Madam Speaker, I am pleased to speak on behalf of Her Majesty's loyal opposition concerning a matter of great importance.
The Royal Canadian Mounted Police Superannuation Act spells out in black and white what benefits the members are entitled to receive. The benefits pertinent to the act and thus affected by this amendment relate to the injury or death of an RCMP member. Bill C-12 addresses the issue of whether a member of the RCMP was on duty if he or she is injured or killed while serving outside of Canada's international boundaries in a peacekeeping role.
Section 32.1 of subsection 2(a) identifies how and where a foreign location becomes designated as a special duty area. “The Governor in Council may, by order, designate as a special duty area any geographic area outside Canada where members of the force serve as part of a peacekeeping mission and may be exposed to hazardous conditions not normally associated with service in peacetime”.
I appreciate that the act is not the place for minute internal RCMP policy which will be written implementing this amendment. I would like to have the solicitor general and the government assure the House that the following points will be covered as this policy is written:
First, the RCMP division staff relations representative, DSRR, is part of the team writing the policy. Second, that a member of a member's estate be entitled to select as his or her representative in any claim the counsel provided by the pension commission or a lawyer of his or her choice. If a lawyer of his or her choice is selected, that the RCMP or the federal government pay the legal fees in question.
I make note of this because a former member of the RCMP and the current member of the House, the MP for Selkirk—Interlake, was represented by a pension commission counsel in Winnipeg regarding a disability suffered on duty. The commission's counsel, who is supposed to work for the member, was less than adequate to say the least. His inadequate representation resulted in the member being denied benefits. The point is that government supplied counsel is not always of the same calibre that can sometimes be obtained privately.
A member serving in a special duty area who is injured or killed has to have counsel of his or her choosing or choosing by the executor. The member of his or her estate may not be able to pay for the private counsel to defend the interests from a government body adjudicating these pension cases which is always acting on behalf of government interests, not necessarily those of the member.
Third, the question of “may be exposed to hazardous conditions not normally associated with service in peacetime” is one that requires spelling out. I will use the example of exposure to AIDS and other diseases that are easily transmitted via bodily fluids.
Members of the RCMP are exposed to many of these diseases in their on-duty normal workday in Canada. While serving in a special duty area it is imperative that the member have 100% coverage for any disease contracted, and for the government to not try to avoid paying benefits by relying on the fact that exposure to diseases in the special duty area is at the same risk level as exposure normally associated with service in peacetime. Conditions in some of these war zones are quite awful at times and who knows to what a member can be exposed as he does his best to try to mitigate difficult circumstances. It is only fair that the government recognize that.
Fourth, the policy must also spell out what happens if an RCMP officer is given a 48-hour rest period, for example in Haiti, and he is injured while engaged in leisure activities. I would ask the minister to clarify whether the RCMP's superannuation act would pay benefits under these circumstances. I certainly hope it would.
The members of the RCMP who go on these peacekeeping missions are volunteers. They are dedicated individuals who care deeply about the people in other lands less fortunate than most Canadians. As volunteers, it is very important that they be treated fairly and generously by the pension act, the RCMP and the government.
I am advised by the member for Selkirk—Interlake, the deputy critic responsible for the RCMP, that he supports the legislation as does the Reform Party. Until now, 24 hours on duty coverage has only been at the good graces of the solicitor general. It is good to get this protection for the RCMP in writing and in this bill.
I will take a few minutes to review the situation of the RCMP as an organization which has been asked to perform duties above and beyond its normal function. The pension act will play an important role in the future as the government asks the forces to take on new assignments.
I understand that there is a possibility the RCMP may be asked to send police officers to several other areas of conflict in the world. The future is unknown but it would appear that there will be other requests. As more missions are taken on, the chances of RCMP officers being killed or injured increases dramatically.
These peacekeeping duties normally entail monitoring, observing and training roles. Any member from any province can volunteer. Unless they are in the middle of an intricate investigation that cannot be handed over to another member or for some other personal reasons, most are allowed to go on the mission.
