Debates of Feb. 28th, 2013

Enhancing Royal Canadian Mounted Police Accountability Act

[Jack Harris, NDP, St. John's East, NL]

Mr. Speaker, it is a pleasure to have an opportunity to speak to Bill C-42 at third reading. It is an important area of public policy that needs to be addressed by the House. Unfortunately it is our conclusion that it has not been addressed properly by the House, because the bill would not do what it is expected to do.

As previous speakers have said, the RCMP is a storied institution in Canada. As the member for Kootenay—Columbia said, it goes back to 1873. It has not always been a perfect institution, and we all know that. It has been open to criticism from time to time in its history for some of the uses to which it was put by various governments.

When I started practising law, the RCMP was regarded as the senior police force in the country. Police forces around the country looked up to the RCMP for standards and training and discipline and proper procedures.

Of late, unfortunately, people have become disconcerted with the way the RCMP has been able to handle matters, particularly those of an internal nature. We have heard complaints for a number of years about harassment, particularly the harassment of women. There are outstanding lawsuits by 200 women complaining about harassment within the force and the apparent inability of the force to deal with that issue. As a result of some constant prodding by the NDP in the House, legislative action was deemed necessary and taken. Unfortunately, the bill does not address the kinds of issues that caused the need for this legislation to take place.

We have talked about the need for a more respectful force in terms of having a proper method to deal with sexual harassment and a proper response to the concern about that harassment, the need for a broader and more balanced human resource policy and the removal of some of the more draconian powers that are proposed for the RCMP commissioner. None of these were accepted in committee.

The government's response to these problems is to create a more powerful hierarchy within the RCMP and to give the commissioner more draconian powers than ever. As the member for Kootenay—Columbia said, the commissioner is going to delegate all of these powers to various deputy commissioners and others. Instead of having a more balanced approach whereby people would have a right to have their grievances dealt with and issues responded to, we are going to have a top-down hierarchy, which will not inspire confidence but create more of a paramilitary organization. That is an anachronism when it comes to modern policing in Canada.

Obviously there needs to be discipline within a police force, and all of that should take place, but when it comes to matters such as complaints about sexual harassment, there has to be a safe place for people to go. People have to know that these matters will be dealt with. They should have a clear expectation that the professional police officers throughout the force, from the bottom to the top, are well aware of and sensitive to what sexual harassment is and what it can do. Previous speakers have outlined some of the particular ways in which that should happen.

Through some 18 amendments at committee stage, we talked about what could be done to meet some of these needs. All of these amendments were rejected by the government. These amendments included adding mandatory harassment training for RCMP members, and specifically adding those measures to the RCMP Act itself, so that it would be clear that this was a response to the problem. We wanted to ensure that there would be a fully independent civilian body that would be able to review and investigate complaints against the RCMP.

This is important. The model that was proposed was a model like SIRC, which oversees CSIS. It is independent, with decision-making power, not just the recommendation power in the bill. That was provided for as well. It was turned down by the government.

Third, we wanted to add a provision creating a national civilian investigative body. We still have the situation of the RCMP being able to investigate itself when complaints are made of improper behaviour by police officers. That is not right. There is an elaborate procedure in place that maybe the provinces would undertake something first and if not, then the RCMP would do it and potentially there would be some civilian role in that, but that is not good enough. Some of the provinces do not have the capability of an independent review. Also, there are three territories that do not have an independent police force, and the RCMP does the work there. It is going to be a situation of RCMP officers investigating cases involving their own activities.

The fourth one, which I just talked about, was to have a more balanced human resources policy, removing some of the powers that were proposed for the RCMP commissioner and strengthening the external review committee so cases involving possible dismissal from the force could have an outside review. Now the situation is that the final authority is being given to the RCMP commissioner, with no possibility of appeal or independent review. That is not right.

One of the complaints about that was made by the president of the Canadian Police Association, Mr. Tom Stamatakis, who stated, “Without any additional, and most importantly, independent avenue for appeal, I would suggest there is a possibility that RCMP members could lose faith in the impartiality of a process against them, particularly in situations in which the commissioner has delegated his authority for discipline”. The contrast to that would be the example in Ontario, where a police officer subject to a disciplinary process has the right to appeal that decision against an independent civilian police commission.

These two go hand in hand. Having a proper policy and proper disciplinary process, but also an expectation by police officers themselves that the process is fair and impartial would allow for the cultural change that is required to take place. As the commissioner said, cultural change is required, but legislation cannot bring about all of the cultural change. In fact, he said that the culture of the organization had not kept pace. Commissioner Paulson stated:

—the problem is bigger than simply the sexual harassment. It is the idea of harassment. The idea that we have a hierarchical organization overseeing men and women who have extraordinary powers in relation to their fellow citizens, which requires a fair degree of discipline.

It is the hierarchical system that he says has been part of the problem. Instead of making mandatory sexual harassment training part of the solution, instead of having a more balanced approach in terms of management and perhaps a board of managers to oversee this, what we have done is strengthened the hierarchical system. We have not found a solution to the problem that caused and brought about the need for legislation. Instead of solving the problem, this legislation has actually made it worse.

The member for Kootenay—Columbia asked why members would not vote in favour of it since, in part, it went in the right direction. In fact, we think voting in favour of this bill would not provide a solution at all.

[Tarik Brahmi, NDP, Saint-Jean, QC]

Mr. Speaker, once again, I would like to congratulate the member for St. John's East on his speech. I must say that it is always a pleasure to listen to his fine analysis and his vast legal expertise as he picks apart bills that are brought before us.

I cannot help but draw a parallel between Bill C-15, which we are currently studying in the Standing Committee on National Defence, and the fact that the Conservatives refuse to hand more power over to people outside the system. That is what is happening with National Defence and military justice, and it is also what is happening here with regard to giving people outside the RCMP more opportunity to see what is going on within the system.

I would like to hear his thoughts on that parallel. Does he see a pattern in the Conservative government's actions?

[Jack Harris, NDP, St. John's East, NL]

Mr. Speaker, I thank my colleague for his work on the defence committee.

Yes, we are going through a similar process as we went through on Bill C-42, for which the NDP brought forward a significant number of amendments. We are not through all of them yet, but so far the government has accepted none of the amendments we proposed, and that is the case here.

