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.

Motions in Amendment

[Alexandre Boulerice, NDP, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I am rising to respond to my Conservative colleague's comments.

As part of the union accreditation process, secret ballot voting is always a tactic used by employers or management to lower the success rate of the unionization process. Signing a membership card respects the rights of individuals who want to become part of a union that will represent their interests and who want to have the ability to negotiate a collective agreement.

I would like my colleague to explain why he supports a process that systematically reduces the chances of the unionization process succeeding, as proven by university studies.

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Mr. Speaker, I am appealing to my hon. colleague's sense of democracy. Why would there be a lower rate of unionization with a secret ballot? It may be because people do not want to unionize. Perhaps it is the reason because perhaps it is the reality.

MPs were all elected by secret ballot. Should we challenge the authority of people elected by secret ballot? Not at all. My hon. colleague faced very strong opposition in his riding. He won because he did his job well and that is how people showed the choice they wanted to make. We cannot have varying degrees of democracy.

We believe that the best way to ensure solid, strong, authoritative and clear accreditation of a group is by having a secret ballot. Voting by signing a card can result in people being influenced. When a person is in a voting booth, they vote with their conscience. If there is less unionization with secret ballots, it may be because people do not want to join a union.

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

Mr. Speaker, I would like to thank my colleague for his great remarks today in the House, and reminding all members that we are indeed here as a result of the democratic process that involves a secret ballot to show the will of the people, unburdened by pressures, their own vote, as it were.

The important thing to remember is that we are here on Bill C-7 as a result of a Supreme Court of Canada decision brought by an association challenging the inability under the Public Sector Labour Relations Act for the RCMP to form a union. However, the front-line men and women in uniform across the country have never actually had their say on this process.

I would ask my colleague to weigh in on the fact that Bill C-7 is the government once again denying the right of the rank and file members to weigh in on this process, which many have concerns about, and the secret ballot vote would allow everyone to have their say.

[Gérard Deltell, Conservative, Louis-Saint-Laurent, QC]

Mr. Speaker, the government failed to recognize the authority of secret ballots. More than that, it missed the great opportunity to create something new, something stronger for our proud RCMP members. If they had a secret ballot vote decision to become unionized or not, and to elect their representatives, the union as a group that will come from that will be stronger, more accurate, more responsible, and in front of the government, will have more authority than what is proposed.

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I think it is important not to let the debate on an amendment that has to do with harassment and whether or not RCMP members would be allowed to bring issues of harassment to the bargaining table to get derailed by questions of process on certification. There will be time for that in the debate. There has already been a lot of discussion around that. There will be more opportunity for discussion on that at third reading. I would say, because what I have not heard in the arguments of some members is why a different rule should apply to RCMP members than a rule that will be applying to other Canadian workers who are federally regulated. The place for that debate is on Bill C-4, which will be coming back to this House, as well.

I just want to take some time to talk about however RCMP members get there, if they get there, to have a certified bargaining agent, the question we are talking about now with respect to this amendment is what that bargaining agent is going to be able to bring up at the bargaining table. That is the important issue, I think, with respect to debate on this amendment. I am pleased to rise in support of this amendment.

Members who have been following this debate closely will know that I argued at committee, with the support of my caucus, for an even greater lessening of restrictions on collective bargaining because we think that is required, frankly, in order to honour the spirit of the Supreme Court decision that was taken.

That ruling, and we actually heard quotes from that ruling from the hon. parliamentary secretary earlier, says very clearly that part of the impetus and reason for the kind of freedom of association that is guaranteed as a charter right and thereby also guarantees collective bargaining is that workers have to be able to have a meaningful recourse within their workplace and a way to identify their own priorities to bring them to the employer and to have a shot, I guess is the really informal way of putting it, at having some success.

If we are going to bring a bill forward that says for all the many reasons that RCMP members sustain a protracted court battle in order to get collective bargaining—those have to do with workplace safety and health; they have to do with the topic of this amendment, which is harassment and conduct within the workplace—if we are going to bring forward a bill in response to that decision that says, “Okay, fine. You have collective bargaining on paper but you can't bring any of those issues to the table. We don't even care what your proposals would be. We don't care how reasonable they would be. Before we know even what they are, we're going to rule them out of court through this legislation”, I think it does a real disservice to the Supreme Court's ruling. I think it does a disservice to members. I think it is a reason why, if we do not relax these exemptions, we are going to see, in very short order, another court battle and I think, eventually, if the Supreme Court continues to rule in the spirit that it has been on collective bargaining, we are going to see that this law does not pass muster.

