Mr. Speaker, I am pleased to have the opportunity to speak to the important bill now before us at third reading.
As members are aware, the Supreme Court of Canada ruled in January of last year that a number of key provisions of the labour relations framework for the Royal Canadian Mounted Police violated the Canadian Charter of Rights and Freedoms. Indeed, the court outlined that interfering with the right of RCMP members to the collective bargaining aspect of the labour relations regime in place at the time was an infringement of RCMP members' charter guarantee of the right to freedom of association.
In accordance with the Supreme Court's timeline, that labour relations regime was dissolved on May 17. Right now, RCMP members are being provided with workplace support through the members' workplace services program on an interim basis. However, as I will discuss shortly, the House must move quickly to implement a new legislative framework governing labour relations in our national police force. As such, I invite all members to join us in support of Bill C-7, an act to amend the Public Service Labour Relations Act, the Public Service Labour Relations and Employment Board Act and other acts and to provide for certain other measures.
That this legislation was brought before the House so quickly is a mark of our government's determination to respect not only the ruling of the court, but also, in a timely manner, to respect the constitutional right of the thousands of men and women who serve Canadians from coast to coast to coast. This government takes the protection and security of Canadians very seriously. Since the RCMP plays an integral role in achieving this objective, it makes sense that we should make every effort to protect the rights of those who protect us.
Let me now turn to how Bill C-7 would achieve these essential goals. In the first instance, as the court made clear in its decision, in order to comply with the Charter of Rights and Freedoms, a labour relations regime must be based on two fundamental principles: one, it must provide for independence, in the sense that an employee organization must be independent of management; and, two, to comply with the charter, a labour relations regime must provide choice, in the sense that employees have the opportunity to choose for themselves the organization they wish to represent their interests to their employer.
By contrast, to quote the decision of the court, the labour relations framework known as the staff relations representative program was:
… not an association in any meaningful sense, nor a form of exercise of the right to freedom of association. It is simply an internal human relations scheme imposed on RCMP members by management.
Bill C-7 would enable the very opposite. It speaks to that which is the essence of bargaining as a collective: an independent organization, not beholden to management, freely chosen by the people whose interests it was created to represent and uphold.
RCMP members and reservists, for the first time, would enjoy the same labour relations rights that other employees in the federal workplace have enjoyed for more than four decades: independence and their choice of representation.
Before I get into the details of the bill, I think it worthwhile to remind the House how the bill came to look the way it does. The Government of Canada could not simply impose these changes on RCMP members. It was important that the government hear and take into account the views of RCMP regular members.
RCMP members were consulted through a variety of channels, from an online survey to town hall sessions in more than a dozen communities across the country. More than 9,000 regular members completed the survey, and over 650 people participated in the town hall sessions.
At the same time, recognizing that the RCMP, through police service agreements, provides police services in many jurisdictions across Canada, and that a change in labour relations may have implications for those agreements, Public Safety Canada engaged in discussions with the provinces and territories that are served by the RCMP.
The bill before us today is in keeping with the decision of the Supreme Court and also with the results of consultations with RCMP regular members and reservists and contracting jurisdictions.
The views and preferences expressed during those consultations with RCMP members and reservists were clear. A large majority stated that they wanted: first, the option for a unionized RCMP; second, independence from RCMP management; third, representation in a single national bargaining unit of RCMP members and reservists by a bargaining agent whose principle mandate is the representation of RCMP members; and fourth, binding arbitration with no right to strike.
Bill C-7 addresses each of these four key points, which come from RCMP regular members and reservists themselves. RCMP members and reservists told us they wanted the option to unionize. This bill would provide them with the option to choose whether they wish to be represented by a bargaining agent, in a sense, a union. They told us they wanted independence from RCMP management, and this bill would enable a bargaining agent that is independent from the influence of RCMP management.
A majority said they wanted representation in a single national bargaining unit of RCMP members and reservists by a bargaining agent whose principal mandate is the representation of RCMP members. This is a point worthy of further explanation.
The government agrees that should RCMP members choose to be represented by a union, that bargaining agent must have the representation of police forces as its only responsibility. To do otherwise opens the possibility of a potential conflict in loyalties. It would be unfair and unwise to put RCMP members in the position of having to police members of another bargaining unit with which the members were affiliated.
