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An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act

This bill is from the 42nd Parliament, 1st session, which ended in September 2019.

Sponsor

MaryAnn Mihychuk  Liberal

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Canada Labour Code, the Parliamentary Employment and Staff Relations Act and the Public Service Labour Relations Act to restore the procedures for the certification and the revocation of certification of bargaining agents that existed before June 16, 2015.
It also amends the Income Tax Act to remove from that Act the requirement that labour organizations and labour trusts provide annually to the Minister of National Revenue certain information returns containing specific information that would be made available to the public.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-4s:

C-4 (2025) Making Life More Affordable for Canadians Act
C-4 (2021) Law An Act to amend the Criminal Code (conversion therapy)
C-4 (2020) Law COVID-19 Response Measures Act
C-4 (2020) Law Canada–United States–Mexico Agreement Implementation Act

Votes

May 17, 2017 Passed Motion respecting Senate amendments to Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act
May 17, 2017 Passed Time allocation for Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act
Oct. 19, 2016 Passed That the Bill be now read a third time and do pass.
Oct. 18, 2016 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act, be not now read a third time, but be referred back to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities for the purpose of reconsidering clauses 5 to 11 with a view to preserving provisions of the existing law which stipulate that the certification and decertification of a bargaining agent must be achieved by a secret ballot vote-based majority.”.
March 7, 2016 Passed That the Bill be now read a second time and referred to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities.
March 7, 2016 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “the House decline to give second reading to Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act, since the bill violates a fundamental principle of democracy by abolishing the provision that the certification and decertification of a bargaining agent must be achieved by a secret ballot vote-based majority.”.

LabourAdjournment Proceedings

May 19th, 2016 / 6:50 p.m.


See context

Cape Breton—Canso Nova Scotia

Liberal

Rodger Cuzner LiberalParliamentary Secretary to the Minister of Employment

Mr. Speaker, I want to commend my colleague from Saskatoon West on her speech and of course her great interest in labour and labour issues. I would like to share with the rest of the House as well that we share a similar view on what transpired over the past 10 years and with the former Conservative government.

Canadians were not fooled. They understood fully that it was organized labour that was under attack under the last government. We saw that through many manifestations, through various pieces of legislation. We saw it in unprecedented use of back-to-work legislation. The legislation for Canada Post and for Air Canada come to mind. Even before those organizations were in a strike position and those unions were in a position that they could go out on strike, there was back-to-work legislation coming off the shelf to be presented in the House.

We saw that, and absolutely Bill C-377 and Bill C-525 were directed at organized labour. With Bill C-377 we saw that constitutional experts said it was unconstitutional. We saw privacy experts say that it compromised the privacy of millions of Canadians. We saw provinces and territories say that it infringed on an area of their purview, that constitutionally it was their area of responsibility.

That was what we saw. That was the table that was set in the last Parliament by the last government.

Certainly what we have tried to do since October 19 and since the new minister came in on November 4 was to set a different atmosphere around work and labour. Certainly the current Bill C-4, not the old Conservative Bill C-4, was the first piece of legislation our minister presented. It was to repeal Bill C-377 and Bill C-525, within Bill C-4. I was very happy that it was the first piece of legislation the minister tabled.

Over the course of my experience over the last four years dealing with both employers and employees, one thing that has been consistent and that has been clear coming from both areas is that any changes to the Labour Code have to be done through a tripartite approach with labour, employers, employees, stakeholders, the provinces and territories—everybody involved.

They said that clearly with Bill C-377 and they said it with Bill C-525. We believe that the 2004 definition that was brought in by past Liberal governments is the right way to go, but that any change in the code has to be undertaken with a tripartite approach. I hope my colleague from Saskatoon West will understand that is the approach this government would take in changing the Labour Code. It would be under a tripartite approach.

LabourAdjournment Proceedings

May 19th, 2016 / 6:50 p.m.


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NDP

Sheri Benson NDP Saskatoon West, SK

Mr. Speaker, the right to refuse unsafe work is one of the three basic health and safety rights achieved by the labour movement, along with the right to know about the hazards in one's workplace and the right to participate in workplace health and safety decisions. While procedures and circumstances may vary from province to province, just about all workers have the legal right to a healthy and safe workplace that allows, and in some provinces obligates, them to protect their safety by refusing to perform work they believe has the potential to harm themselves or others at the work site.

All workers in Canada have the right to work in a safe and healthy environment. Over the last decade, the previous Conservative government had undone many of the progressive advances for workers that had been achieved over generations.

On February 19, I asked the government why it had not tabled legislation to reverse some of the most egregious changes brought in by the Conservatives. Sadly, I did not get an answer.

On the health and safety front, the Conservatives used the omnibus bill, Bill C-4, to change the Canadian Labour Code to limit the rights of workers to refuse unsafe work, and also to do away with the independent health and safety officers, relegating their responsibilities to political appointees of the minister.

The bill also made sweeping changes to the Public Service Labour Relations Act to prevent federal public service workers from filing complaints with the Canadian Human Rights Commission. It also gutted public service collective bargaining by allowing the government to unilaterally determine which workers would be deemed essential and therefore forbidden from striking, without recourse to a third party review.

During the debate about these changes, many individuals and organizations brought forward grave concerns.

Larry Rousseau of PSAC wrote that the changes that were stuffed into the 309-page budget implementation act would turn the clock back 50 years for labour relations.

However, no voice was more compelling than that of Rob Ellis, whose 18 year-old son, David, was killed on the job. On David's second day of work at a temporary position in a bakery, he was pulled into an industrial mixer that was operating without a safety guard and lockout. David lacked the experience to comprehend the dangers of the workplace.

Rob Ellis, his dad, said:

We should not assume that new workers have enough experience to recognize or categorize the level of danger of every workplace condition. New or young employees should be encouraged to say no to unsafe work. And when they do stand up and say no, they should not be subject to discipline if their complaint is rejected without investigation...

During the federal election, the parliamentary secretary's website promised that a Liberal government would, “Repeal the Conservative definition of “danger” in the Canada Labour Code that is regressive and sacrifices the health and safety rights of workers.” Why has the minister remained silent? Through the hon. parliamentary secretary, I simply ask the minister this. When will the government repeal these draconian measures?

Human Resources, Skills and Social Development and the Status of Persons with DisabilitiesCommittees of the HouseRoutine Proceedings

May 12th, 2016 / 10:05 a.m.


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Liberal

Bryan May Liberal Cambridge, ON

Mr. Speaker, I have the honour to present, in both official languages, the second report of the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities, in relation to Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act.

The committee has studied the bill and has decided to report the bill back to the House without amendments.

Motions in AmendmentPublic Service Labour Relations ActGovernment Orders

May 9th, 2016 / 1:50 p.m.