We have an opportunity now to move forward with a bill that would actually give RCMP members what they asked for and what they fought for going through the court process. I still think there is going to be a lot of problems with the bill because there are so many other exclusions, but we will support this amendment because it is a way of making a bad bill a bit better. It is a bad bill that has a strong likelihood of passing, because the government seems quite committed to passing it in its present form. Why it feels such a loyalty to this form is beyond me. This is actually the language that was pulled out of a previous Conservative bill. The Liberals have not minced words when it comes to criticizing the previous government in terms of its approach and thinking. The Liberals certainly have not held back criticism of the previous government when it comes to its approach to labour relations, and yet, the first bill that they are likely to pass does not just adopt that same philosophy and approach, but it is actually for the most part word for word, the very same bill that had been contemplated by the previous government going back as far as 2010.

This amendment is a way, I think, of trying to bring the bill a bit closer to the spirit of the Supreme Court decision. I do not think it gets us there, but I think it is important for RCMP members, if there is a possibility of passing this amendment, and I hope there is, that would at least make things a bit better for them.

I would argue, and have been arguing at length throughout this entire process, that it is not just an opportunity for RCMP members, but it is an opportunity for the institution as well.

We have heard, and we are hearing today from Liberals about how the government is engaging to work on the issue of harassment to improve it. The Liberals are going to study it, as if it had not been studied before, and then they are going to make some changes, and I wish them well in that. I am not saying that is not important. I am not saying that is not an important part of the process, but what we have here with the Supreme Court decision and now Bill C-7, if it is changed, is an opportunity to bring in a genuinely new approach, to do something genuinely different, and to allow RCMP members to bring their knowledge and expertise of the force and how things work on the ground directly into conversations with management.

For instance, if it is the case that Parliament is going to be addressing workplace issues in the RCMP, along with management, and it is going to take parliamentarians going around studying issues, having a law come before Parliament and passing through the two Houses in order to address workplace issues, then is it the view of the government that somehow that is a better process? Is that somehow more responsive than a process that would allow a union that represents RCMP members made up of the very people who are out there doing that good work on behalf of Canadians?

Consider the time that it takes for an issue to filter up through an organization, get media attention, and build public pressure for government to act on it, and it is unfortunate that with issues of sexual harassment in the RCMP we have reached that point. It means that it has become very bad. However, there are all sorts of other workplace issues that maybe do not get quite that bad, but are egregious nevertheless, which could be addressed by a process that actually consults the people who are doing the work on a day-to-day basis. We could get that kind of day-to-day or month-to-month feedback between the people doing the job and the people managing it.

If the model which says that somehow issues have to get bad enough that they come to Parliament and then we go out and study the issue, sometimes for years, and bring legislative changes, is how we are going to address issues in the RCMP, then I do not think one has to be a super business ideologue to say that this is just a bad model. It is just not efficient.

Why would we not want a model, if we are seriously trying to address an issue, that would allow us to get more frequent feedback, which does not involve a bunch of third party players, like parliamentarians, for instance, who do not have that day-to-day experience and do not have a real operating knowledge? It may be that some members of Parliament do have that experience, but if they do, it is a coincidence of the fact that a particular person was elected to represent a particular riding. I think it is fair to say that most of us in this chamber do not have that kind of day-to-day experience. Therefore, it seems wrongheaded to me to pretend that the most serious issues of the force are going to have to come here before they can be dealt with.

There is an opportunity here to have a better system, a system that RCMP members appreciate much more fully, that they are actually a part of. However, part of our point is that we should not prejudge the issue of whether this is going to work well or not. If it works well, it means that fewer of those issues are going to come to the House.

I would say that by the time issues get here, they have become really bad, and they are probably far away from being effectively solved. A good collective bargaining process can help us catch more of those issues early on, and resolve them in the workplace so that they do not have to come to Parliament to get fixed.

To the extent that this amendment, in a limited way, creates more opportunity for that kind of better process in respect of a certain issue, we are in favour of it.

[Joyce Murray, Liberal, Parliamentary Secretary to the President of the Treasury Board]

Mr. Speaker, I thank the member for his speech on this motion and his concern.

The reality is we cannot wait even for collective bargaining to take on this issue. The Prime Minister has committed that we as a government will ensure that the RCMP and all parts of the public safety portfolio are workplaces free from harassment and sexual violence. Also, the minister has already asked the RCMP to review its policies and procedures on this, and review the recommendations on the new process it put in place in 2013. Therefore, we do have a serious and non-negotiable expectation that there will be transparent investigations, serious disciplinary measures, support for victims, and a plan to end toxic workplace behaviour.

In the pay equity committee, the member's party is throwing out the idea of legislation from the previous government because it is bargaining a human right, i.e., pay equity, which they said should not be treated at the bargaining table. We agree with the member's party on that. Why is it not a place for this human right to be negotiated, whereas the member is proposing that it is a matter for negotiation with respect to Bill C-7?

