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

Report stage (House), as of May 3, 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.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 1:50 p.m.
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Conservative

Doug Shipley Conservative Barrie—Springwater—Oro-Medonte, ON

Mr. Speaker, the member opposite mentioned that the legislation had been brought up twice before, and I agree with that. However, when Bill C-98 was introduced in 2019 and when Bill C-3 was introduced in 2020, many stakeholders, especially the union that represents CBSA officers, spoke about the fact that they were not consulted on draft stages.

Could the member opposite please inform me if there was much more consultation taking place this time? We do support the bill, but we want to ensure all stakeholders were involved, and that it has been done properly?

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 1:50 p.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, as the member would know, any piece of legislation that comes before the House is not public information until such time that it is tabled, including to members of the governing party. Quite frankly, there is a very important rule of the House that the legislation be tabled at the same time for every member of Parliament to be able to review it.

With respect to the degree to which consultation has occurred in the minister's office, the member would have to ask the minister directly about that. We have question period in seven minutes, and maybe there will be time to do that.

What is really important, which I pointed out in my speech, is that having had the benefit of this come through the House twice already, we have heard individuals and organizations speak to various different aspects of the bill and the process. Hopefully we will have had the opportunity to get it right by the time it gets to this point.

Finally, one of the key times in our parliamentary system, in the democratic system that we have for establishing and reviewing legislation, is at committee. When this bill goes to committee, there will be the opportunity for Conservative, NDP, Bloc and Liberal members to invite various different people forward to voice their opinions on this legislation and to get their opinions on the record.

Although, perhaps, the degree to which the consultation has occurred might not be to the satisfaction of the Conservatives, the consultation has just begun in that this bill has now just been introduced and it will go to committee where the real consultation occurs.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 1:50 p.m.
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Bloc

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

Mr. Speaker, I truly admire my colleague's work. I have seen how proactive he is in the House. He is always around to give speeches and ask questions. He really is very active.

Something is bugging me though. It seems that I do not often see his other colleagues show up to work as hard as he does. I wonder if there is a reason for that?

Perhaps he could tell us more about that?

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 1:50 p.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, I guess we know it is a pretty mundane bill when those are the questions being asked in the House.

My role in the government is one of two parliamentary secretaries to the government House leader. The government House leader oversees the day-to-day operations in the House. Therefore, it makes sense that I would be in the House so much, and that my role has led me to being here. I am sorry if the member thinks my interventions, from time to time, are a little overboard. Perhaps he is not entirely wrong, but I am here to do my job. If he is saying that I am here all the time, please refer that back to my boss, so my boss knows I am doing my job too.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 1:55 p.m.
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NDP

Leah Gazan NDP Winnipeg Centre, MB

Mr. Speaker, we on this side of the House will be supporting the bill.

There have been concerns raised, and in my speech today I raised issues with the CBSA detaining children due to their immigration status. The fact that this is still a practice in this country is wrong. I think it is vile that in this country we detain children due to their immigration status.

Does my hon. colleague agree with me that it is wrong and that we need to put legislation in place to ban this racist, discriminatory practice that violates the rights of little children in Canada?

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 1:55 p.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, I most certainly agree with my colleague that if anybody is detaining individuals based on their immigration status, citizenship status or race for that matter, it is completely unacceptable and wrong. It is something that we should not do.

I do not know if we need to actually put it in the legislation, because it would appear to me as though that would be unconstitutional on its own anyway. I am not against the idea of putting that in legislation, if that is what the committee determines when the committee does its work. I find it very alarming and very concerning, the suggestion that is coming from the member. I take her word that she is aware of this happening.

That is exactly why we need the measures that are put in this, so that those complaints can be heard and can be dealt with in a manner that has the proper oversight of the very important agencies that have this discretionary power in looking out for our safety.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 1:55 p.m.
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Winnipeg North Manitoba

Liberal

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

Mr. Speaker, this particular piece of legislation appears to be supported by the Conservative Party, the Bloc, the NDP and the Green Party, and obviously the government has proposed it. It looks like it will have the unanimous support of the House. The idea of the legislation has now been before us for a good deal of time in different ways and in different legislation. It seems that everyone wants this bill to pass.

