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

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

Mr. Speaker, I would like to begin my speech with this thought: a government that is constantly embroiled in scandal cannot be effective. That is why we need to examine Bill C-98 at the last minute.

I am pleased to rise in the House to speak to Bill C-98, an act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act.

This bill renames the Civilian Review and Complaints Commission for the RCMP. It would henceforth be known as the “public complaints and review commission”. It would also be responsible for reviewing complaints filed by the public against the Canada Border Services Agency.

This bill delivers on a Liberal campaign promise that there would be an oversight body for all Canadian law enforcement agencies. The Prime Minister will then be able to say that he kept the promise he made in 2015. However, the only thing the Prime Minister will be able to do is claim that he kept his promise.

The Parliamentary Secretary to the Minister of Public Safety and Emergency Preparedness was just practically on his knees begging the opposition to hurry up and pass the bill. The end of this Parliament is quickly approaching, and it will obviously be impossible to get the job done properly. Unfortunately for the Liberals, they will be unable to keep their promise because they did not manage their time properly.

We are not opposed to Bill C-98, but there is still work to do. Right now, the Standing Committee on Public Safety and National Security is stretched to the limit because, as the parliamentary secretary mentioned, it is currently examining a number of public-safety-related bills. The committee is still studying C-93. I do not see how the committee will be able to examine Bill C-98 on top of everything else it still has to do.

We need to get serious if we want the job to get done properly. The problem the Canada Border Services Agency is currently dealing with was caused by the Prime Minister's infamous tweet of January 2017. The Auditor General looked into the matter and, regardless of what the government says, he confirmed that the Prime Minister's tweet resulted in a huge influx of people at the border. Nearly 40,000 people have crossed our border illegally over the past two years. That has caused major problems for border officers on the ground and for the Canada Border Services Agency, which has had to deploy an incredible number of resources. They are still permanently deployed to Roxham Road.

The border management system is overloaded, and that is causing problems. Our border officers are doing their best. However, this type of situation, which was created by the Prime Minister, sometimes makes it difficult for them to do their job properly because of the higher-than-normal volume of border crossers.

The government is having a hard time making progress because it has to deal with scandal after scandal. We cannot forget the infamous trip to India, when the Prime Minister made Canada a laughingstock for a week. We never understood, and still do not understand, why the Prime Minister brought his wife and kids on that totally meaningless trip. Canada was humiliated, and that is what sparked the scandal. In India, the Prime Minister was photographed with a known terrorist who spent time in prison and was the invited guest of our government. The Standing Committee on Public Safety and National Security had to spend a lot of time managing that file and had to meet with former national security adviser Daniel Jean.

Sometimes the government wants to rush things. The Liberals tell Canadians that they are there for them, but let's not forget what happened in the past three and a half years.

Quebeckers will not forget what the Liberals did to Davie. Today, both Liberal MPs from the Quebec City area are claiming that they awarded a $700-million contract to Davie, but the opposite is true. The PMO's first decision was to do everything it could to cancel the contract given to Davie by the Conservative government in July 2015.

The news spread. Fortunately, as a result of the pressure we applied, the government finally signed the contract. Technically, this government gave Davie the contract, but it was the Conservatives who awarded it. Let us remember that the Liberals did everything they could to cancel it. Fortunately, they failed. Had the Prime Minister succeeded, 1,000 jobs at Davie shipyard, in the Quebec City area, would have been at risk.

The Liberals are now trying to smooth things over. They are trying to find contracts so they can say that they are looking after Davie and they believe in the company. However, we must never forget what happened. Let's never forget that Vice-Admiral Norman, Commander of the Royal Canadian Navy, paid the price for the government's political games. His career was destroyed.

This unbelievable mess has been playing out for three and a half years. Now, the Liberals are asking us to support Bill C-98. They are telling us that this is very urgent, and they are asking us to help them get this done before the end of their term.

Why should I rush and cut corners, like they do all the time? Why should the NDP cut corners? Why should we agree to help the government, which does what it wants and now needs our help?

There are certain things that could be done for the benefit of Canadians, but in this case, I see no need. They waited four years to act. On October 22, the new Conservative government will be able to get this done right.

The worst part is that we actually support Bill C-98. It is an administrative measure that is consistent with our complaint handling system. We have no problem supporting it. What we do have a problem with is the government's approach. We are certainly not about to run interference for a government that has lurched from one scandal to another and has tried in various ways to hurt Quebec, my home province. As I said, we are certainly not about to cut corners to help them.

Another issue is that Bill C-98 is being introduced to allow members of the public to file complaints about services provided by the Canada Border Services Agency. As I said at the beginning of my speech, if there are any problems with our officers in the field, it is because the Prime Minister did not help the situation. He created a huge problem, and for the past two years, it has been utter chaos.

