Yes. Thank you, Mr. Chairman.
First, I want to thank you for appearing before us, Mr. Elliott, so soon after beginning to work in your new position. I really admire you for accepting such a big challenge, not only for the reasons that you mentioned, but also because, in my opinion, the evolution of modern criminality is creating exceptional challenges for police forces. I believe that in these circumstances, it is crucial to have the cooperation of your men. First, let me raise a sensitive issue.
You have had legal training. No doubt, you are aware of the decision handed down by Canada's Supreme Court in the Delisle case. Justice Bastarache, who was speaking for the majority, said the following:
I have had the benefit of reading the joint reasons of Cory and Iacobucci JJ. I accept their description of the facts and account of the judicial history. Like them, I believe that s. 2(d) of the Canadian Charter of Rights and Freedoms protects RCMP members against any interference by management in the establishment of an employee association. However, this right exists independently of any legislative framework.
It was not because Delisle lost this case that the right to association was not recognized, quite the contrary. However, given the legislative framework in which he wanted to do this, namely an association with other public servants, the RCMP was able to prevent him from doing that.
The Supreme Court referred to the same principle again in 2007 in the case of Health Services and Support – Facilities Subsector Bargaining Association versus British Columbia. Once again, the principle developed in the Delisle case was quoted. And I quote:
The principle affirmed was clear: government measures that substantially interfere with the ability of individuals to associate with a view to promoting work-related interests violate the guarantee of freedom of association under s. 2(d) of the Charter.
In the Delisle decision, Justice L'Heureux-Dubé, who agreed with the majority but who wanted to give her own reasons, did, nonetheless, clearly state the following in paragraph 4:
[...] actions to discourage or prevent employee associations within the RCMP have a long history. The passage of the Charter with its guarantee of freedom of association, however, means that such actions are no longer lawful.
Mr. Elliott, do you recognize the fact that the RCMP is obliged by the Constitution to respect the rights of its members to form an independent association?