Madam Speaker, I listened carefully to your caveat on this bill. However, we could look at the Labour Relations Board, which already has commissioners who could be given the mandate proposed in the bill. As for the representatives of the employees and the employers, in its process, the commission already calls on their services. I just wanted to remind you of that. It might not involve any spending.
Although a policy already exists in the federal public service to address psychological harassment in the workplace, the fact is its application is inconsistent, or inadequate. As a result, there is serious harm and injustice done to employees or managers who, through no fault of their own, are victims of harassment.
There are many examples of these victims who, for lack of specific measures that should be introduced by the employer, or out of fear, have not reported the harassment they have suffered and end up unjustly punished. There are also many examples of victims who have filed a complaint and had it ignored or mishandled, or have lost their job as a result.
In recent years, I have met a number of these victims and tried to help them. Having studied their cases, as well as the numerous other cases that are not yet settled, I am presenting this bill.
The present policy has been in place since 1994. There have been a few changes, but it still continues to allow unacceptable behaviour, because of incorrect enforcement and the fact that it does not ensure objectivity in handling complaints. The process is left to managers, and these are often the ones who abuse the power of their position or are unaware of what harassment really is.
At the present time, this is the process: there is a policy in place and the employee who has been harassed contacts his or her immediate superior, in order to have the complaint handled, a complaint filed in writing and in the prescribed form. But then it is that immediate superior who decides whether or not there has been harassment.
If that superior was the one guilty of the harassment, he will decide there is no case. The person then has to move up to the regional level. What does that level do to find out what happened? Contacts the immediate superior, the one who has decided the complaint of harassment was unfounded. Then the person can move on to the third level, which is the deputy minister or the department. Once again, the immediate superior will be consulted.
If the immediate superior decides that the complaint is justified, does he have the necessary expertise to handle it? Not likely.
At the present time, 40% of departments have adopted the Treasury Board policy in its entirety, in June 2001. Approximately 15% have opted for appending the policy to a document which explains the position of the department and its process for handling complaints. Only 45% of departments have chosen to distribute a distinct policy to their employees.
I am aware of some psychological harassment cases that have been dragging on for four or five years at the departments of Justice, Citizenship and Immigration, Correctional Services, National Defence, Transport, Health, Environment and Industry.
Crown corporations are also subject to the Canada Labour Code and their employees are also victims of psychological harassment, for example, Bell Canada, Canada Post, Statistics Canada, the National Capital Commission, and NAV CANADA, a former division of Air Canada.
Already here, we have an initial example of the cause of the problem: Treasury Board has set a policy that is not being applied properly. Furthermore, there is no obligation to act, no guarantee that the departments will correctly and adequately apply such a policy and that the complaint resolution process will be in the victim's best interests.
In recent years, there have been a number of studies on the impact of and harm done by psychological violence. The study by the International Labour Office is the most indepth one on the subject. It describes vertical violence, which is when a person in authority is abusive or bullies a subordinate or a peer. Such an individual, through vindictive, cruel, malicious or humiliating behaviour, seeks to belittle one or more employees. For example, bullies make life difficult for anyone able to do their job better than they can; they yell at their employees; they insist that their way is the only way; they refuse to delegate work and they take away responsibilities on the pretext that the employee is incompetent. And the list goes on.
There is also horizontal violence, which is psychological harassment by a group of an individual. As a result, a number of people join forces to persecute a specific employee by constantly criticizing them, isolating them, and spreading all kinds of rumours about them.
Managers may face horizontal harassment when they transfer to a given service or department and the employees decide that they do not want the new manager. Just like employees, managers can be victims of psychological harassment by their peers.
In the bill I introduced, psychological harassment is defined in clause 2. It means any behaviour that affects a person's dignity, is vexatious, discredits, humiliates or intimidates the person, interferes with their work, or takes the form of abuse or threats. It also includes any instance where a person feels mistreated, threatened, intimidated or abused in their work environment by vicious rumours, swear words or abusive language.
