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 was last introduced in the 42nd Parliament, 1st Session, which ended in September 2019.

Sponsor

Ralph Goodale  Liberal

Status

Second reading (Senate), as of June 20, 2019
(This bill did not become law.)

Summary

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

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.

Elsewhere

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

Royal Canadian Mounted Police ActGovernment Orders

May 17th, 2019 / 1:10 p.m.
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NDP

Guy Caron NDP Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, my colleague would prefer to skip over the debate and send the bill straight to committee.

I would remind him that we were both in opposition during the last Parliament. At the time, opposition members often rose to speak to bills that had unanimous support. We did it so we could voice our concerns.

It is not like the bill is at third reading stage. This is only second reading. I think it is in the best interest of the members of the committee who will be studying the bill to hear what others are saying about the concerns that are out there, even if we do end up voting in favour of the bill.

I would like to know if my colleague is asking to skip the debate and jump ahead to the next stage because he believes that the comments and concerns raised in the House, in this debate, are not useful to the committee's work, knowing full well that there are concerns and reservations on all sides.

Royal Canadian Mounted Police ActGovernment Orders

May 17th, 2019 / 1:10 p.m.
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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, as I have listened to several hours of speeches thus far, there have been significant concerns raised by the hon. member, such as the concern raised previously about time standards and service standards.

Much of the debate, however, has been taken up with how ineffectual or whatever either the government or the opposition parties are. There has been a lot of partisan stuff, back and forth. What I regret about this place is that the time allocated for debate does not actually result in debate about significant concerns to be raised about this bill itself. Rather, we spend endless amounts of time talking about how bad the other parties are.

In this particular instance, I would urge my colleague that if there are concerns that his very able representative has, the member for Beloeil—Chambly, those are best dealt with at committee.

Royal Canadian Mounted Police ActGovernment Orders

May 17th, 2019 / 1:10 p.m.
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Conservative

Colin Carrie Conservative Oshawa, ON

Mr. Speaker, the hon. member for Scarborough—Guildwood did bring up a little bit of an issue with regard to the partisan environment here in the House. That is the way it works, but he seems to be really frustrated that we in the opposition are not even able to ask questions and debate in the House, which I think is a fundamental principle that we have here. The reality is that the member has been here a long time, or as some of his constituents would say, “a very long, long, long, long time”, so he knows how it works. He knows that it is the House leader who brings this forward.

Frankly, the member makes it sounds as if the government is very busy, but at the same time in our mandate our previous Conservative government had passed over 50% more bills. To put it bluntly, as far as getting bills that receive royal assent is concerned, the Liberals have passed 63, while at the same time in our mandate it was 97. That tells us that the government is not very efficient.

Why did the Liberals wait three and a half years to put this through, and put it through with less than 20 days? We do have the right to debate this legislation, and I do have a concern about it. The union was not consulted in the drafting of this bill. They were not even consulted about the conceptualization, and I have to say that I think Canadians really respect those men and women with Canadian border services.

My question to the member is this. If the Liberals have not listened to the men and women on the ground who are going to be affected by this, at this stage of the game, how are they going to allow them to have input in this very important piece of legislation if he just wants to push it through and the voices of their representatives cannot be heard here in the House?

Royal Canadian Mounted Police ActGovernment Orders

May 17th, 2019 / 1:15 p.m.
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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, the hon. member is right; I have been here a long time. For some bizarre reason the people of Scarborough—Guildwood keep sending me back here. I am rather hoping that they will do it one more time.

My comments are directed to the issue of House management, and House management is an all-party function. When we take up endless amounts of time over what is perceived to be party positioning or party advantage, we actually waste House time. Possibly one of the reasons that the number of bills passed is not up to the previous Harper standards is that the opposition has spent a lot of time talking about partisan issues rather than getting to the issue.

The issue itself about the unions is a legitimate point. I expect that the unions will be before the committee, if not as the number one witnesses, then certainly as the number two witnesses. I cannot really comment on whether they were consulted because this is not the forum in which to address that issue. The forum to address that issue is at committee itself. If the hon. member wishes to send me, as chair of the committee, the name, address and location of the union people whom he thinks need to be heard from, I am more than happy to have them come as witnesses.