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Conservative

Tom Lukiwski Conservative Moose Jaw—Lake Centre—Lanigan, SK

Mr. Speaker, once again it is a pleasure to stand in this place and continue our dialogue and debate on Bill C-7. If members in this place were here when I made my initial comments and observations on Bill C-7, they will know about my history, both with the RCMP and the labour movement in Canada. To risk repeating myself, I will remind members exactly how the RCMP has touched me and my family over the years, and how the union movement in Canada has been involved a great deal in my life and my upbringing.

As I mentioned in my first intervention a few weeks ago, my mother's first husband was an officer in the RCMP who was killed on active duty at Depot, many years ago. Although I never met my mother's first husband, I learned of him very early in my childhood. My mother would tell me stories about who my father could have been. She told me stories about her husband and how much they loved each other and how much he loved his job with the RCMP. She told me about the unfortunate tragedy that took place when he was killed that one fateful day at Depot.

Since that time, I have always had a deep and very resolute appreciation of the dangers that every member of the RCMP faces each and every day of his or her life. Also, since that early childhood of mine, I have grown to know a great many RCMP members, many of whom are very close friends of mine, some who are current, some retired, and unfortunately a number who have passed on to a better life. However, universally all of those members shared common values: respect for the tradition of the force, and also a respect for democracy and democratic rights in Canada.

That is why, with all of the RCMP members whom I have spoken with since Bill C-7 was first introduced, to a person, they have all stated the same thing. They believe their right to certify if they wish should be conducted using a secret ballot. In fact, it is more a result of their being incredulous to the fact that Bill C-7 would not allow them that right.

My colleague from Durham who spoke just before me mentioned that many members of the RCMP perhaps were not aware of all the provisions in Bill C-4 and Bill C-7. They were not aware of the fact that they would not be able to cast a ballot in private. However, they are starting to become aware of that right now. Why the current government is hell-bent on its desire to prevent a secret ballot environment for our national police force almost defies credulity.

I can only think of one reason why that would be, and that is the fact that in the last election campaign, the Liberal Party campaigned aggressively to try to gather and garner the union vote. I can assure members that rank-and-file members of unions believe in secret balloting, union bosses not so much. The reason for that is that if they do not have a secret ballot when determining whether, for example, to strike, rank-and-file union members can be intimidated.

I know this first hand. I referenced the fact that I grew up in a union household. I did. My father was the head of the United Steelworkers of America, very active obviously in the union movement. In fact, he mentored Ken Neumann, who is now the national head of the United Steelworkers for Canada. At a very early age, I recall my father taking me to union meetings. I jokingly put to members that perhaps he was doing it for one of two reasons. One, he was honouring a commitment of babysitting that he made to my mother, or two, he hoped that his young son would grow up to be a union representative like him. If it was number one, he succeeded admirably. If it was number two, he failed miserably.

While I am certainly not a member of any union and I am certainly not enthralled with the union movement as a whole, I can say that I respect the right of any organization in Canada to unionize. I respect the role that unions have in Canada. I understand the role that unions play in Canada. However, there are many faults in the bill as it appears before us today. The biggest single fault is the inability of the legislation to allow for a secret ballot on determining whether or not to certify.

At the union meetings I attended as a youngster, I saw first hand how intimidation can work. Again, I use the example of a strike vote, where all union members would gather in a union hall, hear speeches primarily from their brothers and sisters in leadership positions within the union, and then would be asked to vote by a show of hands. I can assure the House that if there were any members in that union hall that did not want to strike for whatever reason, many times they would be afraid to express their true will by a show of hands. Why? Because some of their brothers and sisters would gather around them and let it be known in no uncertain terms the way in which they were to vote because the union leadership wanted a strike.

I think that is absolutely unconscionable. It was unconscionable then and it should be unconscionable now. Intimidation factors should not be allowed in any workforce or any workplace. By the same token, I will freely admit that there have been times in the past in certain non-unionized organizations where management would use intimidation factors. That also is unconscionable. That also should not be allowed but there is a simple way to fix this, to remedy this, and that is to allow secret ballots.

If an organization chose to unionize, so be it. It is the will of its members. However, if they chose not to unionize, those who voted against that very concept of unionization should not be then consequently intimidated and threatened because they voted against the wishes of their union leaders.

Across Canada, most provincial legislation allows for secret ballots in the workforce. In fact, they expressly prohibit non-compliance with that legislation. They make it a point to ensure that democracy is served. The ability for Canadians in any walk of life to express their will in a secret ballot environment is a basic tenet of democracy. Why the government fails to allow this in Bill C-7 and Bill C-4 is almost beyond belief. I can only go back to what I said just a few moments ago. I think this is payback to the union leaders who they courted during the election campaign of 2015 and that is shameful, absolutely shameful.

I have spoken with so many RCMP officers since Bill C-7 was first introduced because Depot used to be in my riding before the boundaries changed in the last election. Consequently, I am a frequent visitor at Depot and because of my history with the force, many members there know me and know me well. To a person, every single one of them was aghast at the fact that they would not have the right, if they decided to vote for or against union, to do so in private.

Bill C-7 is flawed. We know it is flawed and I believe the government knows it is flawed. That is what makes this doubly shameful. On the opposition side we will not be supporting Bill C-7. I cannot support Bill C-7 and I think it is a shame because other than that, the bill does contain provisions that are very helpful to the RCMP. However, that one provision disallowing secret ballots is something that is a deal breaker for me and I will certainly not be supporting the legislation.

Motions in AmendmentPublic Service Labour Relations ActGovernment Orders

May 9th, 2016 / 1:30 p.m.


See context

Conservative

Erin O'Toole Conservative Durham, ON

Mr. Speaker, I would like to thank my colleague from South Surrey—White Rock for bringing her experience to this House.

The best part of this new Parliament, from the viewpoint of the opposition, is not the fact that we are in opposition—that is certainly not a bright point at all—but the fact that one-third of our caucus is now made up of new members of Parliament.

The hon. member who just spoke brings to this House her experience as a municipal leader, particularly in Surrey, as she mentioned, which has the largest RCMP detachment in the country. In recent years, that has probably been the most tasked detachment in the country, working with challenges in violence and organized crime that the area has seen. Her leadership as mayor was recognized long before she joined this Parliament.

That is when the House of Commons is at its best. It is when we have members of this place rising in the House to talk on legislation, not just based on what is contained in it, but how it impacts the lives of those impacted by the bill, how the work done by the men and women of the RCMP in Surrey, indeed across the country, is fundamental to the safety and security of the people of Canada and the people of Surrey. They reached out to her council while she led council there, with concerns about crime and these sorts of things.

