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

This bill was last introduced in the 43rd Parliament, 1st Session, which ended in September 2020.

Sponsor

Bill Blair  Liberal

Status

Second reading (House), as of Feb. 21, 2020
(This bill did not become law.)

Summary

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

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

Elsewhere

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

Royal Canadian Mounted Police ActGovernment Orders

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


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Conservative

Nelly Shin Conservative Port Moody—Coquitlam, BC

I apologize, Madam Speaker. It was a rookie mistake.

I look forward to working with ministers and my colleagues across the aisle on this unique and dynamic portfolio.

When I look around this room at other members, I see passion for people and passion for causes. Whether or not we share the same views, we are all here because we have a part in a greater purpose. That greater purpose is to serve the people of Canada and their well-being, and to steward well the land we live on. I value the role of different political parties as important parts of a greater ecosystem to prune, refine and balance our mandates as lawmakers.

I hope we will always look to the people we serve as the heartbeat of our work and do so with the integrity, common sense and unity that Canadians expect of us and deserve. So many times at the door my constituents expressed their longing to see the parties working together for the greater good. They say more would get done.

I trust the 43rd Parliament we are serving in will provide ample opportunities for us to hit the reset button on Canadian politics and build a culture of honour that allows public discourse to unfold in a safe manner that allows transparency and constructive discussions to thrive.

On that note I would like to thank the Liberal government for bringing forward Bill C-3 for consideration. I support the bill because issues pertaining to the protection of Canadians in our communities is of great importance.

From what I have learned, Bill C-98 was introduced in the 42nd Parliament and reintroduced in our current session with slight modifications as Bill C-3. Bill C-3 proposes to repurpose and rename the Civilian Review and Complaints Commission for the RCMP to the public complaints and review commission.

I would like to thank the RCMP and CBSA members for their service of hard work to protect Canadians.

Public servants across our nation must be held to a standard to uphold the integrity of people who are visiting or passing through our country, while ensuring our laws and international laws are upheld. Therefore, an oversight agency, as used by police services across our nation, including the RCMP, is agreeable and long overdue.

Budget 2019 proposes to invest $24.42 million over five years starting in 2019-20, and $6.83 million per year ongoing, to expand the mandate of the Civilian Review and Complaints Commission for the RCMP. It is good to know that a budget has already been allocated.

Where I would like more certainty is on the efficacy of how the government will implement Bill C-3 in practice.

Oversight is a good thing. People need assurance that there is someone who will be able to look into actions that are not consistent with the law. The implementation of the bill should not be another expansion of bureaucracy. The public complaints and review commission should have investigative powers and the ability to review situations, provide feedback and determine the course of action and its scope and scale with anyone who violates our laws.

Bill C-3 would provide a mechanism for complaints about inappropriate actions by border officers. Police agencies have had civilian oversight and review for decades. It is common practice around the world to provide mechanisms for overseeing law enforcement.

However, to my knowledge, the bill is not clear on how officers who violate the law, code or principle will be held accountable. It is only clear that the public complaints and review committee can examine evidence, call witnesses and write a report.

Without clarity on how the officers will be heId to account, we run the risk of creating bureaucracy that appears to provide a mechanism of assurance for Canadians but that, in practice, will not resolve the issues addressed.

While I support this important legislation, I look forward to seeing how the House and the committee will examine the bill with proper scrutiny to provide certainty that it will be a bill that will be very practical and steer us toward just actions and resolutions, rather than giving the appearance of protection to Canadians.

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February 7th, 2020 / 12:40 p.m.


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Conservative

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?

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


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Ottawa West—Nepean Ontario

Liberal

Anita Vandenbeld LiberalParliamentary Secretary to the Minister of National Defence

Mr. Speaker, I am very grateful today to have the opportunity to debate Bill C-3, which would create an independent oversight body, the public review and complaints commission, to review CBSA officers' conduct and conditions and handle specific complaints. This body would be a welcome addition to the strong accountability and oversight bodies already in place.

As I have seen, the bill has broad support in the House. I welcome the previous speaker's support and also that of the hon. member for Medicine Hat—Cardston—Warner. He said:

Public servants across the country must be held to the standards expected of Canadians, which is to uphold the integrity of people who are visiting or passing through our country, while ensuring our laws and international laws are upheld.

He went on to add, “This bill will align well with the values of many Canadians” and the values of his party's team.

