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 is from 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 has also written a full legislative summary of the bill.

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.

Similar bills

C-20 (current session) Law Public Complaints and Review Commission Act
C-3 (43rd Parliament, 1st session) 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

Elsewhere

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

The Public Complaints and Review Commission ActGovernment Orders

June 10th, 2024 / 7:25 p.m.


See context

Conservative

Kelly Block Conservative Carlton Trail—Eagle Creek, SK

Mr. Speaker, I am absolutely pleased to have the opportunity to rise today to speak to Bill C-20, an act establishing the public complaints and review commission and amending certain acts and statutory amendments. This legislation would rename the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police to the public complaints and review commission.

Under its name, the commission would be responsible for reviewing civilian complaints against the Canada Border Services Agency; codified timelines for the RCMP and CBSA responses to PCRC interim reports; reviews and recommendations; information sharing between the RCMP, CBSA and the PCRC; mandatory annual reporting by the RCMP and CBSA on actions taken in response to PCRC recommendations; mandatory reporting of disaggregated race-based data by the PCRC; public education; and a statutory framework to govern CBSA responses to serious incidents.

On the surface, it may appear we are discussing the specifics of some new entity the government is creating to expand the bureaucracy. I would not blame anyone for assuming that, given it is often how the bloated Liberal government responds. However, the sentiment behind this bill is a good and responsible one.

While Conservatives may still have some concerns with this bill, I believe our amendments made at committee did improve it. This legislation seeks to increase people's confidence in the justice system and hold to account those who ensure our safety and who secure our borders. Anyone put in a position of authority can either use it appropriately or inappropriately, including public servants entrusted with protecting Canadians. They are responsible for properly exercising their duties and must be held accountable for their actions.

This includes employees at the Canada Border Services Agency, an agency entrusted with supporting national security, public safety priorities and dictating who and what enters or leaves our country. CBSA is the only public safety agency without an independent oversight body for public complaints. This has been deeply concerning for all those who cross our borders and interact with border officials, including CBSA employees themselves, which is why Bill C-20 seeks to correct this.

Frankly, this piece of legislation is long overdue, as we have heard. The Liberal government introduced this bill in the 42nd Parliament as Bill C-98 and in the 43rd Parliament as Bill C-3. However, it was never given priority in Parliament by the Liberals. I would be remiss not to mention it was a promise in their 2015 platform. This speaks to either their disingenuousness or their incompetency when it comes to addressing important issues and following through on their commitments. It is also very telling of the NDP-Liberal government's priorities when it puts off initiatives that would protect Canadians in order to focus all its energy on finding new ways to spend taxpayers' money.

While I will be voting for this legislation, I still have some concerns about it. The first is that Bill C-20, in its current form, does not reflect many of the recommendations offered to improve it. This bill was studied at committee to provide stakeholders with the opportunity to raise their concerns and flag various problems with it to members of Parliament and even make recommendations, not so that Liberal MPs could have an audience to watch them give the impression they cared. When indigenous chiefs and the National Police Federation, on behalf of the RCMP, suggested changes be made, Liberals voted against Conservative amendments that reflected the experts' recommendations.

Another concern that remains unaddressed is the lack of independence. The current complaint process results with most complaints about the RCMP being referred to the RCMP. Given the Liberals' record, they clearly do not understand the need for independence, and so I will explain it for their sake.

The reason the police cannot investigate the police is pretty much the same reason that a prime minister should not investigate himself or herself. An independent body is necessary to ensure professionalism and impartiality and build public trust. If the investigator has no vested interest in an investigation, their only allegiance is to the truth, thus ensuring Canadians can trust the process. The PCRC not only ought to, but needs to, be able to conduct its own investigations using its own investigators, which must be reflected in Bill C-20.

Even if self-conducted investigations were always completely honest, there is still the problem of perception. If people are afraid to file complaints or believe that, in doing so, they do not have any hope of their complaints' being dealt with, the issues that should be raised will not be addressed. I cannot think of anyone who would file a complaint to the person whom the complaint is about, for obvious reasons. To build trust, investigations must not only be internally transparent, fair and independent, but they must also appear so externally. A fully independent commission is not only good for those filing complaints, but for all Canadians, including the RCMP themselves.

The Liberal-NDP government's soft-on-crime policy has led to skyrocketing rates of violent crime and auto theft. Many Canadians, especially those in rural Canada and remote areas like my riding of Carlton Trail—Eagle Creek, look to the RCMP for protection of their persons and their property. The Liberal-NDP government's policies are creating chaos, making the RCMP's job more difficult.

The RCMP is essential to keeping our country and its people safe and to maintaining law and order. To do this, RCMP officers need to be on the front lines, doing the important work that they were trained to do. The bureaucratic paperwork that comes with dealing with complaints is taking up our valued officers' time. The RCMP officers cannot protect Canadians if they are stuck behind a desk in a cubicle somewhere. Clearly, supporting a commission independent of the RCMP not only ensures fairness, but efficiency as well. The intent of this bill is to lighten the bureaucratic burden of the RCMP and ensure justice and transparency. However, the execution is not the best. It can be better, and that is where the heart of this debate lies.

The Liberal-NDP coalition refuses to take constructive criticism. Conservatives embrace legislation that makes positive changes for the good of the country. We listened to stakeholders and worked with other parties when they put forward good suggestions. We introduced amendments. Obviously, we were not going to agree on everything, but our goal should be, and indeed it is our duty as parliamentarians, to ensure the safety and security of Canadians. These are all important issues and I am sure that the members of the costly coalition would say that they agree that the safety and security of Canadians is the most important. However, actions speak louder than words. By doing nothing for nine years after promising to put the bill in place in 2015, refusing to improve the bill by listening to stakeholders and addressing their concerns and now rushing this legislation through because of their own incompetence, the Liberals show how unserious they are and Canadians will not be fooled.

Conservatives are committed to continuing to work on these important issues. The question truly is, are the Liberals committed? If they are, can they organize themselves enough to put aside their other pointless endeavours and fix their flawed legislation so that it can be passed, once and for all?

Public Complaints and Review Commission ActGovernment Orders

June 6th, 2024 / 6:45 p.m.


See context

Conservative

Eric Melillo Conservative Kenora, ON

Mr. Speaker, it is a pleasure to rise again today and speak, this time to Bill C-20, the public complaints and review commission act. It is an honour to rise on this important piece of legislation. It would establish the complaints and review commission, and it would be amending certain acts and statutory instruments as well.

I was a member of the Standing Committee on Public Safety and National Security for a brief period during clause-by-clause of this bill, so there were many important amendments put forward by all parties to help ensure that we get this bill right. That is the role of committee, and it should be the role of all parliamentarians to get those things right at committee. I appreciate, though we had some hiccups along the way as we always do, the general collaboration to get that completed.

On that note of getting the bill right, it is important that we have a fulsome debate because the bill would help foster public confidence and trust in our federal law enforcement agencies, namely the RCMP and CBSA. Public trust and confidence in all of our institutions is paramount to democracy, but particularly to institutions focused on public safety and national security. It is of the highest importance to ensure that trust is there.

A related issue we are dealing with presently in this chamber is that Conservatives are asking the government to release the names of MPs who are reported to have engaged with hostile foreign nations. However, just this morning, at the public safety and national security committee, the Parliamentary Secretary to the Minister of Public Safety told us, “Boo hoo, get over it.” Comments like this do the opposite of ensuring that there is trust in public institutions, when legitimate concerns are brought forward on something as serious as foreign interference and the involvement of members of this chamber, and the government says to get over it, to look the other way and that there is nothing to see.

Coming back to Bill C-20, I will note that the bill does not really seem terribly important to the government, despite its claims that it needs to be passed. This is the third attempt the government has made to pass the bill, as has been mentioned by members. It was Bill C-98 in the 42nd Parliament, and it died on the order of paper. In the 43rd Parliament it was Bill C-3, but it died when the Prime Minister called an unnecessary early election for his political gain in the middle of a pandemic. Of course, he called that election despite having voted a couple of months before the election to do just that, and I will come back to that a bit later. Clearly, the government says it cares, and its track record says otherwise. The bill has not been a priority for the government to move through.

I want to take a bit of time to talk about what the bill would actually do. It would rename the Civilian Review and Complaints Commission for the RCMP to the public complaints and review commission, under its new name. The Commission would also be responsible for reviewing civilian complaints against the Canada Border Services Agency, the CBSA.

The bill would also codify timelines for RCMP and CBSA responses to interim reports, reviews and recommendations of the complaints commission. There would be information sharing between the RCMP, the CBSA and the commission. The bill would also require mandatory annual reporting by the RCMP and CBSA on actions taken in response to the commission's recommendations, and it would require mandatory reporting of race-based data by the commission. Lastly, the bill would create a statutory framework to govern CBSA responses to serious incidents.

While there would be many positive changes made, there are still a number of concerns that have been raised. First, one of the concerns is that there was a lack of consultation, something that seems to be a recurring theme, unfortunately, for the government. I spoke about this just yesterday in the chamber in regard to Bill C-61.

The government continues to say that it is consulting with first nations and indigenous peoples across the country and that it has a broad-based bill that is supported and co-developed. However, at the same time, we continue to hear concerns raised by first nation leaders impacted by the bill that their voices have not been heard and that they do not want it move forward as quickly as it has been until they have their say and amendments are brought forward. We need to hear from experts on every piece of legislation.

In the case of Bill C-20, various stakeholders, including indigenous chiefs and the National Police Federation, which represents the RCMP, flagged a number of problems with the bill. Most importantly, they felt the current framework, which relies on the RCMP to investigate itself, is insufficient and does not inspire public trust in the process. One particular concern is having police investigate police. The National Police Federation told the committee:

First, the PCRC should end the practice of the police investigating the police. Under the current CRCC model, members of the RCMP are tasked with investigating most of the public complaints filed. It has been noted many times that our members handle these investigations of their colleagues in a professional and impartial manner. However, this does create a perception of bias and possible conflict of interest.

Grand Chief Abram Benedict of the Mohawk Council of Akwesasne, whom I am looking forward to visiting this weekend with the member for Stormont—Dundas—South Glengarry, also expressed concerns about this. He noted that his community makes up 70% of the traffic at a port of entry nearby. He told the committee:

If a traveller complains about a border officer, the likelihood of them having an interaction with that officer again is very minimal, but in my community, it's very high. If somebody complains about an officer's conduct or about the service they received, the likelihood of them encountering that officer again is very high. There's no other border crossing in Canada that would be like that.

Having said that, doing this outside of the agency is definitely helpful in ensuring that it's a fair and independent process and a process where the person who is complaining—and I would argue the officers themselves—can be assured that it's more of an objective process than an internal process.

Bill C-20 would not fully address the issue, as the new complaints commission would still rely on RCMP and CBSA resources, meaning that it would not be truly independent. Conservatives tried to move various amendments at committee stage to increase the independence, but it was clear that there was no will from the other parties.

I want to come back to the issue that I alluded to earlier in my comments, not just about Bill C-20 but also, more broadly, about the government's approach on many bills and topics that it claims to be a priority, though their actions say otherwise. One that is interconnected in some ways to this one is with first nations and Inuit policing. The government has promised for years that first nations and Inuit police services would be designated as essential and would be allocated the proper resources.

The former minister of public safety, who, we know, was rightly turfed from his position, said in 2022 that the legislation would be right around the corner and that he was working around the clock. We have seen nothing but delays and excuses since. To this point, the current public safety minister says many of the very same things, but Conservatives will believe it when we see it.

I hope that the government takes the issues in Bill C-20 on indigenous policing, the issues in Bill C-61 and many other issues seriously, and that we are able to get the important work done.

Public Complaints and Review Commission ActGovernment Orders

June 6th, 2024 / 6:30 p.m.


See context

Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Mr. Speaker, I am glad I caught your eye so that I could join the debate during this evening's sitting and contribute my thoughts on Bill C-20.

I have been reviewing some of the committee records, as well as some of the prior debate on what members have said about the bill. I just want to kind of run down what this bill is about, so that people back home in my riding of Calgary Shepard will know about it.

In my riding, I have a few former members of the RCMP. Some of them are long-time members. One member served almost 30 years. After 30 years of service to the RCMP, a person's body is not what it used to be, so they have to step back. One of our members who used to serve here, the former member for Yellowhead, Jim Eglinski, who then became the mayor of the county of Yellowhead, was also a long-time member of the RCMP. Famously, he had made quite a famous arrest on Vancouver Island of a man who had tried to assassinate an Indian cabinet minister on the island. I will always remember that Wednesday in the House when he first rose from our side to ask the question, because he actually had been the arresting officer in that particular situation. It was in the news because this particular individual, after he had served his time in jail and after he had gone through an Indian government program, had been allowed to travel again to India, but he happened to be travelling with an official Government of Canada party. It was just a memorable situation.

It was easy to tell that Jim had served in the RCMP for a long time, even while he was a member of Parliament here. He would tell us stories as well, including the time he had been in a mine collapse, and yet somehow managed to survive and make his way out.

Some of these men and women in uniform do some pretty extraordinary things. I remember when I was working in one of the provincial government departments. The chain of command went up to the minister's office. We would go back and forth over some of these odd situations that fish and wildlife officers would find themselves in, where they were assisting RCMP officers out on very remote provincial highways and doing things like busting kidnapping attempts. They were doing drug busts with RCMP officers, because at times they would find themselves without the proper equipment out in the field, so they would need the help of fish and wildlife officers. Those were very unusual situations.

I have been going through the summary of the bill and what the bill would do. Very briefly, again, it would establish an independent body that would now be called the public complaints and review commission, as a replacement for the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police. It would authorize the chairperson of the public complaints and review commission to recommend the initiation of disciplinary processes, of the imposition of disciplinary measures, in relation to individuals who have been the subject of complaints. It would amend the Canada Border Services Agency Act to provide for an investigation of serious incidents involving officers and employees of the Canada Border Services Agency. It would also amend the English version of federal statutes, orders and regulations to replace references to “the force” with references to the RCMP. Finally, it would make, at the back end, some amendments to other acts. These are called consequential amendments, to bring everything into line.

At second reading, this bill was read three times in the House before it went to committee. I would say that at committee it received some pretty extensive review. Close to 20 meetings were held in order to review this particular piece of legislation. It came out in the fall, and it kind of lingered there. The government did not move it forward up until report stage on May 3 and then, once again, on June 4. I will note that the government has not seemed to be in an extreme rush, because it was November of 2022 when it went to committee. It got out in the fall and then it was only on May 3, 2024 and June 4, 2024, that it came back to this House for further debate, and get it off to that other place.

I am sure when the House leaders are meeting that the government House leader plans things. There is a Yiddish proverb that says that man plans and God laughs. In a lot of ways, two years for this type of legislation to come to the House to be considered is a very long time. It has probably defeated all of the plans that the government made. This was also a previous piece of legislation, Bill C-98 in the 42nd Parliament, as well as Bill C-3 in the 43rd Parliament. As we know, the 43rd Parliament ended in August of 2021. The Prime Minister called a very unnecessary election on the same day that the Taliban took over Kabul and the fall of the democratic government in Afghanistan happened.

I will mention a few of the concerns I noted from committee. A few of the concerns included a lack of consultations. Some of the stakeholder groups mentioned that concern.

There was concern expressed, and other members have expressed concern here, that there will probably be difficulty in obtaining the specialized types of individuals they will want to appoint as Governor in Council appointees for the board for this commission because of the unique set of skills, knowledge and experience that they will need in order to make sure that they can hear the CBSA and RCMP cases. Like I mentioned, I have a few RCMP officers who are now retired from the force or have left the force, including one who worked at the Calgary airport as part of the RCMP team there, and some of the younger officers too.

Policing is a difficult job and I have a great appreciation for all those who pursue it, including my former executive assistant. She joined the Ottawa Police Service as a uniformed officer just a few months ago. She will be completing her time with the Ontario Police College later in August, will be graduating from the college there and will be back here in OPS as a uniformed police officer. I always joke that she is the first person in my office in nine years to get a real job after politics. I see a few members chuckling on that side. I think too many members here have staff who linger on or get a desk job. She is actually going to be doing something productive, and I am really happy that she found a thing that she is going to love doing. Hopefully, the rest of her life she will have a long, successful career and I wish Cheyenne all the best of luck with that.

The third concern that was expressed was the lack of independence for access to information requests. There are a few portions in there that would allow the commission to rule certain things as ineligible for an access to information request. Again, there is a lack of a mandated review period. Those statutory reviews, as we know, do not always happen on time, but even when they are missing from legislation, legislation can then linger on without having parliamentarians take a closer look at it. I do not think it is the end of the world.

I hope the House will indulge me for a moment. I do have a member of my riding, a very special person who is retiring. Christine McIver is a truly special Albertan and a friend of mine. She is the retiring founder of the Kids Cancer Camps of Alberta. This was her passion project for decades. I did not know her son Derek, but heard so many stories about him. He passed away from cancer. He was the inspiration for the work that she was doing. Just like Christine, I am a parent who sat in many NICUs and many ICUs with some of my kids, including the one who passed away, so I share that with her. Again, I imagine her sitting in a pediatric ICU waiting to be told that the neurosurgeon had removed a mandarin-sized orange from her son's brain. He had medulloblastoma, a hyper-aggressive brain cancer. Derek would pass away in her arms on April 26, 1991, so it has been a long time. From her grief, she started to raise funds. She built a camp and a network, and she has created over, if I count in my head quickly, 20 camp programs single-handedly, which now she has passed on to others to continue her work.

Famously, a lot of the fundraising started with giving toques with a logo of a bear that had a crooked smile on its face. It is neat because Derek, post-surgery, had a crooked smile, resulting from having so much brain matter removed, so they put the little bear picture on toques that were very popular and many of us still have them. A concept of a Derek bear was born. Christine became “Crazy Bear”, as she would say, because she was so passionate about this project. She received a lot of medals, awards and achievements over time. I just wanted to tell Christine, Crazy Bear, to rest assured that her mission is accomplished. I wish a very happy retirement to her.

With that, I go back to my Yiddish proverb: Man plans, God laughs. One never knows what life will put before us. Bill C-20 has taken a long time to get here and there have been three different pieces of legislation. I look forward to questions from the other side.

Report StagePublic Complaints and Review Commission ActGovernment Orders

June 4th, 2024 / 11:20 p.m.


See context

Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

Madam Speaker, it is an honour to speak to this bill in Parliament. Third time lucky, maybe.

Now it is called Bill C-20. It was Bill C-98, when it was brought to the House in May of 2019. Then it was dropped because of the writ in September. Then the Liberals brought it back again as Bill C-3. It was brought back in January of 2020, and then it died in August when the Liberals prorogued Parliament.

Here we are, maybe third time lucky, for Bill C-20. We will see what happens here. It is an act establishing the public complaints and review commission, something that I think is actually deeply needed in this country. I am going to talk about that in a moment.

The legislation, right now, would 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 would also be responsible for reviewing civilian complaints against the Canada Border Services Agency.

This bill follows through on a Liberal election promise. I remember running in 2015 for the first time, and that was one of the bills the Liberals talked about. Then, as I mentioned, in 2015, the Liberals got elected with a majority. Finally, they brought this bill out four years after that. Now we are at another four to five years, and maybe we will get Bill C-20 passed in the House.

I am going to talk about it a little, because there is no question a civilian review commission would improve the oversight and help the CBSA be an even more effective agency in its duties and its functions. The public complaints and review commission should end the practice of police investigating police. There is nothing good that comes out of that. There will be a lot of questions, as we have seen over the years.

We want to implement a fully independent model, and I think this is where we are going with Bill C-20. We all know that over the past number of years, we have seen an increase in interest in police activities all through social media. The latest is people with cellphones. I have seen it in my city of Saskatoon, people taking a cellphone out, not to record an accident, but to record the police and what they are doing. This is very dangerous. This is an ongoing thing that we have seen in this country, time and time again.

Now, there is a risk of some bias or perceived bias in investigations that have been conducted by police officers from the same organization. As we all know, this can potentially undermine public trust and confidence in the investigation process. The internal investigation process may lack the transparency and public accountability that could lead to skepticism and doubts about the fairness of all these investigations.

We have seen a lot of that, and I am going to talk about it right now. Some of the groups in my province that seems to be under a lot of pressure with the police, whether it is city police or municipal police or even the RCMP, are the indigenous groups. They feel that being independent from the agency would certainly be more helpful. The community would feel more comfortable filing complaints, knowing that an independent body would review and take action, if appropriate. Everyone understands that all complaints should be resolved in a timely manner. It is in the interest of both the complainant and the employee subject of the complaint.

I am going to go back in time to the James Smith Cree Nation mass killer Myles Sanderson. Unfortunately, he was actually released from custody before killing 11 and injuring 17 others, and that was during the 2022 rampage. The investigation into his statutory release made 14 recommendations for the Correctional Service Canada and the Parole Board of Canada.

Sanderson had a massive record of violent assaults over a number of years. The killings have raised questions about why he was released. The police really did not know where he was for months. Ten recommendations were directed at the Parole Board, including reviewing scheduling guidelines to allow members more time to prepare for hearings and for writing decisions thereafter.

The community involvement, I feel, in the James Smith Cree Nation mass killing was excluded from this process, and that is something we need to learn from. The RCMP certainly made some mistakes during the mass killing of 2022. I would say there were several mistakes also made by the James Smith Cree Nation. The communication between the reserve and the RCMP detachment in Melfort was spotty at the best of times. I will compliment the provincial government, as it held an inquiry. A coroner, Clive Weighill, who was the former city police chief of Saskatoon, conducted the inquiry for several weeks in Melfort.

The RCMP, as I said, admitted it made mistakes. It was a very emotional inquiry. It went on for weeks in Melfort. It was closely followed by the whole province. This was an event we hope will never happen again. It gave the chance for family members to finally grieve. As I said, 11 passed away; Myles Sanderson killed 11 and injured 17. During this inquiry, the members of the families needed to talk about what they saw and what their family members went through, which was deeply needed. That is the part in question. When the public complaints and review commission is established, we need to hear from the public.

James Smith Cree Nation is only a few kilometres from the city of Melfort, where all the RCMP of the detachment came from. I remember reading the stories. There was a gentleman stabbed in a vehicle. Some say the police should have known. If they had stopped, maybe they could have saved that person. He died later in a hospital. There was a lot of miscommunication between the RCMP and James Smith Cree Nation.

With Bill C-20, I am hoping we could have these public discussions before an event like this happens rather than having it after. As I said, it was a very emotional event. I received texts from all over the world about it. I remember a banquet I held in Delisle with Billy Smith, who was the notorious, great goaltender of the New York Islanders. He texted me right away when that happened because he was that concerned. Chico Resch is from Regina, by the way, and the home of the RCMP depot is Regina—Lewvan. Chico knew right away this was an issue in our province of Saskatchewan between the RCMP and, in this case, James Smith Cree Nation. He just wanted to reach out to see if everybody was fine.

