Public Complaints and Review Commission Act

An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments

Sponsor

Marco Mendicino  Liberal

Status

Second reading (Senate), as of June 11, 2024

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-20.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment, among other things,
(a) establishes, as a replacement of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police, an independent body, called the Public Complaints and Review Commission, to
(i) review and investigate complaints concerning the conduct and level of service of Royal Canadian Mounted Police and Canada Border Services Agency personnel, and
(ii) conduct reviews of specified activities of the Royal Canadian Mounted Police and the Canada Border Services Agency;
(b) authorizes the Chairperson of the Public Complaints and Review Commission to recommend the initiation of disciplinary processes or the imposition of disciplinary measures in relation to individuals who have been the subject of complaints;
(c) amends the Canada Border Services Agency Act to provide for the investigation of serious incidents involving officers and employees of the Canada Border Services Agency;
(d) amends the English version of federal statutes and orders, regulations and other instruments to replace references to the “Force” with references to “RCMP”; and
(e) makes consequential amendments to other Acts.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 11, 2024 Passed 3rd reading and adoption of Bill C-20, An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments
June 10, 2024 Passed Concurrence at report stage of Bill C-20, An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments
June 10, 2024 Failed Bill C-20, An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments (report stage amendment)
June 4, 2024 Passed Time allocation for Bill C-20, An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments

Report StagePublic Complaints and Review Commission ActGovernment Orders

June 4th, 2024 / 10 p.m.
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NDP

Leah Gazan NDP Winnipeg Centre, MB

Madam Speaker, it is such an honour to rise and talk about this subject matter, as much of what is happening with Bill C-20 relates to the calls for justice that came out of the National Inquiry into Missing and Murdered Indigenous Women and Girls.

Before I start, I have to honour the work of the member for Cowichan—Malahat—Langford, who is a true diplomat. He is able to work across party lines, even with parties that are not co-operative, to make things better for people. The member has been an ally for indigenous people and BIPOC people, who have formed the basis for the need for this piece of legislation.

I was not shocked when we heard stories from the member for Edmonton Griesbach. He spoke of the assault of a 10-year-old by the RCMP. The member for Edmonton Griesbach spoke about an incident in Manitoba where an indigenous woman was taken to a home to pursue a relationship, with the permission of the sergeant on duty. This is unconscionable. Also, although not the RCMP, the City of Winnipeg is under investigation for several deaths of mostly indigenous and Black people in Winnipeg. When people have that much power without oversight, there is a problem.

Let us not forget the history of the RCMP. Historically, the RCMP's purpose was to apprehend little children from their communities and ship them to and incarcerate them in residential schools. The whole history of the RCMP's relationship with indigenous peoples in this country has been marked with violence. In particular, indigenous women, girls and gender-diverse people have experienced excessive force, rape, beatings and sometimes death at the hands of the RCMP.

I find it shocking that the member for Saskatoon West, who has a high indigenous population in his area, is not standing up for his constituents. Turning a blind eye to systemic racism has resulted in the ongoing crisis of murdered and missing indigenous women and girls. There are often reports of total neglect and either overpolicing or underpolicing by police forces, as noted in calls for justice 9.1 to 9.11.

I have hope because I sit on the FEWO committee with women from across party lines who listen openly, can work through differences and spend time learning about matters that do not personally affect them. The fact that there are members of this House who do not see a need to protect all people in their community speaks to systemic racism and the racism even in the House of Commons.

I am glad that all members in the House are voting in favour of this bill, although games were played when members tried stalling and changing the short title. Supporting this bill is necessary.

I want to read comments from the Feminist Alliance for International Action about the RCMP. It said:

The evidence of systemic discrimination and violence against women perpetrated by the Royal Canadian Mounted Police is shocking, and it is growing. The RCMP’s culture of misogyny, racism and homophobia, identified by the Honourable Michel Bastarache in his report Broken Dreams, Broken Lives, affects not only the treatment of women who are employed by the RCMP, but also the treatment of the women whom the RCMP is intended to serve.

Canada cannot have a credible National Action Plan on Violence against Women, or a credible National Action Plan on Missing and Murdered Indigenous Women and Girls, until we confront the deeply entrenched misogyny and racism in the culture of the RCMP.

An independent, external review of the RCMP, its practices, structure and future, is needed now.

Some members do not see the urgency here, even though all members of this House have agreed to implement all the calls for justice, many of which relate to policing and the failure of police to act. Those were not my words. Those words came out of the Feminist Alliance for International Action.

I can tell members, as I am an indigenous woman in this country, that growing up, we were not taught that police were a safe place to go. We were not taught, should a loved one go missing, experience violence or be in situations of violence, that going to the police was safe. It is no wonder that in our study at FEWO about what is needed to implement a red dress alert system, one of the biggest calls is for overall oversight that is led by indigenous women, girls and 2SLGBTQQIA+ people. That includes police services. When we go missing, nobody looks for us, but certainly the RCMP officer in northern Manitoba looked for an indigenous woman in her jail cell, took her home and assaulted her. He found her there. That is why we need oversight.

Arguments about some good apples and some bad apples are not relevant. This system is not working the same for all people, particularly BIPOC individuals: Black, indigenous and people of colour. We deserve to be treated with respect by systems that have been put in place to protect us. However, the very systems that have been put in place to protect us perpetrate violence against us on our spirits, on our bodies and in the erasure of our lives when our loved ones go missing.

How can we see change? I am talking about “we” as an indigenous woman. How can we feel safe if the very systems that are supposed to be there to protect us instead rape us, hurt us, ignore us and disregard us? Whether it is on the front lines peacefully assembling with axes, chainsaws and guard dogs; walking in the streets going to our jobs; or being harassed and sexually harassed by police officers, we need oversight. I have experienced this, with police officers scoping me out on Facebook after I reported a car incident.

I am glad everybody in the House is supporting this bill. I want to thank the member for Cowichan—Malahat—Langford once again for his leadership and diplomacy in making sure that all people are treated with dignity and safety in this country.

Report StagePublic Complaints and Review Commission ActGovernment Orders

June 4th, 2024 / 9:50 p.m.
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Bloc

Christine Normandin Bloc Saint-Jean, QC

Madam Speaker, I rise on a point of order regarding relevance. My colleague has been speaking for about eight minutes. I would be curious to know his position on Bill C-20 because, unless I am mistaken, he has not yet spoken about the bill itself. I believe he has two minutes left to do so.

Report StagePublic Complaints and Review Commission ActGovernment Orders

June 4th, 2024 / 9:45 p.m.
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Conservative

Brad Redekopp Conservative Saskatoon West, SK

Madam Speaker, it is a pleasure to rise tonight to speak to Bill C-20, which is an act that would establish the public complaints and review commission. It would essentially replace the existing Civilian Review and Complaints Commission for the RCMP by creating an external body and then combining it with the Canada Border Services Agency, which at the moment does not have an independent review system at all. The bill would create a new review commission for both of those organizations. It would have certain rules, tools and procedures to deal with the issues that would typically come up in a review body.

