, we are continuing our study, on reference from the House of Commons by order of reference on Thursday, March 24, to study Bill C-7 a bill that all Canadians are concerned about, of course, but there are certain groups more implicated in it than others. We are delighted to have with us representatives from the Mounted Police Professional Association of Canada, the National Police Federation, and the Mounted Police Association of Ontario.

We're going to begin today with a 10-minute presentation from the Mounted Police Professional Association of Canada. It will be followed by a joint presentation from the National Police Federation and the Mounted Police Professional Association of Ontario for 10 minutes as well.

[Erin O'Toole, Conservative, Durham, ON]

Thank you very much, Mr. Chair.

Thank you, ministers, and your departmental officials for appearing here today, and particularly Minister Goodale for your reflections on Constable Beckett. I know that the thoughts of everyone in Parliament and in Canada are with her husband and children and their colleagues.

As you are right to say on Bill C-7, we certainly followed the Mounted Police Association case to the Supreme Court, and it's our intention to try to work with the government on Bill C-7. You'll note that we've said two things that we want to see, as critical to this bill and the discussion around it.

One is the right for front-line members of the RCMP to vote by secret ballot on their own union, which your officials have said to us in briefings is the normal course for public sector unionization. We expect to see that, despite Bill C-4.

The other critical piece, and I mentioned this in my speech in the House, is the wellness of RCMP members, particularly with respect to mental health and balancing off their needs. As you know, I was veterans minister for a time. Veterans Affairs Canada administered benefits for RCMP veterans post-release.

I think now is an appropriate time for us to have a complete discussion whenever benefit regimes are being changed, because we learned that in the move to the new Veterans Charter—and both the Liberals and the Conservative governments more or less owned that change—there wasn't enough discussion and understanding of the changes, and that led to a lot of stress.

My two questions will focus specifically on clauses 40 and 42 and some changes. Bill C-7 is now including the RCMP in the Government Employees Compensation Act rather than in the old occupational health regime of the RCMP.

Minister Goodale, you said that this is because it's lacking features such as appeal mechanisms and structural things like that. But for a federal police force, it looks as though this is the outsourcing of a single federal force to ten different provincial standards across the country, through workers' compensation.

Can you explain to us how that will ensure a high standard for members of our federal police force?

[Scott Brison, Liberal, President of the Treasury Board]

Thank you, Mr. Chair, thank you to all members of the committee, and thank you, Minister Goodale.

I'm pleased to be here with you today and to have the opportunity to discuss with you Bill C-7, which would amend, of course, the Public Service Labour Relations Act to provide for a labour relations regime for members of the RCMP and reservists.

It is an important piece of legislation designed to uphold the constitutionally guaranteed freedom of RCMP members and reservists to engage in collective bargaining.

I am delighted, as always, to be joined by my colleague Ralph Goodale, Minister of Public Safety, and his officials. Joining me at the table from Treasury Board Secretariat is Manon Brassard, assistant deputy minister, compensation and labour relations, and Dennis Duggan from labour relations.

After my remarks, Minister Goodale and I look forward to your questions and a productive discussion on this bill.

As you know, we inherited a situation from the previous government that required us to move quickly to address the Supreme Court's decision, which was made public on January 16, 2015. In that decision, the court said that the current labour relations regime for the RCMP was unconstitutional because it interfered with RCMP members' freedom of association.

There are two key elements of the existing regime governing RCMP relations. First, RCMP members are currently excluded from the application of the Public Service Labour Relations Act. The result of this exclusion is that they are not allowed to bargain collectively and have no recourse to arbitration as part of that.

Second, the existing regime imposes on members a specific form of employee representation called the staff relations representative program. The aim of the program is that at each level of hierarchy, representatives and management consult on human resources initiatives and policies, with the understanding that the final word always rests with management. This program currently is the only form of employee representation recognized by the RCMP management.

Bill C-7 would respond directly to the Supreme Court decision by rectifying the elements of the RCMP labour regime that the court found unconstitutional. The bill would remove the exclusion of RCMP members from the definition of employee in the Public Service Labour Relations Act.

RCMP members and reservists would have the freedom to choose whether they wish to be represented by an employee organization and, if so, which organization. And this organization must be independent of the influence of RCMP management.

As a result of this bill, the constitutional freedom of RCMP members and reservists to engage in meaningful collective bargaining would be enshrined in a labour relations statute.

Under the previous government, there were consultations with RCMP regular members in the summer of 2015—in fact, much of that consultation would have been during the election, too—and an online survey and town hall sessions, so that their views could be incorporated and taken into account in developing this bill. More than 9,000 regular members completed the survey, and more than 650 people participated in the town hall sessions.

Most regular members who participated in the online consultations said they supported the idea of a unionized RCMP. They also showed a strong preference for a labour relations regime that would use binding arbitration without the right to strike as the mechanism for resolving impasses in bargaining. In addition to that, regular members showed clear support for the option of representation by a single national employee organization whose primary mandate would be the representation of RCMP members.