That was one of many texts I received that week, where people were genuine. They knew the issue in our province between the RCMP and indigenous groups, and unfortunately it took an event like this to get this raised.

As I conclude, I am happy that we are talking about this. The mandatory annual reporting by the RCMP and CBSA on actions taken in response to PCRC recommendations is something we desperately need, as well as the mandatory reporting of race-based data by the PCRC. Public education is first and foremost. We all need to get educated on situations like this. This bill going forward, Bill C-20, would help everyone, not only in my province of Saskatchewan, but also in every district in this country.

Report StagePublic Complaints and Review Commission ActGovernment Orders

June 4th, 2024 / 10:50 p.m.


See context

Conservative

Marc Dalton Conservative Pitt Meadows—Maple Ridge, BC

Madam Speaker, let us talk about that. I know that members on the other side of the House are eager to jump into this right now, but the fact of the matter is that the Liberals promised it. They promised to introduce a more effective oversight of federal law enforcement agencies in, drum roll, 2015. That is right. Nine years ago, they were hot to trot and decided to introduce Bill C-98, an act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act. However, when did they introduce it? It was not 2015, not 2016, not 2017 and not 2018. It was 2019, in May. What was May 2019 about? That was the end of their first mandate. They decided in May 2019 to introduce it and an election was called. They had to have an election. Then what happened? That legislation fell through.

They obviously were not very serious about this law, as it fell through in 2019. Then they decided they were going to bring it up again in January 2020, a few months later. They went through some of the processes, and actually, the Conservatives voted for the bill all the way through. However, the Liberals did not give themselves enough time, and even more than that, they decided to take the opportunity to have a COVID election, something they said they were not going to do but did. Then guess what happened to this bill. It tanked. It died.

Here we are again, and it is at the very end of the session. It is not May, though. It is June, and the Liberals have decided to bring it forward again, rushing it through because of their disorganization and ramming it through with time allocation. We are approaching the pumpkin hour debating Bill C-20, and my question is, are they even serious about having this bill pass? One must wonder. Maybe it is a good bill, and they are not used to having a good bill. The fact of the matter is that we want it passed. However, we do believe in debating it. We do believe in speaking to it. I think that is important.

The bill before us deals with specific complaints made by the public about the RCMP or the Canada Border Services Agency. It is about how these complaints would be investigated. Currently, the CBSA and the RCMP investigate most of the complaints filed. While both of these agencies, the RCMP and CBSA, are very professional, there is, nonetheless, concern about police investigating police. There is a risk of bias or perceived bias, which can undermine public trust, and an internal investigation process may lack transparency and public accountability, leading to doubts about fairness.

Before I go any further, I want to express my deep appreciation for the work and service of RCMP officers, police overall, and our Canadian border services personnel for the public security and safety they provide. They place their lives on the line, day in and day out. I think of Constable Rick O'Brien, who was a constable in my riding of Pitt Meadows—Maple Ridge. He was at a drug bust when he was shot at through the door from the other side and killed. His widow is Nicole, and he had six children. He was a real example of a person who just gave his all in community engagement, especially with youth. He became an officer later in his life, probably in his forties, but it was his dream. However, he laid down his life.

Bill C-20 is not an anti-police or anti-border agency bill, but I just want to say that, as Conservatives, we support our protective services, and they know that. As a matter of fact, I can think of maybe one person who is a police officer who has said that she may not vote for me. I mean, there may be a police officer who is not voting for Conservatives, but they see that we stand for order, safety, security and sanity, as opposed to the disorder, insanity and chaos of the other side. We are living in a dangerous society, and our CBSA also faces risks. To them all, I say thank you.

Public complaints do occur, justified or unjustified, and it is important that the complaints be dealt with expeditiously with as little red tape as possible. However, the Liberals and the NDP are red tape proponents, and it just causes delays and increased expenses. Even though they have added 100,000 new bureaucrats, things have gotten a lot worse. We believe in being expeditious. We support an amendment for the PCRC, which would be the public complaints review commission, to direct the RCMP to conduct informal resolutions. It would just be informal.

According to the National Police Federation, most complaints can be resolved with a phone call, and they can conduct information resolutions to address long delays of complaints. It is important that we get things moving. We do believe that there needs to be timelines, that it cannot just go on and on. Things must move along so that justice and people's concerns are addressed. We also believe that timelines begin at the top, and it really falls on the Liberal government, with its cabinet ministers who do not take control of the bureaucracy, and that just goes right down. We believe in having more efficiency, which is important for the taxpayers.

Conservatives also support the unions that represent workers during the hearings. We believe in fair processes that support union agreements, and an automatic back pay process for unfounded complaints because, when someone, such as agents, security personnel or police, is being investigated, it can be without pay. It is important that, if the complaint is unfounded, they would automatically receive their back pay.

Report StagePublic Complaints and Review Commission ActGovernment Orders

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


See context

Bloc

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Report StagePublic Complaints and Review Commission ActGovernment Orders

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


See context

Bloc

Rhéal Fortin Bloc Rivière-du-Nord, QC

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

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

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

Report StagePublic Complaints and Review Commission ActGovernment Orders

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


See context

Conservative

Alex Ruff Conservative Bruce—Grey—Owen Sound, ON

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

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

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

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

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

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

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

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

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

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

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

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

Public Complaints and Review Commission ActGovernment Orders

November 25th, 2022 / 12:30 p.m.


See context

Conservative

Dave Epp Conservative Chatham-Kent—Leamington, ON

Mr. Speaker, it is always an honour and privilege to bring the voice of Chatham-Kent—Leamington to this place, and today it is to put some comments on the record regarding Bill C-20, an act establishing the public complaints and review commission and amending certain acts and statutory instruments.

Before I get into the content of the bill, I want to begin by thanking the women and men who wear the uniform to keep Canadians safe.

Canadians expect accountability. They expect law and order, and they expect strong oversight mechanisms to ensure that there is no abuse of power. We recognize that our RCMP and CBSA agents put themselves in the possibility of harm's way every time they put on the uniform.

Canada and the U.S. share the world's longest, undefended border, and we as Canadians share this border with a country that owns more firearms than they have citizens. This is part of a different culture and a different history, and that is not the subject of today's debate.

The point I am making is that the CBSA has received much attention recently, and we look to them for their role in preventing gun violence, particularly in our cities. We ask that they address the issue of criminals smuggling illegal guns into this country, and we know that this activity is often also tied up with drug smuggling and trafficking. We ask that these people, along with law enforcement, put themselves in harm's way to keep us safe, and for that I want to thank them.

Let us look at the content of the bill.

The legislation would rename the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police, or RCMP, to the public complaints and review commission, which I will refer to as the PCRC. Under its new name, the commission would also be responsible for reviewing civilian complaints against the CBSA. The bill's goal is to ensure that all of Canada's law enforcement agencies have an oversight body.

What I really do like about the bill is that it would codify timelines for the RCMP and CBSA responses to the PCRC. We have all heard of complaints that went into the civilian body, but then there was no response back. The reports, reviews, recommendations, and the information sharing between the RCMP and the PCRC, and the CBSA and the PCRC would be mandated and codified. The bill also stipulates annual reporting by the RCMP and CBSA on actions taken in response. This would be a further mechanism to ensure action follows complaints. As well, the bill would mandate reporting of disaggregated race-based data, provides for public education and provides for a statutory framework to govern the CBSA responses to serious incidents.

By way of some further background, the bill was introduced in the 43rd Parliament as Bill C-3. However, it did not pass second reading. It was introduced very late in the session and died on the Order Paper when that unnecessary election was called. In the 42nd Parliament, it was known as Bill C-98, but it died awaiting a vote in the Senate.

I want to put on the record that Conservatives have supported this legislation at each stage. I also want to note that this legislation appears to be straightforward and meets its objectives, but the newly created PCRC can only recommend disciplinary action and cannot enforce it. There will still need to be a further step as this process unfolds.

Conservatives believe in upholding the dignity of our borders and ensuring that our Canadian Border Services Agency is properly resourced, both in manpower and equipment. The civilian review commission should improve oversight and help the CBSA be an even more effective agency in its duties and functions, similar to the function of the renamed Civilian Review and Complaints Commission for the RCMP.

As I stated earlier, Canadians expect effective oversight of federal law enforcement agencies, but what is disappointing is the length of time it has taken to get this done. The Liberals promised oversight in the 2015 election, then squandered two Parliaments in fulfilling their promise. Now, one month before Parliament breaks, the House is supposed to hurry up and pass this legislation. We are supportive, as we have been in the past, but we will review it, and we will do our job in this place. We have always stood for the security of Canadians and will continue to do so.

I live in Leamington, only 45 minutes away from the Windsor-Detroit border. I have crossed that border to the U.S. numerous times. By and large, I have had many good experiences and professional interactions with CBSA staff as I returned to Canada either from travelling to the U.S. or abroad, or just from an evening or afternoon in Detroit.

However, several years ago, while my four daughters were still quite young, my wife did not have such a pleasant experience. It was some time ago, in 2003 during the SARS outbreak, so there are similarities to today's times. My brother-in-law, a Canadian, was working in St. Louis at the time and flew to Detroit to come back to Canada to renew his status paperwork.

While my wife answered the questions asked by the CBSA agent, the agent assumed some information regarding my brother-in-law’s citizenship that he had not confirmed through questioning. Frustrated once he learned of his error, he swore at my young children, and literally threw the paperwork of six people into the van. I was not there; I was tied up elsewhere, so my wife took my four young daughters, a credit to her, into the U.S. to pick Darrell up. This agent now demanded that the paperwork be returned in a different order.

If the PCRC would have been in existence then, it would have heard from us, and this officer’s conduct would have been reported. This is a relatively minor incident in the scheme of things that could have happened, but there is a role for this oversight agency.

This situation occurred 19 years ago, so some time has gone by, but I know that it has been seven years since an idea for this oversight body was introduced in this place. The government campaigned on that promise. Let us hope it will not take 19 years to get this promise to Canadians completed.

Yesterday, in the House, we debated Bill S-4, a bill that enjoyed support at second reading on all sides of the aisle. Bill S-4 was Bill C-23 in the last Parliament, which also did not see the light of day in this chamber, but I digress. It seems that good bills do not receive good priority for this file in this place, but we will leave that for another day.

Bill S-4 asks to improve the efficiency of our court system through bringing in the use of video and other changes to address the huge backlog of cases. This backlog, of course, was exacerbated by the pandemic. We have all heard the expression “justice delayed is justice denied”, and the Jordan decision by the Supreme Court has codified this expression.

My purpose is not to redebate yesterday’s work in this chamber. Bill S-4 is off to committee, and hopefully it will be improved through amendments. Then hopefully it will be quickly returned to this place for third reading. My point in raising Bill S-4 is that during debate, several statistics were tabled during the interventions and I found them troubling.

There has been a 32% increase in violent crime since 2015. There were 124,000 more violent crimes last year than in 2015. There were 788 homicides in Canada last year. There were 611 in 2015, a 29% increase.

As we have heard before, there has been a 92% increase in gang-related homicides since 2015 and a 61% increase in reported sexual assaults since 2015. Police-reported hate crimes have increased 72% over the last two years, and 31,000 Canadians lost their lives to overdose between 2016 and 2022. There have been 7,169 deaths from opioid overdose in Canada in 2021 alone, and 21 people are dying per day from overdoses. Before the pandemic, it was 11.

Thus far, this is the record of the government when it comes to keeping Canadians safe over the past seven years. At their core, Bill S-4 and Bill C-20 are pieces of legislation that take us in the right direction. This cannot happen soon enough. I hope they now receive the priority they deserve.

Public Complaints and Review Commission ActGovernment Orders

November 25th, 2022 / 12:15 p.m.


See context

Liberal

George Chahal Liberal Calgary Skyview, AB

Mr. Speaker, I rise today aware that we stand on the traditional unceded territory of the Algonquin Anishinabe nation.

Today we are discussing Bill C-20, which would enact a new stand-alone statute. The public complaints and review commission act would provide an external review regime for both the Royal Canadian Mounted Police and the Canada Border Services Agency.

The bill responds to a long-standing need to establish an independent review body for the CBSA and improve RCMP review, which builds on previous proposals, such as Bill C-98 from 2019 and Bill C-3 from 2020.

Additionally, this bill advances the Minister of Public Safety's mandate letter with commitments to create a review body for the CBSA and codify defined timelines for RCMP and CBSA responses to complaints and recommendations; combat systematic racism and discrimination in the criminal justice system; and continue advancing efforts toward a path of reconciliation with first nations, Inuit and Métis peoples.

Currently, the RCMP has a civilian accountability body in the existing Civilian Review and Complaints Commission. This bill, through the establishment of a public complaints and review commission, would build upon the existing CRCC and provide additional accountability and transparency tools to deal with complaints concerning the RCMP and CBSA.

Bill C-20 includes timelines that codify when a response is required to an interim report related to complaints, reviews or recommendations from the PCRC. Through the PCRC, codified timelines would provide six months for RCMP and CBSA responses to interim reports for complaints, and 60 days for specified activity reviews and recommendations. Not only would the RCMP and the CBSA have to report to the commissioner of the PCRC within these timelines, but the bill would also obligate the RCMP commissioner and the CBSA president to submit an annual report to the Minister of Public Safety on how they have responded to PCRC recommendations.

Combatting systemic racism continues to be a priority for this government and will be reflected through PCRC initiatives. The PCRC will collect race-based data to increase knowledge about systemic racism in law enforcement in order to provide informed responses and recommendations. As with the collection of race-based data, the public information mandate will be especially important in increasing awareness of the PCRC's mandate among indigenous, Black and racialized communities. As a former city councillor and city of Calgary police commissioner and chair of the public safety task force in the city of Calgary, I know how important this data is to support local decision-making within and across our country.

Overall, the PCRC would look to support previously established timeliness goals. Over the last year, the RCMP has improved the timelines within which it responds to the CRCC. We want to ensure these efforts are maintained. To ensure this improvement continues, the PCRC would be able to conduct specified activity reviews for the CBSA and the RCMP of any non-national security activities, either on the PCRC's own initiative or at the request of the minister.

The bill includes provisions for the PCRC to conduct complaint-related investigations. The PCRC would receive complaints from the public about RCMP and CBSA conduct or levels of service. It would also conduct reviews when complainants are not satisfied with the RCMP's or CBSA's handling of their complaints.

For the CBSA specifically, this would include non-national-security activities conducted by agents at the border, and in land, while administering duties under more than 90 acts, regulations and agreements on behalf of other federal departments and agencies, provinces and the territories. The PCRC would report findings and recommendations to the RCMP, the CBSA and the minister.

The bill would provide a statutory framework, through the CBSA Act, to govern the CBSA's responses to serious incidents, which are currently governed by internal policy. More precisely, the bill would establish an obligation for the CBSA to conduct internal investigations into alleged serious incidents, which include notifying police of jurisdiction and the PCRC, when such incidents occur, and the creation of reports for serious incidents.

The bill before us is a high priority for this government. We remain determined to strengthen transparency and accountability. The bill we are discussing today encompasses all that we have learned throughout this process, by responding to the overdue issues while reinforcing established priorities.

This bill would address previously discussed difficulties, such as the need to respond to recommendations in a timely manner, and importantly, this bill partly responds to the evidence of systemic racism in the law enforcement system and the urgent need to find solutions to support and protect marginalized communities in Canada. The government has responded to those issues with a stand-alone bill that highlights the importance of civilian review of law enforcement.

I urge hon. members to join me in supporting this proposed legislation.

Public Complaints and Review Commission ActGovernment Orders

November 25th, 2022 / 10 a.m.


See context

Sackville—Preston—Chezzetcook Nova Scotia

Liberal

Darrell Samson LiberalParliamentary Secretary to the Minister of Veterans Affairs and Associate Minister of National Defence

Mr. Speaker, I am thankful for the opportunity to debate Bill C-20 and will resume from where I left off.

Bill C-20 would respond to the long-standing need to establish an independent review of the CBSA and improve review of the RCMP. This bill would build on the previous proposals to create a review body for the RCMP and CBSA. For example, Bill C-98 and Bill C-3 from 2020, were introduced but never completed the legislative process.

Bill C-20 would also respond to the recent federal court decision that the RCMP must provide a response to the CRCC interim report within six months. I would like to highlight that this bill would also advance the Minister of Public Safety's mandate letter commitments to create a review body of the CBSA; to set timelines for the RCMP's and the CBSA's responses to complaints and recommendations; to ensure continued compliance with accountability and review bodies; to combat systemic racism and discrimination in the criminal justice system; to continue advancing efforts toward a path of reconciliation with first nation, Inuit and Métis peoples; and to ensure that the RCMP and CBSA continue working to transform and to create a culture of accountability, equity, diversity and inclusion.

This bill would add to existing CRCC powers by providing enhanced accountability and transparency tools, including the stand-alone statute, which reinforces its independence from the RCMP and CBSA.

Set timelines for the RCMP and CBSA responses to the PCRC interim report mean that responses would be expected within six months of any complaints. Specified activity reviews and recommendation responses would be expected within 60 days.

Bill C-20 would include important provisions related to the collection and publication of race-based data by the PCRC, with RCMP and CBSA, to increase knowledge about systemic racism in law enforcement and inform responses.

The mandated public complaints and review commission's public education and information program would increase public knowledge and awareness of the commission's mandate and of complainants' rights to redress. This bill would provide for offences and punishments for obstruction and non-compliance with the PCRC.

Individuals detained by the CBSA must be informed of their avenue to make a complaint. This bill would also provide the PCRC with additional authorities to recommend that the RCMP and CBSA deputy heads initiate disciplinary-related processes or impose a disciplinary measure under certain circumstances. The deputy heads would be required to advise the minister and the PCRC chairperson whether discipline was initiated or imposed.

The new PCRC would also be able to conduct a joint investigation, review or hearing of complaints with appropriate authorities of any other jurisdiction when needed. The PCRC would refer national security matters to the National Security and Intelligence Review Agency and co-operate with the agency to avoid duplication of work.

The public complaints and review commission would be responsible for conducting specified activity reviews of any non-national security activities of the CBSA, either on the PCRC's own initiative or at the request of the minister.

The bill would create a statutory framework in the Canada Border Services Agency Act to govern the CBSA's responses to serious incidents, which are now governed by internal policy. There would be an opportunity for the CBSA to conduct internal investigations into alleged serious incidents. There would also be a requirement for the CBSA to notify the police of jurisdiction and the PCRC when such incidents occur.

There would be a requirement by the Canada Border Services Agency to provide the PCRC with reports or other information of serious incidents. The authority would also exist for the PCRC to send an observer to verify the impartiality of the CBSA's serious incident investigations. Finally, there would be a requirement for the PCRC to report on the number, types and outcomes of serious incidents as part of an annual reporting system.

I will speak briefly about the mechanics of the PCRC as well. The PCRC would be headed by a chairperson and up to four additional members, including a vice-chairman appointed by the Governor in Council. The bill would provide Governor in Council regulation-making powers for information sharing and related procedures.

We all rely on the CBSA and the RCMP. We interact with the CBSA and the RCMP and they safeguard our security goods, but we need to have assurances about efficient, fair and equal treatment.

Bill C-20 would be a major step forward for Canada with an enhanced review body and assurance of consistent, fair and equal treatment when Canadians interact with the Canada Border Services Agency or the RCMP. I urge hon. members to join me in supporting the important bill in front of us, Bill C-20.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:20 p.m.


See context

Conservative

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

Madam Speaker, I will be splitting my time with the member for South Surrey—White Rock this evening.

It is an honour to rise in Parliament today to speak on behalf of the residents of Barrie—Springwater—Oro-Medonte.

I am pleased that the government has finally brought up Bill C-20 for debate. The bill seeks to create the independent public complaints review commission to review complaints against RCMP and CBSA employees. This proposed commission aims to replace the current review body for the RCMP and create, for the first time, an independent review body and forum for complaints about the conduct of CBSA employees.

The brave men and women who wear the RCMP and CBSA uniforms are tasked with protecting our borders, our national security and our safety. The immense responsibility that comes with this line of work requires oversight. The creation of a coherent, independent oversight body for the RCMP and the CBSA is certainly necessary. Hopefully, this is something that all Canadians can agree on.

While Conservatives are supportive of the intent of this legislation, I cannot help but be concerned that the bill will suffer the same fate that previous iterations of it have in the past. Both Bill C-98 in the 42nd Parliament and Bill C-3 in the 43rd Parliament died on the Order Paper despite Conservatives supporting both bills in an efficient manner.

This government claims that the creation of oversight bodies for all federal law enforcement agencies has been a priority since 2015. If that is the case, then why has this legislation, which would accomplish that goal, died on the Order Paper, not once, but twice.

Another concern of mine with the bill is the apparent lack of consultation with stakeholders. When Bill C-98 was introduced in 2019, and when Bill C-3 was introduced in 2020, many stakeholders, especially the union that represents CBSA officers, spoke out about the fact that they were not consulted in the drafting stages of this legislation. Once again, we are hearing from indigenous communities that they were not consulted in the drafting process, and the government has made no assurances that there will be indigenous representation and leadership positions on the review commission.

Before discussing the specific merits of the bill, I want to acknowledge and thank all the public safety professionals who work tirelessly to protect our national security and ensure the safety of all Canadians.

My colleagues and I on the Standing Committee on Public Safety and National Security have heard repeatedly that our border agents are strained due to a lack of funding and resources, and that both the RCMP and CBSA face critical labour shortages. We saw evidence of that in the past year with travel delays affecting individuals across the country. Just recently, the union representing CBSA employees said that it needs between 1,000 and 3,000 new hires to process travellers entering the country efficiently.

Another example of the impact of labour resource shortages at the CBSA comes from testimony that my colleagues and I heard at the Standing Committee on Public Safety and National Security. Mark Weber, the national president of the Customs and Immigration Union, told us that, as of 2019, only one-millionth of rail cargo was effectively being examined by the CBSA. According to him, due to this lack of capacity, there is almost a zero per cent chance that any illegal weapons that enter the country by rail will ever be found. With a 92% increase in gang-related homicides since 2015, it is clear that resources must be turned towards stopping the illegal guns that are smuggled across our border from the United States.

Conservatives believe that to protect our borders and national security, the CBSA needs appropriate resources in both manpower and equipment for officers to do their job effectively. We must listen to the needs of our frontline public safety professionals and ensure they have all the resources they need to protect Canadians.

I also want to draw attention to the mental health issue that our frontline public safety professionals are facing on a daily basis.

A few weeks ago, I met with representatives from the Canadian Institute for Public Safety Research and Treatment, which does outstanding work to promote the mental health of public safety professionals, including CBSA and RCMP officers. They made it clear that the toll of the work these individuals do places an unprecedented strain on their mental health, and supporting their mental health is critically important. According to them, nearly half of public safety professionals experience symptoms consistent with one or more mental disorders, and one in 10 will attempt to die by suicide. Investments in the mental health of our public safety professionals and ensuring that the departments they work for are being properly resourced would be a welcomed step towards public confidence in our institutions.

