ARCHIVED - Announcement of Legislation to amend the Royal Canadian Mounted Police Act

Speaking notes for the
Parliamentary Secretary
Candice Hoeppner

Surrey, British Columbia
June 21, 2012

Check against delivery

Good morning.

I’m happy to be here on behalf of the Honourable Vic Toews, Minister of Public Safety.

Ladies and gentlemen, the RCMP is a vital national institution.

The hardworking and dedicated members put their lives on the line to protect us each and every day.

As an organization, it is recognized around the world as a symbol of who we are as Canadians, and what we value: professionalism, honesty, integrity and compassion.

However, these ideals — and Canadians’ confidence in the RCMP — has been tested over the past few years.

Tested by high-profile events, public inquiries and, most recently, by allegations of sexual harassment within the Force.

There is no doubt that changes are needed.

There is no doubt that RCMP leadership deserve modern, updated tools to do their job.

The RCMP Act has not been significantly amended in almost 25 years!

While we’ve seen progress in several areas — Provinces and Territories recently signed new 20-year RCMP Police Services Agreements which address key issues, such as governance, accountability, program sustainability and cost containment, for example — more needs to be done.

Accordingly, yesterday our government introduced the Enhancing the RCMP Accountability Act in the House of Commons to enhance trust and accountability in the RCMP.

We will achieve this on three vital fronts:

First, we will enhance civilian oversight of RCMP activities by replacing the existing Commission for Public Complaints against the RCMP with a modern and independent Civilian Review and Complaints Commission for the RCMP.

It will have greater access to RCMP information and enhanced investigative powers, including the authority to compel evidence.

In addition, it will be able to conduct joint investigations with other police review bodies into complaints arising from integrated or coordinated police operations.

Second, we’re addressing concerns about the police investigating the police.

The legislation sets out a new statutory framework to enhance the transparency of criminal investigations of serious incidents, such as death or serious injury, involving RCMP members. 

And finally, is also providing the Commissioner the direct authority to discharge members for various non-disciplinary administrative reasons.

It’s become clear that changes to the discipline process are needed.

Changes that will help make discipline measures fast, effective and proportionate.

Right now – that’s not the case.

The process is overly rigid and bureaucratic.

Proceedings tend to be drawn out — over years in most instances. 

Frontline managers, such as detachment commanders, have very few options available to address serious misconduct.

Any serious cases, those requiring more than a reprimand for example, must be referred to an adjudication board — a board that is made up of three senior officers who must follow a heavily regulated process prior to making a determination.

On average, matters before a board can take up to five years to be fully resolved.

And it’s a process that’s taken out of the supervisor’s hands — sent to another group to resolve.

The manager is largely cut out of the process.

Not surprisingly, this tends to create an adversarial work environment with significant delays in disciplinary action.

We’re placing an emphasis on addressing issues at the local level, so to speak, at the level closest to where the behavior has occurred.

Because not every situation requires further escalation, managers will be expected to exercise greater responsibility in preventing, identifying and resolving behaviours that could lead to or in fact contravene the Code of Conduct.

Managers will have more tools at their disposal to respond, for example, through access to a broader range of sanctions, ranging from educational or training-based approaches, to corrective, by say, suspension of pay.

In cases where dismissal may be an outcome, the manager or commander would be required to refer the case to a conduct board.

However, those boards would be significantly different from the current adjudication boards, in that they would have the discretion necessary to consider and resolve cases in the most informal and expeditious manner as possible, given the circumstances.

The evidence and information gathered during the criminal trial, especially where there is evidence such as video or admissions should be sufficient for a manager acting as a conduct authority or a conduct board to make its determination.

Where there is a need to consider certain evidence through the presentation of witnesses under oath, a conduct board could elect to follow that route.

However, there will no longer be a strict requirement that a formal hearing be conducted in every case.

Each case will be considered based on its specific context.

The focus will be on having the vast majority of issues addressed at the most appropriate level in the RCMP, in a timely manner, and by managers who are most familiar with the situation.

The formality and administrative burdens will be significantly reduced, in favour of a fair, streamlined and proportionate system.

It just makes sense.

When it comes to the serious issue of harassment – all forms of harassment – we know that processes alone won’t solve the entire problem.

Attitudes need to change.

This change has already begun, as seen by the recent training of new harassment investigators in British Columbia.

This is a good start, but more can be done.

The new legislation provides the Commissioner with the authority to develop a process for the investigation and resolution of harassment complaints where the respondent is a member of the Force.

It also provides the Commissioner with the direct authority to discharge members for various non-disciplinary administrative reasons.

Currently, RCMP managers faced with having to address harassment issues have two different processes they must follow – one under Treasury Board policy and one under the RCMP Act.

These processes do not always align, which can lead to confusion about rights, responsibilities and approaches available.

Moving forward, the Commissioner will have the authority to establish a single, comprehensive system for investigating and resolving harassment concerns.

A system that builds on the strengths of the two processes, brings them together, and helps us create an appropriate, timely and transparent means of overcoming the troublesome allegations we are currently hearing in the media reports.

We are also proposing to update the RCMP Act to give the Commissioner of the RCMP more authority to effectively manage the RCMP workforce.

For example, the Commissioner will have the authority to appoint and promote officers; and establish rules around ending or stopping pay and allowances for members who are suspended from duty. 

Currently, the role of the Commissioner is very limited.  We are also proposing to streamline the categorization of employees in the RCMP to reduce duplication and confusion.

In conclusion, we’ve heard the call for change.

We’ve worked closely with the RCMP to develop the best way forward.

This legislation will be important to ensuring that the RCMP remains accountable.

Accountable to its members.

And accountable to the public it serves.

It must remain a trusted and adaptive organization for generations to come.

Thank you again for being here today.

Date modified:

2015-11-20