If there is a problem that requires a solution, legislation is brought forward. If it is inadequate and we provided means to address the problem for which the legislation was created in the first place, we would expect the co-operation that reasonable members of Parliament would address to an issue.

However, it appears the Conservatives say that it is their bill and they will not make any changes. They do not care what arguments are made and what support there is for them logically and from people who are experts in the field. They will continue to do what they want. This seems to be what happened here as well.

[Christine Moore, NDP, Abitibi—Témiscamingue, QC]

Mr. Speaker, my colleague is the official opposition's national defence critic. I know that he is aware of the issue of sexual harassment in the armed forces, which is another government institution. I served in the armed forces. During my recruit course, I had sexual harassment training sessions, and they were given every year.

Does my colleague believe that they could have discussed this issue with other federal departments that have taken measures to prevent sexual harassment? Does he find it acceptable that the issue is not addressed in this bill, even though we know that in many cases it is very important to have women who are able to intervene and who are capable of doing the work of intervening in certain situations?

I would like to hear him speak some more and perhaps compare what he knows about sexual harassment at National Defence with the RCMP.

[Jack Harris, NDP, St. John's East, NL]

Mr. Speaker, there have been complaints in respect to both organizations, but what is comparable between the military and the RCMP is that we have hierarchical organizations in which the people who are senior in rank have an enormous amount of power over individuals below that rank. Therefore, in order to counter that, the culture has to have a very strong and robust anti-harassment policy and clear ways of dealing with it.

Neither in the bill nor anywhere else has the Minister of Public Safety mandated the adoption of clear anti-harassment policies within the RCMP containing specific standards for behaviour and specific criteria for evaluating the performance of employees. We need that kind of commitment from the government if the RCMP is to have the tools to deal with that, and the support and ability for discipline to take place and a fair process to deal with it. What is lacking is leadership by the government.

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, it is important to note certain statistics, because sometimes, in order to understand why a bill has been has been introduced in the House, we have to understand what led up to it.

A number of people in the House have already spoken, but it is very important to remember that more than 200 women who are now employed or who were employed by the RCMP have joined Constable Janet Merlo to bring a class action suit against the RCMP for sexual harassment.

This has caused quite a stir in Canadian society, and justifiably so. It is difficult to come up with a more contemptible crime in the workplace than sexual harassment, or even harassment in any form. I spent 30 years of my life as a labour lawyer for businesses, where staff relations are very important. Everyone wanted to develop harassment prevention policies. The more people talk to each other, the more familiar they become with the issue and the more likely they are to do what they have to do to get rid of harassment. It is the employer’s duty to ensure that the workplace is free from any form of harassment.

The cases that I dealt with in my area of practice were often the most tragic ones. I thought that when I arrived here as a member of Parliament, I would see fewer of these cases. Treasury Board has a great policy, and I really do not see much wrong with it. However, as I often say, the devil is in the details, in the implementation.

I am sure that some of my colleagues are hearing the same kinds of stories from their constituents as I am. Constituents who are public servants, members of the RCMP or some other agency contact us and tell us their horror stories.

I am not going to get involved in legal matters between the government and its employees, but I can barely repress a shudder when I hear some of their stories. I see people who, five years ago, followed the proper procedure: they filed a complaint, talked to their harasser, criticized the behaviour, and ended up being harassed more than before. Then they went to see their supervisor, who looked into the issue and realized that it was true.

Within the Canadian public service, apparently when there is a harasser, an offender, he receives a promotion after going on a training course to become a little more aware of the issue. Although the government claims to be on the victims' side, victims still have to jump through all the legal hoops. If we spent as much time trying to resolve the issue and change behaviours, which are sometimes attributable just to a lack of education and political will to solve the problem, we could avoid these types of situations.

People who are broken come to tell us their side of the story. Many do not understand that it is a case of harassment. Harassment is about control; it is a way of trying to demean someone. If the harassment is psychological, the harasser is messing with his victim’s head. If the harassment is sexual, there will be repeated actions. However, sometimes a single unwelcome act may be serious enough to be called harassment. As there is often a power relationship between the harasser and the victim, the victim often feels caught between a rock and a hard place, caught between losing her job and coping with the despicable behaviour.

We must remember what led to the introduction of Bill C-42. Let us remember the grand pronouncements by the Minister of Public Safety.

He said he would fix the problem and introduce a bill to ensure that the RCMP takes care of the problem. As I said, 200 people have brought a sexual harassment class action suit against the RCMP, which did not protect the victims. That is why we need a meaningful bill.

When Commissioner Paulson was appointed, he said that this was a priority.

When I am called to speak to a bill, I like to read it first, which may surprise the Conservatives, who think we do not read the bills. On the contrary, we in the NDP read the bills. Based on some of the questions I hear in this House, it is clear that some people did not read the bill or they would not be asking the questions they are asking.

The preamble says it all. In fact, it lays out what we would expect to see throughout the bill, but we do not see those things anywhere in the provisions. The preamble says:

Whereas

Canadians should have confidence in their national police force;

That goes without saying.

Whereas civilian review is vital to promoting transparency and public accountability of law enforcement;

That goes without saying as well, but these are concepts that the current government is not grasping. I think the government does not have the right definitions for these concepts.

Whereas civilian review should enhance the accountability of the Royal Canadian Mounted Police to provincial governments that have entered into arrangements for the use or employment of the Royal Canadian Mounted Police;

Whereas all members of the Royal Canadian Mounted Police are responsible for the promotion and maintenance of good conduct and are guided by a Code of Conduct that reflects the expectations and values of Canadians;

And whereas the Government of Canada is committed to the provision of a framework that will serve to enhance the accountability of the Royal Canadian Mounted Police and support its continued modernization;

A preamble like that augurs very well. Anyone reading it would say, “This is wonderful.” Again, the devil is in the details. A number of provisions in Bill C-42 give a tremendous amount of discretionary power to the commissioner.

My colleague from St. John's East did a good job of illustrating how we are in the process of creating a more powerful hierarchy within the RCMP. We know that the police like to investigate themselves. They would opt to investigate themselves every time, if we let them. However, this is at odds with values of transparency and accountability. It is best to have independent agencies.