There are aspects of this legislation that my Conservative colleagues and I support fully. We believe that an independent review commission would improve oversight and help both CBSA and RCMP officers be more effective in their roles as stewards of public safety.

In 2021, the Standing Committee for Public Safety and National Security, which colleagues past and present have done excellent work on, released a report entitled “Systemic Racism in Policing in Canada”. One of our recommendations from that study was to make drastic changes to the public complaints system for the RCMP. I am pleased to see that recommendation addressed in this bill. However, during the previously mentioned study, committee members heard repeatedly that the RCMP commissioner failed to respond to reports from the RCMP’s current Civilian Review and Complaints Commission and complaints themselves faced massive delays.

Just recently, in 2021, a British Colombian civil liberties group sued RCMP Commissioner Brenda Lucki, arguing, as reported, that “the time it takes her to respond to public complaints is undermining police accountability.”

Conservatives are committed to finding solutions to these accountability and oversight issues, which are clearly prevalent. The government must take steps to ensure that complaints are addressed expeditiously. As I mentioned previously, public safety professionals are often faced with psychological stress due to their working conditions. For example, CBSA employees must routinely search vehicles, persons and belongings to ensure the safety of our borders and prevent criminal activity such as drug smuggling and trafficking. These officers should have clear guidelines on what is expected of them, so they may feel confident carrying out the duties of their positions without fear of reprisal. While these changes appear to be promising, I would like to ensure that the commissions complaints process is fair and balanced.

As I mentioned, this system should be efficient, but this system should also be cautious and thoughtful when dealing with complaints and when recommending disciplinary actions. Bill C-20 would require the public complaints and review commission to submit an annual report to the Minister of Public Safety, with a summary of all complaints and anonymized data about complainants.

Bill C-20 also aims to raise public awareness about the complaint process through education and information campaigns. Easily available and clear information about the public complaints and review commission would ensure that complainants are not bogged down by endless bureaucracy when trying to put forth a complaint. I agree that these measures would ensure greater transparency and confidence in our law enforcement agencies.

While I applaud the steps that the CBSA and RCMP have already taken to address and prevent discrimination, such as anti-racism and anti-bias training, some measures in this bill, such as the collection of disaggregated data, are a promising step towards addressing disproportionate outcomes in Canada’s law enforcement and criminal justice system. However, to reiterate, I am concerned about the government’s lack of consultation with indigenous communities while drafting this legislation. The government should always consult with stakeholders who will be affected by its legislation while it is being drafted rather than placing the onus on committees to do that work for them after it has been tabled.

Finally, I would like to ensure that this review commission is free from political interference. Time and time again, RCMP Commissioner Brenda Lucki has been subject of political controversy and accused of political interference, most recently with the enactment of the Emergencies Act and the investigation of the Nova Scotia mass shooting.

Conservatives see clearly that there is a pattern with the government’s tendency to interfere in RCMP investigations. We must ensure that we take steps to restrain the ministers’ authority over this commission and that it remains wholly independent. Canadians could not trust the government to stay away from court proceedings and RCMP investigations in the past. How do we know they will stay away from this commission?

Our frontline public safety professionals do outstanding work and often put themselves in danger on the job. I want to thank them once again for keeping the public safe, day in and day out. Canadians are right to expect an oversight body for federal law enforcement agencies that is efficient, effective and rigorous. Conservatives are certainly supportive of this principle.

My Conservative colleagues and I are cautiously optimistic about this legislation. I look forward to studying it in committee with my colleagues across all parties.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 4:50 p.m.


See context

Bloc

Andréanne Larouche Bloc Shefford, QC

Mr. Speaker, today I rise to speak to Bill C-20, an act establishing the Public Complaints and Review Commission and amending certain acts and statutory instruments.

I would like to begin by saying that the Bloc Québécois supports this bill at second reading. This bill would give citizens recourse against the Canada Border Services Agency, or CBSA, which can, on occasion, abuse its authority.

There is currently an independent oversight mechanism in place, but its mandate covers only matters of national security, so it needs to be expanded. Citizens who wish to file a complaint must do so directly to the CBSA, but the information is not public and, because the mechanism is internal, it is not totally neutral and objective.

As a result, there is no external review body to deal with public complaints against the CBSA, and that is what this bill seeks to correct. The Bloc Québécois supports Bill C‑20 at second reading because we believe that an independent complaint process is both necessary and good for the public. As my colleague from Rivière-des-Mille-Îles said, it was in 2004, 18 years ago, that Justice O'Connor recommended that an independent process be put in place to handle public complaints against the CBSA.

For example, in early January 2020, the Privacy Commissioner of Canada found significant flaws concerning searches of travellers' electronic devices, which demonstrated the importance of having an independent body to review complaints. The bill must be referred to a committee quickly so that it can be studied and the concerns of different groups, including unions, can be heard. I will come back to this later to explain what this will change, and I will speak about the perspective of unions and victims.

First, this bill seeks to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act to change the complaints process for citizens and provide the opportunity for travellers to file complaints against CBSA officers.

This bill is similar to Bill C‑3, which was introduced in the 43rd Parliament, and Bill C‑98, which was introduced in the 42nd Parliament. Both died on the Order Paper for the sole reason that they were never a priority for the government. All parties supported Bill C-98, but we never voted on Bill C‑3. We are wondering if this bill will now be a priority.

Bill C‑20 contains a number of things. It replaces the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police with a new body called the public complaints and review commission, or PCRC. This new body will be mandated to review and investigate complaints concerning the conduct and level of service of RCMP and Canada Border Services Agency, or CBSA, personnel. It will also conduct reviews of specified activities of the RCMP and the CBSA.

The bill authorizes the chairperson of the PCRC to recommend the initiation of disciplinary processes or the imposition of disciplinary measures in relation to individuals who have been the subject of complaints. It amends the Canada Border Services Agency Act to provide for the investigation of serious incidents involving officers and employees of the CBSA.

The most important point of this bill is that it enables this new body to review the CBSA's activities and to investigate public complaints involving both officers and employees. Under Bill C-20, the public complaints and review commission can receive complaints from the public about the RCMP or the CBSA, but the complaints will generally be sent directly to the RCMP and the CBSA first for an initial investigation. If the complainant is not satisfied with the investigation of the RCMP or the CBSA, then they can ask the PCRC to look into it. Basically, here is what that means.

In such a case, the PCRC could present its findings and make recommendations. The RCMP or the CBSA would have to respond in writing to the PCRC reports by the deadlines set out in the acts and regulations. An external mechanism will therefore be put in place.

What is more, complaints related to the Canadian Human Rights Commission, the Office of the Commissioner of Official Languages or the Office of the Privacy Commissioner of Canada will not be dealt with by the PCRC. However, the PCRC will forward any such complaints to the appropriate organizations.

The PCRC will be made up of civilians who are not former members of the RCMP or the CBSA. This is an independent external process. Another thing about this bill is that the response timelines for the RCMP will be codified, because many felt that the RCMP responded too slowly to the reports of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police, or CRCC. The bill will therefore replace the CRCC with the PCRC and a deadline will be imposed.

The bill also requires the commissioner of the RCMP and the president of the CBSA to submit an annual report to the Minister of Public Safety outlining what the organizations have done during the year to address the PCRC's recommendations. The minister will be required to share the report with the House of Commons and the Senate within 15 days.

There will also be a more targeted collection of information to determine whether racism against certain groups is an issue. It will be documented. The bill also calls for a public education and information campaign to inform travellers of their rights.

The PCRC will be responsible for tracking serious incidents—such as a death, serious injury or violation of laws—and making them public. It may send an observer to ensure that CBSA and RCMP investigations are conducted impartially. The PCRC may review, on its own initiative or at the request of the Minister of Public Safety, any RCMP and CBSA activity that is not related to national security. The reports would include findings or recommendations on RCMP and CBSA compliance with legislation and directives, and the adequacy, appropriateness, sufficiency or clarity of RCMP and CBSA policies, procedures and guidelines.

One difference from Bill C-3, which was a similar bill introduced in the 43rd Parliament, is that the PCRC will be established by a specific piece of legislation, whereas in the previous version, it was established by amendments to existing laws.

The PCRC will not be able to compel the CBSA and the RCMP to take disciplinary action, but both agencies will be required to report to the minister to justify their response to the recommendations, and these reports will be made public 15 days after the minister receives them.

The bill aims to create an independent process for reviewing complaints and the work of the Canada Border Services Agency. This new entity, the public complaints and review commission, will also replace the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police. This new commission, the PCRC, will deal with both the RCMP and the CBSA.

The new entity created by Bill C-20 will make it possible to file complaints directly with the CBSA and directly with the PCRC, depending on the complainant's preference. The complainant decides. If an individual is not satisfied with the response they get from the CBSA or the RCMP, they can ask the PCRC to review a complaint that has already been filed.

The process is nevertheless long and complicated. There is a good chance that most individuals will give up before the end of the process. For example, if an officer makes a sexist or racist comment towards a traveller, filing a complaint with the CBSA, waiting for a response and then sending the complaint to the PCRC could be more complicated and demanding for most travellers than just ignoring the comment, which is quite sad. The committee will have to examine whether the process proposed by Bill C‑20 is adequate or if it should be revised.

Creating this new external body is necessary, according to Mary Foster, from Solidarity Across Borders. In 2019, she said that “making a complaint to the CBSA about the CBSA doesn't really lead anywhere”. Having the option of challenging the findings of an investigation is therefore essential to maintaining public trust.

All parties supported Bill C‑98 in the 42nd Parliament, but, as I said earlier, a vote was never held on Bill C‑3.

Now we are once again discussing a bill that is good for the public because the existing system does not include an adequate complaint mechanism for people. Civil liberties groups have long called for the creation of an independent complaint-handling body like the one for the police.

For example, under the Access to Information Act, the Canadian Press obtained a list of complaints that travellers submitted directly to the CBSA.

According to the documents, in 2017-18, nearly 900 complaints were filed, about 100 of which were deemed founded, including cases of travellers being on the receiving end of border officers' racist or rude comments. Complaints against the CBSA are currently handled internally, with little transparency. That is the problem Bill C‑20 may fix.

Second, from the union's perspective, the Customs and Immigration Union's national president, Mark Weber, is concerned that Bill C‑20 could put more pressure on the labour-management relationship, which the union says is already strained. We have to keep that in mind.

He says that officers are placed on leave without pay, sometimes for a year or more, pending the outcome of investigations. He also notes that customs officers frequently work overtime and can be exhausted, which does not help. We need to ensure that customs officers have adequate resources, which the Bloc Québécois often asks for, considering the government's lack of interest in our borders. We have been asking for this frequently and for a long time. The Bloc Québécois would like the union to be involved in the process that leads to passing Bill C‑20, particularly in committee.

The staffing shortage at the CBSA is a well-known problem. This is causing delays and tension between officers and travellers. The government will also have to address this problem.

The CBSA has a great deal of power, including the power to detain and search Canadians and to deport people. It is therefore incomprehensible that the CBSA still has no external investigation mechanism.

In its legislative summary, the Library of Parliament cites the case of Maher Arar, a Syrian-Canadian citizen who was arrested during a layover in New York on his way home to Canada.

In 2004, a commission of inquiry into the Arar case led by Justice Dennis O'Connor suggested creating a new civilian agency to oversee the activities of both the RCMP and the CBSA, as I said earlier.

In other words, 18 years later, the CBSA still does not have one. Only the RCMP has this external oversight mechanism. However, the National Security and Intelligence Review Agency is already responsible for overseeing national security activities, and only national security activities.

I want to make it clear that the Bloc Québécois is not putting the blame on CBSA or RCMP officers as a whole, nor is it putting the CBSA on trial. Rather, we feel the government is responsible for the lack of oversight over the CBSA and the lack of transparency, which is inappropriate for such an important agency. We think the Liberals and the Conservatives should be held to account for tolerating all this for so long.

As I said—

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 4:35 p.m.


See context

Milton Ontario

Liberal

Adam van Koeverden LiberalParliamentary Secretary to the Minister of Health and to the Minister of Sport

Madam Speaker, it is a great privilege for me to rise today in the House to speak to Bill C‑20, a very important bill.

I am glad to be here today, standing on traditional Algonquin territory.

We are debating Bill C-20, which would enact a new stand-alone statute, the public complaints and review commission act, to provide an external review regime for both the Royal Canadian Mounted Police and the Canadian Border Services Agency. When it comes to law enforcement and border protection, nothing is more important to the proper functioning of these systems than trust and accountability. Canadians are watching and indeed the world is watching.

The RCMP and the CBSA provide world-class services to keep Canadians safe, and Canadians rightly expect nothing less than consistent, fair and equal treatment. It is about balance. Public safety is of course paramount, but so too are human rights. To ensure our system remains balanced in this way and to maintain public respect for the rule of law, it is essential we pass Bill C-20 and establish a robust civilian review system.

Under this new PCRC, enhanced reporting requirements would apply, as would an independent review mechanism for the CBSA. By establishing these mechanisms independent from the enabling statutes of the RCMP and CBSA, we are walking the talk. We are demonstrating the importance of the very independence we seek to enshrine in law, distinct from the organizations in question.

I would like to use my time today to delve into some of the details of this bill.

First, Bill C-20 would add specific new accountability and transparency mechanisms. These would entail codified timelines for the RCMP or CBSA to respond to reports, reviews and recommendations from the PCRC. There would also be timelines for information sharing between the RCMP and the CBSA, as well as the PCRC. For example, the RCMP and the CBSA would have six months to respond to an interim report of the PCRC, and when the PCRC has issued a report after having reviewed specified activities of the RCMP and the CBSA, the latter would have 60 days to respond.

Not only must these bodies report back to the chairperson of the PCRC within these codified timelines, but the bill would also obligate the RCMP commissioner and the CBSA president each to submit an annual report to the Minister of Public Safety. These reports would detail the actions the RCMP and the CBSA have taken within the year to respond to PCRC recommendations.

I would be remiss if I did not acknowledge the RCMP for its efforts to improve the timeliness of responses to the CRCC over the past year. The provisions of this bill would ensure this timeliness continues.

Another highly important aspect of Bill C-20 is the provision compelling the PCRC to report on disaggregated race-based data. Canadians have said it loud and clear, and we agree, that eradicating systemic racism in law enforcement is an urgent priority. Collecting, establishing and publishing race-based data on complainants is one of the ways that knowledge gaps around systemic racism would be filled.

In addition, Bill C-20 directs the PCRC to implement public education and information programs to increase knowledge and awareness of the new commission's mandate. With increased public information and engagement through such mechanisms, the bill aims to earn the trust of Black, indigenous and all racialized Canadians. Of course, this all builds on the work done by the Standing Committee on Public Safety and National Security and its report entitled “Systemic Racism in Policing in Canada”. We are following through on that report's recommendation that the government clarify and strengthen the mandate, independence and efficacy of the CRCC.

What this bill also does, on top of improving RCMP review, is to close a long-standing gap regarding review of the CBSA. Currently, public complaints are handled through internal CBSA processes and there are no independent mechanisms available to review public complaints regarding CBSA employee conduct or service.

Make no mistake; this is a very ambitious and truly important bill. However, as we have had multiple opportunities to introduce such legislation, with both Bill C-98 and Bill C-3 dying on the Order Paper in 2019 and 2020 respectively, we have also seized the chance to continue building out this bill.

This work has been accomplished through extensive consultations with stakeholders, the broader public and governance experts like Mel Cappe, and particularly with the CRCC itself. I must single out the CRCC chairperson, Michelaine Lahaie, for her dedication. Many of her thoughtful and thorough recommendations have shaped this bill into a framework for accountability and transparency, and that is why we are here today.

I began my time today by asserting that Canada's new law enforcement and border services organizations are world class, and I stand by that statement. It is exactly why this legislation is so critical. To remain world class and to uphold Canada's hard-won reputation for equity and fairness on the international stage, we must keep up with our international counterparts.

This bill would do exactly that, aligning our border agency review function with that of countries like the United Kingdom, Australia and New Zealand. Internally, Bill C-20 would also align the new PCRC's review functions with other public safety accountability bodies, such as the National Security and Intelligence Committee of Parliamentarians and the newly created National Security and Intelligence Review Agency.

To sum up, Bill C-20 is much needed and long overdue. Without it, the CRCC does not have all the tools it needs to uphold civilian review of the law enforcement system, and the Canadian public does not have the tools it needs to continue trusting, or indeed rebuild trust in many cases, in the services that the system provides. This bill responds to the urgent priorities that date back years and those that have more recently come to the forefront, such as systemic racism.

I know my hon. colleagues share our concern for both public safety and the right of all Canadians to live free from discrimination, and I urge everyone in the House to join me in supporting the expeditious passage of this legislation.

Public Complaints and Review Commission ActGovernment Orders

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


See context

Conservative

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

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

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

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 1:35 p.m.


See context

Conservative

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

Mr. Speaker, I was not around when this was brought up twice in the past. Bill C-98 and Bill C-3 came out in the 42nd Parliament and 43rd Parliament. They did not come through and both died on the Order Paper.

Perhaps the member could share some of her wisdom as to why she feels these bills did not make it through and why here we are again debating pretty similar legislation for the third time.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 1:05 p.m.


See context

Liberal

Ken Hardie Liberal Fleetwood—Port Kells, BC

Mr. Speaker, off the top I would like to note that I will be happy to share my time with the member for Saanich—Gulf Islands.

I am in my place today, aware that we are standing on traditional Algonquin territory. I am also aware that much has been said on Bill C-20 so far, so what I will have to say will kind of act as a recap of where we are. We are debating this legislation that would enact a new stand-alone statute, the public complaints and review commission act, to provide an external review regime for both the Royal Canadian Mounted Police and the Canada Border Services Agency.

To uphold trust and confidence in our law enforcement and border protection services, Canadians should count on a robust system of accountability. Canadians expect consistent, fair and equal treatment when receiving services from the RCMP and the CBSA. Civilian review is essential for the transparency of that system.

Currently, the RCMP is reviewed by the Civilian Review and Complaints Commission, the CRCC. The House has now heard that the new public complaints and review commission would replace the CRCC, provide enhanced reporting requirements for the RCMP, and establish an independent review mechanism for the CBSA.

I would like to note in particular the impact this bill would have on the Canada Border Services Agency. With some 14,000 dedicated and professional employees, the CBSA is one of the largest organizations within the public safety portfolio. It has a long and rich history of providing border services in an exemplary manner, but inevitably, where there is interaction between the public and border service agencies, disputes will sometimes arise. A transparent means of dealing with such disputes supports respect for the rule of law, but unlike the RCMP, the CBSA does not currently have an ongoing structure for independent review of such situations.

The agency is indeed reviewed by various independent boards, tribunals and courts, but it does not have a review mechanism for specific complaints, including officer conduct and the agency’s level of service. I would remind the House that the CBSA is one of the public safety bodies that many Canadians encounter regularly. I know personally that when I come to the border I always look guilty, no matter what, but I have always been treated with fairness and respect.

Border services officers control the movement of people and goods through Canadian borders. They detain and remove potential threats. They collect duties and taxes. Canadians rely on the border security measures enforced by the CBSA, and at the same time the CBSA is a Canadian public safety institution that non-Canadians encounter, including, for example, the refugees currently seeking asylum in our country. For this reason, a review mechanism must be accessible to all people who deal with CBSA employees. It is key to building public trust in the institution designed to protect our borders.

Under Bill C-20, the public complaints and review commission would have authority to review both the CBSA and the RCMP. Some components of the bill would apply to both institutions. Each year, both would be required to report to the Minister of Public Safety on how they have responded to PCRC recommendations. Both would have codified timelines dictating how soon they would need to respond to those recommendations. The PCRC will disaggregate the data of complaints related to both agencies and report on what it reveals about race-based issues. This will help us, for example, to better understand and address any systemic racism in law enforcement in Canada, at least in this law enforcement system.

Apart from national security issues, which are reviewed through the National Security and Intelligence Review Agency, the PCRC would be responsible for conducting specified reviews of any activities of the RCMP and the CBSA. These reviews could be conducted at the request of the minister or on the PCRC’s own initiative. The PCRC will have the responsibility for receiving complaints concerning CBSA conduct or levels of service, and the authority to launch investigations.

Indeed, under the bill, individuals who are detained by the CBSA would be informed that they have an avenue to make a complaint. If somebody has filed a complaint with the CBSA and is not satisfied with the manner in which the complaint was handled, the complainant may forward the matter to the PCRC for review. The PCRC would also have authority to initiate its own investigation into CBSA conduct when it is in the public interest to do so. The PCRC would report its findings and recommendations to the CBSA and to the minister.

I have been speaking about the authority to review complaints, but there is another level of authority required to govern serious incidents involving the CBSA and its personnel. These would include matters that, for example, may have resulted in serious injury or death, or constituted federal or provincial offences. The CBSA is responsible for conducting its own internal reviews of such matters, but there is currently no statutory obligation for the CBSA to conduct such a review.

Under the bill before us, the CBSA would be obliged to conduct internal investigations into alleged serious incidents. The CBSA would be required to notify the police of the jurisdiction in which the alleged serious incident took place and to notify the PCRC.

Furthermore, the CBSA would be required to provide the PCRC with reports and other information on serious incidents. The PCRC, for its part, would have the authority to send an observer to verify the impartiality of the CBSA’s internal investigation, and it would be required to report on the number, types and outcomes of serious incidents as part of its annual reporting. I am sure hon. members would agree that this would provide a much-needed degree of transparency to the handling of serious incidents.

Finally, I would remind the House of the special nature of CBSA review, in that it would seek to provide the consistent, fair and equal treatment that Canadians expect in a manner that would also include people who do not reside in Canada. The Canadian Human Rights Commission, for example, can receive complaints only from individuals lawfully in Canada. The PCRC, on the other hand, would be in a position to accept complaints from foreign nationals that involve allegations of discrimination by the CBSA.

These are important matters in creating the kind of robust accountability mechanisms that are essential for public trust in our border services and law enforcement institutions. The time is well overdue for the CBSA to join its partner organizations in having such a mechanism. Indeed, this is the third time in recent years that the government has endeavoured to reform the system. We attempted it in 2019 with Bill C-98 and again in 2020 with Bill C-3.

This bill is a key part of the government’s agenda, and I urge my hon. colleagues to join me in supporting its quick passage.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 10:35 a.m.


See context

NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, it is a great honour to stand today to offer my thoughts, as the NDP public safety critic, on Bill C-20.

Before I get into it, I thank the Minister of Public Safety for bringing this bill forward for debate. A number of weeks ago I was having a conversation with him about some of the public safety bills he had on the Order Paper. I identified to him that this bill in particular was of great importance, because we are now in the third Parliament of trying to deal with this legislation. We know there are great problems with Canada's police forces, and many Canadians feels they do not receive equal treatment from them. I am glad to see that we are finally at the point where we are giving this bill serious consideration.