The problem for the RCMP is they are always under establishment strength so sending these members make the vacancies at home even more difficult. There is no backfilling of positions vacated for peacekeeping duties. In many cases, investigations either sit dormant or proceed at a much slower pace, as they are assigned to the investigators left on the detachment or to the plain clothes unit.
While we all endorse the role of the Canadian RCMP in helping in these troubled areas around the world, they do have a responsibility and a job to do back home. The government should ensure that if they continue to take members of the RCMP for this important role abroad, it fills in the gaps at home to ensure that justice is properly served.
Finding members to play a monitoring or training role for the aboriginal police departments is increasingly difficult, as more and more First Nations take over policing their reserves. If the government expects the RCMP to participate in these peacekeeping missions, more budget money will have to be given the RCMP so more police officers can be hired.
I appreciate that Canada has an international responsibility but the government has an internal responsibility to keep our streets safe. The multimillions of dollars being wasted on gun control through the Firearms Act could be given to the RCMP where Canadians know it would do some good by solving RCMP staffing problems.
It is interesting to note that in Haiti, where RCMP officers are serving at the moment, the average citizen does not have a rifle or a shotgun, only the government troops have one. I wonder how abusive the Haitian government would be towards its people if they had guns and ammunition?
I have heard that it will take approximately 150 RCMP officers just to implement the regulations concerning the Firearms Act which does not include those who will be investigating non-criminal Canadians for violation of these regulations. Therefore the number will be even more than that.
I am certainly pleased that the RCMP Superannuation Act is being amended to fully protect the men and women who serve the country in foreign lands. Canada has been lucky that there have been only minor injuries to date on the missions to Namibia, Bosnia and Haiti. I would strongly urge the government and the RCMP to conduct an in depth study on the effect that these missions are having on the RCMP members, the straining of resources and what is needed to ensure that the RCMP can continue to meet its responsibilities at home and abroad.
As someone who has travelled abroad, I would like to add that the reputation of Canada and the RCMP is second to none. We are definitely filling a very major role both in peacekeeping and in training police officers to ensure that the peace, which we hopefully can create, will be to some degree a lasting peace between the forces which are fighting each other.
There are a couple of issues in the bill which gave me a little bit of concern. While the government has stated that RCMP officers who are killed or injured on duty will have their pension benefits protected, there does not seem to have been too much imagination put into the writing of the bill.
I think for example of the Vietnam war. We now find that many people who served in the Vietnam war suffered seriously because of a chemical called agent orange. It took many years before the government recognized its responsibilities regarding the damage caused by agent orange. We must remember that in this particular case it was the American government that dropped agent orange on its own people. Therefore it had a double liability of protecting these people and providing indemnification to these people, but it took many years before it would even recognize there was a problem.
I would not want to think we would have the same problem here, if an RCMP officer or a member of our armed forces suffered health consequences, that down the road the government would fight all the way to not compensate that person accordingly, rather than respect his dignity and his contribution to helping society.
I refer again to agent orange. Unfortunately the offspring of those service people are also suffering. There is nothing in this bill which would recognize that type of liability. With the modern chemicals that we have, who can tell when problems will show up? One would have thought that in a two-page bill amending the pension act the government could have allowed for that kind of eventuality. It does not take too much thinking to do that.
I also think of the problem known as the gulf war syndrome. Soldiers who came back after having fought that war are saying there is a serious problem which is being denied by their governments in the United States and in Britain.
The point I want to make is that the government should not fight these people all the way. They have put their life on the line for freedom and for democracy. They have willingly gone to protect the rights and values which we appreciate so much in this country. When they returned home, having suffered the consequences of that volunteerism and that commitment to fight for democracy and freedom, they found that the very government which swore to uphold those rights was denying them the recognition of their claims.
I would hope that these types of things would not happen here in Canada. However, unfortunately, I am not so sure.
Disability shows up in many ways. I think of one RCMP officer in my riding who suffers from post-traumatic stress disorder. These are difficult things to diagnose, but I would certainly hope that when the regulations are written regarding this bill that these types of problems are recognized as befitting for compensation for those who are prepared to put their lives on the line to uphold those things we consider near and dear to our values.
Changing the subject but still on the concept of pensions for the RCMP, I would like to bring to light an issue regarding RCMP pensions which I find is rather unfortunate. It happened a little over a year ago.