As a mayor, she also brought to the debate the impact of uniformed service on men and women in the RCMP, the rise of operational stress injuries, the risk of violence, the impact on family of stress, moves, and these sorts of things. I appreciate her addition to the debate here today, and her discussions with me and other members of our caucus on Bill C-7.

It is her input, and the input of members of the RCMP across the country, that is leading the official opposition to oppose Bill C-7. As members may recall at the introduction of this bill, I said we would try to work with the government on it.

Bill C-7 is in this place as a result of the Mounted Police Association of Ontario v. Canada. This was a Supreme Court decision that stated that the staff relations program at the RCMP was not sufficient to meet the rights of association guaranteed to all Canadians under the charter.

That program was an internal HR function that tried to work between management and the men and women on the front lines of the RCMP. The Supreme Court decision stated that the exclusion of the RCMP from the Public Sector Labour Relations Act and its inability to associate violated the charter. Therefore, Bill C-7 is here before us.

In my speech, I said we would work with the government as a result of the timeline that the Supreme Court of Canada gave Parliament to provide a framework so the men and women of the RCMP could get union representation in a way that suits the needs of the unique role that the RCMP plays.

I remind members of this House, I remind the government, that it was given a lot of flexibility by the court. The key element, though, was that it had to be free from management. This type of collective structure needed that degree of independence from management. The rights and the freedoms of members needed to be reflected in that association, so their charter rights needed to be secured.

We did not see that in Bill C-7, from introduction through to committee. That is why our willingness to work with the government only had the legs to get us to committee. As my friend before me said, we were very concerned with clauses 40 and 42 in Bill C-7, which could have resulted in a patchwork of entitlements by RCMP members for health and occupational safety provisions across the country.

In fact, clauses 40 and 42 have nothing to do with the standing up of a collective bargaining agent for the RCMP. It was essentially the outsourcing by the federal government of workers compensation programs to provincial regimes. As each province is different, it would have taken a single unified national police force and created a patchwork of benefits for their members, depending on where Canada asked them to serve.

We had problems with that because the men and women in RCMP uniform go where their nation needs them, whether that be to Surrey or Shelburne, Nova Scotia, similar to when I was in the Canadian Armed Forces. They should not have to worry about a patchwork of benefits and occupational rights depending on which posting they are in.

Therefore, I am happy to say that the government did listen to the concerns that the official opposition expressed with respect to clauses 40 and 42. Ultimately, I am sure that some of its own members heard from members of the RCMP, and the government agreed to strike those provisions at committee. I applaud the government for listening.

I also will remind members that I had profound concerns that some members of the RCMP felt they were being told they could not speak to their member of Parliament and express concerns they have as Canadians with respect to a bill that would impact them and their family, which is Bill C-7. Once again, the government disappointed the opposition, and as the critic, I rose in the chamber to seek unanimous consent of the House and to show that, in the matter before us that would impact thousands of Canadians across the country, none of them should be intimidated or prevented from giving their opinion to their member of Parliament. Because there was that concern within the RCMP, I stood in this House and asked for unanimous consent to say that, as parliamentarians, we should hear from all members who are impacted by the legislation that we are debating and voting on.

Sadly, members of the government denied unanimous consent for such a basic fundamental democratic right. I was not asking for the ability of uniformed RCMP members to throw up bonfires and protests; we were asking for the simple democratic right for members of the RCMP, or their partners or spouses, to be able to come to their MP and express their concerns with respect to legislation. I was profoundly disappointed when the government denied that unanimous consent that would have encouraged MPs to hear from people in uniform on what is probably the most profound bill in generations to impact the RCMP.

While we are on the topic of democratic rights, the other thing I clearly said in my initial speech on Bill C-7 was that we expect Bill C-7 and ultimately the collective bargaining unit for the RCMP to be the subject of a vote by members. We said that in the House and at committee, and the government is not providing that. If we combine Bill C-7 and Bill C-4, it would take away that right from the members of the RCMP in one bill and be silent on it in Bill C-7. The government knows full well that it will pass Bill C-4, which will deprive RCMP members of a secret ballot vote, while concurrently passing Bill C-7. That is shameful. That is why we are opposing Bill C-7.

Why is it shameful? We are debating Bill C-7 as the result of a Supreme Court of Canada decision that asked Parliament to fill the void that the Supreme Court indicated was there with respect to the exclusion of the RCMP from the Public Service Labour Relations Act. Therefore, we are here debating Bill C-7 because of a court decision. However, no members of the RCMP have really been asked about this fundamental question. Why would the government fear giving a secret ballot vote to all RCMP members from Surrey to Shelburne on a collective bargaining agent that is in their own interest?

What is ironic is that every member of the 338 members in this chamber were elected to this place by a secret ballot vote. However, they do not feel it is the same to give the basic fundamental democratic right to vote on their representation collectively to people whom we give the important task of keeping Canadians safe in rural parts of Canada, where the RCMP is the only face of the government and of law and order in this country, those members whom we ask to keep us safe. It is a sad irony that the new government that runs on and talks about sunny ways is clouding those sunny ways by running Bill C-4 and Bill C-7 through the House at the same time.

While I am glad the Liberals listened to us and struck clauses 40 and 42 from the bill, the fact that they are not listening to the existing concerns my colleague from Surrey mentioned and not giving the men and women the right to vote means that Canada's official opposition, the Conservative Party, cannot support Bill C-7.

Motions in AmendmentPublic Service Labour Relations ActGovernment Orders

May 9th, 2016 / 12:55 p.m.


See context

NDP

Daniel Blaikie NDP Elmwood—Transcona, MB

Mr. Speaker, I think it is important not to let the debate on an amendment that has to do with harassment and whether or not RCMP members would be allowed to bring issues of harassment to the bargaining table to get derailed by questions of process on certification. There will be time for that in the debate. There has already been a lot of discussion around that. There will be more opportunity for discussion on that at third reading. I would say, because what I have not heard in the arguments of some members is why a different rule should apply to RCMP members than a rule that will be applying to other Canadian workers who are federally regulated. The place for that debate is on Bill C-4, which will be coming back to this House, as well.

I just want to take some time to talk about however RCMP members get there, if they get there, to have a certified bargaining agent, the question we are talking about now with respect to this amendment is what that bargaining agent is going to be able to bring up at the bargaining table. That is the important issue, I think, with respect to debate on this amendment. I am pleased to rise in support of this amendment.

Members who have been following this debate closely will know that I argued at committee, with the support of my caucus, for an even greater lessening of restrictions on collective bargaining because we think that is required, frankly, in order to honour the spirit of the Supreme Court decision that was taken.

That ruling, and we actually heard quotes from that ruling from the hon. parliamentary secretary earlier, says very clearly that part of the impetus and reason for the kind of freedom of association that is guaranteed as a charter right and thereby also guarantees collective bargaining is that workers have to be able to have a meaningful recourse within their workplace and a way to identify their own priorities to bring them to the employer and to have a shot, I guess is the really informal way of putting it, at having some success.

