Mr. Speaker, first, I would like to congratulate you on your appointment and on assuming the Chair today.
I am pleased to speak to Bill C-42, An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts. The NDP will support Bill C-42 and will vote in favour of it at second reading. However, we want to make some considerable amendments, in order to fix the most problematic areas of the bill, particularly in order to improve oversight and to ensure that independent investigations are conducted. We would also like to increase the independence of the new Civilian Review and Complaints Commission for the Royal Canadian Mounted Police from the RCMP and the minister.
Canadians' confidence in the RCMP has been shaken over the past few years by the many scandals the police force has been involved in. Now a number of bullying and harassment in the workplace cases are once again tarnishing the Royal Canadian Mounted Police's reputation.
When Commissioner Paulson was newly appointed in November 2011, he was very clear about the priorities he was committed to focusing on: accountability and leadership. Canada's largest police force must be accountable and must not give the impression of being above the law.
Bill C-42 was introduced to modernize the force's systems and make them more efficient. In particular, members accused of an offence will be punished or fired more quickly. Members who commit crimes not only violate the standards and laws that they are supposed to uphold, they also cause significant harm to the organization's image.
In a speech following his appointment to the head of the RCMP, Mr. Paulson said:
The work we do is important, but how we do this work is equally important and can profoundly impact the lives of Canadians. I get that.
In a way, it is reassuring to know that the commissioner cares about more than results. He also cares about how those results are achieved.
Obviously, the RCMP is a huge organization. That is not news to anyone. It has some 30,000 employees whose activities are frequently international in scope. The commissioner recognized that he has “a lot of work ahead of [him] as we continue to transform the RCMP.” Fixing the force is not an easy undertaking. We know that. This bill is a small step, but it remains to be seen whether it will really help the commissioner achieve his goals of accountability and responsibility.
After Corporal Catherine Galliford came forward in November 2011, many other women followed her example. The day after the media reported Ms. Galliford's allegations, another officer, Krista Carle, came forward about the abuses she suffered and the lack of assistance and empathy on the part of her former supervisors, who maintained the environment of silence and fear in which she had to work. Ms. Carle said, “I know for a fact there are at least six women that I know who have left the force or are still in that have suffered harassment.” She added, “I'm sure there are others who are afraid to come forward for fear of reprisals.” Ms. Carle's case was settled in 2007, but she still felt the need to speak up about what happened.
Then, in December 2011, Corporal Élisabeth Couture also took legal action against the RCMP for professional harassment. According to the media, the young woman is currently on sick leave because of stress caused by the incidents.
In Manitoba, another woman publicly denounced the sexual harassment and racism she was a victim of. Marge Hudson was the only aboriginal police officer in Manitoba when she joined the force. It seems that she went through some difficult years during which people were apparently plotting to force her to resign.
Then, former constable Janet Merlo launched a class action suit with the Supreme Court of British Columbia on behalf of over 150 former and current female police officers, who are making numerous claims of discrimination and sexual harassment within the force.
To his credit, Commissioner Paulson has said that he was aware that harassment exists within the RCMP and that this was unfortunately not a new thing, but that mindsets must change and that these behaviours must never be tolerated. On the day of his appointment, Mr. Paulson said, “First on my plate will be addressing the issue of harassment and sexual harassment in the workplace.”
A number of the bill's critics are wondering how this stricter system will be able to stop the specific problems of sexism and harassment in the workplace because, quite often, it is not necessarily the complaint process that is the issue, but the acknowledgement of the action and the very willingness to set this process in motion. Commissioner Paulson spoke about that himself.
He said they have good policies on how to deal with complaints, but “the trouble is ensuring compliance with these policies”.
That is why we are instead talking about the need to change the culture of the Royal Canadian Mounted Police. The Minister of Public Safety has defended the effectiveness of his bill in this respect by declaring, and I quote:
Under this legislation, the commander cannot allow a negative culture to continue or they will be held responsible. That, in my opinion, will make a huge difference in changing that culture.
Unfortunately, we all know that no legislation can force such a change.
Following the overwhelming findings of the Brown report in 2007, which essentially called for a full review of the entire currently existing culture, governance and management structure within the RCMP, the Minister of Public Safety at the time refused to hold a public inquiry, instead preferring to create the Task Force on Governance and Cultural Change in the RCMP.
