John Rafferty

[Strengthening Military Justice in the Defence of Canada Act, October 23rd, 2012]

They are the Cardinals to our San Francisco Giants, I guess, Mr. Speaker. That is the way I look at it.

Among other things, the bill provides greater flexibility in the sentencing process. It provides additional sentencing options, including absolute discharges, intermittent sentences, and restitution. It modifies the composition of a court martial panel according to the rank of the accused person. It modifies the limitation period applicable for summary trials. It allows an accused person to waive the limitation periods and clarifies the responsibilities of the Canadian Forces Provost Marshal. It makes amendments to the delegation of the Chief of the Defence Staff's powers as a final authority in the grievance process.

I do not want people watching at home to think that there are not some good things in the bill as it moves forward. The bill is a step in the right direction. It is a step in the right direction toward bringing the military justice system more in line with the civilian justice system. However, Bill C-15 falls short on key issues when it comes to reforming the summary trial system, reforming the grievance system, and strengthening the military complaints commission.

In 2003, the Right Hon. Antonio Lamer, who is the former chief justice of the Supreme Court, presented his report on the independent review of the National Defence Act. It contained 88 recommendations. Bill C-15 is the legislative response to those recommendations, but to only 28 of those recommendations. Sixty are missing. Only 28 of those recommendations have been implemented by this legislation through regulations or by way of a change in practice.

This legislation has also appeared here in earlier forms, first as Bill C-7and then as Bill C-45, which died on the order paper due to prorogation in 2007 and the election in 2008. In July 2008, Bill C-60 came into force, and some changes were made at that time.

In 2010, Bill C-41 was introduced to respond to the Lamer report. It outlined provisions related to military justice, such as the things we are talking about today: sentencing reform, military judges and committees, summary trials, court martial panels, the provost marshal, and limited provisions related to the grievance and military police complaints process.

In essence, Bill C-15 is similar to the version that came out of committee in a previous Parliament. The amendments carried over include court martial composition and military judges' security of tenure, meaning appointments and age.

However, other important amendments passed at the committee stage at the end of the last parliamentary session were not included in Bill C-15. These included, not surprisingly, NDP amendments that we felt were and are important. One was the authority of the Chief of the Defence Staff in the grievance process, which responds directly to Justice Lamer's recommendation. Another was a change to the composition of the grievance committee to include 60% civilian membership. Third was a provision ensuring that a person convicted of an offence during a summary trial is not unfairly subject to a criminal record, and that is no small thing.

Let me say again, because I know that my friend across the way will be asking me a question, that there are many important reforms in the bill. We support the long overdue update of the military justice system. Members of the Canadian Forces are held to an extremely high standard of discipline, and they, in turn, deserve a judicial system that is held to a comparable standard.

However, there are some shortcomings in the bill, and we hope that they will be addressed at committee stage if the bill passes second reading.

The first is the reform of the summary trial system. The amendments in the bill do not adequately address the unfairness of summary trials. Currently, a conviction for a service offence in a summary trial in the Canadian Forces may result in a criminal record. Summary trials are held without the ability of the accused to consult counsel. There are no appeals and no transcripts of the trial, and the judge is the accused person's commanding officer. This causes undue harshness for certain members of the Canadian Forces who are convicted of very minor offences.

Some of these minor service offences could include, for example, insubordination, quarrels, disturbances, absence without leave, and disobeying a lawful command. These are matters that could be extremely important to military discipline but that I do not feel are worthy of a criminal record.

Bill C-15 makes an exemption for a select number of offences if they carry a minor punishment, which is defined in the act, or a fine of less than $500 so that they no longer result in a criminal record. This is one of the positive aspects of the bill, but it does not, in my opinion and in the opinion of the NDP, go far enough.

At committee stage last March, NDP amendments to the previous bill, Bill C-41, were carried. They expanded this list of offences that could be considered minor and not worthy of a criminal record if the offence in question received a minor punishment.

A criminal record could make life in the military very difficult and could make life after the military very difficult. Criminal records could make getting a job, renting an apartment, and travelling difficult. Many Canadians would be shocked to learn that the people who bravely serve our country can get a criminal record from a system that lacks the due process usually required in civilian criminal courts.

The second amendment we talked about was a reform of the grievance system. I know that my friend across the way will probably have a question about that. At present, the grievance committee does not provide a means of external review. I think that is important. Our amendment provides that at least 60% of the grievance committee members must never have been officers or non-commissioned members of the Canadian Forces. The amendment was passed but was not retained in the bill as it stands today.

The third amendment concerns strengthening the Military Police Complaints Commission. I do not think care has been taken to provide the Military Police Complaints Commission with the required legislative provisions that empower it to act as an oversight body.

