Bill C-98 (Historical)

An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Acts

This enactment amends the Royal Canadian Mounted Police Act to, among other things, rename the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police as the Public Complaints and Review Commission. It also amends the Canada Border Services Agency Act to, among other things, grant to that Commission powers, duties and functions in relation to the Canada Border Services Agency, including the power to conduct a review of the activities of that Agency and to investigate complaints concerning the conduct of any of that Agency’s officers or employees. It also makes consequential amendments to other Acts.

Royal Canadian Mounted Police Act

[Ryan Turnbull, Liberal, Whitby, ON]

Madam Speaker, I am pleased to take part in this debate on Bill C-3, which is an uncontroversial starting place for this Parliament, given the fact that there is quite broad support.

Clearly, an independent review body for the Canada Border Services Agency is a significant and welcome proposal. This is not only because it strengthens accountability and trust among Canadians, but also because it improves Canadians' overall experience with our world-class border services.

In travel and trade, Canadians have come to expect exceptional service at the border. For the overwhelming number of people who cross our borders each day, that is what they receive: exceptional service. With 96 million interactions with travellers each year, there will inevitably be a few mistakes made. We have all heard that it is relatively small, in terms of the number of complaints, but still significant enough that it merits an independent review body.

The other thing I would like to say is that lots of activity at our border is a testament to what we have achieved in Canada. It marks a healthy country and a healthy economy.

When it happens that there are complaints, we need to ensure that our system is as accountable as it can be for Canadians. Internationally, when we are compared to our closest allies, Canada is alone in not having a dedicated review body for complaints regarding our border agency. In fact, the U.S., Britain, Australia and New Zealand all have these independent review bodies. Domestically, the CBSA is the only organization within the public safety portfolio that does not have an independent review body.

While most CBSA activities, such as customs and immigration decisions, are already subject to independent review, that is not the case when dealing with public complaints related to CBSA employee conduct and service. When thinking of large service organizations, and I have worked for a few, it is quite common to have these independent review mechanisms. People can provide feedback; it is really crucial for constant improvement in public service, and I would say it is considered a best practice.

That is why Bill C-3 is the next logical step. We have made major inroads in ensuring the accountability and review of our public safety agencies, including CSIS, RCMP and the Correctional Service of Canada. Under these proposals, if we are once again able to secure all-party support, as Bill C-98 did just eight months ago, we will welcome the newly minted public complaints and review commission, PCRC. This would be an important new tool for Canadians, building on the existing Civilian Review and Complaints Commission for the RCMP.

The PCRC would have the strong mandate of reviewing public complaints about both CBSA and RCMP employee conduct or service issues, with the exception, of course, of national security issues. What does that mean? That means Canadians can continue to expect fair, consistent and equal treatment at our border. This builds public trust, which I know we all believe in. It would mean more opportunities for the CBSA to enhance its services, developing service standards that broadly cover our border services agency.

I know that everyone in this House would agree that these proposed new measures are critical for an organization that deals with an incredible volume of travellers and trade around the clock. I would like to remind members that complaints could come from a wide variety of issues, not just the conduct of officers. For example, let us say I have had an excessive wait time, long lineups or security checks that are improperly conducted. I could then, with this initiative, register a complaint. The PCRC would be there to ensure the complaint was heard, processed and examined in a thorough and timely way.

I would also like to remind the House that it would not just be a mechanism for receiving complaints; it would also review non-national security activities carried out by the CBSA and RCMP, providing Canadians with public reports on those activities. For example, it would help us find answers to key questions like whether the CBSA's policies and procedures are adequate, appropriate and sufficient; whether the CBSA is compliant with the law and with ministerial directions; and whether the CBSA is using its authorities in a reasonable and necessary way.

When the proposed new PCRC reports its findings on these matters, the CBSA must respond. This is a critical tool to have in place. Independent review processes are well known and create the objective third party mechanism to encourage the reporting of any misconduct and any other feedback. I think that is important.

Particularly, as I mentioned before, as we move toward the border of the future, Canada's airports, for example, are faced with growing numbers of air travellers as business and leisure continue to globalize with volumes rising across all lines of business. Security and international considerations are becoming more complex. Technologies like blockchain are developing and changing rapidly, with a wide impact on border services.

The border of the future will allow for faster processing of goods and travellers, better intelligence and more seamless travel for everyone. Whatever the future brings, the CBSA understands the need to think and act broadly and to be responsive to the needs of Canadians and the world. It also understands that when problems arise in this changing environment, it cannot be expected to review them all internally. An arm's-length, independent review body must be put in place. That would allow the CBSA to focus on consistent and fair service for Canadians as it meets the challenges of the future and it would give the public confidence that they have recourse when problems do arise, however few they may be.

Bill C-3 would bring Canada more closely in line with other countries' accountability bodies for their border agencies, including those of our Five Eyes allies. This is all about providing border services that keep Canadians safe and improve public trust and confidence. This bill would ensure that the public can continue to expect consistent, fair and equal treatment by CBSA employees.

I encourage all members of the House to join me in moving this important bill forward.

[Nelly Shin, Conservative, Port Moody—Coquitlam, BC]

I apologize, Madam Speaker. It was a rookie mistake.

I look forward to working with ministers and my colleagues across the aisle on this unique and dynamic portfolio.

When I look around this room at other members, I see passion for people and passion for causes. Whether or not we share the same views, we are all here because we have a part in a greater purpose. That greater purpose is to serve the people of Canada and their well-being, and to steward well the land we live on. I value the role of different political parties as important parts of a greater ecosystem to prune, refine and balance our mandates as lawmakers.

I hope we will always look to the people we serve as the heartbeat of our work and do so with the integrity, common sense and unity that Canadians expect of us and deserve. So many times at the door my constituents expressed their longing to see the parties working together for the greater good. They say more would get done.

I trust the 43rd Parliament we are serving in will provide ample opportunities for us to hit the reset button on Canadian politics and build a culture of honour that allows public discourse to unfold in a safe manner that allows transparency and constructive discussions to thrive.

On that note I would like to thank the Liberal government for bringing forward Bill C-3 for consideration. I support the bill because issues pertaining to the protection of Canadians in our communities is of great importance.

From what I have learned, Bill C-98 was introduced in the 42nd Parliament and reintroduced in our current session with slight modifications as Bill C-3. Bill C-3 proposes to repurpose and rename the Civilian Review and Complaints Commission for the RCMP to the public complaints and review commission.

I would like to thank the RCMP and CBSA members for their service of hard work to protect Canadians.

Public servants across our nation must be held to a standard to uphold the integrity of people who are visiting or passing through our country, while ensuring our laws and international laws are upheld. Therefore, an oversight agency, as used by police services across our nation, including the RCMP, is agreeable and long overdue.

Budget 2019 proposes to invest $24.42 million over five years starting in 2019-20, and $6.83 million per year ongoing, to expand the mandate of the Civilian Review and Complaints Commission for the RCMP. It is good to know that a budget has already been allocated.

Where I would like more certainty is on the efficacy of how the government will implement Bill C-3 in practice.

Oversight is a good thing. People need assurance that there is someone who will be able to look into actions that are not consistent with the law. The implementation of the bill should not be another expansion of bureaucracy. The public complaints and review commission should have investigative powers and the ability to review situations, provide feedback and determine the course of action and its scope and scale with anyone who violates our laws.

Bill C-3 would provide a mechanism for complaints about inappropriate actions by border officers. Police agencies have had civilian oversight and review for decades. It is common practice around the world to provide mechanisms for overseeing law enforcement.

However, to my knowledge, the bill is not clear on how officers who violate the law, code or principle will be held accountable. It is only clear that the public complaints and review committee can examine evidence, call witnesses and write a report.

Without clarity on how the officers will be heId to account, we run the risk of creating bureaucracy that appears to provide a mechanism of assurance for Canadians but that, in practice, will not resolve the issues addressed.

While I support this important legislation, I look forward to seeing how the House and the committee will examine the bill with proper scrutiny to provide certainty that it will be a bill that will be very practical and steer us toward just actions and resolutions, rather than giving the appearance of protection to Canadians.

[Anita Vandenbeld, Liberal, Parliamentary Secretary to the Minister of National Defence]

Mr. Speaker, I am very grateful today to have the opportunity to debate Bill C-3, which would create an independent oversight body, the public review and complaints commission, to review CBSA officers' conduct and conditions and handle specific complaints. This body would be a welcome addition to the strong accountability and oversight bodies already in place.

As I have seen, the bill has broad support in the House. I welcome the previous speaker's support and also that of the hon. member for Medicine Hat—Cardston—Warner. He said:

Public servants across the country must be held to the standards expected of Canadians, which is to uphold the integrity of people who are visiting or passing through our country, while ensuring our laws and international laws are upheld.

