House of Commons Hansard #308 of the 44th Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was rcmp.

Topics

Government Responses to Order Paper Questions—Speaker's RulingPrivilege

May 3rd, 2024 / 10 a.m.

Conservative

The Deputy Speaker Conservative Chris d'Entremont

I am now ready to rule on the question of privilege raised on April 8 by the member for Central Okanagan—Similkameen—Nicola, concerning the response to Question No. 1425.

Members will recall that the Speaker, having signed off on the response to this question in his previous capacity as parliamentary secretary, recused himself and requested that I rule on this matter.

In his intervention, the member for Central Okanagan—Similkameen—Nicola alleged that the response to his written question was contradicted by evidence given on April 5 by an official of the Privy Council Office to the public inquiry into foreign interference in the federal electoral process and democratic institutions.

The member disputed the response received to Question No. 1425, tabled on June 8, 2023, which indicated the Privy Council Office had not made any requests to social media companies to remove, edit or alter information in the media. The member claimed that providing misleading responses to written questions impeded members' ability to hold the government to account. He was supported in his claim by the member for Lethbridge, who argued that a similarly misleading response was provided to her written question, Question No. 1445.

The Parliamentary Secretary to the Leader of the Government in the House of Commons rejected the claim that the responses to the written questions were untrue or deliberately misleading, indicating that the government continued to stand by its responses. He emphasized that the Privy Council Office had not initiated the removal of an article from a social media platform. According to the parliamentary secretary, the article in question was flagged to the Privy Council Office by Facebook as violating its own community standards. On that basis, the article was taken down on the initiative of Facebook.

The parliamentary secretary therefore characterized the dispute as a matter of debate. Furthermore, he held that, consistent with prior precedents, the Speaker is not empowered to assess the quality of responses to written questions on the Order Paper.

To sum up, the members for Central Okanagan—Similkameen—Nicola and Lethbridge argued that the responses were inaccurate, whereas the parliamentary secretary stated that they were not.

In House of Commons Procedure and Practice, third edition, at page 529, a frequently used citation is referenced in decisions from the Chair with respect to members’ complaints about responses to written questions, which states:

There are no provisions in the rules for the Speaker to review government responses to questions. Nonetheless, on several occasions, Members have raised questions of privilege in the House regarding the accuracy of information contained in responses to written questions; in none of these cases was the matter found to be a prima facie breach of privilege.

Speaker Regan, in addressing a similar complaint on September 27, 2016, which can be found at page 5175 of the debates, put it succinctly, in stating, and I quote:

It has been long established and accepted that the role of the Speaker in such circumstances is tightly prescribed and limited.

I repeat these words because the Chair does not have the discretion to become some sort of arbiter as to the quality or accuracy of responses to written questions. As such, I cannot find a prima facie question of privilege.

However, as noted by many other Chair occupants, given the repeated complaints of members, it would perhaps be beneficial to re-evaluate the rules and processes surrounding responses to Order Paper questions. This being underlined, the Chair notes that, in 2004, the Auditor General was asked to review the process as it was at the time, and the Auditor General provided a certain number of recommendations to the government. It may be time to undertake a similar exercise to ensure that members can obtain the information that we require to do our jobs. I am sure we can all agree, as parliamentarians, that members are right to expect the government to answer questions in as fulsome a manner as possible.

I thank all members for their attention.

The House proceeded to the consideration of Bill C-20, An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments, as reported (with amendments) from the committee.

Speaker's RulingPublic Complaints and Review Commission ActGovernment Orders

10:05 a.m.

Conservative

The Deputy Speaker Conservative Chris d'Entremont

There is one motion in amendment standing on the Notice Paper for the report stage of Bill C-20. Motion No. 1 will be debated and voted upon.

I will now put Motion No. 1 to the House.

Motions in amendmentPublic Complaints and Review Commission ActGovernment Orders

10:05 a.m.

Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

moved:

That Bill C-20 be amended by deleting the short title.

Mr. Speaker, I am pleased to rise and lead off debate today on Liberal Bill C-20. This bill seeks to create an independent commission for the RCMP and for the CBSA to address complaints that the public may have about their treatment.