Several retired RCMP officers received a letter in the mail from the pension department saying that a mistake had been made in calculating their pensions. These RCMP officers had retired between 1970 and 1974. Twenty years later they received a letter in the mail saying “We made a mistake in calculating your pension. Please find enclosed a cheque to make up the difference. We have short changed you all these years”.
It amounted to approximately $10,000 each. That is a considerable windfall for someone who has been retired for 20 years or more, to receive a cheque from the government, less taxes of course, for $10,000. And it was with not so much as an apology but an admission that their pension cheques had been short changed all these years and that they would make the necessary adjustments from here on in and their pension cheques would be increased accordingly.
Imagine their dismay when a year or so later—and we are talking about last September, just a couple of months ago—when these same people received another letter from the government saying “Guess what? Our first letter was a mistake. Please send the money back. We are going to reduce your pension cheque back to what it was before”.
This type of incompetence is something I really do not particularly like. As the chairman of the public accounts committee, I think the government should take note of the people who have done this, who thought they were on to something, did not check their work properly and wrote cheques in excess of a million dollars from taxpayers' money, sent them off to retired RCMP officers, giving them the idea that they had received some kind of windfall then asking for the money back. They even went so far as to track down the beneficiaries of deceased members to pay the cheques out to them. Now we find there was absolutely no legal basis for doing so.
Basically what had happened was that prior to 1975 when someone retired or took early retirement from the RCMP, they were entitled to a pension based on their number of complete years of service. Partial years did not count. Starting in 1975 a partial year counted as a full year for pensionable service. Therefore the deduction for that particular year was no longer considered. It made a difference of 5% because the deduction was 5% per year.
In the words of the director general of the department, a zealous employee had gone back and discovered—and if I may say discovered in quotations—this error and decided that these retired RCMP officers had been short changed all these years.
I asked the director general in charge of the department why the change of heart. The change of heart and the re-checking of the figures was because one particular retired RCMP officer said that if he had been short changed all these years was he not owed a little bit of interest along the way. When he asked for his interest they decided that perhaps he had a point but that they had better re-check the figures first. When they went back and re-checked the figures they found that because the legislation had changed in 1975 the way they calculated pensions had changed in 1975 and that the previous calculation was perfectly correct.
We have a situation where they have now gone back to 119 retired RCMP officers and their beneficiaries and said “Please send the money back”. Imagine this type of situation taking place. It is time the government recognized that competency goes along with accountability, that efficiency is not the only important thing, that they have a responsibility to do their jobs properly.
Imagine the dismay of these retired RCMP officers who each now have to come up with a cheque for $10,000 on their pensions. Their pensions are going to be reduced back to what they were before, a 5% reduction now that they have become accustomed to a little bit higher standard of living. With one stroke of a pen it all disappears down the drain.
If they have gone out and purchased a new car or something else with the $10,000, what are we to do, write the money off? Perhaps. But then I ask, what about the civil servant who authorized this? Do members think that his career should continue on as if nothing had happened, that the taxpayers are out a million dollars, so what?
A million dollars is a major situation. In the private sector if someone says to their employer “Oops, I just cost you a million dollars by mistake”, should he continue on in his job? What confidence do we have that he is going to perform his duties competently and effectively. Will we now have to look over his shoulder to find out whether other decisions he has made are much less than adequate and have cost the taxpayers many tens of thousands or even millions of dollars?
I wanted to raise that point, but at the same time I do not want to finish on a down note. I want to finish on an up note for the RCMP. I want to congratulate them as a force. I want to congratulate them as a Canadian icon around the world. Their reputation enhances the reputation of Canada anywhere I have been.
Members of the RCMP are wonderful. They have a reputation of having performed under difficult circumstances for more than 100 years. We know that as they continue to do their duty both here and abroad, in war zones as peacekeepers, that they will continue to enhance the reputation of Canada and Canadians. We are proud of them.
It is only right that we should support this legislation. It will ensure that as they stand up for democracy and for what we believe to be right, that should they be injured or killed in the performance of those duties we will stand behind them and their families and ensure they are protected.