I also welcome the comments from the member for Rivière-du-Nord, who expressed his gratitude for the bill being introduced. Likewise, the member for St. John's East provided supportive words, noting that his party would certainly be supporting the bill at second reading.

This multipartisan support is very encouraging, and I thank all members for helping to ensure the bill is as strong as it can be moving forward.

One thing that all members of the House agree on is the quality of the work that our border service officers do at the CBSA. The CBSA processes millions of travellers and shipments every year at multiple points across Canada and abroad.

Let us just look at some of the numbers. I know they have been mentioned in the chamber already in this debate, but it warrants repeating: 97 million travellers, 27 million cars, 34 million air passengers, 21 million commercial releases. Every day at 13 international airports, 117 land border crossings, 27 rail sites and beyond, CBSA officers provide consistent and fair treatment to travellers and traders.

This is particularly important because, as we know, travelling can be very stressful. For those who are more vulnerable, for asylum seekers, for those who do not speak either of our official languages, for those with disabilities, for those on the autism spectrum and for travellers who are travelling for the first time, it can be intimidating and even frightening to cross a border point.

As the Minister of Public Safety and Emergency Preparedness has said, the CBSA officers' professionalism when dealing with people crossing our borders is of the utmost importance. He has said that they are the most public of public servants, and they truly are the face of Canada.

For visitors, newcomers or Canadians returning home, our border officers are their first encounter. However, much more than that, they are responsible for upholding the integrity of Canada's borders. That means their work is integral to Canada's well-being. We are at a junction where border management and enforcement are truly front and centre for the government and for Canadians.

Nearly one year ago, the government introduced a federal budget, proposing investments of $1.25 billion for the CBSA. That funding includes support to modernize some of our land ports of entry and border operations, with the goals of ensuring efficiency and enhancing security. Members will recall that budget 2019 provided funds to close this important gap.

The idea has been to expand the Civilian Review and Complaints Commission, or the CRCC, to act as an independent review body for the RCMP and the CBSA. That is why the government introduced Bill C-98 last year, which received all-party support at third reading. It is why we are now introducing Bill C-3, with more time for debate and discussion. This bill aligns well with our commitment to accountability and transparency.

Under the proposals, the PCRC would handle reviews and complaints for both CBSA and the RCMP. Whether the complaints are about the quality of services or the conduct of officers, the PCRC would have the ability to review, on its own initiative or at the request of the minister, any non-national security activity of the CBSA. The PCRC would be available and accessible to anyone who interacts with the CBSA or RCMP employees and who seeks recourse. That includes Canadian citizens, permanent residents and foreign nationals, including immigrant detainees. The commission would investigate and offer its conclusions as to whether procedures at the border are appropriate or not.

These proposals would bring the CBSA in line with the rest of our security agencies, including CSIS and the RCMP, which are currently subject to independent review.

These accountability functions for border agencies are common in our peer countries and this bill would help us join that group. All of us would like to ensure that the public can continue to expect the world-class treatment the CBSA provides.

The CBSA has worked to ensure it has the resources and infrastructure in place to support this new review board. It already holds its employees to a high standard of conduct, and I am confident it will continue to uphold that standard.

As I have mentioned, this is coming at a time of renewed focus at our border. The agency is operating in a complex and dynamic environment. It must be responsive to evolving threats, adaptive to global economic trends and innovative in its use of technology to manage increasing cross-border volumes. Let us remember that some of those threats and trends are some of the greatest challenges facing parliamentarians and Canadians today.

The opioid crisis continues to pose a serious threat to the safety of Canadians, for example, and the CBSA plays a key role in detecting opioids at the border through new tools and methods. We have also seen rising rates of gun and gang violence in recent years. Again, the CBSA is front and centre here, remaining vigilant in combatting the illegal smuggling of firearms. It is keeping pace with rising volumes in the supply chain, including the growing prevalence of e-commerce. It is central to our economy and to our country's overall prosperity and competitiveness. It is undertaking all of this hugely important work in an environment where its clients demand a high level of accountability and transparency.

The professional men and women at our borders would be well-served by an independent review function for the CBSA. Canadians deserve it as well. That is why I encourage all members to join me in supporting Bill C-3 today.

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February 7th, 2020 / 12:20 p.m.


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Conservative

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.

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February 7th, 2020 / 12:15 p.m.


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Liberal

Marie-France Lalonde Liberal Orléans, ON

Mr. Speaker, I thank my opposition colleague for his question.