Royal Canadian Mounted Police ActGovernment Orders

May 17th, 2019 / 1:15 p.m.
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Winnipeg North Manitoba

Liberal

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

Mr. Speaker, being a distant part of the House management team to a certain degree, I am very sympathetic to what my colleague is talking about.

One thing I would point out is that on many occasions when there is political will and consensus, we have seen bills pass at all stages in one day. The potential of the House to pass legislation is fairly significant.

Like the member, I also have been listening to the debate and everyone in the chamber seems to recognize the true value of this legislation for Canadians as a whole. There is always the opportunity and it is never too late. We still have 20 more sitting days after this. There is plenty of time. If there is the political will on the opposition benches, it is truly amazing how quickly this bill could go through.

There have been NDP and Conservative initiatives that have also sped through the system. House management includes all political parties.

Royal Canadian Mounted Police ActGovernment Orders

May 17th, 2019 / 1:15 p.m.
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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, I have absolute confidence in the hon. member's contribution to the flow of legislation through the House.

We are getting to the end of a Parliament and frankly, we should be looking in the mirror. There are times that this place is thoroughly dysfunctional. It is even dysfunctional on things that we agree on, which is really quite sad.

Moses came down with the Ten Commandments. I am sure that we could have at least four weeks' worth of debate, whether it should be 10 commandments, or 20, or two, for no particular advantage to the Canadian people.

I wish that the bill would come to our committee sooner rather than later. I would urge hon. colleagues over the course of this afternoon to reflect on the fact that if we are to have any chance of seeing Bill C-98 receive royal assent, the bill needs to move along and it needs to move along today.

Royal Canadian Mounted Police ActGovernment Orders

May 17th, 2019 / 1:15 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

Before we resume debate, I will let the hon. member for Durham know that there about 10 and a half minutes remaining in the time for Government Orders this afternoon. That is of the 20 minutes he would normally get and we will give him the usual indication when we get close to 1:30 and the interruption.

The hon. member for Durham.

Royal Canadian Mounted Police ActGovernment Orders

May 17th, 2019 / 1:20 p.m.
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Conservative

Erin O'Toole Conservative Durham, ON

Mr. Speaker, it is a privilege to follow my friend from Scarborough—Guildwood, who has had millions of minutes in this chamber. However, I am at a loss to ascribe any real substance to those minutes, despite the fact that I hold him in great affection. He has been very helpful on some projects related to veterans, and on that matter, maybe he can help get the Afghan monument finally done.

I share the comments from a lot of people today in that I have frustration with when the bill is being put forward. I think all members of this chamber have tremendous respect for the men and women who wear the uniform of the RCMP or wear the uniform of the Canada Border Services Agency, CBSA, who would be impacted by the bill. Nothing shows a lack of priority like introducing bills when the tulips are coming up here in Ottawa. This is when we are in the final weeks of the parliamentary sitting, and so when the government introduces something in this time period, it shows how much it has prioritized it. If the Liberals are doing that in the fourth year of their mandate with literally a few weeks left in the session, it actually shows disdain for the underlying issues of the bill when they have had four years related to it.

My friend from Scarborough—Guildwood was suggesting that we needed to stay in our partisan lane and was bemoaning the fact that we are decrying the lack of consultation and lack of prioritization by the government, but the Liberals have left us no choice. We do not even think, at the pace things are going, that this will be substantially looked at in committee, despite his nice offer to take phone numbers of union members who were ignored in the preparations behind the bill. We will not even be able to get time to hear from them, and that is amiss, because our job as an official opposition is to hold the government to account, critique and push for better. I should remind my friend, the Liberal deputy House leader, that better is always possible, and this is an example.

The bill was introduced on May 7, 2019, literally in the final weeks of Parliament, much like Bill C-93, another public safety bill, which was introduced in the same month. What is shocking is that these are areas the Liberals have talked about since their first weeks in government. In fact, the marijuana pledge is probably the only accomplishment of the Prime Minister in the Liberals' four years in government, and they are putting the cannabis records suspension bill to the House in the final weeks. Who have they not consulted on that? It is law enforcement, which is really quite astounding.

Canadians might remember that in the first few months of the Liberal government, back in 2015-16, the Liberals were fond of consultations, which I think my friend from Sarnia—Lambton and others have made note of. In fact, there were little vignettes created saying, “We're going to consult. We're going to have public consultation.” I guess after that the Liberals stopped doing it entirely.