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Mr. Speaker, to say that pay equity is a human right and to want that legislated does not preclude employees from bringing to the bargaining table in their own workplace proposals about how pay equity can be better realized or from bringing to the table facts about the workplace that say that pay equity, despite whatever legislation is on the books, is not being adequately realized.

The problem with this bill is that it says whatever is not going right with the legislation and whatever could be improved in the workplace, RCMP members will not have the right to bring that to the bargaining table. Nothing in the NDP position on pay equity is saying that workers should not be allowed to at least bring to the bargaining table issues of pay equity in their workplace. That is the difference.

I think it is a serious mischaracterization of the issue to say that the NDP is somehow against workers being able to talk about pay equity at the bargaining table. Other provisions that support and enhance pay equity are welcome, but we are not proposing a ban on discussing pay equity at the bargaining table.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, as this debate has progressed, particularly with the excellent presentation by my friend from Elmwood—Transcona, I am beginning to wonder whether the restrictions on access to free and fair collective bargaining contained in the bill would actually lead to a further Supreme Court case to find that the legislation before us, Bill C-7, is an inappropriate and unacceptable limitation on free and fair collective bargaining rights that the RCMP officers and workers have already won before the Supreme Court of Canada.

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I would like to emphasize again that I think that is where this ultimately is headed and I do not see a need to wait. We talked about many of the challenges that face the RCMP as an organization. I believe that collective bargaining, as one piece of a multi-faceted puzzle, one other way of addressing those issues, could actually help the institution resolve some of those long-standing issues by bringing a new approach. We are not doing right by RCMP members if we cause them to have to mount another battle in the courts in order to get there and we are just adding time to finally addressing those things in a meaningful way.

Part of what I am beginning to suspect in this debate is just how many members of the House actually understand what collective bargaining means and how it works. We constantly hear a misrepresentation of what happens in bargaining, that somehow, being able to bargain something is going to mean that suddenly employees control everything and there is no role for government or management anymore. It is just not the case. Being allowed to discuss things at the bargaining table is not even a guarantee that a proposal of any kind will be accepted at the bargaining table. I have been shocked, frankly, to see how few members of the House seem to appreciate that point.

[Michel Picard, Liberal, Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness]

Mr. Speaker, I am proud to rise in the House today to speak to the debate on a bill that has an impact on Canada's national police force, the Royal Canadian Mounted Police, a police force that has been the pride of Canada for nearly 100 years.

As we look back throughout Canada's history, the RCMP contributed in many ways: from the march west from Fort Dufferin in Manitoba, to the last spike of the Canadian Pacific Railway in Craigellachie, British Columbia, back when the organization was known as the North-West Mounted Police, to the St. Roch's passage through the Northwest Passage, to the vital roles it played in World Wars I and II. The RCMP's history is indeed Canadian history.

The bill before us is another important step in that history because we are seeking to give RCMP members the right to collective bargaining for the very first time.

Bill C-7 will establish a labour relations regime for RCMP members that complies with the Constitution. This regime will give them the freedom to choose to be represented by a union and to negotiate with the employer so that their labour needs are taken into consideration.

For now, I would like to talk about the second and third amendments proposed by the hon. member for Saanich—Gulf Islands.

As with the labour relations regime that governs police forces across the country, Bill C-7 would exclude some elements from collective bargaining, particularly because of the unique nature of the work RCMP members do. These two proposals would remove conduct, including harassment, from the list of exemptions.

I know that all members share the concerns the hon. member raised about harassment in the RCMP, and this issue is particularly worrisome to the Prime Minister and the Minister of Public Safety and Emergency Preparedness.

I want to share a quote from the Minister of Public Safety's mandate letter, in which he is clearly instructed to “Take action to ensure that the RCMP and all other parts of your portfolio are workplaces free from harassment and sexual violence”.

The minister clearly indicated that he expects allegations of harassment in the RCMP to be handled with comprehensive, transparent investigations; strong discipline; support for victims; and plans to prevent toxic workplace behaviour.

To that end, he asked the Civilian Review and Complaints Commission for the RCMP to undertake a comprehensive review of the force's policies and procedures on workplace harassment, and specifically to examine and evaluate the implementation of the commission's recommendations in its 2013 report.

Furthermore, as the minister emphasized to the committee, this is part of a whole set of initiatives under way to deal with this very troublesome concern, and there is more to come.

Other questions were raised in committee, and there was a lot of discussion about clauses 40 to 42. Under those provisions, the RCMP's occupational health care benefits for workplace injuries or illnesses would have been administered by provincial workers' compensation boards and coverage for RCMP members would have been similar to that of officers working in other police departments. This issue was examined at second reading and then again in committee, where several witnesses appeared to talk about it. In the end, it seemed that everyone agreed to defer consideration of this issue to a later date so that it could be examined in more detail, and these provisions were removed from the bill. This shows how committed our government is to respecting Parliament and the independence of parliamentary committees.