The bill reflects these preferences. First, it requires that there would be a single national bargaining unit composed solely of RCMP members and reservists. Second, it requires that the bargaining agent have as its primary mandate the representation of RCMP officers. The bill also establishes independent binding arbitration as the dispute resolution process for bargaining impasses, with no right to strike.

I'd like to take this opportunity to review a few other key features of the bill.

Similar to existing provisions in the Public Service Labour Relations Act, the bill proposes to exclude from representation RCMP officers from inspector to commissioner level, as well as other managerial and confidential positions. The Public Service Labour Relations and Employment Board will be designated as the administrative tribunal for matters related to RCMP member and reservist collective bargaining, as well as for grievances related to a collective agreement. In making recommendations for employment to that board, the chairperson must take into account the need to have at least two members with knowledge of police organizations.

Mr. Chair, during the second reading a number of members spoke about the methods by which unions can be certified and about whether to allow for a choice between a vote and a card check, for example. The bill we're studying today is entirely and intentionally silent on this issue. That's because we want to ensure a consistent approach for all employee associations. The government has introduced a separate piece of legislation, Bill C-4, to address this issue and restore a fair and balanced federal labour policy. It is being considered by the committee known as HUMA. It's our belief that discussions on union certification methods are better suited to and within the scope of the consideration of Bill C-4.

Mr. Chair, we believe this is a historic opportunity to give RCMP members and reservists their independence and freedom of choice in labour relations matters, while recognizing the unique operational reality of policing.

We value your committee's role in the legislative process. We believe that the role of Parliament and parliamentary committees is vitally important, and we're looking forward to the discussion and to your considered examination of this important piece of legislation.

Thank you.

[Ralph Goodale, Liberal, Minister of Public Safety and Emergency Preparedness]

Thank you, Mr. Chair and members of the committee.

It's a great pleasure to be here with my colleague, the Honourable Scott Brison, President of the Treasury Board, to aid in your study of Bill C-7.

I am joined today by Daniel Dubeau, who is deputy commissioner of the RCMP and chief of the human resources department; Craig MacMillan, the professional responsibility officer with the RCMP; and Kathy Thompson, who is assistant deputy minister, community safety and countering crime branch within Public Safety Canada.

Mr. Chair, we gather for this meeting on the day that the RCMP is laying to rest the late Constable Sarah Beckett, who tragically lost her life in the line of duty a week ago today near Victoria, British Columbia.

I know I speak for all committee members and all Canadians when I express our sincere condolences to Constable Beckett's family, her friends, and RCMP colleagues. Thousands will gather in her honour this afternoon, exemplifying Canada's love and respect for her and for her chosen career as a member of the RCMP. We honour her memory.

Specifically on this legislation, Bill C-7, it is encouraging to see a pretty good deal of cross-party support for this bill, at least judging by some of the debate on second reading. On the whole, I think the bill has been acknowledged as a fair and reasonable attempt to respond to the instructions of the Supreme Court of Canada.

At the same time, any legislative change of this scope is subject to questions and concerns, and we have of course heard these as well. We hope that those questions and concerns can be addressed during the committee's study of Bill C-7. As you know, the Prime Minister has been very clear on the important role of parliamentary committees. He has directed the Leader of the Government in the House of Commons to strengthen committee work and ensure that the committees more effectively fulfill their function of scrutinizing legislation. That is the purpose of your hearings today with respect to Bill C-7.

For my part at this meeting, I will briefly discuss the unique role of the RCMP as our national police force, as well as try to provide some background on how this legislation came about and why we need to move ahead on the changes that are before the committee.

Mr. Brison will then provide you with a more detailed look at the nuts and bolts of the bill and the implications of the proposed changes for the current RCMP labour relations regime.

Mr. Chair, as we know, the RCMP plays a policing role that isn't found anywhere else in the world. It is truly unique. That role is international, national, provincial, territorial, municipal. It not only provides federal policing services to all Canadians; it also provides police services under contract to three territories, eight provinces, 150 municipalities, and more than 600 indigenous communities across Canada.

Its mandate is vast. RCMP members prevent and investigate crimes—from petty theft to cyberespionage to terrorist activities, and everything in between. They protect the safety of state officials and visiting dignitaries.

They also work abroad as part of peacekeeping operations and with other law enforcement agencies in Canada and around the world.

That just scratches the surface of what the RCMP is all about. RCMP members are dedicated to their work and to serving Canadians. They must perform their jobs while often facing immense challenges and very real personal dangers. That becomes tragically apparent when we hear the sad news, as we did last week, of that young constable killed in the line of duty in British Columbia. It is important for all of us to support the work of RCMP members and important that we take all proper steps to ensure that they can in fact exercise their charter-protected freedoms, including the freedom of association.