With respect to labour relations, certain parts of the bill, namely clauses 2 to 34, indicate how the commissioner can make certain decisions. He would not necessarily make bad decisions, but there is a real danger in having the commissioner make all the decisions. Such provisions do not bode well for transparency. The commissioner would make reports and recommendations at certain committees, but implementation of these recommendations would not necessarily be mandatory.

We noticed serious problems during the debate at second reading. We were confident that the bill would be carefully studied at the Standing Committee on Public Safety. And that does seem to have happened. However, as is always the case for a number of committees, the problem arises when it is time to listen to the advice of anyone other than the government. The Conservatives can never listen carefully or actively, and they always have blinders on.

They are so afraid of leaving just one sentence that they have not penned in a bill, not being able to take full credit, not being able to say that they are the best, and so on, that they prefer to be closed-minded and wilfully blind and pass weak laws that may be challenged and may not achieve the desired results. This attitude is unfortunate and does not solve the problem.

To those who think that women will breathe a sigh of relief today because of Bill C-42 and that women will finally be able to put to rest the issue of harassment, feel respected and believe that there will be transparency and accountability, I say this bill deserves a big fat zero.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, it is important to note that it was actually RCMP Commissioner Paulson who ultimately got the government to take action.

Prior to the commissioner's going public in the form of a public letter, the government did absolutely nothing in terms of recognizing how important it was to, for example, allow the commissioner increased capacity to invoke some sort of disciplinary action against members of the force.

That said, there is no doubt that the bill falls short. I think all of us on the opposition benches, whether Liberal or New Democrat, would say that the bill falls short.

The question I have for the member is this: given the shortcomings of the bill, if this bill were to pass as it is today, does she believe the system would actually be worse than it is today, or does she think that at least in some small part the bill does deal with what Commissioner Paulson was hoping to achieve?

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, if it does that in some small part, it is really small. I would need quite the magnifying glass to find it.

I agree with the hon. member for Winnipeg North that Commissioner Paulson—and I am not here to criticize Commissioner Paulson—was appointed at the height of the storm and he made promises. He said he would do things. I will give him all of that. However, the fact that he could delegate some of his powers himself poses a problem.

Just read some of the clauses in Bill C-42 to understand what its limitations are. What will happen when there is no whistle-blower, like the RCMP officer who made this story public and instigated the class action suit? That is often what it takes in these situations. There needs to be a heroine. When you work for a police force, it is not easy to go public and say that you are a victim of sexual harassment. We know that it is such a macho environment and that it has been hard for women to find their place in that environment.

I find that this entire debate on Bill C-42 does not address the underlying issue, which is the pain and suffering of the victims. In short, not enough improvements are being made for us to say that we are taking a step in the right direction with this piece of legislation.

[Candice Bergen, Conservative, Parliamentary Secretary to the Minister of Public Safety]

Mr. Speaker, let me get this right.

We have heard evidence, overwhelming testimony, even on Tuesday morning—and clearly this member has not read a word of it—from not only the independent chair of the complaints commission but the commissioner himself, who has just laid out a very good and very thorough plan called “Gender and Respect”. The goal is to not only stop harassment and bullying within the RCMP but also to make sure there are more women within the RCMP.

Both of these individuals, as well as countless numbers of law enforcement agencies, have said that in order to do this, we need Bill C-42 passed so that we have a framework and can go ahead with the road map.

Let me ask this member a question. She is willing to stop this bill, stop the ability of the RCMP to end harassment and bullying and to have more women recruited into the RCMP. Is she willing to sacrifice all of that because she has a political agenda? Is that what the member is saying?

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, I always appreciate how measured my colleague's speeches are. It seems to me that she did not listen to a word I said or maybe what I said was lost in translation.

On the contrary, measures need to be taken to increase the number of women in the RCMP. However, women wanting to enter these somewhat difficult work settings need reassurance. We need to let them know that we are sending them to work in an environment that is free from every form of harassment. Stories such as what happened over the past few years are not very reassuring at all. And often we only see the tip of the iceberg.

There are some agencies that will come on behalf of the government to say that we must pass Bill C-42. What we are saying is that there were some serious flaws that could have been fixed with a bit of political will. The government shies away from fixing anything if it is the official opposition's idea. That is the problem.

[The Acting Speaker, Conservative, Barry Devolin]

I would like to remind all hon. members that they ought not refer to whether their colleagues are in or outside the chamber.

Resuming debate.

The hon. member for Abitibi—Témiscamingue.

[Christine Moore, NDP, Abitibi—Témiscamingue, QC]

Mr. Speaker, I would like to begin by pointing out that I made a speech on this bill at second reading. In it, I clearly stated my concerns and explained what I felt was missing from the bill.

Now that the bill has been studied in committee, we can see the outcome. We had decided to give the Conservatives a chance, believing that they were perhaps prepared to create a useful bill for the RCMP.

At issue here are the RCMP, accountability, transparency and sexual harassment. We are not discussing a bill about changing the colour of the placemats, but about the RCMP. I was accordingly expecting a degree of openness and a desire to do much more.

The 23 amendments put forward by the Conservatives were mainly grammatical corrections to the French. Is it not rather amateurish for a minister of the Crown to introduce a bill and then have to make so many amendments to correct the grammar? It strikes me that something was really messed up here. It is unacceptable.

It would be understandable if it was a private member’s bill that had to be introduced quickly because the member’s name happened to come up by chance early on, but this bill was introduced by a minister of the Crown who had received assistance from the department and many people, and even so he was unable to submit a grammatically satisfactory product. From the outset, this shows us just how botched it is because it was not worked on enough. It is really not that great.

The focus of the amendments proposed by the NDP was sexual harassment. In the bill as a whole, sexual harassment is mentioned only once, even though this issue was raised many times because of the legal action taken by the women who publicly condemned the fact that they were subjected to sexual harassment. It is a major problem.

If we want our institutions to work properly, then real action is required to deal with sexual harassment. Simply expecting the problem to disappear magically will not do; practical measures are needed.

