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

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

Sponsor

Ralph Goodale  Liberal

Status

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

Summary

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

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

Elsewhere

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

May 30th, 2023 / 4:35 p.m.
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Bloc

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

Thank you, Mr. Chair.

Thank you for being here, Mr. Minister. It's always a pleasure to have you at committee. I would also like to thank your colleagues for being here.

I feel Bill C‑20 is sort of a third shot for your government. You introduced Bill C‑98 in the 42nd Parliament and Bill C‑3 in the 43rd Parliament. Those two bills died on the order paper simply because your government didn't make them a priority.

Nearly 20 years ago, in 2004, Justice O'Connor also recommended that an independent process be established to manage public complaints against the Canada Border Services Agency.

In January 2020, the Privacy Commissioner of Canada noted significant gaps in searches of travellers' electronic devices and also demonstrated the importance of independently reviewed complaints.

Given all this evidence of the need for an independent commission, why didn't your government make this a priority before now?

Public Complaints and Review Commission ActGovernment Orders

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

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

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

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

Public Complaints and Review Commission ActGovernment Orders

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

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

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November 22nd, 2022 / 10:20 a.m.
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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.
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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.
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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.
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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.
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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 through 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.
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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 that 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, but 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 look forward to the questions and comments from my colleagues.

Royal Canadian Mounted Police ActGovernment Orders

February 21st, 2020 / 10:30 a.m.
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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 neglects to combat crime. It punishes lawful firearms owners in other ways as well, especially those who live in rural areas like the residents of 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 they 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.
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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.
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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 smartphone 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.

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

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

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

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

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

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

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

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February 6th, 2020 / 6:30 p.m.
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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 non-partisan support which, to me, is very encouraging. I thank all members for helping to make this bill as strong as possible as we move forward.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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February 6th, 2020 / 5 p.m.
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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 it early in the current parliamentary session.

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

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

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

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

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

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

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

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

Royal Canadian Mounted Police ActGovernment Orders

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

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

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

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

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

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

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

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

This bill changes the name of the—

Royal Canadian Mounted Police ActGovernment Orders

January 29th, 2020 / 5:50 p.m.
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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 hamstringed by one ethical breach after another, through brazen attitudes of entitlement, to the foolish boldness of demanding and coercing our independent justice system and principled people to bow to executive power.

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

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

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

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

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

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

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

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

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

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

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

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

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

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January 29th, 2020 / 5:35 p.m.
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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.
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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.
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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.
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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.
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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, an nearly identical bill 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 ask 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.

Public Safety and National SecurityCommittees of the HouseRoutine Proceedings

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

June 17th, 2019 / 5:35 p.m.
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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

No, but seriously.... I appreciate what the RCMP Act says, but I've always been curious to know if there's some distance between service and a commission like this. Even as a public servant now, to work as an investigator on this end, how that would preclude someone from being impartial, someone who has some understanding of the business to be able to be of value to service to the public in this commission.... I'm at a loss to understand why that would be something we would want to even consider.

Could the officials help me understand whether this is something that is consistent with legislation or is the intent of Bill C-98?

June 17th, 2019 / 5:35 p.m.
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Green

Paul Manly Green Nanaimo—Ladysmith, BC

This amendment would specify that neither current nor former officers nor employees of the Canada Border Services Agency may sit on the public complaints and review commission. This amendment does not appear in Bill C-98, but in the parent act, the RCMP Act. The ineligibility paragraph under subsection 45.29(2) of that act would exclude current or former members from service on the PCRC, and under that act, “member” has a specific definition that means an employee of the RCMP. Presumably, current and former agents of the CBSA should be excluded from sitting on the PCRC as well. This amendment would make that crystal clear.

June 17th, 2019 / 5:25 p.m.
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Conservative

Jim Eglinski Conservative Yellowhead, AB

Thank you.

I'd like to thank you for coming out today and for presenting. I'm very pleased to be able to support Bill C-98, but I do have a couple of a misconceptions, which I've had for a number of years, regarding the similar situation you had with the RCMP.

Under “Powers of Commission in Relation to Complaints”, with regard to the powers in proposed section 44, you were talking about service standards for the RCMP and certain guidelines. You can compel a person to come before you and administer an oath, etc. If a member of the border security were involved in a criminal case, say for an alleged assault or something like that or for excessive force, would you require them to do that before the criminal trial, or would it be set over until after the criminal trial so that they could defend their actions? Would the evidence they gave your organization under oath be able to be used against them in a criminal trial?

June 17th, 2019 / 4:50 p.m.
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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Does that service standard apply, then, if a member of the public doesn't complain to you? Here's what I'm getting at. You have a service standard that is going to be built in. If you are asked by a member of the public to intervene or to review a file that's already been investigated—either by CBSA in this case, in Bill C-98, or the RCMP, because they're both going to be similar—the RCMP and the CBSA, for that matter, will both have a service standard to meet.

What happens previous to that? Do they have service standards now? If a member of the public complains to CBSA or the RCMP now, is there a service standard such that they have to respond to a member of the public in a timely way?

June 17th, 2019 / 4:45 p.m.
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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

As I understand Bill C-98, you had six members of the commission coming in.

June 17th, 2019 / 4:45 p.m.
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Co-Chair, National Police Federation

Brian Sauvé

With the CRCC as it is—I'll use the terminology “CRCC” because that's what it still is today—I don't see Bill C-98 impacting the membership of the RCMP or changing how we deal with or investigate public complaints.

As you heard from the chair of the CRCC, Ms. Lahaie, on the timelines with respect to the investigation of public complaints, the bottleneck that we see and that I hear about is the RCMP's ability to investigate in a timely manner. That extends—

June 17th, 2019 / 4:45 p.m.
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Liberal

David Graham Liberal Laurentides—Labelle, QC

The reason I go down this road is that, as you're aware, there are three unionized services on Parliament Hill that report to the RCMP. I'm wondering if you've talked to SSEA and PSAC about their challenges. They've had many of them. I'm also wondering if Bill C-98 will give you any additional tools in dealing with this and if that's why you've come today.

June 17th, 2019 / 4:45 p.m.
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Liberal

The Chair Liberal John McKay

Mr. Graham, I warned Mr. Paul-Hus about the relevance to Bill C-98.

June 17th, 2019 / 4:30 p.m.
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Co-Chair, National Police Federation

Brian Sauvé

Thank you.

My name is Brian Sauvé. I'm a regular member. I'm also a sergeant in the RCMP. I've been on leave without pay to found and start the National Police Federation. Presently, I'm one of the interim co-chairs.

For those who have been following from the sidelines, we made an application to certify the first bargaining agent for members of the RCMP in April 2017. We have been going through every hoop and hurdle imaginable thrown at us since April 2017. A certification vote was held with all 18,000-plus members of the bargaining unit last November and December. We are still awaiting a decision from the Federal Public Sector Labour Relations and Employment Board on that vote with a constitutional challenge.

That being said, with respect to Bill C-98, we wanted to have input to provide the RCMP members' perspective on the CRCC and part VII of the RCMP Act as it deals with public complaints. I'm open to questions on that.

At the time, I saw Bill C-98 as an act to amend the RCMP Act. There are a number of concerns that our membership has expressed with respect to the 2014 amendments to the RCMP Act, otherwise known as Bill C-42, that would be nice to be broadcast or provided questions on.