Before I get going on the substance of Bill C-20, it is also important for me to say how much I value and appreciate the members of the RCMP who police my community and work day and night to keep people safe. In the Cowichan Valley, we are going through an opioid crisis right now. We have a very high death toll. I know that when overdoses happen, the RCMP are often the first ones on the scene. They work long hours, and I do not think they get enough recognition for the incredibly important role they play.

For those of us who have never been police officers, or who never will be, we will never know what it is like for the families who, at the start of every shift, wonder if their loved ones are going to return home. In my time as the member of Parliament for Cowichan—Malahat—Langford, I have been very privileged to get to know many serving members in the local North Cowichan and West Shore detachments. I formed a good bond with the detachment commander and look forward to strengthening those relationships. I promise that I will, as a legislator, do everything I can to support their role in keeping our communities safe.

The same goes for members of the Canada Border Services Agency. These men and women are our country's first line of defence at our ports of entry. They are diligently on the lookout each and every day for smuggling networks of firearms and drugs. They are carefully reviewing every visitor to our country and are making sure that we are not admitting criminals or those who may have committed war crimes.

That being said, it is impossible for us, as parliamentarians, to ignore the serious calls for reform of the RCMP and the CBSA. Some of those calls are coming from within the force, but a lot of those are from the outside. I will start with the CBSA.

The Canada Border Services Agency is the only major federal law enforcement agency without external oversight. The officers in that agency have a broad range of authority. They can stop travellers for questioning. They can take breath and blood samples. They have the ability to search, detain and arrest non-citizens without a warrant. They can interrogate Canadians. They also have the authority to issue and carry out deportations on foreign nationals.

These authorities have been carried out in an environment where charter protections are reduced in the name of national security. Despite all of these sweeping powers, this agency has existed until now without any independent or external civilian oversight for any complaints or allegations of misconduct.

I have a lot of respect for the men and women who wear the CBSA uniform. They are doing a very tough job. However, when you look at the force as a whole, the fact that there have been at least 16 deaths in CBSA custody since the year 2000 underlines the importance of having transparency added to how the agency functions, and of having external oversight so that Canadians could continue their trust in how it functions.

With the RCMP, we need to have a little history lesson. It was once known as the North West Mounted Police. It was the agent for enforcing Canada's racist policies against indigenous peoples. These policies called for the assimilation, relocation or elimination of indigenous peoples so that their lands could be made available for settlement and economic development.

There are two federal statutes that were primary tools in the RCMP's tool kit. There was the Indian Act, of course, which was the primary driver of assimilation, but also our Criminal Code was used to penalize indigenous people for their cultural practices. It also sought to eliminate the indigenous identity they expressed.

In modern times we have seen, certainly in my province of British Columbia, troubling interactions between the RCMP and indigenous protesters, most notably in Wet'suwet'en territory in the beginning of 2020. The British Columbia RCMP has a unit called the community-industry response group, and many of its interactions have raised some questions. It has been alleged to have made use of exclusion zones, psychological manipulation, siege tactics and arbitrary detention, theft of property, pain compliance and withholding the necessities of life.

Fairy Creek, in my riding, is one of the last untouched old growth watersheds in southern British Columbia, with some truly magnificent trees. It is on the traditional and unceded territory of the Pacheedaht First Nation. Last year, in the summer of 2021, a rumour that the area was going to be logged sparked massive protests in the region. With some of the tactics the RCMP used, such as exclusion zones to keep the media from interfering with its operation, the B.C. Supreme Court had to step in and rule that the exclusion zones and checkpoints were unlawful. Again, this is an example of the RCMP's not complying with existing law and making it up as it goes.

The complicating factor in Fairy Creek was the fact that the Pacheedaht First Nation was trying its best to cool down the temperature, so to speak. It simply wanted the time and the space to be able to figure out how it was going to manage its own lands. I do not think either side of that protest really fully respected its wishes, and that was the sad legacy of all that.

The other thing is that under the current Royal Canadian Mounted Police Act, we have the Civilian Review and Complaints Commission, but it has been plagued by extremely slow timelines. One example I remember reading about in the news is from back in 2014, when the B.C. Civil Liberties Association made a complaint with the CRCC. It alleged that the RCMP had carried out an illegal spying campaign against law-abiding protesters who were opposed to Enbridge's proposed northern gateway pipeline project. The CRCC probed the question and handed the Mounties an interim report in 2017, so it took three years for that interim report. The force still had not responded to that report three and a half years later, preventing the CRCC from releasing its findings publicly.

There are those kinds of timelines and the fact that the civilian agency, the CRCC, has routinely taken the RCMP to task for not properly following through on sexual assault investigations despite the RCMP's promises to do better. In fact, the CRCC has issued 43 adverse findings. These are conclusions that were unfavourable to the RCMP in cases involving sexual assault investigations since 2019, so that is over the last three years. An analysis of these reports has shown that too many RCMP officers fail to take sexual assault allegations seriously and struggle with matters of consent. Again, these problems are well documented, and they exist. We cannot hide from them. It is time for us to confront them openly, honestly and with a great deal of transparency.

I mentioned at the beginning of my speech that many of the criticisms are coming from outside these forces, but there are also major criticisms that need to be addressed from inside the force. Colleagues in this House may recall the name of Janet Merlo. Janet Merlo had worked as an RCMP officer in British Columbia for nearly 20 years when her doctor advised her to go on medical leave back in 2010 because of the constant bullying and harassment she had faced when working as a member of that force.

She and her co-plaintiff, Linda Davidson, took the RCMP to court. They ultimately earned an apology and received a settlement of $125 million for more than 2,300 women who had faced discrimination. It is not just people on the outside who are facing discrimination in their interactions with the RCMP. These were members in good standing, whose biggest goal in life was to be a positive contributor to the image of the RCMP, but who instead had to endure an unimaginable hell during their time within the force.

I will read from Human Rights Watch, which stated:

When they experience abuse at the hands of the police or when the police fail to provide adequate protection, women and girls have limited recourse. They can lodge a complaint with the Commission for Public Complaints against the RCMP, but the process is time consuming and the investigation of the complaint will likely fall to the RCMP itself or an external police force. Fear of retaliation from police runs high in the north, and the apparent lack of genuine accountability for police abuse adds to long-standing tensions between the police and indigenous communities.

That in itself underlines the seriousness of the issue and why it is so very important that this time, with Bill C-20, we make a determined effort to push it over the finish line so it becomes part of the statutes of Canada.

I do not think that today's discussion on Bill C-20 can happen unless we make an important reference to the report entitled “Systemic Racism in Policing in Canada”, which was tabled earlier this year by the Standing Committee on Public Safety and National Security. This was a report that was done in the last Parliament, but we ran out of runway in order to get a government response. I got unanimous consent from the committee in this Parliament to retable the report so we could get a government response.

I will read from the beginning of the report, which states:

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

It goes on to say:

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

From that report there were some amazing recommendations, but I will focus on the first four or five, because I think they are most pertinent to the bill before us today.

The first recommendation that came out of that report was that it called upon the Government of Canada to clarify and strengthen the mandate, independence and efficacy of the Civilian Review and Complaints Commission through a number of ways. The report recommended that there be a substantial increase in its annual funding to ensure it had adequate resources; that we create statutory timelines for responses by the RCMP commissioner to the reports; that there be a requirement that the commissioner of the RCMP report annually to the Minister of Public Safety to describe the steps taken to implement CRCC recommendations and that the report be tabled in Parliament; and that the CRCC be required to publish its findings and recommendations in respect of all the complaints it receives in a manner that protects the identities of the complainants.

The second recommendation called on the government to increase the accessibility and transparency of that same CRCC, so that the process for initiating a complaint is easier to navigate; ensure that the independent review process is explained in a detailed and accessible format, again making sure the people who are most impacted by this have as easy a time as possible in making their complaint; and make sure that the progression of a review and the reports involved in it are transparent and publicly available.

The third recommendation is particularly important, because it is calling for “meaningful and engaged Indigenous participation and holds the RCMP accountable for wrongful, negligent, reckless, or discriminatory behaviour”. This would require the government to “consult with local Indigenous groups where complaints or systemic reviews involve Indigenous complainants; include Indigenous investigators and decision makers [within the commission]; and ensure Indigenous investigators are involved where the complaint involves Indigenous people.”

I had a chance, when the minister gave his opening speech on the bill, to ask him about that, because currently the bill would allow for the government to have some discretion on who is appointed to the body. I asked the minister if he would be open to codifying the fact that we need to have indigenous participation. The media got a hold of my interactions with the minister, and the CBC took the time to reach out to Grand Chief Stewart Phillip, who is president of the Union of B.C. Indian Chiefs.

I will read a quote from him. He said, “All legislation must engage Indigenous input not after the fact but during the drafting of the legislation itself, and it's absolutely essential that any oversight bodies of policing agencies include an Indigenous presence.” That is from Grand Chief Stewart Phillip. I have to say that I think that kind of quote is very helpful, and I hope he will be of service when the bill comes before the committee.

The report flows on to recommendation 4, about making sure the appointment of Indigenous, Black and other racialized people is a part of that commission and that they also take leadership positions within the organization.

I have also borrowed heavily from Professor Kent Roach. He is a professor of law at the University of Toronto. He has often written about problems with the RCMP and the way we need to reform it. He too has publicly called for a reform of the existing CRCC to make sure it can investigate complaints and conduct systemic reviews, but also to create more indigenous police services. That is something we are looking forward to seeing, a legislative framework for indigenous policing in Canada.

There have been a lot of attempts at addressing this issue, and in fact my colleague, the member for Esquimalt—Saanich—Sooke, raised this issue all the way back in 2014, in the 41st Parliament. Several standing committees in both the Senate and the House have addressed this issue over a number of years, and as has been mentioned by previous speakers, we have seen the bill before us in other forms, in Bill C-98 in the 42nd Parliament, Bill C-3 in the last Parliament, and now Bill C-20 in this one. In each of those earlier cases we simply ran out of runway. One of the bills was introduced at the very end of a session, and the other bill, of course, fell victim to an unnecessary election call during the summer of last year.

Very quickly, because I know my time is winding down, when we look at the substance of Bill C-20, what it would essentially do, and this is a fairly radical departure from the previous versions, is create a brand new public complaints and review commission that would be a stand-alone piece of legislation, so it would be completely separate from the RCMP Act. That would give it a measure of independence that is sorely needed.

I know, from reading government backgrounders on this, that the Government of Canada has committed to funding $112.3 million over six years to this agency, with $19.4 million ongoing, and that is going to be incredibly important in ensuring it has the resources to do the job and Canadians can maintain trust.

In my final minute, I will conclude by saying that Bill C-20 is a good and important step, and I think ultimately it would help ensure transparency and public confidence in our institutions, both with the CBSA and the RCMP. Extremely vulnerable people in Canada, including refugee claimants, have long advocated for this body to ensure accountability and transparency. It is clear that we, as a Parliament, have waited a long time to codify these reforms, and I hope members from all parties will agree and come to a point where we can get this bill to a vote soon and send it to the Standing Committee on Public Safety and National Security so that we can look for ways to improve it.

I will conclude there. I appreciate this opportunity to have made a few remarks.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 10:20 a.m.


See context

Bloc

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

Mr. Speaker, there were a few minutes left in my speech on November 3 just before the Deputy Prime Minister took the floor to present her economic update.

Members will remember that, at the time, the House of Commons was all abuzz and everyone was eager to hear the Deputy Prime Minister’s speech, so I have a feeling that not many members heard what I had to say.

I will take this opportunity to review certain points that explain the Bloc Québécois’s position on Bill C-20. I began by announcing that the government had our support for the first reading of the bill. This is a second attempt for me in my speech today, but it is the third attempt for the government in its introduction of the bill.

In fact, the government has been trying to legislate on this issue for several years. Members will remember Bill C-3, introduced in the 43rd legislature, and Bill C-98, introduced in the 42nd legislature. I hope that the third time is the charm, and that Bill C-20 will be able to survive the entire democratic parliamentary process so that we can provide the Canada Border Services Agency and the RCMP with a truly independent external review commission.

The community has been asking for this for many years now. More than 18 years ago, in 2004, Justice O’Connor recommended the creation of an independent process to manage public complaints against the CBSA. The CBSA is the only Canadian public safety agency that has no external commission enabling the general public to file a complaint if they suffer any harm.

We know that this has happened in recent years. Many newspaper articles have reported on the fact that Canadian citizens returning home or leaving the country have suffered abuse by border services officers. Obviously, the point of my speech is not to put border services officers on trial. They usually do a very good job but, as in every organization, there are cases of abuse. We therefore need to enable the public to file complaints and allow these complaints to go through the necessary process to see whether anything can be done and whether these complaints should be reviewed.

Of course, there is a complaint process within the CBSA, but we know that self-investigation is never particularly effective. When complaints are dealt with internally, we often need to make access to information requests to find out what was the outcome of these complaints. Moreover, we know what happens with access to information requests these days. As my colleague from Trois-Rivières mentioned, the government “is so transparent that we can see right through the pages”. That is what he said about the 225 blank pages sent by Health Canada in response to an access to information request.

It would be a very good thing to have this process finally in place. As I said earlier, the community has been asking for this for many years. The Customs and Immigration Union gave its opinion on the bill. It asks that the review commission deal with not only misconduct by officers, but also any systemic problem that might come from higher up in the chain of command. That way, the problem could be investigated and complaints could be filed against managers and not just officers. The union really wants the entire chain of command to be looked at and, if there is a problem, officers should not be the only ones who are reprimanded for complaints filed with the commission.

What is also interesting about the bill is that it requires the minister of public safety to present an annual report informing the House and Canadians of what public safety agencies have done to implement the recommendations made by the public complaints and review commission. The commission would be able to issue recommendations to the department, and the minister would be accountable to the public and to complainants.

I mentioned earlier that border services officers have great power. They can detain and search Canadians and even deport people.

The legislative summary of Bill C-20 mentions the case of Maher Arar, a Syrian Canadian citizen who was deported, imprisoned and tortured in Syria. This was the result of a communication problem between Canadian and U.S. border services. Mr. Arar was questioned by the FBI. We realized that there might be a problem and that complaints were not being followed up on. That might have prevented this sort of thing from happening.

The number of investigations rose in 2020 compared to 2019. I do not have the figures for 2021 or 2022. Some 250 investigations of officers were conducted by the Canada Border Services Agency following complaints. For example, it appears that some officers interfered in the immigration process, while others attempted to assist immigration lawyers by illegally removing items that might raise questions from certain files. Still others apparently made disparaging comments about clients or inappropriate comments about colleagues. Some are said to have abused their authority. There were also complaints about harassment and sexual assault. These complaints are serious, and they demonstrate the need to create a thorough, independent complaint process. This will allow people who have been harmed by border services officers to have some recourse and keep informed.

Once again, the government can count on our support to improve this bill and pass it as soon as possible.

Bill C-32—Time Allocation MotionFall Economic Statement Implementation Act, 2022Government Orders

November 21st, 2022 / 12:30 p.m.


See context

NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, by my count, I think that the vast majority of last week was spent debating Bill C-32. Unfortunately, the House cannot debate two bills at any one time. As a consequence of last week, Bill C-20, the important oversight legislation for both the CBSA and the RCMP, has been bumped to tomorrow.

People have been waiting for years for an effective oversight mechanism for both of these agencies. The CBSA has never had this kind of oversight. There are other interests in play. I know that the Conservatives would like to keep on debating Bill C-32, but indigenous people in Canada, racialized people and so many people who have been at the wrong receiving end of both the RCMP and the CBSA have been waiting years for this important accountability and oversight legislation.

I hope that, after we get through Bill C-32 and it is sent to committee, I have a commitment from the government that Bill C-20 will get the priority it deserves.

We waited in the 42nd Parliament for Bill C-98 when that member was here. We waited in the last Parliament for Bill C-3 and we now, finally, have Bill C-20. I want to see a commitment that this bill will get the time it deserves.

Public Complaints and Review Commission ActGovernment Orders

November 3rd, 2022 / 3:45 p.m.


See context

Bloc

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

Madam Speaker, I am very pleased to debate Bill C‑20. We could call this take three, because the government has wanted to pass legislation for this matter for some years, but neither Bill C‑3, which was introduced in the 43rd Parliament, nor Bill C-98, which was introduced in the 42nd Parliament, were prioritized.

Those two bills unfortunately died on the Order Paper. However, what is encouraging is that all parties seemed to agree. They supported the principle of these two bills, which is relatively the same as what we find today in Bill C‑20. All things come in threes, as they say. I hope the bill will pass this time.

However, it is unfortunate that it was not made a priority earlier. It was more than 18 years ago that Justice O'Connor recommended the creation of an independent process to handle public complaints against the Canada Border Services Agency, or the CBSA. That decision was handed down in 2004, but it was not until 2022 that the government finally decided to act.

As the Minister of Public Safety explained earlier, Bill C-20 seeks to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act to change the public complaints process.

This bill would establish the public complaints and review commission, which would replace the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police. It would make it possible to investigate complaints concerning the conduct and level of service of RCMP and CBSA personnel and review specified activities of these two organizations.

It is true that we currently have an independent oversight mechanism, but its mandate covers only matters affecting national security. It is therefore rather surprising that the CBSA is the only public safety agency in Canada that does not have a body that gives citizens recourse against an organization that can sometimes abuse its authority—

Public Complaints and Review Commission ActGovernment Orders

November 3rd, 2022 / 1:15 p.m.


See context

Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalMinister of Public Safety

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

Madam Speaker, I am honoured to open up the debate on second reading of Bill C-20, an act establishing the public complaints and review commission and amending certain acts and statutory instruments.

I would like to thank the members of the Standing Committee on Public Safety and National Security for their important review of systemic racism in the enforcement of the act.

By creating a new public complaints and review commission, the bill would provide new tools to ensure transparency and accountability of the institutions Canadians rely on to keep them safe, to keep them safe in their communities through the work of the Royal Canadian Mounted Police and to keep them safe by protecting our international borders through the work of the Canada Border Services Agency. Canadians depend on these public safety organizations, but, at the same time, want assurances that these organizations will use the powers that have been entrusted to them responsibly.

Canadians have a right to consistent, fair and equal treatment when interacting with RCMP and CBSA officers. If members are not acting appropriately, Canadians naturally want and deserve assurances of a thorough review of these actions and consequences for any officer who engages in misconduct.

This is a fundamental principle of our democracy.

Our democracy depends on the principle of trust and confidence in our institutions, including law enforcement institutions. Independent civilian review overseeing is an essential element to that principle. This bill underscores it by creating an independent body that will strengthen transparency and autonomy through the independent review exercises of this new body.

Independence assures that Canadians can have their concerns taken seriously. The bill also underscores that principle. That is why this is stand-alone legislation rather than simply amending either the RCMP or CBSA Acts.

Currently, under the RCMP Act, an independent review and redress process is provided for by the RCMP through the CRCC, or Civilian Review and Complaints Commission. Current cases under the CRCC will be continued under the public complaints and review commission, or the PCRC, under the bill before us. The CBSA, on the other hand, currently has no independent review and redress process.

It is subject to review by various independent boards, tribunals and courts.

Without a dedicated review body, there is no avenue for independent investigation or review of public complaints against the CBSA.

The government has tried twice previously to address this shortfall by creating a review body for the CBSA. Some colleagues will recall that in 2019, our government introduced Bill C-98 and then in 2020, Bill C-3. Those pieces of proposed legislation sought to add CBSA review to the mandate of the existing CRCC, but both died on the Order Paper.

This issue has remained a priority for our government.

The 2020 Speech from the Throne included it in our agenda. The creation of a review body for the CBSA was of top priority and a component of the mandate that the Prime Minister gave to me when I took on this role in December of 2021.

It is time to give Canadians the accountability they deserve.

In the bill before us, the CRCC would be replaced by the new public complaints and review commission, which would continue to review the RCMP and would also become the independent review body for complaints concerning the CBSA.

The bill contains several mechanisms that would strengthen accountability beyond what has been available under the current CRCC for the RCMP. After engaging and listening to Canadians across the country, we have made significant reforms to the regimes proposed under Bill C-98 and Bill C-3 previously. We listened and we acted.

Therefore, in addition to creating a stand-alone law, other changes have been made.

This would subject the RCMP and CBSA to codified timelines. We heard complaints from Canadians regarding the RCMP's, at times, delayed response to reports from the CRCC. This time around, we are getting it right. The RCMP and the CBSA will have six months to respond to the PCRC's interim reports. They must also respond to certain reviews and recommendations of the PCRC within 60 days.

Second, the RCMP and the CBSA will be required to report annually to this office, the Minister of Public Safety, on their progress in implementing PCRC recommendations.

The third major change responds to a mandate the Prime Minister gave to me to combat systemic racism and discrimination in the criminal justice system, and advancing reconciliation with indigenous peoples. This is a critically important priority, especially at this time in our history.

Over the past number of years, in Canada and around the world, we have had necessary conversations about the presence and existence of systemic racism in law enforcement about the disproportionate mistreatment of Black, racialized and indigenous peoples across the country. It is high time that we act.

It is vitally important that this review system shed light on how to address these issues more fully.

Under the bill before us, the PCRC would collect and publish desegregated, race-based data on complainants in consultation with the RCMP and the CBSA.

I want to thank the chairperson of the CRCC, Michelaine Lahaie, and her colleagues for their advice and their vision on how the review process can become an essential tool to help not only understand systemic racism, but to eradicate it once and for all.

The fourth major change introduced in the bill would provide the PCRC with a public education and information mandate. The PCRC would implement programs to increase public knowledge and awareness of the PCRC's mandate and the right to redress.

Finally, the bill would address a gap in the current accountability and transparency regime involving how the CBSA responds to incidents of a serious nature.

These incidents can result in death or serious injury or violations of federal or provincial law.

The CBSA currently conducts its own internal reviews of such matters, but the bill before us would amend the CBSA Act so that the CBSA would be obligated to conduct such reviews. It would also need to notify both the PCRC and the police of appropriate jurisdiction.

The CBSA would also be required to provide the PCRC with reports and other information of serious incidents. The PCRC would have the authority to send an observer to assess the impartiality of these internal investigations. As part of its annual report to this office, the PCRC would also include the number, types and outcomes of serious incident allegations.

Taken together, these five changes represent a major step forward in the accountability and transparency mechanisms governing both the RCMP and the CBSA. The PCRC will be given the tools that it needs to help balance Canada's public safety and security priorities, as well as respect for the rights of the individuals with which they intersect.

To support the establishment of the commission, the government is investing $112.3 million over six years and $19.4 million ongoing. By creating an enhanced independent review body, the public complaints and review commission will help assure Canadians that they can continue to expect consistent, fair and equal treatment under the law when receiving services from the RCMP and the CBSA.

I urge all hon. members of the House to join me in supporting this important bill.