When I was a member of the military, we received training on sexual harassment from the very beginning of my recruit course. We received such training virtually every year. I cannot remember exactly how many times, but it was fairly often. Soldiers took the issue seriously precisely because some women had spoken out about it at the time. Sexual harassment training and the measures that were introduced can never solve all the problems, of course. Nevertheless, having talked with a number of women who served in the Canadian Forces—veterans who served in the 1970s and 1980s, for example—and having taken training myself, I can tell you that things have changed and that the problem was taken seriously. There is still work to be done, but the situation has vastly improved. It too is a federal institution.

It is therefore important to stop burying our heads in the sand. People say they want more women, but they also have to want them to remain. It makes no sense to launch programs and go to great lengths to encourage women to join the RCMP and our federal institutions unless we are prepared to take steps to ensure that they will stay. It makes no sense at all.

The Conservatives rejected all of the NDP’s amendments, the precise target of which was sexual harassment. This is unacceptable. I believe they did not even look at the amendments as such. They merely looked beside the amendment and decided to oppose it when they saw the letters “NDP”. That is not a responsible attitude. If we really want to improve our legislation and our institutions, especially the RCMP, partisan considerations must be set aside. If some members of this House find it difficult to do that, we should conceal the name of the party submitting the amendment and consider it with a view to providing a logical response, instead of operating in an arbitrary way. This is important in order to improve bills.

We want to avoid having to return three, four, five, six or seven times to a bill on the same subject, namely the RCMP, to make corrections that could have been made at the outset. The government could have put together a very good bill, a complete bill, by showing some openness of mind. However, it decided not to do so. In my view, this is a major problem.

So who pays the price? Women in the RCMP, who will not have access to a legislative system to help and support them. This is not acceptable. For partisan reasons, the government persists in refusing to accept amendments. I am frankly disappointed that the NDP’s amendments were not accepted. It is a pity. What bothers me is the knowledge that it is women in the RCMP who will pay the price.

From my youth, I have always fought for the opportunity to do what I want in life, and never to be limited because I am a woman. I made a career in the military for a few years, and I am proud of it. I would not want other women to decide not to make a career in the RCMP, telling themselves that the situation is intolerable and the government is unable to give them the necessary support. That is not acceptable. In my view, we really should be doing more to protect women and provide them with a safe work environment.

I would like to return to another subject. There has been talk of unionization in the RCMP for over 35 years, but there is no reference to it in the bill. I think that would have been something useful to explore, and it would have enhanced the bill.

Contrary to what the Conservatives believe, unionization comes with many benefits. Usually, unions are dedicated to the welfare of their members. Many social measures have been introduced to workplaces as a result of union lobbying. This bill, however, makes no mention of that. It sweeps it under the rug. Basically, the government is interested in what it is interested in, and that is all, which is a pity. The government could have introduced a solid, comprehensive piece of legislation if it had conducted an in-depth study and been prepared to discuss and accept amendments. The government could have done that for RCMP members. Yet, the government chose not to, which is a terrible pity.

I would also like to briefly turn back to one of the problems with the RCMP: in some cases, it investigates itself. In my opinion, this was a golden opportunity to address the problem. The allegations that women were not taken seriously by the RCMP have recently been the subject of discussion. This is an important issue. The RCMP needs to properly address this issue. Unfortunately, if the RCMP investigates itself, or if an individual investigates himself, the findings may not be worth the paper they are written on.

It is important to understand that the purpose here is not to scold people unnecessarily. When an investigation is launched to determine what has occurred and what went wrong, the goal is not to castigate people and tell them that they are bad or have not done things properly. When a procedure is not followed and there seems to be a problem, the purpose of an investigation is to determine what the problem is, to address it and to find solutions. However, if this process is not followed, the problem will not be solved.

In closing, I believe that more could have been done for women and for RCMP members. It is really a pity that the government has this attitude. When we consider a bill, we must bear in mind that the ultimate objective of important legislation is to make genuine improvements and not to score partisan points.

I believe that something very positive could have been achieved. Unfortunately, the government did not even try to achieve anything with this bill, and that is a great pity.

[Rick Norlock, Conservative, Northumberland—Quinte West, ON]

Mr. Speaker, I listened to the member intently. I am on the Standing Committee on Public Safety and National Security. We did hear from the Commissioner of the RCMP as well as the chair of the Commission for Public Complaints Against the RCMP, the person vested with investigating the whole issue of harassment in the RCMP.

I encourage all Canadians to look at the evidence presented at the committee, which will show, beyond a shadow of any doubt, that what this side of the House is saying is basically correct. He said that there's no systemic evidence of harassment in the RCMP. The Commissioner of the RCMP said there will be mandatory training for all RCMP officers, and that is his intent. To put it in his words, he has aggressive recruitment targets for additional women on the RCMP. I can say, after 30 years of working with both men and women in the police force, that it is possible for men and women to work together. It is possible for those targets to be met.

The member is saying that she is ideologically opposed to what this side of the House is saying, that no good ideas can come from this side, only that side. We are saying that we are listening to the commissioner and the person who--

[Christine Moore, NDP, Abitibi—Témiscamingue, QC]

Mr. Speaker, perhaps the hon. member did not hear the first speech I gave when this bill was at second reading. In it, I explained that this bill was a step in the right direction and that it constituted progress but that it did not go far enough and that other measures were needed. I never said that this bill was just a bad idea and that there was nothing good about it. Rather, I said that it did not go far enough and that we needed to build on it.

Unfortunately, after this bill was examined in committee, the Conservatives refused to go further. That is the problem. The problem is not the initial idea but the fact that this idea is not being transformed into practical measures to address sexual harassment.

The witnesses were not unanimous. In the testimony she gave on October 24, 2012, Yvonne Séguin, the executive director of Groupe d'aide et d'information sur le harcèlement sexuel au travail de la province de Québec, said:

With the 32 years of experience we have, we have found out that when companies do have a clear policy, when employees do know what is acceptable and not acceptable, it makes it much easier for management to deal with the problems.

