Madam Speaker, it is a privilege to rise and participate in the debate on Bill C-35, an act to amend the Foreign Missions and International Organizations Act. Our day is running down and we have about five minutes for debate and a 20 minute speech.
As a new member of parliament I am faced with a dilemma. Do I continue with the speech and take up the rest of the time another day? There are some points I want to cover in my speech and from which concerns arise.
The provisions in the bill come forward and are recommended by the Hughes report that we saw come forward this summer. In particular, Bill C-35 adds a clause codifying the RCMP's primary responsibility to ensure the security for the proper functioning of any intergovernmental conference, in which two or more states participate, that is attended by persons granted privileges and immunities under the act.
In fulfilling that responsibility the RCMP may take appropriate measures, and we have talked about them already today, including controlling, limiting or prohibiting access to any area to the extent and in a manner that is reasonable in the circumstances.
I would suggest, although in this isolated case the government has taken Judge Hughes' recommendation to heart as many of my colleagues have already stated, this is not the appropriate place to legislate these new statutory powers and responsibilities The more preferable place to have put these powers would have been in the RCMP act.
Following public hearings regarding complaints against the RCMP, Hughes concluded that the federal government's role at APEC was improper. If we went through the thick report given by Mr. Hughes, within the first 10 to 15 pages we would realize that the government acted improperly and that some of the measures used by the RCMP, succumbing to government influence, were not appropriate.
Therefore, Hughes recommended that the federal government bring in legislation to spell out the RCMP's independence from government interference. In section 10 of the report. Hughes said that the current nature and extent of police independence was not clearly defined in Canadian law. Furthermore, there was no consensus, either in academic writing or in judicial decisions, as to what was the proper relationship between the federal government and the RCMP, although it was generally agreed that the RCMP enjoyed a measure of independence.
In fact, Hughes believed that the RCMP act suggested that the force was not entirely independent of the government by stipulating that the commissioner of the RCMP was appointed by cabinet and controlled the force under the direction of the solicitor general.
This has been a great concern to members on this side of the House. I know on many occasions the members for Medicine Hat and Cypress Hills--Grasslands have vented their frustration that the commissioner of the RCMP would sit in cabinet as a deputy minister in the solicitor general's department. To have independence and not to politicize the position or the organization, the commissioner is appointed by cabinet as a deputy minister.
After reviewing the English approach in the supreme court decision in R v Campbell, Hughes concluded that it was clearly unacceptable for the federal government to have the authority to direct the RCMP law enforcement activities, telling it who to investigate, who to arrest and prosecute or other purposes. At the same time, it was equally unacceptable for the RCMP to be completely independent and unaccountable to become a law unto itself.
So we have that balancing act. We want on the one hand independence and on the other hand we need accountability in the RCMP.
Based on this conclusion, Hughes recommended under subsection 31 of his report, that the RCMP request statutory codification of the nature and extent of police independence from government with respect to: first, existing common law practices regarding law enforcement; and second, the provision of and responsibility for delivery of security services at public order events.
That part two is what part of this bill enacts. It enacts the part of the Hughes commission report that would suggest that it was imperative to put in place the position and the responsibilities of security services at public order events where people from other countries would be attending.
Bill C-35 embraces only the second part of this recommendation. The government has yet to fulfill the first part of that recommendation. Unfortunately, I do not believe the Liberal government has the courage to ever come forward with that first part that would bring more accountability, more independence and reduce the politicization of the RCMP. We wait for that. I look forward to the rest of my time at a later date.