He went on to add, “This bill will align well with the values of many Canadians” and the values of his party's team.

I also welcome the comments from the member for Rivière-du-Nord, who expressed his gratitude for the bill being introduced. Likewise, the member for St. John's East provided supportive words, noting that his party would certainly be supporting the bill at second reading.

This multipartisan support is very encouraging, and I thank all members for helping to ensure the bill is as strong as it can be moving forward.

One thing that all members of the House agree on is the quality of the work that our border service officers do at the CBSA. The CBSA processes millions of travellers and shipments every year at multiple points across Canada and abroad.

Let us just look at some of the numbers. I know they have been mentioned in the chamber already in this debate, but it warrants repeating: 97 million travellers, 27 million cars, 34 million air passengers, 21 million commercial releases. Every day at 13 international airports, 117 land border crossings, 27 rail sites and beyond, CBSA officers provide consistent and fair treatment to travellers and traders.

This is particularly important because, as we know, travelling can be very stressful. For those who are more vulnerable, for asylum seekers, for those who do not speak either of our official languages, for those with disabilities, for those on the autism spectrum and for travellers who are travelling for the first time, it can be intimidating and even frightening to cross a border point.

As the Minister of Public Safety and Emergency Preparedness has said, the CBSA officers' professionalism when dealing with people crossing our borders is of the utmost importance. He has said that they are the most public of public servants, and they truly are the face of Canada.

For visitors, newcomers or Canadians returning home, our border officers are their first encounter. However, much more than that, they are responsible for upholding the integrity of Canada's borders. That means their work is integral to Canada's well-being. We are at a junction where border management and enforcement are truly front and centre for the government and for Canadians.

Nearly one year ago, the government introduced a federal budget, proposing investments of $1.25 billion for the CBSA. That funding includes support to modernize some of our land ports of entry and border operations, with the goals of ensuring efficiency and enhancing security. Members will recall that budget 2019 provided funds to close this important gap.

The idea has been to expand the Civilian Review and Complaints Commission, or the CRCC, to act as an independent review body for the RCMP and the CBSA. That is why the government introduced Bill C-98 last year, which received all-party support at third reading. It is why we are now introducing Bill C-3, with more time for debate and discussion. This bill aligns well with our commitment to accountability and transparency.

Under the proposals, the PCRC would handle reviews and complaints for both CBSA and the RCMP. Whether the complaints are about the quality of services or the conduct of officers, the PCRC would have the ability to review, on its own initiative or at the request of the minister, any non-national security activity of the CBSA. The PCRC would be available and accessible to anyone who interacts with the CBSA or RCMP employees and who seeks recourse. That includes Canadian citizens, permanent residents and foreign nationals, including immigrant detainees. The commission would investigate and offer its conclusions as to whether procedures at the border are appropriate or not.

These proposals would bring the CBSA in line with the rest of our security agencies, including CSIS and the RCMP, which are currently subject to independent review.

These accountability functions for border agencies are common in our peer countries and this bill would help us join that group. All of us would like to ensure that the public can continue to expect the world-class treatment the CBSA provides.

The CBSA has worked to ensure it has the resources and infrastructure in place to support this new review board. It already holds its employees to a high standard of conduct, and I am confident it will continue to uphold that standard.

As I have mentioned, this is coming at a time of renewed focus at our border. The agency is operating in a complex and dynamic environment. It must be responsive to evolving threats, adaptive to global economic trends and innovative in its use of technology to manage increasing cross-border volumes. Let us remember that some of those threats and trends are some of the greatest challenges facing parliamentarians and Canadians today.

The opioid crisis continues to pose a serious threat to the safety of Canadians, for example, and the CBSA plays a key role in detecting opioids at the border through new tools and methods. We have also seen rising rates of gun and gang violence in recent years. Again, the CBSA is front and centre here, remaining vigilant in combatting the illegal smuggling of firearms. It is keeping pace with rising volumes in the supply chain, including the growing prevalence of e-commerce. It is central to our economy and to our country's overall prosperity and competitiveness. It is undertaking all of this hugely important work in an environment where its clients demand a high level of accountability and transparency.

The professional men and women at our borders would be well-served by an independent review function for the CBSA. Canadians deserve it as well. That is why I encourage all members to join me in supporting Bill C-3 today.

[Jacques Gourde, Conservative, Lévis—Lotbinière, QC]

Madam Speaker, I will be sharing my time with the member for Calgary Shepard.

I am pleased to participate in today's debate on Bill C-3, an act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other acts.

The Conservative Party of Canada will always protect the integrity of our borders and ensure that the Canada Border Services Agency has the people and equipment it needs.

A public complaints commission will improve general oversight and help the Canada Border Services Agency do its job even more effectively.

I have a few questions for this government. First of all, why did it wait so long to fulfill a 2015 election promise and amend the act? This Liberal government definitely has a habit of putting commitments off until later. If it was so important in 2015, it should be urgent now that it is 2020.

This bill is a copy of Bill C-98, which died on the Order Paper at the end of the 42nd Parliament. During its study of Bill C-98, the committee heard from just seven witnesses, including the minister and five officials who reported to him. I hope that this time, the parliamentary committee will have the freedom it needs to study this bill as thoroughly as it deserves and to hear testimony from more witnesses. We are going to make sure that all stakeholders are heard during this parliamentary committee study and that we get all time we need to do our job properly.

I want to take this opportunity to commend my friend and colleague, the member for Charlesbourg—Haute-Saint-Charles, for his tireless dedication to the issue of public safety in Canada. I admire the way he gets things done and his attendance record in the House. Our whole caucus is very proud of him, and I tip my hat to him.

Our border services are also very important for protecting our economy and the safety of the foods we import. I would like some assurance from the Liberal government that our free trade agreements with our partners and other countries are fair and equitable.

Also, does the government complete all the necessary checks at the border to ensure that we are importing foods that meet environmental and safety standards equivalent to those enforced in Canada?

With regard to aluminum, will the government allow Chinese aluminum produced with coal-fired Chinese electricity to enter the country, rather than using aluminum produced here in Quebec with hydroelectricity? This is certainly not something we would expect from a government that claims to care about the environment. It is clear the government is not walking the talk.

I want to come back to the Liberal government's consultation process. Did the government ask the opinion of front-line RCMP and CBSA officers? If so, what were their concerns and how were they taken into account?

I also think there is a need to reassure Canadians about the independence of the commission. If the past is any indication, this government has a tendency to interfere with the work of independent commissions.

Recently, we saw the Prime Minister interfere in one of the Auditor General's files, and we have not yet gotten to the bottom of that situation. We, on this side of the House, still have questions about the Conflict of Interest and Ethics Commissioner's report in that regard. We hope to have the co-operation of all members of the Standing Committee on Access to Information, Privacy and Ethics to launch a transparent study on that.

That said, I have no doubt that the debate on Bill C-3 is necessary and has merit.

However, I do think that it is more urgent to tackle the increasing number of illegal firearms in Canada, the gang shootings, the overdoses, mental health issues, legal backlogs, incidents of repeat offenders attacking Canadians, and human trafficking in this country. Why is this bill the government's top priority coming into this 43rd Parliament when there are all kinds of other pressing issues that should be handled first?

The Liberal government seems to want to address issues on which there is some form of agreement to avoid important societal debates. There is so much work to do to keep our country prosperous and safe. The government has been moving at a snail's pace since it came to power. It is playing the part of the grasshopper and doing whatever it wants, instead of taking care of the urgent issues.

Here is one important issue that should be a priority in the agenda of this spineless government, as I have already mentioned in the House in a members' statement. Canada is a country rich in natural resources, such as crude oil and natural gas in the west and Newfoundland and Labrador; hydroelectricity in Quebec, Manitoba and British Columbia; nuclear energy in Ontario and New Brunswick; and last, but not least, the shale oil and gas, coal, solar energy, wind energy and biomass energy used in various provinces and territories. Our country is so fortunate to have all of these resources. So many countries would love to have Canada's resources to help lift them out of poverty.

This prompts us to ask other important questions. How are all these energy resources transported within Canada, to serve all the provinces and territories, and how are they exported out of Canada, to the U.S. and other countries? Do we have adequate infrastructure? Are these methods of transportation safe and reliable enough to ensure an uninterrupted supply or, as was the case in the recent propane crisis in Quebec, are we relying on a single transporter? What about the environmental and economic impacts? Do we have energy security? Many questions deserve answers. That is why I would like to see the creation of a national commission on energy security. In my view, Canada's energy sector stakeholders should work together as part of a large-scale national consultation sponsored by the federal government. We must have the courage to get our heads out of the sand and talk about the energy sector. Unfortunately, this is a wedge issue in Canada right now, when it should be something that brings us all together from coast to coast to coast.