The Liberal government has been talking about the importance of getting the legislation passed for quite some time. I find it curious that similar legislation has died in two previous Parliaments. We certainly hope to see the legislation come through in this Parliament, because it has been far too long that this legislation has been allowed—

Motions in amendmentPublic Complaints and Review Commission ActGovernment Orders

10:05 a.m.

Conservative

The Deputy Speaker Conservative Chris d'Entremont

I have a point of order from the hon. member for New Westminster—Burnaby.

Motions in amendmentPublic Complaints and Review Commission ActGovernment Orders

10:05 a.m.

NDP

Peter Julian NDP New Westminster—Burnaby, BC

Mr. Speaker, why did the Conservatives move a dilatory motion to delay the legislation?

Motions in amendmentPublic Complaints and Review Commission ActGovernment Orders

10:05 a.m.

Conservative

The Deputy Speaker Conservative Chris d'Entremont

That is a point of debate.

The hon. member for Sturgeon River—Parkland.

Motions in amendmentPublic Complaints and Review Commission ActGovernment Orders

10:05 a.m.

Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Mr. Speaker, I will continue with my remarks.

It is vitally important that we debate the proposed legislation. As it came out of committee, there were numerous concerns that we, as Conservatives, raised in the amendments to the legislation; they were not addressed. Certainly, it is not enough to impede the legislation, but it is critically important that we have a debate on it and see it come through.

I find it curious that the NDP-Liberal government, which told us last fall how important it was to get the legislation passed, has dithered. The legislation came out of committee in November, and we have had months to bring it forward for third reading debate. Here we are in May, and the government has finally brought it forward. Therefore, we do not take it very seriously when the NDP-Liberal government talks about how important it considers the legislation to be, while it is only bringing it up in May.

Our RCMP and CBSA officers make incredible sacrifices, and we need to do the very best we can to ensure that they and their families are safe and protected. They are consistently putting their lives in danger every day. It is in the interest of the public, as well as the brave members of the RCMP and CBSA, that complaints be dealt with in a timely and efficient manner. This is crucial to guard against potential abuses of power and to maintain Canadians' trust in their agencies.

Canada has the largest undefended border in the world, and the lack of resources for the CBSA to perform its role to the fullest extent is seen in the rising crime in cities, such as Montreal and Toronto, and across the country. Illegal firearms are being smuggled through our porous border and used every day in horrific crimes. Even in rural areas, including in my riding, in towns such as Bon Accord, crime is on the rise after nine years of the NDP-Liberal government's soft-on-crime policies.

Unfortunately, it seems that the government is more focused on targeting law-abiding Canadian firearms owners and hunters than on fulfilling promises to implement a policy and provide resources for our border. There, we find rampant illegal activities, such as auto theft and gun smuggling; it is at a point where the fastest-growing export in this country is stolen vehicles.

At the public safety committee, we heard the Liberals continually attempt to distract from their miserable record on crime. Amidst this ongoing auto theft crisis that is impacting communities across the country, desperate Liberals have resorted to blaming car dealerships, small businesses, for the rise in car thefts. It is clear that they do not want to talk about the facts, and the fact is that auto theft has risen to unprecedented levels as a direct result of the Liberals' soft-on-crime agenda.

We can all agree that the proposed bill is important for maintaining public trust in the RCMP and the CBSA. However, we cannot have productive debates unless we discuss the tremendous strain that is currently being placed on our brave men and women. Our law enforcement agencies, much like the Canadian Armed Forces, are suffering from significant recruitment and retention issues. What exactly is the government doing to ensure that these brave men and women feel valued and supported in their role?

Of course, the public should have a right to an independent and effective complaints commission to hold the RCMP and CBSA accountable for their actions. However, when we are not providing the resources for frontline police officers, the CBSA and other first responders to do their job effectively, it is no surprise that we are seeing mistakes. Our law enforcement personnel are under tremendous pressure as they deal with the impacts of the crime wave that is occurring across this country. When mistakes happen in the line of duty, it is frequently because these exemplary men and women are being pushed to their limit, overwhelmed by the crisis the government has created.