If we are going to bring a bill forward that says for all the many reasons that RCMP members sustain a protracted court battle in order to get collective bargaining—those have to do with workplace safety and health; they have to do with the topic of this amendment, which is harassment and conduct within the workplace—if we are going to bring forward a bill in response to that decision that says, “Okay, fine. You have collective bargaining on paper but you can't bring any of those issues to the table. We don't even care what your proposals would be. We don't care how reasonable they would be. Before we know even what they are, we're going to rule them out of court through this legislation”, I think it does a real disservice to the Supreme Court's ruling. I think it does a disservice to members. I think it is a reason why, if we do not relax these exemptions, we are going to see, in very short order, another court battle and I think, eventually, if the Supreme Court continues to rule in the spirit that it has been on collective bargaining, we are going to see that this law does not pass muster.

We have an opportunity now to move forward with a bill that would actually give RCMP members what they asked for and what they fought for going through the court process. I still think there is going to be a lot of problems with the bill because there are so many other exclusions, but we will support this amendment because it is a way of making a bad bill a bit better. It is a bad bill that has a strong likelihood of passing, because the government seems quite committed to passing it in its present form. Why it feels such a loyalty to this form is beyond me. This is actually the language that was pulled out of a previous Conservative bill. The Liberals have not minced words when it comes to criticizing the previous government in terms of its approach and thinking. The Liberals certainly have not held back criticism of the previous government when it comes to its approach to labour relations, and yet, the first bill that they are likely to pass does not just adopt that same philosophy and approach, but it is actually for the most part word for word, the very same bill that had been contemplated by the previous government going back as far as 2010.

This amendment is a way, I think, of trying to bring the bill a bit closer to the spirit of the Supreme Court decision. I do not think it gets us there, but I think it is important for RCMP members, if there is a possibility of passing this amendment, and I hope there is, that would at least make things a bit better for them.

I would argue, and have been arguing at length throughout this entire process, that it is not just an opportunity for RCMP members, but it is an opportunity for the institution as well.

We have heard, and we are hearing today from Liberals about how the government is engaging to work on the issue of harassment to improve it. The Liberals are going to study it, as if it had not been studied before, and then they are going to make some changes, and I wish them well in that. I am not saying that is not important. I am not saying that is not an important part of the process, but what we have here with the Supreme Court decision and now Bill C-7, if it is changed, is an opportunity to bring in a genuinely new approach, to do something genuinely different, and to allow RCMP members to bring their knowledge and expertise of the force and how things work on the ground directly into conversations with management.

For instance, if it is the case that Parliament is going to be addressing workplace issues in the RCMP, along with management, and it is going to take parliamentarians going around studying issues, having a law come before Parliament and passing through the two Houses in order to address workplace issues, then is it the view of the government that somehow that is a better process? Is that somehow more responsive than a process that would allow a union that represents RCMP members made up of the very people who are out there doing that good work on behalf of Canadians?

Consider the time that it takes for an issue to filter up through an organization, get media attention, and build public pressure for government to act on it, and it is unfortunate that with issues of sexual harassment in the RCMP we have reached that point. It means that it has become very bad. However, there are all sorts of other workplace issues that maybe do not get quite that bad, but are egregious nevertheless, which could be addressed by a process that actually consults the people who are doing the work on a day-to-day basis. We could get that kind of day-to-day or month-to-month feedback between the people doing the job and the people managing it.

If the model which says that somehow issues have to get bad enough that they come to Parliament and then we go out and study the issue, sometimes for years, and bring legislative changes, is how we are going to address issues in the RCMP, then I do not think one has to be a super business ideologue to say that this is just a bad model. It is just not efficient.

Why would we not want a model, if we are seriously trying to address an issue, that would allow us to get more frequent feedback, which does not involve a bunch of third party players, like parliamentarians, for instance, who do not have that day-to-day experience and do not have a real operating knowledge? It may be that some members of Parliament do have that experience, but if they do, it is a coincidence of the fact that a particular person was elected to represent a particular riding. I think it is fair to say that most of us in this chamber do not have that kind of day-to-day experience. Therefore, it seems wrongheaded to me to pretend that the most serious issues of the force are going to have to come here before they can be dealt with.

There is an opportunity here to have a better system, a system that RCMP members appreciate much more fully, that they are actually a part of. However, part of our point is that we should not prejudge the issue of whether this is going to work well or not. If it works well, it means that fewer of those issues are going to come to the House.

I would say that by the time issues get here, they have become really bad, and they are probably far away from being effectively solved. A good collective bargaining process can help us catch more of those issues early on, and resolve them in the workplace so that they do not have to come to Parliament to get fixed.

To the extent that this amendment, in a limited way, creates more opportunity for that kind of better process in respect of a certain issue, we are in favour of it.

Motions in AmendmentPublic Service Labour Relations ActGovernment Orders

May 9th, 2016 / 12:50 p.m.


See context

Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, I am not sure whether the member and I were watching the same Charbonneau commission. Personally, what I remember from that commission is that, unfortunately, people in positions of authority in the unions violated the fundamental rights of union members to have proper representation. That is exactly the opposite of what we saw.

On this side of the House, we believe that, in order to be free of any express, malicious influence on the part of the union authority over the newly unionized members, voting should be done by secret ballot. That way, everyone can vote in good conscience, in a voting booth, and make the choice that they are most comfortable with. Voting by a show of hands or by identifying oneself, while three or four people are watching each individual closely to see who is on their side, is not necessarily the best way to go about it.

On this side of the House, we believe that secret ballot voting is the best way to give people who want to form a union even more strength and authority, whether we are talking about Bill C-7 or Bill C-4.

Motions in AmendmentPublic Service Labour Relations ActGovernment Orders

May 9th, 2016 / 12:40 p.m.


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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Mr. Speaker, I am pleased to address the House to speak to Bill C-7. Throughout the discussion I will take the opportunity to emphasize that, even though I am not my party's critic on the matter related to this bill, two aspects of it concern me in both form and substance.

Bill C-7 concerns the 28,000 officers of the RCMP, or the Royal Canadian Mounted Police.

This bill was introduced in response to the Supreme Court's January 2015 decision in Mounted Police Association of Ontario v. Canada concerning the right of association of RCMP members. In its ruling, the Court gave the government one year to introduce legislation on the right of RCMP members to associate. That deadline was extended to May 16, 2016.

That is the first thing that I wanted to mention, as it reminds us of what we are going through, in terms of form, with the study of Bill C-14 concerning medical assistance in dying, in which I was directly involved.