I strongly urge parliamentarians from all parties to initiate this discussion, which is crucial to the future of our country. This dialogue with every stakeholder in the energy sector will make it possible to develop a serious strategy for the future of Canada's energy sector by creating a national commission on energy security.

Our Canadian approach to energy will guide the economic destiny of future generations and how we position ourselves on the world stage. Let us take up our responsibilities as parliamentarians and legislators in the House, and ask the government to show leadership for the well-being of Canadians and for our economic prosperity.

[Gagan Sikand, Liberal, Mississauga—Streetsville, ON]

Madam Speaker, I am pleased to add to the debate of Bill C-3 today.

An independent review and complaints mechanism for the Canada Border Services Agency would fill an important gap for our national security agencies. This is not a new issue for parliamentarians. Members will recall that similar legislation was introduced and debated in the last session, as Bill C-98. That bill received unanimous consent just eight months ago, and since that time our government has had the benefit of considering comments made on previous legislation. With its introduction as a new bill, it is reflective of many of the comments and recommendations previously made.

CBSA oversight is not a new idea. In fact, Bill S-205, introduced by former Senator Moore in the other place a few years ago, proposed a CBSA review body. That was, in part, in response to a previous call by senators to create an oversight body through the 2015 report of the Standing Senate Committee on National Security and Defence. Many parliamentarians, academics, experts and stakeholders have made similar calls over the years. That is largely because Canada is the only country among our closest allies not to have a dedicated review body for complaints regarding its border agency. Furthermore, the CBSA is the only organization within the public safety portfolio without such a body. Bill C-3 would change this environment.

Canadians need to be confident that their complaints are handled and addressed appropriately and independently. They deserve enhanced reporting on how border services operate, which the bill also proposes. To expand on that, under Bill C-3, the new body would be able to not only report on its finding but also make recommendations as it sees fit. Those reports would include the PCRC's findings and recommendations on everything from the CBSA's policies and procedures to its compliance with the law to the reasonableness of the use of its powers.

This is about accountability and transparency. To parse why this is so important, we must take a look at the rapidly-changing context of the CBSA.

On a daily basis, CBSA officers interact with thousands of Canadians and visitors to Canada at airports, land borders, crossing ports and other locations. To put that in numbers, that is 96 million interactions per year with travellers and $32 billion per year in duties and taxes, according to the 2017-18 statistics. That is 27.3 million cars, 34.5 million air passengers and 21.4 million commercial releases. All of that happens at 13 international airports, 117 land border crossings, 27 rail sites and beyond. This will only increase. That is why the government introduced a federal budget last year proposing investments of $1.25 billion for the CBSA to help modernize some of our ports of entry and our border operations. After all, we know that business at the border never stops and is growing year after year.

As hon. members know, ensuring that business continues while protecting Canadians requires CBSA officers to have the power to arrest, detain, search and seize, and the authority to use reasonable force when required. We know that Canada's over 14,000 CBSA officers are truly world class, providing consistent and fair treatment to travellers and traders.

However, as business grows along with demands for accountability, the CBSA cannot reasonably be expected to handle all the complaints on its own, nor should Canadians expect it would. Currently, complaints about conduct and the service provided by CBSA officers are handled internally. If an individual is dissatisfied with the results of an internal CBSA investigation, there is currently no mechanism for the public to request an independent review of these complaints. Bill C-3 would neatly remedy all of this. For example, such an individual would be able to ask the PCRC to review his or her complaint. At the conclusion of a PCRC investigation, the review body would be able to report on its findings and make recommendations as it sees fit. The president of the CBSA would be required to respond in writing to the PCRC's findings and recommendations.

The PCRC would also accept complaints about the conduct and service provided by CBSA employees from detainees held in CBSA facilities. These could include complaints related to treatment and conditions in detention.

On the rare occasion that there be a serious incident involving CBSA personnel, Bill C-3 would legislate a framework to not only handle and track such incidents, but also to publicly report on them. It would in fact create an obligation for the CBSA to notify local police and the PCRC of any serious incident involving the CBSA officers or employees. As I have noted, the legislation would also allow for the PCRC to review, on its own initiative or at least at the request of the minister, any non-national security activity of the CBSA.

National security activities would be reviewed by the new national security intelligence review committee, which is the National Security Intelligence Review Agency, or NSIRA. As colleagues know, the NSIRA is responsible for complaints and reviews relating to national security, including those relating to the RCMP and the CBSA. Members will see provisions in Bill C-3 that would facilitate information sharing and co-operation between the PCRC and NSIRA.

I would point out that the PCRC would not have the authority to review, uphold, amend or overturn enforcement, trade or national security decisions made with the CBSA, nor would it consider complaints that could be dealt with by other organizations, such as the Canadian Human Rights Commission, the Office of the Commissioner of Official Languages or the Office of the Privacy Commission. What it would do is provide a reasonable, long-sought-after framework to build accountability in our public safety agencies and trust among Canadians.

As I close, I would like to point out that this is the latest in a line of recent measures to enhance accountability in our national security apparatus. The former Bill C-22 led to the creation of the now operational National Security and Intelligence Committee of Parliamentarians, which has a broad mandate to review national security and intelligence organizations.

The former Bill C-59 led to the creation of the NSIRA. NSIRA now has the authority to review any activity carried out by CSIS or the Communications Security Establishment and any national security or intelligence-related activity carried out by federal departments and agencies.

All of this amounts to unprecedented enhancements in our national security accountability, on top of the government's creation of a national security transparency commitment, which is all about integrating Canada's democratic values into our national security activities.

These measures build on the government's broad national security consultations in 2016, which sought to engage Canadians, stakeholders and subject matter experts on issues related to national security and the protection of rights and freedoms. In those consultations, four-fifths, or 81%, of online responses called for independent review mechanisms for departments and agencies that have national security responsibilities, including the CBSA.

This outline should provide some rationale for bipartisan support for Bill C-3 by parliamentarians, academics, experts and stakeholders alike and other Canadians. Our security and intelligence communities must keep pace with evolving threats to the safety and security of Canadians and with a rapidly changing border environment. They must do so in a way that safeguards our rights and freedoms, and the people's trust in how the government works. That is why I ask the House to join me in supporting Bill C-3 today.

[Ginette Petitpas Taylor, Liberal, Moncton—Riverview—Dieppe, NB]

Madam Speaker, this is the first time I have had an opportunity to speak during this 43rd Parliament, so I want to take a moment to thank my constituents from the beautiful riding of Moncton—Riverview—Dieppe.

Members certainly would not be in this place without the hard work of many people, and I am very blessed to have had a tremendous team of volunteers that supported me during the summer and fall of 2019. I want to thank each and every one of them. I want to thank my constituents, the volunteers, the donors and riding associations because they worked with me hand in hand to make this a reality. It has truly been the honour of my life to represent the great folks of Moncton—Riverview—Dieppe.

I rise in the House today to speak to Bill C-3, an act that would create a public review and complaints commission, which would provide Canadians with added accountability measures.

Before I proceed, I want to take a moment to acknowledge the work currently performed by front-line officers at our airports, who work tirelessly to protect us from the coronavirus. Though the risk to Canadians remains low, we do not often take the time to commend those who dedicate their time and effort to keeping us safe, day in and day out.

Looking at the months and weeks to follow, there will be long weekends and March breaks. Many of my constituents will visit another province or territory to see family, cross the border for weekend shopping or leave the continent altogether to go on a well-earned vacation. However, if they do decide to travel I, like other members in the House, want my constituents to have a hassle-free and stress-free experience.

I know that during the course of the debate on policies and legislation, there are often partisan disagreements and arguments. However, when it comes to this bill, I am pleased to say that so far we have seen non-partisan support which, to me, is very encouraging. I thank all members for helping to make this bill as strong as possible as we move forward.

Thus far, we have come to agreement on a few items. First is the tremendous quality of the work undertaken by our border officers and the CBSA. Second is the necessity of ensuring that any negative, or otherwise unprofessional, experiences can be independently heard and reviewed.

We have heard from other members that the CBSA processes millions of travellers and shipments every year at multiple points across Canada and abroad. When looking at 2018 and 2019 statistics, this included 96 million travellers. That is an astonishing number. They also looked at 27.3 million cars, 34.5 million air passengers and 21.4 million commercial releases. Every day, at 13 international airports, 117 land border crossings, 27 rail sites and beyond, CBSA officers provide consistent and fair treatment to travellers and traders.