In fact, the National Police Federation put forward very commonsensical amendments that it wanted to see in this motion. Its members are concerned because RCMP officers are often being pulled off the front lines to do bureaucratic paperwork and deal with complaints, when complains should really be dealt with by an independent commission. Unfortunately, the proposed bill has some flaws, because it would still maintain a requirement for extensive bureaucratic red tape for RCMP officers in providing information and supporting these investigations, which would pull our resources off the front line.

We want to see an independent commission that does its job and that is resourced and staffed. In this way, RCMP officers and CBSA officers could focus on the front lines and not the back lines.

Let us talk about drug use. Our law enforcement officers are expected to act as social workers. They are confronting daily crime and disorder that the government's drug policies have inflicted on our communities, and we know this is causing a mental health crisis within the ranks.

On violent crime, we have heard at the public safety committee that the chiefs are fearful for the safety of their officers, especially since violent offenders are able to continuously terrify communities as a result of the “bail, not jail” provisions of Liberal Bill C-75. It should come as no surprise that the government does not want to have these conversations. Its record on crime is miserable.

Since this government came to power in 2015, Canada has become a massive importer of illegal firearms from the United States, a massive exporter of stolen cars to Africa and to the Middle East, and also has become an exporter of fentanyl across the world. It is shameful. While implementing this soft-on-crime agenda, the Liberal government has taken very little action to ensure that the brave men and women who choose to serve their communities and their country feel supported and respected in their work.

Everyone who goes through a border crossing should be able to go without facing discrimination or unfair treatment by border agents. Bill C-20 would allow people who have had negative experiences and who feel that their rights have been violated to submit complaints formally and to have them reviewed within a six-month period. I think it is critically important that we talk about this six-month period because we have seen some cases that witnesses have brought forward, where people made complaints, and those complaints were not addressed for months, and in fact, some complaints were not addressed for years. In some tragic cases, the complainants actually passed away before they could get responses to their complaints, and we do not want to see that happen. Of course, sometimes it is unavoidable, but we need to set standards to ensure that these complaints are being dealt with in a timely manner.

Currently, CBSA is the only public safety agency in Canada without any independent oversight body for public complaints. Establishing an independent review body would foster and would enhance public trust and confidence in Canada's law enforcement and border services institution, which I think is something that we can agree is desperately needed in this country.

In closing, we know that the NDP-Liberal government has ignored its promises and has put off this critical legislation for years. It failed to deliver this important change; although, we hope this change will soon be delivered. It would help Canadians to renew their trust in our public safety agencies. It is a trust that I know many Canadians have, but when they see things like the police complaints commission not operating effectively or not being in existence in some cases, I think it causes some people to have some doubts about the transparency and accountability in the system.

How is it that so many Canadians had to face nothing but endless bureaucracy, when for years, we could have had legislation and a system to streamline the process for public complaints and could have established an oversight body for the CBSA?

The government has had plenty of opportunities to deliver and to fulfill its promises over these last nine years, but it failed to do so. If we have proven anything to Canadians it is that the promises of the NDP-Liberal government are just empty words, and years go by before any meaningful action or promise can be accomplished, if at all.

To perform their jobs effectively and to deliver the best possible service to Canadians, the RCMP and the CBSA require an efficient complaints process. While common-sense Conservatives are supportive of this effort, we believe that the Liberal government needs to do more to support our brave men and women in uniform who support our communities. My Conservative colleagues and I will continue to advocate on behalf of Canadians and to ensure that the highest standards are being met within the CBSA and the RCMP.

Motions in amendmentPublic Complaints and Review Commission ActGovernment Orders

10:15 a.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, it is truly amazing. On the one hand, the Conservative Party is trying to blame the government for not advancing the legislation, and on the other hand, it is the Conservative Party that is preventing the passage of the legislation. It is amazing how the member can stand in his place and be critical of us because of their behaviour.

Let us look at what the member is actually debating. Today, we are debating a motion to prevent the bill from passing because the Conservatives want to delete the short title of the legislation. It is a Conservative filibuster. They cannot criticize the government for not passing the legislation when they are the problem. The Conservative Party and its leadership do not want the legislation to pass. Does the member not see the hypocrisy in that?