As I said in my speech, Bill C-3 is important. We have talked about this many times, but this organization is the only one that does not have an independent complaints review system. This bill will create that.

We have always said that our government wants to be more transparent and accountable. This measure will support the organization, and many committees have asked for it.

The House resumed 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.

Royal Canadian Mounted Police ActGovernment Orders

February 7th, 2020 / 10:50 a.m.


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Liberal

Marie-France Lalonde Liberal Orléans, ON

Madam Speaker, I am very grateful for the opportunity to participate in the second reading debate on Bill C-3.

If passed, this bill will establish the public complaints and review commission for the Canada Border Services Agency, the CBSA. This bill will give individuals a forum to express their discontent and have their complaints heard.

The new commission will be an addition to the existing Civilian Review and Complaints Commission for the RCMP. The new joint commission will receive complaints from the public concerning the conduct of CBSA and RCMP employees and the services both organizations provide, with the exception of complaints relating to national security, which are reviewed by the National Security and Intelligence Review Agency.

The CBSA is a key player in maintaining peace and security in Canada and has been for almost 16 years. Currently, Canadians rely on nearly 14,000 employees to provide fair, respectful service to the public. Those 14,000 employees are responsible for the longest international land border on the planet.

They work hard to protect our borders at 13 airports, 117 land border crossings, and ports and railway stations across this great country. Every day, they monitor the flow of goods and people crossing the border, and they do it professionally and courteously. Many MPs can attest to receiving outstanding services from CBSA employees during their travels abroad.

Over the course of the last fiscal year, CBSA employees interacted with 96 million travellers, inspected four million of them and processed over 21 million commercial releases and 46 million courier shipments. Their work involves seizing illegal goods, enforcing trade remedies, and intercepting and detaining people who pose a threat to public safety or are inadmissible.

In that context, the CBSA is also responsible for enforcing over 90 laws and regulations that ensure the country's and Canadians' security, and so I want to commend those employees for the professionalism and dedication with which they do their jobs every day.

However, I still believe that, when people feel as though their rights have been violated during an interaction with a government agency, they should have the opportunity to file a complaint against the agency in question. What is more, I am of the opinion that the complaint in question must be examined by an external and independent body. That is an important and fundamental guarantee that Canadians expect and are entitled to.

Bill C-3 seeks to offer Canadians that exact guarantee. The CBSA is currently the only agency under the Department of Public Safety that does not have its own independent review mechanism. Many proponents are calling for such a mechanism to be implemented. I would like to mention just a few.

The chief commissioner of the Canadian Human Rights Commission said the following on the subject in 2016, and I quote:

This is why we have joined the call for independent monitoring and oversight of the Canada Border Services Agency in relation to migrants and other foreign nationals in detention.

In 2015, the hon. Senator Moore introduced Bill S-205, which proposed the creation of an inspector general to consider complaints.

Later the same year, this bill was followed by a report from the Standing Senate Committee on National Security and Defence that reached the same conclusion. The committee later recommended that the Canadian government create an independent public complaints review body for the CBSA.

On the national security side, our government has already created the National Security and Intelligence Review Agency. That agency has the authority to review national security and intelligence-related functions across government, including the CBSA. Bill C-3 therefore provides the final missing piece. Indeed, Bill C-3 will allow for independent review of non-national security-related government activities only.

In addition, the new public complaints review commission could conduct its own investigations—

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February 7th, 2020 / 10:45 a.m.


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Conservative

Kelly McCauley Conservative Edmonton West, AB

Madam Speaker, my colleague ended his speech with a comment about no one in his constituency having asked about Bill C-3.

One of the problems we have with the bill is that no one in the government has asked the workers in CBSA about Bill C-3. Maybe what they should have asked is a follow-up on the employee survey, where 63%, almost two out of every three workers in CBSA, said senior management was not to be trusted. They could not bring issues of ethics or concerns forward to senior management without fear of reprisal.

We have seen the Liberal government go after any whistle-blower, whether it is the former justice minister or whether it is a lady complaining about the Prime Minister's blackface. They fired her, and threatened to send anyone similar to re-education camps.

Would my colleague care to comment on the fact that 63% of CBSA staff do not trust the government, do not trust their managers for any issue without fear of reprisal? Maybe that should be looked at before Liberals jam Bill C-3 through.

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February 7th, 2020 / 10:45 a.m.


