Labour Rights Law Office Sebastien Anderson, Barrister & Solicitor
Labour Rights Law Office: Who are we? • Our people • A virtual law office • S ebastien Anderson, BC & AB • Toll-free access 24/ 7/ 365 • Daniel Oleksiuk, BC • Phone: 1-877-708-8350 • Fax: 1-877-700-8879 • S herry S hir, Articled S tudent • Email: info@ LabourRightsLaw.com • Primary fields of practice • Web: www.LabourRightsLaw.com • Labour, Employment, Human • Cloud-based servers in BC Rights, & Administrative law • Encrypted Enterprise file sharing • Our Police Clients • Upload & download large files • Port Moody Police S ervices Union • Collaboration • Transit Police Prof. Association • Quick and easy access to documents • Individual RCMP Members
What issues are facing our RCMP clients? • Bill C-42: An Act to amend the RCMP Act & related consequential amendments to other Acts • Justice delayed is j ustice denied: the RCMP grievance procedure • Health S ervices Office on the offensive! • Elements of a good employment law defence: What can you do?
Bill C-42: An Act to amend the RCMP Act & related consequential amendments to other Acts Workplace relations: Amendments to Parts I – IV of the RCMP Act
Bill C-42: An Act to amend the RCMP Act & related consequential amendments to other Acts • Legislative history • First Reading: 20 June 2012 • S econd Reading: 19 S ept. 2012 • Third Reading: 6 March 2013 • Royal Assent: 19 June 2013, S tatutes of Canada 2013, c-18. • Coming into force: “ on a day to be fixed by Order of the Governor in Council.”
Bill C-42: An Act to amend the RCMP Act & related consequential amendments to other Acts • The Harper Government says Bill C-42 • modernizes discipline, grievance and human resource management processes for members, with a view to preventing, addressing and correcting performance and conduct issues in a timely and fair manner [… ] In particular, it authorizes the [RCMP] Commissioner to act with respect to staffing, performance management, disputes relating to harassment and general human resource management.
Bill C-42: An Act to amend the RCMP Act & related consequential amendments to other Acts • Bill C-42 is said to • Increase flexibility so the Commissioner has the authority to act fairly and expeditiously to resolve conflicts tarnishing the RCMP’s reputation; • “ increase accountability to its members and the public;” • “ gives force of law on investigations… involving members of the RCMP;” • Improves “ enforcement of disciplinary measures, the handling of grievances… in order to expedite the processing of … misconduct cases involving RCMP members.”
Commissioner’s new powers to modernize human resource management & harassment Commissioner Paulson: The person to modernize the RCMP?
Bill C-42: An Act to amend the RCMP Act & related consequential amendments to other Acts • S ection 31(1.2); precludes a Member from filing a grievance claiming a right t o equal pay for work of equal value ; • S . 31(1) of the Act : a member may file a grievance, if there is no other process for redress in the Act , Regulations, or Commissioner’s S tanding Orders; • The amendment to S ection 31(1.1)of the RCMP Act prohibits the filing of a grievance if there is another administrative procedure contained in another Federal statute, with the exception of the Canadian Human Right s Act ;
Bill C-42: An Act to amend the RCMP Act & related consequential amendments to other Acts • S ection 30.2 of the Act requires the Commissioner to establish “ an informal conflict management system;” • S ection 31(6) of the Act is amended to require a response to a grievance “ as soon as feasible” rather than the requirement to do so “ as soon as possible;” • S ections 32(1) & 45.16(9) of the Act are amended by removing the express reference to j udicial review under the Federal Court s Act ; • Decisions are “ final and binding” , therefore, j udicial review is available;
Increased authority for the RCMP Commissioner • Discharge any member for promotion of economy or efficiency of the Force: s 20.2(1)(k); • Discharge/ demote a member for reasons other than a contravention of the Code of Conduct: s 20.2(1)(g); • Discharge/ demote a member whose performance the Commissioner deems unsatisfactory: s 20.2(1)(e); and • Require a member to undergo a medical examination/ assessment by a qualified person chosen by the Commissioner: s 20.2(1)(c); • To sub-delegate the authority to dismiss/ demote; and the authority to sub-delegate the authority do dismiss/ demote: s 20.2(4);
Commissioner’s new authority to make rules • To direct the stoppage of a member’s pay and allowances: s. 21(2) • To discharge/ demote a member for • unsatisfactory work performance; • reasons other than contravention of the Code of Conduct; and • the promotion of economy and efficiency of the Force; • To require a member to undergo a medical examination/ assessment to determine • the member’s ability to perform their duties; or • to participate in Code of Conduct proceedings.