For example, in Bill C-98, there is an amendment to section 45.37 of the RCMP Act imposing time frames in consultation with the force, and the newly worded public review and complaints commission, as to how long an investigation should take, what should be the result and the consultation between the force and the investigating body.

It would really be nice, from our perspective, from an RCMP member's perspective, to expand that to deal with other areas of the RCMP Act. One of the areas that would be lovely to have some form of consultation on timelines would be the internal disciplinary processes or even grievances or appeals of commissioner's decisions on suspensions and such.

Our experience has been that whether it's a complaint under part VII or an administrative process under part IV or a grievance under part III of the RCMP Act, the RCMP itself is not equipped to deal with these issues in a timely manner. The issues tend to lag on for six months, a year, a year and a half to two years, which leaves the accused or the subject member of either a public complaint or a code of conduct or a griever in a grievance in limbo in an administrative process that takes forever.

Should your committee have questions on that, I'd be more than happy to answer, and we'll go from there.

That would be my presentation. I'm sure you're not going to study all of the submissions I would have on Bill C-42 and how it has impacted the membership of the RCMP, and the sweeping powers of commissioners and commanding officers.

I would love to get into that in more detail some day, but I don't think this legislation is the venue for that. However, timelines in section 45.37 would be something that we would definitely appreciate your looking into.

June 17th, 2019 / 4:05 p.m.
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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

I think maybe three of those bills were tabled after 2017 or early 2018. I mean, for the C-20s and the single digits, we're talking days after your government was sworn in. I think there needs to be some accountability, because you've been on the record strongly saying that this needed to be done, and so I don't want to leave it being said that.... For example, with Bill C-59, why not make the change then?

I just want to understand, because my concern, Minister, is that I want to make sure there's no, for example, resistance internally to this issue. I can't understand, if this is a simple and straightforward mechanism in Bill C-98, why it took years to come to the conclusion that this was the way to go.

June 17th, 2019 / 4:05 p.m.
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Liberal

Ralph Goodale Liberal Regina—Wascana, SK

Well, as I said, Monsieur Dubé, we have had an enormous volume of work to get through, as has this committee, as has Parliament, generally. The work program has advanced as rapidly as we could make it. It takes time and effort to put it all together. I'm glad we're at this stage, and I hope the parliamentary machinery will work well enough this week that we can get it across the finish line.

It has been a very significant agenda, when you consider there has been Bill C-7, Bill C-21, Bill C-22, Bill C-23, Bill C-37, Bill C-46, Bill C-66, Bill C-71, Bill C-59, Bill C-97, Bill C-83, Bill C-93 and Bill C-98. It's a big agenda and we have to get it all through the same relatively small parliamentary funnel.

June 17th, 2019 / 4 p.m.
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Conservative

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

Who worked on Bill C-98? Was it just Public Safety Canada? Did the RCMP and the Canada Border Services Agency also participate?

June 17th, 2019 / 3:55 p.m.
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Liberal

The Chair Liberal John McKay

Thank you. I had urged members to stay with what we're on, which is Bill C-98. I'm not quite sure how a jobs funding application has much to do with Bill C-98, so I'd encourage the honourable member to direct his questions to Bill C-98 issues, please.

June 17th, 2019 / 3:40 p.m.
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Regina—Wascana Saskatchewan

Liberal

Ralph Goodale LiberalMinister of Public Safety and Emergency Preparedness

Thank you, Mr. Chairman and members of the committee.

In the spirit of brevity and efficiency, I think I will forgo the opportunity to put a 10-minute statement on the record and just speak informally for a couple of minutes about Bill C-98. Evan Travers and Jacques Talbot from Public Safety Canada are with me and can help to go into the intricacies of the legislation and then respond to any questions you may have. They may also be able to assist if any issues arise when you're hearing from other witnesses, in terms of further information about the meaning or the purpose of the legislation.

Colleagues will know that Bill C-98 is intended to fill the last major gap in the architecture that exists for overseeing, reviewing and monitoring the activities of some of our major public safety and national security agencies. This is a gap that has existed for the better part of 18 years.

The problem arose in the aftermath of 9/11, when there was a significant readjustment around the world in how security agencies would operate. In the Canadian context at that time, the Canada Customs and Revenue Agency was divided, with the customs part joining the public safety department and ultimately evolving into CBSA, the Canada Border Services Agency. That left CRA, the Canada Revenue Agency, on its own.

In the reconfiguration of responsibilities following 9/11, many interest groups, stakeholders and public policy observers noted that CBSA, as it emerged, did not have a specific review body assigned to it to perform the watchdog function that SIRC was providing with respect to CSIS or the commissioner's office was providing with respect to the Communications Security Establishment.

The Senate came forward with a proposal, if members will remember, to fix that problem. Senator Willie Moore introduced Bill S-205, which was an inspector general kind of model for filling the gap with respect to oversight of CBSA. While Senator Moore was coming forward with his proposal, we were moving on the House side with NSICOP, the National Security and Intelligence Committee of Parliamentarians, by virtue of Bill C-22, and the new National Security and Intelligence Review Agency which is the subject of Bill C-59.

We tried to accommodate Senator Moore's concept in the new context of NSICOP and NSIRA, but it was just too complicated to sort that out that we decided it would not be possible to salvage Senator Moore's proposal and convert it into a workable model. What we arrived at instead is Bill C-98.

Under NSICOP and NSIRA, the national security functions of CBSA are already covered. What's left is the non-security part of the activities of CBSA. When, for example, a person comes to the border, has an awkward or difficult or unpleasant experience, whom do they go to with a complaint? They can complain to CBSA itself, and CBSA investigates all of that and replies, but the expert opinion is that in addition to what CBSA may do as a matter of internal good policy, there needs to be an independent review mechanism for the non-security dimensions of CBSA's work. The security side is covered by NSICOP, which is the committee of parliamentarians, and NSIRA, the new security agency under Bill C-59, but the other functions of CBSA are not covered, so how do you create a review body to cover that?

We examined two alternatives. One was to create a brand new stand-alone creature with those responsibilities; otherwise, was there an agency already within the Government of Canada, a review body, that had the capacity to perform that function? We settled on CRCC, the Civilian Review and Complaints Commission, which performs that exact function for the RCMP.

What is proposed in the legislation is a revamping of the CRCC to expand its jurisdiction to cover the RCMP and CBSA and to increase its capacity and its resources to be able to do that job. The legislation would make sure that there is a chair and a vice-chair of the new agency, which would be called the public complaints and review commission. It would deal with both the RCMP and the CBSA, but it would have a chair and a vice-chair. They would assume responsibilities, one for the RCMP and one for CBSA, to make sure that both agencies were getting top-flight attention—that we weren't robbing Peter to pay Paul and that everybody would be receiving the appropriate attention in the new structure. Our analysis showed that we could move faster and more expeditiously and more efficiently if we reconfigured CRCC instead of building a new agency from the ground up.

That is the legislation you have before you. The commission will be able to receive public complaints. It will be able to initiate investigations if it deems that course to be appropriate. The minister would be able to ask the agency to investigate or examine something if the minister felt an inquiry was necessary. Bill C-98 is the legislative framework that will put that all together.

That's the purpose of the bill, and I am very grateful for the willingness of the committee at this stage in our parliamentary life to look at this question in a very efficient manner. Thank you.