There are many different things that can come up. For example, just a few years ago in Saskatchewan, there was a terrible, tragic incident on the James Smith Cree Nation, where Myles Sanderson murdered 11 people on that reserve just north of Saskatoon. A coroner's inquest was held, which, in the future, could be done by a commission like the one we are talking about tonight. In this case, it was done by a provincial coroner's inquest. The inquest was completed in January of this year, and I want to highlight a couple of the things it found.

For example, one of the findings was that the RCMP gives patrol officers access to the most current photos of people. In addition, the enforcement and suppression team provides a list of its 60 most-wanted targets to all Saskatchewan RCMP detachments. When a most-wanted person is affiliated with or is a member of a first nation, RCMP detachment commanders work with the first nation's leadership to advise them of the individual's wanted status. That is an example of the kinds of findings and outcomes that could come from a commission like the PCRC. This is important and useful work that is done when there are complaints.

One of the interesting things in that particular incident was that the perpetrator, Myles Sanderson, had a history of violent offences and had been recently released on parole, despite the prediction by the parole board that he was likely to reoffend regardless of his racial background. This is really important because a lot of the work that commissions like the proposed one end up doing comes from a lot of the crime that is happening, obviously. The tragedy that occurred because of someone who was released on parole but maybe should not have been is an example of the soft-on-crime Liberal policies that we are seeing in Canada these days.

In 2021, the Liberal government introduced Bill C-5, which essentially removed mandatory minimum sentences from all Criminal Code offences committed with a firearm, such as robbery, assault, break and enter and extortion, as well as drug crimes such as trafficking, production and selling. In addition, Bill C-5 replaced prison sentences with conditional sentences, which is house arrest, for crimes like sexual assault, kidnapping, arson for fraudulent purposes, assault causing bodily harm with a weapon and assaulting a peace officer causing bodily harm or with a weapon. Those are just some examples of types of offences for which prison was removed and conditional sentencing, or house arrest, was granted.

In 2018, Bill C-75 was introduced by the Liberal government. Essentially, it made it much harder to put someone in jail and, conversely, much easier to get out. That is the essence of Bill C-75. The problem with that, and what leads to much of the crime we are seeing, is that it takes away the consequences in many cases for criminals, so they lose their fear of punishment. I will give an example. Imagine a youth who is struggling and is a little down on his luck. We could talk about how the government has made life so expensive with its reckless spending that has caused inflation and its carbon tax that has caused grocery prices to get more expensive, but that is another conversation.

Imagine this youth who is struggling to put food on the table. He may live with five or more other people in a two-bedroom apartment. Again, the policies of the government have caused housing to be so expensive. Now imagine that a gang member or somebody in a criminal organization asks him if he wants to make $500 by stealing a car, and tells him he will never go to go to jail and that the worst case scenario is that he will get arrested and be released back into the community, but that there are really no consequences.

What is that youth going to do? There is a good chance they are going to take the opportunity because they need the money. This is a problem in our culture today, that the consequences of their actions, the punishment for doing crimes, has been lessened so much that it becomes a viable option for a person like the one in the example I have given. What do we see in our country? We see that violent crime is up. Since 2015, when house arrest, which I mentioned in the examples I gave, was brought in, violent crimes are up 32% nationally.

Now, just to focus in on Saskatoon a little, in 2023 there were 12 murders in Saskatoon, 10 of which, by the way, were in the riding I represent, Saskatoon West, where I live and work. I have lived there for a period of time, and I have experienced many of the things that people experience on the west side of Saskatoon, including having my bike stolen, having to deal with people outside my home and things like that. These are things that we get used to and put up with.

As I said, in 2023 there were 12 murders in total in Saskatoon. So far this year, up to the end of May, there have been 10 murders, all of them in the riding I represent. I will look at a few other numbers on arrests, and this is quite concerning. In Saskatoon in the first five months of this year, there have been 830 assaults, versus 742 all last year. Sexual assaults so far this year are at 120, versus 84 all last year. Weapons charges are at 250, versus 256 all last year. Abductions so far are at 17, versus 14 all last year. Robberies are at 147, versus 131 all last year. Break and enters are at 500 so far, versus 600 all last year. Vehicles broken into or stolen so far this year are at 1,000, versus 1,200 last year.

We are not bad people on the west side of Saskatoon, far from it, and it is not a bad place to live. It is a beautiful area. There are lots of nice houses and lots of nice neighbourhoods. However, because of the soft-on-crime policies that we are seeing from the government—

Report StagePublic Complaints and Review Commission ActGovernment Orders

June 4th, 2024 / 9:15 p.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Mr. Speaker, it is nice to see my Conservative colleagues clapping for me. That is really quite thoughtful.

I am very pleased to be rising in the House today to speak to Bill C-20 at its report stage. I just want to note that when this Parliament started, the 44th Parliament, I was appointed as the critic for public safety. Of course, this was one of the first pieces of legislation that I got to deal with as the critic and that was handled by the Standing Committee on Public Safety and National Security.

I just want to remind the House and the people watching this debate, that this bill has been a long time coming, not only in this Parliament but also in previous Parliaments. Just to give a sense of the timeline involved, this bill was first introduced way back on May 19, 2022. It received its second reading on November 25, 2022. However, it was not until November 9, 2023, a full year later, that the public safety committee completed its study of the bill and reported it back to the House. Here we are, on June 4, trying to get through the report stage of this bill, Bill C-20.

That needs to be noted because this bill, of course, is the result of many different people talking about the shortcomings of both the RCMP and the CBSA, is not only their shortcomings, but also the lack of an effective oversight and accountability mechanism. That has nowhere been more true than with the indigenous people who live in this land called Canada.

I first want to note that the riding I represent, Cowichan—Malahat—Langford, is served entirely by the RCMP. In my time as the member of Parliament for Cowichan—Malahat—Langford, which I have been fortunate to hold since 2015, I have developed a good working relationship with the RCMP, the North Cowichan/Duncan detachment and the West Shore. I know that the people who serve those detachments are doing it out of love for the communities, and I know they are going out and doing their best every single day. I know they are dealing with some very difficult circumstances.

Like many communities across Canada, my riding has not been untouched by the opioids crisis. We have a mental health crisis. I know that many of the RCMP officers are not only responding to those incidents as police, but also, often as the first responder, dealing with a mental health crisis or with someone who is close to an overdose. I do want to recognize the good work that they are doing.

I want to also recognize the good work of the people who staff the Canada Border Services Agency, who, right now, are involved in some very difficult negotiations with the Government of Canada regarding their hours of work and their pensions. Of course, these are the people who keep the borders of Canada safe. They do important work.

