Mr. Speaker, I will begin by stating that the official opposition intends to support the bill before us today at third reading stage, even though it is not perfect, to say the least. I will have an opportunity to say more about that in a few minutes.

We support the bill because harassment has no place in our workplaces and we welcome any initiative or measure that eliminates harassment and violence from our workplaces.

Members will recall that the government introduced this bill only six months ago, on November 7, 2017. That may seem a long time ago for those listening at home, but it is rather quick for a legislative process. It proves that the opposition parties and the government have shown good will in advancing a bill that tackles a societal problem. We need only think, unfortunately, of all the scandals that have come to light in recent months and years. I agree with the Parliamentary Secretary to the Minister of Employment, Workforce Development and Labour that it is important to change the mentality of tolerance for these types of totally unacceptable behaviours, gestures, and actions in our workplaces.

The bill before us today, namely anact to amend the Canada Labour Code, harassment and violence, the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1, covers approximately 8% of the workers actively employed in Canada. Who does it cover? It covers federal public service employees and federally regulated employees. The other part of the bill, the part that the opposition welcomes, applies to political staffers who are currently in a grey area, a legal limbo that leaves victims of harassment even more vulnerable. The bill covers federal employees and employees in federally regulated workplaces, but it also more broadly covers Parliament Hill staffers. That is a good thing, and it is one of the reasons why we support the bill.

I will start by listing three good points about the bill that convinced us to support it and for which the government has agreed to make amendments. We would have liked to see the government go much further, because our goal as the official opposition was to make this bill put the victim first. Unfortunately, in this case, as in many other cases, the current government was not willing to go as far as we would have liked.

We are confused because there is only a single definition for the words “harassment” and “violence”, which is completely illogical. The opposition fought to ensure that the bill contains at least one definition. The unfortunate thing about this government is that the Liberals sometimes tend to not want to put a name on things, and that can create confusion. At least there is a definition now. It is not perfect, but there is a definition of harassment and violence. A colleague read that definition just a few moments ago, but I am going to read it again because it is important.

[H]arassment and violence means any action, conduct or comment, including of a sexual nature, that can reasonably be expected to cause offence, humiliation or other physical or psychological injury or illness to an employee, including any prescribed action, conduct or comment;

Were it not for the opposition's hard work, there would be no definition in this bill, even though that is very important because the definition serves as a framework for developing the regulations and enforcing the act. It was the opposition that proposed an amendment regarding the definition.

Another amendment I will call the pièce de résistance was also made. In that regard, I would like to recognize the remarkable work of my committee colleagues. I want to recognize the work of my colleague from British Columbia, the hon. member for Langley—Aldergrove, who also worked overtime to help move this bill quickly through the House. The young member for Battlefords—Lloydminster also did an outstanding job. We had the support of other members, particularly my colleague from Lethbridge, who proposed an amendment that made us feel a lot better about supporting this bill. The amendment I am talking about is what I would call the firewall amendment. In our democratic system, it is crucial to maintain the independence of the various branches of government. There is the executive branch, represented by the government, and the legislative branch, represented by Parliament, or the House of Commons and the Senate.

One of our main concerns about the original version of the bill was that it opened the door to government interference in the affairs of parliamentarians. It undermined the independence of parliamentarians, which is completely unacceptable. That said, we must ensure full compliance with the law when such despicable events happen in the parliamentary environment. My colleague from Lethbridge proposed a very sensible amendment that would ensure that all complaints regarding harassment or any other offence under the labour code would land on the desk of the deputy minister. This amendment was designed to prevent political interference.

We often used the same example in committee; it concerns all governments, not just the current one. If a political staffer, either male or female, says they have been the victim of harassment on the part of a minister, we must ensure that their complaint is dealt with independently, without political interference. That is what the amendment does. I would even say that it was so well worded that it also prevents people from using occupational health and safety issues to interfere in parliamentary offices. Thus, the objective has been met thanks to the amendment brought forward by my colleague from Lethbridge, and I thank the government for accepting it. It will prevent all insidious political interference in the process. That is a good thing. Thus, we now have a definition and a firewall of sorts.

Other measures were introduced through amendments that we proposed to ensure that the government focuses on supporting and helping the victims, as it promised it would. The government talks a good game, but we wanted to ensure that the small steps being taken were taken responsibly, and these amendments will certainly help with that.