Motions in amendmentPublic Complaints and Review Commission ActGovernment Orders

10:15 a.m.

Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Mr. Speaker, time and time again, this is what the NDP-Liberal government does. It holds its legislation until the last possible minute, and then it tells members of Parliament that we cannot have a debate on it. If we do want to have a debate on it, then we are filibustering the legislation. We cannot have that. In order to effectively represent the will of the Canadian people and in order to be effective parliamentarians, we need to have opportunities to debate this legislation.

The Liberal government has allowed this legislation to die on the Order Paper in two Parliaments. It allowed this legislation, which passed in committee in November of last year, to sit on the Order Paper and to not come to debate until May of this year. It is clear that the Liberal government is not taking this seriously. It does not want to have real debates in the House; it just wants to railroad its legislation through. Common-sense Conservatives will not allow that happen. We will stand up for our Westminster system of parliamentary democracy. We will stand up for robust debate in the House, and we will never apologize for that.

Motions in amendmentPublic Complaints and Review Commission ActGovernment Orders

10:15 a.m.

Bloc

Xavier Barsalou-Duval Bloc Pierre-Boucher—Les Patriotes—Verchères, QC

Mr. Speaker, we are currently debating Bill C-20, an interesting bill. My colleague said that he intends to vote in favour of this bill. My colleague opposite will also be voting in favour, and I think my colleagues to my left will do the same. I have a feeling that everyone is going to vote in favour of the bill.

Therefore, rather than talking specifically about Bill C-20, I will talk about something related to Bill C-20, which is how this government handles border control and customs management. Generally speaking, aside from Bill C-20, is my colleague satisfied with how the government is managing customs?

Motions in amendmentPublic Complaints and Review Commission ActGovernment Orders

10:15 a.m.

Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Mr. Speaker, we recently had shocking testimony at the public safety committee that the CBSA has not scanned any containers leaving the port of Halifax. We know that Canada's ports have become a haven for organized crime, shipping not only stolen Canadian property, primarily Canadian vehicles, but also drugs, which are being manufactured in Canada, all across the world. The fact that the current government has not given the appropriate resources to law enforcement and to the CBSA to do their jobs effectively, to protect Canadian properties and to keep our country from becoming a haven for organized crime is unacceptable. There is no excuse from the government.

The Liberal government has had nine years to fix this problem. It has risen by over 100%; car thefts are up over 100%, since 2015, under the NDP-Liberal government. It is unacceptable, and we are definitely not satisfied. We are going to fight to make sure that we fix our borders. We need to secure our borders to prevent Canadians' property from being exported abroad.

Motions in amendmentPublic Complaints and Review Commission ActGovernment Orders

10:20 a.m.

NDP

Peter Julian NDP New Westminster—Burnaby, BC

Mr. Speaker, I like the member, and I like working with him at the public safety committee. However, seriously, the CBSA cuts were done under the Conservative government. The Liberals have not fixed what the Conservatives broke, but the Conservatives broke it in the first place.

The reality is that we saw Conservatives filibustering this bill, Bill C-20, repeatedly at the public safety committee, for months. Every time we showed up at the public safety committee to actually go through the bill, we ended up going through some motion, another dilatory motion that was raised by Conservative members at the committee.

The reality is that we are debating, today, the deletion of the short title. The cost to taxpayers of the hours of debate around this Conservative fringe motion, which is only in place to delay this legislation, is going to be tens of thousands of dollars, and we would not get to third-reading debate, which I agree would be an important debate to have.

Will the Conservatives withdraw this dilatory motion to delete the short title so that we can vote on report stage and move on to third reading?

Motions in amendmentPublic Complaints and Review Commission ActGovernment Orders

10:20 a.m.

Conservative

Dane Lloyd Conservative Sturgeon River—Parkland, AB

Mr. Speaker, I do enjoy working with the member at committee as well. There are definitely opportunities for collaboration. I am a collaborative kind of MP, but this is part and parcel of what we have seen from the NDP-Liberal government. We have a New Democratic Party that is more aggressive about passing government legislation without proper review and debate than the Liberal government is. The NDP-Liberal government just wants to railroad things through.