Our border officers are the first point of contact in Canada for visitors and for Canadians who are returning home. What is more, these officers are responsible for maintaining the integrity of Canada's borders. This means that their work is essential to our country's well-being. In this day and age, border security management is a key concern for the government and for Canadians.

Other public safety organizations in Canada, such as the RCMP and Correctional Service of Canada, are already subject to independent review. Globally, border agencies in a number of countries, including the U.K., Australia, New Zealand and France, are subject to external review. Addressing the accountability gaps through Bill C-3 would improve the CBSA and strengthen public confidence in the agency.

I should indicate that I will be sharing my time with the member for Mississauga—Streetsville.

The legislation would ensure that the public could continue to expect consistent, fair and equal treatment by CBSA employees, and that funding would include support to modernize some of our land, ports of entry and border operations with the goal of both ensuring efficiency and enhancing security.

Under Bill C-3, complaints would be handled by a new arm's-length public complaint and review commission. The PCRC would be able to receive and investigate complaints from the public regarding the conduct of CBSA officials as well as the service provided by the CBSA. Now, if any of my constituents have a particular unprofessional experience, they can be assured that an independent review can occur.

This bill is very similar to Bill C-98 from the last Parliament, and it received all-party support at third reading. Whereas concerns were expressed about the timing of introduction, we were proud to make introducing Bill C-3 one of the first pieces of legislation during this Parliament.

We also incorporated feedback that we received, such as ensuring that a chairperson-initiated review would have access to the same information that the CBSA review has.

On a question from the opposition in the last Parliament, the CBSA union has been contacted already and there will be, at some point, the ability to compel oral or written evidence on oath or solemn affirmation.

Under Bill C-3, the PCRC would publish an annual report covering each of its business lines, the CBSA and the RCMP and resources devoted to each.

This bill aligns with other commitments to improve accountability and transparency. The creation of the PCRC is long overdue. Independent review legislation was proposed in the previous two Parliaments, both in the other place and in this House. Amnesty International Canada's 2018 report card noted that the CBSA remained the most notable agency with law enforcement and detention powers in the country that was not subject to independent review and oversight.

The professional men and women at borders would be well served by an independent review function for the CBSA. My constituents and the constituents of the other 337 members of Parliament deserve it as well.

That is why I encourage all members to join me in supporting this bill, Bill C-3, at second reading today.

[Richard Lehoux, Conservative, Beauce, QC]

Madam Speaker, as this is my first speech, I would like to say hello to the people in my riding of Beauce. I thank them for the opportunity to bring their issues to Ottawa. I have always been proud of the fact that I am from Beauce and I accept with humility the unique opportunity to represent my constituents.

I would especially like to thank my wife, Ginette, my children, grandchildren and my entire family. Without them I would definitely not have been able to get through this campaign, which I found to be very long.

I would also like to acknowledge the members of my team, Derek, Marco and Alexandre. I thank them for minding the store while the House is sitting. I especially want to thank France, who supported me throughout the campaign and who continues to be the rock for my team. I also thank Myriame, Scott and the volunteers for their invaluable assistance during the election campaign. During the campaign I often said that it is faster to go alone, but we can go further together.

I am pleased to take part in the debate on Bill C-3, an act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other acts, which will create a review body that is at arm's length from the Canada Border Services Agency.

This bill was formerly known as Bill C-98, which the government tried to ram through the last Parliament, no doubt because it wanted to boast about keeping an election promise. Although we are not opposed to Bill C-3, there is still work to do, and it must be done properly.

Interestingly, in the last Parliament, the Liberals waited before following through on their 2015 promise. Right at the end of their term, they pressured all the parties to hurry up and pass Bill C-98.

The Liberals are back at it this time around with Bill C-3. I congratulate them on introducing it at the beginning of the new Parliament instead of doing like they did last time and sweeping it under the rug for their whole term only to make it a big emergency at the end.

Currently, complaints about the conduct of CBSA officers and their services are managed internally. If a member of the public is dissatisfied with the results of the CBSA's internal investigation, that person has no other way to ask for an independent review of the complaint.

I repeat, as with Bill C-98 in the past, our party does not oppose Bill C-3. Canadians expect oversight of our law enforcement agencies. A public complaints commission will improve general oversight and help the CBSA exercise its powers, duties and functions even more effectively.

Our mission is to ensure that the government always keeps Canadians safe. That said, as I mentioned a little earlier in my speech, that work must be done properly.

A few questions remain unanswered, and I hope the government will answer them for Canadians. What bothers me is that Jean-Pierre Fortin, the national president of the Customs and Immigration Union, said he was not consulted about this legislation.

Why did the government not ask for input from people working on the front lines, the ones who will be monitored by a new oversight body that will also oversee the organization that represents them?

In my view, a good employer presents its vision, rather than imposing it. Perhaps the government needs to sit down with Mr. Fortin in order to do its job properly.

While I was preparing my speech, I was surprised to learn that only seven witnesses testified on the last Parliament's Bill C-98.

Other than the Minister of Public Safety and Emergency Preparedness, the witnesses included the chairperson, general counsel and senior director of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police, the counsel for the Department of Public Safety and Emergency Preparedness, and the acting director general of the law enforcement and border strategies directorate. Those five people report directly to the minister.

Let me repeat what I said before: Is it not imperative that the government present its proposals to people on the front lines instead of making people in its entourage testify? It is the government's duty to consult those affected by the changes, if only to ensure that it is on the right path and not just going by what people in the inner circle say.

I also have a concern about deadlines for processing complaints under Bill C-3. Currently, when we send in forms for our constituents, the delays drag on forever. Whether it is about immigration or employment insurance, people in our riding encounter never-ending wait times.

Once the new organization is in place, can the government guarantee that the complaints process will not drag on forever?

In 2017 and 2018, nearly 40,000 people crossed the border illegally as a result of a tweet from the Prime Minister. Although the government said that those numbers dropped by 15% in 2019, the high volume of arrivals caused major problems for border services officers on the ground and for the CBSA, which had to deploy an incredible amount of resources to Roxham Road and other crossings.

What is worse, Jean-Pierre Fortin, who, as I mentioned earlier, is the president of the Customs and Immigration Union, said that there was a resurgence in illegal border crossings at Roxham Road over the holidays. There were twice as many as usual. CBSA officers have asked for additional staff for this year.

The border management system is overloaded, and that is causing problems. CBSA officers are doing their best to do their job properly. I hope that the government learned from the mistakes it made during its previous term in office. Had it introduced its bill properly the last time instead of trying to do it in a rush, we would not be in this position right now. The bill would have gone through the legislative process, and we could have focused our efforts on other bills that are just as important and require just as much attention as Bill C-3.

I hope the government demonstrates that it can do its job properly if it wants the official opposition to co-operate.

I will end my speech on a more personal note. Since we are talking about a bill on the Canada Border Services Agency, I would like to acknowledge the border services officers at the Jackman crossing, which is located in Saint-Théophile in my riding. I thank all border crossing employees for protecting our borders.

I would also like to acknowledge the members of the RCMP who came to my riding last summer to perform the Musical Ride during Saint-Elzéar's summer festival. The event, which is performed by 32 riders in dress uniform and their horses, attracted a crowd of over 2,000 people, young and old, on the wonderful sunny day of June 23, 2019.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the President of the Queen’s Privy Council for Canada and to the Leader of the Government in the House of Commons]

Madam Speaker, I suspect that the numbers from the budget are more than what the member has just mentioned. We will get another opportunity through another budget. I believe that the government has not only brought through legislation but has also brought through some additional resources.

The member correctly said that this is not new legislation, because it was brought in last year in Bill C-98 and actually passed through. I am wondering if the member would agree that as we go into the standing committee, the government would be open to amendments. That is a positive thing. We have seen in the past that when good amendments were proposed, they received the support of the House.

[Élisabeth Brière, Liberal, Sherbrooke, QC]

Madam Speaker, if we want Canadians to trust their government, we need a government that trusts Canadians. I would add that this position has been repeated many times in the House, and not just when Bill C-98 was introduced.

On that note, I would also like to thank the senator who introduced Bill S-205 in 2015. That bill set out a number of the recommendations that we are proposing today.

Beyond the CBSA, our government's desire to improve the transparency and accountability of all our security agencies is clear.

For example, in 2013, a member proposed the creation of a national security committee of parliamentarians, but unfortunately the House rejected that proposal. The following year, a member introduced a bill that would have amended the National Defence Act in order to improve the transparency and accountability of the Communications Security Establishment.