The agency does everything it possibly can to keep our borders safe. We certainly do not want to suggest that we need to pass this bill quickly so that people can file complaints against our CBSA officers. That would send the wrong message.

The message we do want to send is that there are so many problems related to officers that people need to be able to file a complaint, and if any officers are having problems, if they are having difficulty doing their jobs, it is because of this government's decisions and the way in which it is managing our country and our borders.

We are not willing to cut corners. We are not willing to concede that this is such an urgent matter that we need to cancel the committee meetings that are already under way and set aside the other bills being studied in order to fast-track this one.

There is another reason we cannot get on board with this even though we support the principle of Bill C-98. For two years, every time we asked questions about the border, they hurled every insult in the book at us. They called us racist and accused us of fearmongering. They said we slashed budgets by $300 million and blamed us for management and resource problems, but the reports my colleague found put the lie to that. Yes, there was rationalization. Yes, there were changes at CBSA under the Conservative government, but it was all at the administrative level and had no impact whatsoever on the work of front-line officers.

On the contrary, one important decision the Conservatives made at the time was to bring back land border offices. Before that, there was a night officer on duty, which is crazy when you consider the kind of danger that poses to officer safety. Now there are always at least two people at each post. The Conservatives also decided to arm customs officers.

Conservatives do not just talk about security; we take concrete steps to ensure security. The laws we passed to crack down on criminals were undone by the Liberals.

I can support the bill, but I cannot support a government that says one thing and does another, a government that attacks us for trying to earn back the esteem of Canadians, while everyone knows that the problems we are having are due to this government's mistakes and terrible decisions.

I would not want Canada Border Services Agency officers to hear that we need to pass this bill right away in order to allow people to file complaints against them when the union has not even been consulted. The union should at least have been consulted. The Liberals had four years to get their ducks in a row. They did not even bother to consult the union to say that they were moving in this direction. There was no consultation. These are the things we have a hard time understanding.

As an hon. NDP member said in his question, given the vast resources at the government's disposal, it is hard to believe that the task was simply too daunting. It is obvious that this is a simple administrative measure, and a carbon copy of the one involving the RCMP, to boot. As such, I believe this is all just political rhetoric in an attempt to once again rush through an important bill.

A few weeks before the end of the parliamentary session, the Liberals are trying to make Canadians believe that passing Bill C-98 is a national emergency, when that is not true. They did nothing for four years. There was another national emergency yesterday but now it seems to have passed. Now there is a new emergency, and this bill has to pass in a hurry so the opposition needs to be on board.

That is not going to work. There are times when we are willing to collaborate, but we will not be made fools of. There is no cause to treat the official opposition, the NDP, the Bloc Québécois or the Leader of the Green Party like fools. Let us be professional. No one can claim that this file was handled in a professional manner. It was bungled from the start.

What is more, we know very well how this works. Even if we wanted to hastily push the bill through, it still has to go through the regular legislative process and all that that entails. Bill C-93 is still being examined in committee. It is technically impossible to complete the study of the bill in committee, send it to the Senate and have it passed there in the few weeks that remain in the session. It would take until August to complete the process properly.

The government messed up in the case of Bill C-98. The Liberals were unable to get the job done properly in the time allotted. Rather than being professional, this government has been caught up in scandal after scandal. It lost a tremendous amount of time because the Prime Minister was not and is still not ready to govern. Even if we support Bill C-98, it is not so urgent that we need to skip any steps. I am asking the government to do the job properly if it wants the official opposition to co-operate.

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

Mr. Speaker, I thank my colleague for her speech. I can see that the government is in a hurry to pass Bill C-98.

Can my colleague tell us why the government waited nearly four years to introduce this bill? It introduced the bill at the eleventh hour, even though it was a 2015 election promise.

I would also like to know why the government did not consult the Customs and Immigration Union while drafting this bill.

[Karen McCrimmon, Liberal, Kanata—Carleton, ON]

Mr. Speaker, since the fall of 2016, our government has been dramatically reshaping Canada’s security and intelligence apparatus to ensure that it has the authorities and the funding it needs in order to keep Canadians safe. At the same time, we have been ensuring that those agencies, which we trust with tremendous power, have strong and robust independent review mechanisms so that the public can be confident that they are using their powers appropriately.

These mechanisms instill confidence in the public that these agencies are using their powers appropriately. Since 2018, following the passage of Bill C-22, the National Security and Intelligence Committee of Parliamentarians, or NSICOP, has been reviewing classified national security information. The committee, which is formed of three senators and eight elected members of Parliament, recently released its first annual report. This brings Canada into line with all four of our other Five Eyes alliance allies when it comes to parliamentary or congressional review of national security activities.