[Strengthening Military Justice in the Defence of Canada Act, October 23rd, 2012]

Mr. Speaker, I appreciate the opportunity to speak to this particular subject, particularly so close to Remembrance Day. It is particularly fitting, apropos, if I may say, that we have this debate today.

I would like to give a bit of background for those who are perhaps not familiar with the bill and are watching at home. I am continually amazed at how many people in my riding watch CPAC and watch it carefully.

In October of last year, the Minister of National Defence introduced Bill C-15. The bill is called an act to amend the National Defence Act and to make consequential amendments to other acts. Its short title is the strengthening military justice in the defence of Canada act.

The bill would amend the National Defence Act to strengthen military justice, following the 2003 report of the former chief justice of the Supreme Court, the Right Hon. Antonio Lamer, and the May 2009 report of the Standing Senate Committee on Legal and Constitutional Affairs.

It is important for my friends across the way to listen carefully, because they need to know that the NDP believes that this legislation is a step in the right direction. The bill is not entirely out in left field. I am sure that some members will agree with me that the Conservatives have had bills that have been out in left field—

[Business of Supply, September 20th, 2012]

Mr. Speaker, much of what my colleague has said about the Conservative government and the work it has done in the past is true.

The hon. member has vast experience in government. He has been in the highest echelons of government and so when he speaks, we should all listen. I have a question for him because he has been there.

Why would a government that came to power in 2006, with a huge surplus, frivolously spend Canadian taxpayers money? An example is the $50 million spent on gazebos and boardwalks in the riding of one of the ministers. Imagine if that $50 million was spent exponentially across the country. Let us imagine how much money the government has wasted.

Because the member is so experienced, what would prompt a government to do that?

[Petitions, September 19th, 2012]

Mr. Speaker, I have a second petition calling upon the Government of Canada to affirm that pension benefits are in fact deferred wages and to elevate and define pension benefit plans to secured status in the Bankruptcy and Insolvency Act and the Companies' Creditors Arrangement Act.

[Petitions, September 19th, 2012]

Mr. Speaker, I rise to present a petition on behalf of signatories from Thunder Bay calling upon the Government of Canada to support a universal declaration on animal welfare.

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

Mr. Speaker, it is important to note that with a long-standing institution like the RCMP that has not had a lot of change, relatively speaking, in the course of its history, when it comes to reform it is always a big shock. It is a big shock to most of us in Canada and certainly within the RCMP.

The process is on its way but it is important that these reforms not be a one-time shot. It is important to ensure in this bill that there are ongoing reforms. This organization, like any other organization, is a living organism that continually changes. With some of the issues that we have been dealing with in the last few years with the RCMP, it is quite clear that this organization has been slow to change. With Bill C-42, we need to ensure that the mechanism exists to ensure that reform can happen on the basis that it is needed over the next 20, 30, 40 or 50 years so we do not have to revisit this and it can act as a body the way Canadians expect it to act.

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

Mr. Speaker, there has been some movement in the last couple of years, which the commissioner has been an important part of, but there has also been an increase in awareness, not only in this place but also in the general public in terms of the kinds of jobs that we ask RCMP members to do and the kinds of obstacles they have in performing their jobs to the best of their abilities.

I believe, as I said in my speech, that we are on the right path. Bill C-42 is a step forward but it is not a giant step forward. As we deal with this in the public safety committee, we in the New Democrats will ensure as much as possible that this bill gets changed for the better and we will work to ensure that happens so we can come back to the House with an amended bill that takes a giant step forward.

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

Mr. Speaker, it is important to note that there are many things missing from the bill. If the bill were to pass in its present form, I would be very hard pressed to support it. In fact, in its present form I would not support it at third reading.

We have an opportunity here to ensure that, in the case of sexual harassment and members of the RCMP coming forward, there is whistleblower protection and elements in the bill where individual RCMP members could have the confidence in their ability to come forward and deal with these issues.

I can assure my friend from Scarborough—Guildwood that if the bill were to pass in its present form I would not be supporting it.

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

Mr. Speaker, one of the situations we must deal with in this place day in and day out, month after month is where legislation comes forward and in most cases it seems, at least recently, the legislation has the background of a good idea. Unfortunately, however, the legislation does not go forward to create a situation where there is real action.

To speak specifically to my friend's question, it is beyond me why in a majority situation we would not have a government that was bolder and willing to present the kinds of bills where we would have real action, a real change and a real opportunity for change for all Canadians.

I hope the bill will go to committee where we will see if we can make it the legislation that we need in this country right now.

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

Mr. Speaker, I am happy to see you back in the chair again in this session after a summer of working hard for your constituents. I say that not to get extra time for my comments here, but to let you know that we are very pleased that you are here.

