Vic Toews

[Public Safety, February 4th, 2013]

Mr. Speaker, I said no such thing.

[Public Safety, January 31st, 2013]

Mr. Speaker, I am pleased to announce that the RCMP has launched a new national website for missing persons and unidentified remains at www.canadasmissing.ca. This website gives the public a chance to make a difference and help bring closure to the families of the victims of a sampling of missing persons cases from across Canada.

We will continue to build on our government's strong record of standing up for victims.

[Faster Removal of Foreign Criminals Act, January 30th, 2013]

Mr. Speaker, I am very interested in this discussion and I thank the minister for bringing forward this bill. I note there seems to be some confusion. There is some concern on the other side that innocent people will be deported.

As I understand it, the bill relates to people who have been convicted by the courts. Therefore, they are criminals who are not Canadians. Quite frankly, whether it is six months or two years, I do not think Canadians want the type of serious criminals the bill is addressing remaining in Canada, individuals convicted of assault with a weapon, fraud, forgery, sexual assault on senior citizens and drug trafficking.

Does the minister have anything to add to help clarify the discussion because I think there is some confusion on the other side as to what the bill deals with?

[Questions on the Order Paper, January 28th, 2013]

Mr. Speaker, with regard to (a) and (b), only one person has been convicted pursuant to the Crimes Against Humanity and War Crimes Act, CAHWCA, which was enacted in 2000. The CAHWCA gives Canada the power to prosecute these crimes wherever they were committed if the perpetrator later moves to, or visits, Canada. Désiré Munyaneza was convicted in May 2009 of seven counts of genocide, crimes against humanity and war crimes. He is not a Canadian citizen. He resided in Quebec before his conviction.

As for (c), Mr. Munyaneza, a foreign national, arrived in Canada in 1997 and applied for refugee status. His refugee claim was denied, a decision that was upheld through various legal appeals. He was arrested by the Royal Canadian Mounted Police in 2005 and charged with two counts of genocide, two counts of crimes against humanity and three counts of war crimes under the CAHWCA. He was found guilty on all charges. Désiré Munyaneza was convicted by the Quebec Superior Court in 2009 for the commission of genocide, war crimes and crimes against humanity during the 2004 Rwandan genocide. He was sentenced to life imprisonment with no parole eligibility for 25 years. He is currently appealing his conviction to the Quebec Court of Appeal and has not been removed from Canada due to imprisonment.

More information is publicly available in the 12th report of Canada’s program on crimes against humanity and war crimes, 2008-11: http://www.cbsa-asfc.gc.ca/security-securite/wc-cg/wc-cg2011-eng.html.

[Enhancing Royal Canadian Mounted Police Accountability Act, December 12th, 2012]

moved that the bill be concurred in.

[Enhancing Royal Canadian Mounted Police Accountability Act, December 12th, 2012]

Mr. Speaker, I share some of those frustrations but, given my age, I have stopped trying to understand why these things happen. They just do.

What I am particularly concerned about is whether the legislation in fact addresses the central concerns that were raised in respect of the issue of harassment and sexual harassment. If one goes through the legislation, not even very carefully but at least reads it, it is clear that the issue of sexual harassment and harassment is addressed in the context of the legislation and also the broader framework of the commissioner's authority and those who are responsible for making decisions regarding the conduct of RCMP officers.

[Enhancing Royal Canadian Mounted Police Accountability Act, December 12th, 2012]

Mr. Speaker, knowing the member as I do, I believe that any matter that he would bring forward would never be irrelevant. It would always be with the best of intentions to ensure that the questions are timely and focused, not only on the specific statute but the needs of his constituents.

I am not aware of any plans to deal with a particular building in the province of Manitoba. The Government of Manitoba, for years, has been a very strong partner in ensuring there is appropriate policing in the province of Manitoba. Many Canadians may not realize, of course, that the RCMP is not only a national police force but functions as a provincial police force in provinces like Manitoba, Saskatchewan, Alberta and British Columbia. As well, it performs the municipal policing function. Therefore, there are actually three levels of policing in the RCMP.

We certainly see a strong relationship with the Manitoba government and we want that relationship to continue. It has evidenced it by signing the agreement it has.

[Enhancing Royal Canadian Mounted Police Accountability Act, December 12th, 2012]

Mr. Speaker, I think all of us have heard the allegations of harassment and sexual harassment within the ranks of the RCMP. The purpose is to ensure there is a system in place that effectively and efficiently deals with those types of grievances. Rather than focusing on the form of a statute, we need to look at the substance of the statute. I would say that a careful, thoughtful analysis of the statute ensures that matters of harassment, including sexual harassment, fall within the confines of the jurisdiction that the bill would provide to the relevant decision-maker.

[Enhancing Royal Canadian Mounted Police Accountability Act, December 12th, 2012]

Mr. Speaker, it is my pleasure to speak to Bill C-42, the enhancing Royal Canadian Mounted Police Accountability bill. I will be speaking to the amendments adopted by the committee and reported back to the House of Commons and how they will strengthen the legislation.