Obviously, parliamentarians and Canadians want our intelligence and security agencies to be as accountable and transparent as possible. When our government took office in 2015, we knew we had to take action. During the government consultations on national security, experts and members of the public told us that we risked losing the trust of the public if our security agencies did not become more transparent and accountable.

After all, these measures create an effective and efficient government.

They help us oversee the exercise of authority and deliver results for Canadians.

The bill established the National Security and Intelligence Review Agency, which is the heart of Bill C-59 and represents a historic change for Canada.

The creation of this agency resulted in an integrated and comprehensive review of all national security and intelligence activities, including broader access to information across the government.

The government also created the National Security and Intelligence Committee of Parliamentarians, a group tasked with reviewing Canada's national security and intelligence organizations.

As members know, this committee now has extraordinary access to classified information so that it can scrutinize security and intelligence activities.

The creation of this committee filled a significant gap and allowed us achieve two objectives: guaranteeing that our security agencies are working effectively, and protecting the rights and freedoms of Canadians.

The government also adopted a national security transparency commitment across government to give Canadians better access to information. All of these measures will help build public confidence in our security agencies. The RCMP, CSIS and Correctional Service Canada are already subject to solid accountability measures.

We know that similar steps have to be taken for our border agency.

We need a transparent system to ensure that complaints regarding the conduct and quality of services of CBSA employees are handled appropriately.

This is what Bill C-3 aims to do.

This bill would build on all of the government reforms I mentioned earlier and would increase the accountability of our national security apparatus.

Canadians can rest assured that an independent review body would be handling complaints relating to the conduct of border officers.

Bill C-3 would expand and strengthen the Civilian Review and Complaints Commission, the CRCC, which is the RCMP's review agency. This commission would become the public complaints and review commission. The new commission would be responsible for handling complaints and reviews for the Canada Border Services Agency and for the Royal Canadian Mounted Police. Anyone interacting with CBSA employees who wishes to file a complaint about the employee's conduct or quality of services would be able to go through this enhanced commission.

The Civilian Review and Complaints Commission could also conduct reviews of the Canada Border Services Agency of its own initiative or at the request of the Minister of Public Safety. However, matters of national security would be addressed by the National Security and Intelligence Review Agency with help from the CRCC.

Departments and agencies within Canada's public safety community are very familiar with this new transparency and accountability model. I know that they understand that their ability to respect this model has a direct impact on public trust, their credibility and their day-to-day activities.

The government knows that with the creation of the independent mechanism proposed in Bill C-3, Canadians will be much more comfortable filing a complaint. We will thereby greatly improve the accountability of our public safety apparatus' oversight mechanism.

I encourage all members of the House to join me and support Bill C-3 at second reading.

[Emmanuella Lambropoulos, Liberal, Saint-Laurent, QC]

Madam Speaker, I will be sharing my time with the member for Sherbrooke.

I appreciate the opportunity to rise today and speak to Bill C-3, our proposed accountability legislation for the Canada Border Services Agency.

Specifically, this bill would establish an independent, arm's-length public complaints and review body for the CBSA. This is important and overdue.

This bill follows the efforts of Wilfred Moore, who proposed Bill S-222 and Bill S-205 to provide oversight for the actions of CBSA employees. This bill has been reintroduced in the House after its former iteration, Bill C-98, received all-party support during third reading in the last Parliament.

As we all know, the CBSA has repeatedly been singled out for the lack of independent oversight over some of its activities. Filling that accountability gap is the right thing to do in any democracy. It would also improve the public's trust and confidence in an agency that not only helps to keep the public safe but also deals with the public on a daily basis.

Many of our constituents travel for work or leisure. They expect and deserve a relatively uneventful experience when receiving border services.

Let me be clear: The CBSA does excellent work while operating in a complex and challenging environment. As I followed the debate with great interest, I was pleased to hear praise and recognition from members of this House for the agency and its dedicated employees.

More than 14,000 people work for the CBSA. Some employees have behind-the-scenes jobs, working on investigations of suspected criminals, national security cases and organized crime groups. Others have a more visible role, including the more than 6,500 uniformed CBSA officers. Many of these officers engage with the public at various ports of entry to Canada.

The CBSA manages 117 land border crossings, more than half of which operate on a 24-hour basis, seven days a week. The agency also operates at 13 international airports, and its officers perform operations at 27 rail sites. In addition to this, CBSA officers carry out marine operations at the ports of Halifax, Montreal and Vancouver, among others, and at numerous marinas and reporting stations.

The CBSA's work goes well beyond its presence at our ports of entry. For example, it processes and examines international mail at three processing centres. Its officers enforce laws and regulations that involve nearly every sector of Canadian society, including our agriculture, manufacturing and service sectors. It has a very broad and wide-ranging mandate.

In fulfilling that mandate, CBSA employees engage with large numbers of Canadian citizens, permanent residents and foreign nationals. In 2018-19 alone, they engaged with more than 96 million travellers. That is in addition to the over 19 million commercial shipments and more than 54 million courier shipments they processed last year. It is a world-class agency.

These numbers are a testament to the CBSA's diligent, hard-working employees. In almost all cases, the services they provide to the public are beyond reproach, but, as with any organization of its size and scope, incidents do arise from time to time. The CBSA has procedures in place to handle complaints about the public's experiences in dealing with the agency. Currently, these complaints about service or employee conduct are handled internally. If there is dissatisfaction with the results of an internal CBSA investigation, there is no mechanism for the public to request an independent review of a complaint.

That is where Bill C-3 comes in. It proposes to establish a strong and independent review mechanism for the CBSA called the public complaints and review commission, or the PCRC. We would not be starting from scratch with the PCRC, because it would incorporate and build on the existing Civilian Review and Complaints Commission for the RCMP. The new PCRC would handle complaints from the public about its interactions with and the services provided by both the CBSA and the RCMP.

Here is a brief overview of how the proposed PCRC would work. The PCRC would notify the CBSA of any complaint it receives from the public. The CBSA would likewise inform the PCRC of any complaint it receives directly from the public. In most cases the CBSA would conduct an initial investigation of the complaint.

Of course, it is possible that someone making a complaint would not be satisfied with the way the initial complaint investigation was handled by the CBSA. Bill C-3 accounts for this. It would allow those filing complaints to submit a request to the PCRC for a complaint review. This request would need to be submitted within 60 days of receiving notice from the CBSA of the outcome of the complaint.

This bill would also give the PCRC the power to conduct its own investigation of a complaint. It could choose to do so if it receives or is notified of a complaint received by the CBSA and believes a PCRC investigation would be in the public interest.

In these cases, the CBSA would not begin an investigation into the complaint. If an investigation had already been launched, it would be terminated. As its name suggests, the PCRC would also play an important review role for the CBSA. The PCRC would be able to review any of the CBSA's activities, with the exception of those involving national security matters. That is to avoid duplication of work with the new National Security and Intelligence Review Agency, as well as the National Security and Intelligence Committee of Parliamentarians.

All other areas of CBSA activity would be subject to the PCRC review. The PCRC would be free to make its own decisions about what to review. A request for review could also come from the Minister of Public Safety.

I am proud to stand with a government that is committed to ensuring all of its departments and agencies are held accountable. It has been clear for quite some time that an accountability gap exists when it comes to some of the core functions of the CBSA. Right now the CBSA investigates complaints about its own conduct and service. That system certainly cannot be expected to inspire trust and confidence among Canadians.

Bill C-3 would make things right by creating a public complaints and review commission. This would be a body that people could turn to if they have comments or complaints about their experiences with the CBSA, and crucially, it would be completely independent.

That is why I wholeheartedly endorse this important piece of legislation and look forward to seeing it move through the parliamentary process during this session. I encourage hon. members of the House to join me in supporting this bill.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the President of the Queen’s Privy Council for Canada and to the Leader of the Government in the House of Commons]

Mr. Speaker, I must first compliment the member for Guelph. I respect it immensely when members come across as being very strong nationalists, thinking in terms of the nation first and foremost while having a love for the province they represent and not forgetting about our other provinces.

I appreciated his comments in regard to Manitoba's 150th anniversary of joining Confederation in 1870, much like my other colleagues who are enthusiastically getting behind members of Parliament from Manitoba. We recognize the importance of that event, as I said in a statement earlier today. We should be very proud of all the different regions of this great country.

To get to Bill C-3, I will try to emphasize the numbers. We are talking about oversight for our border control officers, and I want to emphasize how important those civil servants are to our communities. We often talk about the complaints, and there are complaints, as I will say right away. However, the vast majority of the work conducted by these civil servants is overwhelmingly positive. They do fantastic service to our country with the fine work that they do. I want to extend my compliments to them, and I know members of this House would echo those comments in regard to the outstanding work that they do day in and day out, seven days a week and 24 hours a day.