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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, as I was just saying, going back to Bill C-3 and the oversight propositions in the bill, and back to the Yiddish proverb, “for example” is not proof that this legislation needs to be before us at this very moment. It could have been cobbled and combined with other matters that the Government of Canada considered needed to be done to the Canada Border Services Agency.

Again, we have seen a predilection of the government to institute and include all types of things in omnibus budget bills that do not belong there. I should remind the House that in the last Parliament, the Speaker decided to exclude certain portions of previous omnibus budget bills.

When I talk to my constituents, when I ask them what is critical to their day to day, what are the most important issues to them and what touches their daily life, none of them have told me it is Bill C-3. None of them have told me it is the oversight of the CBSA. It is their jobs, their livelihoods and the prosperity of Alberta families.

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February 7th, 2020 / 10:45 a.m.


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NDP

Jack Harris NDP St. John's East, NL

Madam Speaker, I rise on a point of order. I get the enthusiasm of the member wanting to talk about matters dealing with the oil industry in Alberta, but I am just wondering what relevance it has to Bill C-3, which is the matter we are debating in the House today.

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February 7th, 2020 / 10:35 a.m.


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Conservative

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, I want to thank my colleague from Lévis—Lotbinière for sharing his time with me so I could add my comments on the bill.

I want to also thank my constituents for sending me here for a second term and for the trust they placed in me in the past election.

Bill C-3 was in the last Parliament. I was a member of Parliament at that time and I remember the debates on the subject. Much of the content of the legislation being proposed before us is similar. The fact that this happens to be one of the government's earliest bills, when we have so many urgent, more critical issues to deal with, just calls into question the judgment of the government in pushing this forward at this time.

I support the contents of the bill. I support making a complaints body. I support greater oversight over the civil service and in other situations as well. I spent the better part of the last Parliament on two different committees, foreign affairs and finance, calling exactly for that greater oversight. Our role as parliamentarians is to ensure the oversight of the Government of Canada's spending, but also the oversight over the civil service and what it does.

I know, Madam Speaker, that you sat on a committee in the previous Parliament, the OGGO as we call it, operations and government estimates.

Again, there are so many other things with which we could be dealing.

I often have heard members say, for example ,this is a good, or, for example, this legislation has this concept or, for example, these are the types of problems this legislation will solve.

This will bring me to my Yiddish proverb, one that says, “for example” is not the same as proof, proof of why we should be pursuing this legislation at this time with this expediency. There are so many other issues.

I will use, for example, there are other issues we should have brought forward and dealt with immediately. These issues are of number one concern to people in Alberta, people in my constituency and people all across Canada.

I will mention, for example, the first time homebuyers incentive program. Just last week, the Government of Canada, to a question I asked on the Order Paper, gave us an answer on the $1.25 billion of spending on a program that had helped fewer than 3,000 people. I called it an election gimmick many months ago when the program came out.

I chased down the Department of Finance officials. I chased down Evan Siddall, the CEO of Canada Mortgage and Housing Corporation, the minister and many others at different committees to get answers before the House. Now we see from the results that the program has failed. It would be much more interesting for the House to do a deep dive into this program more closely.

The Government of Canada has said that 2,700 approvals happened, but as my colleague from Calgary Rocky Ridge mentioned to me, industry standards say that only about 50% of the people actually went through with it.

We have put aside $1.25 billion, and probably have helped 1,300 people achieve their dream of home ownership, which is an abysmal failure for a government program, a program pushed forward by the Minister of Finance and the minister for families and social development. The program was highly defended by Department of Finance officials and CMHC officials who did not like my chasing down answers on behalf of constituents. People in my riding are very worried about that.

That is a bill we could be reviewing right now, a piece of legislation to review the program and maybe eliminate it. It would save some money, time and look into why we failed as an oversight body to stop this election gimmick. That is my first example.

Originally the Government of Canada said that 100,000 people would be helped by the program. After 99 days, in the data provided in the House, we know that only about 32,000 people would be helped over a four-year time span. When I originally asked the question at committee about where the government got the number of 100,000 people, the Department of Finance officials told me that CMHC gave them the numbers and CMHC officials told me that the Department of Finance gave them the numbers. I am sure, Madam Speaker, that has been your experience in the past on different parliamentary committees, where department officials disagree about who gave whom what numbers. That would be a worthy enterprise for the House, to look into why this program so massively failed.