We have to remember what happened last fall. Canadians wanted answers about Paul Bernardo's transfer from a maximum-security to a medium-security prison. The NDP-Liberal government refused to allow Canadians to get those answers. We, as Conservatives, were open to having even one meeting on this, but instead, the NDP-Liberal government was desperate to cover that up and desperate to not have a conversation. The government kept the committee dragged out for months so that Bill C-20 was delayed until November.

Motions in amendmentPublic Complaints and Review Commission ActGovernment Orders

10:20 a.m.

Liberal

Chandra Arya Liberal Nepean, ON

Mr. Speaker, I would like to start by recognizing and thanking those serving in the RCMP and the CBSA.

Today, we stand at an important moment in the evolution of Canada’s approach to law enforcement and to border security. With the introduction of Bill C-20, we commit to enhancing transparency, accountability and public trust in our institutions.

The creation of the public complaints and review commission, the PCRC, marks a significant advancement in our continuous pursuit of a fair and just society. Let us begin by acknowledging that the essence of law enforcement and border security relies not only on the enforcement of laws but also on the public's trust. Trust is hard-earned and easily lost.

Public trust in law enforcement agencies is fundamental to the stability and the effectiveness of legal systems worldwide. It ensures that citizens respect, obey and support the enforcement of laws, which is critical for maintaining public order and security. When the public trusts the police and other law enforcement bodies, they are more likely to co-operate with investigations, report crimes and adhere to legal directives, fostering a safer community for everyone.

Trust between the public and law enforcement also reinforces the legitimacy of the police in the eyes of the community. This legitimacy is crucial as it underpins the public's compliance with laws, without the need for coercion. People comply because they believe it is the right thing to do, not just out of fear of punishment. Moreover, high levels of trust in law enforcement correlate strongly with lower crime rates. Communities where trust is prevalent tend to have more positive interactions with police, which helps in effective policing and less violent confrontations.

Furthermore, trust in law enforcement is essential for upholding the principles of a civilized society, where justice is seen to be done and is carried out fairly. A lack of trust can lead to a breakdown in civil order, an increase in crime and the potential for civil unrest. Trust ensures a collaborative relationship between the community and the police, which is vital for developing strategies that effectively address local crime and safety concerns.

To maintain this trust, law enforcement agencies must operate transparently and accountably, demonstrating their commitment to justice and fairness in all their actions. The establishment of independent bodies that can oversee, review and investigate law enforcement practices, such as complaints against police conduct, also plays a pivotal role. These measures not only help to prevent abuses of power but also ensure that the public’s concerns are heard and addressed, thus maintaining the essential trust needed for a harmonious and civilized society.

In recent years, public trust in Canadian law enforcement agencies has experienced a noticeable decline. This trend has been influenced by several high-profile incidents involving police misconduct and the broader discussions around systemic racism within law enforcement. These factors have catalyzed public scrutiny and skepticism, prompting calls for greater transparency and accountability.

Restoring public confidence remains a significant challenge and an ongoing priority for Canadian authorities. The current status and trends in American law enforcement can influence Canadian attitudes towards our own police forces. The global nature of media and the Internet means that Canadians are often exposed to prominent news stories and discussions about American police practices, especially concerning issues of police brutality, systemic racism and accountability. High-profile incidents in the United States, such as the killing of George Floyd, have sparked international movements like Black Lives Matter, which also resonate strongly in Canada.

This exposure can impact how Canadians perceive our own police services, leading to increased calls for transparency, reform and accountability within Canadian law enforcement agencies. Even though policing practices and the legal framework in Canada are distinct from those in the U.S., the widespread media coverage of and societal reactions to American law enforcement issues can heighten public awareness and skepticism in Canada as well. Moreover, similar underlying issues, such as racial profiling and the treatment of indigenous peoples and minorities, are present in both countries, further aligning public concerns. As a result, the debates and reforms happening in the U.S. often act as a catalyst for similar discussions and changes in Canadian policing and public policy.

The public complaints and review commission, or PCRC, proposed under this bill would extend its oversight to the Canada Border Services Agency as well as address a long-standing gap in our law enforcement framework. For the first time, both these critical agencies, the RCMP and the CBSA, would be under the same umbrella of independent scrutiny. The government plans to invest $112 million to support the operations of the PCRC. This substantial financial commitment would underscore our dedication to building a robust mechanism that would serve Canadians long into the future.

