Christine Moore

[Corrections and Conditional Release Act, September 20th, 2012]

Mr. Speaker, I rise today to speak about Bill C-293, which intends to create a category of vexatious complainants in the correctional system's complaints and grievance procedure. This bill amends section 91 of the Corrections and Conditional Release Act.

I would like to quote section 91, which has to do with access to the grievance procedure: “Every offender shall have complete access to the offender grievance procedure without negative consequences.” This section ensures that all inmates in the correctional system have free and equal access to the grievance procedure in the event of problems or threats to their health or safety, for example.

The section is not there by accident. The complaints and grievance procedure in prisons was instituted by a parliamentary subcommittee in the 1970s. At that time, numerous revolts and violent incidents were tainting prisons and making the environment dangerous for everyone—inmates and employees alike. The complaints and grievance procedure was a way to let inmates use something other than violence to express their concerns and resolve their problems.

Today, we are being asked to amend this section that provides inmates with the opportunity to express themselves and to try to deal with a problem or frustrations by a means other than violence. The proposed amendments are as follows:

If the Commissioner is satisfied that an offender has persistently submitted complaints or grievances that are frivolous, vexatious or not made in good faith, the Commissioner may, in accordance with the prescribed procedures, prohibit an offender from submitting any further complaint or grievance except by leave of the Commissioner.

The general idea is to give the commissioner the discretion to prevent certain complainants from filing grievances. Naturally, not every complainant, but only those who the commissioner deems to be vexatious, in other words those whose complaints are frivolous and not made in good faith.

I would like to re-examine the idea of a frivolous complaint. The member for Scarborough Centre, who introduced this bill, gave an example of a complaint that she considered to be frivolous involving a radio. I will cite the example she mentioned in a previous speech.

...an inmate who had an issue regarding a radio that he owned which, after his transfer to a new institution, no longer worked...He then filed another complaint on the same issue while his first grievance was still being evaluated in conjunction with the institution that he had been transferred from.

For someone unfamiliar with prison life, filing a complaint about a radio may seem frivolous. However, my colleague has overlooked some considerations. First, it is very important to remember that, in a correctional facility, what may seem insignificant, frivolous or vexatious to us may, on the contrary, be very important to the inmates. Some things in life that are not important to us, can be important to inmates.

To overlook this difference in perspective is to oversimplify things in this discussion on grievances and complaints. This type of complaint can also very often conceal other frustrations or problems that the inmates are unable to articulate such as conflicts between inmates, long-standing stress, harassment or problems with depression. In this case, the radio was simply the last straw.

In reality, deeming this example futile or not legitimate is in fact a very simplistic solution. It ignores another latent and perhaps more serious problem or one that urgently needs to be resolved. In this case, an inmate with a more serious latent problem who makes repeated complaints would now have his problem deemed not legitimate and he would be prohibited from filing more complaints. The situation would be unresolved and would worsen, without any escape route for that inmate. This is obviously not the right solution.

In this case, this type of complaint is not necessarily about settling a dispute over a radio, but instead provides information on the more general situation in the institution and with the inmates, about the tensions inside the prison walls or with the staff. If we consider this perspective, it is important to keep the line of communication between institutional management and the inmates open and free.

Actually, according to the 2010-11 annual report of the Office of the Correctional Investigator: “The offenders complaints and grievance system is an important barometer for gauging the experience of the inmate population.”

We also must bear in mind that 48% of complaints have an extended response time. The time taken to deal with a complaint varies according to its code and coding complaints is a problem as well.

According to the document entitled “Audit of Offender Complaint and Grievance Process, Internal Audit” published by Correctional Service Canada in 2009, 67% of priority complaints were classified as such and only 13% of urgent cases were classified as urgent. What is more, only 64% of harassment complaints were correctly coded.

Making a second complaint, or repeated complaints, about the same subject may be an attempt to attract attention to a problem that is more urgent than it appears, or to a complaint that might have been improperly coded and not handled in a timely fashion. As a result, I stress again that the examples of repeated complaints, or complaints considered to be frivolous, that the hon. member for Scarborough Centre gave in order to justify this bill, do not seem very relevant to me, given all the limitations and different perspectives that it completely ignores.