My real concern in the matter of public safety and security bills is that the CBSA alone will be swept into elements of Bill C-98 and the 14,000 people in that department, including the almost 7,000 uniformed people at 1,200 locations across this country, should be consulted on a substantive piece of legislation that would impact them. They were not. In fact, the Customs and Immigration Union has been demanding to be consulted, and not at the committee stage in June, a few days before Parliament may rise and go into an election. They should have been consulted prior to drafting the legislation. That is the real problem I have with this.

It is the same with the cannabis record suspension legislation, which is another public safety bill being thrown into the mix in the final weeks. The Canadian Police Association was not consulted. Tom Stamatakis, the president, had this to say:

Were we directly consulted? Not in an extensive way. We had some exchanges, but we didn't have a specific consultation with respect to this bill.

It is the same now with Bill C-98. The underlying people impacted by it, including members of the Customs and Immigration Union, were not consulted on the bill.

We also see other important pieces of public safety legislation still lingering in the legislative process. For example, Bill C-83, legislation to amend the Corrections and Conditional Release Act, is now at committee. That committee is already charged with other legislation from the final year of the government.

A lot of us are watching Bill C-59 as well, a quite comprehensive, almost omnibus bill on national security. It is in the Senate committee. I have been advocating on that bill with regard to the no-fly list, supporting the good work done by the families of the no-fly list kids to make sure that we can have a system to remove false positives and remove children from this list, which is ineffective in terms of public safety if it has tons of erroneous and duplicative names on it.

It is also substantially unfair to Canadians, especially young children, when they are impacted by being on the no-fly list. We need a mechanism for them to take themselves off the list. That is in Bill C-59. I am publicly urging Senate colleagues to make sure they do a proper review, but get it done quickly.

As we can see, there is already a backlog of public safety and security legislation in Parliament now, not to mention a number of other bills being introduced in May.

Stepping out of the public safety area for a moment, it should also concern Canadians that some of the signature issues for indigenous Canadians also had to wait until the final months of the government. They include child welfare legislation, which I think I spoke about in this place maybe 10 days ago, and the indigenous language bill, which was also tossed in at the end of the year when the flowers are coming up here in Ottawa.

That is a lack of respect. It shows there is a priority given to speech, imagery and photos with the Prime Minister, and a lack of priority given to action on public safety issues and on issues related to reconciliation. Governing is more than lofty language. It is delivering on the priorities for Canadians and the things they need.

To review, I would like to see substantive committee time for Bill C-98 so that the Customs and Immigration Union can be properly consulted. The same goes for the RCMP. In fact, I was the public safety critic before I took a little diversion and a national tour to get into a leadership race. We actually worked with the government on Bill C-7, which was the RCMP union bill. We have tried to work with the government, particularly when it comes to uniformed service members. In fact, we pushed for amendments to Bill C-7 so that there would not be a hodgepodge approach to workers' compensation for our RCMP men and women and so that there would not be different standards in different provinces. These are important bills, and people should be consulted.

I would also urge the former chair who spoke, the member for Scarborough—Guildwood, to make sure that adequate time is given. Despite the government's claim that it would never use time allocation and never use omnibus bills, we have seen it use these measures literally by the week. The government House leader appears to relish it now. My friend the deputy House leader wishes he could erase all the speeches of outrage he gave in opposition about the use of time allocation and omnibus legislation, because now he is part of the government House leader team that the member for Scarborough—Guildwood blamed for the delay that we have with these bills, and he uses it with relish.

Let us make sure we have the proper committee time to look at the changes to the RCMP Act and the CBSA Act to 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 in Bill C-98. The consultation should have been done first, but to do this properly, the committee debate time cannot be rushed. We will work with them, but we want to make sure the people impacted are part of the committee review process.

Royal Canadian Mounted Police ActGovernment Orders

May 17th, 2019 / 1:30 p.m.
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Conservative

The Deputy Speaker Conservative Bruce Stanton

There will be nine and a half minutes remaining in the speech by the hon. member for Durham when this bill is next debated in the House and an additional 10 minutes for questions and comments.

It being 1:30 p.m., the House will now proceed to the consideration of Private Members' Business as listed on today's Order Paper.