Do we know if the Conservative Party is prepared to allow the legislation to pass, or does the member think we might have to bring in time allocation?

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 1:55 p.m.
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Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Mr. Speaker, it is a first that it would be my own colleague trying to get me to be hyperpartisan, but I will respond to that question.

As I have said many times in the House, I understand that the role of an opposition is to hold the government to account. I also understand that the most important tool that an opposition has is to delay. It should be using that tool when it finds various pieces of legislation to be so egregious and represent so many problems that it feels as though it needs to put a stop to them.

We see this quite often. We saw it in Ontario's provincial legislature recently when Doug Ford tried to use the notwithstanding clause and how the opposition acted there. It chose that as a hill that it wanted to die on.

Do Conservatives want to die on this hill when it is something that they agree on? I would suggest that they do not, because we know that they support this. Therefore, why not let this bill go to the next stage of the legislative process of becoming a law? Let us do that.

Let the opposition use delay tactics when there are issues so important to Conservatives that they feel as though they need to delay them, not just for the purpose of slowing down government business.

The House resumed consideration of the motion that Bill C-20, An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments, be read the second time and referred to a committee.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 3:50 p.m.
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Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Mr. Speaker, I want to thank the hon. member opposite for his speech on Bill C-20, an act to enact the public complaints review commission. This is going to include not only the RCMP, but also the CBSA. When we are talking about the CBSA, I think it is also very appropriate to ask whether the CBSA is properly financed and resourced for the demanding work we expect of it in stopping the smuggling of guns coming across the border. It is one thing to hold officers to account for misconduct. We should also expect them to be properly resourced so they can do their work.

I wonder if the member could comment on that.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 3:50 p.m.
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Kingston and the Islands Ontario

Liberal

Mark Gerretsen LiberalParliamentary Secretary to the Leader of the Government in the House of Commons (Senate)

Madam Speaker, I am not sure how this question in particular relates to this piece of legislation. This legislation was specifically about bringing in oversight and review bodies to look at the work of the CBSA and the RCMP and to respond to the complaints out there.

When it comes to properly resourcing our individual agencies and departments, yes, we have an obligation to do that and provide them with resources so they can deliver on our expectations and what we are asking them to do. I think it goes without saying, as I believe every member of the House would agree, that providing the proper resources is absolutely critical, in this case to the CBSA and the RCMP.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 3:55 p.m.
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Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, I am happy to join my voice to the debate on Bill C-20, an act to establish the public complaints and review commission. This commission would replace the current Civilian Review and Complaints Commission for the RCMP. It is more than just a change of name. There is also change of provisions.

The commission would have an expanded role to also receive and deal with complaints on the activities of the Canada Border Services Agency, or the CBSA. This hits home to my home community of Langley because my community has the RCMP as its police force and is a border community, with a border crossing between the Canadian town of Aldergrove and the American town of Lynden.

Many people in my community have friends and relatives in Washington state. I am one of them. Four of my grandchildren live in Lynden, Washington, which is just a 45-minute drive from my home in Langley, not counting the time we might need to wait at the border, which is sometimes a long time and sometimes very short.

In the hundreds of times I have crossed the border from Aldergrove into Lynden, I have never had a bad interaction with anybody from the CBSA. I can say the same of the RCMP, not that I have had that many interactions with members of the RCMP, but any that I have had have always been good and positive. I have the highest regard for people who work for both agencies.

Our police officers and border security guards are at the front line of public safety and we owe them a debt of gratitude. I think of Burnaby RCMP Constable Shaelyn Yang, who was stabbed to death on October 18, just over a month ago, trying to save a homeless man's life. Constable Yang was attending at a city park along with a bylaw officer from the City of Burnaby to serve an eviction notice on a person who was camped in a public park. On approaching the scene, Constable Yang noticed there was evidence of the man overdosing. She entered into the tent with a naloxone kit. She did not come out alive.