I know that in this next budget, potentially we could be expanding the reach of the program to $789,000 homes. I am very worried that the expansion of this program would not meet any of its goals.

We could, for example, have looked at the approval of Teck Frontier and the legislation governing it. The Teck Frontier project is a $20.6 billion investment in northern Alberta: 10,000 jobs, 7,500 construction and 2,500 operating jobs annually for four years. It is wholly within the territory of Alberta. It is wholly within the jurisdiction of Alberta. We control our natural resources.

As an Albertan, I do not want a handout. The people of my constituency do not want a handout. We do not want a just transition directed from Ottawa to the people of Alberta. We simply want to be given the respect and dignity to continue creating wealth. We are fine if a portion of the equalization and transfer payments are redistributed to our friends in rest of Canada.

However, Teck Frontier would be an important issue to be debated before the House. It must be approved.

As I asked yesterday in the House, I am wondering if the Government of Canada is afraid to say “yes” to prime minister Jason Kenney—Premier Jason Kenney. I was thinking in French. It would be an interesting one to look at that.

Albertans will say that if this project is not approved, they will know they are not respected within the Confederation. That is a drastic change to how the Confederation is supposed to work. I want the Confederation of 1867, the way the Fathers of Confederation intended it to be, truly autonomous provinces, able to develop their resources, able to do the best things for the people of their province. Provincial governments are elected to do that.

I know the people of Quebec understand this and have fought for this for decades now, just like all provincial residents should do. They should be looking to the provincial governments. It would be worthy, for example, of the House to look at, to ensure the Government of Canada is making the right decisions on behalf of Canadians and on behalf of Albertans.

We could be looking at the Trans Mountain pipeline, its construction and the series of missteps, dithering and failures of the Government of Canada that led to point where a business, Kinder Morgan, opted out. Northern gateway was cancelled, energy east was cancelled, TMX was expropriated.

As my colleague, the member for Carleton likes to say, “All our exes are in Texas.” All those companies moved their money to Texas, and are now building thousands of kilometres of pipeline in Texas for product that will compete at the Oklahoma hub with Alberta product. That situation is an absolutely travesty. For example, that would be something we could have considered instead of doing Bill C-3 immediately.

Bill C-3 could have been cobbled with other matters before the House.

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


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Conservative

Jacques Gourde Conservative Lévis—Lotbinière, QC

Madam Speaker, I will be sharing my time with the member for Calgary Shepard.

I am pleased to participate in today's debate on Bill C-3, an act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other acts.

The Conservative Party of Canada will always protect the integrity of our borders and ensure that the Canada Border Services Agency has the people and equipment it needs.

A public complaints commission will improve general oversight and help the Canada Border Services Agency do its job even more effectively.

I have a few questions for this government. First of all, why did it wait so long to fulfill a 2015 election promise and amend the act? This Liberal government definitely has a habit of putting commitments off until later. If it was so important in 2015, it should be urgent now that it is 2020.

This bill is a copy of Bill C-98, which died on the Order Paper at the end of the 42nd Parliament. During its study of Bill C-98, the committee heard from just seven witnesses, including the minister and five officials who reported to him. I hope that this time, the parliamentary committee will have the freedom it needs to study this bill as thoroughly as it deserves and to hear testimony from more witnesses. We are going to make sure that all stakeholders are heard during this parliamentary committee study and that we get all time we need to do our job properly.

I want to take this opportunity to commend my friend and colleague, the member for Charlesbourg—Haute-Saint-Charles, for his tireless dedication to the issue of public safety in Canada. I admire the way he gets things done and his attendance record in the House. Our whole caucus is very proud of him, and I tip my hat to him.

Our border services are also very important for protecting our economy and the safety of the foods we import. I would like some assurance from the Liberal government that our free trade agreements with our partners and other countries are fair and equitable.

Also, does the government complete all the necessary checks at the border to ensure that we are importing foods that meet environmental and safety standards equivalent to those enforced in Canada?

With regard to aluminum, will the government allow Chinese aluminum produced with coal-fired Chinese electricity to enter the country, rather than using aluminum produced here in Quebec with hydroelectricity? This is certainly not something we would expect from a government that claims to care about the environment. It is clear the government is not walking the talk.

I want to come back to the Liberal government's consultation process. Did the government ask the opinion of front-line RCMP and CBSA officers? If so, what were their concerns and how were they taken into account?

I also think there is a need to reassure Canadians about the independence of the commission. If the past is any indication, this government has a tendency to interfere with the work of independent commissions.

