Bill C-42 · 41th Parliament · Stephen Harper
Enhancing Royal Canadian Mounted Police Accountability Act
An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts
Government bill. Became law.
- IntroducedJune 20, 2012
- Debated in principleSept. 19, 2012
- Studied by a committeeDone
- Passed its first chamberMarch 6, 2013
- Passed the second chamberJune 3, 2013
- Became lawJune 18, 2013
Leading supporters
Ranked by the part each played: who is responsible for the bill, who carried it, and who spoke for it most.
- Stephen HarperPrime Minister
- Daniel LangSenate · Sponsor in the Senate
- Candice BergenDefends the rejection of opposition amendments as unnecessary or out of order and argues the bill gives the RCMP needed flexibility.
- Ryan Leefexplicitly states pleasure at supporting the bill and defends it as a good starting point.
- Vic ToewsIntroduces the bill and presents it as necessary reform to strengthen RCMP accountability.
- David WilksStates that the bill provides the commissioner powers needed to address issues within the RCMP.
- Joseph A. DaySenate · SenatorNotes good points in the bill and that it is moving in the right direction while seeking one specific fix for civilian members.
- Roméo Antonius DallaireSenate · SenatorDescribes Bill C-42 as a first step and significant step with extraordinary requirements essential to getting the RCMP back on track.
Who carries this bill
Arrows run from the person responsible to those who answer to them on this bill. The critic leads the Senate’s scrutiny and answers to no one on it.
What it set out to do
On 20 June 2012, the Minister of Public Safety introduced Bill C-42, An Act to amend the Royal Canadian Mounted Police Act and to make related and consequential amendments to other Acts (Enhacing Royal Canadian Mounted Police Act), in the House of Commons and it was given first reading. The bill amends the Royal Canadian Mounted Police Act. Among other things it: • enhances the accountability of the Royal Canadian Mounted Police by reforming the Royal Canadian Mounted Police Act in two vital areas. First, it strengthens the Royal Canadian Mounted Police review and complaints body and implements a framework to handle investigations of serious incidents involving members. Second, it 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; • establishes a new complaints commission, the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police (CRCC). Most notably, it sets out the authority for the CRCC to have broad access to information in the control or possession of the Royal Canadian Mounted Police, it sets out the CRCC…
Summary by the Library of Parliament.
Where members stand
That this question be now put. · 2012-09-19 · Passed
What the Senate tried to change
- removes provisionsJoseph A. DayProtects existing civilian RCMP members from being deemed out of their category by amending clauses 12, 13 and 86 to grandfather current members and require categories matching existing duties.Outcome not recorded in the debate · May 28, 2013 · Senate record
How it changed on the way
71% of the text as introduced was changed or removed by the time it became law (37,107 words introduced, 36,152 passed). A committee amended it.
substantial changeintent mostly kept
The bill kept its core purpose of strengthening RCMP accountability through a new complaints commission and updated discipline rules, but 71% of the introduced text was revised or replaced by royal assent. Changes focused on refining appointment, probation, and reserve provisions while updating dates and adding statutory chapter references.
- Updated bill status from first reading to royal assent with new chapter number.
Before: “FIRST READING, JUNE 20, 2012 MINISTER OF PUBLIC SAFETY”
After: “ASSENTED TO 19th JUNE, 2013 BILL C-42”
How precisely it is written
mixedChallenging the law: ModerateDisputing a charge: Moderate
The bill mixes hard numbers and defined procedures with repeated subjective tests that turn on opinions, public interest, or likelihood of harm. This leaves many decisions open to argument rather than settled by the text alone.
Open to argument
“considers it necessary or in the public interest”
Subjective standard that lets the Commissioner decide without an objective test.“in the opinion of the Commissioner, its disclosure would affect its validity”
Relies on the Commissioner's personal view rather than a fixed rule.“will likely be disclosed during the course of the hearing”
Uses a predictive and open-ended likelihood test.
Clear-cut
“for periods of not more than 12 months”
Clear numerical limit on appointments.“after the expiry of one year from the time the contravention and the identity of that member became known”
Fixed one-year limitation period tied to a specific event.“a justice may issue a warrant if the justice is satisfied by information on oath that there are reasonable grounds to believe”
Standard objective warrant threshold with sworn evidence requirement.
Discretion. Extensive power is left to the Commissioner to designate conduct authorities, decide access to information, set conditions, and make regulations, plus broad authority for conduct boards and justices to order in-camera hearings or impose conditions they consider appropriate.
Challenging the law itself. Vague phrases such as 'public interest' and 'in the opinion of' could support a vagueness or overbreadth claim under Charter s. 7, though the bill's procedural detail may blunt some arguments.
Disputing a charge under it. A member facing discipline can readily dispute whether the conduct authority's opinion or the 'likely' disclosure test was properly applied, but fixed time bars and warrant rules are harder to contest.
Read by a language model from the royal assent text; every quoted phrase appears in the bill. A reading of the drafting, not legal advice.
Did it work?
no evaluation found
Who lobbied on it
No lobbying registration naming this bill is loaded.
Stages and dates from LEGISinfo.