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House Hansard - 325

44th Parl. 1st Sess.
June 5, 2024 02:00PM
Madam Speaker, first, I want to commend the sponsor of the bill, the member for Bellechasse—Les Etchemins—Lévis for introducing this private member's bill. I sit on the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities and I can tell my colleague that she can count on the support of the Bloc Québécois during the study of this bill in committee. The sponsor of the bill referred to the time when she was the Quebec minister of labour in 2018. At the time, I still had the good fortune of being the labour leader at the Centrale des syndicats du Québec. Work was done in Quebec to advance labour laws, especially at the Conseil consultatif du travail et de la main‑d'œuvre. The sponsor of the bill would surely agree that it was in our DNA to advance labour law in Quebec. The summary of the bill being studied today is simple. It seeks to amend “the Canada Labour Code in order to provide a former employee with more time to make a complaint relating to an occurrence of harassment and violence in the work place after they cease to be employed”. Currently, the employee has three months. The bill seeks to change the prescribed period to two years. My colleague is absolutely right. Once again, Quebec has been at the forefront of labour legislation. Quebec amended its Act respecting labour standards. I, too, found it surprising that the Canada Labour Code refers to employees and former employees separately in the context of harassment and violence. Frankly, the Canada Labour Code has only recently begun to deal with these issues, unlike Quebec. I would venture to say that it is clear from looking at the Canada Labour Code that it needs some love. It is a shame that we have to make these changes one at a time, because reforming the Canada Labour Code at the federal level would correct a lot of inequities. That said, I am not going to digress from tonight's subject, which is the bill. Quebec's Act respecting labour standards differs greatly from the Canada Labour Code. Here is what it says: “An employee who believes they have been the victim of psychological harassment may file a complaint in writing with the Commission.” There is indeed a commission in Quebec that deals with the complaints. “Such a complaint may also be filed by a non-profit organization dedicated to the defence of employees' rights on behalf of one or more employees who consent thereto in writing.” Later on, it says, “Any complaint concerning psychological harassment must be filed within two years of the last incidence of the offending behaviour.” I was listening to the discussions where members were talking about courage. It is exactly right that it takes courage, but it also takes means. Psychological harassment and violence in the workplace are phenomena that have been widely documented in every workplace, both unionized and not unionized, and in both the public sector and the private sector. Often, there are quite a few investigative processes to go through before a complaint can be filed, and the individual filing the complaint may struggle to cope. Domestic violence is one thing, but we know that violence often occurs between peers. Filing a complaint is a laborious process that takes time and means. We need ways to ensure that the person filing the complaint can be sure that the process will be fair, impartial and objective. Quebec has found ways to do just that. Quebec has its Act respecting labour standards, and most collective agreements now also provide mechanisms for setting up joint workplace committees to deal with these issues. In short, once again, Quebec is a leader. It is good that we are able to fix this. Canada has taken a small step, and now it needs to update it. Canada ratified Convention 190 of the International Labour Organization, or ILO, in 2023. The convention officially took effect in 2024. It reads as follows, and I quote: This Convention applies to violence and harassment in the world of work occurring in the course of, linked with or arising out of work: (a) in the workplace, including public and private spaces where they are a place of work; (b) in places where the worker is paid, takes a rest break or a meal, or uses sanitary, washing and changing facilities; (c) during work-related trips, travel, training, events or social activities; (d) through work-related communications, including those enabled by information and communication technologies; (e) in employer-provided accommodation; and (f) when commuting to and from work. This cursory recap is simply intended to show that the conventions adopted by the ILO, a tripartite organization made up of worker, employer and government representatives, play an important role in labour law. I was pleased to accompany the Minister of Labour and Seniors when this convention was ratified. What the sponsor of Bill C‑378 is asking for is a minor correction to the Canada Labour Code, because now that the convention has been ratified, we need ways to implement it and we need to ensure that our laws reflect these measures. The relevant section of the Canada Labour Code must also ensure that we have the wherewithal to conduct reviews and analyses. It is absolutely true to say that the last analysis report on the issue dates back to 2021. In 2023, we were at least provided with statistics on the number of incidents and the number of employees. Public servants and employees of the big banks alone account for roughly half of the complaints. That is a significant number. The fact that the time frame is only three months reflects a lack of understanding of everything that is involved in filing a complaint. It is also important to be aware of the facts. I was pleased that Canada ratified the ILO convention. I consider it a major step forward. Now, as the saying goes, the government needs to walk the talk. The least we can do is fix the Canada Labour Code so as to create equity between employees and former employees. One day, perhaps, the definition of former employees will be removed. With all due respect, I will say that I am pleasantly surprised that the Conservative Party suddenly seems to be siding with workers. We saw this recently with the bill on replacement workers, which passed with unanimous support. Now we are seeing it again with their sincere intention to amend the Canada Labour Code. I remember Stephen Harper's Conservative government, whose unjust bills attacked the rights of workers, the right of association, the right of representation, the right to organize. They also attacked fundamental constitutional rights, such as the privacy of labour organizations. I am talking about two pieces of legislation. I would say that usually in Quebec our labour law stands on its own, but, at the time, we saw some serious attacks against the union movement in Quebec, against unions that advance important issues. There were setbacks. We had to mobilize to counter these bills from the then Conservative government, and people remembered in 2015. I hope that it is not just the election campaign that is prompting the Conservative Party's sudden pro-labour stance. The Bloc Québécois has always been pro-labour. It is in our DNA. I think the member is sincere and her intention is sincere. Naturally, we will be supporting this bill.
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