The task force issued its report in December that same year. Nearly 50 recommendations were made, 49 actually, but three are essential for starting a true cultural change, improving governance and paving the way for the application of the other recommendations.
The first recommendation was to establish the RCMP as a separate entity within the government, with its own employer status, which would involve giving it the full authority to manage its financial affairs and personnel within general parameters approved by Parliament.
These new powers would require a different structure within the Royal Canadian Mounted Police, which leads us to the second recommendation, which was to create a board of management of the RCMP responsible for the stewardship of its organization and administration, including the oversight of the management of its financial affairs, resources, services, property, personnel and procurement. The board would be accountable to Parliament through the minister.
Finally, the third recommendation of the task force was that legislation be enacted to establish an independent commission for complaints and oversight of the RCMP—the ICCOR. This commission would have the same responsibilities as the ERC and the CPC, with expanded authorities similar to those of an ombudsman. It would present public reports and its decisions would be binding on the commissioner.
When the report was released, David Brown, the chair of the task force, stated that the RCMP is not just another federal department—nor should it be. In his report he added:
In many ways, the RCMP's approach to governance has been based on a model and style of policing developed from—and for—another era...none of these changes will be sustainable without the fundamental changes to structure that we are proposing.
It would be disingenuous to not acknowledge the impact of the recommendations of the Brown report and the task force on Bill C-42, the bill we are currently debating.
However, it is quite obvious that the recommendations central to the reform set out in the two reports, particularly the recommendations concerning accountability to Parliament and the binding nature of the new civilian commission's decisions, have been diluted. The Brown report does state that “confidence by the public and the RCMP family in these results can only be achieved through full civilian oversight.” We believe that this oversight requires public reports to elected officials.
As for separate employer status, there is no mention of it in the bill.
In light of the nature and importance of the responsibilities of an organization such as the RCMP, the task force stated:
Such a consideration [governance and the administration of the Royal Canadian Mounted Police] would require a much broader public policy debate as to the policing model which best suits Canada and best serves Canadians.
Although it is not within the task force's mandate to order such a debate, the simple fact that they mentioned it shows the importance attributed to the exercise by the task force members, especially since the recommendations do not seem to have had the desired effect.
We will get a better idea of the reaction of those affected during the committee hearings. We will vote in favour of this bill at second reading so that committee hearings can be held to thoroughly examine this bill. For now, comments seem to indicate that the bill does not go far enough in terms of the nature and extent of the changes made to the RCMP's structure and organization to ensure a real change in culture.
Bill C-42 thus seeks to ensure that with power comes responsibility, and members will have to realize that. However, let us be clear: this bill puts a lot of power and responsibility in the hands of the commissioner. The commissioner will be given the following tasks: to establish procedures to investigate and resolve disputes relating to alleged misconduct by a member, and to establish an informal conflict management system within the parameters established by the Treasury Board. The dual nature of the two complaints systems—one governed by the Treasury Board and the other by the Royal Canadian Mounted Police Act—often results in red tape and confusion within the organization.
This bill gives the commissioner two very broad mandates, which much be used very carefully and in a very analytical manner in order to ensure that he is able to fulfill them.
One thing that is surprising, however, is that the government introduced the bill without waiting for the results of the review on gender relations and the place of women in the RCMP that was ordered by the new commissioner, or the findings of the independent investigation that the Commission for Public Complaints Against the RCMP, or CPC, is conducting on workplace harassment. These two reports are to be submitted by the end of the year.
We can only hope that the commissioner will wait to consult and consider the findings in these two reports before making any other changes, since the purpose of these reports was to better understand harassment problems within the organization.
According to the Treasury Board's Office of the Chief Human Resources Officer, Bill C-42 “gives the Commissioner human resource management authorities similar to those of Deputy Heads in the federal Public Service and to those of heads of large police services in Canada. This includes the authority to appoint, promote, discipline, demote or terminate the employment of all members...”.
These cases would still go before a disciplinary committee, but the commissioner could appeal the tribunal's decision or change it. Furthermore, this authority could be used for a variety of non-disciplinary reasons, such as absenteeism or poor performance.