Let us think in terms of the number of transactions that take place, or of face-to-face encounters. This is what really took me aback when I was doing a bit of research on the issue. Think of 2018-2019 alone; CBSA employees interacted with over 96 million travellers, conducted four million traveller examinations and processed over 19 million commercial shipments and 54 million courier shipments.

Those are incredible numbers. Earlier today, we voted on the free trade agreement between Canada, the United States and Mexico. In speaking to that legislation, we heard that in trade alone, we see $2 billion a day across that land border. I expect some of that is flown in and possibly even arrives by ship, but I repeat that it is over $2 billion a day in trade.

We have huge expectations for our border control officers. We expect them to be consistent and fair and to provide equal treatment. I suspect that it can be a challenge at times to provide that service, yet over 99% of the time, that is the type of service that they are providing. We need to feel comfortable about that organization, and confident in it.

The legislation before us was introduced by the Minister of Public Safety, and I compliment him and his department for the fine work they have done in ensuring that there was consultation over the last number of years. It is only because we had such a busy legislative agenda dealing with public safety in the previous run between 2015 and 2019 that this legislation unfortunately did not make it completely across the finish line. We are reintroducing it now, and it is a priority for this government. The Minister of Public Safety has done a fantastic job in pulling it together and making sure that we could deal with it it early in the current parliamentary session.

I have listened to a few members across the way who have already spoken on it. It is encouraging to hear that all members, or at least all parties of this House, have recognized the value of ultimately seeing this bill passed.

I understand that some members would like to review it at the committee stage, and I anticipate we will see some amendments. If our record has demonstrated anything over the last number of years, it is that our government, even in a majority situation, is very sympathetic to good amendments. In a minority situation, members can anticipate that we will continue to support good ideas that make legislation better for Canadians. I look forward to seeing the bill go to committee, given the type of support we have already seen at second reading.

Oversight is important. If we were to say there is public oversight for the RCMP, CSIS and our correctional services officers, most people would assume that we already have it for our border control agents. However, that is not the case. In essence, this legislation is meant to provide oversight for our Canada border control officers. As opposed to our creating something independent, this oversight body would also be able to deal with RCMP complaints. It has a name. It will be addressed as the public complaints and review commission, and it will deal with both RCMP and CBSA concerns or complaints that come forward.

As I referenced in one of my questions, by having oversight we are ensuring there is a higher level of accountability and transparency. In doing so, we are building public confidence in the system, and if not directly, then indirectly.

If we were to talk with stakeholders or individual Canadians, we would likely hear stories. We have already heard some of those stories in this debate. When we were debating Bill C-98, stories were brought forward as well, one about a border officer who had an issue and dealt with it in an inappropriate fashion.

We know that unfortunately things of that nature will occur. Members of the public need to feel that there is a sense of justice so that when they do occur, there is a place they can go to lodge a complaint. That is really what Bill C-3 would do. I see that as a win in many different ways. I suspect that if we were to talk to the civil servants who work for CBSA, they too would recognize the true value of oversight.

Our borders need to be safe. They need to be secure and open and provide for the efficient flow of travel and trade. As I referenced in my question to the member for Guelph, we have border officers not only along the Canada-U.S. border but also at the international airport in Winnipeg, and it is not alone. I believe we have 12, 13 or possibly 14 international airports in Canada. These points of entry and departure must have border officers in order to allow for the efficient flow of travellers and trade.

I am glad to see that we will finally have an oversight committee to build upon that confidence. I suspect and hope that members will see the benefits of moving the bill to committee, where we can give it a final review to see if there are ways to improve it.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Mr. Speaker, I want to thank members of the Conservative Party for organizing their speeches to allow me to have a portion of their time.

I am very pleased to see this bill come forward. We worked on it in the 42nd Parliament as Bill C-98 when it had a different name, but there are some concerns.

I would like to split up my time to talk about what the Canada Border Services Agency is, what it does, what the problems are and whether this bill would fix them. I will try to move quite smartly through that description.

We have in Canada national security agencies, such as the RCMP, the Canadian Security Intelligence Service, the Communications Security Establishment, which is a bit of a different animal, and the Canada Border Services Agency. They essentially are a collection of national security intelligence agencies that work with each other. As of now, the Canada Border Services Agency is the only one that operates without either oversight or a complaints process, yet it does have extraordinary powers.

The Canada Border Services Agency's powers at the border are superior to those of the police. They have powers to arrest, detain and remove people from Canada. This is a profound power, the ability to have someone deported. I want to underscore this for members because we need to get a review of our immigration and refugee law on another occasion. This bill does not have the scope for it. The previous government under Mr. Harper changed the deportation rule from deporting people as soon as is practicable to as soon as it is possible. That has resulted in a lot of people being thrown out of Canada more quickly than I think most Canadians would find fair, and certainly with disastrous consequences on a humanitarian ground.

The CBSA authorities can prevent people from entering Canada. They can conduct interviews with refugee claimants when they have lost their first opportunity to explain why they wish asylum. They can detain refugee claimants on any number of grounds. They can issue removal orders and send a person out of Canada without an admissibility hearing. In other words, they have enormous powers. By the way, a review of the agency, which I found extremely informative, was issued in 2017 by the British Columbia Civil Liberties Association.

The question is whether, with all of these powers, everything is going very well. It is not perfect by any means. There are literally, as we have heard from other speakers, hundreds of complaints every year, but many of them are of a rather routine nature. They are unpleasant but they are accusations of racism and unpleasant comments.

I know that we want to thank the vast majority of members of the Canada Border Services Agency at the borders. We need them to be focused on stopping the flow of illegal drugs. We need them to stop the flow of illegal handguns. I think it would be well worthwhile as a public policy matter to stop having it be a priority to find people whose citizenship is irregular and deport them in a hurry. A lot of families are ripped apart by this and it would be much wiser to focus on those things that we know we want to stop at the border, such as drugs and guns, not necessarily people.

This brings me to one of the most tragic of many tragic stories. This one led to an inquiry. Unfortunately, it was in the form of an inquest because the woman in question died.

Her name was Lucia Vega Jimenez. She was stopped at a transit stop in Vancouver and transit police thought there was something unusual about her. It has been alleged it was her accent. It turned out that her citizenship papers were irregular. They turned her over to the Canada Border Services Agency and she was incorrectly advised. The inquest proved that she had been incorrectly advised that she had no hope of avoiding deportation and that there were no appeals. That was not correct. She hanged herself in her cell. The inquest then was able to find that there was a lot of discussion within the agency of how to cover this up, what to do if people found out. It is long overdue to have this kind of a complaints commission.

We now have another change that is worth looking at because we are in a new era of national security law. We have the National Security and Intelligence Review Agency. It has the ability to have oversight over what all the agencies do, but it does not take complaints in the same way that this complaints commission would take complaints.

The public complaints and review commission, which is renamed from the public complaints commission that only looked at the RCMP, would now take on the Canada Border Services Agency. I will be voting for this bill at second reading. I do want to see this bill get to committee.

However, the concern I have is that there are a number of excluded areas that the complaints commission cannot look into. We need to look at those and recognize that while the larger agency, the National Security and Intelligence Review Agency, can give a summary and an overview of how the CBSA has been performing in these areas, people cannot make complaints in the same way.

Complaints cannot be made about the agencies in Bill C-3 that we are debating today. They cannot be made about decisions made by CBSA employees under statutory authorities. This of course includes one of the key areas where abusive behaviour has been reported and is of greatest concern, where people are detained and can die or could be deported and die in a country they should never have been sent back to: the statutory authorities under the Immigration and Refugee Protection Act and under the Customs Act.

It cannot receive complaints about matters that could be more appropriately dealt with by other bodies, such as the Canadian Human Rights Commission, the Commissioner of Official Languages, and the Privacy Commissioner.

This one is really disturbing. It cannot receive complaints on the conduct of part-time employees at detention facilities where CBSA detainees are being housed. That is particularly concerning, because it goes on to actually say that the CBSA would not even be required to investigate complaints that relate to part-time employees.

We need to look at the whole scheme of things where things can go wrong and make sure that in this legislation we fix it as much as possible.

The other matter that is added to Bill C-3 which was not there in the previous Bill C-98 is that national security matters cannot be the source of a complaint.

There is good reason for that in policy because, after all, the National Security and Intelligence Review Agency can look at the overview of what CBSA has been doing on national security matters. That is quite a different matter from saying someone cannot complain. The complaints are direct. They are personal. They deal with an actual incident. The review agency is going to look at the whole of the conduct as best as it can as an oversight agency.