June 17th, 2019 / 3:40 p.m.
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Liberal

The Chair Liberal John McKay

I call the meeting to order.

I see quorum. It is well past 3:30 p.m., and I see that the minister is in his place. The minister is obviously pretty serious, because he has taken off his jacket. I think we're ready to proceed.

As colleagues will know, we did have an understanding as of last week as to how this session on Bill C-98 would proceed. That agreement has changed. In exchange, there won't be any further debate in the House.

The way I intend to proceed is to give the minister his time, and perhaps when he can be brief, he will be brief. We'll go through one round of questions and see whether there's still an appetite for further questions. From there, we'll proceed to the witnesses and then to clause-by-clause consideration. I'm assuming this is agreeable to all members.

That said, I'll ask the minister to present.

Thank you.

Royal Canadian Mounted Police ActGovernment Orders

June 12th, 2019 / 6:45 p.m.
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Green

Paul Manly Green Nanaimo—Ladysmith, BC

Madam Speaker, it is a great honour to get up and speak to this important issue. I would like to start by recognizing the voters in Nanaimo—Ladysmith and thank them for seeing fit to elect me; and my team, my volunteers and my family, for supporting me through this process. This is my first time to have an opportunity to speak in Parliament. This is an interesting bill to get up and speak to.

My sister is a police officer. She has served some 23 or 24 years with the Ontario Provincial Police. She knows that when police are caught doing things they should not be doing it reflects poorly on all police officers. We need to respect the work that our men and women in uniform do: members of our armed forces, members of our police forces and members of the Canada Border Services Agency. It is very important to have oversight of these bodies, so that when there are legitimate complaints from citizens, they do not taint an organization.

I have just been reading a news article about a woman who was strip-searched coming into Canada and treated very poorly. There are many cases like this. When we cross the border, we enter a legal no man's land where we have no rights and we must do what we are told. When we are asked to hand over our cellphone and computer and give over the passwords, we are giving away some of our most personal information and letting people dig into our lives. When people are disrespected in this process, they need a proper way to complain about how they have been treated.

Bill C-98 would create an independent review and complaints mechanism for CBSA. This is very important. The objective is to promote public confidence in the system and for the employees. Those employees deserve to have confidence in their work and what they do. They deserve confidence and they deserve the respect of the public. The existing Civilian Review and Complaints Commission for the RCMP would assume responsibility for review and complaints for the CBSA as well. It would be renamed as the public complaints and review commission, and be divided into RCMP units and a CBSA unit with similar powers, duties and functions and some modifications.

Why do we need this bill? Why do we need this oversight body? The CBSA is the only federal law-enforcement agency without an oversight body. It holds significant powers, including to detain, search, use firearms, arrest non-citizens without a warrant and conduct deportations.

We had a case in which the hon. member for Saanich—Gulf Islands had to defend an indigenous man who was handcuffed, detained and taken away from his home during Christmas because he had an issue with his citizenship. He had been a resident of Penelakut Island and he was an indigenous person who has rights across the border. Indigenous communities and first nations in some cases do not recognize the border because the border is a false line that runs through their territories. For this person to be treated in this way, being bound, detained and forced from his home in this ruthless way, was highly problematic. It is important to have a complaints commission and somebody to review these kinds of cases and look at the conduct of the officers who were involved.

It is reported that the CBSA investigated over 1,200 allegations of staff misconduct between January 2016 and mid-2018. The allegations included sexual assault, criminal association and harassment. At least 14 people have died in custody since 2000. Those are incredible statistics, and a good reason why we need some oversight over this agency.

The public complaints commission would respond to a review conducted as a result of PMB S-205 in the 42nd Parliament, and the 2015 Senate report, “Vigilance, Accountability and Security at Canada's Borders”.

In the fall of 2016, the Minister of Public Safety announced the government's intention to address gaps in the CBSA's framework for external accountability, a feature already present in countries like the U.K., Australia, New Zealand and France.

I know we are getting late in this Parliament and we are early in the stages of this bill, but I think it is very important that we work on getting this through so that we can pass it before the House rises so there would be proper oversight of the Canada Border Services Agency. Then people would have a process to go through where they would have confidence, and other members of the CBSA would know there is a way for people who are bad apples in the system to have proper oversight over the kinds of actions they have taken, and the citizens of this country and the people travelling here can be confident that they will be treated with respect and dignity at our borders.

Royal Canadian Mounted Police ActGovernment Orders

June 12th, 2019 / 6:35 p.m.
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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Madam Speaker, I will continue with the public safety minister's comment at committee:

[T]he government is launching, almost immediately, a public consultation process on our national security framework that will touch directly on the subject matter of this bill, and I need that consultation before I can commit to specific legislation.

Well, that was almost three years ago. To say that the bill is late would obviously be an understatement. It has taken the minister over three years to bring forward this legislation. That is quite a long time for a minister who said he was already working on something in 2016.

In keeping with his recent history on consultations, there appears to have been little or no external consultation in preparation for the bill. Hopefully, at committee, the government will be able to produce at least one group or organization outside of the government that will endorse the legislation. However, I am not holding my breath.

The government even hired a former clerk of the Privy Council to conduct an independent report. Mel Cappe conducted a review and provided his recommendations in June 2017. It was only because of an access to information request by CBC News that Parliament even knows of this report.

A CBC News article noted:

The June 2017 report by former Privy Council Office chief Mel Cappe, now a professor at the University of Toronto, was obtained by The Canadian Press through the Access to Information Act....

[A] spokesman for [the] Public Safety Minister...would not comment directly on Cappe’s recommendations, but said the government is working on legislation to create an “appropriate mechanism” to review CBSA officer conduct and handle complaints.

The proposed body would roll in existing powers of the civilian review and complaints commission for the RCMP.

The government and the minister had the recommendations two years ago, yet they are bringing this forward at the last minute. It appears to be an afterthought. Again, in February of this year, the minister said that they continue to work as fast as they can to bring forward legislation on oversight for the CBSA.

Perhaps the Liberal government was just distracted by its many self-inflicted wounds. It created many challenges for Canadians, and now it is tabling legislation in the 11th hour that deals with real issues and asking parliamentarians to make up for the government's distraction and lack of focus on things that matter to Canada, Canadians and our democracy. These are things like public safety, national security, rural crime, trade, energy policies and lower taxes.

There is an impact to mismanagement and bad decision-making. The Liberals' incompetence has had a trickle-down effect that is felt at every border crossing and also across many parts of the country.

We know that RCMP officers had to be deployed and dedicated to dealing with illegal border crossings. When the Liberals set up a facility to act as a border crossing in Lacolle, Quebec, RCMP officers were there covering people entering into Canada. Those RCMP officers were not commissioned that day. They were pulled from details across the country. They were pulled from monitoring returned ISIS fighters and from monitoring and tackling organized crime. They were taken and redeployed, most likely, from rural detachments across the country. We know that in my province of Alberta, the RCMP is short-staffed by nearly 300 officers. It is not a surprise, then, that there was a rise in rural crime while this was going on. Rural crime is now rising faster than urban crime.

However, it is not just the RCMP that has been impacted by the mismanagement at the border. It is also border officers, who will have the added oversight created through Bill C-98.

CBSA officers told me and many other MPs about more shifts and about workers being transferred to Manitoba and Quebec. The media reported that students were taking the place of full-time, trained border officers at Pearson airport. This is the largest airport in Canada, and the impacts of having untrained and inexperienced officers monitoring potentially the top spot for smuggling and transfer of illegal goods are staggering.