RCMP members were not unionized, but they were part of groups and could have discussions with the employer under the staff relations representative program, which was established in the 1970s. It worked quite well, but was challenged by some groups of RCMP officers in Ontario, which resulted in this decision.

For the benefit of the Quebeckers who are watching, I should explain that the RCMP is also the largest police force in eight out of 10 provinces. Ontario has the Ontario Provincial Police, Quebec has the Sûreté du Québec, and the other provinces have the RCMP, the Royal Canadian Mounted Police, which is the police force that enforces the laws and regulations and maintains order in Canada.

The Supreme Court ordered the government to pass legislation conferring on RCMP officers freedom of association and the right to collective bargaining. It was at that point that our government, which was in power at the time, began to clear the way for drafting this legislation, under the direction of the hon. member for Bellechasse—Les Etchemins—Lévis.

Negotiations concerning freedom of association, agreements governing salaries, and all such matters do not happen overnight. We need to take the time to do it right, and that is the point we have reached.

The current government introduced Bill C-7. We agree on the principle of the bill, but we had some serious problems with some of the clauses. Therefore, during the clause-by-clause study, my colleague, the hon. member for Durham, who was a minister and who is a lawyer and a member of the Royal Canadian Navy, proposed some very important amendments.

Clauses 40 and 42, which were deleted from Bill C-7, had to do with health care and insurance provided to RCMP members. We are very happy that the government listened to the Conservative member for Durham with respect to deleting these two major clauses.

However, we do not recognize freedom of association in the same way as the government. We have two opposing views. This is also the case with another bill, Bill C-4, which I am working on in my role as employment and social development critic.

What is the government proposing, and what would we have liked to see in this bill? We think that the right of association must be recognized, but that it should be subject to a secret vote that reflects the will of the members. This is a key element that we enshrined in Bill C-525, for example, which was passed by the House of Commons. This bill required that union certification, specifically when a group of workers is trying to unionize, be subject to a secret vote.

The Conservative member for Durham proposed that solution, but the government rejected it. We find that unfortunate. The sacred right of association must be enshrined in law so that, when it comes time to negotiate, that right is even more powerful, legitimate, influential, and authoritative. In our opinion, the best way to ensure and assert that authority and strength is establishing secret ballot voting.

We know what we are talking about here in the House of Commons. We were all elected by secret ballot. That way of doing things dates back to 1874. It is nothing new. Elected members of the House of Commons have been familiar with the principle of the secret ballot for a long time. The same is true for elected officials in the provincial legislatures across the country. Every elected representative is elected by secret ballot. The same is true at the municipal level. Our mayors and municipal councillors are elected by secret ballot. That is a given in our democratic system if we want those representatives to be powerful, strong, authoritative, and competent.

A solid foundation is needed when it comes time to negotiate and discuss and to ensure that people are properly represented. On this side of the House, we believe that the best way to give unions or union representatives more authority is to allow them to obtain that authority by secret ballot. We encountered exactly the same problem with Bill C-4, for which I am the official opposition critic.

Bill C-525, which was introduced by a Conservative member under the former government, enshrined in law regulations regarding unions and the creation of unions through secret ballot. All of us here, who have decision-making authority, obtained that authority because the people in our ridings voted for us. We think that, when people need to create a union or an association, their representatives, who will be given the authority to negotiate with their employer, should be chosen through the same approach.

That is fundamental, but unfortunately, the government members decided to do otherwise. That is the government's decision to make, but it is not what we would have done.

We believe that that element is fundamental and that the government should have acted accordingly. The Supreme Court specifically stated, in the ruling handed down in January of last year:

The flip side of...freedom of association under s. 2(d) is that the guarantee will not necessarily protect all associational activity.

From our perspective, the best way to give the newly formed group the necessary authority is a secret ballot.

I want to be clear. We support the fact that the 28,000 members of the RCMP, for whom we have a lot of respect, are doing a great job. It is the most honourable job in our country. They deserve a lot, and they deserve it for our citizens. We have a lot of respect for them. We agree with the fact that they should have the right to negotiate as a group. We recognize that. That is why our colleague, the hon. member for Durham, did a tremendous job at the parliamentary committee by pulling out two clauses, clauses 40 and 42, which were not as good as they should have been.

However, we are at a crossroads. The government prefers to have a way of recognizing the group that will represent the RCMP members. We believe the RCMP members would be better served if the election of those people as their representatives was done by a secret ballot vote in front of the government. That is why we agree with the principle of the bill, but unfortunately, we will not be supporting Bill C-4 because the government has failed to recognize that the secret ballot vote is the best way to ensure the strongest dignity of this group to be represented.

LabourOral Questions

April 19th, 2016 / 2:50 p.m.


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Kildonan—St. Paul Manitoba

Liberal

MaryAnn Mihychuk LiberalMinister of Employment

Mr. Speaker, what I can tell the House is that this side respects both unions and businesses and their ability to come to a deal together. They both are going to be at the table working hard for their collective responsibilities. Overall, 95% of all agreements are settled at the table, if they are fair and balanced. This is exactly what we are doing with our Bill C-4.

Opposition Motion—Political Fundraising ActivitiesBusiness of SupplyGovernment Orders

April 19th, 2016 / 1:30 p.m.


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Conservative

Blaine Calkins Conservative Red Deer—Lacombe, AB

Mr. Speaker, it is going to be hard to follow that, but I will do my best to make sure I say “lawyer” when it is appropriate and the other word when it is appropriate, but I cannot say that word in here.

This debate today provides us with a great opportunity to reflect and take stock as Canadians watch the debate. When Canadians elect people and send them to Ottawa they want them to behave in a way that shows our country both domestically and around the world in the brightest light and in the highest standard possible.

That brings me to what the motion is all about. The government party and members on the other side who are taking us to task for presenting the motion today are using words like “frivolous”. They are making comments like “this is a waste of time”. We are debating a rather substantive document, a document called “Open and Accountable Government”. It is written on the letterhead of the Prime Minister of Canada and it bears his signature. This is the standard to which this debate should be held. Members of the Liberal caucus who are rising are hiding behind a technical ruling from the Ethic Commissioner's office. I want to be very clear for people watching this debate at home how this works.

Currently, we have the Conflict of Interest Act and the code of conduct for ministers, parliamentary secretaries, and members of Parliament. This is administered by Mary Dawson, the Conflict of Interest and Ethics Commissioner. She has come before the ethics committee many times. I chair that committee and I have been on that committee in previous Parliaments. We are reviewing the legislation, which has not been updated since the 1980s when it was first introduced. That is how archaic the legislation actually is. Every previous government owns the responsibility for not updating the legislation. I am not here to debate that with the member for Lac-Saint-Louis. I would agree that the time has come.

I remain cautiously hopeful and optimistic that the new bar that will be set in law will actually meet the supposed tests that the Prime Minister expects his cabinet ministers to meet. Here is the reality.