The House resumed from May 17 consideration of the motion that 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, be read the second time and referred to a committee.

Royal Canadian Mounted Police ActGovernment Orders

May 29th, 2019 / 5:25 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

Resuming debate, the hon. member for Durham has nine and a half minutes left from his original speech.

Royal Canadian Mounted Police ActGovernment Orders

May 29th, 2019 / 5:25 p.m.
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Conservative

Erin O'Toole Conservative Durham, ON

Madam Speaker, this is a continuation of my remarks on Bill C-98 from over a week ago.

I would be remiss if I did not note my disappointment with the last vote. This was an opportunity for the government, with a Prime Minister who said that the government would be transparent by default, to release the critical document in the Admiral Mark Norman affair, the memo from Michael Wernick, from the early days, on why Mr. Norman was picked out of 73 people on a PCO list. Mr. Wernick is not a lawyer, so it is not legal advice. Canadians know Michael Wernick and they know the SNC-Lavalin affair.

Unredacting that memo would have been a gesture of goodwill on the part of the government, in light of the fact that the Crown had to admit in court that it had no reasonable prospect of success at trial. After the terrible ordeal Mr. Norman has been through, that would have been a nice recognition. I have to say that I was disappointed.

As I was saying in my previous remarks, one of the main issues I have with Bill C-98, and with some of the bills we are debating now, in the final days of this Parliament, is the fact that if the bill were coming here after robust consultations with the people affected, we might be in a position to say that this is legislation that is in the long-term interest of the RCMP and other groups caught by the legislation, but it is not.

Bill C-98 is another example of legislation related to public safety, related to peace officers and related to police officers that misses the mark yet again. It is unfortunate, because as the minister would know, we tried, in good faith, at the beginning of this Parliament, to work with the government on these issues.

The minister would remember Bill C-7, the RCMP unionization bill. We worked with the government, and thanks to the member for Beaches—East York, it accepted our recommendations to make the provisions of Bill C-7 more equitable for members, regardless of what province they were in with respect to workplace injuries, rehabilitation and supports. On legislation related to the RCMP, we provided substantive input that helped with that legislation.

Canadians see at the end of this parliamentary session that we are getting a little raucous and a little feisty. An election is on the horizon. I will remind them that at the beginning of this Parliament, when it came to the RCMP, in light of a Supreme Court decision—

Royal Canadian Mounted Police ActGovernment Orders

May 29th, 2019 / 5:30 p.m.
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NDP

The Assistant Deputy Speaker NDP Carol Hughes

I am sorry, but I have to interrupt the member. The hon. member for Durham will have six minutes and 10 seconds the next time we debate this legislation, which will be after the debate on Private Members' Business.

It being 5:30 p.m., the House will now proceed to the consideration of Private Members' Business, as listed on today's Order Paper.

The House resumed from May 29 consideration of the motion that 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, be read the second time and referred to a committee.

Royal Canadian Mounted Police ActGovernment Orders

June 12th, 2019 / 6:30 p.m.
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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Madam Speaker, it is a privilege, as always, to rise in the House and speak to legislation. As we near the end of this parliamentary session, one that precedes an election, we really should be wrapping up work rather than starting new work, as we all know.

Bill C-98 proposes to repurpose and rename the Civilian Review and Complaints Commission for the RCMP to the “Public Complaints and Review Commission” and expand its mandate to review both the RCMP and the Canada Border Services Agency.

In 2017, I began working as a member of the Standing Committee on Public Safety and National Security. In studies on the border agency and when the agency came up in discussions on another bill, Bill C-21, the issue of oversight and complaints was discussed. Professor Wesley Wark, from the University of Ottawa, who was previously a special adviser to the president of the Canadian border security agency said:

...the committee should encourage the government to finalize its plans for an independent complaints mechanism for CBSA. There have been discussions under way about this for some considerable time now.

We were told that the minister already had a plan back then, was already dealing with it and that we did not need to. During his appearance at the Senate committee regarding the border security's oversight, the minister said:

The CBSA, however, does not have independent review of officer conduct, and that is a gap that definitely needs to be addressed....

Mr. Chair, while I agree absolutely with the spirit behind Bill S-205, I cannot support its detail at this time for—