We have a serious issue in Canada at our borders, one that is getting worse. We know from testimony given during the committee's study of Bill C-71 that the vast majority of illegal firearms come from the U.S. They are smuggled in. At the guns and gangs summit, the RCMP showed all of Canada pictures of firearms being smuggled in as part of other packages. The minister's own department is saying there is a problem with smuggled goods, contraband tobacco and drugs coming across our borders.

Rather than actually protect Canadians, we are looking into oversight. Do not get me wrong. Oversight is good, but it is not the most pressing issue of the day.

The media is now reporting that because of the Liberals' decision to lift visas, there are many harmful and potentially dangerous criminals now operating in our country. This comes on the heels of reports that there are record-high numbers of ordered deportations of people who are a security threat. There were 25 in 2017. There are also record-low removals. Deportations were about or above 12,000 to 15,000 per year from 2010 to 2015, but that is not what we are seeing now. The Liberals, even with tens of thousands of people entering Canada illegally, are averaging half of that.

We know that the CBSA is not ignoring these issues and security threats. It just lacks the resources, which are now dedicated to maintaining an illegal border crossing and monitoring tens of thousands more people.

This failure is not just my opinion. It is the opinion of many Canadians.

A Calgary Herald headline from last August read, “Confidence in Trudeau's handling of immigration is gone”. The Toronto Sun, on May 29 of this year, wrote, “AG report shows federal asylum processing system a mess”. Another reads, “Auditor General Calls out Liberal Failures”. The news headlines go on and on.

This is not something the minister did when he implemented reforms in Bill C-59, the national security reforms. Under that bill, there would be three oversight agencies for our national security and intelligence teams: the new commissioner of intelligence, with expanded oversight of CSIS and CSE; the new national security and intelligence review agency, and with Bill C-22, the new parliamentary committee. This is in addition to the Prime Minister's national security adviser and the deputy ministers of National Defence, Foreign Affairs and Public Safety and Emergency Preparedness.

Oversight can be a good thing. Often, because of human nature, knowing it is there acts as a deterrent. From my career, knowing that police are nearby or ready to respond can deter criminals, and knowing that someone will review claims of misconduct will add credibility to an already reputable agency, the CBSA.

It is probably too bad that this was not done earlier, because it could have gone through the House and the Senate quite easily. It could have been a law for a year or two already, perhaps even more. Sadly, the late tabling of the bill seems to make it a near certainty that if it reaches the Senate, it might be caught in the backlog of legislation there.

The House and the committee can and should give the bill a great deal of scrutiny. While the idea seems sound, and the model is better than in other legislation, I am wary of anything the government does on borders. It has not managed our borders well and has not been up front with the House or Canadians about that. In 2017, the Liberals told us that there was nothing to worry about, with tens of thousands of people crossing our borders illegally. They said they did not need any new resources, security was going well and everything was fine.

Well, the reality was that security was being cut to deal with the volume, provinces and cities were drowning in costs and overflowing shelters, border and RCMP agencies were stretched and refugee screenings were backing up. According to the ministers, everything was fine. Then, in the budget, came new funding, and in the next budget, and in the one after that. Billions in spending is now on the books, including for the RCMP, the CBSA and the Immigration and Refugee Board.

What should we scrutinize? For one, I think we should make sure to hear from those people impacted by this decision, such as front-line RCMP and CBSA officers who will be subject to these evaluations.

A CBC article had this to say:

The union representing border officers has heard little about the proposal and was not consulted on the bill. 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.

How reliable is legislation when the agency it would actually impact and involve was left out of the loop?

It seems odd that the Liberals would appoint one union, Unifor, to administer a $600-million media bailout fund just after they announce a campaign against Conservatives, and, yet, the border services officers union is not even consulted about legislation that impacts it. I would hope that consultations are not dependent on political donations and participation.

That is why Parliament should be careful about who sits on this new agency. We do not need more activists; we need experienced professionals. We need subject matter experts. We need people with management expertise. We need to make sure that the people who work on these review organizations are appropriately skilled and resourced to do their work. We need to make sure that frivolous cases do not tie up resources, and that officers do not have frivolous and vexatious claims hanging over the heads.

We need to make sure that Canadians do not need to hire lawyers to get access to the complaints commission and its process.

We need to make sure that the minister and his staff, and other staffing leaders across the public safety spectrum cannot get their hands inside the processes and decisions of these bodies. We need the agency to have transparent, clear processes and systems that are fair to applicants and defendants alike. We need to make sure that these processes do not eat away resources from two agencies that are already strapped for bodies.

I hope there is time to do this right. I hope there is the appropriate time to hear from all the relevant witnesses, that legal advice is obtained, and that we have the appropriate time to draft changes, changes that, based on the minister's track record, are almost certainly going to be needed.

As the House begins its work on this legislation, I trust the minister and his staff would not be directing the chair of the public safety committee to meet their scripted timeline, which seems a little difficult to be done now with only a week remaining. Knowing that the chair is a scrupulous and honoured individual, he certainly would not suggest that legislation needs to be finished before we can hear the appropriate testimony.

There is a lot of trust and faith needed for the House to work well on legislation like this and many other pieces, trust that is built through honest answers to legitimate questions, trust that is reinforced by following integrity and the need to get it right, rather than the need to just be right.

I hope, perhaps just once in this legislative session, we could see the government try to broker such trust on Bill C-98, but I will not hold my breath.

Royal Canadian Mounted Police ActGovernment Orders

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

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

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

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

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

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

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

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

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

The House resumed from May 29 consideration of the motion that Bill C-98, An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Acts, be read the second time and referred to a committee.

Public SafetyOral Questions

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

June 3rd, 2019 / 4:05 p.m.
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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Minister, I'm going to have to interrupt you, because my time is limited and this is probably the only round I'll get to ask you questions.

I just want to say that I do think it's an important thing to raise, because on expenditures there's a particular role for all parliamentarians to play beyond just the committee with clearance, where it can pertain more to operational details. Money is a whole different game, as Monsieur Picard was alluding to in his questions about the role that even we can play as those around this table at this committee.

On that note, I do want to move on to CBSA and the CRCC. We know that Bill C-98 is before the House. I'm wondering if you can clarify. There's $500,000 for CBSA and there's $420,000 for CRCC. I have two questions about that.

One, is that all the money that's going to come out of the Bill C-98 mechanism, or is there more money following that to implement those measures? Two, what explains that discrepancy? If it's $500,000 for CBSA, are they doing the work internally for review and oversight, or is that going to be sent off back to CRCC once Bill C-98 has become law?

June 3rd, 2019 / 3:30 p.m.
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Regina—Wascana Saskatchewan

Liberal

Ralph Goodale LiberalMinister of Public Safety and Emergency Preparedness

Mr. Chairman, thank you for your very kind remarks. They are much appreciated, and I'm glad to be back with the committee once again, this time, of course, presenting the 2019-20 main estimates for the public safety portfolio.

To help explain all of those numbers in more detail and to answer your questions today, I am pleased to be joined by Gina Wilson, the new deputy minister of Public Safety Canada. I believe this is her first appearance before this committee. She is no stranger, of course, in the Department of Public Safety, but she has been, for the last couple of years, the deputy minister in the Department for Women and Gender Equality, a department she presided over the creation of.