The public safety committee has been doing a big study on car thefts. The CBSA has an incredibly important role not only to examine the cargo coming in and going out of Canada, but also to screen the people coming here to make sure that everyone is a verifiable visitor and is here for the right reasons.

That being said, I do need to take note of something. My riding of Cowichan—Malahat—Langford is home to several indigenous communities. We really need to highlight that and need to underline it when we are talking about this bill, Bill C-20, because it is well known, in the history of this land called Canada, that indigenous people on this land have had a very troubled relationship with the RCMP. Just saying that sentence would, in fact, probably be a gross understatement. We have to keep that in mind.

I also want to recognize that, as a member of the NDP caucus, I am incredibly privileged to serve with three incredible and outstanding indigenous members: the member for Edmonton Griesbach, the member for Nunavut and the member for Winnipeg Centre. I want them to know that I rely on their counsel and their wisdom quite heavily. I also rely on the wisdom and the counsel of the indigenous people who live in my riding of Cowichan—Malahat—Langford. They not only inform me as a person, but also inform me in the work I do as their member of Parliament.

It is important that we underline those concerns because I think that forms a very important basis of why Bill C-20 exists and why the House of Commons is finally reaching a point where we are giving it consideration and hopefully sending it on its way to the Senate and soon to royal assent.

Of course, my riding has been no stranger to controversy. I have been its MP since 2015, and I would say that probably the biggest flashpoint between the RCMP and a number of protesters, many of them indigenous, happened in the summer of 2021 at Fairy Creek, which is one of the last untouched, old-growth reserves on Vancouver Island. People are quite rightly concerned with logging practices in the province of British Columbia and with the preservation of old growth, but there were some very serious concerns raised about the conduct of the RCMP during the protests at Fairy Creek. Given the reviews that happened after the fact, it makes a bill like Bill C-20 all that much more important. In fact, none other than the B.C. Supreme Court ruled that the RCMP's media exclusion zones and checkpoints at that time were unlawful, given that they unreasonably limited press freedoms and that the principal purpose of the injunction is to maintain public access to roads in the injunction area. Again, a lot of the conduct there was very questionable, and certainly for people who were on the receiving end, it was described as quite brutal.

However, this is now my third Parliament, and this has been an issue that has crossed all three of those Parliaments. I want to read from the report of the Standing Committee on Public Safety and National Security from the previous Parliament when it did its deep dive into systemic racism in policing. It reads:

Given the pervasive nature of systemic racism in policing in Canada, the House of Commons Standing Committee on Public Safety and National Security...has concluded that a transformative national effort is required to ensure that all Indigenous, Black and other racialized people in Canada are not subject to the discrimination and injustice that is inherent in the system as it exists today....

The Committee was told that accountability, oversight and transparency are critical to restore trust with Indigenous and racialized communities subject to systemic racism. Witnesses also emphasized the need for the collection of disaggregated race-based data to provide Canadians with an accurate picture of the impact of police practices and policies on Indigenous and racialized people.

I gave a pretty thorough speech on this bill at second reading, and I do not want to repeat the points I made at that time. However, I do want to note the important work that the public safety committee did on the bill and particularly on the important NDP amendments that were passed by the committee. I will quickly read through a number of them. They are: to ensure that there is proper union representation; to increase transparency and accountability; to ensure a reconciliation process with indigenous peoples; to expand the PCRC's investigative power; to increase transparency, to allow complainants a longer period to come forward to make a complaint; to ban the use of non-disclosure agreements to silence victims, to avoid intimidation and to allow the PCRC to know why complaints are being withdrawn, and so on and so forth.

I want to emphasize that this bill is incredibly important. We have heard repeatedly that the existing complaints process is not working and that we need something that exists outside the confines of the RCMP Act. Finally, for the CBSA, the remaining law enforcement agency that is under federal jurisdiction, we need to bring those two important agencies under the jurisdiction of this new PCRC.

To conclude, we are happy to offer our support to Bill C-20. It is about time that we got this bill across the finish line for important transparency and accountability for the people of Canada. I hope the Senate treats this bill with the urgency that the people demand of it.

Report StagePublic Complaints and Review Commission ActGovernment Orders

June 4th, 2024 / 9:10 p.m.
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NDP

Lori Idlout NDP Nunavut, NU

Uqaqtittiji, I understand that with Bill C-20, amendments were required to ensure that there were provisions related to the reconciliation process with indigenous peoples. I wonder if the member could respond to why it took amendments and why that process was not there when Bill C-20 was originally introduced. Why did it take NDP amendments to make sure they were included?

Report StagePublic Complaints and Review Commission ActGovernment Orders

June 4th, 2024 / 9 p.m.
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Liberal

Joyce Murray Liberal Vancouver Quadra, BC

Mr. Speaker, I would like to acknowledge that we are on the traditional territory of the Algonquin Anishinabe people.

Still before us we have Bill C‑20, an act establishing the public complaints and review commission. As my hon. colleagues know, this bill is of the utmost importance to Canadians. It establishes an independent review body for the Royal Canadian Mounted Police, or RCMP, and for the Canada Border Services Agency, or CBSA.

Members of the public, including members of indigenous and racialized communities, can turn to this body, the public complaints and review commission, if they have comments or complaints about their dealings with the RCMP or the CBSA. A robust civilian review system for both the RCMP and the CBSA is vital to ensure balance in our system between security and equity.

Bill C-20 has been extensively discussed, and relevant recommendations have been made. The government has taken these recommendations into consideration and is grateful for them. Since it was introduced in the House, the bill and the proposed new commission have been considerably improved.

I want to commend the work of my colleagues at the Standing Committee on Public Safety and National Security. In preparing this bill and adopting the changes contained in the version that is before us, the government and the committee have taken note of the opinions from indigenous organizations, civil liberties associations, police and customs unions, as well as universities.

Although the partners and stakeholders presented different viewpoints in committee, they were united in their desire to strengthen the accountability regime. I thank them all for taking the time to contribute to these important discussions and legislative provisions. Their points of view allowed the committee to build on the solid civilian review and complaints system that Bill C‑20 will create.

The committee adopted 46 amendments to the bill, based on what the committee heard from these stakeholders. These amendments addressed some key priorities for our government, such as diversity and inclusion, accountability, common sense and practical considerations.

Specifically, the committee made changes that respond to the recommendations made in the committee's report on systemic racism in policing. In particular, I would like to point out an amendment adopted to expand the commission's ability to collect demographic and race-based data on complainants so that the commission, and Parliament, more broadly, can identify incidents of systemic racism.

Although the bill already proposed that the commission be authorized to collect race-based data, the committee expanded on this proposal by ensuring that other demographic data would also be collected. This recognizes that the nature of systemic issues can be complex and change over time, and that it can be linked to a wide range of social, cultural and other factors. By gathering additional information on complainants, we will have a more complete picture of any potential systemic issues arising from the public's interaction with the RCMP or the CBSA.

