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

[Larry Maguire, Conservative, Brandon—Souris, MB]

Madam Speaker, I would like to follow up on my colleague's comments in regard to the 117 various points that the CBSA is involved with across the country.

Could the member elaborate on that? We have had a lot of differentiation between the activities that take place in different border crossings across Canada, and they are not all along the border? There are airlines and those sorts of things as well.

We are all in favour of seeing those people come to the committee, as indicated, but what can the member do in her role to enhance that and are there any select areas of importance on which it needs to focus?

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

Madam Speaker, a lot of those priorities will be set by the committee members.

As the member mentioned, there are 117 land border crossings. There are 27 rail crossings and all of our international airports as well. This is a large issue.

Also, I want to take this moment to reiterate the professionalism of the CBSA agents at these border crossings. With this incredibly large volume, obviously this is of major concern. I think we are all interested in making sure that is made better for both travellers and Canadians.

[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, it is always a pleasure to rise in this place and ask a question following a member's comments or speech.

My colleague was complimenting the fine work our border control agents do, day in, day out, seven days a week, 24 hours a day. When we look at the need to have a public oversight committee, I think it is important to emphasize that while there are approximately 2,500 complaints cases a year, our border control agents have millions of interactions that every year.

I wonder if the member can provide her thoughts on the large number CBSA agents deal with versus the number of actual complaints, as well as the importance of providing a process for those complaints.

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

Madam Speaker, there are a small number of complaints, but every single day, day in, day out, there are heroic stories.

I recall the story of a 12-year-old minor who was travelling alone from Burundi and coming through the Ottawa airport. Her mother said that her daughter had never seen an escalator before and she was unaccompanied.

It was absolutely heartwarming to hear how our border services people, and everybody involved, were able to make sure that 12-year-old, who was alone for the first time in a foreign country, was able to find and be reunited with her mother. Every one of us has stories like that.

[Nelly Shin, Conservative, Port Moody—Coquitlam, BC]

Madam Speaker, it is an honour for me to stand in the House today to give my maiden speech.

I would like to thank my constituents in Port Moody—Coquitlam, Anmore and Belcarra for electing me and allowing me the privilege to serve as their member of Parliament.

I would like to thank my volunteers for knocking on thousands of doors through pouring rain and sweltering heat, and walking up many flights of stairs and steep hills to help me be here today. I am also grateful to my campaign chairs and managers, our EDA and generous donors for their incredible support.

From the idyllic Como Lake to the deep cedar forests of Anmore, the misty blue and green of Rocky Point and the pastel sunrises of Bedwell Bay, I am blessed to be part of a caring and diverse community that lives in the midst of breathtaking natural beauty.

As I was door knocking during my campaign, constituents expressed their concerns on affordability, housing, home ownership, bureaucratic red tape that hinders businesses from thriving, better access to mental health care, employment, the environment, infrastructure and many more issues. Today I want to renew my commitment to my constituents to keep working hard and do my best to ensure their needs are heard and dealt with.

I am blessed because of the prayers and encouragement of friends who cheered me on to the finish line and who continue to nourish my soul on this political path. I would like to thank my parents for their unconditional support and the values of sacrifice, perseverance and hard work they instilled as I watched them struggle to settle into Canada as first-generation immigrants. I would like to thank my sisters for their support as we continue to journey closely together through thick and thin.

I am here today because of the people who shaped me, the circumstances I have lived through, the choices I have made and a measure of providence. In 2008, after seven years of working for the public school system, I came to a crossroad very much like the one alluded to in Robert Frost's The Road Not Taken. I was grateful for the opportunities I had every day to make a positive impact on my students as a high school English and music teacher, but I felt a longing to explore more of what life had to offer.

My hunger for greater purpose and meaning in life compelled me to leave my permanent job and sell my home. I was then ushered into a wilderness journey of living within limited means, serving the hurting and the marginalized, and learning about the complexities of the human condition as I served as a missionary in different urban centres. I found myself listening to a lot of stories from the homeless, impoverished families, young drug addicts and adult survivors of childhood trauma. My heart broke and expanded as I came to a better understanding of the depth of human suffering, the cycles of dysfunction and the power of hope. I found joy in serving. I discovered that my life work is to help restore people's lives.