The hon. member for Scarborough Centre acknowledges that the burden of complaints is very onerous for the prison system and that it is a problem that needs to be solved. I agree with that. But she feels that the bulk of the complaints and grievances comes from a small number of inmates who see writing frivolous complaints as a way to pass the time and that, by forbidding them to file complaints, the problem will be solved.

I am going to quote some examples from the Office of the Correctional Investigator's report for 2010-11:

Correctional Service Canada has reported a noticeable rise in the volume of offender complaints and grievances for the top five subject categories.

Indeed, many of the top grieved subjects correspond to topics and priorities that the Office has reported upon in recent years: general 'hardening' of the conditions of confinement; declining quality of dynamic security and staff-offender interactions; inconsistent quality of and accessibility to health care services; access to programming; restrictions on group privileges and individual rights.

So what I gather from this report is that, according to the Office of the Correctional Investigator, the increase in complaints is not a result of frivolous complaints. No, the increase in complaints is rather the result of the inability of recent governments to consider the true priorities in the prison system, priorities that the office has been mentioning in recent years.

The New Democrat members who were on the Standing Committee on Public Safety and National Security when this bill was studied were in favour of creating mediator and grievance coordinator positions in the correctional institutions, a proposal that the Conservatives felt was irrelevant.

I would like to quote another section of the same report from the Office of the Correctional Investigator:

Institutions with mediators appear to reflect an improved percentage of complaints and grievances resolved at the lowest level.

Institutions that retain a Grievance Coordinator for more than one year appear to process complaints and grievances more efficiently and at a higher rate.

Institutional Heads who place a high importance on the Offender Complaint and Grievance Process appear to reflect a higher percentage of resolved complaints/grievances and a lower percentage of overdue complaints.

I would like to mention that the report is available online. Therefore, I would like to advise the member for Scarborough Centre to read it. I would like to close by saying that I will not be supporting this bill because I think it will lead to more violence in the correctional systems and it in no way addresses the true problems underlying the fact that people file repeated complaints.

[National Defence, September 20th, 2012]

Mr. Speaker, this is just one more an example of the shoddy work done by the Conservatives on this file. Since 1988, our pilots have been saved by the twin-engine CF-18s 228 times: there were two engines. It is easy to see why the CF-18s were a good choice for our forces; this was an insurance policy that pilots will not have with the Conservatives' F-35s.

Can the Conservatives explain why they chose the F-35 when it will not give pilots a second engine that could save them in the event of a disaster?

[Enhancing Royal Canadian Mounted Police Accountability Act, September 18th, 2012]

Mr. Speaker, first of all, I would like to take the time to thank my distinguished colleague for his service in the RCMP.

On the question of whether or not Parliament should take action, I would first like to explain that when we speak publicly about the problems of sexual harassment within the RCMP, it tarnishes the reputation not only of the RCMP, but of the country. In fact, in my humble opinion, the RCMP represents Canada, and when the RCMP's reputation is tarnished, so is Canada's. Yes, I do believe that Parliament has the mandate to take action to prevent situations from tarnishing the RCMP's reputation. Of course, logic does apply: for example, if Parliament passes legislation that requires organizations to put in place an anti-harassment policy—which would make sense—Parliament will not spell out what the policy must contain and what the specific measures are to be. That is the job of the organization. There will be a general framework. Parliament will not specify internal policies; it will take a more general approach.

In my opinion, the logic is simple and it makes sense to act in this way.

[Enhancing Royal Canadian Mounted Police Accountability Act, September 18th, 2012]

Mr. Speaker, in reply to my colleague, I would say yes, I am a little disappointed. The government has not approached the issue of sexual harassment from a systemic viewpoint. It has not really tried to identify all the implications of sexual harassment and it has not tried to address all the different factors that lead to sexual harassment or that will ensure that it stops happening.

By refusing to take a systemic approach, by refusing to take more of an interest in the corporate culture, the government has missed worthwhile aspects that could have been added directly to the bill at first reading in order to improve it. That is unfortunate. We hope that the committee will address this shortcoming when it studies the bill and that it will make improvements so that the bill is right for the RCMP.

As I said earlier, it must be understood that the bill must be designed not for a political party, but for an institution that bears the maple leaf on its insignia and that is very representative of Canadian culture. I hope that the committee will truly be open to improving the bill.