This is so Canada can assuage Canadians' concerns by creating greater transparency, oversight, and trust and confidence in our law institutions.

Royal Canadian Mounted Police ActGovernment Orders

February 21st, 2020 / 12:25 p.m.


See context

Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, it is an honour to stand today to speak to Bill C-3.

The bill before us was introduced in the dying days of the last Parliament as Bill C-98, and the Conservatives supported it at all steps.

Bill C-3, while it is an important bill, undoubtedly will be seen as another Liberal failure with respect to consultation. We saw this time and again in the last Parliament. Promise after promise was broken or unfilled. I think we will see the exact same thing with Bill C-3.

I want to bring to the floor again, and I do not think we can say it enough, the voices of the Wet'suwet'en. I would never say that we are speaking on behalf of or for the Wet'suwet'en, but it is important we bring their voices to the floor.

I would remind the House and my colleagues that the House is not ours. It does not belong to us or the Prime Minister. The House belongs to the electors who voted in the 338 members of Parliament. Those are the voices that really matter here.

Today we are debating Bill C-3 when our country is seized with a crisis. What we have seen over the last three weeks is no leadership whatsoever from the Prime Minister.

Yesterday, we had a motion before the House, on which we will vote on Monday. Speaker after speaker, at least on the Conservative side, brought the voices of the Wet'suwet'en to the floor of the House. A lot of people have stood in the House, with their firsts in the air, saying they are standing with the Wet'suwet'en. The reality is that they are not standing for the real voices of the Wet'suwet'en.

Yesterday I heard from two chiefs from my riding. One was the former chief of the Haisla Nation. He thought I should ask the Prime Minister about aboriginal titles and rights and to whom he thought they belonged. They belong to the first nations communities.

The Wet'suwet'en and 21 nations voted in favour of the Coastal GasLink. They voted for bands, chiefs and councils to represent them. Those chiefs and leaders within their communities voted in favour of lifting their communities out of poverty. They chose economic prosperity, not economic despair.

Ellis Ross wanted me to ask the Prime Minister why so many leaders outside of first nations were standing against lifting their first nations up? They voted in favour of something that could bring so much hope to and opportunities for these communities. In northern B.C., these types of game-changing opportunities are few and far between.

Yesterday the Liberals said that they would not support our motion because we used the term “radical activists”. They believed that we were talking about our first nations, that they were radical activists.

The other chief asked me why it was okay to have the Rockefellers and the Tides Foundations limit opportunity for first nations. This is the truth. He said that if the Prime Minister was standing in front of him, he would give him a piece of his mind. I am paraphrasing, because it would be unparliamentary to say the exact words.

It is disappointing that the voices of the Wet'suwet'en, who voted in favour of lifting their communities out of economic despair and who chose hope, are being silenced. They are not being heard; they are being discounted. We are here today because of that.

While 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, is important, we should be continuing to bring the voices of the Wet'suwet'en to this floor, ensuring they are heard. That is what is important.

Therefore, I move:

That the House do now adjourn.

Royal Canadian Mounted Police ActGovernment Orders

February 21st, 2020 / 12:10 p.m.


See context

Conservative

Eric Duncan Conservative Stormont—Dundas—South Glengarry, ON

Mr. Speaker, I am pleased to rise today to speak to Bill C-3, in the last Parliament being Bill C-98, which was introduced in its last days.

I will say at the outset that I will be supporting this legislation. I believe the majority, an overwhelming number of members in the House, will be doing that.

To start off my comments in the House today, as I have listened to the debate not only today but over the course of the last few weeks in this legislation, I think members of the opposition have rightfully questioned some of the processes for this.

Again, as I mentioned, this is something that I believe many communities have been asking for. I will get into the specifics of my riding of Stormont—Dundas—South Glengarry, but it was very frustrating to see the legislation tabled at the last minute, only a few weeks before the end of the last Parliament, but of course I am happy to see it now back in this Parliament.

We have heard some concerns from the customs and immigration national union about those who are on the front lines not being consulted, yet wanting to make sure that they are consulted in this process. Of course, it is an oversight body of their work. I think that as a part of the consultation, it would be a natural body for the government to bring in and include when talking about a piece of legislation such as this.

From a technocratic perspective, over the last few weeks as this was being debated, I have done some interventions and made comments related to making sure that this oversight body works. I mean that in the sense of being timely and responsive to the resolution of the complaints or challenges that come forward.

Very frankly, we have seen this before with different government departments or oversight bodies. If individuals who file complaints are not getting their issues resolved in a timely manner, their confidence in the oversight body will not exist. They may not complain when valid complaints should come forward. We have to question the effectiveness of this.

I think that a lot of members who have raised that issue want to ensure that this legislation goes through. When it does, for lack of a better word, we will be the oversight of the oversight, to make sure that it achieves what we want to do.

I want to focus on my riding specifically of Stormont—Dundas—South Glengarry and the importance of this legislation. I will make the bold statement that this legislation may impact my riding the most of any riding in the country. I acknowledge that this involves oversight for both the RCMP and CBSA, but I will focus on the CBSA aspect.

As members may be aware, my riding is home to a port of entry in the city of Cornwall that travels through a first nations community: the Mohawk Council of Akwesasne.

We have a bit of a unique geographic set-up with our port of entry. Cornwall Island for many years hosted the port of entry. In 2009, there was some back-and-forth with some challenges there, and the border was shut down for several months while a new location was worked out.

What happened was that the port of entry moved from Cornwall Island to the city of Cornwall. The challenge that it presents now is that first nations community members, people who are visiting Akwesasne or coming from Akwesasne to the city of Cornwall or the counties and out past there, have to go through a port of entry to enter into Canada.

This is the number one issue when I speak with the Mohawk Council of Akwesasne in my riding, the grand chief and council members. We are working on myriad different issues together, and I have appreciated their co-operation as I have reached out. We are working on some issues with Canada Post, land claims and economic development, but the port of entry is the number one concern.

I had a conversation recently with Grand Chief Abram Benedict about this piece of legislation. The council provided a letter almost four years ago to the previous minister of public safety, Ralph Goodale, that spoke about the need for this type of legislation. In the letter is a statistic that says 70% of the daily traffic that goes through the port of entry in my riding and deals with CBSA officials on the front lines are members of Akwesasne who are actually Canadian citizens and may be going to the city of Cornwall for groceries, gas, dinner or other services.

As my colleagues can imagine, it is a very frustrating situation for residents. I have echoed what the grand chief and council have said, that it is a physical barrier between Cornwall Island, the city of Cornwall and the rest of Canada. If one is accessing the 401, it is a physical barrier, but it is also a social, cultural and economic barrier in terms of ease of traffic.

I bring that back to talk about the importance of this bill because the members of Akwesasne and CBSA have thousands of interactions on a weekly basis. Unfortunately, over the course of the last 10 or 11 years, there have been some incidents and complaints, and there has not really been that oversight process to have those concerns addressed and resolved in a timely manner.

I will note the continued progress of the advocacy that the council has done on this. There was news in my riding at the beginning of the year that the Mohawk Council of Akwesasne and the CBSA have partnered for a better border experience. It was covered in the Cornwall Seaway News and the Cornwall Standard Freeholder in my riding. While that is a step in the right direction, in terms of that dialogue and process, this oversight agency is something that has been asked for by my community.

I should clarify it is not just the Mohawk Council of Akwesasne and the residents of Cornwall Island who are asking for this. Leaders in the city of Cornwall are asking as well.

People who are business owners want to see a proper, smooth flow for economic and social reasons. While this is a step in the right direction, I am going to be making sure in my riding and my community that, as complaints arise about experiences and exchanges that happen on the front lines of CBSA, those issues are addressed through this channel in a timely manner.

If resolutions come out of these recommendations to do better and to change processes at the port of entry, in Cornwall for example, those are done and followed through in a timely manner.

The relationship the CBSA workers have with the community in the Cornwall area is strong. I want to finish by thanking the CBSA workers on the front lines, not just in the city of Cornwall and the port of entry there, but across the country.

They have a very challenging job to do, very often in trying circumstances. We debate issues of a national portfolio here in Ottawa. For example, we talk about guns smuggled in from the United States, and about drugs and human trafficking. There are so many issues that our CBSA officials have to deal with to protect our country on a daily basis.

My message, as I wrap up my comments here today, is to thank those front-line workers. This oversight would be a win-win for them in terms of some of the protections they would have as well. I want to thank Grand Chief Abram Benedict for reaching out and chatting with me recently about this legislation. I want to thank him for putting this on the radar and sharing the local experience of what we have in my riding and our port of entry and how this legislation can go about.

I am looking forward to this. I think, by the sounds of the debate over the course of the last few weeks, this will go through. I am looking forward to it going to committee. After my conversations with the grand chief, I am hoping that he may be a witness. He can make sure that members of the committee who review the legislation understand the support for it from my riding and also understand some of the challenges we specifically have.

We will find ways to make sure that the intention is always there, through legislation, to do better and to make sure this is actually working, that the complaints process responses are timely, that there are resolutions and that there are outcomes.

We will make sure that this is not just a forum to say we have complaint resolution without resolving some of the challenges we face. We certainly think it is in the best interests of all Canadians, including the people in the city of Cornwall and the first nations community of Akwesasne. For the flow of the relationship, when we talk about reconciliation, this is a very tangible item that could help move us another step forward.

I am pleased to speak to this today and I look forward to the questions and comments from my colleagues.

Royal Canadian Mounted Police ActGovernment Orders

February 21st, 2020 / 10:30 a.m.


See context

Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

Mr. Speaker, I am pleased to rise today to speak to the government bill, Bill C-3, an act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act. The bill would rename the Civilian Review and Complaints Commission for the RCMP to the public complaints and review commission. It would also amend the Canada Border Services Agency Act to:

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.

The bill is a copy of Bill C-98, which died on the Order Paper at the end of the 42nd Parliament. During the study of Bill C-98, the committee heard from just seven witnesses, including the minister and five officials who reported to him. I hope this time, in our minority Parliament, the parliamentary committee will have the ability to study the bill as thoroughly as it deserves and hear testimony from more witnesses, contrary to the study of Bill C-98, when the Liberals failed to consult customs and immigration in the creation of it.

One would think that when creating legislation regarding the security of Canadians, all stakeholders would be consulted and such legislation would be presented in a substantive and timely way. We now have the chance to ensure that all stakeholders are heard at committee and members are given the time needed to undertake this.

That being said, the bill seems straightforward in its objective that Canada's law enforcement agencies ought to have an oversight body. This is especially helpful at the border, where a civilian review commission would improve oversight and help CBSA be an even more effective agency in its duties and functions.

There is a Liberal crusade against law-abiding firearms owners, highlighted by Bill C-71, passed in the previous Parliament, and the apparent upcoming blanket firearms bans are likely to come before both the RCMP and CBSA oversight bodies. This is problematic because of the extra and quite unnecessary amount of work it would create for both agencies.

The Liberal government likes to paint law-abiding firearms owners with one brush, that they are dangerous and cannot be trusted with the responsibility of firearms ownership or are outdated, backward and likely criminals. On this side of the House, we know that to be false.

We know that law-abiding firearms owners are among the most vetted citizens in the country. It is illegal to possess, store or transport a firearm without first possessing a licence, the PAL or the RPAL, through a program that is run by the RCMP. It includes extremely stringent requirements, including background and reference checks and classroom instruction and testing.

People who are deemed fit to be given the restricted firearms licence must then register all of these restricted firearms with the government and receive authorization to transport them to and from the range. These responsible law-abiding firearms owners are run through police databases regularly, if not daily. The Liberals' portrayal of them is wrong and insulting.

The government is also trying to spin the firearms legislation as the right move, that it would enhance safety for Canadians. However, the legislation does nothing to address the safety of Canadians and seeks to punish law-abiding Canadians instead of criminals.

Given the spirit of Bill C-3, with its oversight bodies that are meant to reduce harm and combat overreach, would it not make sense for all of the government's safety and security legislation to be in the same spirit and have the same goal?

The Liberals are seeking to ban certain firearms and are moving to reclassify some rifles as prohibited, which means over 10,000 legally purchased and owned rifles would be reclassified for no reason in particular. They have not advanced a logical argument for the banning of these firearms, and I cannot think of one either. These firearms function in a similar method to a technology first introduced in 1885, so it cannot be that they are unsafe when used properly. Also, they adhere to the same regulations regarding capacity as other non-restricted firearms.

How does the government's plan to classify legally bought and owned rifles as prohibited combat gang violence? It does not, not one bit. In fact, it has the potential to criminalize the owners of these rifles if they do not comply with the new ownership requirements of the prohibited firearm.

Retroactively applying this law means that a person could be jailed for up to 10 years for something that was perfectly legal when it was done. Let us imagine this. A government that is giving pardons for actions that were crimes when committed but are now legal is criminalizing something that was perfectly legal when it was done. This totally rejects the premise of Bill C-3, because the changes to firearms laws certainly overreach and mistreat law-abiding Canadians.

The attacks on law-abiding firearms owners by the government neglect to combat crime. They punish lawful firearms owners in other ways as well, especially those who live in rural areas like Leeds—Grenville—Thousand Islands and Rideau Lakes.

Because of the Liberal government's disdain for firearms owners and rural Canadians writ large, it is working to revoke authorization to transport firearms except from store to home and between home and target range. Gun shows, gunsmiths, border crossings and airports would require special permission each and every time. If people want to pick up their firearms from the gunsmith on their way to a shooting match, they would need an ATT. If they are dropping off their firearm at the gunsmith after a day at the range, they would need an ATT. If they want to take a firearm from the store where they bought it to the gunsmith, they would need an authorization to transport, or an ATT. Besides disregarding the realities of travel in rural areas, this would create a constant need for bureaucratic paperwork and would increase costs to Canadian taxpayers, with absolutely no benefit or increase to public safety and security.

When it comes to the safety and security of Canadians, the government's short-sighted legislative record on firearms decreases the safety and security of law-abiding firearms owners through its creation of a backdoor firearms registry. It would force firearm retailers to keep detailed transaction records of every firearm buyer and purchase spanning a period of 20 years. When people walk into their favourite retailer and purchase a rifle and ammunition, the retailer would be forced to record their personal information and register it with the registrar. This is not just in stores that specialize in retail firearms. This is also in big box stores, even for simply purchasing ammunition. These lists would become highly prized targets for hackers and thieves, and citizens on the registries would be put at great risk of being robbed, or worse.

Since we are talking about the role of oversight bodies and Canada's law enforcement agencies, I will note that the government's attack on law-abiding firearms owners would create an environment where there is a greater risk of overreach. It would give law enforcement greater leeway to arbitrarily prohibit firearms by removing the government's ability to easily un-prohibit firearms, fuelling concern of more bans and more overreach. We are seeing this now, as the minister has indicated his intention to subvert democracy and undertake a blanket ban on certain firearms. If that does not spell overreach from the highest levels, I do not know what does.

Canadians expect effective oversight of federal law enforcement agencies. The bill looks as if it would be effective in doing so, but the Liberals made a promise to do this in 2015 and then let the bill die on the Order Paper in the last Parliament. It is disappointing that they failed to consult the union representing Canada's border officers and that they have a culture of lazy legislation when it comes to the safety and security of Canadians.

Canadians expect the House to give thorough review to all legislation put before it. They expect that the legislators here will speak to witnesses and the relevant stakeholders. Even though that was not permitted to happen under majority rule in the previous Parliament, in this Parliament we hope to undertake a full study.

Royal Canadian Mounted Police ActGovernment Orders

February 7th, 2020 / 2:10 p.m.


See context

Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Madam Speaker, I am very pleased to answer my colleague's question. I hold her in high regard and have a lot of affection for her. We crossed swords from time to time when I was the finance critic and she was the parliamentary secretary to the finance minister. We had a lot of fun together. I also want to acknowledge the contribution of the member for Moncton—Riverview—Dieppe.

We agree on the principle of the bill. We believe that this is the right approach. That is why, when we studied Bill C-98 during the 42nd Parliament, we made rigorous and legitimate efforts that led to the passage of the bill. Of course, we raised some very relevant questions, which we will raise again. I am convinced that we will have the opportunity to examine this issue more thoroughly in committee.

We definitely agree on the principle of the bill.

Royal Canadian Mounted Police ActGovernment Orders

February 7th, 2020 / 1:55 p.m.


See context

Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Madam Speaker, I am very pleased to rise today on this stormy Friday in Quebec. Obviously, as usual, everything is going smoothly here in the House with no sign of a storm.

We are here on this Friday afternoon to talk about 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. Essentially, this bill would create a committee that would oversee the operation of these two organizations. It is also the logical next step to a bill that was introduced and passed in the previous Parliament, Bill C-98.

As members probably already heard from some of the previous speakers, the official opposition is in favour of this bill. I wanted to say that right off the top. However, we have some concerns that we will raise during the debate at first and second reading and in committee.

First, I would like to take this wonderful opportunity to pay tribute to those who work for the RCMP and the Canada Border Services Agency. Every day, they work to protect, sometimes at the risk of their own lives, our security both within Canada and at our border crossings.

We do not think about this often enough, but we are extraordinarily privileged to live in such a safe country. That is due to millions of Canadians, of course, but above all to the people whose job it is to protect us all. That includes the members of the Royal Canadian Mounted Police. It also includes the officers who protect border crossings across Canada, both those working on the ground, right at the border, and those working in our airports and ports. We must not forget that we share the longest land border in the world with the United States, and we can be very proud of it because we know it is well guarded by these officers. We owe them so much.

As I was saying, this bill flows from another piece of legislation from the last Parliament. Members will recall that in 2015, the current government got itself elected by saying it would table a bill addressing the concerns this document is about.

Today, we can see that the people on the government side seem surprised that things are not moving along as fast as they hoped. I would remind them that, despite getting elected on that promise back in 2015, they did not table Bill C-98 until the very end of their first term. If they really thought it was so important, so integral, so essential, so vital to their commitment, they could have tabled that bill much sooner.

I will not mention certain promises that were not kept during the Liberals' first term, such as the “modest deficits” and the return to a balanced budget in 2019. However, this also proves that this government, which got itself elected on the strength of certain promises, did not accomplish what it said it would.

Since we are talking about border services, I want to share a sad episode in Canada's history, perhaps the saddest episode in the history of our border services. Unfortunately, this episode was not provoked by our workers, our employers, our public servants, our RCMP officers or our border services officers, but by the Prime Minister of Canada himself. He is the one who is fully responsible for the refugee crisis we have had and continue to have in Canada. We are sad to say that it has been nearly three years since the Prime Minister himself unwittingly created a crisis.

It was the evening of January 28, 2017. I remember because I got a Twitter alert on my smart phone indicating that the Prime Minister had just tweeted something.

The Prime Minister, who was all too happy to tweet something to outdo the Americans, but especially to give himself some brass and prestige on the world stage, wrote a tweet that essentially said, you are all welcome here in Canada. The Prime Minister's tweet came on the heels of the U.S. government's announcement that it was closing its doors to all refugees from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.

That tweet set off a border crisis the likes of which we have never seen in this country. Over 40,000 people entered Canada illegally at Roxham Road, showing complete contempt and disregard for the honour and hard work of other people from around the world who followed the rules and dreamed of coming here to enrich Canada with their presence. Unfortunately, those 40,000 people got the Prime Minister's green light to come into Canada through the back door, which is illegal.

I am choosing my words carefully because I know that there is a war of words going on. Some people call it “irregular”, not “illegal”. If it is indeed irregular, why is there a huge sign at the entrance to Roxham Road saying that it is illegal to cross the border except at an official crossing?

Once something illegal has been done, how can it then be considered “irregular”?

This is a big deal. This is why those guys, the Liberals, are talking about irregularity instead of illegality. My colleagues and I have been asking the government for the last three years why there is a huge sign at the entrance of Roxham Road that says it is an illegal entrance. People cannot go there. It is illegal.

If the Liberals cannot accept what their own government is writing on signs they should resign, but they will not.

That is the problem with this government. It likes to crow about its lofty principles, wears its heart on its sleeve and brings everyone to tears talking about how Canada is the most beautiful, most wonderful country on the planet, a country that will welcome every last living creature with open arms.

The actual fact of the matter is that Canada has laws and rules that must be obeyed, not because one leans left or right but because everyone needs to follow the rules and the rules apply to everyone.

When we were in power, we took in 25,000 refugees. Unlike the current government, we did not make a big show of it when people arrived at the airport. We did not convene the media, the Prime Minister, the Deputy Prime Minister, the minister of this, that and the other thing and an opposition member to please everyone and get some air time.

We focus on being a serious, rigorous and humanitarian country that cares about individuals more than those TV appearances the Liberals like to use to show that they are the best and the nicest. Our serious Conservative approach allowed 25,000 refugees from around the world to come enrich our country.

Refugees and immigrants contribute to our country's wealth. I know what I am talking about. This is a bit of a conflict of interest for me because my parents came here in 1958 as immigrants. It is important to disclose any conflicts of interest, and I just did. I cannot thank Canada enough for welcoming my parents in 1958.

Some 40,000 people have crossed illegally into Canada at Roxham Road. I remind members that this sparked a battle with the Government of Quebec, which had to wait three years to get reimbursed for all this.

What is worse, these illegal crossings were an insult to the thousands of people from around the world who follow the rules and contact various embassies, consulates and border services. As members of Parliament, we know how this works, since we see all kinds of cases at our riding offices. These people were not fortunate enough to see the Prime Minister's tweet, take Roxham Road and automatically gain access to Canada.

On April 3, 2018, the National Post reported that the first secretary at the Canadian embassy in Mexico warned the government that the Prime Minister's tweet was causing all kinds of problems.

In conclusion, I want to sincerely thank all of the RCMP officers as well as all the Canadians, from both the RCMP and the Canada Border Services Agency, who keep us safe.

Royal Canadian Mounted Police ActGovernment Orders

February 7th, 2020 / 1:25 p.m.


See context

Liberal

Patricia Lattanzio Liberal Saint-Léonard—Saint-Michel, QC

Madam Speaker, I appreciate this opportunity to add my voice to the debate of Bill C-3 at second reading. This important piece of legislation would amend the Canada Border Services Agency Act and the Royal Canadian Mounted Police Act to establish a new public complaints and review commission for both organizations. This would give the CBSA its own independent review body for the first time.

Transparency and accountability are extremely important in any context. That certainly includes the public safety and national security sphere. Canadians need to have trust and confidence in the people and agencies that work so hard to protect them. Right now, among the family of organizations that make up the public safety portfolio, only the CBSA lacks a full-fledged independent review body dedicated to it.

The RCMP has had such a body since 1988, the Civilian Review and Complaints Commission for the RCMP. The CRCC reviews complaints from the public about conduct of RCMP members and conducts reviews when complainants are not satisfied with the RCMP's handling of their complaints. This process ensures public complaints are examined fairly and impartially.