As I was saying, we had some serious concerns about this bill before it was sent to committee. We were concerned about the provisions on mediation, the risks of political interference in investigations into workplace harassment, the definition of key terms, and the priority given to protecting victims and their rights. For example, according to the previous wording of the bill, a person who was a victim of harassment by their immediate supervisor had to deal directly with their harasser, meaning the very person who attacked the complainant.

Hon. members can appreciate how that might put the victim in an awkward position. An amendment was proposed to ensure that the complainant could talk to a third party. Let us not forget that this applies to all federal public service employees. Accordingly, in some cases, we could be talking about corporations or small businesses, unionized or not. It was important for us to consider these realities. That is why we proposed an amendment, which was accepted, in order to ensure that a victim does not have to go through their harasser in the event that the victim feels that the situation warrants a formal complaint.

The Conservative members of our committee also successfully introduced an amendment to establish strict deadlines for harassment investigations so they are completed in a timely fashion. This bill requires companies to adopt a harassment policy and enforce it through mediation and, when necessary, investigations by independent investigators. This bill is designed to prevent victims of harassment from being victimized twice. That is what happens when a victim of harassment gets involved in a process that ends up being a whole new nightmare when it comes to delays. We introduced provisions that will make this whole process regulation-based and not in the act itself. We will hold consultations with various stakeholders to establish timelines for the process.

Our team also introduced and supported mandatory sexual harassment training. One of the main focuses of the government's approach in this bill is prevention. If we want to eliminate harassment, we must work on prevention. Here in the House of Commons, this group of parliamentarians currently receives training on this issue. Training is key to changing mindsets. This was missing from the bill, but there is now a training component in the bill as a result of our proposed amendments. Obviously, we have to consider the realities of the labour market, but a variety of options can be put forward to make the process effective and rational.

Furthermore, an amendment was proposed to allow former employees who had claimed to be victims of harassment to file a complaint. To protect the integrity of the process, I brought up a firewall clause. All of this can be done within a reasonable time. Another important measure is that the bill could be reviewed in five years. One of my colleagues proposed this amendment.

There is one amendment to the bill that I wish had been accepted but, unfortunately, it was rejected outright by the government. We were disappointed because the amendment would have ensured that a victim could turn to the Department of Employment, Workforce Development and Labour if they thought the process was not being conducted properly. One of our ongoing concerns is that potential victims will have to jump through hoops if they must first turn to their employer to file a complaint. The employer will initially suggest mediation, then there will be an independent investigation, and, after that, recommendations will be made.

Another area where the bill is weak is in the application of sanctions if the investigator makes recommendations in a case of harassment.

When an individual believes that they have been wronged, how can they resolve the situation and move forward if, as in past cases we have seen, the employer has not fully accepted its responsibilities? Now, with this legislation, the government will be able to tell companies to do their job and apply the law. We are aware of the delays this may cause.

That is why the official opposition moved an amendment to have section 127.1(1.1) read as follows:

In the case of a complaint relating to an occurrence of harassment or violence in a work place at which less than 20 employees are normally employed, the employee who believes on reasonable grounds that there has been a contravention of this Part may refer his or her complaint to the Minister in accordance with subsection (8).

I have to say, the federal government is not leading the way in addressing harassment and sexual violence. Several provinces, such as Quebec, instituted processes and mechanisms over a decade ago that allow employees to report harassment directly to the department of labour, which in Quebec is known as the Commission des normes, de l'équité, de la santé et de la sécurité du travail, or CNESST. Sadly, this option currently does not exist in the federal government because investigators examine only the process, not the ins and outs of a particular situation. The government really missed an opportunity here. It could have addressed the unfortunate issue of harassment and violence in the workplace much more vigorously. That amendment was rejected. It was intended to give the bill more teeth and provide victims with a tool to ensure that the employer's process is carried out properly. This was regrettably a missed opportunity.

Awareness is another issue that gets little mention in the bill. We asked for mandatory training. The government says a lot of things, but it needs to provide the necessary tools. There was no mention in the minister's remarks and subsequent discussions with government colleagues of any measure for monitoring compliance with the spirit of the act by raising employee awareness, whether in the public sector, on Parliament Hill, or in the private sector.

For these reasons, we believe the bill could have been better, but as the saying goes, a bird in the hand is worth two in the bush. We therefore plan to support this bill.

I want to thank all the committee members, especially the chair, the member for Cambridge, who did his job well. He made sure the bill moved forward in a very quick and timely fashion so that we could pass this bill and send a message that the Parliament of Canada does not tolerate workplace harassment.

Steven Blaney

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