Bill C-59, which is currently awaiting third reading debate in the Senate, would create a national security and intelligence review agency. This would be a stand-alone review body that would incorporate the existing Security Intelligence Review Committee, or SIRC, which reviews the Canadian Security Intelligence Service, CSIS, and the Office of the Communications Security Establishment Commissioner, which reviews the Communications Security Establishment, CSE.

The agency would also have the powers and authorities to review any department with a national security function. Some academics and experts have dubbed this idea a “super SIRC“. They have argued for years that such a body is needed so that it can follow the thread of evidence from one department to another rather than ending its investigation at the boundaries of a single agency. The Federal Court has also suggested that this kind of super review agency needs to be created. We have done all of this so that Canadians can be confident that our security and intelligence community has the tools it needs to keep Canadians safe.

This brings me to Bill C-98. The one piece missing from this review architecture puzzle, should Bill C-59 pass, of course, is an independent review body for non-national security-related reviews of the Canada Border Services Agency, or CBSA. Bill C-98 would fill in that gap by creating PCRC, or the public complaints and review commission.

The new agency would combine the existing review body for the RCMP, known as the Civilian Review and Complaints Commission, CRCC, with the yet to be created review body for the Canada Border Services Agency. It would add a mandatory new deputy chair position to the new agency. Budget 2019 has provided nearly $25 million over the next five years to ensure there is enough staff to take on this new important role.

I would now like to walk members through how the PCRC would work in practice. A Canadian who has a complaint about the actions or behaviour of a CBSA member would lodge a complaint with either the Canada Border Services Agency itself or the PCRC. Regardless of where it is filed, one agency would alert the other to the complaint. There will be no wrong door for Canadians to knock on. The system will work for them in either case.

The CBSA would then be required to investigate every complaint, much like the existing CRCC does for the RCMP. If the chair believes it would be in the public interest to do so, the PCRC can initiate its own investigation.

The vast majority of complaints to the CBSA are already handled to the satisfaction of the complainant. For those who are not satisfied, complainants would be informed that they can request a subsequent complaint review from the fully independent PCRC. The review agency would have full access to documents and the power to compel witnesses in order to ensure it can undertake a thorough investigation. If, upon review, the PCRC were not satisfied with the CBSA's investigations and conclusions, it would make a report with any findings and recommendations.

There are several areas that the CCRC would not be able to investigate because there are already existing bodies which could handle those types of complaints. For instance, officers of Parliament like the Privacy Commissioner and the Commissioner of Official Languages are best suited to deal with complaints that fall within their jurisdiction.

Should someone file a complaint with the CBSA or the CCRC that falls within those realms, either body would decline the complaint but inform that individual of the proper course of action.

The chair of the new PCRC would be able to conduct reviews of CBSA activities, behaviours, policies, procedures and guidelines not related to national security. National security reviews would, of course, be handled by NSIRA. The Minister of Public Safety could also ask the agency to undertake such a review.

In addition, the PCRC would be notified of any serious incident in which the actions of a CBSA officer may have resulted in serious injury or death. This includes immigration detainees who are being held in provincial corrections facilities on behalf of the CBSA. Further, the Minister of Public Safety or the president of the CBSA may deem that in incidents of such significance, the PCRC must investigate.

Bill C-98 would complete the review architecture for the public safety portfolio by creating a review body similar to the Civilian Review and Complaints Commission for the RCMP, or the Office of the Correctional Investigator for Correctional Service Canada. This is another important step that would ensure Canadians have confidence in our border agency. However, it is far from the only improvement that our government has made over these past four years.

Let us take, for instance, the new immigration detention framework and its focus on best rights of the child, increased resources to combat gun and opioid smuggling at the border, and new money for detector dogs that will help to ensure African swine fever-contaminated meat does not enter Canada and decimate the stock of pork producers.

There is the new entry-exit legislation, which closes a major security gap by allowing us to know when someone is leaving the country, and the new Preclearance Act, which allows for the expansion of pre-clearance sites in all four modes: air, land, marine and rail. In addition, this act provides cargo pre-clearance to reduce wait times at the border.

Our government takes the security of Canada’s border seriously and knows that it not only needs to be secure from threats that would enter, but also be open to the legitimate travel and trade that drives our economy.

The time left in the 42nd Parliament is, unfortunately, growing short, and I am convinced that this piece of legislation would be, by leaps and bounds, an improvement over the status quo. There is a reason we committed to doing this particular action. We know that having independent oversight bodies will make a difference. We have worked hard to make that happen with the RCMP, and now our other national security agencies have the same kind of mechanisms. It is all about instilling confidence in the public that the powers our national security agencies have are being used appropriately and that their privacy, rights and freedoms are being respected. At the same time, our national security agencies are working hard to keep them safe.