Canada also has an office of the correctional investigator, which provides independent oversight of Correctional Service Canada. The correctional investigator essentially serves as an ombudsman for federal offenders. The main responsibility of the office is to investigate and try to resolve offender complaints. The office is also responsible for reviewing and making recommendations on CSC policies and procedures related to those complaints, the goal being to ensure areas of concern are identified and appropriately addressed.

The CBSA really stands out in this context.

Before I go any further, it is important to point out that a fair number of CBSA's activities are already subject to independent oversight through existing bodies. Customs-related matters, for example, are handled by the Canadian International Trade Tribunal. With the passage of Bill C-59, the CBSA's national security-related activities are now being overseen by Canada's new National Security and Intelligence Review Agency. This agency is an independent, external body that can report on any national security or intelligence-related activity carried out by federal departments and agencies. It has the legal mandate and expertise to review national security activities and serves an important accountability function in our democracy.

However, a major piece is missing in the architecture of public safety and national security oversight and accountability. There is currently no mechanism for public complaints about the CBSA to be heard and considered. That is a significant oversight, given the scope of the agency's mandate and the sheer volume of its interactions with the public.

CBSA employees deal with thousands of people each day and tens of millions each year. They do so at approximately 1,200 service points across Canada and at 39 international airports and locations. In the last fiscal year alone, border officers interacted with 96 million travellers, both Canadians and foreign nationals, and that is just one aspect of its business. It is a massive, complex and impressive operation. We can all be proud of having such a professional, world-class border services agency.

In the vast majority of cases, the CBSA's interactions with the public happen without incident. Our employees work with the utmost professionalism in delivering border services to those entering the country. However, on rare occasions, and for whatever reason, things go less than smoothly. That is not unusual. People are human and we cannot expect everything they do will be perfect all the time. However, that does not mean there should not be a fair and appropriate way for people to air their grievances. If people are unhappy with the way they were treated at the border, or the level of service they received, they need to know that someone will hear their complaint in an independent manner. Needless to say, that is currently not the case.

The way things currently work is that if a member of the public makes a complaint about the CBSA, it is handled internally. In other words, the CBSA investigates itself. In recent years, a number of parliamentarians, commentators and observers have raised concerns about this problematic accountability gap. To rectify the situation, they have called for an independent review body specific to the CBSA. Bill C-3 would answer that call.

Under Bill C-3, the existing Civilian Review and Complaints Commission for the RCMP would be given new powers and remain the public complaints and review commission, or PCRC. The newly established PCRC would consider complaints related to conduct or service issues involving either CBSA or RCMP employees. Those who believe they have had a negative interaction with a CBSA employee would have the option of turning to the PCRC for remedy and would have one year to do so.

The same would continue to be the case with respect to the RCMP. This would apply to Canadian citizens, permanent residents and foreign nationals. That includes people detained in CBSA's immigration holding centres, who would be able to submit complaints related to their conditions of detention or treatment while in detention.

The complaints function is just one part of the proposed new PCRC. The commission would also have an important review function. It would conduct reviews related to non-national security activities involving CBSA and the RCMP, since national security, as I noted earlier, is now in the purview of the National Security and Intelligence Review Agency. The findings and recommendations of the PCRC would be non-binding. However, the CBSA would be required to provide a response to those findings and recommendations for all the complaints. I believe that combining these functions into one agency is the best way forward.

The existing CRCC already performs these functions for the RCMP, and the proposals in the bill would build on the success and expertise it has developed. Combining efforts may also generate efficiencies of scale and allow for resources to be allocated to priority areas. On that note, I certainly recognize that additional resources would be required for the PCRC, given its proposed new responsibilities and what that would mean in terms of workload.

That is why I am pleased that budget 2019 included nearly $25 million over five years, starting this fiscal year, and an additional $6.83 million per year ongoing to expand the mandate of the CRCC. That funding commitment has also been positively received by stakeholders. With Bill C-3, the government is taking a major step toward enhancing CBSA independent review and accountability in a big way.

I was encouraged to see an apparent consensus of support for this bill in our debate so far. As we know, just eight months ago, the previous form of this bill, Bill C-98, received all-party support during third reading in the House during the last Parliament. In reintroducing this bill, we have taken into consideration points that were previously raised by the opposition parties, and we hope to rely on their continued support.

The changes proposed in Bill C-3 are appropriate and long overdue. They would give Canadians greater confidence in the border agencies that serve them and they would bring Canada in line with international norms in democratic countries. That includes the systems already in place with some of our closest allies, such as the U.K., Australia and New Zealand.

I am proud to be supporting this important piece of legislation. I will be voting in favour of this bill at second reading and I urge all of my hon. colleagues to do the same when the time comes.

Royal Canadian Mounted Police ActGovernment Orders

February 7th, 2020 / 1:15 p.m.


See context

Green

Paul Manly Green Nanaimo—Ladysmith, BC

Mr. Speaker, I would like to thank the Conservatives for sharing this time with me so that I can speak to this important bill. As other members have pointed out, this has been a long time coming, and it is something civil society organizations and citizens have been asking for.

CBSA officers are on the front lines at our borders and do important and valuable work. CBSA officers interact with 95 million travellers every year. It is important that the work they do is recognized and that the people who step up to do that job are respected and recognized for the work they do. My sister was a police officer in the OPP for 24 years. My uncle served in the RCMP. I spent time with them on ride-alongs and saw the work they do. I have talked with their colleagues and documented some of the work they do. Just like the folks who are here to serve and protect us as part of our parliamentary security, these are people who step up to serve and protect our communities, and it is important to respect the work they do.

However, there can be complaints that come forward to the media. The last time we were debating this topic as Bill C-98, there was a complaint brought forward to the media by a woman who had been mishandled by the CBSA. She had been strip-searched, felt the whole process was arbitrary, and did not have the confidence to complain to the CBSA about what had happened to her. In 2016 to 2018, there were 1,200 cases of alleged misconduct by CBSA employees. These are the things that can taint an organization that employs many people. There were 228 cases of neglect of duty, 183 cases of discreditable conduct on duty, 59 cases of harassment, 38 cases of criminal association, 25 cases of abuse of authority, seven cases of assault, five cases of intimidation, five cases of uttering threats, five cases of sexual assault and four cases of smuggling. There have been accusations of racism and other things happening at the border.

Most people do not realize that when they cross the border, they are in a legal no man's land and have very few rights. The CBSA has extensive powers to take blood and saliva samples, to access data on computers and ask for passwords, to conduct strip searches, to detain people and to arrest non-citizens. We have had 14 deaths since 2000 in CBSA detention centres, and there has been no independent review of these deaths or any potential criminal implications for any wrongdoing. It is very important to bring the CBSA into the same process that all of our other security forces have with respect to oversight bodies, so having a public complaints and review commission is really important.

There are a couple of things in this bill we would like to see adapted and changed.

The RCMP Act, under the ineligibility paragraph at subsection 45.29(2), excludes current and former members from serving on the Civilian Review and Complaints Commission. Under the act, “member” has a specific definition, and means an employee of the RCMP. Presumably, this should be amended so the current and former agents of the CBSA should also be excluded from sitting on the public complaints and review commission. It is incumbent that it be independent, because somebody who has served with the CBSA may have colleagues who are being called forward with respect to a complaint. Therefore, it needs to be completely at arm's length if we do not want this continued relationship.

When one is in these security organizations as a police officer, it is like a brotherhood or sisterhood. These people think the best of their officers, and they want to believe the best of them.

This was the case for my sister when she was in the OPP. She was at the Ipperwash inquiry, looking into the wrongdoing of fellow officers. At first, she had trouble believing they could be involved in the wrongful death of Dudley George. In that inquiry, some of the worst behaviour of certain members of the OPP came out. It is important that it is an independent body that looks at these behaviours and reviews it properly.

Another thing we would like to see changed is some notification for people who are to be deported. There is a case of a gentleman named Richard Germaine, who is an indigenous man. He was born in California, lived his whole life in Penelakut Island, which is in the Cowichan—Malahat—Langford riding. He is married. He is a community leader.

Right before Christmas, without any warning or knowledge that his citizenship papers were in any sort of disarray so he could take some steps toward it, CBSA officials showed up at his home. They put him leg irons and took him away in front of his wife, who is a residential school survivor. This traumatized her, their children and their grandchildren. They took him in a van to a detention centre in Vancouver, where he was ordered to be deported as quickly as possible. He had no idea what was happening to him.

Fortunately, he was working with an ethnobotanist at the University of Victoria. The member for Saanich—Gulf Islands helped, working with the minister, to ensure Germaine was taken out of detention.

I realize that some people might cut and run with a notification, but in this case, it clearly shows that just showing up right before Christmas, putting somebody in leg irons and dragging the person away is not appropriate. That is another aspect we would like to see amended.

We share concerns about how this will be funded to ensure the public review complaints commission has adequate funds to do its work.

However, we think this is an important legislation to pass. CBSA should have the same kind of oversight that other police agencies and security agencies have in the country.

Royal Canadian Mounted Police ActGovernment Orders

February 7th, 2020 / 1 p.m.


See context

Liberal

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.

Royal Canadian Mounted Police ActGovernment Orders

February 7th, 2020 / 12:50 p.m.


See context

Conservative

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.

Royal Canadian Mounted Police ActGovernment Orders

February 7th, 2020 / 12:35 p.m.


See context

Ottawa West—Nepean Ontario

Liberal

Anita Vandenbeld LiberalParliamentary 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.

Royal Canadian Mounted Police ActGovernment Orders

February 7th, 2020 / 10:20 a.m.


See context

Conservative

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.

Royal Canadian Mounted Police ActGovernment Orders

February 7th, 2020 / 10:05 a.m.


See context

Liberal

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.

Royal Canadian Mounted Police ActGovernment Orders

February 6th, 2020 / 6:30 p.m.


See context

Liberal

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 bipartisan 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.

Royal Canadian Mounted Police ActGovernment Orders

February 6th, 2020 / 6:10 p.m.


See context

Conservative

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.

Royal Canadian Mounted Police ActGovernment Orders

February 6th, 2020 / 6:05 p.m.


See context

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary 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.

Royal Canadian Mounted Police ActGovernment Orders

February 6th, 2020 / 5:50 p.m.


See context

Liberal

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.

Royal Canadian Mounted Police ActGovernment Orders

February 6th, 2020 / 5:35 p.m.


See context

Liberal

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.

Royal Canadian Mounted Police ActGovernment Orders

February 6th, 2020 / 5 p.m.


See context

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary 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 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 for 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.

Royal Canadian Mounted Police ActGovernment Orders

February 6th, 2020 / 4:30 p.m.


See context

Green

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.

Royal Canadian Mounted Police ActGovernment Orders

February 6th, 2020 / 3:20 p.m.


See context

Conservative

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.

Royal Canadian Mounted Police ActGovernment Orders

February 6th, 2020 / 3:20 p.m.


See context

Conservative

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

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—

Royal Canadian Mounted Police ActGovernment Orders

January 29th, 2020 / 5:50 p.m.


See context

Conservative

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 hamstrung 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.

Royal Canadian Mounted Police ActGovernment Orders

January 29th, 2020 / 5:45 p.m.


See context

Liberal

Pam Damoff Liberal Oakville North—Burlington, ON

Mr. Speaker, through you, I would like to welcome the hon. member for Skeena—Bulkley Valley to this place.

It is true that this legislation has been called for for a long time. After we were elected in 2015, we brought a robust number of bills to the public safety committee. The public safety minister at the time, Ralph Goodale, was introducing more legislation than was coming from any other department. He was fixing the previous national security framework in Bill C-59. We brought in Bill C-22 and we did introduce Bill C-98 to deal with the CBSA review agency. Unfortunately, the bill ran out of time in the Senate before it could be passed.

It is my hope that we can do this quickly and get it sent to committee and the Senate and finally get this review body in place.

Royal Canadian Mounted Police ActGovernment Orders

January 29th, 2020 / 5:35 p.m.


See context

Oakville North—Burlington Ontario

Liberal

Pam Damoff LiberalParliamentary Secretary to the Minister of Indigenous Services

Mr. Speaker, it is an honour to rise today to speak to Bill C-3, which seeks to establish a new, independent public complaints and review body for the Canada Border Services Agency, or CBSA. This represents another step forward in the government's commitment to ensuring that all of its agencies and departments are accountable to Canadians.

As a member of the public safety committee during the last Parliament, I am quite proud to have participated in legislation that made remarkable change and took the number of measures we took to ensure greater accountability of our security agencies and departments.

Two years ago, our Bill C-22 received royal assent, establishing the National Security and Intelligence Committee of Parliamentarians. That addressed a long-standing need for parliamentarians to review the Government of Canada's activities and operations in regard to national security and intelligence. It has been in operation for some time now and is a strong addition to our system of national security review and accountability. As members will know, the committee has the power to review activities across government, including the CBSA.

To complement that, our committee studied our national security framework, as well as Bill C-59, which allowed for the creation of the National Security and Intelligence Review Agency, or NSIRA. NSIRA is also authorized to conduct reviews of any national security or intelligence activity carried out by federal departments and agencies, including the CBSA. All of this is on top of existing review and oversight mechanisms in the public safety portfolio.

The Civilian Review and Complaints Commission for the RCMP investigates complaints from the public about the conduct of members in the RCMP, for example, and does so in an open, independent and objective manner. The Office of the Correctional Investigator conducts independent, thorough and timely investigations about issues related to Correctional Service Canada.

Bill C-3 would fill a gap in the review of the activities of our public safety agencies. The existing Civilian Review and Complaints Commission, which is responsible for complaints against members of the RCMP, would see its name change to the public complaints and review commission and its mandate expanded to include the CBSA. It would be able to consider complaints against CBSA employee conduct or service, from foreign nationals, permanent residents and Canadian citizens, regardless of whether they are within or outside of Canada. Reviews of national security activities would be carried out by NSIRA.

Here is how it would work in practice. If an individual has a complaint unrelated to national security, she or he would be able to direct it either to the commission or to the CBSA. Both bodies would notify the other of any complaint made. The CBSA would be required to investigate any complaint, except those disposed of informally. The commission would be able to conduct its own investigation of the complaint in situations where the chairperson is of the opinion that doing so would be in the public interest. If an individual is not satisfied with the CBSA's response, the commission would be able to follow up as it sees fit.

The new PCRC would also be able to produce findings on the CBSA's policies, procedures and guidelines. It would also be able to review CBSA's activities, including making findings on CBSA's compliance with the law and the reasonableness and necessity of the exercise of its powers. Indeed, the commission's findings on each review would be published in a mandatory annual public report.

Bill C-3 not only fills a gap in our review system. It answers calls from the public and Parliament for independent review of CBSA. Most significantly, the Senate Standing Committee on National Security and Defence, in its 2015 report, encouraged the creation of an oversight body. I would like to acknowledge Bill S-205 from our last Parliament, introduced in the other place not long after the government took office, which proposed a CBSA review body as well.

Certainly we have heard from academics, experts and other stakeholders of the need to create a body with the authority to review CBSA. During testimony at the public safety committee on December 5, 2017, Alex Neve, secretary general of Amnesty International, said, “how crucial it is for the government to move rapidly to institute full, independent review of CBSA.” This was reflective of much of the testimony we heard, and I am pleased the government is acting on this advice. I would also like to acknowledge my colleague from Toronto—Danforth for her efforts and advocacy for the establishment of a CBSA review body.

The CBSA has a long and rich history of providing border services in an exemplary fashion. It does so through the collective contribution of over 14,000 dedicated professional women and men, women like Tamara Lopez from my community, who is a role model for young women looking for a career in the CBSA.

The CBSA already has robust internal and external mechanisms in place to address many of its activities. For example, certain immigration-related decisions are subject to review by the Immigration and Refugee Board of Canada, and its customs role can be appealed all the way up to the Federal Court.

That said, when it comes to the public, the CBSA should not be the only body receiving and following up on complaints about its own activities. Indeed, some Canadians might not be inclined to say a word if they do not have the confidence that their complaint will be treated independently, objectively and thoroughly. Bill C-3 would inspire that confidence.

The Government of Canada is committed to ensuring that all of its agencies and departments are accountable to Canadians. Bill C-3 would move the yardstick forward on that commitment. It would bring Canada more closely in line with the accountability bodies of border agencies in other countries, including those of our Five Eyes allies.

The accountability and transparency of our national security framework has improved greatly since we were elected in 2015. This bill would continue these efforts by providing border services that keep Canadians safe and by improving public trust and confidence. Bill C-3 would ensure that the public continues to expect consistent, fair and equal treatment by CBSA employees. That is why I am proud to stand behind Bill C-3 today.

In the last Parliament, the House of Commons unanimously passed Bill C-98, which was a bill to bring oversight to CBSA. Although that bill died in the Senate, it is my hope that all parties will again come together to pass this bill.

I listened to the member for Medicine Hat—Cardston—Warner speak earlier in this debate. He spoke at length about firearms and his petition opposing our promise to make Canadians safer by enhancing gun control. I would remind him that almost 80% of Canadians support a ban on military-style assault rifles according to an independent Angus Reid survey.

I know he and his party supported oversight of the CBSA in the last Parliament. I hope he and all members will join me in supporting oversight in this Parliament under Bill C-3 and assure the bill's passage this session.

Royal Canadian Mounted Police ActGovernment Orders

January 29th, 2020 / 5:20 p.m.


See context

Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, I will be sharing my time with the member for Oakville North—Burlington.

I rise today to speak to the important debate about Bill C-3, which would entrench civilian oversight of the Canada Border Services Agency.

In following the debate thus far, I am very encouraged by the comments I have heard from the other side with respect to the importance of this kind of legislation, and its connection to the previous legislation that came forward in the last Parliament, notably Bill C-98.

Canadians know that the CBSA is an entity and an agency that ensures Canada's security and Canadians' prosperity by facilitating and overseeing international travel and trade across our border. What is important is that it ensures the free flow of goods and people across that border.

What is critical to understand is how vast the CBSA is in its scope. It has a staff of approximately 14,000 individuals operating a wide range of integrated border services. It operates in 1,000 locations at 117 land border crossings and 13 international airports, as well as in 39 international offices. It interacts with literally thousands of Canadians daily and millions of people yearly. In 2017-18, the statistics are quite staggering: 96 million travellers were processed in total during that one calendar year. That gives us a sense of the size and scope of the CBSA.

I am rising here today on behalf of my constituents in Parkdale—High Park, because there are extensive powers granted to CBSA officials, and that is for good reason. The agency needs extensive powers in order to operate and function effectively and carry out these important functions, but with extensive powers has to come extensive accountability.

This is what we would call a sine qua non, a critical component of what is required for any law enforcement agency in the country. What was lacking up until the introduction of this bill and eventual, hopefully, passage of the bill is that accountability piece.

Let us talk about those extensive powers. When they are protecting Canadians, CBSA officials have the authority to arrest, detain, search and seize, as well as the authority to use reasonable force when required. At the border, as many Canadians know, officers have the power to stop travellers for questioning, to take breath and blood samples, and to search, detain and arrest non-citizens without a warrant. These are very critical powers. These are very broad powers.

The list of powers I have just provided to the chamber underscores the critical need for oversight. The powers of detention, search and seizure and the use of force are important to the work that CBSA does. However, that work, which we want to ensure is successful, would be jeopardized if the Canadian public does not have the confidence that those extensive powers are being used legitimately and appropriately in conformity with the rights that are protected in this country.

There is a simple way to ensure that public confidence. In legal parlance, we talk about the administration of justice, or the administration of the regime, being held up to wide repute. That is to ensure that there is a transparent public oversight mechanism done by a civilian body.

That is what I hear about from my constituents in Parkdale—High Park. That is what I hear about in my role as Parliamentary Secretary to the Minister of Justice. People believe in entrenching law enforcement with certain powers because they understand the necessity of it, but there needs to be a counterbalance, which is a check on the illegitimate or inappropriate use of such powers which may occur in any policing body.

There is a cliché that applies to virtually everything that is done in law enforcement: The police should not be policing themselves. The investigators should not be investigating themselves. A body needs to be seen to be overseen by an external third party in order to ensure a measure of independence and a measure of neutrality. That is what we have critically with other law enforcement agencies in this country. That is what makes it so puzzling that we do not have it yet with the CBSA.

Let us turn to the RCMP, CSIS and Correctional Service Canada. They all have this independent form of review for their activities. It is critical. They have public trust in their institutions because of that oversight.

It is important that this bill would entrench that type of oversight, but is also important to think about who is supporting this kind of initiative. The B.C. Civil Liberties Association, the Canadian Council for Refugees and the Canadian Association of Refugee Lawyers have pointed out in numerous situations the need for independent investigation. They have cited examples. They are few but they are important, because of the scope of that work. They interact with 96 million travellers within a given year. That is staggering in terms of numbers.

Nevertheless, incidents have arisen over the last 10 to 15 years which bear dramatic scrutiny and highlight the need for this kind of civilian oversight.

In 2010, Kevon Philip was beaten to death in Toronto's Don Jail while being held in immigration detention. In 2013, Lucia Vega Jimenez was taken into custody at the Vancouver International Airport. She was found hanging in a shower stall at the airport's immigration holding centre. Abdurahman Ibrahim Hassan, a 39-year-old Toronto man, was granted refugee status in Canada after coming from Somalia in 1993. He died in June 2015 in a Peterborough hospital where he had been taken under police escort. He had spent four years at the Central East Correctional Centre in Lindsay after serving a jail term for a criminal conviction and was issued a deportation order in 2005.

All told, since 2000, at least 15 people have died while in CBSA custody, including a 50-year-old woman who died in a maximum security prison in 2017. That track record has prompted Amnesty International, a well-known organization that all of us respect in this chamber, to call for an independent review body. That call has been echoed by my constituents and others that I have interacted with, not just in Parkdale—High Park but throughout the country. The call is simple: Let us pull back the curtain. Let us assure Canadians that the significant powers that have, of necessity, been granted to the CBSA to do its important work are at all times exercised appropriately, in accordance with the charter and with Canadians' fundamental rights.

Let us look at some comparisons with other law enforcement agencies in Canada. Independent civilian oversight ensures public confidence. Let us look at border services agencies in other allied countries that we want to compare ourselves to.

In the United Kingdom, Australia, New Zealand and France, the border services agencies are all subject to civilian external oversight. In fact, Canada is one of the few developed countries that does not have an independent review body for complaints made about the conduct of border agency staff. When we look at the Five Eyes allies, the United States, Britain, Australia and New Zealand, again, Canada is the only member right now without an independent review body.

The rationale is simple: Given the extraordinary powers granted to CBSA officers compared to all of the other public safety portfolio agencies as well as the Five Eyes international border agencies, there is currently a significant gap. It is a gap we had committed to close in the 2019 election after our previous attempts to do so in the last Parliament, as has been articulated by previous speakers, under Bill C-98, as it then was, were unsuccessful. However, the bill did receive widespread support in this House in the last Parliament, and I am very hopeful that it will continue to receive widespread support, because the simplicity of the rationale of this bill is there for everyone to recognize, understand and to get behind. It is a gap that needs to be closed, and a gap that we would close today.