Recently, we saw the Prime Minister interfere in one of the Auditor General's files, and we have not yet gotten to the bottom of that situation. We, on this side of the House, still have questions about the Conflict of Interest and Ethics Commissioner's report in that regard. We hope to have the co-operation of all members of the Standing Committee on Access to Information, Privacy and Ethics to launch a transparent study on that.

That said, I have no doubt that the debate on Bill C-3 is necessary and has merit.

However, I do think that it is more urgent to tackle the increasing number of illegal firearms in Canada, the gang shootings, the overdoses, mental health issues, legal backlogs, incidents of repeat offenders attacking Canadians, and human trafficking in this country. Why is this bill the government's top priority coming into this 43rd Parliament when there are all kinds of other pressing issues that should be handled first?

The Liberal government seems to want to address issues on which there is some form of agreement to avoid important societal debates. There is so much work to do to keep our country prosperous and safe. The government has been moving at a snail's pace since it came to power. It is playing the part of the grasshopper and doing whatever it wants, instead of taking care of the urgent issues.

Here is one important issue that should be a priority in the agenda of this spineless government, as I have already mentioned in the House in a members' statement. Canada is a country rich in natural resources, such as crude oil and natural gas in the west and Newfoundland and Labrador; hydroelectricity in Quebec, Manitoba and British Columbia; nuclear energy in Ontario and New Brunswick; and last, but not least, the shale oil and gas, coal, solar energy, wind energy and biomass energy used in various provinces and territories. Our country is so fortunate to have all of these resources. So many countries would love to have Canada's resources to help lift them out of poverty.

This prompts us to ask other important questions. How are all these energy resources transported within Canada, to serve all the provinces and territories, and how are they exported out of Canada, to the U.S. and other countries? Do we have adequate infrastructure? Are these methods of transportation safe and reliable enough to ensure an uninterrupted supply or, as was the case in the recent propane crisis in Quebec, are we relying on a single transporter? What about the environmental and economic impacts? Do we have energy security? Many questions deserve answers. That is why I would like to see the creation of a national commission on energy security. In my view, Canada's energy sector stakeholders should work together as part of a large-scale national consultation sponsored by the federal government. We must have the courage to get our heads out of the sand and talk about the energy sector. Unfortunately, this is a wedge issue in Canada right now, when it should be something that brings us all together from coast to coast to coast.

I strongly urge parliamentarians from all parties to initiate this discussion, which is crucial to the future of our country. This dialogue with every stakeholder in the energy sector will make it possible to develop a serious strategy for the future of Canada's energy sector by creating a national commission on energy security.

Our Canadian approach to energy will guide the economic destiny of future generations and how we position ourselves on the world stage. Let us take up our responsibilities as parliamentarians and legislators in the House, and ask the government to show leadership for the well-being of Canadians and for our economic prosperity.

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February 7th, 2020 / 10:15 a.m.


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Conservative

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?

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


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Liberal

Gagan Sikand Liberal Mississauga—Streetsville, ON

Madam Speaker, I am pleased to add to the debate of Bill C-3 today.

An independent review and complaints mechanism for the Canada Border Services Agency would fill an important gap for our national security agencies. This is not a new issue for parliamentarians. Members will recall that similar legislation was introduced and debated in the last session, as Bill C-98. That bill received unanimous consent just eight months ago, and since that time our government has had the benefit of considering comments made on previous legislation. With its introduction as a new bill, it is reflective of many of the comments and recommendations previously made.

CBSA oversight is not a new idea. In fact, Bill S-205, introduced by former Senator Moore in the other place a few years ago, proposed a CBSA review body. That was, in part, in response to a previous call by senators to create an oversight body through the 2015 report of the Standing Senate Committee on National Security and Defence. Many parliamentarians, academics, experts and stakeholders have made similar calls over the years. That is largely because Canada is the only country among our closest allies not to have a dedicated review body for complaints regarding its border agency. Furthermore, the CBSA is the only organization within the public safety portfolio without such a body. Bill C-3 would change this environment.

Canadians need to be confident that their complaints are handled and addressed appropriately and independently. They deserve enhanced reporting on how border services operate, which the bill also proposes. To expand on that, under Bill C-3, the new body would be able to not only report on its finding but also make recommendations as it sees fit. Those reports would include the PCRC's findings and recommendations on everything from the CBSA's policies and procedures to its compliance with the law to the reasonableness of the use of its powers.