With the deputy minister today, we have Brian Brennan, deputy commissioner of the RCMP; David Vigneault, director of CSIS; John Ossowski, president of CBSA; Anne Kelly, commissioner of the Correctional Service of Canada; and Anik Lapointe, chief financial officer for the Parole Board of Canada.

The top priority of any government, Mr. Chair, is to keep its citizens safe and secure, and I'm very proud of the tremendous work that is being done by these officials and the employees who work following their lead diligently to serve Canadians and protect them from all manner of public threats. The nature and severity of those threats continue to evolve and change over time and, as a government, we are committed to supporting the skilled men and women who work so hard to protect us by giving them the resources they need to ensure that they can respond. The estimates, of course, are the principal vehicle for doing that.

The main estimates for 2019-20 reflect that commitment to keep Canadians safe while safeguarding their rights and freedoms. You will note that, portfolio-wide, the total authorities requested this year would result in a net increase of $256.1 million for this fiscal year, or 2.7% more than last year's main estimates. Of course, some of the figures go up and some go down, but the net result is a 2.7% increase.

One key item is an investment of $135 million in fiscal year 2019-20 for the sustainability and modernization of Canada's border operations. The second is $42 million for Public Safety Canada, the RCMP and CBSA to take action against guns and gangs. Minister Blair will be speaking in much more detail about the work being done under these initiatives when he appears before the committee.

For my part today I will simply summarize several other funding matters affecting my department, Public Safety Canada, and all of the related agencies.

The department is estimating a net spending decrease of $246.8 million this fiscal year, 21.2% less than last year. That is due to a decrease of $410.7 million in funding levels that expired last year under the disaster financial assistance arrangements. There is another item coming later on whereby the number goes up for the future year. You have to offset those two in order to follow the flow of the cash. That rather significant drop in the funding for the department itself, 21.2%, is largely due to that change in the DFAA, for which the funding level expired in 2018-19.

There was also a decrease of some $79 million related to the completion of Canada's presidency of the G7 in the year 2018.

These decreases are partially offset by a number of funding increases, including a $25-million grant to Avalanche Canada to support its life-saving safety and awareness efforts; $14.9 million for infrastructure projects related to security in indigenous communities; $10.1 million in additional funding for the first nations policing program; and $3.3 million to address post-traumatic stress injuries affecting our skilled public safety personnel.

The main estimates also reflect measures announced a few weeks ago in budget 2019. For Public Safety Canada, that is, the department, these include $158.5 million to improve our ability to prepare for and respond to emergencies and natural disasters in Canada, including in indigenous communities, of which $155 million partially offsets that reduction in DFAA that I just referred to.

There's also $4.4 million to combat the truly heinous and growing crime of child sexual exploitation online.

There is $2 million for the security infrastructure program to continue to help communities at risk of hate-motivated crime to improve their security infrastructure.

There is $2 million to support efforts to assess and respond to economic-based national security threats, and there's $1.8 million to support a new cybersecurity framework to protect Canada's critical infrastructure, including in the finance, telecommunications, energy and transport sectors.

As you know, in the 2019 federal budget, we also announced $65 million as a one-time capital investment in the STARS air rescue system to acquire new emergency helicopters. That important investment does not appear in the 2019-20 main estimates because it was accounted for in the 2018-19 fiscal year, that is, before this past March 31.

Let me turn now to the 2019-20 main estimates for the other public safety portfolio organizations, other than the department itself.

I'll start with CBSA, which is seeking a total net increase this fiscal year of $316.9 million. That's 17.5% over the 2018-19 estimates. In addition to that large sustainability and modernization for border operations item that I previously mentioned, some other notable increases include $10.7 million to support activities related to the immigration levels plan that was announced for the three years 2018 to 2020. Those things include security screening, identity verification, the processing of permanent residents when they arrive at the border and so forth—all the responsibilities of CBSA.

There's an item for $10.3 million for the CBSA's postal modernization initiative, which is critically important at the border. There is $7.2 million to expand safe examination sites, increase intelligence and risk assessment capacity and enhance the detector dog program to give our officers the tools they need to combat Canada's ongoing opioid crisis.

There's also approximately $100 million for compensation and employee benefit plans related to collective bargaining agreements.

Budget 2019 investments affecting CBSA main estimates this year include a total of $381.8 million over five years to enhance the integrity of Canada's borders and the asylum system. While my colleague Minister Blair will provide more details on this, the CBSA would be receiving $106.3 million of that funding in this fiscal year.

Budget 2019 also includes $12.9 million to ensure that immigration and border officials have the resources to process a growing number of applications for Canadian visitor visas and work and study permits.

There is $5.6 million to increase the number of detector dogs deployed across the country in order to protect Canada's hog farmers and meat processors from the serious economic threat posed by African swine fever.

Also, there's $1.5 million to protect people from unscrupulous immigration consultants by improving oversight and strengthening compliance and enforcement measures.

I would also note that the government announced through the budget its intention to introduce the legislation necessary to expand the role of the RCMP's Civilian Review and Complaints Commission so it can also serve as an independent review body for CBSA. That proposed legislation, Bill C-98, was introduced in the House last month.

I will turn now to the RCMP. Its estimates for 2019-20 reflect a $9.2-million increase over last year's funding levels. The main factors contributing to that change include increases of $32.8 million to compensate members injured in the performance of their duties, $26.6 million for the initiative to ensure security and prosperity in the digital age, and $10.4 million for forensic toxicology in Canada's new drug-impaired driving regime.

The RCMP's main estimates also reflect an additional $123 million related to budget 2019, including $96.2 million to strengthen the RCMP's overall policing operations, and $3.3 million to ensure that air travellers and workers at airports are effectively screened on site. The increases in funding to the RCMP are offset by certain decreases in the 2019-20 main estimates, including $132 million related to the completion of Canada's G7 presidency in 2018 and $51.7 million related to sunsetting capital infrastructure projects.

I will now move to the Correctional Service of Canada. It is seeking an increase of $136 million, or 5.6%, over last year's estimates. The two main factors contributing to the change are a $32.5-million increase in the care and custody program, most of which, $27.6 million, is for employee compensation, and $95 million announced in budget 2019 to support CSC's custodial operations.

The Parole Board of Canada is estimating a decrease of approximately $700,000 in these main estimates or 1.6% less than the amount requested last year. That's due to one-time funding received last year to assist with negotiated salary adjustments. There is also, of course, information in the estimates about the Office of the Correctional Investigator, CSIS and other agencies that are part of my portfolio. I simply make the point that this is a very busy portfolio and the people who work within Public Safety Canada and all the related agencies carry a huge load of public responsibilities in the interests of public safety. They always put public safety first while at the same time ensuring that the rights and freedoms of Canadians are properly protected.

With that, Mr. Chair, my colleagues and I would be happy to try to answer your questions.

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

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

Royal Canadian Mounted Police ActGovernment Orders

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

Erin O'Toole Conservative Durham, ON

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

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

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

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

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

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

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

The House resumed from May 17 consideration of the motion that Bill C-98, An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Acts, be read the second time and referred to a committee.

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.

I rise today to speak to Motion No. 30. This motion would allow for the extension of 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.