One of the key features of the PCRC would be its enhanced accountability measures. We would introduce codified timelines that would require the RCMP commissioner and the CBSA president to respond to the PCRC's interim reports, reviews and recommendations within specified periods. This would address concerns about delays in responding to oversight findings and ensure actions are timely and transparent.

Moreover, the PCRC would play a crucial role in addressing systematic racism within our law enforcement agencies as the PCRC would also have a public education mandate. It would not only oversee and review the agencies but also inform and educate the public about the rights and the mechanisms available for redress.

Knowledge is power, and empowering our citizens is a crucial step toward a more engaged and informed community.

Another significant aspect of the PCRC would be its responsibilities in handling serious incidents involving CBSA personnel. This would include the ability to send observers to ensure internal investigations were conducted impartially. This measure would enhance the credibility of investigative processes and increase public confidence in the outcomes.

Furthermore, the PCRC would operate independently, but not in isolation. It would maintain a collaborative relationship with the National Security and Intelligence Review Agency to ensure that national security-related complaints were handled with the requisite expertise and confidentiality.

This legislation is about more than just oversight. It is about reaffirming our commitment to the principles of justice and equity, which Canada holds dear.

Motions in amendmentPublic Complaints and Review Commission ActGovernment Orders

10:30 a.m.

Conservative

Jasraj Singh Hallan Conservative Calgary Forest Lawn, AB

Mr. Speaker, the member brought up the word “racism”, and it makes me think about some of the things that have transpired under the government after nine years. We see more racism than ever all across the departments after nine years of the government, including in the immigration department. There was a report that came out in 2021, a Polaris report, that showed racism only went up in that department.

Since we are on the topic, I would like to get the member's take on the Prime Minister, someone who has done racist blackface. What are the member's thoughts on that and on the rise in racism under the government in all departments?

Motions in amendmentPublic Complaints and Review Commission ActGovernment Orders

10:30 a.m.

Liberal

Chandra Arya Liberal Nepean, ON

Mr. Speaker, I fully disagree that racism went up during the last nine years in our government.

What has happened is that there has been recognition of systemic racism. This has resulted in a higher number of complaints, which have been made public. Those have gone up. That is the reason we see an increase in the statistics.

Motions in amendmentPublic Complaints and Review Commission ActGovernment Orders

10:30 a.m.

NDP

Peter Julian NDP New Westminster—Burnaby, BC

Mr. Speaker, I always appreciate hearing the comments of my colleague. The reality is that, despite the Conservatives fighting tooth and nail to block this legislation, we are finally getting it through.

The problem is that the government has not adequately funded the commission for the work that needs to be done so these complaints can be handled in a timely fashion. This has been an ongoing problem. Repeatedly, at the public safety committee, witnesses came forward to talk about the lack of resources the government has put in. We heard from a wide variety of witnesses who wanted to have a functional commission that did an adequate job. That is not going to be possible if the government does not adequately fund it.

My question to my colleague is quite simple: Why will the Liberal government not adequately fund the commission so that it can do the important work it needs to do?

Motions in amendmentPublic Complaints and Review Commission ActGovernment Orders

10:30 a.m.

Liberal

Chandra Arya Liberal Nepean, ON

Mr. Speaker, our government has indeed made adequate funding provisions for the public complaints and review commission. We have committed about $112 million. This substantial financial commitment underscores our dedication to building a robust mechanism that would serve Canadians long into the future.

Motions in amendmentPublic Complaints and Review Commission ActGovernment Orders

10:30 a.m.

Bloc

Xavier Barsalou-Duval Bloc Pierre-Boucher—Les Patriotes—Verchères, QC

Mr. Speaker, I have a question for my colleague opposite, who seems quite proud of his government's track record. Bill C-20, in particular, talks a lot about the work of customs officers. From the testimony given in committee, something that seemed to crop up quite often was the whole issue of overwork and fatigue among customs officers.