I will be supporting Bill C-42 at second reading because, while it falls short on a number of accounts, it is still a step in the right direction and should, hopefully, help the membership of the RCMP receive better personal protection in its workplace and could help restore public confidence in this institution. I say that because police officers like other first responders put their lives at risk every day when they are on the job and Canadians are very grateful for their sacrifices. It only makes sense that while they are busy protecting Canadians, the members of our RCMP staff can go to work knowing that they, themselves, are protected in their own workplace.

In a majority government the government has an opportunity to make a real difference and has an opportunity to take real action. Unfortunately the bill does not far enough. I will support it going to committee because I think in committee we can make this a bill that everyone in the House can be proud of as well as in the RCMP.

We can go further on these issues as there needs to be a clear anti-harassment policy in the RCMP, one which contains specific standards for behaviour and specific criteria for evaluating the performance of all employees. Such a policy is needed to serve as a basis for a fair, disciplined process, but will not be guaranteed, unfortunately, with the passage of Bill C-42 as it now stands.

Also, Bill C-42 does not go far enough in directly addressing the concerns of women serving in the RCMP. New Democrats are calling for urgent action to foster a more inclusive and safe environment for women in the RCMP. This bill has been introduced without the benefit of the findings of an internal gender audit of the RCMP, ordered by the commission that is currently under way but not yet completed. The Conservatives' approach does not make women in the RCMP a priority.

Another criticism I have heard from members of the public, who are affected and concerned about the implications of Bill C-42, is that the proposed new civilian complaints commission looks remarkably like the current RCMP public complaints commission, especially in that it would not be a fully independent commission reporting to the House of Commons. Instead, it would continue to report to the Minister of Public Safety.

The new commission would also have serious restrictions on its ability to undertake independent investigations and its findings would be presented only in the form of non-binding recommendations to the commissioner and to the minister. Removing these restrictions, allowing truly independent investigations and making those recommendations binding is needed. Removing these restrictions on the independence of the new commission will be a major issue for us at the committee stage.

The proposal also fails to create an agency with any teeth since primary investigations into accidents of death or serious bodily harm will largely be contracted out to municipal or provincial police forces, even though some of those police forces have no civilian investigation body or are still conducted by the RCMP itself.

Bill C-42 is a step in the right direction, so I will be supporting the bill at second reading in the hope of improving it at committee.

I believe our RCMP personnel deserve better and with some improvement I am certain that public trust will once again be restored in this most important national institution.

My hon. friend from Esquimalt—Juan de Fuca made some very interesting comments yesterday, and I would like to further some of the things he had to say.

The first is that we really should have had this legislation much sooner. There is an urgency for the public in terms of confidence in the RCMP. There is an issue where RCMP rank and file members are working in a workplace climate that is not always supportive of the difficult and the very dangerous work they do. Of course it is important to the RCMP leadership, which is charged with the task of making those necessary changes, but, first and foremost, I believe there is a necessity to restore the confidence of Canadians in our international police force.

The RCMP has long provided excellent service to Canadians coast to coast to coast, but over the previous years, dating back to the Liberal government, we have had increasing questions about incidents involving use of force where public confidence has waned in the RCMP. That is a problem, not just for the public, but also for serving members of the RCMP.

The bill's second purpose, as stated, is to promote transparency and public accountability in law enforcement. We could not agree more that this is essential if we are to meet the first objective, which is to restore public confidence in the RCMP. The only way to do that is through enhanced transparency and public accountability.

The third reason for reforming the RCMP Act, which is stated in the bill's preamble, deals with the relationship with provincial, regional and municipal governments that hold contracts with the RCMP. They have entered into those contracts in good faith, but often feel they do not have adequate input into the policing of their jurisdictions, or adequate accountability measures for the RCMP when they have questions about what has happened in those jurisdictions.

A fourth measure, also as stated in the preamble of the bill, is to promote the highest levels of conduct within the RCMP. This, of course, is a goal that is shared by governments, RCMP members and the public at large. Day in and day out the vast majority, virtually all of the RCMP members, strive to meet those levels of conduct. However, we need clear statements of what happens when those levels of conduct are not met, with clear consequences and procedures that would also protect the rights of RCMP members who have dedicated themselves to the service of Canadians so they do not find themselves subject to arbitrary procedures as part of discipline.

Finally, the bill's preamble states that we need to reform the legislation to create a framework for ongoing reform so we do not find ourselves in this situation again 25 years later, since government after government have failed to address these questions and failed to provide leadership on these issues.

We in the official opposition can agree on the goals expressed in the legislation and I believe we can go further. We can even agree on the key areas for action identified in the summary of the bill. Although the bill's summary counts the areas of action as only two vital areas, I would count three.

First, we agree that there needs to be action to strengthen the RCMP review and complaints body. The RCMP Public Complaints Commission has provided a valuable service, but we have concerns about its full independence and its ability to oversee independent investigations.