So, in response to my colleague, I would like to repeat that I never said that the members opposite never have any good ideas. I think that the initial idea was good. However, the government did not take it far enough. The government could have made this bill really great but, unfortunately, did not do so.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, it is important to note that it was RCMP Commissioner Paulson who ultimately led to the government taking action and introducing legislation. I would not give credit to the government for taking action without being prodded by the RCMP, in particular the commissioner, in an open letter to all Canadians. In essence, to quote the CBC in May 2012: “The RCMP's disciplinary process is so bureaucratic and out of date that 'bad apples' end up staying on the force long after they should be thrown out, RCMP Commissioner Bob Paulson said in a remarkably frank open letter to Canadians on Monday”.

Given that the very nature of the legislation allows for some additional authority for the commissioner, is it better that we pass the legislation that at least enables the commissioner to have some of that power, which is something the commissioner himself has been asking for, and look at making changes in the future as opposed to trying to kill the legislation outright? We all recognize that there are many shortcomings in this legislation. It could have done more on sexual harassment and so forth, but would the member agree that this is better than absolutely nothing? According to the commissioner, one might draw that conclusion.

[Christine Moore, NDP, Abitibi—Témiscamingue, QC]

Mr. Speaker, I cannot presume to know what the government's intentions are. It is possible that what happened pushed the government to act but that it would have done so anyway, but I do not have any proof of that. I will assume that it was acting out of goodwill and that it truly wanted to improve the RCMP. That is why I do not understand why it did not want to push this further.

I do not accept that something is better than absolutely nothing when it comes to a bill. I do not think that is logical. We cannot pass a bill just because it is better than nothing. It makes no sense. We must create something excellent, that will improve the situation and that we will not have to revise at some point. Voting for something because it is better than nothing makes no sense to me. That is not why I became an MP.

I want us to have excellent bills that go far enough, that are relevant and that we will not have to revise three, four, five, six, seven or eight times. So no, I do not think this is satisfactory.

[Hoang Mai, NDP, Brossard—La Prairie, QC]

Mr. Speaker, I am pleased to rise today 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.

I would like to begin by saying how important the RCMP and the police in general are to me. My colleague also mentioned this in his speech. When we were young, several of us, including myself, wanted to be police officers. We thought that it was a noble occupation, that genuine conviction was needed to engage in it and that it was a way of dedicating oneself to society. This is part of the process, of the importance that I personally attach to the Royal Canadian Mounted Police. I therefore have enormous respect for all those people who have served, and I know that my colleague opposite has previously served. I tip my hat to them. As a member of various committees, I have had the opportunity to question and speak with RCMP members. Quite frankly, I must say that I owe them an enormous amount of respect.

The purpose of this bill is to solve certain problems that exist at present time. Although we assert that we admire those individuals and that we believe they are doing a good job, as in any organization, there are always minor problems and matters that must be resolved. In this case, we really want to solve those problems. The initial purpose of this bill was to do precisely that. The NDP supported it at second reading so that we could study it in greater detail. However, we knew from the outset that it was somewhat flawed.

I would like to provide more details on the bill’s deficiencies and the positions that have been taken. The bill in fact addresses the process for dealing with sexual harassment complaints within the RCMP. It was introduced in response to the headline-making scandals. It constitutes a government reaction to this problem. Unfortunately, it appears to have been an improvised reaction, since the government's bill contains numerous flaws. I will elaborate on that later.

With Bill C-42, the government wanted and we wanted to solve existing problems and address instances of misconduct. There were abuses of power, intimidation and harassment. So we wanted to give the commissioner the power to decide what disciplinary measures should be taken in those cases. However, one of the issues with Bill C-42 is that it does not solve the problem and, according to some witnesses, even creates more problems. To answer my Liberal colleague's question, that is why it creates more problems. I will come back to this a little later.

The purpose of Bill C-42 was also to add clauses respecting labour relations and to give the RCMP commissioner the power to appoint and dismiss members at his discretion. We see a problem with that. Also, the bill does not go far enough. Commissioner Paulson stated that current legislation was not enough to retain the public's trust and that serious reforms were needed. That is what led to the introduction of Bill C-42. We knew there were flaws and a problem regarding the public's trust in the system.

Once again I repeat how important it is for me to protect RCMP members, the men and women who are doing an outstanding and necessary job to maintain order in the society we live in. It is important for us as legislators to protect the RCMP. We have the opportunity to do it. We see what the public is calling for and what Commissioner Paulson, in particular, has demanded. The public has spoken, and that is why the government ultimately decided to move forward.

When we look at what has happened and where we are headed, we see that this is not enough. We would like the bill to result in a working environment that is more open, more co-operative and, especially, more respectful of all concerned. It would also benefit the RCMP if we brought in legislation that would achieve greater transparency and a better workplace. That would be good for the public and for the RCMP.

However, the minister has not really done his homework and has not gone far enough in this area, particularly with respect to disciplinary investigation procedures.

Here is what is happening. We are creating a new commission, except that, when we look at and analyze the bill, we see that, in actual fact, the RCMP public complaints commission already exists. However, there is no separation here; by that I mean that we do not have an entirely independent commission. We know that the commission already exists, but once again we are ensuring that police officers will manage police officers, or that RCMP people will manage RCMP people.

This commission has to be independent if we are talking about transparency and something more public. Its members must report to people other than the same people who must manage all this. In my opinion, this is one of the more important factors that has not been addressed in the bill for which we made recommendations.

We also have other restrictions in this area, particularly regarding the new commission's ability to conduct independent investigations. Its findings would serve only as a basis for non-binding recommendations. Consequently, recommendations would be made to the commissioner or to the Minister of Public Safety, but they would not be binding. Once again, we see that the "new commission"—as my colleagues opposite call it—would not be independent and would only issue non-binding recommendations. So ultimately nothing much is changing in this area. This is one of the major problems we had.

The second major point that really troubles me about this bill is that it does not address the problem of sexual harassment within the RCMP. On the other hand, I have sometimes heard it said that, if there is not really any sexual harassment, then it is not a big problem. We have to be honest, open our eyes and take off our rose-coloured glasses. This is a problem, but one not exclusive to the RCMP. We must not necessarily point a finger at it alone. Once again, I restate my enormous respect for the men and women who work at the RCMP.

However, we must protect the women who work for the RCMP. We know that our society is evolving. More and more women are entering the labour market. In some places, people's attitudes have not changed. I am not necessarily saying that this is the case in the RCMP specifically, but there are problems that we wanted to address. We really wanted to tackle this issue, to stop burying our heads in the sand and look at what we can really do to get rid of sexual harassment. Unfortunately, once again, this bill is not the answer.

