Madam Speaker, it is a pleasure to rise today in support of Bill C-7. The bill before us today would uphold the constitutionally guaranteed freedom of RCMP members and reservists to engage in meaningful collective bargaining.
Collective bargaining is a right that other police officers in Canada have enjoyed for many years, but it is a right that has not been given to the members and reservists of the RCMP, individuals who over the past 143 years have contributed so much to our proud, strong, and free nation.
As the Minister of Public Safety said when he appeared before the public safety committee, RCMP members are dedicated to their work and to serving Canadians and they must perform their jobs while often facing immense challenges and very real dangers. He stressed that it is important that our government support the work of our RCMP members and take all proper steps to ensure they can exercise their charter protected freedoms, including freedom of association. In fact, the Royal Canadian Mounted Police regulations imposed on members a specific form of employee representation called the staff relations representative program. This program was found to be unconstitutional as it was not independent of management and RCMP members could not choose the employee association that represented them. Moreover, staff relations representatives were limited to giving advice. Management still had the final decision.
Bill C-7 is a clear and reasoned response to the Supreme Court of Canada's decision in the case of Mounted Police Association of Ontario v. Attorney General of Canada. The Supreme Court found key parts of the current RCMP labour relations regime unconstitutional. In particular, the court struck down the exclusion of RCMP members from the definition of “employee” in the Public Services Labour Relations Act. The court also held that a section of the Royal Canadian Mounted Police regulations infringed on the Canadian Charter of Rights and Freedoms. However, the court affirmed that section 2(d) of the charter “...protects a meaningful process of collective bargaining that provides employees with a degree of choice and independence sufficient to enable them to determine and pursue their collective interests”.
In the case of the RCMP, the court determined that the staff relations representative program did not meet the criteria necessary for meaningful collective bargaining. Therefore, the court held that this violated the charter right to freedom of association.
Bill C-7 would provide RCMP members and reservists their independence and freedom of choice in labour relations matters while recognizing the unique operational reality of policing.
The bill in question is a product of careful consideration of the results of consultations with key stakeholders. The first was with regular members of the RCMP through online and in-person consultations. The second was with the provinces, territories, and municipalities that have policing agreements with the RCMP.
Bill C-7 has a number of important features. First, it provides for independent binding arbitration as the dispute resolution process for bargaining impasses. Consistent with other police forces across the country, the members of the RCMP bargaining unit would not be permitted to strike. This was the strong preference of those members who participated in the 2015 consultation. The bill would provide for a single, national bargaining unit composed solely of RCMP members appointed to a rank and reservists. Also, the RCMP bargaining agent, should one be certified, would have as its primary mandate the representation of RCMP members. Again, regular members showed clear support for these provisions. The bill also excludes officers appointed to the ranks of inspector and above from representation in the union. Finally, the Public Service Labour Relations and Employment Board would be designated as the administrative tribunal for matters related to RCMP member and reservist collective bargaining, as well as for grievances related to a collective agreement.
The board, and the Public Service Labour Relations Act, would also be renamed to reflect the addition of RCMP member and reservist collective bargaining to its jurisdiction. In making recommendations for appointment to that board, the chairperson would take into account the need to have two members with knowledge of police organizations.
Bill C-7 was introduced on March 9. After second reading, the Standing Committee on Public Safety and National Security carefully studied the legislation.
The committee heard from numerous witnesses, both labour and management, and had a fulsome debate on the legislation. These witnesses spoke about the opportunity this legislation would provide to create improved working conditions and the importance that RCMP members placed on representation. As a result of their testimony, the committee amended the legislation to remove clauses 40 and 42, which dealt with health coverage for members.
There were concerns expressed about these clauses by almost every witness who testified. I am proud to be part of the committee that listened and, as a result, improved the legislation before us today.
I share the concerns expressed by some witnesses about harassment in the RCMP. The mandate letter of the Minister of Public Safety and Emergency Preparedness states that he will take action to ensure that the RCMP and all other parts of his portfolio are workplaces free from harassment and sexual violence. Through conversations with the minister and his staff, I know that the minister has made it a priority to address harassment in the RCMP.
One of his first acts last February was to ask the chairman of the Civilian Review and Complaints Commission to evaluate how the force has responded to his 2013 recommendations. Since concurrence at report stage, the extension given to the government by the Supreme Court of Canada to put in place a new labour relations regime for the RCMP has expired. Given this, the delay in passing Bill C-7 could have numerous adverse affects. As it now stands, there is currently an overlap between the RCMP Act and the Public Service Relations Act regarding grievance procedures, which could result in confusion and conflicting interpretations.
The longer the delay, the greater the uncertainty among RCMP members regarding proposed labour relations and how it could apply to them. This is why we must show our support for the dedicated and proud members of Canada's national police service. It is incumbent upon us to give RCMP members and reservists the respect they are due by passing this legislation, so I invite all of my hon. colleagues to join me in supporting this bill.