The witnesses who come to committee recommended by the Liberal Party, the NDP, and the Library of Parliament, virtually all are unanimous in saying that the Conflict of Interest Code and the Conflict of Interest Act which creates the code do not stand up in today's society. That bar is here. The Conflict of Interest and Ethics Commissioner, the Information Commissioner, the access to information commissioner, and the Commissioner of Lobbying, have lobbied many times to raise the bar on all of these things. The bar to which they say that the legislation should be changed is here.

The document that the Prime Minister has penned, which has been quoted from several times today, and I will quote it again, says:

Ministerial Conduct

Ministers and Parliamentary Secretaries must act with honesty and must uphold the highest ethical standards so that public confidence and trust in the integrity and impartiality of government are maintained and enhanced.

It goes on:

Moreover, they have an obligation to perform their official duties and arrange their private affairs in a manner that will bear the closest public scrutiny. This obligation is not fully discharged merely by acting within the law.

The law has a standard that is down here according to almost anybody that comes before the committee. That is not a high bar to achieve, and it is not a bar that I would hide behind if I were on the other side of the House today trying to defend.

This document, “Open and Accountable Government”, holds a lot of hope and optimism, but we have to remember who penned this document. This document is supposedly penned by the Prime Minister. My guess is that it was penned by somebody else who might have worked at Queen's Park, where they currently have quotas for ministers to achieve, fundraising targets, and was simply signed by the Prime Minister. Nonetheless, even if the Prime Minister did not pen it, he signed the document, so he is responsible for it.

Let us take a look at that particular individual's conduct. After becoming an MP, we know that the current Prime Minister accepted numerous paid speaking engagements while he was a member of Parliament, and for that he was admonished, not necessarily technically by the Ethics Commissioner, but certainly anybody with any credibility in the media or in civil society would look at that and say, “You are a member of Parliament. You have been invited to a speaking engagement and you are charging a fee?”

In one particular case, the current Prime Minister, in his capacity as a member of Parliament, actually billed a school board $780 for a limousine service to take him from Ottawa to Kingston and return him to Montreal. That is when he appeared at the Algonquin and Lakeshore Catholic District School Board, in Kingston, where he was paid $15,000 to be a speaker. That was in 2010. He was a member of this House. He probably had designs on being the prime minister at some point in time. My guess would be that one would have to do that at some particular point in time.

George Takach said, “MPs shouldn't get paid extra for public speaking, it's part of their job description”.

I certainly would not even dream of accepting payment in my capacity as a member of Parliament, which I have had the privilege of being for the last 10 years in this House.

Others go on to say, “I certainly wouldn't be, as a member of Parliament, receiving money for speaking out on matters of public interest”. This is something that we already get paid quite well to do.

We have to ask ourselves whether the Prime Minister actually believes the document he has penned or whether it is “do as I say, not as I do”. This raises a lot of questions.

He has charged $20,000 to the Certified Management Accountants of Ontario. Would the certified management accountants have anything to lobby the government about at some particular point in time?

He has also taken speaking fees from the Ontario Public Service Employees' Union. We all know about Bill C-4. The ink was not even dry on the swearing in of the ministers, then there is pro-union legislation on the table in the House of Commons. We have to wonder just exactly where the Prime Minister is at on this.

Notwithstanding the credibility of the author of the document, I still have high hopes, as chair of the ethics committee, that we can actually elevate the legislation we have here.

Then we come to the justice minister and the conflict of interest that is abundantly clear to everybody in the world except the Liberal caucus.

The government House leader just stood in this House and tried to rationalize her appearance, because he is able to get $700-a-plate fundraisers in his own riding, 20 minutes from his house, where everybody knows him. He is happy with $750. That is enough to have access. Then he asks us to equate that with an MP from Vancouver, who is unknown to most people in the greater Toronto area, charging $500 a plate for an invitation-only, not even advertised, event. That just does not pass muster. It does not make any sense at all.

We can compare that with some of the decisions, and I was hopeful before Christmas. My birthday is at Christmas, so I was feeling good—

Canada Labour CodePrivate Members' Business

April 12th, 2016 / 6:35 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, we need to recognize that there are competing interests and that those competing interests are best dealt with in a tripartite fashion. It is not just the Liberals who are saying this. As has been quoted, union leaders and other stakeholders have said that we should not bring one-off, piecemeal legislation to try to change the Canada Labour Code. We believe that to be the case. If there are mechanisms through which we can move forward, then we are open to that.

If we look at Bill C-4, we see it is important to this Liberal government. It was one of the first pieces of legislation we introduced shortly after our tax break to the middle class, if I can give that an extra plug. That was our first piece and our first priority. We saw how important labour and unions are to our great nation and introduced Bill C-4 to rectify a wrong.

I passionately believe in the importance of our union movement through which great strides have been made not only in terms of better working conditions, better hours, and better rates of pay and benefits but also with respect to the many different social causes they have played a critical role in developing.

My door is always open, as are the doors of my colleagues. We are more than willing to meet with and do what we can to protect our workers. Over the years, I have had the opportunity to work with many individual members of the union movement. I have also worked with private business. I have had the opportunity to walk on picket lines in support of many workers who were constituents of mine and had to go on those picket lines.

I understand the importance of negotiations. People do not want a strike, whether they be employees or employers, because I would argue that we all lose. However, at times it is necessary. Until we can come up with a better way to deal with these issues, such as through a tripartite mechanism, we must continue to rely on the system that has done us so well over the years. Unlike the Conservatives or the NDP, if we take the politics out of the picture, I think we would have more harmony between labour and management, and that is good for Canada.

Canada Labour CodePrivate Members' Business

April 12th, 2016 / 6:30 p.m.


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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, it is with pleasure that I rise today to address this piece of legislation.

I am taking a different approach to this in the sense that I used to be the labour critic in the Province of Manitoba. I was first elected to the Manitoba legislature in 1988. At the time, controversial legislation called “final offer selection” was being proposed. Hansard will demonstrate that even back then I was afforded the opportunity to give my thoughts and views on labour legislation. I found out early in the game how important it was for government not to use political IOUs in order to please one group over another.

The Liberal government introduced Bill C-4 because we passionately believe that the previous Conservative government used the back door through private members' legislation, Bill C-377 and Bill C-525. Many interest groups and stakeholders from both sides acknowledged that. Our government, through Bill C-4, is rectifying a wrong made by the previous Conservative government.

The Parliamentary Secretary to the Minister of Employment, Workforce Development and Labour commented on the New Democratic Party using a private member's bill. I understand and appreciate the arguments put forward by the previous speaker, but I am suspicious of New Democrats when it comes to labour legislation. Like all Liberal members, I believe in the important role that unions play and we do what we can to support our union brothers and sisters as much as possible, but we believe in fair play.

