Mr. Chair and members of the committee, thank you for providing the opportunity to address you today regarding Bill C-42, the Enhancing Royal Canadian Mounted Police Accountability Act.
I'm speaking today on behalf of the Canadian Police Association, an organization that represents over 50,000 front-line law enforcement personnel across Canada in over 160 member associations, including some members of the RCMP.
I have just a few brief opening remarks, and then I'd be happy to answer any questions you might have.
I'd like to begin my remarks by saying that as police officers, whether within the RCMP, a provincial police force, or a municipal police force, having the confidence of the public we serve is of paramount importance. While there's no doubt that recent events have put our colleagues within the RCMP under the microscope, we cannot emphasize enough that the men and women who make up Canada's national police force are, by and large, a credit to our country and the communities they represent.
Bill C-42contains a number of positive elements. However, there are some areas of this proposed legislation that cause concern, and I'd like to take this opportunity to briefly highlight those, particularly from the perspective of a front-line police officer.
The first area I'll touch on is that there is no doubt that streamlining the discipline and grievance process for RCMP members is a desirable goal. Bill C-42provides the commissioner with extraordinary powers in this regard, powers that go beyond what one might find in other police services across Canada.
For example, in Ontario, a police officer who is subject to a disciplinary process retains the right to appeal the decision to the independent Ontario Civilian Police Commission, a quasi-judicial body that provides an impartial review of the process and ultimately a decision.
Without any additional, and most importantly, independent avenue for appeal, I would suggest there is a possibility that RCMP members could lose faith in the impartiality of a process against them, particularly in situations in which the commissioner has delegated his authority for discipline.
Clause 40 of Bill C-42 is another area of serious concern, as it deals with investigations when an RCMP member has contravened the code of conduct within the force. First, the legislation specifies that an officer can be compelled to testify against herself or himself. Second, the legislation sets out the conditions under which a warrant can be issued under the RCMP Act to potentially search the residence of an RCMP member, under the direction of the commissioner of the RCMP or another officer who has been delegated that authority. That's particularly troubling when we're dealing with largely an administrative process designed to deal with conduct issues that arise through the RCMP officer's employment.
Unfortunately, both of these provisions, while hopefully well-intentioned, are seemingly violations of the basic Charter of Rights and Freedoms that all Canadian citizens enjoy and that should not be ignored simply because someone is a member of the RCMP. In fact, I can only imagine the public outcry that would follow should our front-line officers conduct their own criminal investigations under provisions similar to those included within Bill C-42.
A final area that I'd like to highlight comes out of the testimony this committee has heard regarding avenues of redress that RCMP members might be able to take following a ruling that calls for the dismissal of an officer.
Officials from the Department of Public Safety, including Mr. Richard Wex and Mr. Mark Potter, pointed out that judicial review was always available for an officer who wished to appeal a commissioner's ruling under the new provisions of this legislation.
Unfortunately, this runs up against a long-standing issue that the Canadian Police Association has been trying to address, which is that the RCMP remains the only police service in Canada that continues to be denied the right to associate.
There's no doubt that judicial review is an important aspect, but, as this committee knows, taking a case through the court process is not without cost, and without an association to represent the member or to help defray the cost, this avenue may be beyond the means of an officer who has just recently lost employment based on a discipline judgment in what most often will be largely an administrative process.
Obviously this is only a brief overview of the concerns that the Canadian Police Association has on this legislation. I'd be happy to expand on or clarify any of these areas for the benefit of committee members during our question and answer period, or on any other areas I might be able to assist members with before you begin your substantive deliberations on this legislation.
To conclude, there's no doubt that our colleagues within the RCMP face unprecedented challenges, but there needs to be a sense of balance. We cannot take steps to restore or enhance the public's confidence with the RCMP at the expense of weakening RCMP members' own confidence with their employer. There is room for management and front-line officers to come together, as evidenced by the collective agreements arrived at with provincial and municipal police forces across Canada. I hope this committee is able to amend Bill C-42 at this stage in order to best find that balance that allows the RCMP to continue its role as Canada's national police service.
Thank you for your time, and I'd be happy to answer any questions.