I did not know Constable Yang at all, but I know people who did know her, who worked with her, who trained with her and who loved her. Her death is a reminder to her colleagues, and indeed to all of us, that working on the front line, whether it is with the RCMP or other police services in Canada, is dangerous work. To all police officers and other frontline workers, I thank them for their service to their communities. We owe them a debt of gratitude. We are grateful for their service.

It is in this context that I now want to join the conversation about complaints against the RCMP. During my time on the Standing Committee on Public Safety and National Security, I have heard from many witnesses about the failings of the RCMP and other police services across the country.

Last year we studied alleged systemic racism in the RCMP. It was an exhaustive study. It was an exhausting study. There were 19 meetings. We heard from 53 witnesses. The study resulted in a report of 125 pages and 42 recommendations. We heard from community organizations providing services to or advocating for indigenous communities. We heard from academics working in the fields of law, law enforcement and social services. We heard from people working with people suffering mental health and addictions. As well, of course, we heard from representatives of various police services.

Whether there is racism in policing in Canada was the question we were tasked with. The first job, as always, is to define our terms. One of our witnesses, Alain Babineau, a law enforcement consultant, social justice advocate and former member of the RCMP gave us a working definition. Quoting Senator Sinclair, he said, “Systemic racism is when the system itself is based upon and founded upon racist beliefs and philosophies and thinking and has put in place policies and practices that literally force even the non-racists to act in a racist way.”

I have met many police officers. I have a family member who is a RCMP police officer. I went to law school with several former RCMP officers who then went on to become lawyers and with whom I have formed lifelong friendships. I have colleagues who have had full careers in law enforcement prior to coming to the House. I attend church with several people who are RCMP officers, and I can assure the members that not one of them is racist. They are all honest, hard-working people and law-abiding citizens who have, at heart, nothing but the best interests for their communities, neighbours and country.

Our report at the public safety committee was not about whether individuals within the RCMP are racist. The evidence is clear that we do have societal problems. It is not a problem of just the RCMP, the CBSA or the Vancouver Police Department. The problem is in our society.

When we think about racism, we might be tempted to point fingers at others, at the fathers of Confederation and at residential schools and say it was not us. We may think about our ancestors' role in slavery and say it was not us. We were not there.

A little closer to home, we might talk about the Chinese head tax and say it was before our time. Even a little closer to home, in Vancouver, we might think about the Komagata Maru incident, when law enforcement agencies turned a ship around and sent it back to India.

To make it current, we could point the finger at the RCMP, but finger pointing is not going to get us anywhere. It is certainly not going to help us find solutions to racism. We recognize that we are all part of society. We are all a product of our shared history. We are all in the same boat, so to speak, but the good news is that we are all also part of the solution.

It is in that context that I hope people would read the report from the public safety committee, and I hope they do read it. The report is simply called “Systemic Racism in Policing in Canada”.

Here we are today, talking about Bill C-20, an act to establish the public complaints and review commission. This draft of legislation is backed up by the report that I just talked about, that our public safety committee tackled last year.

I mentioned that the report contains 42 recommendations. Five of those 42 deal with what we call, under the current legislation, the Civilian Review and Complaints Commission. Evidence we heard at committee made it clear that we have a problem. The current review and complaints structure is dysfunctional, and it needs to be fixed.

Witnesses raised concerns about the transparency of the disciplinary process from the RCMP. For example, we heard from Professor Christian Leuprecht of the Royal Military College. He suggested that the RCMP should be required to make public all disciplinary decisions. That goes to transparency.

Professor Samuels-Wortley of Carleton University pointed out that transparency is required in the disciplinary processes for police who engage in misconduct to ensure public confidence in the system. We want to know what is going on.

Alain Babineau and the hon. Michel Bastarache suggested that the RCMP does not appear to be capable of addressing discrimination within the organization itself, suggesting that change must come from the outside.

All of this evidence, presented to the public safety committee, brought us to 42 recommendations. I am going to highlight just three of them.