I am here today as a member of Parliament to continue working through the life assignment I discovered in the wilderness. I come with a vision of individual and national prosperity and filling in the gaps to make that vision possible.

I am grateful to be serving with a dynamic team of MPs and leaders in Her Majesty’s loyal opposition. I am coming to love each member as a brother or a sister. As a pianist, composer and supporter of the arts, I am particularly grateful for my appointment as deputy shadow minister of Canadian Heritage. My view of the Canadian heritage portfolio is to strengthen the patriotism and unity of our diverse nation through the cultural institutions of our country. I look forward to the work I will be doing with the Hon. Minister Steven Guilbeault; shadow minister, the Hon. Steven Blaney—

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

The member cannot use members' names in the House.

[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.

[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 want to compliment the member for sharing with us what brought her to this place and some of her background. It was delightful to listen to and I very much appreciate her story.

My question is about something the member said towards the tail end of her speech when she made reference to standing committees. This legislation will ultimately go to a standing committee, and that will be an interesting process in itself for all new members. Good ideas often come out of committee. Amendments will be brought forward with the idea of trying to improve the legislation.

Does the member have anything on her mind that she would like to see modified within the legislation as it is now, or does she support the legislation in general? It seems all parties support it in general.

[Nelly Shin, Conservative, Port Moody—Coquitlam, BC]

Madam Speaker, I very much support this bill. My comments have to do with giving it the proper dialogue, research, conversations and, as the member said, perhaps even innovative, creative ideas that may come to the table to ensure that it is bulletproof.

[Kelly McCauley, Conservative, Edmonton West, AB]

Madam Speaker, I want to point out that the member is the very first Korean-born Canadian member of Parliament to ever serve in this House. I congratulate her. It is also remarkable timing that she is giving her maiden speech the very week that we heard of her Liberal Party predecessor's massive number of breaches of the code of ethics continuing with the party.

I would ask the member to comment more extensively on some of the issues she heard at doors while she was going through her area in the Lower Mainland.

[Nelly Shin, Conservative, Port Moody—Coquitlam, BC]

Madam Speaker, I thank my colleague for his kind remarks.

When I was door knocking, some of the things I already mentioned in my speech had to do with affordability. Many of my constituents are struggling because the cost of living on the west coast is very high. The mortgage stress test has made it very difficult for first homebuyers and even those who are renewing their mortgages because of the stringency. The opioid crisis impacting young people has raised great concern for parents. Many people care about the environment, especially on the west coast where the beauty of our landscape and resources is a huge part of our lives and culture. There are other issues pertaining to mental health. I have met parents who have lost their children to drug addiction and some are roaming around East Vancouver.

Those kinds of issues came up and I look forward to opportunities to address some of those things. I have already done so on the opioid crisis. I look forward to collaborating with all members of the House on helping to bring resolutions to those issues.

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

Madam Speaker, I welcome the member to the House. It is always hard for some of us when the previous member, who is a close friend, was the member for Port Moody—Coquitlam. When I hear that, I am going to have change who I expect to see.

My question is about the bill. I wonder if the member shares my concern that if we are going to have a robust review mechanism, it has to be adequately funded. I am concerned that when we do, as we seem to, agree that this bill should pass even with some amendments, that the government has to make proper resources available so that complaints against CBSA members will not hang over their heads for inordinate amounts of time, that we properly fund the commission so it can deal expeditiously with complaints.

[Nelly Shin, Conservative, Port Moody—Coquitlam, BC]

Madam Speaker, I thank the member, who is a friend of the previous member of my riding, for his kind remarks. On that note, I look forward to continuing the great work that he did and hope to accomplish much in my riding.

I am a bit concerned about the budget. I agree that, because there is an overload of work that the border agencies have to do already and other things, it would be great to have more discussions and see more details on how the budget will be worked out and if there needs to be more.

[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.

[Chris Lewis, Conservative, Essex, ON]

Mr. Speaker, my riding is in Essex, which is very close to Windsor, Ontario and across the border from our friends in Detroit.

Can the member tell me how this bill improves the safety and security of Canadians in my riding?