Such violence in the workplace is due to a combination of factors, including the individual in question, of course, the work environment and work organization. In talking about psychological violence, we are dealing with human beings whose behaviour and reactions are affected by changes and the work climate. Globalization, with all the changes it is bringing about, is coming really close to constituting psychological violence. It is creating added stress, with everyone trying to hold on to their jobs, going as far as discrediting someone else, if need be.
There is a thin line between management and harassment. It is difficult to know whether there is intimidation or violence in the workplace. Numerous studies show that the difference between efficient management and psychological violence is extremely subtle.
However, objective comments designed to provide constructive feedback are generally not considered as psychological violence or intimidation, but rather as tools to help employees improve their performance.
In light of this, it is essential that any harassment complaint be processed expeditiously by a qualified person.
The bill essentially draws on the existing policy. I repeat, the bill essentially draws on the existing policy. It is not that we or I oppose the policy, but it is full of holes, like Swiss cheese. It has no teeth and does not provide victims with any protection.
The bill draws on the policy, adding, in subclause 4 of clause 3, the requirement of due diligence, so that complaints are dealt with quickly. Likewise, clause 5 provides that a person will act as commissioner for the prevention of harassment in the workplace. This person should be disinterested and neutral, someone, who, because of his or her expertise and experience, knowledge of psychological harassment, may appoint, as indicated in clause 8, persons knowledgeable about this problem, to a psychological harassment complaints committee. He or she can deal with complaints, decide and order action so justice may be served. Corrective measures must be taken, and various forms of compensation put forward to ensure the victims receive justice. Subclause 2 of clause 17 gives the commissioner this latitude.
In order to ensure the impartiality of the process, the bill includes in the committee a representative of the union and of the employer. They are included because they are required under existing labour legislation to represent the victim employee. I refer here to the union. They are also included because they have a responsibility to provide employees with a workplace free of harassment. I refer to the employer.
Furthermore, as both are responsible in part for the climate of work in an organization, it is a good idea to include both in the committee. Clause 18 of the bill requires the commissioner to report to Parliament his or her activities arising from the application of this legislation. It is vital to have this independent official report to Parliament. His or her credibility and effectiveness depend on it.
It must be remembered too that parliamentarians are accountable for government's management to the public. So they should know what goes on and how employees are treated.
The bill will also help employees who are victims of harassment by enabling them to protect their health as well as their rights. While awaiting acknowledgement of the merits of their complaint by the committee, employees will be able to file a grievance or take any other recourse provided by federal statute or other legislation in effect in Canada.
Thus, any other employee witnessing a situation of psychological harassment will be required to report the situation so as not to be an accomplice to it.
Psychological harassment is a moral destruction process that can lead to mental illness or suicide. It is a serious behaviour that needs to be dealt with very quickly and cannot be ignored. This is why, under clauses 3(4) and 3(5) of the bill, any manager or supervisor who is aware of such behaviour and does not take appropriate action is liable to criminal prosecution and to a fine.
Finally, the bill amends section 15.1 of the Canada Labour Code to prohibit acts of psychological harassment and thus protect all Canadian workers employed by Crown corporations or Canadian businesses and governed by the Code.
The bill I put forward today is not a partisan bill. I want to make it clear that it is the product of consultations with a wide group of employees who have been victims of psychological harassment, whom I met on several occasions and who helped me draft it with House staff, as well as unions that want to improve the work environment within organizations.
In closing, I will say that, according to the International Labour Office, Canada is fifth among countries where psychological harassment in the workplace is most frequent. Only France and Belgium have dared propose legislation in that regard. If this bill were adopted, we would be the third country in the world to have such legislation. We would be a leader in the protection of workers' rights. Canadian workers would be guaranteed fair and equitable treatment.
What I am asking my colleagues in the House is to pass the bill at second reading so it can be considered in committee and so I can call as witnesses all the employees from all the departments who have to deal with psychological harassment.