[Enhancing Royal Canadian Mounted Police Accountability Act, September 18th, 2012]

Mr. Speaker, with respect to organizational culture, one of the limitations of this bill is that it focuses too much on repression, on what happens after incidents happen. During the committee's study of this bill, it would be interesting to discuss the possibility of requiring team leaders to adopt an anti-harassment policy.

Is the government really doing everything it can to prevent harassment, and how? We can talk about these things in committee because right now, it seems that there is a lot more emphasis on what happens afterward than on what happens before, when the emphasis should be on preventing such incidents.

[Enhancing Royal Canadian Mounted Police Accountability Act, September 18th, 2012]

Mr. Speaker, obviously one of the main points for resolving the problem of sexual harassment is that we need to ensure that members who decide to file a sexual harassment complaint are protected from retaliation, which is under-reported. It is a problem that is not always obvious and is not necessarily documented. Retaliation can crop up in the work environment and in little, everyday gestures. Individuals might be ignored, making them feel like they are no longer a part of the team. It is something that is not tangible.

This is something that will have to be looked at in more detail when it is studied in committee to ensure that no retaliation occurs against people who file a complaint. During the study in committee, witnesses will be able to suggest improvements to the bill and to work more on sexual harassment.

[Enhancing Royal Canadian Mounted Police Accountability Act, September 18th, 2012]

Mr. Speaker, I would like to congratulate you on your new role.

I am very 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. This bill is about the RCMP and is intended to renew public confidence in the institution. It is also intended to renew the confidence of RCMP members in their institution. They have very unusual working conditions. They are required to respond to dangerous situations. I think it is critical to renew the confidence of RCMP members in their institution. We owe them that much because of the work we ask them to do.

This debate in the House is long overdue. Over the years, this government and its predecessors could have and should have implemented a number of measures. In 2006 and 2007, several reports were published, including one by Justice O'Connor and another by the task force set up to provide advice on strengthening the accountability and governance of the RCMP.

Justice O'Connor's report, published in 2006 regarding the Maher Arar case, recommended that Parliament create an organization in charge of overseeing the RCMP similar to the Security Intelligence Review Committee.

In 2007, the Task Force on Governance and Cultural Change in the RCMP suggested creating an independent board, which would help assure Canadians that the government could not intervene directly in the RCMP's activities and give any so-called advice to the commissioner, who reports directly to the minister.

Since that time, over 200 female members of the RCMP have filed a class action suit alleging sexual harassment within that organization. A few other problems have also undermined the confidence of the Canadian public in the RCMP, particularly serious incidents like the death of Robert Dziekanski.

These problems are not new and people have known about them for years. However, in order to open the debate, 200 women had to file complaints and several scandals had to erupt. It is unfortunate that so much time was wasted and that the health and safety of some members of the RCMP—and of Canadians in general—were jeopardized.

I am a nurse by trade, but I also began studies in workplace health and safety. I was particularly interested in psychological health in the workplace. Furthermore, as a woman, sexual harassment cases also interest me. Everyone would have been better off if we had worked on this issue earlier, because by allowing the climate to worsen, we may have missed out on the work of good people who could have made a contribution to the RCMP. We really need to change the corporate culture of that organization. This issue in particular really interests me.

I would also like to emphasize that the RCMP has served Canada with distinction for a very long time. Although these incidents may have shaken Canadians' trust in the RCMP, I have no doubt that it will restore its image, resume its role and regain public trust, and in turn, the trust of its members.

This bill helps on several fronts. It strengthens public trust in the RCMP as the institution responsible for Canada's national security. This goal is extremely important, as I am sure everyone here would agree.

This bill also seeks to enhance transparency and public accountability when it comes to policing and security. This is another essential step in restoring Canadians' confidence in their institutions. The purpose of this bill is to reform the disciplinary investigation procedure and to implement a new civilian complaints commission.

I would like to take a moment to talk about a case of sexual harassment and misconduct that occurred within the RCMP that we heard a lot about. Harassment is not acceptable and should not be taken lightly. Often, the problem is bigger than just one specific case of harassment.

There is one case that many people are aware of that occurred in British Columbia. Having to endure sexual harassment for years leaves a serious mark on a person and can change her life, her family's life and her marriage. This is something that really needs to be taken seriously.