I would like to outline how this is a user-friendly mechanism. This mechanism would ensure oversight in a manner that addresses things like the recommendations that were made by Justice Dennis O'Connor in 2006 under the Maher Arar inquiry, when he called for independent oversight of border services agencies, including the CBSA and the RCMP. It would have the ability to investigate complaints received from both the public and public interest bodies and have the power to self-initiate reviews, which is something that Justice O'Connor mentioned specifically in his Arar inquiry report.

Currently, people's complaints about the CBSA are handled entirely internally. We know that, all told, about 2,500 complaints are received by the CBSA on an annual basis, which is a significant number. However, the fundamental point to understand in this chamber for today's debate is that handling those complaints internally is one mechanism, but it is not the most robust mechanism, and it is certainly not the mechanism that is applied to other law enforcement agencies in this country.

It is critical that members of the public be able to take complaints to an external body. However, this external body, this new public complaints mechanism, should be able to initiate reviews of its own volition. Therefore, it would not require a complaint to be filed in order to pursue a matter.

Regarding the examples I listed at the start of my comments, it is critical that there be a serious incident protocol or a serious incident definition entrenched in this proposed legislation. This would include the actions of a CBSA officer that constitute an assault as well as serious injury or death, including death of a person in detention.

When we are dealing with those grave circumstances, it obviously goes without saying that the Canadian public and we, as parliamentarians, require a measure of accountability to be put in place.

That is the measure of accountability that is forthcoming with this legislation. That is why I am standing in support of it. I hope all of my parliamentarian colleagues will do the same.

Royal Canadian Mounted Police ActGovernment Orders

January 29th, 2020 / 4:45 p.m.


See context

Bloc

Rhéal Fortin Bloc Rivière-du-Nord, QC

Madam Speaker, the Bloc Québécois is very happy that this bill has been introduced. We were taken for a ride in the previous Parliament. Bill C-98 was introduced too late and unfortunately died on the Order Paper. I hope that we will have time to pass Bill C-3 before the next election, which is looming over our heads like the sword of Damocles.

The Bloc Québécois plans to vote in favour of Bill C-3, as it did with Bill C-98. There is no surprise there.

The current situation is untenable. The statistics are alarming. From 2016 to 2018, there were 1,200 complaints, including 59 allegations of harassment, 38 allegations of criminal association and five allegations of sexual assault. Those are striking figures. The Canada Border Services Agency is short-staffed. Complaints may not always be given the attention they deserve. We think that an independent commissioner should be appointed.

It is also not right that the CBSA itself hears complaints about its own services. That obviously does not meet the minimum legal requirements, whether under natural law or in accordance with the rights set out in our charters regarding an impartial hearing before those concerned. Since the commissioner would be a third party, we believe that he could deal with any complaints filed with his office in a serious, impartial, fair and independent manner—at least that is what we hope. We believe that creating the commissioner's office would make this possible.

This is nothing new. I looked at the statistics on the various complaints that were filed. In 2017-18 alone, just two years ago, there were reports of racist and rude comments. Officers allegedly searched cellphones without putting them in airplane mode, which is illegal. Searches can be conducted legally if the phone is in airplane mode, but not otherwise. In some situations, officers allegedly took photos of the information contained in cellphones. They also allegedly forced someone to open their banking app. All of these things are unacceptable.

Some people complained about rude treatment. Apparently an officer shouted and insulted travellers. In another case, people who had dealings with the CBSA were told there was no interpretation service available, which meant that they were unable to communicate with the officer. One officer was racist and told a client he was ugly. That is unconscionable. This is not a banana republic.

We think complaints should be treated with respect, as should all CBSA clients, whether they are right or wrong, which is a different story. At a bare minimum, these requests should be handled respectfully and attentively.

Last year, the member for Vancouver East quoted something Justice O'Connor said over 10 years ago. He recommended introducing a CBSA oversight mechanism. More recently, an immigration lawyer named Joel Sandaluk said this on CBC: “CBSA, for many years, has been a law unto itself. It's hard to imagine an organization with the size and the complexity and the amount of responsibility and authority of an agency like this would be completely without any kind of oversight.”

He added that the statistics may have been skewed, but temporary residents of or visitors to Canada were in fact not here long enough to file a complaint. Obviously, he did not even mention those who do not file complaints out of fear of reprisal. It is a troubling situation and according to Mr. Sandaluk, this is likely only the tip of the iceberg.

CBC mentioned the case of a woman deported to Guatemala who was allegedly pushed to the ground by an officer, who is alleged to have kicked her and dug his knee into her back. That is outrageous. When we read these reports, these statistics, we do not get the impression that this is a professional border services agency that serves a country like Canada and serves the people and the visitors of Quebec who have to deal with them.

More recently, just a few weeks ago, the Canadian Press reported some statistics. The International Civil Liberties Monitoring Group of Toronto said that the definition of a founded complaint in the CBSA reports was too vague to allow adequate changes or adjustments to be made. This is just another situation that does not help to improve the services provided by the agency.

The Privacy Commissioner of Canada, Daniel Therrien, told Radio-Canada that the agency and its customs officers had not followed acceptable practices for handling the personal information of Canadian citizens re-entering the country. It is not your ordinary Joe saying it, it is the commissioner himself. He added that the line had been crossed.

It is ridiculous. It is about time that we acknowledge and address this issue.

According to other information made public by Radio Canada, a CBSA officer apparently shredded his handwritten notes three days after receiving a call from one of the commissioner's investigators.

For all these reasons, we believe that Bill C-3 must be implemented as quickly as possible. Once again, they must not play the same trick on us that they did with Bill C-98, which was introduced before this bill. We believe that Bill C-3 should be referred to a committee right away.

In closing, I want to make it clear that the Bloc Québécois is not blaming the officers or the agency. That is up to the commissioner, if warranted, and if designated.

We believe that the Canada Border Services Agency has not had the benefit of adequate oversight, which it should have received from the proper authorities. Respectfully, the responsibility lies with the current Liberal government and its predecessor, the Conservative government. We believe that the time has come to address this issue and we are grateful for Bill C-3.

I would also like to add that the union representing the CBSA officers should appear before the committee when it studies the bill. We hope that the bill will be referred to a committee as soon as possible. The committee should make every effort to hear from experts, immigration lawyers who have worked with the CBSA and the officers' union. I am convinced that the union has important things to tell the committee about this issue.

Royal Canadian Mounted Police ActGovernment Orders

January 29th, 2020 / 4:35 p.m.


See context

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary 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 was encouraged by the member's comments. Again, we will go back to Bill C-98, and take ideas from it. I believe the member was the critic of his party for Ralph Goodale. I do appreciate the concerns he has raised.

However, I would ask the member if the Conservative Party has some amendments to the bill they would specifically like to bring forward and if he is able to share that with us well in advance of the bill going to committee. Could he provide his thoughts on any suggestions the Conservatives might have, given that we have had the legislation now for quite a while if we factor in Bill C-98?

Royal Canadian Mounted Police ActGovernment Orders

January 29th, 2020 / 4:20 p.m.


See context

Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Madam Speaker, as always it is a privilege to rise in the House and speak to an important issue, the protection of Canadians in our communities. That is the top priority of this House, something I have said for several years, and I am happy to hear the new public safety minister beginning to echo those same sentiments.

Bill C-98 from the previous Parliament session, renamed Bill C-3 in this session, proposes to repurpose and rename the RCMP's civilian complaints commission to the “public complaints and review commission” and expand its mandate to review both the RCMP and the CBSA.

I want to take this opportunity to thank the RCMP and CBSA members for the incredible work and service they provide to Canadians.

I am privileged to be the first to rise on behalf of the official opposition and say that our team is cautiously optimistic of this legislation. Our Conservative team supports that all governments, employees and elected officials should be accountable to the people and the taxpayer. 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. For those reasons, a properly implemented oversight agency, as is used by police services across the country, including the RCMP, seems to be a sound policy and certainly long overdue.

In 2016, Ralph Goodale, the previous public safety minister, testified he was already working on the issue and prevented legislation from others to proceed.

In 2017, Mel Cappe provided his advice, which is captured in this bill, to create a civilian oversight body. Unfortunately, it took until the last days of the previous Parliament session for the Liberals to move ahead. Hopefully, the retabling of the bill three months into this new session suggests the Liberals are certainly taking this issue seriously.

Canadians expect federal law enforcement to act to uphold our laws and to be held accountable if it does not. This bill will align well with the values of many Canadians and the values of the Conservative team. However, it would not have been my top priority. Rather, I would have liked to talk about issues that at this time are of top priority to Canadians, such as the 134,000 people from across this country who have signed e-petition 2341. Currently, it is the largest e-petition in Canadian history and is the third largest in all of Canadian petition history, only behind the 1949, 625,000 hard-copy petition for the Canadian Bill of Rights and the 1975 petition on not proceeding with the abortion law. Of course, I am thrilled to be the sponsor of that petition. It highlights the flaws in the Liberal plan to target law-abiding Canadian gun owners for the actions of criminals and gangs.

I would have also liked to talk about the issue of rural crime and how it impacts all rural communities, especially those where the RCMP are left short-handed, and about the lack of a Liberal plan to deal with the skyrocketing opioid crisis in our communities, all the deaths that are occurring and the public safety concerns of gangs, shootings and illegal firearms. We should be talking about the erosion of our border security under the current Liberal government, not just with respect to the crisis of illegal border crossers, but also with drugs, handgun smuggling, human trafficking by many of the gangs running drugs, and the massive backlogs in the monitoring and deportation of known terrorists, criminals and national security risks.

However, we are here today to talk about Bill C-3, an oversight bill. Oversight is good. It ensures that people know that there is someone who will look into actions that are not in keeping with our laws. This bill should provide investigative powers, an ability to review situations, provide feedback and determine the course of action on scope and scale with anyone who violates our laws and principles.

Bill C-3 proposes to repurpose and rename the RCMP civilian complaints commission to the “public complaints and review commission” and expand its mandate to both the RCMP and the CBSA.

Since coming into government, the Liberals have added numerous layers of oversight, bureaucracy and process into national security and public safety with very little action that actually protects Canadians.

The Liberals have added the parliamentary National Security and Intelligence oversight committee, the new National Security and Intelligence review committee, the expanded Intelligence Commissioner and now the expanded role of the Civilian Review and Complaints Commission for the RCMP.

This is on top of the existing reviews that include the Minister of Public Safety, the Minister of National Defence, the Minister of Foreign Affairs, the national security advisor and now the newly appointed Deputy Prime Minister.

I certainly hope we do not have investigations by seven or eight federal agencies with respect to this one complaint and what this act is supposed to do.

Over the last five years, the Liberals have committed $150 million on boosting oversight. In contrast, between 2015 and 2019, they promised $400 million to policing and gangs, but delivered next to nothing.

Members will stand and say that oversight is the right way to go and that this bill, with some edits, as has already been mentioned in a previous question, could actually benefit Canadians. It will be important to ensure the right amendments are in place.

The bill would create a mechanism to complain about inappropriate actions by border officers. Police agencies have had civilian oversight and review for decades, and it is common practice around the world for law enforcement. It seems logical that a large enforcement agency, like CBSA, should have the same checks and balances. This will help officers who are wrongly accused to show that they acted appropriately, if they did, and it will remind officers that they are not above the law, which is something we all need.

However, the bill is silent on holding people accountable. The public complaints and review committee can examine evidence, call witnesses and write a report, but the bill seems silent on how officers who violate the law, code or principle can be held accountable.

I have not been in Parliament as long as some, but anyone who has paid attention to the Auditor General or other parliamentary officers can see a pattern: programs, services and reviews designed to look like they address issues, but lack any kind of accountability or powers to hold people accountable.

The Liberals are repeating the same thing over and over again. They gave us a new agency, a new commission, a new committee or another new bureaucracy, but refuse to put in place any measures that would take steps to correct the problems the commission or committee was there to deal with in the first place.

Let me use Vice-Admiral Norman as an example. The Prime Minister personally pointed the finger at Vice-Admiral Norman. The vice-admiral was fired and charged with serious offences. The Prime Minister said that he supported the RCMP in its investigations, but made no effort to provide full evidence to support its investigations or refute that investigation. It is only when Vice-Admiral Norman's attorney interviewed former Conservative ministers from the Harper administration that suddenly the case fell apart and the vice-admiral was completely exonerated.

A report into this civilian oversight committee, and I can only speculate since the Prime Minister continues to use cabinet confidence to cover up his trail, would probably reveal a use of select evidence, a plan to railroad and to blame a decorated officer in an attempt by the Prime Minister to hold the truth from Canadians.

Under this model, it should stop there. There would be no actions or recourse to address the issue to stop it from happening again, as is the case with Vice-Admiral Norman. There is no punishment for a corrupt politician to attack and railroad an honoured and decorated officer in the Canadian Armed Forces.

The House and the committee can and should give this bill proper scrutiny. While the idea seems sound and the model certainly better than in other legislation, I am very wary of anything the government does on borders. It has not managed our borders well and have not been upfront with the House of Commons or Canadians about those issues.

In 2017, the Liberals told us there was nothing to worry about with the tens of thousands of people crossing illegally into Canada. They told us they did not need new resources, security was going well and everything was just fine.

In reality, security was being cut in other areas to deal with the volumes of illegal border crossers, provinces and cities were drowning in costs and overflowed shelters, border and RCMP agencies were stretched and refugee screenings were backing up. According to the ministers at the time, everything was fine.

Then, three budgets delivered new funding and changes and a promise to deal with issues facing our border. Billions were spent on this issue, another example of mismanagement for the taxpayer to clean up, and things are no better. However, we still continue to pay millions to deal with the issue without any reduction in the problem.

What should we scrutinize?

First, we should ensure we hear from those people impacted by the decision, such as groups like front-line RCMP and CBSA officers who would be subjected to the evaluations this oversight committee would have. We were shocked in the last session that neither the RCMP or the CBSA unions were involved. However, again, that is not necessarily new in the consultation policies of the government.

A news article stated, “The union representing border officers has heard little about the proposal and was not consulted on the bill”, that being the former Bill C‑98, a bill nearly identical to this one. It went on to say, “Jean-Pierre Fortin, national president of the Customs and Immigration Union (CIU), said the president of the CBSA also was left in the dark and could not inform the union of any details of the legislation.”

My hope is that this has been taken care of, or will be taken of. However, in speaking with those two bodies, with the National Police Federation, on the previous bill, I am left with the impression that the Liberals did not consult them either.

As members heard earlier, I had asked the minister if the government had corrected it this time. I guess we will find out once it gets to committee, and my colleagues will hear from those individuals who I just mentioned.

We will want to hear from impacted Canadians on this matter. There should not be a need to get high-priced lobbyists involved to get the minister's attention.

We should also ensure that Canadians do not need to hire lawyers to get access to the Complaints Commission and its processes, which is critical for those who might be impacted by any impropriety during a border crossing.

Further, we need to ensure that the minister and his staff, and other leaders across the public safety spectrum, cannot get their hands on the processes and decisions of these oversight bodies.

Finally, I want to mention the issue of the Liberals using their majority to ram things through despite serious issues in the last Parliament.

I call on and expect all members of the public safety and emergency preparedness committee to abide by their own judgment of the testimony of experts and witnesses and not the will of the minister's staff or demands of the political arm of the PMO. Also, timelines are constructed by the committee not the Minister of Public Safety or his staff. Knowing that the current and the former chair of the public safety committee is a scrupulous and honoured individual, I trust he will not suggest that legislation needs to be finished by a certain deadline to make a minister or staff happy before members can hear appropriate testimony.

There is a lot of trust and faith needed, obviously, for the House to work well together on any legislation, and certainly this one is no exception. Trust is built through honest answers and legitimate questions. Trust is reinforced by following integrity and the need to get it right rather than just to be right.

I hope the minister will be clear with committee members on spending, resources, his proposed plans and the areas where we can all improve, or certainly the government can improve on the track record from the past. Perhaps with new legislation in this new session, we can see the government try to broker such trust, starting with Bill C-3. We will wait to see if that to happen.

Business of the HouseGovernment Orders

June 19th, 2019 / 9:55 p.m.


See context

Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

Mr. Speaker, there have been discussions among the parties, and I think if you seek it, you will find unanimous consent for the following motion.

I move:

That, notwithstanding any Standing or Special Order or usual practice of the House:

(a) the motion respecting the Senate Amendments to Bill C-91, An Act respecting Indigenous Languages, be deemed adopted;

(b) the motion respecting the Senate Amendments to Bill C-92, An Act respecting First Nations, Inuit and Métis children, youth and families, be deemed adopted;

(c) 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 deemed to have been concurred in at the report stage, and deemed read a third time and passed;

(d) Bill C-101, An Act to amend the Customs Tariff and the Canadian International Trade Tribunal Act, be deemed to have been concurred in at the report stage, and deemed read a third time and passed on division; and

(e) when the House adjourns on Thursday, June 20, 2019, it shall stand adjourned until Monday, September 16, 2019, provided that, for the purposes of any Standing Order, it shall be deemed to have been adjourned pursuant to Standing Order 28 and be deemed to have sat on Friday, June 21, 2019.

Public Safety and National SecurityCommittees of the HouseRoutine Proceedings

June 18th, 2019 / 10:10 a.m.


See context

Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, I have the honour to table the 37th report of the Standing Committee on Public Safety and National Security on 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.

I also want to endorse the general comments on the way in which we are so well served by those officials who are clerks and analysts. In this instance, I also want to compliment and appreciate the co-operation of my vice-chairs, the members for Beloeil—Chambly and Charlesbourg—Haute-Saint-Charles, and all of the members of the committee, along with the House leadership who have moved the bill in a very expeditious fashion because it is of great importance to the Canada Border Services Agency.

I also want to generally compliment the working of the committee. We have gone through something in the order of 13 major pieces of legislation, plus numerous reports, plus numerous private members' bills and we have had a collegial atmosphere that has served us all well. I am thankful to present the bill and this report.

Public SafetyOral Questions

June 10th, 2019 / 3:05 p.m.


See context

Kanata—Carleton Ontario

Liberal

Karen McCrimmon LiberalParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Mr. Speaker, all allegations of this nature are taken very, very seriously. The minister is aware of this file. We are committed to ensuring that border services earn and deserve the trust of Canadians. We have put $24 million into a civilian review and complaints commission to handle these kinds of specific complaints and there is legislation. We hope that all members will work with us to get Bill C-98 passed.

Public SafetyOral Questions

June 10th, 2019 / 3:05 p.m.


See context

NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Mr. Speaker, the Canada Border Services Agency is still the only public safety agency in Canada that does not have an external review process.

CBC reported that a Canadian woman, Jill Knapp, went through a traumatizing experience because of the CBSA.

For years, I have asked the minister to keep his promise and table legislation to correct this. Bill C-98 is too little, too late and another broken promise.

Why did the minister wait until the eleventh hour before tabling a bill that would allow proper scrutiny of CBSA and allow us to protect Canadians' rights?

National Security Act, 2017Government Orders

June 7th, 2019 / 12:25 p.m.


See context

NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Madam Speaker, I am very pleased to rise in the House today.

I ask for the indulgence of the House and I hope no one will get up on a point of order on this, but because I am making a speech on a specific day, I did want to shout out to two of my biggest supporters.

The first is to my wife Chantale, whose birthday is today. I want to wish her a happy birthday. Even bigger news is that we are expecting a baby at the end of July. I want to shout out the fact that she has been working very hard at her own job, which is obviously a very exhausting thing, and so the patience she has for my uncomparable fatigue certainly is something that I really do thank her for and love her very much for.

I do not want to create any jealousy in the household, so I certainly want to give a shout-out to her daughter and our daughter Lydia, who is also a big supporter of mine. We are a threesome, and as I said at my wedding last year, I had the luck of falling in love twice. I wanted to take this opportunity, not knowing whether I will have another one before the election, to shout out to them and tell them how much I love them.

I thank my colleagues for their warm thoughts that they have shared with me.

On a more serious note, I would like to talk about the Senate amendments to Bill C-59. More specifically, I would like to talk about the process per se and then come back to certain aspects of Bill C-59, particularly those about which I raised questions with the minister—questions that have yet to be answered properly, if at all.

I want to begin by touching on a more timely issue related to a bill that is currently before the House, Bill C-98. This bill will give more authority to the Civilian Review and Complaints Commission for the RCMP so that it also covers the Canada Border Services Agency. That is important because we have been talking for a long time about how the CBSA, the only agency that has a role to play in our national security, still does not have a body whose sole function is to review its operations.

Of course, there is the National Security and Intelligence Committee of Parliamentarians, which was created by Bill C-22, and there will soon be a committee created by Bill C-59 that will affect the CBSA, but only with regard to its national security related activities.

I am talking about a committee whose sole responsibility would be to review the activities of the Canada Border Services Agency and to handle internal complaints, such as the allegations of harassment that have been reported in the media in recent years, or complaints that Muslim citizens may make about profiling.

It is very important that there be some oversight or further review. I will say that, as soon as an article is published, either about a problem at the border, about the union complaining about the mistreatment of workers or about problems connected to the agency, the minister comes out with great fanfare to remind everyone that he made a deep and sincere promise to create a system that would properly handle these complaints and that there would be some oversight or review of the agency.

What has happened in four whole years? Nothing at all.

For years now, every time there is a report in the news or an article comes out detailing various allegations of problems, I have just been copying and pasting the last tweet I posted. The situation keeps repeating, but the government is not doing anything.

This situation is problematic because the minister introduced a bill at the last minute, as the clock is winding down on this Parliament, and the bill has not even been referred yet to the House of Commons Standing Committee on Public Safety and National Security.

I have a hard time believing that we will pass this bill in the House and an even harder time seeing how it is going to get through the Senate.

That is important because, in his speech, the minister himself alluded to the fact that in fall 2016, when the Standing Committee on Public Safety and National Security, of which I am a member, travelled across the country to study the issue and make recommendations ahead of introducing Bill C-59, the recommendation to create a committee tasked with studying the specific activities of the CBSA was one of the most important recommendations. As we see in Bill C-98, the government did not take this opportunity to do any such thing.

It is certainly troubling, because Bill C-59 is an omnibus piece of legislation. I pleaded with the House, the minister and indeed even the Senate, when it reached the Senate, through different procedural mechanisms, to consider parts of the bill separately, because, as the minister correctly pointed out, this is a huge overhaul of our national security apparatus. The concern with that is not only the consideration that is required, but also the fact that some of these elements, which I will come back to in a moment, were not even part of the national security consultations that both his department and the committee, through the study it did, actually took the time to examine.

More specifically, coming back to and concluding the point on Bill C-98, the minister does not seem to have acted in a prompt way, considering his commitments when it comes to oversight and/or a review of the CBSA. He said in his answer to my earlier question on his speech that it was not within the scope of this bill. That is interesting, not only because this is omnibus legislation, but also because the government specifically referred the legislation to committee prior to second reading with the goal of allowing amendments that were beyond the scope of the bill on the understanding that it did want this to be a large overhaul.