This new power will also enable the commission to identify systemic problems in the application of the act and develop recommendations to respond to them. What is more, one amendment specifies that third parties can file a complaint with the commission on behalf of someone else. Bill C-20 already provided for the possibility of third parties filing complaints with the commission, but additional clarifications were made to eliminate any confusion about the possibility of filing a complaint on behalf of someone else.

This provision will also make it possible to ensure that complainants know that they can get help from people they trust when they have concerns. The RCMP and the CBSA often interact with vulnerable people, particularly people from indigenous or racialized communities, asylum seekers, people with disabilities and 2SLGBTQIA+ people. For reasons that include language barriers and distrust of law enforcement agencies, many of these individuals may be reluctant to file a complaint. In some cases, they may even be unable to proceed with the complaint process. In other words, with the additional clarifications, someone who is reluctant to file a complaint or who encounters problems that prevent them from following through with the process can have a third person file the complaint on their behalf.

Another change to the bill is that stakeholders can now ask the PCRC to conduct a specified activity review, or SAR. Also called systemic investigations, SARs are a second type of activity that the PCRC will undertake as part of its mandate. SARs will allow the PCRC to determine whether RCMP and CBSA policies, procedures and guidelines are adequate and appropriate. They can also help determine whether the agencies are operating in accordance with the legislation or ministerial directions. These reviews are essential because they help address systemic problems within the organization and help make positive changes by contributing to fair and equitable treatment for all.

By specifying that third parties can request SARs from the PCRC, the bill guarantees that the PCRC will be aware of their concerns about systemic problems in law enforcement. The government's goal is always to provide exemplary law enforcement services and border services. It expects all misconduct to be reviewed and handled appropriately by an independent civilian authority in a timely manner.

To sum up, Canada must offer uniform, fair and equitable treatment as well as an effective accountability mechanism, if applicable, for people who interact with the RCMP and the CBSA.

I encourage the House to move this bill through quickly. People need this treatment.

Report StagePublic Complaints and Review Commission ActGovernment Orders

June 4th, 2024 / 8:55 p.m.
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Bloc

Rhéal Fortin Bloc Rivière-du-Nord, QC

Mr. Speaker, it seems as though the member intends to support this bill. Although I am not a member of the Standing Committee on Public Safety and National Security, it is my understanding that the Conservatives filibustered during the study of Bill C-20.

That being said, I would like to ask my colleague whether his party really intends to make this issue a priority. If his party does take office in the next election a year and a half from now, can we expect the Conservatives to make this issue a priority? Will they make the proposed amendments to Bill C-20 and will they allocate the necessary funding to ensure that investigations can be conducted and completed in a timely manner?

Report StagePublic Complaints and Review Commission ActGovernment Orders

June 4th, 2024 / 8:45 p.m.
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Conservative

Earl Dreeshen Conservative Red Deer—Mountain View, AB

Mr. Speaker, it is an honour to rise and speak on behalf of the constituents of Red Deer—Mountain View.

First of all, I would like to simply speak to our RCMP, who have done such a great job. They have been neighbours and fellow coaches. They are the ones who run into emergencies when trouble comes, and I appreciate their commitment to the community. Certainly, as someone who has spent some time working with rural crime in Alberta, as one of the co-chairs of a report that we sent out, it is an honour for me to be able to speak to the other side of the issue.

Those of us who have been in this place for a long time also know that there are many cases that are referred to the Civilian Review and Complaints Commission, and we always hope that there are solutions that can help in that regard.

With the rise of hate-related incidents in Canada, we are now more in need of a strong police force than we were several years ago. Therefore, the need never faded; it has become much more pronounced. Considering that a rise in crime results in a growing need for police, we must take steps to hold law enforcement bodies to the highest standards while standing up for the security of Canadians. The public complaints and review commission, as it is proposed, is an overdue effort to carry out these objectives.

The commission would investigate complaints made by the public against the RCMP and the Canada Border Services Agency. In fact, this oversight was promised by the Liberals in 2015, and the government is now trying to ram it through one month before Parliament breaks. This comes after nine years in government.

I want to be clear in my support of the bill and its efforts to create the effective oversight of federal law enforcement agencies that Canadians expect, but I am disappointed that it has taken so long for the Liberals to follow through on their initial promise to Canadians. The Conservative Party supported the legislation in its previous iteration at each stage without amendments.

The Conservative Party believes in the dignity of our borders and ensuring that the CBSA is properly resourced in both manpower and equipment. The commission would grant explicit oversight over the Canada Border Service Agency and push the CBSA to be even more effective alongside the RCMP.

The current process by which the RCMP is held accountable to the public, along with the current lack of such a process for the CBSA, presents challenges that may undermine the public's trust in our law enforcement. We often speak of avoiding even the appearance of a conflict of interest when discussing matters of ethics. This matter is no different.

The National Police Federation made a submission to the House on Bill C-20, citing a number of disadvantages with the current way the RCMP is investigated by the existing Civilian Review and Complaints Commission, the CRCC, which often refers matters back to the RCMP for internal investigation. Some of these disadvantages include perceived bias of police investigating police, a lack of independence, a lack of transparency and reduced trust in our investigative process. With the lessons learned from the flawed implementation of the CRCC as a means of holding the RCMP accountable to the public, I am glad to see that the proposed legislation would move us in the right direction of a more independent means of oversight.

The CBSA is an important part of maintaining the integrity of our borders; however, as with any arm of the government, it must be held accountable to the public in a timely and efficient manner. With that in mind, I want to draw attention to two areas that are significant. I believe that aspects of the bill would lead us in the right direction, but I also believe that aspects of the bill are setting the commission up for failure.

I am happy to know that debate and discussion on the bill will continue as it moves forward. First, I want to go back to my earlier point, in which I illustrated the importance of avoiding the appearance of a conflict of interest in matters concerning law enforcement here in Canada. As of right now, it is true that there is no separate or independent apparatus designated to review civilian complaints lodged against the CBSA. This is deeply concerning, as it brings us right back to the same problem.

When border agents must investigate complaints internally, this presents the appearance of a conflict of interest and may undermine Canadians' trust in due process and the accountability of federal agencies. With a commission that will not consist of current CBSA members or agents, we would be able to largely minimize the risk of there appearing to be a conflict of interest when complaints of this nature are being investigated. In this way, we will be doing what we can to ensure Canadians' trust in our federal agencies remains strong. Establishing an independent commission that does not rely on the resources of the RCMP or the CBSA will also reassure taxpayers that the funding for these agencies is not being spent investigating wrongdoings against the public.