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

Erin O'Toole Conservative Durham, ON

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Let us make sure we have the proper committee time to look at the changes to the RCMP Act and the CBSA Act to make sure we are doing a service to the people who will be impacted by them, whether it is on a public complaints process or other elements in Bill C-98. The consultation should have been done first, but to do this properly, the committee debate time cannot be rushed. We will work with them, but we want to make sure the people impacted are part of the committee review process.

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

John McKay Liberal Scarborough—Guildwood, ON

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

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

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

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

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May 17th, 2019 / 12:50 p.m.
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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, we have just seen a classic example of people not being able to get out of their partisan lanes.

We now know that the Liberals, the Conservatives, the NDP and the Green Party agree that Bill C-98 is a good bill and that it should move forward. However, what are we going to do? We are going to spend the rest of today, and possibly into the next sitting of the House, talking about a bill that we all agree is a good bill.

Every day that we talk about it here is a day we cannot talk about it in committee, which means that we cannot hear witnesses on the very issues the member for Saanich—Gulf Islands raised. We cannot deal with the issues the previous speaker raised, and we cannot bring in witnesses who have useful things to say about the operation of this bill.

This is a classic example of some dysfunctionality in this place at a level that is really quite distressing. Everyone agrees that this is a bill that needs to be passed. This is a bill that needs to hear witnesses. It is going before a committee that I have the great honour of chairing and that functions at a very high level. The member for Beloeil—Chambly is a very helpful and co-operative member, as is the member for Charlesbourg—Haute-Saint-Charles. Both are vice-chairs of the committee who help with getting legislation through. I daresay that there is not a great deal of distance between the government's position and the opposition parties' positions. The situation continues to evolve.

As the member for Saanich—Gulf Islands said, this sounds like an egregious set of facts for which there is no oversight body. That is why we are here. It is to get an oversight body put in place for the CBSA.

The CBSA apparently interacts with between 93 million and 96 million people on an annual basis. That is about three times the population of Canada on an annual basis. Some are citizen interactions, some are permanent resident interactions, some are visitor interactions and some are refugee claim interactions. I daresay that with 93 million to 96 million interactions on an annual basis, not every one will go well. That is something we are trying to correct.

There is something in the order of 117 land border crossings, some of which are fully staffed, such as at Toronto Pearson International Airport, Montréal-Trudeau International Airport or wherever, but others are simply a stake in the ground. There are about 1,000 locations across this long border over four time zones. The CBSA facilitates the efficient flow of people and goods, and it administers something in the order of 90 acts and regulations. It administers some of those acts and regulations on behalf of other levels of government.

In addition to having 93 million to 96 million interactions on an annual basis, the CBSA collects about $32 billion in taxes, levies and duties over the course of the year.

This is an enormous organization. It has enormous numbers of interactions with people, services and goods, and I dare say, not every one of them goes the way it should, as much as we would like to say otherwise. Hence the bill before us as we speak.

I heard the other speaker say that we have not had enough consultation, and the speaker before that said that all the government does is consultation. They cannot have it both ways. Either there is too much consultation or there is too little consultation.

All I know is that we have very little legislative runway left. We are speaking on a Friday afternoon about a bill that we all agree on, and by speaking on it, we are in fact preventing the bill from proceeding to committee, where it could be dealt with. I would be absolutely delighted to give up my time in order to let debate collapse and allow us to go to the vote, but there does not seem to be a huge amount of enthusiasm. Therefore, regrettably, members are going to have to listen to me talk for the next 15 minutes about a bill that we all agree on.

The unusual part of the situation in which we find ourselves is that unlike the case with the RCMP, unlike CSIS, unlike various other security services, there is no actual oversight body. That is a clear gap in the legislation.

Bill C-59, which I had the honour of shepherding through the committee, is an extraordinarily complicated piece of legislation.

I know, Mr. Speaker, that you love flow charts and appreciate the way in which legislation proceeds, and I commend you. The flow chart produced by Professor Forcese on Bill C-59 shows that Bill C-59 is extremely complicated in making sure that there are enough supervisory bodies for the various functions of CSIS, the RCMP, CSE, etc., spread over quite a number of agencies. There are at least three ministries responsible, those being defence, public safety and global affairs. It is an extraordinarily complicated piece of legislation. We anticipate and hope that it will return from the Senate and receive further debate here—though hopefully not too much—because it is really a revamping of the security architecture of our nation.

One of the gaps, as has been identified by other speakers, is the absence of an oversight body with respect to the activities of the Canada Border Services Agency. I expect to have an interaction with the Canada Border Services Agency in about two hours. Many of my colleagues will similarly be having interactions with the Canada Services Border Agency within a very short period of time, and I am rather hoping that my interaction and all of their interactions will go well, as I dare say they probably will.

The committee is now in place, and I want to talk about one further piece of legislation that has passed and is functioning, Bill C-22, which established the National Security and Intelligence Committee of Parliamentarians. In addition to its reporting function to the Prime Minister, there is a reporting function to the public safety committee. I know you, Mr. Speaker, were present as the chair of that committee presented his first report to the public safety committee. I have to say that while listening to the interactions with the chair of that committee, I felt that the questions by the members of the public safety committee were of quite high calibre and gave very pointed and useful insight into the work of that committee.

Bill C-98 fills a gap. It is being strengthened and renamed the public complaints and review commission, or the PCRC, and will have, in effect, a joint responsibility for both the RCMP and the CBSA. If the PCRC were to receive a complaint from the public, it would notify the CBSA, which would undertake an initial investigation. I dare say that this would resolve a great percentage of the complaints the public may have. In fact, 90% of RCMP complaints are resolved in this way.

The PCRC would also be able to conduct its own investigation of a complaint if its chairperson was of the opinion that it would be in the public interest to do so. In those cases, the CBSA would not start an investigation into the complaint.

Therefore, in effect, there is an ability on the part of the CBSA to say it is not going to refer it to mediation or some further investigation, but to simply assume the jurisdiction and move forward with it. To make that request, the complaint would have to be made within 60 days of receiving notice from the CBSA about the outcome of the complaint. The idea here is that the complaint does not just languish.

When the PCRC receives a request for a review of a CBSA complaint decision, the commission would review the complaint and all relevant information and share its conclusions regarding the CBSA's initial decision. It could conclude that the CBSA's decision was appropriate, it could ask the CBSA to do a further investigation or it could assume the jurisdiction and investigate the complaint itself.

The commission can also hold public hearings as part of its work. At the conclusion of the PCRC investigation, the review body would be able to report on its findings and make recommendations as it sees fit, and the CBSA would be required to provide a response in writing to the PCRC's findings and recommendations.

In addition to its complaints function, the PCRC would be able to review, on its own initiative or at the request of the minister, any activity of the CBSA, except for national security matters. I think that is an important thing to take note of, because we do not want national security matters dealt with in an open and public forum, if at all possible. Then it would be reviewed by the national Security Intelligence Review Committee, under Bill C-59, which hopefully by then will be passed and brought into force.

PCRC reports would include findings and recommendations on the adequacy, appropriateness, sufficiency or clarity of the CBSA policies, procedures and guidelines, the CBSA's compliance with the law and ministerial directions, and the reasonableness and necessity of the CBSA's use of its power. On that latter point, the members previously have indicated instances where one would reasonably question the use, reasonableness and necessity of the CBSA's interactions with members of the public. Hopefully, with the passage of this bill and the setting up of the PCRC, those complaints would be adjudicated in a fashion that is satisfactory to both the service and members of the public.