In the case of the RCMP, the complaint and redress mechanism, which consists of transferring a person accused of sexual harassment to another province, is no solution at all. When someone is accused of sexual harassment, transferring him to another province simply moves the problem from one province to another. From a corporate culture perspective, if a person who has been accused of such behaviour has a tendency to have a negative influence on his younger colleagues and he is transferred to another location, then we are merely transferring the problem. We also risk creating another problem. Young members of the RCMP could be influenced by someone who has behaved unacceptably and who, after being accused, may not have necessarily understood that he had to change his behaviour or what caused him to behave in such a manner and how he could do things different to ensure that he did not behave that way again. In addition, by transferring an offender from one province to another, we are completely ignoring the victim and trauma she experienced.

As I mentioned, this could put other women in other places in danger and victimize others. We are thus ignoring a recurring problem in general workplace culture where there are no measures in place to change the situation. Although we talk about harassment in corporate or general culture, it is really the little things that people say and do that everyone considers normal that can lead to sexual harassment. When it comes to sexual harassment, the corporate culture has to be examined and all members have to be educated as to what is acceptable and what is not. Members also need to know why certain behaviours are unacceptable and why something that may seem harmless to some could, in actual fact, lead to an unfortunate trend. This is a very serious problem that must be viewed in global terms. The accused must not simply be transferred and moved from one location to another.

If we want to restore the public's confidence in public safety institutions, and also the confidence of RCMP members, especially women, in their workplace, it is very important to propose changes to the internal operations of the RCMP and to complaint procedures. All hon. members in this House agree that we cannot do without the skills of women working in a workplace such as the RCMP. If women are not interested in joining the RCMP, the organization will not benefit from the talent of thousands of Canadians who could make an exceptional contribution. For that reason alone, it is very important to take this issue seriously and to restore public confidence. We want to ensure that the RCMP is not deprived of the talent of Canadian women who, with everything that is going on, could choose another career given the risks or their lack of confidence in this institution.

They may no longer have confidence and believe if they decide to work for the RCMP, that they may not be protected. They may wonder if anything will be done for them if they experience difficulties. It is very important to restore this trust.

The status quo is unacceptable and we must take action. We will support this bill to ensure that it is sent to committee to be improved, to truly meet women's needs, and to prevent sexual harassment.

Although my remarks today have focused on women, I would like to state that victims of intimidation or harassment, whether or not it is sexual harassment, are not just women. This type of misconduct must be taken very seriously.

I have obviously spoken primarily about women because of the 200 women who have launched a class action suit. However, I realize that men probably face the same problems of harassment and intimidation and are unable to do their jobs in normal conditions. That is also worrisome. We need to take action to resolve this problem.

This bill is a step in this direction because it reforms the disciplinary process. However, I think it is unfortunate and damaging that the government is not proposing that we work specifically on an internal harassment policy in order to clearly define acceptable and unacceptable practices and behaviours, particularly when it comes to sexual harassment, misconduct and intimidation.

I also wanted to point out that the disciplinary reforms the RCMP needs because of the length and complexity of the disciplinary process should not be decided on lightly or be overly simplistic. The RCMP is non-unionized. I think it is important to find a balance in the disciplinary process, since the staff does not have an organization to defend them individually.

As I was saying, members of the RCMP dedicate their careers to helping and serving Canadians. It would be unacceptable for them to be subject to arbitrary dismissals. We must reform the disciplinary process so that it works better and serves victims as much as possible, but we must not go too far the other way.

For example, the bill adds new provisions to the clauses regarding labour relations and gives the RCMP commissioner the authority to appoint and dismiss members.

However, the bill gives the RCMP commissioner the ability to create a more effective process to address sexual harassment complaints, and I support that.

For months, the NDP has been pressuring the government to prioritize the issue of sexual harassment and poor practices within the RCMP. Bill C-42 does not directly address the systematic problems entrenched in RCMP culture, and we want to be clear that this bill alone will not change the existing climate within the RCMP.

However, I think that we must continue trying. We must send this bill to committee to find the best solutions possible.