Conservative estimates of an average of 1,500 investigations per year, requiring 40 hours each, will cost taxpayers roughly 60,000 work hours, with no cost recovery mechanisms. On that note, I believe that this proposed legislation is taking us in the right direction. However, I also believe that more discussion needs to be had on the nuances around the structure of this commission and the delegation of tasks. Making note of the latter of those two things, I would be interested in seeing discussions around how we can ensure that the resources of the commission are deployed efficiently. I especially wish to highlight this point, as the Canadian Bar Association wrote this in their submission on Bill C-20: “It seems inevitable that as the Commission's workload increases, delays will grow.”

This brings me to my next point, which is around the glaring omission of a maximum delay for the commission to resolve complaints. In its current form, Bill C-20 places the onus to set resolution timelines on the commission itself. While I can understand why this language was chosen, I'm also concerned with the statements raised by the Canadian Bar Association, which I mentioned earlier. It seems like common sense to think that, as we consolidate the duties of investigating both the RCMP and the CBSA into one commission, the workload of the commission will increase. In its submission on Bill C-20, the Customs and Immigration Union said, “we fear an investigation could take years to complete, which is neither fair to the employee under investigation nor to the complainant.”

Ambiguity in the resolution timeline of these cases, especially in the most egregious of complaints, is a disservice not only to Canadians but also to the future commission. Setting out concrete timelines in which every step of the complaint process is accounted for will show that our government is taking our responsibility to Canadian taxpayers seriously. It will also show our commitment to the RCMP and CBSA officers and agents who work tirelessly to serve Canadians by maintaining our domestic security and the integrity of our borders. These are necessary considerations that must be discussed and debated as consideration of the bill continues. While I do support the bill, I believe more work needs to be done to address the matters I have raised so far.

Let me be clear: With the reckless use of time allocation and programming motions by the NDP-Liberal government, the Conservative Party is doing what it can to ensure that proper debate takes place on critical government bills. As we pass legislation to improve the lives of Canadians, we must exercise caution so that we do not make matters even worse. When bills are not afforded adequate time for debate here in the House, we risk missing the observations and voices of Canadians, which may prove to be consequential in our discussions around shaping the federal policies of this nation.

It is our unique responsibility to ensure that the proceedings here are conducive to fostering an environment in which open debate can always be had. Canadians look at us in our roles as members of Parliament and how we navigate discussions in which we may have differing opinions. It is important that we continue to ensure that we have ample debate on proposed legislation, showing Canadians that we take this responsibility seriously.

Report StagePublic Complaints and Review Commission ActGovernment Orders

June 4th, 2024 / 8:30 p.m.
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Liberal

Parm Bains Liberal Steveston—Richmond East, BC

Mr. Speaker, I thank the member for the shout-out; the chair of the mighty OGGO is here to witness this.

I am very pleased to rise today to speak to Bill C-20, which would establish a public complaints and review commission for the Canada Border Services Agency and the Royal Canadian Mounted Police. Both the RCMP and the CBSA are critical organizations that protect the security of Canadians. While carrying out their mandates, employees of both organizations are quite literally on the front lines.

The employees work around the clock to ensure Canada's security each and every day, and to achieve this mammoth task, they are entrusted with significant powers. Among others, these powers include the ability to use force, to search and to detain individuals. They are essential to the safety and security of the public. That said, equally essential is the need for independent review of these activities to ensure that the RCMP and the CBSA are transparent, and accountable to the population they serve and to Parliament.

The adoption of Bill C-20 would provide for increased accountability and transparency of the RCMP and the CBSA. This would be done through the establishment of an enhanced mechanism for independent review of these organizations. The RCMP already has an external review body in the form of the Civilian Review and Complaints Commission, CRCC. Bill C-20 would build on the CRCC through the establishment of the public complaints and review commission, PCRC.

The PCRC would serve as the external review body for the RCMP, but would have enhanced power to fulfill this mandate. The bill would, at long last, also provide for independent review for the CBSA, which currently does not have an independent review mechanism. It would do so by giving the PCRC an additional mandate to serve as the review body for the CBSA. The PCRC would do that using the existing knowledge, processes and expertise of the CRCC, and expand them to include the CBSA.

We have been talking about evidence-based steps to get here since 2015. We established the National Security and Intelligence Committee of Parliamentarians that reviews the work of national security and intelligence agencies. As part of that consultation, we examined how well existing oversight and review bodies function. We also sought answers about what sort of independent review would be needed for agencies that do not currently have an independent review, such as the CBSA.

As we know, effective civilian review is central to the rule of law and maintaining public confidence and trust. Bill C-20 embodies that concept. It would respond to a long-lasting need for independent review of the CBSA and improve RCMP review. It seeks to ensure that both the RCMP and the CBSA continue the work to transform their culture, and to enhance transparency and accountability, as well as equity, diversity and inclusivity.

Bill C-20 would provide an avenue to ensure the public is able to have its complaints about the conduct and level of service of RCMP and CBSA employees reviewed by an external body. It would also provide an avenue to identify and investigate systemic issues within Canadian law enforcement.

Today, I wish to concentrate on how this bill would help us as parliamentarians contribute to enhanced accountability and transparency of the RCMP and the CBSA. Bill C-20 does that through the establishment of a series of additional and enhanced reporting requirements, and accountability measures for the PCRC, the RCMP and the CBSA. These measures would ensure that parliamentarians in both chambers are equipped to monitor the state of the complaint and review process, and to hold the Minister of Public Safety to account in relation to complaints and systemic review.

Bill C-20 would do so by enhancing PCRC recommendation-making powers of the PCRC, as well as establishing annual reporting requirements for the RCMP and the CBSA. By clearly showing parliamentarians which PCRC recommendations have and have not been implemented by the RCMP and the CBSA, this would strengthen the accountability to Parliament of the minister, and through the minister, of the RCMP's and CBSA's deputy heads.

As mentioned by my colleagues, the bill would also establish defined timelines to ensure swift responses and decisions throughout the review process. These include codified timelines for the RCMP and the CBSA to respond to PCRC reports, systemic review and recommendations. The PCRC would receive the information it needs promptly and include it in its annual report to Parliament.

The bill would also equip Parliament with an ability to identify allegations of systemic racism and other systemic discrimination in policing by requiring the PCRC to collect and publish demographic and race-based data on complainants. Stakeholders, including police chiefs, have long called for such information to be collected as it is essential to the development of responses to systemic issues in the criminal justice system.

Bill C-20 would also establish a statutory framework for CBSA responses to serious incidents currently provided for in an internal policy only, so that the PCRC would be informed on the nature and responses to serious incidents involving the CBSA, such as death in custody. This would take place through a requirement for the PCRC to report on the number, types and outcomes of serious incidents as part of its annual reporting.

For the first time, parliamentarians and the Canadian public would be informed of serious incidents that involve CBSA officers, including incidents involving immigration and detainees. The PCRC would retrieve this information through requirements for the CBSA to notify and provide information to the PCRC when serious incidents take place and permit the PCRC to send an observer to assess the impartiality of the CBSA's investigations.