That brings us to the legislation that is before this committee now. As members know, this proposed legislation is the Government of Canada's response to a significant ruling by the Supreme Court of Canada that was rendered in January of 2015. In that ruling, the court held that key elements of the labour relations framework in existence at that time for the Royal Canadian Mounted Police infringed the Canadian Charter of Rights and Freedoms, because those elements substantially interfered with members' rights to freedom of association.

In other words, within reasonable limits, RCMP members, according to the Supreme Court of Canada, are indeed entitled to unionization.

The ruling has broad implications for the government and for the RCMP, and it requires a restructuring of the existing framework that has applied to the force for more than 40 years.

Given the implications of this decision, which as I said was rendered in January of 2015, the court suspended its declaration of invalidity for 12 months. There was a deadline set for new legislation by January of 2016. No visible steps were taken to get things rolling in that regard before Parliament adjourned in June of 2015. Then, of course, as we know, a very long election campaign intervened. During the summer, after that long campaign had begun, government officials undertook some important basic consultation with both RCMP members and with the jurisdictions across the country that constitute the contract partners for the RCMP to get a sense of how the government should respond to that outstanding Supreme Court decision.

After the government changed in November, we went back to court to get a little bit of extra time to make it possible to respond in an orderly fashion, and the court provided an extra four months. That takes us to May 17, which is the deadline for getting the new legislation in place. We have tried to move quickly and responsibly in this regard.

Mr. Chair, I thank you for your encouraging view of the work of the committee: that the committee would hopefully be in a position to give this legislation its consideration and report to the House in a timely manner.

Officials at Public Safety Canada, the RCMP, and the Treasury Board have worked very hard to develop a sound legislative proposal to put before you, one that responds not only to the court decision but that also takes into account the views and preferences that were gathered from RCMP regular members themselves during the consultation process that I referred to. We want a bill that reflects the unique role and the operational nature of the RCMP.

Importantly, this bill provides members with a constitutionally sound labour relations regime, one that allows members the freedom, if they so wish, to choose to be represented by an employee organization and to bargain collectively through that employee association to address their labour needs with the employer. This is the same freedom of choice that is enjoyed by all other police forces in Canada.

It is crucial that we respond in a timely manner to that Supreme Court decision in order to respect RCMP members' charter rights and to provide members with legislative certainty about their labour relations future. If we don't respond by May 17, on that date the existing Public Service Labour Relations Act will come into effect and apply to members of the RCMP, so it's important that we intervene before that date.

The Public Service Labour Relations Act in its current form does not fully accommodate the concerns and interests of RCMP members or their operational reality. That said, I can assure committee members that we are committed to proceeding with a complete and thorough study of Bill C-7. We welcome open discussion and healthy debate on the proposed elements of the bill, and we are eager to hear from experts and stakeholders who will appear before the committee to provide their input.

I would like to touch on one important element of the bill, which has to do with the question of occupational injuries. I know this has been of interest to some members of the committee.

By way of history and background, on April 1, 2013, at the request of provincial contracting partners the previous government moved the RCMP members' non-occupational health care needs to provincial and territorial health care systems, but for reasons of the day, occupational-related injuries remained with the RCMP management to adjudicate and handle. A temporary program internal to the RCMP was set up to administer those occupational claims.

That temporary program lacks important features, such as a robust, independent adjudication methodology and an appeal structure. The employer should not be the final arbiter of whether the injury of one of its workers occurred on the job. An arm's-length arbiter, such as provincial workers' compensation boards are, can better provide professional, independent adjudication on any such claims, along with an established appeal procedure. The provincial boards also have experience with police-related injuries, as most municipal and provincial police currently access occupational claims coverage through provincial WCBs.

Finally, I would like to touch briefly on the issue of harassment, which I know members of the committee have been interested in as well, and mention three things.

Number one, I have taken under review the cases of four RCMP employees alleging harassment that are currently before the courts. You may recall that this issue became a matter of public discussion shortly after the election campaign. Both the Prime Minister and I undertook to review those cases, and that work is under way.

Number two, on February 4, 2016, I invited the Civilian Review and Complaints Commission for the RCMP to undertake a comprehensive review of the RCMP's policies and procedures on workplace harassment and to evaluate the implementation of the recommendations that the complaints commission itself had made in 2013; in other words, what progress has been made from the last report of the complaints commission.

Number three, you will recall the incident that occurred this winter at the Police College. The commissioner has launched a full investigation of that matter. He has invited Paul Kennedy, the former complaints commission chair, to act as an independent monitor of the situation at the Police College, and we are awaiting the report from that review and from Mr. Kennedy.

Finally, Mr. Chair, I can assure you that other steps will be taken as well to deal with the difficult and troubling matter of harassment.

On that note, I will end my remarks and ask my honourable colleague, Mr. Brison, to provide a more detailed overview of Bill C-7.

Thank you, Mr. Chair.