Bill C-42: An Act to amend the RCMP Act & related consequential amendments to other Acts • S • Bill C-42 makes no substantive . 36 of the Act : Commissioner may make rules “ defining the changes to the Code of Conduct levels of the grievance Regulation procedure, i.e., restricting • procedural changes are intended grievances concerning various to make it more “ flexible” matters. • A hearing is not required for all Code of Conduct investigations, s. 42 of the Act . • S ection 37 Discipline replaced by Part IV-Conduct • S . 40.2 of the Act permits the Commissioner to seek an ex part e search warrant from a j ustice; and production orders, s. 40.3 of the Act .
Bill C-42: An Act to amend the RCMP Act & related consequential amendments to other Acts • Code of Conduct investigations conducted by a “ Conduct Authority” for which the Commissioner’s Rules define a “ conduct measure.” • If Conduct Authority considers the conduct measure insufficient, matter may be referred to a hearing before the Commissioner’s delegate. • Conduct Authority may impose only one or more of the defined conduct measures.
Bill C-42: An Act to amend the RCMP Act & related consequential amendments to other Acts • S . 43 of the Act , establishes Conduct Board similar to a military court- martial procedure; • Hearing before Conduct Board is public, unless otherwise ordered, s. 45.12. • Conduct Board has the same powers as a Board of Inquiry, s. 45(2) of the Act ; • Conduct Board may impose a penalty including: • a recommendation for dismissal; • a direction to the Member to resign, failing which it will recommend dismissal; or • one or more of the conduct measures defined by the Commissioner’s Rules.
Bill C-42: An Act to amend the RCMP Act & related consequential amendments to other Acts • Conduct Board may conduct the hearing in the absence of the affected Member, s. 45.12(8) of the Act . • Conduct Board may require a Member to submit to a medical examination/ assessment if the Member claims to be unable to attend due to medical reasons, s. 45.12(9) of the Act . • A Member may appeal the Conduct Board’s decision to the Commissioner, s. 45.11 of the Act .
Bill C-42: An Act to amend the RCMP Act & related consequential amendments to other Acts • The External Review Committee replaces the former Adj udication Board provisions. • The Appeal may be referred to the Committee if it involves, • financial penalty of more than one day’s pay; • demotion; • direction to resign; • recommendation for dismissal; or • dismissal. • Part V – Discharge & Demotion is repealed, Bill, s. 33.
Bill C-42: An Act to amend the RCMP Act & related consequential amendments to other Acts • S ection 50 of the Act creates a number of summary conviction offences, punishable by a fine of up to $5,000 and/ or 6 mos. Imprisonment for • refusing to produce a document in that person’s possession or control; • Refusing to answer any question; • Using insulting or threatening language or causing interference or disturbance during a proceeding under the Act ; • Printing observations or using words in relation to a civil or administrative action or proceeding with an intent to inj ure reputation;
Bill C-42: An Act to amend the RCMP Act & related consequential amendments to other Acts • S ection 50.1 of the Act creates a number of hybrid offences (summary conviction or indictable offences) for, • Intentionally harassing, intimidating, or threat ening anyone to compel them from making a complaint; • Harassing, intimidating and threatening a complainant, a member subj ect to Code of Conduct proceedings, or a potential witness; • Making a false or misleading statement; • Destroying, mutilating, altering, or concealing a document or other evidence; and • Directing or counselling anyone to do any of the above.
Bill C-42: An Act to amend the RCMP Act & related consequential amendments to other Acts • Civilian Review & Complaints Commission replaces the Commission for Public Complaints Against the RCMP; • It is not responsible for review of • grievances; • disciplinary matters; • demotions; and • dismissals. • Jurisdiction is limited to conducting reviews on its own initiative concerning only specified RCMP activities.
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