Let me go back to the provincial election in 1988. It is important that we recognize that industries regulated for labour are primarily at the provincial level and the federal level deals with regulations. Howard Pawley hoped to become the premier of Manitoba at that time. He sat down with a number of union representatives and said that, if the NDP formed government, it would bring in anti-scab legislation. He and the NDP made that commitment. The NDP became government, but it did not bring in anti-scab legislation because the then NDP premier argued that it would not be fair after all. Instead, the government brought in final offer selection legislation in its place. That is when I was elected, in that 1988 provincial election, and when the Conservatives took office they repealed the legislation. We sat until two o'clock in the morning in committee debating this. Many union and non-union members made presentations about the benefits of final offer selection. We often heard about the NDP compromising itself by promising to bring in anti-scab legislation but not doing that and instead coming in with final offer selection. Final offer selection was disposed of because the numbers were not there for the Liberals and the NDP back then.

In 1999 the NDP regained power. One would have thought it would have brought back final offer selection or anti-scab legislation, but it did neither.

The reason I say this is that I believe we have to be more honest with our union brothers and sisters. We have to look at what is in the best interests of Canada as a whole and look at the worker and how we can enhance our workforce. We need to not only look at how we can protect workers but look at the different sides sitting at the table. That is what is being proposed by the Government of Canada today. The NDP and Conservatives have used labour relations as a wedge issue time and time again at the cost of union workers. I have witnessed it.

I did not tell the House about an amendment that was put forward by the Liberal Party in 1990, which would have improved final offer selection, but back then New Democrats voted with the Conservatives to get rid of it.

I am familiar with the games that are played between the Conservatives and the NDP with respect to labour. We in the Liberal Party are saying enough is enough. We need to do what is in the best interests of the worker and the—

Canada Labour CodePrivate Members' Business

April 12th, 2016 / 6:20 p.m.


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NDP

Erin Weir NDP Regina—Lewvan, SK

Mr. Speaker, it is a great honour to rise as a seconder of this private member's bill, Bill C-234.

In the debate about a previous government bill, Bill C-4, government members often spoke about restoring balance to Canadian workplaces. We in the NDP were happy to support that legislation, because Bill C-4 did restore balance to certification and decertification. However, we need to be concerned not only about the right to join a union, but also about the right to bargain collectively.

An essential component of balance in collective bargaining is that in the rarer cases where this process breaks down, both sides bear a cost. Employers do without labour while employees must do without their wages. That puts pressure on both sides to keep negotiating to try to find a solution.

The use of replacement workers, or scabs, destroys that balance by allowing the employer to continue functioning as though there is no labour dispute. We have had far too many cases in Canada of employers demanding severe concessions, locking out workers or provoking a strike and then using scabs rather than negotiating in good faith. One problem with replacement workers is that they can be used to prolong labour disputes.

Another problem with replacement workers is that they increase the likelihood of violence. The process of moving scabs across a picket line into the workplace inevitably puts the employer's security forces in confrontation with the picketers. That is a recipe for bad things. However, even where replacement workers are not actually used, the implicit threat of scabs gives management an unfair advantage in bargaining.

There is a very simple solution to all of these problems: to prohibit replacement workers during legal strikes and lockouts. This is not a new or theoretical solution. Two provinces already have anti-scab legislation and the longevity of anti-scab legislation in those jurisdictions is a testament to its success and to its workability. Quebec has had anti-scab legislation for nearly 40 years. British Columbia has had anti-scab legislation for nearly a quarter century. In both of these provinces, anti-scab legislation was introduced by social democratic governments, but importantly, it has been continued by subsequent right-wing governments. At the provincial level, parties of both the left and the right have accepted anti-scab legislation.

What about at the federal level? What did we hear from the Liberal Party? The member for Cape Breton—Canso tried to tell us that the existing provisions in the Canada Labour Code, which do not actually prohibit replacement workers, constituted some kind of appropriate balance. However, I have already explained why the real balance involves pressure on both sides during a strike or lockout. The real way to achieve balance is not to have replacement workers in the equation at all.

The sense in which the member for Cape Breton—Canso considers this a balance is that we have two sides, unions and employers. Unions obviously would like to have anti-scab legislation and employers would not want to have it. He does not think we can make a change without consensus.

That is kind of a disingenuous argument, because the current situation confers a huge advantage to employers, so of course employers will never voluntarily agree to give that up. It is for parliamentarians to make a balanced assessment, and that is exactly what this private member's bill proposes.

We have also heard the argument from the member for Cape Breton—Canso that this is the wrong process, that we do not want to look at one little element of the Canada Labour Code, that we need to do a big tripartite review of the whole thing. Well I say, bring it on. There has not been a review of the Canada Labour Code since 2006.

The member for Cape Breton—Canso kept saying that we could not do this without a big review of the Canada Labour Code. Let us have that review of the Canada Labour Code. I think that would be very much welcomed on this side of the House. That is not really a good argument not to adopt this legislation. Let us go ahead with the review.

I think the main argument, though, from the member for Cape Breton—Canso is this notion that it is somehow inappropriate to put forward this proposal as a private member's bill. Leave it to the Liberal Party to turn a question of principle into a question of process.

The grain of truth in this argument is the idea that the previous Conservative government did abuse private members' bills to make changes to labour legislation without the same sort of scrutiny that would have been applied to government legislation. That is a criticism that one can make of a government; and if the present government wanted to put forward legislation to implement a ban on replacement workers, obviously, we in the NDP would support that legislation. The reason we are putting it forward as a private member's bill is that the Liberal government has not put it forward on the order paper. It missed the opportunity to do so in Bill C-4. The only way we have to put forward legislation is through private members' bills.

We heard the statement from the member for Cape Breton—Canso that this is introducing a change by the back door. It is not the back door. It is the only door to which the NDP has access. Therefore, yes, from a process point of view, one could criticize a government for sneaking things through with a private member's bill. One cannot criticize the third party for introducing legislation through a private member's bill, because that is the only way it can happen.

What did we hear from the Conservative Party in this debate?

The member for Louis-Saint-Laurent, first, suggested that anti-scab legislation was inappropriate in the federal sector because the federal sector includes these strategic industries, these kinds of essential services.

The way to protect essential services is not to allow replacement workers. If there are specialized people off the job in telecommunications and that is causing a national emergency, the solution is not to bring in scabs. The solution is, hopefully, to negotiate some sort of essential service protocol with the union. If that is not possible, there is the possibility of back-to-work legislation under the Canada Labour Code.

The member for Louis-Saint-Laurent said, well, we don't want to spend all our time in Parliament passing back-to-work legislation, which is kind of a funny statement because the Conservatives were content to spend all kinds of time doing that in the last Parliament when they were in power. Every major strike or lockout in the federal sector during the previous Conservative government attracted back-to-work legislation from that party. Therefore, I do believe that comment is a little out of context.