This is about accountability and transparency. To parse why this is so important, we must take a look at the rapidly-changing context of the CBSA.

On a daily basis, CBSA officers interact with thousands of Canadians and visitors to Canada at airports, land borders, crossing ports and other locations. To put that in numbers, that is 96 million interactions per year with travellers and $32 billion per year in duties and taxes, according to the 2017-18 statistics. That is 27.3 million cars, 34.5 million air passengers and 21.4 million commercial releases. All of that happens at 13 international airports, 117 land border crossings, 27 rail sites and beyond. This will only increase. That is why the government introduced a federal budget last year proposing investments of $1.25 billion for the CBSA to help modernize some of our ports of entry and our border operations. After all, we know that business at the border never stops and is growing year after year.

As hon. members know, ensuring that business continues while protecting Canadians requires CBSA officers to have the power to arrest, detain, search and seize, and the authority to use reasonable force when required. We know that Canada's over 14,000 CBSA officers are truly world class, providing consistent and fair treatment to travellers and traders.

However, as business grows along with demands for accountability, the CBSA cannot reasonably be expected to handle all the complaints on its own, nor should Canadians expect it would. Currently, complaints about conduct and the service provided by CBSA officers are handled internally. If an individual is dissatisfied with the results of an internal CBSA investigation, there is currently no mechanism for the public to request an independent review of these complaints. Bill C-3 would neatly remedy all of this. For example, such an individual would be able to ask the PCRC to review his or her complaint. At the conclusion of a PCRC investigation, the review body would be able to report on its findings and make recommendations as it sees fit. The president of the CBSA would be required to respond in writing to the PCRC's findings and recommendations.

The PCRC would also accept complaints about the conduct and service provided by CBSA employees from detainees held in CBSA facilities. These could include complaints related to treatment and conditions in detention.

On the rare occasion that there be a serious incident involving CBSA personnel, Bill C-3 would legislate a framework to not only handle and track such incidents, but also to publicly report on them. It would in fact create an obligation for the CBSA to notify local police and the PCRC of any serious incident involving the CBSA officers or employees. As I have noted, the legislation would also allow for the PCRC to review, on its own initiative or at least at the request of the minister, any non-national security activity of the CBSA.

National security activities would be reviewed by the new national security intelligence review committee, which is the National Security Intelligence Review Agency, or NSIRA. As colleagues know, the NSIRA is responsible for complaints and reviews relating to national security, including those relating to the RCMP and the CBSA. Members will see provisions in Bill C-3 that would facilitate information sharing and co-operation between the PCRC and NSIRA.

I would point out that the PCRC would not have the authority to review, uphold, amend or overturn enforcement, trade or national security decisions made with the CBSA, nor would it consider complaints that could be dealt with by other organizations, such as the Canadian Human Rights Commission, the Office of the Commissioner of Official Languages or the Office of the Privacy Commission. What it would do is provide a reasonable, long-sought-after framework to build accountability in our public safety agencies and trust among Canadians.

As I close, I would like to point out that this is the latest in a line of recent measures to enhance accountability in our national security apparatus. The former Bill C-22 led to the creation of the now operational National Security and Intelligence Committee of Parliamentarians, which has a broad mandate to review national security and intelligence organizations.

The former Bill C-59 led to the creation of the NSIRA. NSIRA now has the authority to review any activity carried out by CSIS or the Communications Security Establishment and any national security or intelligence-related activity carried out by federal departments and agencies.

All of this amounts to unprecedented enhancements in our national security accountability, on top of the government's creation of a national security transparency commitment, which is all about integrating Canada's democratic values into our national security activities.

These measures build on the government's broad national security consultations in 2016, which sought to engage Canadians, stakeholders and subject matter experts on issues related to national security and the protection of rights and freedoms. In those consultations, four-fifths, or 81%, of online responses called for independent review mechanisms for departments and agencies that have national security responsibilities, including the CBSA.

This outline should provide some rationale for bipartisan support for Bill C-3 by parliamentarians, academics, experts and stakeholders alike and other Canadians. Our security and intelligence communities must keep pace with evolving threats to the safety and security of Canadians and with a rapidly changing border environment. They must do so in a way that safeguards our rights and freedoms, and the people's trust in how the government works. That is why I ask the House to join me in supporting Bill C-3 today.

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


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Liberal

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.