Through enhanced reporting to Parliament, Bill C-20 would help to ensure our border services and national law enforcement agencies remain world class and are worthy of the trust of Canadians.

On this note, I also want to thank the Standing Committee on Public Safety and National Security for its important study of the bill. Its amendments have served to reinforce the reporting requirements I just noted. Among others, I would want to highlight a government-introduced amendment that would set the time period allowed for the PCRC to submit its annual report to Parliament. The extension of this timeline would give the PCRC sufficient time to analyze the annual reports of the RCMP and the CBSA and give the commission the ability to comment on these reports as part of its own annual reporting to Parliament.

SECU also made an amendment that would ensure the PCRC would include the number of complainants it refers to NSIRA in its annual report. This would give parliamentarians and the Canadian public a look into how the work of these two reviewing bodies intertwine. I encourage all members to join me in supporting Bill C-20 today.

Report StagePublic Complaints and Review Commission ActGovernment Orders

June 4th, 2024 / 8:25 p.m.
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Conservative

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Cariboo.

The Liberals made this a campaign promise in 2015, yet here we are in 2024, and it is only now being passed. This bill, Bill C-20, seems to have broad support. I just wonder if the member could give her perspective as to the reason that it did not get passed, say, in the 42nd Parliament or in the 43rd Parliament, obviously due to prorogation.

Does the member believe the bill is the priority that the government says it is, given that timeline?

Report StagePublic Complaints and Review Commission ActGovernment Orders

June 4th, 2024 / 8:25 p.m.
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Bloc

Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC

Mr. Speaker, I thank my colleague for his kind words.

It is important to point out that there is already a system for handling complaints internally. There is no requirement for public disclosure, however, which allows for the possibility that complaints may not always be handled objectively and without bias.

The union even came to tell us that it would be a good thing. Yes, it is good for the public, but it would also be good if officers themselves could file complaints against their superiors. Apparently it is complicated to do it through the internal process. Obviously, this will promote public trust, or at least, I hope it will.

Earlier on, my colleagues were talking about funding. We need to make sure that the commission is properly funded so that all complaints are processed and people receive a response. Sometimes, the process seems long and arduous, and people might think that a response will never come. If someone has a bad experience, and on top of that, they get no response to their complaint, their trust in the institution will suffer. That does not encourage trust in the CBSA.

I really hope that Bill C‑20 will help improve public trust in the government authorities in charge of public safety.

Report StagePublic Complaints and Review Commission ActGovernment Orders

June 4th, 2024 / 8:15 p.m.
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Bloc

Kristina Michaud Bloc Avignon—La Mitis—Matane—Matapédia, QC

Mr. Speaker, Bill C‑20 is the second bill that I had the chance to work on at the Standing Committee on Public Safety and National Security since I first joined it in 2020. First there was Bill C‑21, which we talked about a lot here, then there was Bill C‑20.

Many people have talked about the timing of the study of this bill. It has been a long process. The bill was introduced in the House on May 19, 2022, more than two years ago. As some colleagues mentioned, before Bill C‑20, there was Bill C‑3 during the 43rd Parliament, and Bill C‑98 during the 42nd Parliament. Both of those bills died on the Order Paper simply because the government chose not to prioritize them.

That is basically what happened with Bill C‑20 as well. It took a very long time to get to second reading in November 2022, six months after the bill was first introduced. The bill was then referred to the Standing Committee on Public Safety and National Security, where, once again, it took a very long time, another six months, before it could be studied. The government obviously bears some responsibility for these long delays, but the Conservatives also played their favourite game in parliamentary committee, specifically slowing down the work under the pretext of having another priority. There are always other priorities.

The study of Bill C‑20 was therefore delayed by many hours. In fact, we lost several meetings over several weeks. The committee was finally able to begin its study before the summer, so members could hear from the minister, public servants and various witnesses. However, right when the committee was about to begin clause-by-clause consideration, it suspended its work for the summer. When the committee returned in the fall, the same thing happened and parliamentary business was delayed for various reasons. It was not until six months later that the bill came back to the House of Commons, which brings us to third reading today.

I am going over these events to show those who might be following our work that the process of studying and amending a bill can be long and sometimes arduous.

That said, the Bloc Québécois still managed to help improve this bill, and that is what I am going to talk about this evening.

It is worth noting that there is still no external review commission to address public complaints against the Canada Border Services Agency. There is one for the RCMP, but not for the CBSA, which is the only federal security organization that does not yet have a review commission associated with it. However, 20 years ago, Justice O'Connor recommended that an independent process be created to handle public complaints against the CBSA. This issue dates back to 2004.

Bill C‑20 finally corrects this situation. Victims of the CBSA, and they do exist, have been waiting for this bill. As with any organization, abuses of power can happen, and some people have indeed been the victims of such abuses. They have been contacting us and asking to meet with us ever since the bill was introduced two years ago. They want to help us improve the bill. For them, the process has been very long, and I salute them today. As my colleague mentioned earlier, it is a little ironic that this evening's debate is subject to time allocation, as if time is suddenly running out. However, I do hope that we will see the process through to a successful conclusion and pass this bill quickly.

As we know, the CBSA has certain powers. These powers are fairly significant, such as the power to detain and search Canadians or deport people. Cases of misconduct have been reported in recent years. One that comes to mind is the case of Maher Arar, a dual Syrian and Canadian citizen who was arrested during a layover in New York City on his way back to Canada. I have talked about him in this place before.

In January 2020, the Privacy Commissioner of Canada found significant flaws concerning searches of travellers' electronic devices. Documents released around 2017 or 2018 mentioned complaints about racist or rude comments about clients or travellers. They also noted allegations of sexual misconduct. I would remind the House that the number of investigations into misconduct by border officers increased during the pandemic even though the number of international trips had decreased. The misconduct primarily involved giving preferential treatment or showing disrespect toward clients by making inappropriate comments about people, as I was saying. Other border services officers abused their authority and shared private information about the CBSA.

It is not just Canadians and travellers from this country who can be victims of the CBSA. Immigrants and refugees can also be targeted. The Canadian Council for Refugees came to committee to share what it would like to see improved in this bill. It should be noted that people who do not have permanent status in Canada are often extremely reluctant to file a complaint because they fear that it will be used against them and might hurt their chances.

When something goes wrong during a person's removal, it can be difficult for the person to lodge a complaint and go through the process, as it can sometimes be complicated given that they are outside the country. That is why the Canadian Council for Refugees told us that it would be good if organizations could bring forward third party complaints on behalf of people who, for various reasons, are unable to do so.

The government had not included this in the bill. That is why the Bloc Québécois tabled several amendments to this effect, which were fortunately adopted. Thanks to these amendments, third parties will be able to reviews of specified activities, file complaints and help citizens file complaints. Thanks to the Bloc Québécois's additions, they will also be notified if there is a refusal to investigate and will be informed of the reasons for decisions. This is a major improvement over the original bill.