The first recommendation was that the Government of Canada should clarify and strengthen the mandate of the Civilian Review and Complaints Commission, or the public complaints commission. We were not contemplating then that the whole commission would be revamped and given a new name, but so be it.

This would include creating statutory timelines for a response by the RCMP commissioner to reports coming from the commission and requiring that the commission publish its findings and recommendations. It all goes to transparency.

The second recommendation was that the Government of Canada should increase accessibility and transparency by simplifying the process for initiating a complaint. The third recommendation was to allow for a meaningful engagement of indigenous participation in the complaints commission. Let us not forget that the study was about whether there was racism in the RCMP.

Can Bill C-20, the legislation we are talking about, answer those challenges? The answer is, in large part, yes. The legislation creating the new PCRC, the public complaints and review commission, which in many ways mirrors the existing commission, would require the establishing of timelines for dealing with complaints. That was one of the concerns we heard at committee.

It would also require implementing education and information programs so the public can better understand the process, something else we heard complaints about at committee.

It outlines how complaints would be submitted, investigated and reviewed, and that there would be an annual report to the minister, who would then submit it to Parliament. That report is to include information about whether service standards are being met, the number of complaints and data about the complaints, so we can develop policy based on good, reliable data.

There are a lot of details in the bill also about what information the commission might encounter that would be treated confidentially to protect complainants and for security purposes.

There is information about the hearing process and the powers the commission will have, the powers of the superior court of record, including the power and ability to be able to subpoena witnesses and order them to give evidence. The commission will also have the ability to recommend disciplinary action, but not to carry it out.

The legislation appears to be straightforward at achieving its objectives. We will be supporting this draft bill at second reading, and I look forward to a deep dive at committee into its details, and to listen to experts.

When we are talking about police oversight, which is the police policing themselves, and border staff oversight when possible discipline might happen, we need to ask the question whether these agencies are properly resourced to do their work. We know that police services across the country are facing a recruitment and retention crisis, like almost every sector in our economy. We have a shortage of new people coming into the police services at the same time that older people are leaving, and all at the same time that we are demanding more from our police services.

Police recruitment is down and crime is up. There has been a 32% increase in violent crimes since 2015, when the current Liberal government took office. There were 125,000 more violent crimes last year than there were in 2015. Therefore, crimes rates are going up, and we are expecting more from our police services. We need to make sure they are fully resourced.

We have similar statistics for the CBSA. There is a shortage of workers. People are retiring, with not enough people coming in, and there is a higher demand with respect to their work.

Another study we recently completed at the public safety committee was about guns and gangs. We learned that most firearms used in violent crimes in Canada are handguns smuggled in from the United States. One of our witnesses stated the obvious. We live beside the largest gun-manufacturing society in the world, and we share the longest undefended border with it. This presents a big challenge for us, and we expect a lot from our CBSA to intercept the guns that are being smuggled into our country. It is not an easy problem to solve.

I know we are talking about Bill C-20, but I want to make a quick reference to Bill C-21. Bill C-21, which would make owning a handgun in Canada illegal, or more illegal than it already is, is not going to solve the problem because the people who are committing violent crimes are already illegal gun owners, to state the obvious, so C-21 does not add much value. It certainly does not keep Canadians any safer. It just further stigmatizes legal gun owners and trained and licensed sport shooters who are good and honest citizens.

Bill C-21 does not help our neighbours, but that is for another day. Today we are talking about Bill C-20, the public complaints and review commission.

Our report on guns and gang violence recommended that funding for the CBSA be increased. If we are going to enhance a complaints review process for our workers, it is only fair that we make sure they are properly resourced so they can do their jobs properly. Let us also make sure they are adequately resourced with both people and money, so they can do the work effectively.

We expect a lot from our border security people. They should expect to receive the full complement of a workforce, financial resources and tools to do their job effectively.

I want to take the opportunity to say thanks to CBSA workers, including many who live in my riding of Langley. We live on a border. There are several land border crossings, and I have a lot of friends who work in one or other of those border crossings.

