Mr. Speaker, I am pleased to respond on behalf of the Government of Canada to the motion brought forward by the hon. member for Saint-Bruno--Saint-Hubert concerning recommendation 31.3.1 of the APEC interim report of the Commission for Public Complaints Against the RCMP.
It is extremely important to underline the fact that this is an interim report and therefore an interim recommendation that we are considering.
Before commencing on the particulars of the motion, I would like to remind the members of the House that this is just one among several recommendations set out in the interim report. That report also represents just one stage in the civilian oversight process for dealing with public complaints about the RCMP.
What is the civilian oversight process for the RCMP and does the House play a role in it? Let me begin by answering the first part of the question.
The Commission for Public Complaints Against the RCMP was created by parliament in 1986. It is a fair, impartial civilian board designed to act in the public interest. The commission is mandated to conduct independent inquiries into complaints about the RCMP and to reach objective conclusions based on available information.
Does the House play a role in the oversight process? In responding to the second part of the question, let me quote the chair of the commission, Shirley Heafey, from the commissioner's last annual report. She stated:
In creating this Commission, Parliament acknowledged the need for a fair, impartial and independent agency that would ensure that the rights of both complainants and RCMP members are respected.
She further stated that the process “must maintain the confidence of the public, members of the RCMP and parliament and reflect a clear understanding of the diversity and complexity of Canadian society”. In short, the commission's work must be unfettered by government interference if it is to meet the very purpose to which was created.
To ensure the impartiality of this commission, it is incumbent upon all members of the House to allow the commission to complete its investigation into the APEC complaints. To date, Mr. Hughes has released his interim report and the RCMP commissioner has responded to it. However the process is not yet finished. It is now up to the chair of the commission to consider both the documents and compile her final report with final findings and recommendations.
Civilian oversight is an essential safeguard in ensuring the integrity of the police. There are times when police must take necessary measures to apprehend criminals to ensure public safety. There are also times when police conduct is called into question. The freedom to question any perceived wrongdoing is fundamental to a law enforcement system that reflects and protects our core values of freedom, democracy and equality.
Police work must therefore be transparent and the police must be held accountable. That is why it is essential that we respect the independent civilian review process that is currently under way.
I believe that we can be assured of this independence through the Commission for Public Complaints Against the RCMP. The commission has 13 years of experience with a solid record for just and thorough deliberations. The government is confident that the commission will diligently review all the information brought before it to date and complete a fair and comprehensive final report.
It would therefore be both premature and improper for the House to endorse this motion because it pre-empts the conclusions of the commission chair. The commission must be given the opportunity to complete its work by using the process put in place by parliament.
The government acknowledges that the APEC public interest hearing is the longest and most complex in the commission's history, but that is why the commission must have the time it needs to thoroughly assess the complex issues before it. Let us not second guess the final recommendations. Let us allow the chair to complete this legitimate independent process and convey her recommendations.
I would now like to comment briefly on the substance of the motion which calls upon the government to set out in writing the nature and scope of the RCMP's independence in its relations with the government.
In his interim report Mr. Hughes recommended that this independence be reflected in statute. He also proposed five principles concerning the RCMP's independence from government. These principles recognize the RCMP's complete independence from government when it is performing law enforcement functions and its accountability to government when performing other functions unrelated to criminal investigations. They also emphasize the RCMP's accountability to the law and the courts in all situations and the RCMP's responsibility for weighing security requirements against the charter rights of citizens.
Who would disagree with any of these principles? In his public response to the interim report of Mr. Hughes, RCMP Commissioner Zaccardelli announced that these principles would form the basis for a clear national policy statement. Commissioner Zaccardelli gave the assurance that:
All members of the RCMP, particularly those involved in the delivery of security arrangements at major public order events, will be expected to have a clear and thorough understanding of this issue.
I commend the commissioner for taking this step. It will be particularly timely as the RCMP prepares the security arrangements for next year's G-8 summit in Kananaskis.
In conclusion, let me repeat that it would be improper for the House to endorse the motion. It is the role of the commission chair to consider both the interim report and the response of Commissioner Zaccardelli. The commission represents the public interests by ensuring that the issues raised from all sides are considered fairly and answered fully. This process should unfold without any influence by parliament. Let us support the civilian oversight process as parliament had intended by giving the chair the opportunity to make her final recommendations.