I would be very interested to know if we cannot look at the CBSA in this bill and consider whether amendments would not be wise to say that any of the activities of the CBSA and its agents can come before the complaints commission. The complaints commission, if it knows of a better place, could make sure that takes place, as opposed to sending someone away, someone who has been traumatized by an episode at the border and sent away.

People may not know. Even if they are told to take the complaint somewhere, they may just stop. They may not want to go through a revolving door. The complaints commission could have a positive obligation not just to inform a person where to go but to actually take it on, organize the hearing and make sure it is started, make sure complaints are not ignored.

On the matter of national security complaints, I am very concerned about this. One of the places where the CBSA was first studied was in the context of the Arar commission of inquiry. Mr. Justice O'Connor, who was the commissioner in the Arar inquiry, commented:

The CBSA often operates in a manner similar to that of a police force. There is a significant potential for the CBSA’s activities to affect individual rights, dignity and well-being, and much of the national security activity undertaken is not disclosed to the public.

I am concerned that we not inadvertently miss an important piece of oversight, an important piece of justice to anyone who happens to be, and I certainly do not think it happens routinely, traumatized.

In my own experience, I had no idea there was a detention facility under the Vancouver airport where people are deported quite quickly, until the family of an indigenous man from Penelakut Island, not in my riding but nearby, reached out to me for help. It was in 2014. The issue was that CBSA agents had shown up at the door of his home. He is a grandfather, an indigenous man, living on Penelakut Island, whose wife was a residential school survivor. Without warning, they arrested him. They had sent him notices that he had missed. They put him in leg irons. They drove him in a van on that December night all the way to the Vancouver airport, where he was told it was hopeless and that he would be deported the next day back to the United States where he had been born. They did not say there was something called the Jay Treaty regarding indigenous rights. They just said that was it.

Fortunately, we were able to stop the deportation but it was not easy. It did give me an insight into what goes on.

I want to make sure this legislation will work. It needs amendments.

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, thank you for laying down the law.

This bill changes the name of the Civilian Review and Complaints Commission for the RCMP to the public complaints and review commission. Under this new name, the commission will also be responsible for reviewing public complaints against the Canada Border Services Agency.

The bill follows on a promise made by the Liberals to ensure that all law enforcement agencies in Canada are monitored by an oversight group. We agree that all Canadian law enforcement agencies must have an oversight group. Canadians must be respected and protected from potential abuse of power. We must all make sure that the agency does its job to the letter and in compliance with Canadian legislation.

Our party’s vision of Canadian security has always prioritized maintaining the integrity of our borders and making sure that the CBSA has appropriate resources in terms of staff and equipment. A public complaints review commission will undoubtedly improve general oversight and help the CBSA exercise its duties and powers more effectively.

I have spoken at length with border services officers and listened to the union president. It is obvious that the problem at the border is not due to a lack of training or will on the part of the officers. On the contrary, the problem stems from a blatant lack of resources to support officers in their work.

When Bill C-98 was first tabled, the government had not even consulted the union. We raised this point in the debate on Bill C-98, but we got nowhere, since the government was in a rush to move forward. There was not enough time for the bill to be passed by the Senate. Today, the government is coming back to us with Bill C-3.

Even if we support the bill, we need to take the time to consult the union representing the CBSA and the RCMP, which we will probably do in committee. It is a good idea to create an agency to monitor the officers' work and give Canadians some power. We are completely in agreement with that, but the officers also have something to say. That is why I think it is important to listen to the union. There needs to be a balance between the two.

Since 2015, our Liberal friends have constantly said that they consult Canadians on various issues. However, in the case of Bill C-3, there have been no consultations.

I would like to talk about the challenges faced by the Canada Border Services Agency. A lot has been said in recent years. Members will recall the Prime Minister’s famous tweet from January 2017. At a time when the United States was in turmoil, the Prime Minister tweeted to the world that Canada would welcome everyone with open arms. That created a situation at the border that is still ongoing. Close to 50,000 people who read the Prime Minister’s tweet came to cross the border at Roxham Road in Quebec. Some came through Manitoba, but most came through Roxham Road. These people crossed our border believing that they would be welcomed with open arms.

The RCMP had to mobilize enormous resources. In 2017, officers from across Canada were sent to Roxham Road. The CBSA also had to mobilize resources to receive the people who thought they would simply be welcomed to Canada.

The problem is still going on. The government is trying to make us believe that nothing is going on, but that is not true. Every day, 40 to 50 people cross the border at Roxham Road. The financial and human resources costs are massive. In a report last year, the Office of the Auditor General examined all of the federal agencies involved, including public safety, immigration and other federal services. In three years, we have spent more than $1 billion on federal services alone. That figure does not include costs to the provinces.

Quebec calculated its costs for the first year. Just for costs associated with receiving the asylum seekers, Quebec applied for a reimbursement of $300 million. Ontario followed suit. Quebec was reimbursed before the election campaign because our Liberal friends knew that this was a very sensitive subject for Quebeckers.

We Quebeckers are a hospitable people. We like people, but we also like order. Now we are in a situation where there is no order. No one, myself included, can understand why people are being allowed to enter our country, and specifically Quebec, illegally.

That being said, the Conservatives have often been called racists in debate and in question period. It is very upsetting to be called a racist. The people who come to the border are of different ethnic origins, but that does not make us racist. We are simply asking for effective border control. That starts with a duly completed immigration application. Of course Canada welcomes refugees, as it always has. Even when the Conservatives were in power, we always supported taking in refugees from UN camps around the world.

Let us get back to our officers. We are going to pass a law that will allow the public to file complaints against RCMP and CBSA officers. We should try to see things from our officers' perspective. They are being asked to do things that they may find distasteful. I remember going to Roxham Road three or four times to watch our officers at work. I saw police officers there, RCMP officers, whose job is to enforce law and order.

People arrived with suitcases, knowing full well that they were entering Canada illegally, but they were taking advantage of a loophole in the Canada-U.S. safe third country agreement. The warm-hearted RCMP officers carried the people’s suitcases across the border to help them enter Canada illegally. This created a conflict in the officers’ minds. On the one hand, since they have big hearts, they have no choice but to help children, as is only right. On the other hand, their job is to enforce the law.

I would remind members that the Prime Minister created this situation on Roxham Road, which has been going on for exactly three years now. People do not realize that the government has even built a building there that is equipped with systems and all the necessary technology. When people get out of a taxi at Roxham Road, they can walk down a small road that leads directly to this reception centre, which is the equivalent of a regular border crossing.

That makes no sense, and we are in this mess because the Liberals cannot negotiate with the Americans to change a rule that prevents us from putting an end to the situation. Let's not forget the financial repercussions for Canada, which are huge.

In addition, our officers have to deal with another serious problem, namely drugs and weapons being smuggled across the border. The RCMP and CBSA officers find their work very hard and complex. In addition to their working conditions, which are obviously less than ideal, the rules in effect and the way the boundaries are delineated sometimes prevent the officers from doing their job properly, despite their best efforts.

We share a border with certain indigenous reserves and with the United States, and international rules make our officers’ work far more complicated. This means that a lot of illegal drugs and weapons are entering Canada and contributing to crime.

It is important to understand that criminals, especially Toronto gangs, get their weapons illegally. Huge numbers of weapons cross the U.S. border or arrive by ship in Montreal or Vancouver. We are therefore asking the government to invest major human and financial resources to fight this type of crime.

The influx of drugs like fentanyl is a serious threat to officers' health. At Canada Post, CBSA officers randomly inspect packages entering Canada, and those packages may contain extremely dangerous substances. A tiny dose of fentanyl or any opioid can be fatal. We need to keep in mind that this kind of work can be hugely stressful for individuals, just as it is for members of the military.

This bill will make it possible for members of the public to complain about deliberate or accidental conduct on the part of RCMP or CBSA officers.

Still, we need to understand the position we are putting these officers in and be judicious. That is why we have to listen to what the officers' union has to say.

The examples I gave earlier illustrate situations in which officers have to make decisions. They have to face dangerous situations. Sometimes, if they react reflexively or have to make snap decisions, they may say or do things they should not.

For this reason, I hope that the commission that reviews the complaints will have a balanced approach. I find that the blame too often falls on officials, police officers and the military. When I was in the army, we were often aware of this during operational deployments. I remember very well that, during the war in Bosnia, we often had to follow UN rules and send soldiers into a conflict zone and tell them that, if they made a mistake or did something wrong, we would not be there to defend them. They would be responsible for their actions.

We were representing our country, going to a war zone in a foreign country, but, at the same time, we were being warned to be careful not to get into trouble, otherwise we would be on our own.