Justice O'Connor made many recommendations. Fifteen of his 23 recommendations concerned the RCMP. As I mentioned, and I would like to mention again for the benefit of my colleagues, in the beginning we supported this bill. We found that it was indeed a step in the right direction. We wanted to move reasonable proposals to resolve the problems I mentioned a little earlier. We put forward 18 amendments that I find very thoughtful and reasonable.

For example, we wanted to include mandatory harassment training for RCMP members in the RCMP Act. How can anyone be opposed to that? Here again, it is obvious that if we bury our heads in the sand and put on our rose-coloured glasses we can say that harassment does not exist. The government is saying that maybe it does exist, that it problably does, that yes, it does. Now we have to take measures. We in the NDP understand that prevention and education are important. The members on the other side are primarily talking about repression. If we want to eradicate certain societal ills, harassment prevention and education are crucial. Among other things, this is what we are proposing here.

We also asked that a completely independent civilian body be established to review complaints against the RCMP. I think it is obvious that a certain degree of independence is essential. Here again, it is not only for the benefit of the RCMP, but also for the public’s benefit. Both the public and the RCMP would come out ahead.

Our goal in establishing this independent body is to reassure Canadians. Obtaining the public’s trust will help the RCMP directly. We must not forget that the RCMP works closely with the general public. It is important to show some transparency and some sincerity, and let Canadians know that not everything is being done behind closed doors. We know that is how the Conservatives prefer to do things, and unfortunately, it comes through clearly in their bills.

We are aiming for openness and consultation. Let Canadians be part of the process.

Moreover, we want to avoid cases where the police investigate themselves.

This bill does not really address the root of the problem, and one of the things that was really disappointing was that none of the amendments we brought forward, and I mentioned all of them, were accepted. We have a government whose members are not listening and not consulting. Unfortunately, that is why we have a bill that is flawed.

[Charlie Angus, NDP, Timmins—James Bay, ON]

Mr. Speaker, I listened with great interest to my hon. colleague, and I want him to speak a bit more on something that I find very concerning.

We see a pattern with the Conservatives where they shut down debate; they invoke closure continually. Whenever there is an attempt to be bipartisan in this House, to actually bring forward amendments to correct bills, because there is no such thing as a perfect bill, the Conservatives vote down every amendment every time. They refuse to address them and allow the ability to change and fix bills. What we see here is this attitude of infallibility. At that moment, Canadians have no reason to trust a government that is not willing to listen to the Canadian people.

Could my hon. colleague comment on why the government is so arrogant and so out of touch and why its members believe themselves to be infallible?

[Hoang Mai, NDP, Brossard—La Prairie, QC]

Mr. Speaker, I thank my colleague from Timmins—James Bay.

Let us not forget that this government is the first in Canadian history to be guilty of contempt of Parliament. That is the essence of this government. Clearly, it does not respect Parliament. It is the first time in Canadian history that a government has been guilty of contempt of Parliament.

Moreover, this government has a majority. It is perhaps trying to make up for the times when it had a minority. It is taking that majority to extremes and ignoring what people have to say.

The recommendations did not necessarily come from the NDP alone. Public servants were consulted. Having served on the Standing Committee on Finance, and now as a member of the Standing Committee on Justice and Human Rights, I know that the recommendations were set aside. I wonder if the government reads them. It scarcely reads them, and when it does so, it is only looking for points to argue.

There is often no reason to reject the amendments proposed, especially when they are reasonable and improve the legislation.

[Andrew Cash, NDP, Davenport, ON]

Mr. Speaker, I too listened with great interest to my colleague's speech and also to many of the other comments that have been made here today in the House. It is clear, based on some of the comments we heard earlier, that members opposite do not seem to have an appreciation that these are important issues in urban Canada as well. We have produced several amendments that the government dismissed out of hand.

In fact, since I was elected in 2011, I believe the government has not entertained a single amendment from the opposition side. However, it has entertained amendments from the unelected Senate. Would my colleague comment about this inclination toward a lack of democracy on the other side of the House?

[Hoang Mai, NDP, Brossard—La Prairie, QC]

Mr. Speaker, I thank my colleague from Davenport for his question.

That is a very good point. I had not yet been elected, but I remember that when the House passed Jack Layton’s bill on the environment, it went to the Senate, and the Senate completely killed it despite the fact that elected members had voted in favour of the legislation. I know that Jack and my colleagues did a tremendous amount of work on it. I had not yet been elected, but I found that extraordinary. I watched the vote on CPAC. That was something I did not often do at the time. To me, it showed real open-mindedness and a vision for the future. I was so happy about it. Nevertheless, without even looking at it, without even referring it to committee or studying it, the Senate killed it.

It is not for nothing that people wish to abolish the Senate. It has become such a partisan place. This is to be expected, because senators are appointed by the Prime Minister. We have seen the results this produces. Senators with a somewhat dubious past or dubious positions are not people who will always have good judgment. Some senators are now demonstrating this.

It is too bad that they listen to what senators have to say about bills, but not to the opposition or to witnesses.

[Jasbir Sandhu, NDP, Surrey North, BC]

Mr. Speaker, it is an honour to rise in this House to speak to this very important bill dealing with the RCMP.

It is important to me and to people in Surrey, British Columbia, because as members may know, Surrey has the largest RCMP detachment in the country. The men and women who work in the RCMP in Surrey do tremendous work to make our communities safe. In fact, I was very proud to have an opportunity to present Diamond Jubilee awards to a current member and a retiree in the last month. I am proud to work with the RCMP on a regular basis and to look at issues that deal with the RCMP on a regular basis.

As the House of Commons, we have a duty to restore public confidence in the RCMP, and we have an opportunity with this bill to do that.

The preamble of the bill states that the goals for this bill are transparency, improving conduct, strengthening the review and complaints body, and dealing with the climate of sexual harassment that exists in the RCMP. Those are all good goals, and we supported these goals at second reading, hoping that we would be able to scrutinize the bill more fully at the committee stage.