Many of our members have already spoken extensively about the other issues raised in my colleague's speech. Needless to say, I do not agree with him. There was quite a bit of liberty taken with the facts in his presentation. I do not intend to rehash those. I think we can go back to Hansard to see what the true statements are in respect to the legislation, and how the legislation actually responds to the concerns of individual provinces. The types of amendments the member is suggesting are in fact exactly the kind the provinces rejected as too centralizing and outside the accountability they want to see brought back into the RCMP at the local level.

Here, I would reflect on why this bill is so important. It is no secret that the RCMP has endured its share of troubles over the last few years, including charges of harassment. To its credit, the RCMP has recognized the need to transform the institution by enhancing governance and modernizing its operations, including its organizational culture.

The next phase of the transformation process must come through legislation. It has been nearly a quarter of a century since Parliament amended the RCMP Act in any significant manner. In the interim much has changed, not just in terms of the globalization of crime but also in public expectations of greater transparency.

All in all, this bill would go a long way toward improving the accountability of the RCMP to Canadians and its own members.

The committee has approved several housekeeping changes, but there were also three substantive additions that I would like to recap briefly. These concerns were raised by witnesses before our committee, and I am proud that the committee worked together to further strengthen Bill C-42 based on the feedback we received.

The first concerns the rules in clause 11 around hiring retired RCMP officers as reservists. As members may recall, the reserve program provides the commanding officer with important staffing options. Reservists, for example, can help fill temporary vacancies, transfer corporate memory and mentor new recruits. Apart from all of that, senior officials have noted that reservists also reduce overtime work by regular members. In addition to making the workplace more efficient, the use of reservists can also improve safety and health. The amendment adopted by the committee permits the hiring of retired RCMP officers as reservists for six months or more without compromising their pension entitlements.

The second major amendment adopted by the committee addresses the issue of immunity for the commission chairperson under clause 35, and was specifically raised by the chairperson during testimony.

As members may recall, the proposed legislation would provide immunity to all those performing the duties, powers and functions of the commission. That policy was meant to include all members, including the chairperson. However, as the committee rightly pointed out, the bill did not explicitly note that the chairperson would also have immunity. The amendment adopted by the committee amounts to a few words, but they are important.

The final change concerns the powers of the RCMP commissioner around complaints initiated by the chairperson of the Civilian Review and Complaints Commission, also in clause 35. This was raised during testimony as a potential improvement. The committee adopted an amendment to clarify that the RCMP commissioner cannot refuse to investigate such complaints, thereby further enhancing the independence of the Civilian Review and Complaints Commission, CRCC.

Taken together, these three substantive amendments have strengthened an already robust new framework to enhance accountability for the RCMP. The committee did enjoy the support of the New Democrats during second reading and for certain amendments during the committee stage, and that is why I was surprised to hear one of the NDP members mentioning that the NDP would not support this important bill.

I am even more disappointed to see two report stage amendments brought forward by the member for Esquimalt—Juan de Fuca. I will speak briefly to the two report stage motions.

The first motion would delete the short title of the bill. Our government believes that the short title clearly captures the intent of the legislation and, therefore, we do not support the removal of clause 1, as we view this motion to be more about politics than about substance.

The member also moved that we delete clause 22, which addresses the RCMP Commissioner's authority to make final and binding decisions regarding serious grievances and appeals. Also under this clause, the commissioner is authorized to delegate this power in the event that he or she is not able to make the decision directly. This is consistent with existing authorities under the current RCMP Act. It also makes it clear to RCMP members that the grievance process is the primary source for resolution of labour issues within the RCMP. That is why these clauses are worded in that particular way.

It is important to note that judicial review continues to remain an option for members who are not satisfied with the outcome of their case. There needs to be some finality to a decision and that is what the legislation would do. If there are any concerns about the decision that the commissioner has made, that can always go to a judicial review. That type of judicial review process is familiar to anyone who has done administrative law. This is not anything unusual. In fact, it is a very clear, well-established way of ensuring that the body charged with making the decisions has the final authority, and the judicial review process ensures that the decision-maker stays within the bounds of his or her authority. As such, we do not support its removal from the bill.

It has been almost 25 years since the RCMP Act was substantially revised and it is now time to act. The government has consulted extensively with Canadians to develop legislation that meets the expectations of all Canadians for greater accountability of the RCMP. With the amendments adopted by the committee, I do believe we have achieved our goal. We now have before us an opportunity to inject new flexibility and efficiency into rigid management systems, to rebuild a culture of trust and to reinforce the faith of Canadians in the RCMP.

This party will be voting in favour of this legislation. I call upon the NDP to join with us in supporting the legislation.

[Public Safety, December 11th, 2012]

Mr. Speaker, I was pleased to introduce the safer witnesses act. This bill improves processes for secure identity changes, broadens the prohibitions against information disclosure and extends the amount of time emergency protection may be provided to witnesses.

As Chief Blair of the Toronto Police Service said:

In Toronto, we have seen the fear caused by intimidation and the threat of retaliation...We support the government's initiative as a valuable step in protecting public safety.