I want to talk about something else that touches on the police. Our safety committee met with Mr. Justice Bastarache, formerly of the Supreme Court of Canada. He presented his report to us a couple of years ago in the 43rd Parliament, entitled “Broken Lives, Broken Dreams”. This retired judge was tasked with the unenviable task of distributing and disbursing court-awarded money under the so-called Merlo Davidson Settlement Agreement to victims of sexual harassment within the RCMP. Merlo and Davidson were the two named plaintiffs in that case.

The judge's report is a stinging rebuke of a culture of sexual harassment within the RCMP. It starts with these words:

For more than 30 years there have been calls to fix sexual harassment in the RCMP.

The report then goes on to talk about the 3,086 claims over that 30-year period. He and his staff conducted 644 interviews with victims. At the end of all his work, they awarded some compensation to 2,034 victims. It is widespread. It is not a good situation.

As I read through the report, I wondered whether my pride in our national police force was misplaced. In our discussion with Mr. Justice Bastarache at committee, I related a story from my childhood, when my parents took me and my siblings to the RCMP Musical Ride. My parents were new immigrants from the Netherlands, and they told us that one of the things they were very proud of about their new country was that we could be proud of our police force, something that is not true, sadly, for every nation in the world.

Mr. Justice Bastarache told me that in his opinion it was still appropriate for us to be proud of our RCMP service. It has a proud history and it is redeemable, but in his opinion it would require outside resources, outside influences, because the RCMP could not reform itself.

I will be voting in favour of Bill C-20 at second reading, for it to go to committee for a deep dive, a line-by-line review. There, I will be looking not only for how the RCMP interacts with the public, who expect the police to keep them safe and to do no harm, but also for how this legislation would steer us towards improving the internal culture of this agency, the RCMP, that we all want to be proud of.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 4:15 p.m.
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Winnipeg North Manitoba

Liberal

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

Madam Speaker, it is very encouraging to see the support that is coming forward for this legislation.

Earlier today, prior to question period, we had a very clear indication of support, whether it was from the government, obviously, which is proposing the legislation, or support coming from the New Democrats, the Bloc party, or even the Green Party members for the legislation. It has become very clear that the Conservative Party is going to be supporting the legislation.

I would like to think that given the type of support it is getting from the House, there would be a willingness to see it go to committee, given that we have had a great deal of opportunity over not only months but years to have that discussion, both informally and formally, inside the chamber and outside. I know the standing committee is anxious to receive the legislation so it can get down to work on it, listening to the public and so forth.

I wonder if the member is in concurrence with me that we should try to advance this, even if it means getting support to sit tonight. I, for one, would be happy to be here until midnight if there are more members who want to speak to the legislation. Let us see if we can get this legislation passed.

Could the member provide his comments on how important it is to pass the legislation?

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 4:15 p.m.
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Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Madam Speaker, yes, I want to see this go to committee, and I will be voting in favour. I am assuming that our whole caucus will be. However, we often hear this from the member: If we are all in agreement, why do we not just accelerate it through the whole process?

The process is important. It was important for me to give a speech today. Even if the member did not think it contributed a lot, members of my community think it does. They want to hear me talking about things that are important to them, and this is important to them. Therefore, I do not think we should be accelerating this needlessly. We need to debate it. That is why we are here.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 4:15 p.m.
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Bloc

Jean-Denis Garon Bloc Mirabel, QC

Madam Speaker, I want to pick up on what my Conservative colleague was saying. His excellent speech shows that, when there are good-quality, well-thought-out bills that people can agree on, then Parliament works very well, and the long series of gag orders supported by NDP are often unnecessary. I would like to hear his comments on that.

As my colleague said, this bill needs to go to committee because it is quite ambitious and very detailed. In committee, we should hear from many stakeholders who will be affected by this bill, including unions. Who does my colleague think we should call as witnesses?

How useful will the committee be in ensuring that this bill is the best it can be when it gets to third reading?