The government still believes that it is not ideal for employers to make the final decision as to whether an injury is work-related.

We will continue to work with the RCMP, its members, and the governments that have contracts with the RCMP in order to implement a long-term solution that will meet members' needs.

Nevertheless, the bill before us is one that would achieve the essential objective of allowing RCMP members to be represented by an employee organization of their choosing. In its decision that found the previous labour-relations regime unconstitutional, the Supreme Court determined that the staff relations representative program, which was imposed upon RCMP members, violated their charter rights because it did not allow members any option for representation, nor did it provide an effective mechanism for dispute resolution. On top of that, the program was not independent of management. Bill C-7 would ensure that RCMP members' charter right to freedom of association is respected.

In addition, the legislation would ensure that any certified RCMP bargaining agent is solely focused on the representation of RCMP members and would clarify that the Public Service Labour Relations and Employment Board would have to consider the unique role of the RCMP in administering and enforcing the act. The bill also proposes binding arbitration with no right to strike, which would ensure both that the labour rights of RCMP members would be respected and that Canadians could continue to rely on the RCMP to ensure safety and security in communities from coast to coast to coast.

This bill's real purpose is to ensure respect for RCMP members' rights. They were consulted throughout the development of this new labour relations regime, and they are the focus of our attention as we study the bill before us today.

I will conclude by pointing out that, every year, RCMP members respond to well over two million service calls from Canadians while conducting all kinds of complex, long-term federal investigations related to organized crime, financial integrity, corruption, and terrorism.

In addition, as we have seen in northern Alberta, RCMP members are always ready to respond when tragedy strikes. From the onset of the crisis in Fort McMurray, the local RCMP and members of detachments across Alberta have acted in countless ways to support search and evacuation activities, and we will be forever grateful to them for the outstanding work they are doing during this extraordinarily difficult time.

To sum up, the bill before us would protect those who protect us by ensuring a labour relations regime that respects their rights.

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Mr. Speaker, I am still confused because I do not understand how this all works.

If discussing sexual harassment at the bargaining table is an option, why is it a problem for the government to conduct more investigations and take action to improve things with respect to sexual harassment in the RCMP?

[Michel Picard, Liberal, Montarville, QC]

Mr. Speaker, the minister's mandate letter was very clear: all forms of harassment in the workplace are unacceptable, and the minister has a duty to take action to resolve the issue.

I have personally spoken with members who work for the association and victims of this kind of dispute, and having been a member of that very fine institution myself, I can assure the House that everyone has the utmost admiration for that institution.

I have complete confidence in that institution, and we issued a very clear request to the commissioner, asking him to conduct thorough investigations to resolve the outstanding disputes.

Furthermore, a system has been in place since 2014, and it should give us the results we are hoping for. We strongly recommend that the RCMP demonstrate that is it implementing its system in order to show how effectively it is managing this kind of crisis.

[Dianne Lynn Watts, Conservative, South Surrey—White Rock, BC]

Mr. Speaker, I am just wondering if the member can tell the House how the government is dealing with the class-action lawsuit that entails about 400 people who have been harassed.

[Michel Picard, Liberal, Montarville, QC]

Mr. Speaker, it would be inappropriate for me to comment on any ongoing settlement with the court. However, there has been a clear demand to Commissioner Paulson to provide us with a deep investigation of what is going on. With respect to the case going on in court, we are looking forward to a settlement.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, I have had what I would like to characterize as a wonderful relationship with the RCMP detachments in my riding in northwestern British Columbia. We have had dialogue and exchanges. I have an enormous amount of respect for the work they have to do, particularly in rural Canada in some of the more remote communities where the challenges are quite intimate.

What the bill is seeking to do is to provide a better workplace and environment for serving members of the force. It is because the challenges are real and because the stresses are often high that there has been an unfortunate history within the force. As my friend from the Conservatives just noted, there is a very large class action lawsuit, overwhelmingly if not entirely brought forward by female members of the force. We have had commissioners and government in the past say they were going to get to this.

My question is very simple. In no other labour relations anywhere in the country, that I am aware of, would a government say workplace health and safety is going to be excluded from the bargaining, from the negotiation between the employees and the employer. That makes no sense. In fact, many women, when asked why they enjoy participating in any kind of organized labour at all, say it is for those very same protections. In the past in Canada, and too much in the present, there have been these sexual misconduct actions by others, and if women in particular do not have the power of unity to press their cases, they do not feel as safe in the workplace.

For heaven's sake, why would the government not just allow this to exist as part of the conversation, if it ever comes to that, at a bargaining table between the RCMP and the people who work for it? It makes no sense to me at all. I wish the parliamentary secretary—