It is important to note that many people who are mistreated by the CBSA are unlikely to file a complaint, as I said, sometimes because their status is not secure or because they fear consequences or reprisals. It may also be because of language barriers or problems accessing a computer or the Internet. In short, non-governmental organizations, such as the Canadian Council for Refugees, are well placed to file complaints on behalf of individuals. Some individuals may simply prefer that the organization with which they have established a relationship of trust file the complaint on their behalf.

Also, given that organizations work in this field and obviously see quite a few situations of this nature, they are well placed to identify and act on problematic patterns. If they have several examples of the same situation, a complaint about a pattern of behaviour may be more viable than an individual complaint about one person. This way, they can provide stronger evidence that there is a problem. Thanks to the Bloc Québécois amendment, organizations will be able to act as third parties, which is extremely valuable.

Essentially, the bill creates the public complaints and review commission. It will be made up of civilians who are not former members of the RCMP or the CBSA. It was very important that this be included in the bill. However, there was nothing in the bill to say that the members of this commission should reflect the diversity of society. We therefore tabled an amendment to ensure that would be the case. It was actually a recommendation from the Civilian Review and Complaints Commission for the RCMP, which already exists and has experience in handling complaints. It said that it was important for the people who sit on the commission to reflect the diversity of society. The Bloc Québécois therefore got this amendment adopted.

Other changes were made. The proposed subsection requiring that the commission be satisfied that sufficient resources exist for conducting the review of a complaint has been removed. There were concerns that the underfunding of the organization would be used as an excuse to avoid reviews. Witnesses told the committee that underfunding is common. This clause was like a loophole in the bill that would allow the commission to refuse to deal with complaints. However, we are confident that the government will properly fund its organizations, including this new commission, and that the commission will not be able to hide behind this aspect in order to avoid handling complaints.

We also added the requirement that a copy of communications be sent to the complainant's legal representative, because that was not the case previously. If the victim was the only person who could file a complaint, there would be no legal representative involved. That part was therefore added, which was a request from the Quebec Immigration Lawyers Association.

Some aspects pertaining to the refusal to investigate were changed thanks to amendments proposed by the Bloc Québécois. We proposed allowing the commission some room to manoeuvre. Now it may refuse to deal with a complaint, instead of being forced to refuse to deal with it, if other recourse is available to the complainant. These are small adjustments, small additions, that may make a big difference for victims of the CBSA.

We hope that these people's voices will be heard, that their complaints will be addressed in the most neutral and objective way possible and that they will get justice. Obviously, we hope that this bill is passed quickly.

Report StagePublic Complaints and Review Commission ActGovernment Orders

June 4th, 2024 / 8:10 p.m.
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Bloc

Rhéal Fortin Bloc Rivière-du-Nord, QC

Mr. Speaker, the Bloc Québécois obviously supports Bill C‑20, but we have to wonder. Neither of the two former bills C‑3 or C‑98 were prioritized by the government, so they died on the Order Paper.

The next election campaign is fast approaching. Next winter will be the last before the next election. Can my colleague assure us that, this time, her government will make this bill a priority and modernize the way that the CBSA and the RCMP process complaints?

Furthermore, we cannot overlook the need to review the funding of these organizations. There is no time to address existing complaints because the number of complaints is growing, in part due to high immigration levels. Will the government provide the funding needed to process these complaints in a timely manner?

Report StagePublic Complaints and Review Commission ActGovernment Orders

June 4th, 2024 / 8 p.m.
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Pickering—Uxbridge Ontario

Liberal

Jennifer O'Connell LiberalParliamentary Secretary to the Minister of Public Safety

Mr. Speaker, I am pleased to speak to Bill C-20 in this place.

This bill is incredibly important, as it would enact a new stand-alone statute to establish the public complaints and review commission, or PCRC, as an independent civilian review body for both the RCMP and the Canada Border Services Agency. For the first time, both these law enforcement agencies would fall under the scrutiny of an external review body. The bill would also bring about enhanced reporting mechanisms, improving our ability as parliamentarians to hold the Minister of Public Safety to account in relation to complaints and systemic reviews.

I urge my hon. colleagues to adopt this bill without delay. It responds to long-standing, unfulfilled commitments from the government's first mandate to introduce legislation to create a review body for the CBSA. Indeed, Bill C-20 follows three previous attempts to fill this gap. Now is the time for us to make sure that Bill C-20 passes the finish line. Robust, independent review of our law enforcement agencies is essential to public trust and the rule of law, and central to our role as parliamentarians in holding to account the Minister of Public Safety through his reporting to Parliament.

Bill C-20 is an effort to foster trust between Canadians, the RCMP and the CBSA, and it would do so by providing greater transparency and accountability. Adoption of this bill would be timely, as there has been a notable erosion of trust in Canadian law enforcement agencies. There are many reasons for this, but the erosion has largely been influenced by several recent events involving law enforcement misconduct. The erosion of trust is also the product of broader discussions around systemic racism within law enforcement. A public opinion survey from 2022 found that only one in three Canadians agreed that the RCMP treats members of visible minority groups fairly or that it treats indigenous people fairly. CBSA and RCMP officers are entrusted with broad powers, and Canadians expect and deserve assurances that these powers are not abused or misused. They expect and deserve assurance that any allegations of misconduct will be reviewed and redressed when warranted.

As lawmakers, we have the power to restore public confidence in our law enforcement agencies in order to sustain our country's peaceful and civilized society. Under this legislation, we would ensure that Canada's two largest law enforcement agencies are required to demonstrate their ongoing commitment to justice and fairness in all their actions. Through the establishment of the new independent review body, they would also need to be transparent with the public about their powers and their integrity in exercising these powers.

As I mentioned, Bill C-20 responds to calls from the public for greater transparency and accountability from Canada's law enforcement agencies. The PCRC would replace the existing Civilian Review and Complaints Commission for the RCMP and extend its mandate to the CBSA with increased accountability and tools at its disposal. Complainants and eligible third parties would now have access to an external body that could independently initiate, review and investigate RCMP- and CBSA-related complaints as they relate to conduct and/or levels of service.

In general, the PCRC would first refer the cases to the RCMP or the CBSA for initial investigation, to ensure accountability remains first and foremost on these agencies. If an individual is not satisfied with how the RCMP or CBSA handled the complaint, they could ask the PCRC to review it. At the end of the PCRC investigation, the review body would report its findings and make recommendations. Tracking these recommendations and their implementation by the RCMP and the CBSA would better allow us to hold the minister to account.

Further, the bill would allow third parties to submit complaints to the PCRC. Vulnerable individuals are sometimes reluctant to file a complaint or may be unable to proceed with the complaints process, because of language barriers, distrust of law enforcement or other reasons. In some cases, a complaint against the CBSA may come from someone who is detained in a CBSA facility.