I have a hard time understanding why, with all the indicators being there that it wanted this to be a large, broad-reaching thing and wanted to have things beyond the scope, it would not have allowed for this type of mechanism. Instead, we find we have a bill, Bill C-98, arriving at the 11th hour, without a proper opportunity to make its way through Parliament before the next election.

I talked about how this is an omnibus bill, which makes it problematic in several ways. I wrote a letter to some senators about children whose names are on the no-fly list and the No Fly List Kids group, which the minister talked about. I know the group very well. I would like to congratulate the parents for their tireless efforts on their children's behalf.

Some of the children are on the list simply because the list is racist. Basically, the fact that the names appear multiple times is actually a kind of profiling. We could certainly have a debate about how effective the list is. This list is totally outdated and flawed because so many people share similar names. It is absurd that there was nothing around this list that made it possible for airlines and the agents who managed the list and enforced the rules before the bill was passed to distinguish between a terrorist threat and a very young child.

Again, I thank the parents for their tireless efforts and for the work they did in a non-partisan spirit. They may not be partisan, but I certainly am. I will therefore take this opportunity to say that I am appalled at the way the government has taken these families and children hostage for the sake of passing an omnibus bill.

The minister said that the changes to the no-fly list would have repercussions on a recourse mechanism that would stop these children from being harassed every time they go to the airport. This part of the bill alone accounted for several hundred pages.

I asked the government why it did not split this part from the rest of the bill so it would pass sooner, if it really believed it would deliver justice to these families and their kids. We object to certain components or aspects of the list. We are even prepared to challenge the usefulness of the list and the flaws it may have. If there are any worthy objectives, we are willing to consider them. However, again, our hands were tied by the use of omnibus legislation. During the election campaign, the Liberals promised to make omnibus bills a thing of the past.

I know parents will not say that, and I do not expect them to do so. I commend them again for their non-partisan approach. However, it is appalling and unacceptable that they have been taken hostage.

Moreover, there is also Bill C-21.

I will digress here for a moment. Bill C-21, which we opposed, was a very troubling piece of legislation that dealt with the sharing of border information with the Americans, among others. This involved information on citizens travelling between Canada and the United States. Bill C-59 stalled in the Senate, much like Bill C-21.

As the Minister of Public Safety's press secretary was responding to the concerns of parents who have children on the no-fly list, he suddenly started talking about Bill C-21 as a solution for implementing the redress system for people who want to file a complaint or do not want to be delayed at the airport for a name on the list, when it is not the individual identified. I think it is absolutely awful that these families are being used as bargaining chips to push through a bill that contains many points that have nothing to do with them and warrant further study. In my view, those aspects have not been examined thoroughly enough to move the bill forward.

I thank the Minister of Public Safety and Emergency Preparedness for recognizing the work I did in committee, even though it took two attempts when he responded to my questions earlier today. In committee, I presented almost 200 amendments. Very few of them were accepted, which was not a surprise.

I would like to focus specifically on one of the Senate's amendments that the government agreed to. This amendment is important and quite simple, I would say even unremarkable. It proposes to add a provision enabling us to review the bill after three years, rather than five, and make amendments if required. That is important because we are proposing significant and far-reaching changes to our national security system. What I find intriguing is that I proposed the same amendment in committee, which I substantiated with the help of expert testimony, and the Liberals rejected my amendment. Now, all of a sudden, the Senate is proposing the same amendment and the government is agreeing to it in the motion we are debating today.

I asked the Minister of Public Safety and Emergency Preparedness why the Liberals were not willing to put partisanship aside in a parliamentary committee and accept an opposition amendment that proposed a very simple measure but are agreeing to it today. He answered that they had taken the time to reflect and changed their minds when the bill was in the Senate. I am not going to spend too much of my precious time on that, but I find it somewhat difficult to accept because nothing has changed. Experts appeared before the Standing Committee on Public Safety and National Security, and it was very clear, simple and reasonable. Having said that, I thank the minister for finally recognizing this morning that I contributed to this process.

I also want to talk about some of what concerns us about the bill. There are two pieces specifically with regard to what was Bill C-51 under the previous government, and a few aspects new to this bill that have been brought forward that cause us some concern and consternation.

There are two pieces in Bill C-51 that raised the biggest concerns at the time of debate in the previous Parliament and raised the biggest concerns on the part of Canadians as well, leading to protests outside our committee hearings when we travelled the country to five major cities in five days in October 2016. The first has to do with threat disruption, and the second is the information-sharing regime that was brought in by Bill C-51. Both of those things are concerning, for different reasons.

The threat disruption powers offered to CSIS are of concern because at the end of the day, the reason CSIS was created in the first place was that there was an understanding and consensus in Canada that there had to be a separation between the RCMP's role in law enforcement, which is making arrests and the work that revolves around that, and intelligence gathering, which is the work our intelligence service has to do, so they were separated.

However, bringing us back closer to the point where we start to lose that distinction with regard to the threat disruption powers means that a concern about constitutionality will remain. In fact, the experts at committee did say that Bill C-59, while less unconstitutional than what the Conservatives brought forward in the previous Parliament, had yet to be tested, and there was still some uncertainty about it.

We still believe it is not necessary for CSIS to have these powers. That distinction remains important if we want to be in keeping with the events that led to the separation in the first place, namely the barn burnings, the Macdonald Commission and all those things that folks who have followed this debate know full well, but which we do not have time to get into today.

The other point is the sharing of information, which we are all familiar with. We opened the door to more liberal sharing of information, no pun intended, between the various government departments. That is worrisome. In Canada, one of the most highly publicized cases of human rights violations was the situation of Maher Arar while he was abroad, which led to the Arar commission. In such cases, we know that the sharing of information with other administrations is one of the factors that can lead to the violation of human rights or torture. There are places in the world where human rights are almost or completely non-existent. We find that the sharing of information between Canadian departments can exacerbate such situations, particularly when information is shared between the police or the Canadian Security Intelligence Service and the Department of Foreign Affairs.

There is an individual who was tortured abroad who is currently suing the government. His name escapes me at the moment. I hope he will forgive me. Global Affairs Canada tried to get him a passport to bring him back to Canada, regardless of whether the accusations against him were true, because he was still a Canadian citizen. However, overwhelming evidence suggests that CSIS and the RCMP worked together with foreign authorities to keep him abroad.

More information sharing can exacerbate that type of problem because, in the government, the left hand does not always know what the right hand is doing. Some information can fall into the wrong hands. If the Department of Foreign Affairs is trying to get a passport for someone and is obligated by law to share that information with CSIS, whose interests are completely different than those of our diplomats, this could put us on a slippery slope.

The much-criticized information sharing system will remain in place with Bill C-59. I do not have the time to list all the experts and civil society groups that criticized this system, but I will mention Amnesty International, which is a well-known organization that does excellent work. This organization is among those critical of allowing the information sharing to continue, in light of the human rights impact it can have, especially in other countries.

Since the bill was sent back to committee before second reading, we had the advantage of being able to propose amendments that went beyond the scope of the bill. We realized that this was a missed opportunity. It was a two-step process, and I urge those watching and those interested in the debates to go take a look at how it went down. There were several votes and we called for a recorded division. Votes can sometimes be faster in committee, but this time we took the time to do a recorded division.

There were two proposals. The Liberals were proposing an amendment to the legislation. We were pleased to support the amendment, since it was high time we had an act stating that we do not support torture in another country as a result of the actions of our national security agencies or police forces. Nevertheless, since this amendment still relies on a ministerial directive, the bill is far from being perfect.

I also proposed amendments to make it illegal to share any information that would lead to the torture of an individual in another country. The amendments were rejected.

I urge my colleagues to read about them, because I am running out of time. As you can see, 20 minutes is not enough, but I would be happy to take questions and comments.

National Security Act, 2017Government Orders

June 7th, 2019 / 10:35 a.m.


See context

Liberal

Ralph Goodale Liberal Regina—Wascana, SK

Madam Speaker, the reason is that the subject matter is different. Any security or intelligence activities of CBSA will in fact be reviewable under the National Security and Intelligence Committee of Parliamentarians and under the provisions of Bill C-59. What remains to be done, and this is the subject of Bill C-98, is a review mechanism for the activities of CBSA that do not relate to national security and intelligence. That is what Bill C-98 covers. The intelligence and security part of CBSA is covered by Bill C-59 and by the previous bill, Bill C-22.

National Security Act, 2017Government Orders

June 7th, 2019 / 10:35 a.m.


See context

NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Madam Speaker, I thank the minister for the acknowledgement. However, I would like to come back to the second question I posed to him in my first round, which is regarding CBSA.

As colleagues in the House know, CBSA is the only national security agency that does not have its own dedicated review and/or oversight body. The minister is proposing one in Bill C-98, but I want to know why he did not do that in the legislation before us, when it has been promised for a number of years now. The fact is that Bill C-98 has not even gone to a committee in the House yet, much less been brought to the Senate. Therefore, it seems less and less likely that it would be adopted, and we know that this is an important mechanism that is required.

National Security Act, 2017Government Orders

June 7th, 2019 / 10:30 a.m.


See context

NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Madam Speaker, I thank the minister for his speech.

I have two questions for him. The first is about the Senate amendments before us today. Some may think I am getting hung up on what seems like a minor detail in an omnibus bill, but I just want to figure out the government's approach and go back to something my colleague mentioned.

This process should not be partisan, yet there is a certain partisan tinge to the amendment that changes the review period for the act from five years to three. I presented this amendment in committee, and it was rejected. Now that the Senate is presenting it, however, the government is all for it.

Could the minister explain to me why the government changed its mind about a detail that is so trivial but was recommended by the committee's witnesses?

My second question is about the Canada Border Services Agency. The minister has been promising almost since day one to create a review body for the Canada Border Services Agency. Now we finally have a bill that does that, but with so little time left in the session and the bill not even at committee stage yet, the odds of it passing are low.

Since the government was tabling an omnibus bill anyway, why not throw in what we now see in Bill C-98, so that people whose rights are violated at the border can get at least some recourse?

Bill C-98—Notice of time allocation motionRoyal Canadian Mounted Police ActGovernment Orders

May 31st, 2019 / 1:20 p.m.


See context

Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

Mr. Speaker, I would like to advise that agreements could not be reached under the provisions of Standing Orders 78(1) or 78(2) with respect to the second reading stage of 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.

Under the provisions of Standing Order 78(3), I give notice that a minister of the Crown will propose at the next sitting a motion to allot a specific number of days or hours for the consideration and disposal of proceedings at the said stage.

Extension of Sitting HoursGovernment Orders

May 27th, 2019 / noon


See context

Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader of the Government in the House of Commons

moved:

That, notwithstanding any Standing Order or usual practice of the House, commencing upon the adoption of this Order and concluding on Friday, June 21, 2019:

(a) on Mondays, Tuesdays, Wednesdays and Thursdays, the ordinary hour of daily adjournment shall be 12:00 a.m., except that it shall be 10:00 p.m. on a day when a debate, pursuant to Standing Order 52 or 53.1, is to take place;

(b) subject to paragraph (e), when a recorded division is requested in respect of a debatable motion, including any division arising as a consequence of the application of Standing Order 61(2) or Standing Order 78, but not including any division in relation to the Business of Supply or arising as a consequence of an order made pursuant to Standing Order 57, (i) before 2:00 p.m. on a Monday, Tuesday, Wednesday or Thursday, it shall stand deferred until the conclusion of Oral Questions at that day’s sitting, or (ii) after 2:00 p.m. on a Monday, Tuesday, Wednesday or Thursday, or at any time on a Friday, it shall stand deferred until the conclusion of Oral Questions at the next sitting day that is not a Friday, provided that, if a recorded division on the previous question is deferred and the motion is subsequently adopted, the recorded division on the original question shall not be deferred;

(c) notwithstanding Standing Order 45(6) and paragraph (b) of this Order, no recorded division in relation to any government order requested after 2:00 p.m. on Thursday, June 20, 2019, or at any time on Friday, June 21, 2019, shall be deferred;

(d) the time provided for Government Orders shall not be extended pursuant to Standing Order 45(7.1) or Standing Order 67.1(2);

(e) when a recorded division, which would have ordinarily been deemed deferred to immediately before the time provided for Private Members’ Business on a Wednesday governed by this Order, is requested, the said division is deemed to have been deferred until the conclusion of Oral Questions on the same Wednesday;

(f) any recorded division which, at the time of the adoption of this Order, stands deferred to immediately before the time provided for Private Members’ Business on the Wednesday immediately following the adoption of this Order shall be deemed to stand deferred to the conclusion of Oral Questions on the same Wednesday;

(g) a recorded division requested in respect of a motion to concur in a government bill at the report stage pursuant to Standing Order 76.1(9), where the bill has neither been amended nor debated at the report stage, shall be deferred in the manner prescribed by paragraph (b);

(h) for greater certainty, this Order shall not limit the application of Standing Order 45(7);

(i) when one or several deferred recorded divisions occur on a bill at report stage, a motion, “That the Bill be now read a third time and do pass”, may be made in the same sitting;

(j) no dilatory motion may be proposed after 6:30 p.m., except by a Minister of the Crown;

(k) notwithstanding Standing Orders 81(16)(b) and (c) and 81(18)(c), proceedings on any opposition motion shall conclude no later than 5:30 p.m. on the sitting day that is designated for that purpose, except on a Monday when they shall conclude at 6:30 p.m. or on a Friday when they shall conclude at 1:30 p.m.;

(l) during consideration of the estimates on the last allotted day, pursuant to Standing Order 81(18), when the Speaker interrupts the proceedings for the purpose of putting forthwith all questions necessary to dispose of the estimates, (i) all remaining motions to concur in the Votes for which a notice of opposition was filed shall be deemed to have been moved and seconded, the question deemed put and recorded divisions deemed requested, (ii) the Speaker shall have the power to combine the said motions for voting purposes, provided that, in exercising this power, the Speaker will be guided by the same principles and practices used at report stage;

(m) when debate on a motion for the concurrence in a report from a standing, standing joint or special committee is adjourned or interrupted, the debate shall again be considered on a day designated by the government, after consultation with the House Leaders of the other parties, but in any case not later than the 31st sitting day after the interruption; and

(n) Members not seeking re-election to the 43rd Parliament may be permitted to make statements, on Tuesday, June 4, and Wednesday, June 5, 2019, at the expiry of the time provided for Private Members’ Business for not more than three hours, and that, for the duration of the statements, (i) no member shall speak for longer than ten minutes and the speeches not be subject to a question and comment period, (ii) after three hours or when no Member rises to speak, whichever comes first, the House shall return to Government Orders.

Mr. Speaker, I rise today to speak to Motion No. 30, which allows for the extension of the sitting hours of the House until we rise for the summer adjournment.

There is a clear and recent precedent for this extension of hours to give the House more time to do its important work. It occurred last year at this time and also the year before that. As well, in the previous Parliament, the hours of the House were extended in June 2014.

Four years ago, our government came forward with an ambitious mandate that promised real change. Under the leadership of our Prime Minister, our government has introduced legislation that has improved the lives of Canadians from coast to coast to coast. However, we have more work to do.

So far in this Parliament, the House has passed 82 government bills, and 65 of those have received royal assent. The facts are clear. This Parliament has been productive. We have a strong record of accomplishment. It is a long list, so I will cite just a few of our accomplishments.

Bill C-2 made good on our promise to lower taxes on middle-class Canadians by increasing taxes on the wealthiest 1% of Canadians. There are nine million Canadians who have benefited from this middle-class tax cut. This tax cut has been good for Canadians and their families. It has been good for the economy and good for Canada, and its results have been better than advertised. On our side, we are proud of this legislation. We have always said that we were on the side of hard-working, middle-class Canadians, and this legislation is proof of exactly that.

As well, thanks to our budgetary legislation, low-income families with children are better off today. We introduced the biggest social policy innovation in more than a generation through the creation of the tax-free Canada child benefit. The CCB puts cash into the pockets of nine out of 10 families and has lifted nearly 300,000 Canadian children out of poverty.

Early in this Parliament, in response to the Supreme Court of Canada, we passed medical assistance in dying legislation, which carefully balanced the rights of those seeking medical assistance in dying while ensuring protection of the most vulnerable in our society.

Also of note, we repealed the previous government's law that allowed citizenship to be revoked from dual citizens. We also restored the rights of Canadians abroad to vote in Canadian elections.

We added gender identity as a prohibited ground for discrimination under the Canadian Human Rights Act. Also, passing Bill C-65 has helped make workplaces in federally regulated industries and on Parliament Hill free from harassment and sexual violence.

We promised to give the Office of the Parliamentary Budget Officer the powers, resources and independence to properly do its job. We delivered on that commitment through legislation, and the PBO now rigorously examines the country's finances in an independent and non-partisan manner.

Through Bill C-45, we ended the failed approach to cannabis by legalizing it and strictly regulating and restricting access to cannabis, as part of our plan to keep cannabis out of the hands of youth and profits out of the pockets of organized crime. Along with that, Bill C-46 has strengthened laws to deter and punish people who drive while impaired, both from alcohol and/or drugs.

These are just some examples of the work we have accomplished on behalf of Canadians.

We are now heading into the final weeks of this session of Parliament, and there is more work to do. Four years ago, Canadians sent us here with a responsibility to work hard on their behalf, to discuss important matters of public policy, to debate legislation and to vote on that legislation.

The motion to allow for the extension of sitting hours of the House is timely, and clearly it is necessary. We have an important legislative agenda before us, and we are determined to work hard to make even more progress.

Passage of this motion would give all members exactly what they often ask for: more time for debate. I know every member wants to deliver for their communities and this motion will help with exactly that. We have much to accomplish in the coming weeks and we have the opportunity to add time to get more done.

I would like to highlight a few of the bills that our government will seek to advance.

I will start with Bill C-97, which would implement budget 2017. This budget implementation act is about making sure that all Canadians feel the benefits of a growing economy. That means helping more Canadians find an affordable home, and get training so that they have the skills necessary to obtain good, well-paying jobs. It is also about making it easier for seniors to retire with confidence.

Another important bill is Bill C-92, which would affirm and recognize the rights of first nations, Inuit and Métis children and families. The bill would require all providers of indigenous child and family services to adhere to certain principles, namely the best interests of the child, family unity and cultural continuity. This co-drafted legislation would transfer the jurisdiction of child and family services delivery to indigenous communities. This is historic legislation that is long overdue.

We have another important opportunity for us as parliamentarians, which is to pass Bill C-93, the act that deals with pardons as they relate to simple possession of cannabis. As I mentioned, last year we upheld our commitment to legalize, strictly regulate and restrict access to cannabis. It is time to give people who were convicted of simple possession a straightforward way to clear their names. We know it is mostly young people from the poorest of communities who have been targeted and hence are being left behind. This bill would create an expedited pardon process, with no application fee or waiting period, for people convicted only of simple possession of cannabis. Canadians who have held criminal records in the past for simple possession of cannabis should be able to meaningfully participate in their communities, get good and stable jobs and become the contributing members of our society that they endeavour to be.

Meanwhile, there is another important bill before the House that we believe needs progress. Bill C-88 is an act to amend the Mackenzie Valley Resource Management Act and the Canada Petroleum Resources Act. This legislation only impacts the Northwest Territories, and its territorial government is asking us to act. This legislation protects Canada's natural environment, respects the rights of indigenous people and supports a strong natural resources sector. This bill will move the country ahead with a process that promotes reconciliation with indigenous peoples and creates certainty for investments in the Mackenzie Valley and the Arctic.

Earlier this month, our government introduced Bill C-98, an act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act. This bill would create civilian oversight of the Canada Border Services Agency. It would provide citizens with an independent review body to address complaints about the CBSA, just as they now have complaint mechanisms in place for the RCMP. Let me remind members that it was our government that brought forward Bill C-22 that established the national security intelligence committee of parliamentarians, which has tabled its first annual report to Parliament. We are committed to ensuring that our country's border services are worthy of the trust of Canadians, and Bill C-98 is a significant step towards strengthening that accountability.

We have taken a new approach. We, as a government, have consulted with Canadians when it comes to our legislation. We have seen committees call witnesses and suggest amendments that often times improve legislation, and we, as a government, have accepted those changes. We were able to accomplish this work because we gave the committees more resources and we encouraged Liberal members to do their work.

Likewise, currently there are two bills that have returned to the House with amendments from the Senate. I look forward to members turning their attention to these bills as well. One of those bills is Bill C-81, an act to ensure a barrier-free Canada. Our goal is to make accessibility both a reality and a priority across federal jurisdictions so that all people, regardless of their abilities or disabilities, can participate and be included in society as contributing members. Bill C-81 would help us to reach that goal by taking a proactive approach to getting ahead of systemic discrimination. The purpose of this bill is to make Canada barrier free, starting in areas under federal jurisdiction. This bill, if passed by Parliament, will represent the most significant legislation for the rights of persons with disabilities in over 30 years, and for once it will focus on their abilities.

The other bill we have received from the Senate is Bill C-58, which would make the first significant reforms to the Access to Information Act since it was enacted in 1982. With this bill, our government is raising the bar on openness and transparency by revitalizing access to information. The bill would give more power to the Information Commissioner and would provide for proactive disclosure of information.

There are also a number of other bills before the Senate. We have respect for the upper chamber. It is becoming less partisan thanks to the changes our Prime Minister has made to the appointment process, and we respect the work that senators do in reviewing legislation as a complementary chamber.

Already the Senate has proposed amendments to many bills, and the House has in many instances agreed with many of those changes. As we look toward the final few weeks, it is wise to give the House greater flexibility, and that is exactly why supporting this motion makes sense. This extension motion will help to provide the House with the time it needs to consider these matters.

There are now just 20 days left in the parliamentary calendar before the summer adjournment, and I would like to thank all MPs and their teams for their contributions to the House over the past four years. Members in the House have advanced legislation that has had a greater impact for the betterment of Canadians. That is why over 800,000 Canadians are better off today than they were three years ago when we took office.

We saw that with the lowering of the small business tax rate to 9%, small businesses have been able to grow through innovation and trade. We see that Canadians have created over one million jobs, the majority of which are full-time, good-paying jobs that Canadians deserve. These are jobs that were created by Canadians for Canadians.

That is why I would also like to stress that while it is necessary for us to have honest and vibrant deliberations on the motion, Canadians are looking for us all to work collaboratively and constructively in their best interests. That is exactly why extending the hours will provide the opportunity for more members to be part of the debates that represent the voices of their constituents in this place, so that we continue to advance good legislation that benefits even more Canadians.

It has been great to do the work that we have been doing, but we look forward to doing even more.

Business of the HousePrivate Members' Business

May 16th, 2019 / 3:30 p.m.


See context

Waterloo Ontario

Liberal

Bardish Chagger LiberalLeader 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.