Bill C-3 (Historical)

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

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

Royal Canadian Mounted Police Act

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Madam Speaker, I was very pleased to hear in the debates today that we have the support of the official opposition, but I also heard concerns with regard to the funding.

Could our colleague perhaps give us more details about the funding for the creation of this new body?

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

Madam Speaker, if we want to put together this type of procedure, we have to ensure the proper resources are put in place.

In budget 2019, I was extremely pleased that $24 million was put in place for the border enforcement strategy, which will cover the cost of exactly this initiative. Also, each year going forward, an additional $6 million per year will be funded for the ongoing funding and continuation of this program.

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Alexandra Mendes]

I would like to inform the member that she will have four minutes left for questions and answers when the House resumes consideration of the matter before the House.

The House resumed from February 6 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.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, it is a pleasure to be here continuing the debate on Bill C-3, a bill that the Conservatives are cautiously optimistic about, as it would provide some degree of oversight to the CBSA.

One of the pressing issues with the CBSA, and one on which I think there will be a need for a great deal of oversight, is the challenge that has grown up under the Liberal government of people crossing the border illegally. It has put a strain our system, especially as many refugees in other parts of the world have to wait a very long time.

Given that this is one of the issues raised in terms of the CBSA and oversight, I wonder if the member could give the House an update on what is actually happening in terms of that challenge.

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

Madam Speaker, I am extremely pleased that all members of the House, I believe, are supporting Bill C-3.

All of us in the House recognize that it is extremely important to have in place an independent review and complaint process, as we certainly want to make sure that all of our constituents are protected. That is, again, why we are extremely pleased.

The RCMP and other government departments have these types of independent review processes in place. That is why we are moving forward to put resources and the necessary investments in place to make sure that when such complaints come forward, our constituents will be afforded an opportunity to make a complaint that will be investigated by an independent body.

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

Madam Speaker, I wonder if my colleague could reflect on how important it is that we have oversight for Canada border control agents. We have other oversight boards that cover our RCMP and correctional officers. I believe having public oversight ultimately assists in building confidence in our system.

Could my colleague provide her thoughts on the importance of this, given that most people would probably be surprised to find out that we do not currently have oversight? This is a priority for the government because it is our third bill.

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

Madam Speaker, perhaps many in the House are not aware that prior to entering politics, I worked within the Codiac RCMP regional office in Moncton, New Brunswick. During that time, I saw the value of having an independent body that was able to conduct investigations when people felt they did not receive the proper service.

With respect to having in place an independent body, we want to make sure that all of our constituents are treated with the utmost respect and that they have the confidence to move forward and make a complaint when it is necessary. That is why we are very pleased to be moving forward with the bill in a timely fashion.

However, not only are we moving forward with the bill, but in budget 2019 more than $24 million has been set aside to make sure that the appropriate resources are in place.

[Randall Garrison, NDP, Esquimalt—Saanich—Sooke, BC]

Madam Speaker, as I have said before, as someone who came to the House asking for oversight for the CBSA, I am really excited about the enthusiasm of the other two parties, late though it may be.

Bill C-23, which was passed in the last Parliament, granted extensive powers to U.S. border agents in pre-clearance areas in Canada without any oversight whatsoever, including over their use of force or complaints about things like harassment of religious or ethnic minorities.

If my hon. colleague has an enthusiasm for independent complaint mechanisms, why do we not have any mechanism at all that would apply to the U.S. border officers operating on Canadian soil in the pre-clearance areas?

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

Madam Speaker, first and foremost, I want to thank my colleague for his support of the bill.

Once again, our priority is to make sure we have an independent review complaints process for the Canada Border Services Agency, as that is where we have jurisdiction. We want to make sure that our constituents have access to an independent body to which they will be able to make a complaint if necessary. I also want to highlight that we recognize that the large majority of interventions at the CBSA are very positive. However, for some extreme circumstances, we want to make sure that is available to them.

[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.

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Madam Speaker, I want to thank the member for Mississauga—Streetsville for sharing his profound passion on this topic with the House and for the work he put into preparing those detailed remarks he gave to the House on Bill C-3 today.

Further to what the member said, does he think that this oversight body might take up the issue of increased illegal border crossing, if questions come to the oversight body related to that? I did not really hear an answer from the previous member. What is the government doing about this challenge of the growing flows across our border from the United States?

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

Madam Speaker, I thank my colleague for the kind remarks. My passion is only rivalled by his enthusiasm, and so I thank him for that.

To address your question, as a South Asian male, there have been many incidents where there has been gross misconduct—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Alexandra Mendes]

I would ask the member to address his remarks through the Speaker please.