However, when we got to the committee, we heard witness after witness pointing out that the bill actually does not address a number of the issues that have been plaguing the RCMP over the last number of years. In fact, for the last six or seven years, the Conservatives have mismanaged this file so badly that the reputation of the RCMP has taken a beating.

Bill C-42 fails to act on any of the recommendations set out by Justice O'Connor in the Maher Arar inquiry that aim to improve the standards of review for the RCMP to meet the needs of Canadians. The bill is supposed to fix years of mismanagement of the RCMP by the Conservatives. The Conservatives presented Bill C-42 as a solution to a dysfunctional RCMP, but it fails to improve any of that.

The bill not only falls short of addressing sexual harassment within the force but also falls short on a number of other areas that the NDP tried to amend in the committee. The NDP put forward a number of amendments meant to ensure that Bill C-42 effectively meets the challenges the RCMP is facing.

Since I was elected in 2011, the NDP has made hundreds, if not thousands, of proposed amendments at the committee stage. I am quite surprised that not one of them has been accepted by the government. One would think that maybe one, two, three or ten would make sense to the government; no. It has consistently rejected all amendments.

Those amendments are based on consultations that happen in the committee. Experts come to the committee and provide expert testimony, but we know the Conservatives do not like to consult. On the aboriginal file, we have seen them fail to consult aboriginal people time after time. This is a similar case.

We had experts at the committee who provided testimony that gave good solutions as to how we could restore confidence in the RCMP. Again the Conservatives failed to take any of the amendments from the NDP. Some of those amendments included adding mandatory harassment training for RCMP members and ensuring a fully independent civilian review body to investigate complaints against the RCMP.

The credibility of the RCMP has taken shots in a number of high-level cases in British Columbia over the last number of years. I have talked to a number of people in my constituency and throughout British Columbia, and I have heard people on the radio as well talking about having a civilian body to investigate the RCMP. Throughout this country, Canadians have been calling for an investigative body that is independent of the RCMP.

Again, the Conservatives had an opportunity with this bill to put the RCMP on the right path and restore the confidence of the people of this country in the RCMP. However, they failed to do that. The bill before us does not address any of that.

Another of the amendments we proposed was to add a provision to create a national civilian investigation body that would avoid having police investigating police. Again, the Conservatives chose not to accept it.

We also offered to create a more balanced human resource policy by removing some of the draconian powers proposed for the RCMP commissioner and by strengthening the external review committee in cases involving possible dismissal from the force.

I would point out again that we saw the deterioration start under the Liberal government, and it has continued under the Conservative government.

The Liberals did not even offer any amendments at the committee stage. We offered 18 amendments, but not one of them was accepted by the Conservative government. The Conservatives voted down every single one of the amendments, ignoring many recommendations made by witnesses at the committee. Witness after witness explained that legislation alone will not foster a more open and respectful workplace for all.

We need to see an ongoing effort from the RCMP and the government to modernize the RCMP. However, Bill C-42 lacks the transparency and accountability necessary for that change. The bill does not go far enough in directly addressing the concerns of women serving in the RCMP, who are calling for urgent action to foster a more inclusive and safe environment for women in the RCMP. As well, the bill has been introduced without the benefit of the findings of the internal gender audit of the RCMP ordered by the commissioner, which is currently under way but not yet completed.

The Conservative approach does not make women in the RCMP a priority, which is necessary if we want to deal with the problem of harassment in the RCMP. My concern is that over and over we see the government attempt to gloss over the real issues within the RCMP and implement quick fixes instead of actually looking at the root causes of the problems and addressing them. Again, the Conservatives had an opportunity to do that; we in this House owe it to Canadians to address these issues, but the Conservatives have fallen flat on that.

The scope of sexual harassment in the RCMP is massive. We have seen a number of women come forward to talk publicly about harassment in the RCMP, and there are currently lawsuits in front of the courts. We had an opportunity to address this problem, but again the Conservatives have failed.

To conclude, I stress that in my community of Surrey and in communities across this country, crime and violence are a reality. Many shootings have occurred in the greater Vancouver region in broad daylight. However, instead of investing in crime prevention programs, the Conservative government is actually making it harder for the RCMP to do its job. Our job is to help the RCMP, give its members tools and resources, and invest in our forces.

The Conservatives had an opportunity to improve the reputation of the RCMP. We must get to the root cause of the internal cultural problem of sexual harassment in the RCMP, and we need to finally have binding independent civilian oversight so that we can deal with the real issues of accountability and transparency and ultimately restore public confidence in our force.

[Don Davies, NDP, Vancouver Kingsway, BC]

Mr. Speaker, I am very pleased to stand to speak to Bill C-42, an act to amend the Royal Canadian Mounted Police Act., an issue that is not only of importance to all members in the House, but is of great interest to the public at large, from coast to coast.

To put this in context, I want to pick up on some of the themes that were mentioned by my hon. colleague from Hamilton East—Stoney Creek, who gave one of the most thoughtful speeches on this subject, or any subject that I have heard in the House in years. What he touched upon, and what is important, was the special relationship that Canadians have with the Royal Canadian Mounted Police. I do not think there is a more memorable symbol of our country around the world than the iconic Royal Canadian Mounted Police figure. It has played a pivotal role in the history and development of Canada and is responsible for delivering police and community safety services in communities across our country.

This long storied history is not uncheckered. Like any organization, it has not been perfect. It has had its challenges in the past and it has its challenges today.

The job that we call upon of our RCMP women and men across the country to do is one that is of utmost importance to Canadians. It is one of the most challenging and difficult ones that exists. We expect these men and women to answer calls in the middle of the night, often alone, and to be first responders at times of crisis, tragedy and emergency. We expect them to be the first people on the scene of an accident to deal with death and injury. We expect them to put their lives on the line in defending our communities and keeping people safe. For that, all members of the House join together in expressing our deep gratitude and respect for the men and women of the RCMP.

At the same time, the RCMP is an organization that is facing some serious challenges. Is it possible in 2013 to create a national police force that has a proper civilian oversight structure? Is it possible to construct a labour relations framework that not only gives management the tools it needs to ensure there is an appropriate standard of conduct for the staff that work under it, as well as a fair structure for the men and women to ensure they have access to justice and are treated fairly and equitably? Is it possible to expect that we can have a national organization that can deal promptly, swiftly, fairly and adequately with important issues like sexual harassment? Is it possible to have a modern-day police force that meets the expectations of Canadians? I think all members of the New Democratic Party say, absolutely, we can do that and in fact we should do that.

