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

[Marie-France Lalonde, Liberal, Orléans, ON]

Mr. Speaker, since my colleague has given me the opportunity, I would like to take a moment to thank the 14,000 employees who work at CBSA. I would also like to point out that this bill has strong support. We hope the House understands the importance of this bill, which will enhance accountability and transparency within the CBSA.

[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]

Mr. Speaker, when we think of the CBSA, we often think about that long border between Canada and the United States, where many of our fine civil servants do fantastic work 24 hours a day, seven days a week. However, we also have other border control officers, such as those at our airports. We have 12 or 13 international airports in Canada. Winnipeg is home to one of those.

We get, on average, about 2,500 complaints a year, which is significant. We want to treat them seriously, and this is why it is important to have an oversight committee.

Can my friend and colleague provide her thoughts on the fine work that our border control agents do, whether they are on the border or at our international airports?

[Marie-France Lalonde, Liberal, Orléans, ON]

Mr. Speaker, as I was saying I am so proud, and we should all be very proud, of the enormous work that our CBSA employees, over 14,000 of them, do.

We talked about 14 airports and 117 bridges. We have the largest aspect in the world of protecting our borders, and we have to say thank you, because in Canada we all want Canadians to be safe. That is what we are striving to do. I thank those employees for all of the exceptional work that they are doing every day.

[Dan Albas, Conservative, Central Okanagan—Similkameen—Nicola, BC]

Mr. Speaker, it is always an honour to participate in a debate in this chamber.

Also on many occasions, as we have come to expect in this place, it is not uncommon for members of the official opposition to debate in opposition to a government bill.

I am afraid that will not be the case today. I am participating 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. I will support this measure.

I have been asked why, as a member of the opposition, I would participate in a debate on a bill that I support.

It is a fair question. The answer, from my perspective, is why I am here today to take part in this debate.

For my first term of office I was elected in a riding that is very close to the U.S. border. Some parts of the riding I currently represent are a very short car ride to the Canada-U.S. border.

As other members of this place will know, when one's riding is either very near or includes a Canada-U.S. border crossing, one will deal with some significant and challenging border issues.

I want to share one of these challenging border issues with the House.

Not long after I was first elected, the provincial MLA in my region contacted me, a newly minted MP. The priest at a temple in the area, who legally lives in Canada, had gone on a weekend jaunt to the United States.

Upon return to Canada, at the Canadian border, the priest was detained for a period of time before ultimately being released with a seven-day deportation order.

The reason given by the Canada Border Services Agency for the deportation order was that the priest was not legally living in Canada. There was a problem, however. For whatever reason, the officers dealing with the priest that day wanted nothing of it. The MLA who had first been alerted to the situation tried to intervene on behalf of the priest.

To put it bluntly, that member of the Legislative Assembly of British Columbia was blown off. When the issue hit my desk, there were just four days before the deportation. From reviewing the paperwork, it was very clear an injustice had occurred, but what was the recourse? Where was the accountability?

It was, from my perspective, an alarming situation.

Because his paperwork had not been reviewed, because he had been issued a deportation order without a valid reason, and because I find it very troubling that power was being exercised with no oversight, I ended up sharing my concerns directly with the minister at the time.

From my experience, I have come to know that there are those ministers who run their departments, and there are also those ministers who are run by their departments. Fortunately, the minister at the time knew that department inside out and had the courage to tell the department they had made an error.

An injustice was remedied and the deportation order was cancelled. I am proud to announce that the priest is still in Canada and that he is now serving the city of Merritt. His family is proud of his new country. I am not here to take the credit. If anyone should get the credit it is the provincial MLA who reached out to me and is now retired.

Of course I will fully credit the minister for not hiding behind the department, as some ministers are prone to do.

While ultimately this was a quiet, good-news story at the time, there was one further bit of troubling information for me.

I learned that the CBSA officers involved in this case were able to change the facts afterwards. In other words, the facts were changed after the incident. They were changed in such a way that the reasons for the deportation order were completely different than the reasons given initially. Although I am pleased with the outcome for the priest, the matter is engraved on my memory. I often wonder about this situation.

What would have happened if this man was not a fairly well-known priest who called his MLA for help?

What would have happened had the MLA refused to help him and said that it was a federal jurisdiction?

What would have happened if the MLA was a member of the opposition party?

At that time, I was on the same side of the House as the government. What if the minister in question was one who hid behind the department, as some like to do?

We could make many other assumptions, but practically none would result in a situation where justice is served.

I think we all know that there never really has been serious accountability at the border crossing, and this applies to both sides. Will this bill be the answer?