The inclusion of third parties would provide for greater representation from individuals who may be reluctant or unable to complete the complaint process. This would make the PCRC accessible to a greater number of individuals who interact with the RCMP and the CBSA, including migrants detained in immigration holding centres and provincial facilities or in any future designated immigrant stations as proposed in Bill C-69.

There is a second type of review that the PCRC could undertake as part of its mandate, and that is the conduct of specified activity reviews, or SARs, on the PCRC's own initiative, at the request of a third party or by the Minister of Public Safety. Also called systemic investigations, SARs would allow the PCRC to identify systemic issues and develop recommendations around policies, procedures or guidelines relating to the operations of the CBSA and the RCMP. These investigations would provide the PCRC with the tool to identify broader concerns in Canadian law enforcement and to contribute to solutions to address them.

In contrast to its predecessor, Bill C-20 would also provide PCRC with enhanced tools to fulfill its complaints and review mandate. First, it would establish the PCRC under stand-alone legislation to reinforce the commission's independence from the agencies it reviews. To further increase accountability, the bill would also create codified timelines for the RCMP commissioner and the CBSA president to respond to the PCRC's interim reports, reviews and recommendations. This would help deliver on some of the recommendations made by the Mass Casualty Commission with regard to creating more transparent reporting of federal law enforcement agencies.

In addition, deputy heads of the RCMP and the CBSA would be required to submit an annual report to the Minister of Public Safety to inform them of the actions taken in response to the PCRC recommendations. Annual reports would be tabled in both Houses, allowing for parliamentary scrutiny, which would further strengthen the accountability process. To facilitate the identification of and contribute to the government's efforts to address systemic issues around vulnerable populations, the PCRC would be required to collect disaggregated demographic and race-based data of complainants.

The bill would seek to improve law enforcement's interactions with the public by mandating PCRC outreach activities, including with indigenous or racialized communities, and raise awareness of people's right to file a complaint.

I think the legislation is crucially important. All members at the committee stage and all parties represented have had the opportunity to put forward amendments and work collaboratively with us. With respect to the arguments around its timing to get here, if members truly believe the legislation is needed and important, then they should vote with us to ensure that it passes quickly.

Report StagePublic Complaints and Review Commission ActGovernment Orders

June 4th, 2024 / 7:45 p.m.
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Conservative

Alex Ruff Conservative Bruce—Grey—Owen Sound, ON

Mr. Speaker, I was cut off during my last speech on Bill C-20, which was my first time debating the bill. It now, unfortunately, has been time allocated. I am a big believer that all members of Parliament should at least have the opportunity to debate one stage of a bill, as it goes through the parliamentary process, to represent our constituents and express any concerns or support for said bill.

As was pointed out in the time allocation motion debate a little while ago, this is, unfortunately, the third attempt to pass this bill. It was Bill C-98 in the 42nd Parliament, which died on the Order Paper when that Parliament ceased to exist. In the 43rd Parliament, it was Bill C-3, but it died when the Prime Minister called the unnecessary election, which he called despite having voted a couple of months before the election against doing that.

Ultimately, Bill C-20 has been kicking around for almost two years now. It came out of committee last fall and was only brought forward here last month. My last comment in the first two minutes of my speech was that I was looking forward to finishing this speech when it became a priority for the government again. Lo and behold, it only took it a month this time to make it a priority and now the government has decided to time allocate it.

What is this bill about? There are two fundamental things. It is renaming the existing review body, which already exists for the RCMP, but now it would be expanded to cover the Canada Border Services Agency, too. This is important because currently the CBSA is the only public safety agency in Canada without an independent oversight body for public complaints. Establishing this independent review body would foster and enhance public trust and confidence in Canada's law enforcement and border services institutions, something we can agree is desperately needed. It is just disappointing that it has taken this long.

The first of the concerns I heard, and I know this was brought up when it was being studied at committee, was a lack of consultation. There is also the concern over the qualifications or experience required for these Governor in Council appointed commissions, which is an oversight. The third concern is the potential lack of independence for access to the information, and the final concern I have heard is with the lack of a mandated review period. I am only going to have time to address part of this in my remaining few minutes. I really want to focus on the lack of consultation because it is clear that these crucial conversations did not take place.

Various stakeholders, including indigenous chiefs and the National Police Federation, which represents the RCMP, flagged various problems with the bill. Most importantly, they felt the current framework, which relies on the RCMP to investigate itself, is insufficient and does not inspire public trust in the process. Bill C-20 does not fully address this as the new complaints commission would still rely heavily on RCMP resources, meaning that it would not be truly independent. Conservatives tried to move various amendments to increase the independence at the committee stage, but it was clear that there was no will from the other parties.

Another issue, raised by the CBSA union, was the need for remuneration for back pay for officers who had been suspended when an investigation ultimately deems them innocent. This is a major oversight in the bill, which common-sense Conservatives advocated for. Particularly in the midst of this cost of living crisis created by the Prime Minister, it seems especially cruel to punish these officers. As one stakeholder said, “When the allegations are not founded and it's found that there was no wrongdoing, we're told to file a grievance to recuperate the lost salary. It's devastating to people. You're right—I really don't know anyone who could go a year with no pay.” Once again, it is sad that it was not the will of the public safety committee to adopt this common-sense amendment.

I want to draw a bit of a parallel to something that was tabled last November by the NSICOP committee on a study of the mandate of the RCMP for federal policing. There are two recommendations I would like to share. The first recommendation states:

The Minister of Public Safety provide clear and regular direction to the RCMP to strengthen Federal Policing, including in areas of governance; financial controls; human resources, recruiting and training; and information management. In each of these areas, this direction should include the Minister’s expectations, clear interim and final objectives, and clear performance measures.

The second recommendation is that “The Government recognize that Federal Policing resources are insufficient to fulfil its various mandates and put in place measures to ensure Federal resources are appropriated fully to Federal priorities.” The reason I am bringing up those two recommendations from that report is that it is crystal clear from reading that report, which is completely unredacted, with the exception of two sentences in the whole report, that it talks about the strain and pressure that the RCMP is already under to fulfill its federal mandate, yet here we have another example of additional resources still being pulled, though for an important reason, from within the RCMP and not outside it.

The last thing I want to bring up is that the CBSA, which, if I heard the news correctly today, is potentially only a couple of days away from taking strike action, needs this additional support and oversight, because it would help protect not only those workers, but the whole mandate of what the CBSA is there to do, which is to ultimately protect Canadians. We need that, because our CBSA officers are phenomenal. They help keep us safe and keep our borders safe. We have heard from umpteen debates in this House, when it comes to justice issues, about the lack of support that the CBSA has and the lack of necessary resources coming from the government to deal with so many crimes, such as the illegal trafficking of firearms across our border.

In conclusion, I really want to highlight that this is an important bill. It is a bill that I intend to support. However, it is frustrating and disappointing that it took the government this long to make it a priority for debate in this House.