It is difficult to know how much this increased authority for the commissioner is related to the government's controversial decision to reduce the number of categories of employees from three to two. Civilian members, specialized employees without police training who directly assist police officers, will now become simple public servants, and this category would be eliminated.
First, I think it is important to say that the Brown report and the subsequent task force report were both in favour of this change. This would lighten the structure and avoid confusion about the rights and responsibilities of the various categories of employees.
These reports aside, however, there are two conflicting views here, and the decision is controversial. The 4,000 or so civilian members see their no longer being members of the Royal Canadian Mounted Police as a lack of recognition or even a demotion. One civilian member, speaking anonymously, said that the problem was not being part of the public service, but rather no longer being considered members of the RCMP. This would widen the gap between these employees and members, all for budgetary reasons, since this change would jeopardize their benefits and would save the government more than $190 million. However, this amount was contested by the commissioner, who estimated the savings at closer to $10 million a year.
This idea of removing a category of employees is nothing new. For over 15 years, the government and the RCMP have been unsuccessfully proposing this change. Regardless, this is no longer a possibility being considered. It is being put into place with Bill C-42, despite a formal rejection by over 90% of civilian members in an internal poll held in 2010.
It is true that these people do not carry out police duties per se, but they are more than administrative staff.
By agreeing to this change, civilian members will acquire protections related to their status that they did not have before, such as the right to unionize and accordingly, the right to strike. They will be protected from the commissioner's new discretionary powers with respect to human resources as set out in Bill C-42. They will no longer be treated as members, and will therefore not be subject to the same degree of severity as police officers; they will be treated like public servants. We hope that the committee's study will enable us to understand both sides of this issue and better identify the consequences of this decision.
Responsibility and accountability are central to this bill, which, according to the Minister of Public Safety, will ensure that the RCMP is accountable for its actions before its members and the public. By creating a civilian complaints commission for the RCMP, the government wants us to believe that the organization will henceforth be accountable to the public.
What will really make a difference in terms of transparency is the fact that members of the commission will not be drawn from the Royal Canadian Mounted Police. That is the idea, anyway, but I think it is dishonest to say that the makeup of the commission will ensure that it renders decisions that it will have to justify to the public. That is one of our biggest disappointments with this bill. The RCMP should be accountable to Parliament, not just to the Minister of Public Safety. That would make the commission truly independent.
In conclusion, I believe that the RCMP remains one of the most respected paramilitary police forces in the world, but given the scope of the allegations and under pressure from the NDP, the Conservative government was forced to act before public trust disappeared altogether. We will have to wait until the committee has had a chance to do its work before the consequences of this bill are felt, but one thing is certain: this government had a duty to act, yet it dragged its feet. I would remind the House of the many questions that were asked during the previous session, the spring session. Indeed, time and time again during question period, we asked the Minister of Public Safety to brief us on the situation. He tended to give evasive answers anytime he was asked the question during question period.
The new commissioner frequently reiterated his intention and his willingness to intervene. It remains to be seen whether this government's proposals will help him. It is important to remember that above and beyond its responsibility to enforce the law, this government, which is ultimately responsible, must do everything it can to dispel any appearance of being above the law.
That is why the NDP will support An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts at second reading, considering the many pressing and extremely problematic allegations of sexual harassment in the RCMP. We plan to propose a number of amendments at second reading, since we believe that they are necessary to ensuring that this bill is effective in addressing the many complaints and criticisms regarding the status quo, not only by members of the RCMP, but also by people who have had to go to court in order to assert their right to dignity in the workplace within the RCMP. In order to ensure that these objectives are met, we must create the mechanisms needed to guarantee the independence of the new civilian review and complaints commission for the RCMP—and we do not think this has been achieved—in order to improve oversight and ensure that investigations really are independent.
That is why we are asking the government to allow this bill to be examined as thoroughly as possible when it reaches the committee stage. By so doing, we will be able to truly understand what mechanisms would allow this bill to fulfill this mandate. I would strongly urge the government to take note of the various working groups and commissions, including the Brown task force, and the report that was published in order to ensure that Bill C-42 meets its objectives. This will make it possible for us to finally set aside—but not forget, since we must never forget—all the abusive behaviour that had such disastrous effects on the work environment and to ensure that complaints are resolved and that situations such as the ones that these women in the RCMP experienced will never happen again.