It is difficult to say. We shall see.

We all know that if the bill passes, the public complaints review commission would be created and would incorporate the existing Civilian Review and Complaints Commission, the review agency for the Royal Canadian Mounted Police. This would be a large oversight body with two different mandates between the RCMP and CBSA.

Given the challenges in the very complex review process of the RCMP, it remains to be seen how adding CBSA into the fold would work. However, this process deserves the opportunity to attempt to succeed.

There is no question in my mind, and from what I have heard today from many in this room, that more accountability is needed at border crossings. While I do not mean to belittle us as members of Parliament, we cannot always hope that a member of Parliament is the solution for incorrect events that occur at the border.

For these reasons, I am prepared to support this legislation. I believe the legislation is a reasonable and needed effort to provide more accountability for what occurs at our border crossings.

I appreciate your presence today, Mr. Speaker, and I appreciate all the members of this great House, and I would like to thank them for listening to me so intently. I look forward to hearing both their questions and comments, and hopefully we can share something to the benefit of the Canadian public.

[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]

Mr. Speaker, I suspect there are members who could reflect on files we have seen over the last number of years and find someone who has had a very unfortunate encounter, some far more serious than others, at one of our border control areas or with one of our border control agents. That is in good part why it is important we do this, and I do not think anyone is objecting to it.

We already have it in place for our RCMP, our correctional service officers and CSIS. Would the member agree that having these public oversight review groups assists in restoring public confidence in the system?

[Dan Albas, Conservative, Central Okanagan—Similkameen—Nicola, BC]

Mr. Speaker, absolutely, it is the job of every member of Parliament, particular those in the executive, to build confidence in all of our institutions. Canada is made greater when our public, our citizens, believe that the authority that has been entrusted through Parliament to these agencies is handled with trust and care.

I am assuming most of us have gone across the border into, for example, the United States. I must admit that my heart rate begins to go a little faster at the border, not because I have done anything wrong, but because I am subject to a process that is beyond my control.

If we can merge two processes into one, creating efficiencies and gaining public confidence that there is civilian oversight, then I think it is an idea worth supporting.

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

Mr. Speaker, I would like to start by congratulating my colleague from Central Okanagan—Similkameen—Nicola for the excellent French he used in his speech. I think we can applaud him.

[Some hon. members]

Oh, oh!

[Luc Berthold, Conservative, Mégantic—L'Érable, QC]

We know that it is intimidating to speak in a language other than one's mother tongue in the House. I find that my colleague makes a great effort to speak French outside the House.

I would like to know why it is important to him to speak French and to use that language to communicate with Canadians.

[Dan Albas, Conservative, Central Okanagan—Similkameen—Nicola, BC]

Mr. Speaker, I thank the hon. member from Quebec for his question.

It is important to me to speak confidently with other members of the House. I believe that the experience of other members is important. We share our ideas with one another in a respectful manner. That is important to me.

My father grew up in Alberta. He was a Franco-Albertan. It is a part of my family history. I appreciate the congratulations from the hon. member, and I will endeavour to keep speaking French.

[Anita Vandenbeld, Liberal, Parliamentary 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.

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

Madam Speaker, I share the member's sentiments about the fine work the CBSA does most of the time and about how this bill would enhance public confidence in the CBSA.

I have tried to raise several times with government members who were in the last Parliament the issue of Bill C-23 from the last Parliament, the new Preclearance Act, which created a situation where U.S. border officials would be exercising similar powers of detention, questioning and even use of force against Canadians on Canadian soil, without any accountability or complaint mechanisms in place for the actions of those U.S. officers in treating Canadians on Canadian soil.

Is the member not concerned that we have created a new category where there is no accountability for the actions of those officials?

[Anita Vandenbeld, Liberal, Ottawa West—Nepean, ON]

Madam Speaker, I can assure my colleague that any officers who are operating on Canadian soil are subject to the Canadian Charter of Rights and Freedoms and anything they do has to be in full compliance with the Canadian Charter of Rights.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Madam Speaker, I was listening to my colleague's speech. Bill C-3 is being brought forward early in this Parliament.

Could the member explain her thoughts about the opportunities that will exist at the committee level to bring in actual border guards, and I do not mean union representatives, I mean individuals who will be using the rules herein, to have their voices heard and does she think that would be a good idea?

[Anita Vandenbeld, Liberal, Ottawa West—Nepean, ON]

Madam Speaker, as the hon. member knows, a committee is able to bring in any witness it sees fit. A broad debate on this and hearing all different voices is incredibly important. I would imagine that the members who are on that committee will look at that as well.