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

[Jack Harris, NDP, St. John's East, NL]

Madam Speaker, my colleague's question is an important one because there was a significant backlog in the RCMP complaints procedure. There was a backlog of 2,000 complaints, which is awful. If someone makes a complaint and it takes two, three or more years to deal with it, that is totally inadequate.

There were some performance standards mentioned in the bill, and we will have to look carefully at them to see whether they are talking about what the board does when it has a complaint finished, or whether there is actually a timeline that says that when someone makes a complaint there has to be a response to that individual. We should look into that carefully, and I plan to do that. I am looking forward to seeing what can be done to make sure that complainants have a response time that is adequate and reasonable.

I want to thank the hon. member for bringing that to the attention of the House.

[Arif Virani, Liberal, Parliamentary 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.

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

Mr. Speaker, in his speech the parliamentary secretary indicated, and very rightly, that the police should not be policing the police. I am curious to know, if that is the position of the government, how Bill C-71 happened in the last Parliament. The member voted for it, where Bill C-71 allows the RCMP to classify firearms without any oversight, and allows it to reclassify firearms without any oversight.

I am curious to know the parliamentary secretary's perspective on police not policing the police.

[Arif Virani, Liberal, Parkdale—High Park, ON]

Mr. Speaker, while I am thankful for the question, I do not think it is particularly germane to this bill. There is no contradiction whatsoever.

That initiative was put in place to avoid the politicization of a specific issue about the classification of firearms. Removing it from political consideration and entrenching it with a neutral civil service is entirely appropriate in that context.

What we are dealing with here is a situation where someone lodges a complaint about police action, and whether that police action should be handled by other police officials who may not be perceived to be, or actually be, neutral.

The two are entirely disconnected and not at all analogous.

[Taylor Bachrach, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, I noted a previous speaker indicated there had been 1,200 complaints related to the CBSA between 2016 and 2018. The parliamentary secretary mentioned 2,500 complaints annually.

I am wondering about past complaints and how those would be handled by the commission once it has expanded and is operational. Would there be a statute of limitations?

Admittedly, I have not scrutinized the legislation. How does the parliamentary secretary see the expanded commission dealing with past complaints? Should those complainants have the ability to have an independent external review of their situation?

[Arif Virani, Liberal, Parkdale—High Park, ON]

Mr. Speaker, the prospectivity or retroactivity of any piece of legislation or new guideline is critical in terms of understanding how it is operationalized.

To be candid, I do not know the answer to that question. I will endeavour to inquire with him. It is something that perhaps would merit some scrutiny at committee where this bill would eventually be scrutinized further, in terms of clarifying the notion of whether the complaints currently in the system would actually have some application to the new regime or whether they would be grandfathered under the old regime, potentially necessitating a reinitiation of the complaint to the new body.

[Pam Damoff, Liberal, Parliamentary Secretary to the Minister of Indigenous Services]

Mr. Speaker, the hon. member spoke eloquently about the need for this agency. We have 14,000 people working at CBSA, men and women who are doing a tremendous job keeping our country safe and keeping our borders safe.

I wonder if the parliamentary secretary could talk a little about the good work that CBSA does.

[Arif Virani, Liberal, Parkdale—High Park, ON]

Mr. Speaker, it goes without saying that the work that the CBSA does is of tremendous volume and tremendous impact. Right now we are living through the new coronavirus that is affecting our borders. The work of CBSA officials, including public health officials and the Public Health Agency of Canada, has been incredible. It is a particularly stressful time, understandably. Those people are courageously putting themselves in the middle of this situation, calming Canadians and, most importantly, keeping Canadians safe.

That is the work they do all the time. That is why they have significant powers. This bill is simply about ensuring that public confidence is maintained at all times. It goes without saying that the CBSA's important work is lauded and valued in this country.

[Glen Motz, Conservative, Medicine Hat—Cardston—Warner, AB]

Mr. Speaker, I am curious to know, based on the parliamentary secretary's understanding of this legislation, if the commission undertakes an investigation and learns of a civil or legal action, or a criminal action, does this mechanism allow them to cease that investigation and hand over the information to police of jurisdiction or to the courts with respect to another legal matter?

[Arif Virani, Liberal, Parkdale—High Park, ON]

Mr. Speaker, that is an important question. It will obviously have to be addressed on a case-by-case basis. However, what this legislation does speak to is whether there is a contemporary process that is ongoing, such as, for example, a complaint filed with the Human Rights Commission or a complaint in some other civilian body. If there is a proper police investigation and Criminal Code matter that is being pursued, that would have to be addressed in terms of whether this new mechanism is triggered or whether it waits in abeyance until the Criminal Code matter is sorted out. That is something that the legislation turns its mind to. It would have to be addressed on a case-by-case basis.

[Pam Damoff, Liberal, Parliamentary 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.

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

Mr. Speaker, I congratulate the member on her re-election to this place.

I want to pick up specifically on her comments about firearms. Of course, the Conservatives believe in the importance of enhancing public safety, and we think the government needs to do more to target the issue of illegal guns, as a vast majority of gun crime in this country involves illegal guns.

However, one issue that is provoked by her comments about military-style weapons is the question of classification. Firearms owners in my riding have identified the reality that for some politicians classification has less to do with the actual attributes of a firearm and more to do with its appearance. One of the other frustrations they often mention is the arbitrary reclassification of firearms, when firearms in one category are quickly moved to another category without proper discussion or oversight.

Why is the government not moving forward aggressively on the issue of illegal imported guns? We know that the overwhelming majority of violent crimes in this country involve illegal guns.

[Pam Damoff, Liberal, Oakville North—Burlington, ON]

Mr. Speaker, I would like to correct the hon. member. Over 75% of deaths by firearms in Canada are suicides.

When there is a firearm in the home, women are less likely to come forward to report issues of domestic violence and are less likely to seek help in a shelter. In a survey done in Atlantic Canada, 80% of women said they would be less likely to come forward. I think sometimes we get wrapped up in the guns and gangs discussion.

Having said that, our government is moving forward by investing in youth to prevent them from joining gangs. We invested $500 million in the last Parliament in border services to replace the cuts made by the Conservative government under Stephen Harper so that we would have a robust border system to stop guns from coming across the border.

[Taylor Bachrach, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, the parliamentary secretary's comments raise one question in my mind. I have listened to all of the speakers, and it seems that there is strong support and agreement that this oversight body is needed. However, my colleague mentioned earlier that Justice O'Connor called for this type of oversight in 2010. As a new member to this House, I am a little befuddled as to why it has taken this long to get to the point we are at today.

Could the parliamentary secretary comment on that matter?

[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.