Bill C-42 is the Conservative government's response to long-standing claims of sexual harassment in the RCMP and to some difficult scandals that have made headlines as a result of problems with the disciplinary process and, if we are honest, lenient disciplinary measures handed out to officers accused of serious misconduct.

Bill C-42 proposes to amend the Royal Canadian Mounted Police Act in three main areas. First, it adds new provisions to the labour relations clauses and gives the RCMP commissioner the power to appoint and dismiss members as he or she sees fit. Second, it seeks to reform discipline, grievance and human resource management processes for members. Last, it seeks to reform the former Royal Canadian Mounted Police Public Complaints Commission by establishing a “new” civilian complaints commission and implement a new framework to handle investigations of serious incidents involving members.

Because of the immense respect we have for the RCMP, we can talk about some of these challenges. We have had cases of deaths occurring in custody. In my home province of British Columbia, some very serious questions were raised about the conduct of RCMP officers when civilians died while in the hands of the police. Over 200 women have joined a class action lawsuit alleging sexual harassment against members of the RCMP and making the more disturbing allegation of a widespread, well-entrenched system of gender harassment within that structure.

Bill C-42 reiterates many of the provisions of Bill C-38 from the 40th Parliament. At that time, the NDP criticized that bill for not going far enough in dealing with these very important issues. A very significant difference from the former Bill C-38 and the present Bill C-42 before the House today is silence on the issue of unionization of the RCMP. I would like to start there for a moment.

There has already been a court decision that has struck down the labour relations structure in the RCMP as being unconstitutional. As I said when I was public safety critic, the RCMP is the only police force in the country that does not have the right to have its men and women freely choose their bargain representative and engage in free collective bargaining. It is a national embarrassment. It is also unjust to the men and women who all members of the House claim to support and respect. If we truly respect the men and women we send into dangerous situations, should we not also respect their ability to decide who will bargain the terms and conditions of their work and raise concerns as any other group in the country is free to do? I think we do.

It is not acceptable that to this day the government has not replaced the bargaining structure in the RCMP with a free collective bargaining structure that respects norms, a bargaining structure that not only every worker in the country expects but that is contained in international treaties to which Canada is signatory. The main reason we oppose the bill is that it refuses to deal with this very important issue.

When we talk about sexual harassment, as my friend from Hamilton East—Stoney Creek so eloquently pointed out, one of the many workplace issues that organized labour has worked toward in the county and has helped improve is the situation of harassment in the workplace, including sexual harassment. It is only by changing workplace culture and the attitudes not only of management but of the men and women who are in a bargaining unit or performing labour that we can make meaningful progress.

The fact that the government has failed to act as the court has directed it to—that being to replace the unconstitutional labour relations structure with one that actually conforms to our law and the legitimate desires of the men and women in the RCMP—is a contributing factor to the poisoned context and situation that occurs in many RCMP detachments across the country.

The NDP supported the intention of Bill C-42 to modernize the RCMP and address issues such as sexual harassment in the force and voted for the bill to move to committee because we believed that it was important to work with the government to bring in effective legislation. We made that good-faith attempt.

The New Democrats members on the committee proposed 18 amendments to help strengthen the bill and make it conform to not only the necessities of good legislation but also the dictates of previous commissions and the requests of very informed respected people who were knowledgeable about the RCMP, such as former RCMP complaints commissioner Paul Kennedy, groups such as the Supreme Court of Canada and people like Justice O'Connor, who made recommendations in the aftermath of the Arar inquiry as to how the RCMP could improve its standards. These are eminent non-partisan people who have made a number of deeply thoughtful suggestions as to how we can modernize and improve the RCMP. The NDP wanted to help build that legislation.

Unfortunately, the Conservatives rejected every one of those 18 amendments. For Canadians watching, this is a common daily occurrence in the chamber.

I have been in the chamber long enough to know that no party has a monopoly on good ideas. Sometimes they come from the right, sometimes from the left and sometimes from the centre. However, the Conservatives have an unprecedented fashion, governed by rejecting virtually every idea that comes from any other part of this chamber, because they are hyperpartisan and extreme.

We hear the hon. members clapping when they are called extreme. I will leave it for Canadians to judge the thinking that goes behind that.

I want to point out, as well, that the bill fails to directly address the issue of sexual harassment in the force. It fails to bring a civilian oversight body that is truly independent. It fails to deal with the unionization requirements of the workforce. It also fails to put in an adequate system that would deal with sexual harassment.

The New Democrats remain ready and willing to work with the government to fix those problems and we urge it to do so. The men and women of the RCMP and the public deserve to have a modern RCMP that upholds the finest traditions of this force and makes it prepared for the century ahead.

[Candice Bergen, Conservative, Parliamentary Secretary to the Minister of Public Safety]

Mr. Speaker, is my hon. colleague aware of some of the amendments that his colleagues put forward during committee? One of them was to change the short title of the bill, which really had absolutely no purpose. Therefore, we defeated that one as it was not a good amendment.

Another proposed amendment shows that the NDP is not ready to govern because it does not know legislation and how it works. The NDP wanted to use word “harassment” within the legislation. We argued, and the Liberals agreed with us, that we did not put specific words in legislation like that. We give the RCMP the ability to deal with all kinds of inappropriate behaviour.

Ian McPhail just came forward with the report that stated harassment was not the number one problem in the RCMP, that it was actually bullying. The members on that side are strangely silent on that issue right now, which is smart. The bill would give the RCMP the ability to modernize the discipline process to deal with not only harassment but bullying and other inappropriate behaviour. It would give it the ability to have an absolutely independent civilian oversight body, as well as a number of other things for which the commissioner and the chair of the complaints commission asked.

The NDP members are down to process arguments. That is all they have left. They did not get their poorly written amendments passed, so they will not support the bill.

Is that what the member really thinks is going—

[The Acting Speaker, Conservative, Barry Devolin]

Order, please. The hon. member for Vancouver Kingsway.