One of the concerns that the member for Louis-Saint-Laurent raised was that anti-scab legislation could force employers to settle labour disputes quickly.

I would suggest that is a feature, not a bug, of this private member's bill, that we actually want to bring these disputes to a quick resolution. One of the problems with replacement workers is that they drag things out, and one of the benefits of this legislation is that it would speed things up.

We also heard an argument from the member for Louis-Saint-Laurent that there were more labour disputes in Quebec versus Ontario and that this is all the fault of anti-scab legislation.

I would suggest there is a whole bunch of other differences between Quebec and Ontario, including the higher rate of unionization in Quebec. I think the better comparison is what happened within Quebec when anti-scab legislation was passed, because actually it was passed in response to an extremely high level of very disruptive labour disputes in that province, and the introduction of anti-scab legislation led to a great reduction in the number of strikes and the amount of picket-line violence in Quebec. Therefore, I actually see this as a good model for the federal sector.

In conclusion, I urge members to support this private member's bill, which they are free to do because it is a private member's bill. They do not have to vote on party lines. This legislation would strengthen the right to strike while, at the same time, producing fewer, shorter, and less violent labour disputes.

Public Service Labour Relations ActGovernment Orders

March 24th, 2016 / 1:10 p.m.


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Vancouver Quadra B.C.

Liberal

Joyce Murray LiberalParliamentary Secretary to the President of the Treasury Board

Mr. Speaker, I was very disappointed to hear that the member for Cariboo—Prince George has already made up his mind that he will not support Bill C-7, when it has not even been at committee to be reviewed.

That is very surprising, considering his very eloquent remarks on the rich tapestry and history of the RCMP and his deep regard for the force. Our government is respecting the Supreme Court ruling that respects the right to be represented in bargaining by members and reservists of the RCMP. That is exactly what this bill is all about.

The member's concerns are actually about another bill, Bill C-4, which rolls back changes that were made without any consultation in Bill C-525, which force a one-size-fits-all bargaining system on the Public Service Labour Relations Board.

Why would the member want to have that when he wants a vote free of reprisal? That is exactly the purpose of the board. They have the tools to ensure that. They have options for how to implement a vote. They have laws that support freedom from any intimidation. They have penalties and orders they can impose. They review a vote, whether it is done by card check or mandatory vote or secret ballot.

Why would the member want a one-size-fits-all approach, prejudge this very important legislation, and be prepared to vote against legislation that is all about respecting the members of the RCMP?

Public Service Labour Relations ActGovernment Orders

March 24th, 2016 / 12:30 p.m.


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Conservative

John Barlow Conservative Foothills, AB

Mr. Speaker, it truly is an honour to follow my respected colleague from Yellowhead. I thank him for sharing his time with me. I have a lot of respect for his 35 years of service with the RCMP, protecting the communities of Canada. We are truly blessed to have him as a member of our caucus.

I want to talk a bit about some of the history. I am very blessed to have a deep RCMP and North West Mounted Police history in my riding. Fort Macleod was founded in 1874. It is now a world-renowned museum of the North West Mounted Police in western Canada. Downtown Fort Macleod is now a provincial historic site, as well as the museum.

There is also the Alberta Provincial Police Building in Crowsnest Pass, which was founded in 1918. I am proud to say that the Conservative government last year contributed $100,000 to the refurbishing of that police building to protect its history. I am sure many people in the House would like to know that Corporal Stephen Lawson was killed in front of that building in the early 1900s. One of the accomplices in the shooting was Florence Lassandro. She was convicted of that murder and was the first and only woman ever hanged in Alberta's history. That is a bit of Alberta's history.

Today I want to speak to Bill C-7 and say how disappointed I am. On this side of the House, I think many of us are. We continue to have to challenge the Liberal government on the importance of accountability and transparency when it comes to unions, and specifically the importance of a secret ballot.

Members of the RCMP are out there each and every day protecting our rights, freedoms, and democracy. Why we would miss this opportunity to stand shoulder to shoulder with them and protect their democratic rights when we have the chance to do so? It is disappointing that we are missing this opportunity by putting forward Bill C-7, which does not include the right to a secret ballot. I ask the Liberal government to send the bill back in order to add the provision of a secret ballot for RCMP members when they are faced with the question of certifying or not certifying as a union. Simply put, that is the right thing to do.

Members of the RCMP have the democratic right to a free and fair secret ballot vote when certifying or decertifying as a union. Every one of us in the House was elected by way of secret ballot. Every member of a provincial or municipal government was elected by way of secret ballot. It only makes sense that we would be sharing that democratic right, not a privilege but a democratic right, to a secret ballot at all levels, including unions.

A secret ballot is the cornerstone of our democracy and at the heart of Canadian values. However, the Liberals have shown again, with the combination of Bill C-7 and Bill C-4, that they see the right of secret ballot as being somehow obsolete. In many cases, they do not feel it is democratic at all, which I find to be extremely disappointing and concerning.

This is about balance and creating a fair environment in which workers are the ones making the choice they feel is best suited to their needs. The Supreme Court decision speaks to allowing the RCMP the right to associate for the purpose of collective bargaining. I think all of us in the House agree and support that decision. However, we also believe this is an opportunity to vote by way of a secret ballot, and it should be a privilege and democratic right that the RCMP have this opportunity.

Our specific intent has always been to preserve the democratic rights of Canadian workers through increasing public confidence in unions, but to have that confidence, unions must operate in a transparent and accountable way without any chance of undue influence or coercion. Our democratic system was designed with a secret ballot as its keystone, specifically to maintain the integrity of the vote and to allow citizens to cast their ballot in privacy.

The jobs minister has made it very clear that she does not believe in the integrity of a secret ballot. In fact, she has said that the card-check system is a much more democratic way to certify or decertify a union. Recently in committee meetings, she was asked why she would repeal Bill C-525, which gave employees the democratic right to a secret ballot to decertify or certify a union. I will read this quote, because her answer was very clear on where she and the Liberal Government stood in terms of democracy. She said:

The card-check system is a perfectly democratic way of gauging support as it ensures that an absolute majority of employees support the union, not just those who come out and vote.

Our jobs minister is saying in committee that a card check system is a much more democratic way to decide if a majority of people support whatever that issue is, over a secret ballot; that somehow when people actually show up to vote for something, they are not legitimate.

I went around door-knocking in my riding, as I know most of the members of this House did as well in their ridings as we went through the election period. If I went up to ask those people for their vote right then, and I wanted them to sign a piece of paper that would tell me that they voted for me while I was standing there, how often do you feel that person would be telling the truth?