Many of us remember the endless airport lineups to get through security and customs. When people are too tired, they sometimes make mistakes. They might go further than they should.

Does my colleague think that the lack of resources provided to customs officers could also have played a part in the mistakes they made? If his government had given them proper funding and the resources they needed, there would be fewer problems like the ones we are trying to fix through Bill C‑20.

Motions in amendmentPublic Complaints and Review Commission ActGovernment Orders

10:35 a.m.

Liberal

Chandra Arya Liberal Nepean, ON

Mr. Speaker, obviously, the workplace conditions, the working conditions, of all of the men and women in uniform should be included as required.

The member mentioned the delays at the airport, but at the same time, we have seen that the process of going through the airport has been smoother. Obviously, from time to time, depending on the season, depending on the particular day, there might be an overwhelming workload and the conditions have to be improved.

Motions in amendmentPublic Complaints and Review Commission ActGovernment Orders

10:35 a.m.

Liberal

Brenda Shanahan Liberal Châteauguay—Lacolle, QC

Mr. Speaker, I greatly appreciated the comments of my colleague regarding the empowerment of citizens to forward their complaints through this process. I would like to know his thoughts on how this complaints process would help the RCMP and the CBSA to better manage their affairs.

Motions in amendmentPublic Complaints and Review Commission ActGovernment Orders

10:35 a.m.

Liberal

Chandra Arya Liberal Nepean, ON

Mr. Speaker, this is a very important thing. The more complaints that are handled in a transparent way, the more the agencies, the officers and the executives there would feel accountable, and that is how this would work out.

Motions in amendmentPublic Complaints and Review Commission ActGovernment Orders

10:35 a.m.

Bloc

Xavier Barsalou-Duval Bloc Pierre-Boucher—Les Patriotes—Verchères, QC

Mr. Speaker, today we are debating Bill C-20, which deals with changes to the handling of complaints filed in connection with the level of service delivered by customs personnel or their possible misconduct.

I am pleased to have the opportunity to rise in the House for a second time this week, since I did have the opportunity to give another speech earlier in the week on the government's budget. I do intend to talk about the government's budget again, because it will bring me to Bill C-20. Members will soon see the connection.

The budget presented by the Liberal government this week was in fact historic. I say this because never before has a budget interfered so much in provincial jurisdictions or disregarded provincial powers to such an extent. In my speech, I criticized the government for not looking after its own jurisdictions and instead interfering in areas that are not under its responsibility. I also called out the Prime Minister for acting like the new self-proclaimed king. Perhaps he is inspired in part by his monarchist leanings and his somewhat theological view of Canada.

That being said, in the case of Bill C‑20 I must commend the government. That may surprise some people, but instead of always criticizing the government's bills, sometimes we have to acknowledge when they get it right. I am taking this opportunity to do just that. Obviously, once is not a habit and sometimes it is the exception that proves the rule. In this bill, there is certainly an exception. The exception is that the Liberal government is doing its job, it is minding its own business. It feels good to see a government staying within its jurisdiction. We would like to see more of that, I must admit. If that happened more often, this country might be better off. We are not going to deny it.

What exactly is Bill C‑20 all about? Sometimes ordinary people have to travel overseas. The vast majority of us have gone to another country. When we want to enter a country, the customs officers ask us all sorts of questions. How long are we staying? Where will we stay? Why are we here? They want to know if the travel is justified.

Customs officers work to try to prevent threats to national security. They want to know whether people are entering the country with good intentions, whether they are authorized to enter the country and whether their visit will be positive, rather than dangerous or threatening to the country. Customs officers do extremely important but also extremely sensitive work. That is why they are granted sweeping powers to ask us questions, search our luggage without a warrant or take us aside and detain us for a little longer. These are indeed considerable powers, which ordinary citizens may sometimes find intimidating. When they stand before a customs officer, most people always wonder whether they are guilty of something or whether they put something in their luggage that could be dangerous. Perhaps people do not have the right to bring lead pencils into that country. I am joking, but I think that members know what I mean. We never know the exact rules or all the laws of every country that we visit.