One of the most significant steps forward was the implementation of Bill C-22 and the National Security and Intelligence Committee of Parliamentarians, because now we have representatives from Parliament actually having access to classified security information and making judgments about where we should go, what the priorities are and what the major threats are, and the committee members can share that information among themselves in a non-partisan way.

The chair of the National Security and Intelligence Committee of Parliamentarians went before committee and talked about the work it does. It has issued its first annual report. The chair talked about the ability of this committee of parliamentarians to act in a non-partisan nature. That is what allows it to do the kind of work we need it to do. There are three senators and eight elected members of Parliament, and it is working. The other Five Eyes alliance countries have a parliamentary or congressional review body, and now Canada does too.

Bill C-59, which we have talked about, would create the national security and intelligence review agency. This stand-alone body would incorporate the existing Security Intelligence Review Committee, which reviews CSIS, and the Office of the Communications Security Establishment Commissioner, which reviews CSE. Having this review function under one single umbrella would give it the flexibility and ability to focus where it believes it needs to be done. It would also have the power and authority to review any department with a national security function.

I like the name super-SIRC. I think it is representative of what we are trying to do, which is create an oversight organization that has the bandwidth and authority to review any national security agency's work to make sure that it is being done in terms of the legal authorities it has and that also has the ability to go across national security agencies if it needs to find information that pertains to a particular issue.

We have argued for years that we needed such a body that could follow a thread of evidence from one department to another, from one national security agency, across boundaries, to another. Even the Federal Court agrees that this kind of review agency needs to be created.

It comes back to having national security agencies that have the confidence of their people. I believe that now, with these independent oversight agencies that have been put in place, Canadians can be confident that our security and intelligence community has the tools to keep them safe while at the same time respecting their privacy, respecting their freedoms and respecting their rights.

The Canada Border Services Agency was the last piece. In Bill C-98, we would create the public complaints and review commission, the PCRC. This new agency would combine the existing review body for the RCMP, known as the Civilian Review and Complaints Commission, with the yet to be created review body for the CBSA. It would add a mandatory new deputy chair position to the new agency.

I would like to walk the members through how the PCRC, the public complaints and review commission, would work in practice.

A Canadian who had a complaint about the actions or behaviour of a CBSA member would lodge a complaint with either the CBSA itself or with the public complaints and review commission. There would be two options to file a complaint. The system would be designed so that once a complaint was filed with one agency, it would automatically be transferred to the other agency. Both would know what was going on, and both would be responsible for addressing the particular complaint. On top of that, even if a complaint had not been issued, if the chair of the public complaints and review commission believed that it was in the public interest to do so, the public complaints and review commission could initiate its own investigation.

If one submitted a complaint to the CBSA and was not happy with the result, one could request a subsequent complaint review by the fully independent public complaints and review commission. This would give the agencies two opportunities to address complaints from the public. This review agency would have full access to documents and the power to compel witnesses to ensure that it could make a thorough investigation.

I am convinced that this piece of legislation is, by leaps and bounds, an improvement over the status quo. While some may want to improve some parts, I think most of us would agree that Canadians would be better off if this bill were to receive royal assent before we rise this summer. As we all know, Parliament can move quite expeditiously when we are all of a mind to do something in the public interest. If any of my colleagues in this chamber, on either side of the aisle, would like to discuss the prospects of this bill's passage, I would be pleased to have that conversation with them.

[Pablo Rodriguez, Liberal, for the Minister of Public Safety and Emergency Preparedness]

moved 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.

Business of the House

[Bardish Chagger, Liberal, Leader of the Government in the House of Commons]

Mr. Speaker, this afternoon we will resume debate on government Motion No. 29, the national climate emergency. Hopefully the Conservatives will find a way to support the environment.

Tomorrow we will begin debate at second reading of Bill C-98 concerning the Canada Border Services Agency.

Next week, we will be in our ridings working with our constituents.

When we come back, priority will be given to bills coming back from committee and those that have been returned to us by the Senate.

I wish all members a good week in their ridings. I know that we will continue to work for Canadians. We, on this side of the House, will continue to represent their interests.

[Matthew Dubé, NDP, Beloeil—Chambly, QC]

Here is my last question.

We haven't yet had the opportunity to study Bill C-98 in depth, because it was tabled yesterday. Will it affect the section of the omnibus bill that we are currently studying?

Royal Canadian Mounted Police Act

[Ralph Goodale, Liberal, Minister of Public Safety and Emergency Preparedness]

moved for leave to introduce 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.

(Motions deemed adopted, bill read the first time and printed)