The government also agrees that the bargaining agent should be a single national body rather than having the national character of the RCMP altered by the formation of regional unions.
We are confident that Canadians will see these provisions as appropriate. Again, most RCMP members themselves believe this to be the best course. Indeed, one of the reasons it is important for us to adopt this legislation quickly is that since the previous labour relations regime was dissolved on May 17, the RCMP finds itself in an interim period. The sooner Bill C-7 is in place, the sooner we can ensure that regional bargaining agents or bargaining agents that are not exclusively focused on policing do not begin to establish themselves within our national police force.
The bill would also achieve the independence and choice demanded by the court decision by bringing RCMP members and reservists under the governance of the Public Service Labour Relations Act, thus aligning RCMP labour relations with that of the rest of the federal public service. This means RCMP regular members and reservists would have the right to negotiate a collective agreement, as bargaining agents have been negotiating on behalf of other federal employees for decades, and as is the case for every other police service in Canada.
Existing provisions of the Public Service Labour Relations Act that exclude employees in managerial and confidential positions would apply to the RCMP. As well, when the act is applied to the RCMP, officers holding the rank of inspector and above would be excluded from representation.
This bill would enable the negotiation of collective agreements that would cover things one would expect to find in such agreements, from rates of pay and pay increments to hours of work and work scheduling. RCMP regular members and reservists would be able to negotiate, among other things, overtime and extra duty pay; shift and weekend premiums; designated paid holidays, vacation and sick leave; parental and maternity leave; career development; and education. In other words they could negotiate provisions we have become accustomed to seeing for many, many years in the collective agreements that have been negotiated in the federal public service and in public and private sector organizations across Canada.
Further, the Public Service Labour Relations and Employment Board would be charged with administering the process for RCMP members, just as it does for all other employees of the Treasury Board of Canada.
As one would expect, Bill C-7 takes into account the particular circumstances of the RCMP and the important role of the RCMP as Canada’s national police force in ensuring the safety and security of Canadians.
Accordingly, it restricts certain matters from negotiation or inclusion in any arbitral awards that impact the RCMP's ability to operate in an effective and accountable manner.
Things such as law enforcement techniques, including methods of interrogation, crime analysis, witness protection, DNA collection, search and seizure techniques, and so on, would be non-negotiable.
Other exclusions from collective bargaining or arbitration would include, for example, the uniform, order of dress and equipment of the RCMP; deployment; and conduct and discipline, including inappropriate behaviour, commonly recognized as harassment, and enforcement techniques. These kinds of exceptions are by no means unusual, but as I know, the issue of conduct, including harassment, has been the subject of much discussion in the House and in committee, allow me to reiterate that it is a priority for our government to ensure that all RCMP members and employees feel safe and respected at work.
The Minister of Public Safety has made clear directly to the RCMP commissioner that in dealing with harassment we expect comprehensive, transparent investigations; serious disciplinary measures; support for victims; and concrete action to end toxic workplace behaviour.
As the House has been informed, the minister has asked the Civilian Review and Complaints Commission for the RCMP to undertake a comprehensive review of the RCMP's policies and procedures on workplace harassment and to evaluate the implementation of the recommendation it made in 2013. Going forward, the minister will continue to be active on this important part of his mandate from the Prime Minister to ensure that the RCMP and all other parts of the public safety portfolio are free from harassment and sexual violence.
I will close by returning to the four key elements RCMP members told us they wanted to see in a new labour relations framework. They want the option for a unionized RCMP; independence from RCMP management; representation in a single, national, bargaining unit of RCMP members and reservists by a bargaining agent whose principal mandate is the representation of RCMP members; and binding arbitration with no right to strike.
It is fitting to end my remarks today on the last element. I believe it speaks to the commitment and dedication of the members of our national police service that members themselves have told us they should not be allowed to withdraw their service.
Clearly, RCMP members understand their responsibility, and this government understands its responsibility, which is to respect the decision of the Supreme Court of Canada and bring forward a bill that assures RCMP regular members and reservists of their charter right to freedom of association. That is the bill we have before us now, and I urge all members of this House to join the government in supporting its expeditious passage.