Internal Economy, Budgets and Administration

Honourable senators, I rise again in this debate to comment on the presentations given by Senator Downe and Senator McPhedran at the last sitting of the Senate. I want to thank all senators who have shown an interest in this proposed policy, particularly Senator McPhedran, who, with her extensive experience on this matter, really wants to see it improved.

In light of the debates that went on last week, it appears to me that some incomprehension still remains about certain aspects of this proposed policy. I want to clarify these three aspects.

First, I would like to make it very clear that the impartial third party and its investigation process are neither accountable nor overseen by CIBA or the Senate administration. Under this proposed policy, the impartial third party will be completely independent to investigate complaints. It is a core element of the policy to ensure the totally external and independent nature of the complaint process, as was recommended in CIBA’s thirty-seventh report.

There is no indication in this policy that the harassment complaint process conducted by the impartial third party will be held accountable by either CIBA or the Senate administration. The accountability to CIBA is purely financial and administrative, but it is not on the actual complaint process; that part is entirely independent. I also want to point out that all complaints will be made directly to the impartial third party. This will put an end to the conflict of interest described by Senator Downe and which characterized the complaint process under the current policy.

Second, respect of privacy is also a vital element that needs to be enforced in the course of harassment complaints. During the subcommittee’s study, numerous witnesses noted a lack of confidentiality in the policy surrounding the complaint-resolution processes. The provisions in Bill C-65 largely prevented the disclosure of:

. . . any information that is likely to reveal the identity of a person who was involved in an occurrence of harassment and violence in the work place.

By providing strong confidentiality mechanisms, this proposed policy follows the advice of witnesses consulted in the study and conforms to the language of Bill C-65.

Finally, to characterize this proposed policy as lacking appeal opportunities would also be inexact. Appealing the decision process is possible under step 10.1 of the formal complaint process. It also presents many opportunities for complainants and respondents to provide comments to the independent third party about the ongoing investigation. Furthermore, complainants have every right in this proposed policy to make a complaint under the Canadian Human Rights Act. Other forms of recourse are also taken into consideration, such as filing grievances under applicable terms and conditions of employment, collective agreements or statutes. The only point of distinction being that these forms of recourse not be parallel to the investigation of the independent third party in order not to undermine it.

In any case, complainants or respondents who feel wronged and wish to appeal the investigation will not be met with job-related sanctions. The draft policy states that: “Reprisals against any individual who participates in good faith in any process under this policy is prohibited and will be sanctioned.”

All concerns about reprisals are to be directed to the impartial third party, who will address them promptly. This being said, I support Senator McPhedran’s amendment, because I believe that if the Human Rights Committee also studies this draft policy, that could be a way to improve the measure. I have no objection to that.

Colleagues, this proposed policy is long awaited and much needed. I hope we can proceed to a vote rapidly, first on Senator McPhedran’s amendment and on the third report of CIBA for the designated committees to be able to study the draft policy without further delays.