Second, we believe there needs to be a framework to handle investigation of serious incidents involving members, incidents that involve death or serious injury, which will help enhance transparency. In this day and age the public has said very clearly that it does not accept that the police forces investigate themselves in very serious incidents. We believe an independent investigation would not only benefit public confidence, but it would also benefit those who serve in the RCMP by guaranteeing the public would understand the outcome of those investigations and where their names are cleared, they would be cleared once and for all.

Finally, there needs to be action in the area to modernize discipline, grievance and human resource management processes.

The minister has cited anecdotal evidence of things that take way too long, and we all know that is true. However, what is lacking is that clear guidance for RCMP members of what those standards are and how a failure of those standards would be dealt with in a judicious and fair manner.

In addition, when RCMP members have grievances, they need to have the understanding that their concerns can be brought forward in a timely manner and that those grievances can be resolved and not drag on for many years.

Therefore, we do agree on the areas in which we need to make reforms to the RCMP Act.

In particular, we believe it is crucial to allow the RCMP commissioner reforms in the area of discipline to deal with the climate of sexual harassment that exists in the RCMP. We would like to see leadership from the government in mandating the commissioner to bring in a clear anti-harassment policy and a clear process, which would contain specific standards of behaviour with regard to sexual harassment and specific criteria for evaluating the performance of all employees in this important area.

However, having said how much we agree with the objectives of the legislation and with the areas that need to be reformed, I am not standing today in the House simply to present bouquets to the minister. We in the opposition have our concerns both about government inaction by Liberals and Conservatives and government inaction in particular in the areas of transparency and accountability.

The government has been in power since 2006. Yes, it inherited a record of inaction, but it has been six years, three ministers and two RCMP commissioners and we are just now embarking on the process to reform this legislation so we can get measures which would make a real difference in the performance and the work lives of RCMP members now in 2012.

In the meantime, more than 200 women members of the RCMP have joined lawsuits alleging sexual harassment within the RCMP. There has been an ongoing series of problems with loss of public confidence in the RCMP in investigations of serious incidents.

We have wasted valuable time. Numerous studies have presented solutions to these problems. I give the government credit for appointing a task force, which reported back in 2007, nearly five years ago. It reported back with important proposals for reforming the culture of the RCMP, discipline of the RCMP and important recommendations to the Public Complaints Commission.

An internal review was completed in 2008 of the process of using independent observers in police investigations of themselves.

In 2006 Mr. Justice O'Connor made recommendations in the Maher Arar inquiry with regard to the national security activities of the RCMP.

Most recently former public complaints commissioner Paul Kennedy made recommendations both on investigations of serious incidents, which was tabled in 2009, and also when he appeared before the justice committee in January of last year to give recommendations on increasing the independence of the job that he used to hold.

There is no shortage of advice available.

However, in a question that was asked earlier of the minister, it is unclear why the government chose to pick only certain recommendations and a certain piece of all of those reports. It is hard to see the overall theme that guides this legislation.

We have said that government leadership is required, and that means more than just legislation. Therefore, I cannot let this opportunity go by without pointing out some of what the government has done in the area of the RCMP and the Public Complaints Commission.

Just this past week, the government issued layoff notices to two staff members of the RCMP Public Complaints Commission when we are in the midst of reforming it and the commission is in the midst of a massive study of the sexual harassment complaints that have taken place in the RCMP. Why has the government chosen to lay off staff members at the complaints commission in the midst of this crisis over sexual harassment that the commission is trying to address?

Also in the last week, we saw layoff notices given to 149 support staff members of the RCMP across the country, including 42 support staff in British Columbia alone. These are people who provide important services to help the RCMP do its job on a daily basis. These were not uniform members who received layoff notices but people who work everywhere from the forensic labs to personnel recruiting and in all the other very important functions that support the basic duties of the RCMP.

When it comes to the Public Complaints Commission in the RCMP, the government has been following a peculiar practice. When Mr. Kennedy produced his strong recommendations on investigations, the response of the government was to fail to reappoint him to the job. Having appointed him in 2005 and giving him annual reappointments every year, when his very strong recommendations came out suddenly he was no longer the government's first choice for the job of public complaints commissioner.

Ian McPhail, the new interim commissioner, was initially given a one-year term as interim chair and has now been appointed for another year. I am emphasizing one year because we are talking about someone who should have independence from the government to do the job of providing civilian oversight for the RCMP. How can someone do that job with any confidence when at the end of every year he or she could lose his or her job?

While I am encouraged to see that the new legislation talks about terms of up to five years for the new chair of the civilian review agency, I am concerned that the government will continue its practice in making only annual appointments, which gives it far too much power over what should be an independent commission.

Those are just some of the concerns that I have outlined with respect to Bill C-42. However, I am happy to be part of the committee that will deal with these issues should it pass second reading.