With respect to both its complaint and review functions, the PCRC would have the power to summon and enforce the appearance of persons before it and compel them to give oral or written evidence under oath. It would have the power to administer oaths and to receive and accept oral and written evidence, whether or not the evidence would be admissible in a court of law. That provides a certain level of flexibility. As this is not a criminal case, we are not asking for a standard of beyond reasonable doubt; rather, by passing this legislation and giving these authorities, we are trying to create an environment in which issues can actually be resolved.

It would also have the power to examine any records and make any inquiries that it considers necessary. However, beyond its review and complaint functions, Bill C-98 would also create an obligation on the CBSA to notify local police and the PCRC of any serious incident involving CBSA officers or employees. That includes giving the PCRC the responsibility to track and publicly report on serious incidents, such as death, serious injury or Criminal Code violations involving the CBSA. Hopefully, we could reasonably anticipate a reduction in these incidents by virtue of just the very existence of this entity because, as has reasonably been said by speakers previously, there is nowhere to go when one has a complaint with the CBSA.

Operationally, the bill is worded in such a way as to give the PCRC the flexibility to organize its internal structure as it sees fit, and to carry out its mandate under both the CBSA Act and the RCMP Act. The PCRC could designate members of its staff as belonging either to the RCMP unit or the CBSA unit. Common services, such as corporate support, could still be shared between both units. There are several obvious benefits that can be generated by operating in this fashion. For example, expertise could be shared between the RCMP and the CBSA. Hopefully, by doing so, the agency would be strengthened. Clearly identifying which staff members are responsible would also help with the management of information.

In addition, a vice-chair and chair will be appointed to the PCRC, which would be mandatory. It would ensure that there will always be two individuals at the top who are capable of exercising decision-making powers.

Under Bill C-98, the PCRC would establish and publish an annual report covering each of its business lines, the CBSA and the RCMP, and the resources devoted to each. The report would summarize their operations throughout the year, such as the number and types of complaints and any review activities, and would provide information on the number, type and outcomes of serious incidents. I am hopeful that this will be a readily accessible report, transparent to all, so that those who follow these issues can operate from the same set of facts.

The annual report would be tabled in Parliament by the Minister of Public Safety and Emergency Preparedness. Presumably, the Standing Committee on Public Safety and National Security would be able to review that report, call witnesses and examine the functionality of the entity.

The new public complaints and review commission proposed under Bill C-98 would close a significant gap in Canada's public safety accountability regime.

As I said earlier, the number of interactions we have with Canadians, visitors, landed folks, refugee claimants and others is quite significant, because Canada is open to receiving not tens of thousands or hundreds of thousands, but millions of people crossing the border on an annual basis. The legislation is long overdue.

I would urge my colleagues to get out of their partisan lanes and let the bill move to committee. The complaint seems to be that the bill is last minute and will therefore never see royal assent. Well, the bill will certainly never see royal assent if the chamber holds it up. All parties are responsible for House management, and I would urge all party representatives who are responsible for House management to let the bill move to committee sooner rather than later.

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May 17th, 2019 / 12:45 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I certainly support Bill C-98. I share the views around this place that it is lamentable that it has come forward now.

I just wanted to share a brief experience, which chilled me to the bone, of how this country can treat people. This was in the 41st Parliament.

Richard Germaine is an indigenous man who was born in California and lived his whole adult life on Penelakut, in Nanaimo—Ladysmith. He is married. He is a community leader. Right before Christmas, with no warning that his citizenship papers were in any sort of disarray and that he should take steps, CBSA officials showed up at his home. They put him in leg irons. They took him away, in front of his wife, who is a residential school survivor, traumatizing her, their children and their grandchildren. In leg irons, they took him in a van to a detention centre in Vancouver, where he was ordered to be deported as quickly as possible.

Fortunately, he was working with an ethnobotanist from the University of Victoria, who contacted my office. I contacted the former minister, Chris Alexander. We stopped the deportation and got his citizenship. What was really chilling was that as Richard left there, everyone around him said, “We have never seen anyone get out of here. Everyone gets deported.”

We need a citizen overview agency for CBSA. I agree with my hon. colleague that we needed this bill sooner. It is a gap in Bill C-59, but I commend the government for fixing the gap. Let us get this bill through the House and to the Senate. If there is any way at all we can get unanimous consent to get this bill through third reading and report stage by unanimous consent, let us get it to the other place and then keep our fingers crossed.

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May 17th, 2019 / 12:25 p.m.
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NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, I am very pleased to finally have the opportunity to contribute to a long-awaited debate on an oversight body for the Canada Border Services Agency. It has been over a decade since Justice O'Connor recommended that there be an independent oversight for the CBSA. Since then, a chorus of voices have consistently and persistently called for accountability for the CBSA.

I will state very clearly that the NDP supports Bill C-98, as this is something the NDP and stakeholders have been calling on the current Liberal government to act on for a very long time.

In fact, back in 2014, the BC Civil Liberties Association, the Canadian Council for Refugees and the Canadian Association of Refugee Lawyers, issued a joint press release and called for an independent review of all of CBSA's national security enforcement and border policing activities.

The CBSA is the only major federal law enforcement agency without external oversight. CBSA officers 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. Many of these authorities are carried out in an environment where charter protections are reduced in the name of national security. However, despite these sweeping powers, it is astounding that there is no independent external civilian oversight for complaints or allegations of misconduct for the CBSA.

Without a doubt, the overwhelming majority of CBSA officers carry out their duties with the utmost respect for the individuals they engage with and recognize that the authority provided to them is to be used responsibly. However, stories of horrific misconduct have also come to light, and the complaint mechanism is anything but open and accountable.

Joel Sandaluk, a Toronto immigration lawyer, said, “CBSA, for many years, has been a law unto itself.”

Mary Foster of Solidarity Across Borders said, “We have enough experience to know that making a complaint to the CBSA about the CBSA doesn't really lead anywhere.”

It is my understanding that between January 2016 and the middle of 2018, the CBSA investigated around 1,200 allegations of staff misconduct. The alleged misconducts are wide-ranging. They include things like neglect of duty, sexual assault, excessive force, use of inappropriate sexual language, criminal association and harassment.

In 2013, there was a case where a woman, reportedly fleeing domestic violence, died in the CBSA's custody. An inquest into the death concluded that there is “no independent, realistic method for immigrants to bring forward concerns or complaints.”

In 2016, two more people died in the CBSA's custody within a span of just one week.

With incidents such as these, it is vital that there is accountability and transparency to ensure that procedures are respected and that there is no abuse of power. That means it is critical that there is an independent oversight body in the event that complaints are lodged.

Right now, if there is an incident where travellers, whether Canadians or foreign nationals, feel something is not right, be it harassment or use of force, the only recourse is to submit a complaint to the CBSA, which undergoes an internal review. We must keep in mind that the nature of the power imbalance that exists between border authorities such as the CBSA, and travellers, especially those in a foreign country, makes lodging any sort of complaint very difficult. Some people elect not to file a complaint. There are real fears, especially if the process is not well known and the body looking into the complaint is not an independent body. People fear, for example, that future travel could be impacted. People are afraid that by speaking out against mistreatment, they may be punished the next time that they try to travel.