I also hope that when this bill is in committee, my hon. colleagues will agree to amendments and will be open to discussion. When we are talking about such a serious, systemic problem that involves corporate culture, simplistic solutions are not enough. There are no magical solutions. The problem has become so complex that we need to take the time to consider how to address it.

I know that it is very difficult to introduce a perfect bill on the first go-around. That is what the committee is there for. The committee will get to hear from witnesses and discuss the bill to improve it and make it functional.

The goal of this is not to make political gains, but to enable an institution like the RCMP, which truly represents tradition and history, to restore its image, win back its members and engage people who see the RCMP as a problem. This will also make it appealing to young people who want to contribute to this institution.

All hon. members must work together and discuss this bill with an open mind and try to improve it as best they can in order to restore this remarkable institution to its former glory. I really hope that our colleagues will show such openness when the bill is studied in committee.

[Increasing Offenders' Accountability for Victims Act, September 17th, 2012]

Mr. Speaker, I am pleased to be able to speak to this bill. I will share my time with the member for Laval—Les Îles tomorrow, unfortunately.

Over the course of the debates, I have had some questions about some of the answers I have received. The first question has to do with victim fine surcharges. I asked whether there were any adjustments in relation to income. For the same crime, does someone with a much higher income pay a much higher surcharge? The answer was that it was possible, but not mandatory. That is a general question I have about the surcharge.

Take, for example, someone who caused an accident while driving drunk. Say that he injured someone; therefore, there would be victims of this crime. If the driver earns a seven-figure income, compared to someone who struggles to earn an income of more than four figures, we would have to explore the possibilities in committee. We must be logical. If we want to hold offenders accountable, then we must ensure that the punishments are consistent. The surcharge that someone with a lower income pays must not be the equivalent of the cost of a pack of gum for someone with a higher income. The committee must examine that, and I hope that people will be able to delve into that aspect a little deeper.

I also have questions about discretionary powers for judges. As I explained, I am a little concerned about that. For example, a judge could use his discretionary power to say that it would cause harm, that it is obvious that the person does not have money and that if he has to pay a surcharge, it would cause harm. The judge could say that. That it would not cause harm to the individual in question, but to his children. The judge knows that if he imposes this surcharge, the person would not be able to pay it or would be forced to go without, and in the end, it might be the children who would not eat that week. Judges have the ability to reflect and to question. I do not think they do it as a rule. They can do so in situations where it is very much appropriate. I am concerned about this discretionary power being eliminated.

We need to be logical about this. If the court imposes a $100 surcharge and it costs $350 to have the bailiff or someone else collect that money, that is a $250 loss. Could that $250 not be given directly to victims? That would be much simpler. More money would go to victims instead of having the court pay $350 to collect $100. In the end, victims could end up with nothing.

That is another aspect the committee will have to take a very close look at to ensure that the system is efficient. It would not make sense to remove judges' discretionary power while leaving victims empty-handed.

I would like to raise one final point about this bill. The Elizabeth Fry Society has expressed concerns about the impact of surcharges on poor aboriginals who cannot pay. I am a nurse, and I often work with these people. I spend a lot of time in my communities. In many cases, the children of adults offenders will bear the brunt of these surcharges. They may not eat that week. I would like the committee members to take some time to think about that.

Mr. Speaker, thank you for giving me the opportunity to express these concerns. I hope that the committee will discuss them.

[Increasing Offenders' Accountability for Victims Act, September 17th, 2012]

Mr. Speaker, I would like to know what my colleague thinks. When a surcharge is imposed without taking into account the circumstances a judge could invoke in deciding to waive it, and when there are children involved, are those children not being victimized by a system that does not allow judges any discretion?

[Increasing Offenders' Accountability for Victims Act, September 17th, 2012]

Mr. Speaker, thank you for the opportunity to ask another question.

I would like to come back to my first question, in which I asked if it will not eventually be more costly to try to recuperate money and if, in the end, none of that money will be passed on to victims anyway. The hon. member replied that every case is unique and that this would merely be speculation.

So, yes, every case is unique and one must take the time needed to examine each individual situation and make a logical, thorough decision. Judges have developed the skills needed to be able to make a ruling based on the logic of each situation and based on the individual case.

Why, then, would we play around with the discretionary power of judges, when even the government acknowledges that each case is unique?