It is the same sort of thing for people who come here. Plus, there is an added challenge. People coming here often do not know what recourse they have against any abuses they might experience. They find themselves somewhat powerless in the face of a customs officer's authority. This authority is nonetheless a good thing, since the job of customs officers is ultimately to protect us from security incidents or, at the very least, from people who might break the rules and harm society's overall well-being by transporting dangerous objects.

For example, no one wants to see an individual pass through customs only to realize a little later that he is a member of an organized crime group and has come here to commit murder. Perhaps there are foreign agents infiltrating our country to exert undue influence, or people transporting drugs. These are all things we do not want to see happen. For these reasons, it is important that customs officers have the authority they need to do their job. However, situations can arise where these people abuse their power.

We hope that such situations are kept to a minimum whenever possible, but we know—considering the many cartoons about it—that some administrations in other parts of the world are less strict than our officers are here. We have almost come to expect to see abuses when we go through customs.

That is not what we want to see in the country where we live. We live in a western country, a G7 nation, that theoretically respects people's rights. In fact, ours is a country with a Constitution. Some well-known rights were enshrined in that Constitution by the current Prime Minister's father. Although we may disagree on these rights, or at least parts of them, we nevertheless hope that the people called upon to uphold the Constitution, once it takes effect, will respect it.

To digress just a little, that is also why we hope that this government will respect its own Constitution. When the government draws up budgets, it sometimes meddles in matters that are not its concern.

In the case of customs officers, these individuals are also government representatives, so they must remain above reproach as much as possible and as needed. When an officer opens someone's luggage and turns everything inside out, as customs officers are entitled to do, they are invading someone's privacy. Officers open people's suitcases and see what they wore the day before, whether they did their laundry and so on. These things can be a little uncomfortable. We always hope these procedures are carried out with respect for human dignity.

The same is true when an officer decides to search an individual. For example, a customs officer may decide to strip search someone to see if that individual has hidden prohibited items inside their body. Officers might even inspect that individual's genitals. No one wants customs officers to comment on anything like whether the person showered yesterday or how little they are interested in that person. They also should not say anything about the size, shape or colour of an individual. All of these things would be completely inappropriate in circumstances where the person being searched is in a vulnerable situation.

That is what Bill C‑20 tries to fix. Let us hope it is adopted. It is about recognizing that customs officers have rights and they need to enforce the law and protect society and the country. However, this power must also have limits and be regulated.

In the past, passengers could file a complaint. That recourse already existed. The problem is that a complaint about a customs officer or service was dealt with internally. It seemed like there was a lack of transparency or like there could sometimes be a certain form of institutional bias. For example, in my riding, we often heard people complaining about the noise and speed of the trains. They had to file their complaint with the company's police service. People felt like they were being jerked around. They file a complaint with CN's police service and CN is the one that is going to look into the complaint. The perception is that the complaint does not get treated the way it should.

That is what Bill C‑20 seeks to do. It seeks to ensure that, from now on, an independent body will have the authority to resolve complaints. If people want to go directly to the independent authority, then they can do so. They can also file their complaint the old way by submitting it directly to border services, where it will be addressed internally first. Later on, they can file an appeal with this completely independent authority, which will be run by civilians, not by former customs or RCMP officers. It will be the same authority that already exists and that independently handles complaints against the RCMP, the federal police service. It will do the same work, but with the name change, it will also be able to independently handle complaints about alleged abuse committed by customs officers.

I will close by saying that this is a constructive measure that will strengthen the public's confidence in the system. Most importantly, we need to ensure that customs officers, who do an exemplary job of performing very important work for our community, have the resources that they need. Even though this does not excuse inappropriate behaviour, we know that sometimes people can make mistakes when they are burnt out.

Motions in amendmentPublic Complaints and Review Commission ActGovernment Orders

10:45 a.m.

Liberal

Brenda Shanahan Liberal Châteauguay—Lacolle, QC

Mr. Speaker, I really appreciated my colleague's speech. I am very pleased to hear him acknowledge that the federal Parliament can do good things at times.

I am also very grateful that the member indicated that the work of customs officers and members of the RCMP is not easy. It is a very demanding job.

Does my colleague agree with me that what we really need is a more diverse workforce within both agencies? Does he agree that this will help us improve services to the public?