We should keep in mind that for some, such as temporary residents and visitors to Canada, they simply are not around long enough to file a complaint or to see it through. We have a responsibility, especially as a nation that welcomes millions of tourists a year, has our own citizens exploring the world and welcomes hundreds of thousands of newcomers who immigrate here each year, to ensure that people feel safe, respected and protected by our border officials. This is why it is critical that there is a public, independent, civilian oversight body for the CBSA.

The BC Civil Liberties Association has studied this issue closely and has done a report on it. From its report, “Oversight at the Border: A Model for Independent Accountability at the Canada Border Services Agency”, it has recommended “two separate accountability mechanisms for the CBSA, one charged with providing real-time oversight of CBSA’s policies and practices, and one charged with conducting investigations and resolving complaints.”

I would be very interested to hear what it and witnesses say about this proposed bill, and whether or not they feel it meets the call for independent oversight and accountability measures for the CBSA.

I must note that while we debate Bill C-98, another bill, Bill C-59, is currently moving to third reading stage at the Senate. We expect we will see that bill return here in the near future.

Bill C-59 introduces a review agency, the national security and intelligence review agency, or NSIRA. This new body would replace the Office of the Communications Security Establishment Commissioner and the Security Intelligence Review Committee, as well as the national security review and complaints investigation functions of the Civilian Review and Complaints Commission. This means that the new body would have jurisdiction over activities that fall under the umbrella of national security. As for what remains as the Civilian Review and Complaints Commission, it will continue to have the external investigative body that reviews complaints from the public about RCMP conduct. However, the bill before us today would rename the Civilian Review and Complaints Commission to the public complaints and review commission and expand its mandate to have a similar review function to the CBSA.

As a result of these changes, depending on the nature of the complaint against the CBSA, a different body with different authorities will be the reviewer of conduct. This will undoubtedly cause confusion at times. Therefore, one wonders why this approach was taken and why it is being done in two separate bills.

However, more concerning is the lack of lack of consultation and the last-minute nature of this proposed legislation. Too often we have seen the government consult and consult, and then do nothing, but then in areas where consultation and study are vital to ensuring that the legislation is what it needs to be, the process is short-changed.

The Customs and Immigration Union, which represents over 10,000 Canadians working on our borders, was not consulted on Bill C-98. This makes no sense to me. Why would the government not be seeking out the views of those individuals on the front lines who are doing the work and who would now have a new body reviewing them and their representative organization? This is not a good way to proceed.

Sadly, as the NDP critic for Immigration, Refugees and Citizenship, I have become incredibly familiar with the Liberal government's failure to follow through on its promise on good governance.

As we have seen in Bill C-97, the budget implementation act, the Liberals have decided to ram through dangerous changes to Canada's refugee determination system and put vulnerable lives, especially women and girls fleeing violence, at risk. I suspect that the Liberals are feeling the pressure from the right and want to be seen as being tough on asylum seekers. With an election six months from now, they are jamming draconian changes through in an omnibus budget bill.

I suppose, at least in this case with Bill C-98, while the measures for the changes for the CBSA complaint process were announced in the budget, they at least are tabled in a separate stand-alone bill, Bill C-98.

That is more than I can say about the changes to the refugee determination system, which are being rammed through with minimal study in the omnibus budget bill. In a rush to look tough on borders and caving to pressure and misinformation campaigns by the Conservatives, the Liberals again, without consultation, made very sweeping changes to the asylum system in the budget. Experts immediately called for the provisions to be withdrawn or, at the very minimum, to table them as a separate stand-alone bill. The Liberal government refused.

Some 2,400 Canadians wrote to the Prime Minister calling for the same action. That too fell on deaf ears. Its advice, as recently reported by the Auditor General, was that the 1.2 million calls to the IRCC last year did not get through to the government. I will say that Bill C-98 is at least a stand-alone bill.

With that being said, it must also be recognized, given that the Liberals have failed to take action until the eleventh hour, that there is a chance this bill might not receive royal assent prior to the election. If that occurs, this would then represent yet another broken promise by the Liberal government, another broken promise through its failure to act.

I do wonder what took the government so long to table this bill. Why did it wait until there are only five weeks left in the sitting of the House to bring Bill C-98 forward? I suspect that the Liberal government would employ time allocation measures to limit debate, a tool that Liberals consistently spoke against when the Conservatives were in government. I fear that they will once again have our debate in this place limited because the government could not get its legislation in order in a timely fashion.

The risk that this represents with a bill of this magnitude cannot be ignored. The government, in the rush to table it before the session ends, has failed to properly consult the experts on what the bill should look like. Now, in a race against the clock, the Liberals, if they want to be able to claim that they followed through on their promise, will need to limit the democratic debate of this bill. That is what I expect will happen.

This is not a good recipe for good legislation. In fact, it is quite the opposite. The government has stated that in 2017 and 2018, over 96 million travellers were engaged by CBSA employees, which is over 260,000 per day. They processed more than 21 million commercial shipments, which is over 57,000 per day. They processed over 46 million courier shipments, which is over 126,000 per day. This is a serious matter and deserves thorough debate.

It is our hope that the government will allow for a thorough study of this bill at committee. I also hope that the government, upon hearing from stakeholders and experts at the committee stage, will be amenable to any amendments that expert witnesses put forward. I hope that the government will allow for that work to be done in a proper fashion and is open to input by stakeholders.

This bill has been long awaited for by the community. I regret that the government has waited this long, until the eleventh hour, with only six months until the election and only five weeks of sitting in this place, to table Bill C-98. Canadians deserve to have an independent, external civilian oversight process for the CBSA. The government should have done this work much earlier to ensure that the proper process is in place for all Canadians.

The House resumed consideration of the motion that Bill C-98, An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Acts, be read the second time and referred to a committee.

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May 17th, 2019 / 10:55 a.m.
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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Mr. Speaker, I want to commend the hon. member for his work as vice-chair on the committee. It has been a pleasure to work with him and the hon. member from the NDP. I would describe it as a high-functioning committee.

Given that there is a general consensus by all parties that Bill C-98 is an important bill and that there has not been a great deal of disagreement among the parties, and given that the committee members work well together, would the hon. member be prepared to deal with this bill in an expeditious manner at committee, and would he be prepared to let the motion for second reading come to a vote today so that it can be referred to the committee and avoid all of the angst that comes with time allocation motions?

It seems to me that in the House there is a fairly significant consensus, so why not let it come to a vote and be referred to the committee? Then I will solicit my hon. colleagues' co-operation in laying on additional meetings for dealing with Bill C-98.

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May 17th, 2019 / 10:35 a.m.
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Conservative

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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May 17th, 2019 / 10:25 a.m.
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Conservative

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

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

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

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

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May 17th, 2019 / 10:05 a.m.
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Liberal

Karen McCrimmon Liberal Kanata—Carleton, ON

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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May 17th, 2019 / 10:05 a.m.
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Honoré-Mercier Québec

Liberal

Pablo Rodriguez Liberalfor the Minister of Public Safety and Emergency Preparedness

Business of the HousePrivate Members' Business

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

May 8th, 2019 / 4:35 p.m.
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NDP

Matthew Dubé NDP Beloeil—Chambly, QC

Here is my last question.

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

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May 7th, 2019 / 10:05 a.m.
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Regina—Wascana Saskatchewan

Liberal

Ralph Goodale LiberalMinister of Public Safety and Emergency Preparedness