This type of situation often causes psychological stress for RCMP officers and border service officials. At some point, these people wonder whether or not they should take action. If, for fear of reprisal, they decide not to take action, this may create a situation that will cause problems elsewhere. In the case of drug control, for example, if the official is afraid to take action, the drugs will end up somewhere else. I do not have any concrete examples to give, but I believe that everyone listening to us can understand what I am trying to say.

I would also like to briefly address our correctional services. I know that correctional services are not covered by Bill C-3. However, I would like to remind the House that, when we discussed Bill C-83 during the last Parliament, there was talk about the various resources available to Canada’s penitentiaries.

First, I would like to talk about syringes. Syringes were not part of Bill C-83. However, penitentiaries were asked to give prisoners syringes. The government provides prisoners with syringes, and they inject drugs illegally obtained in prison. It can be difficult to accept and understand how drugs could be illegally obtained in prison and how syringes could be provided so that prisoners can inject these illegally obtained drugs.

Ideally, we should be preventing prisoners from obtaining drugs in prison. There is an easy way to do so, as set out in Bill C-83, and that is to acquire body scanners. Body scanners like the ones in airports, but more sophisticated, can detect 95% or more of anything hidden on a visitor’s body, whether drugs or other contraband. I will not list all the things that can be carried in a human body, but a body scanner can find them. That way, the government could avoid having to provide prisoners with syringes.

At the moment, I can say that there is a great deal of concern within the correctional service. Officers who work in penitentiaries are concerned for their own safety. Despite the fact that there is supposedly a syringe control system in place, needles can, for all sorts of reasons, end up somewhere else, and prisoners can use them to create weapons and do various things.

We expect the government to make this investment and deploy the 47 scanners that are required across Canada as soon as possible.

There are policies for the Border Services Agency. I can say that I am proud of what was done by the former Conservative government. In debates over the past few years, we were blamed for cutting $300 million from the Border Services Agency budget. That is absolutely false. There have been budget cuts in administration, but line officers have never been affected by the cuts. We have evidence, reports from the Library of Parliament complete with exact figures.

I am also proud of the measures taken by our government at the time. Officers were asked to be alone at guard posts at night. Officers were completely alone, left to their own devices. It was excessively dangerous, so we saw to it that there would now be at least two people on duty. We also armed our border officers. They had no weapons previously. How is it possible to intercept someone or take action in dangerous situations without a weapon? That is why we took steps to ensure that Canada is better protected.

Beyond Bill C-3, which will give the public access to a complaints mechanism, our hope is to continue to work to improve border control and enhance Canada's overall security.

[Pierre Paul-Hus, Conservative, Charlesbourg—Haute-Saint-Charles, QC]

The House resumed from January 29 consideration of the motion that Bill C-3, An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Acts, be read the second time and referred to a committee.

He said: Mr. Speaker, I am pleased to rise in the House to speak to Bill C-3, an act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other acts.

This bill follows on a Liberal campaign promise to ensure that there would be an oversight body for all Canadian law enforcement agencies. That is a promise that was made during the 2015 election campaign. That was five years ago, and it was supposed to be a priority.

This bill was introduced in the last Parliament as Bill C-98. However, the Senate did not have time to complete its analysis of this bill before the end of the Parliament. Our party supported Bill C-98 at every stage without amendment.

This bill changes the name of the—

[Cathay Wagantall, Conservative, Yorkton—Melville, SK]

Mr. Speaker, I stand today in this chamber and am pleased to speak for the first time as a re-elected member of Parliament for Yorkton—Melville. I and my fellow Saskatchewan caucus colleagues thank all our constituents for painting the province of Saskatchewan completely blue.

Bill C-3 actually mirrors Bill C-98, an act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other acts. As we all know, the bill took so long to introduce that it was not passed prior to the 2019 federal election.

This legislation proposes to repurpose and rename the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police to the “public complaints and review commission”. Under its new name, the commission will also be responsible for reviewing civilian complaints against the Canadian Border Services Agency. The bill would ensure that all Canadians law enforcement agencies would have an oversight body.

Canadians expect effective oversight of federal law enforcement agencies. The Liberals made a promise to do this in 2015.

During its previous mandate, the Liberal government took so long to act on this issue that Bill C-98 failed to be passed prior to the 2019 election.

The former Privy Council Office chief, Mel Cappe, had been hired to conduct an independent report and provide his recommendations in June 2017, which he did. However, it was only because of an access to information request by CBC News that Parliament even became aware of this report. For two years, the government and the then, and now no longer, public safety minister from Saskatchewan sat on that report.

We, who served in the previous Parliament, were counting down the days and nights until the session came to a close. Then, at the last possible moment, this rather straightforward and simple but essential legislation was finally introduced. Why did it take the previous majority Liberal government three and a half years to draft and introduce Bill C-98 to the House? In the eleventh hour, it was too late to deal with such a critical promise that impacted public safety.

The Liberals' poor management and bad decision-making impacted RCMP officers, who had to be deployed and dedicated to dealing with illegal border crossings. They were pulled from other details, from monitoring returned ISIS fighters, tackling organized crime. They were pulled from rural detachments, where the RCMP is already short staffed and dealing with an increase in rural crime. The claim that there are more police available in rural Canada is not true, a statement made and not followed through on.

When the Liberal majority government was ineptly unable to keep an election promise at the eleventh hour, so as to not appear to have broken even more promises, it meant an even longer wait, through the whole election process, through the weeks of delay before the House was finally called back by the Prime Minister to sit just before Christmas for a short time only to go into the winter break. Here we finally are today in a second attempt to get the job done of Bill C-3.

The government has been plagued by inefficiency and lack of foresight since the beginning of its first mandate, further hamstringed by one ethical breach after another, through brazen attitudes of entitlement, to the foolish boldness of demanding and coercing our independent justice system and principled people to bow to executive power.

Just this past week we have seen the frightening fallout of the government putting their friends ahead of good governance: A violent man sentenced to life in prison in 2006 for viciously murdering his wife was granted day parole in the fall of 2019. His case manager indicated a moderate risk of reoffending and he was to avoid relationships but could have encounters with women, as long as it was strictly sexual. As a result, a young woman lost her life.

Who in their right mind would create the environment for any woman to be put in harm's way like this? Ex-parole board commissioner Dave Blackburn stated that “such a condition is 'unbelievable'”.

The Liberal government has to take responsibility for a foolish decision it made in 2015 to not renew any parole board appointees, purely a political decision that removed all historical experience from the board and replaced them all, through the Privy Council, with Liberal appointees.

I believe the desk will be pleased, Mr. Speaker, to hear I will be splitting my time with the member for Kootenay—Columbia.

Since then, there has been a more than 25% increase in the awarding of day parole in Canada. This is ridiculous. Canadians have no faith that an internal inquiry will get to the bottom of the incompetence that falls on the Liberal government. An external inquiry of the national Parole Board must take place. The government does not have credibility when it comes to dealing with its own self-serving, intentional mistakes.

As well, we know the delay in bringing forward this legislation was not due in any way to so many consultations. As a matter of fact, again and again, we have heard from stakeholders that they were not consulted. From what I have heard today on the floor, that has not changed.

This legislation proposes changes to the Canada Border Services Agency, yet the Customs and Immigration Union was never contacted. This is another blatant inconsistency by the government. On one end, there was no consultation. On the other, there was the virtue signalling of setting up advisory councils for our veterans but doing nothing other than giving a platform for photo ops and the appearance of consultation before the reveal.

The fact that the Liberal government could not be bothered to consult the biggest stakeholders, the union representatives of the CBSA front-line workers, says it is not about the workers. It appears the Liberals feel they can pick and choose which unions they are going to give special treatment to while others are totally ignored.

Conservative members will work with the government in the interests of the principles of the bill, but rest assured we want to make sure that the people impacted are part of the committee review process. We want to ensure that proper committee time is taken to look at the changes to the RCMP Act and the CBSA Act, and make sure we are doing a service to the people who will be impacted by them, whether it is on a public complaints process or other elements.

As good as this policy is, it needs good government to implement it, not a government consistently mired in scandal that loses track of its responsibilities and then, concerned about its re-election, attempts to rush this legislation through irresponsibly. It does not need a government that is so out of touch that it fails to consult with the Canadians who would be impacted.

The government's approach demonstrates a complete lack of accountability, care and respect for Canadians. There is unrest across western Canada that must not be ignored. I would warn that we must no longer be fuelled by intentional actions that encourage that unrest instead of building consensus and recognizing and celebrating healthy interdependence across our amazing country.

Our nation, and all people of Canada, deserve a government that legislates responsibly, respectfully and with the best interests of all Canadians in mind. I look forward to the day we form that government.