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

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

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

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

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

The House resumed from February 6 consideration of the motion that Bill C-3, An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Acts, be read the second time and referred to a committee.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[Richard Lehoux, Conservative, Beauce, QC]

Madam Speaker, as this is my first speech, I would like to say hello to the people in my riding of Beauce. I thank them for the opportunity to bring their issues to Ottawa. I have always been proud of the fact that I am from Beauce and I accept with humility the unique opportunity to represent my constituents.

I would especially like to thank my wife, Ginette, my children, grandchildren and my entire family. Without them I would definitely not have been able to get through this campaign, which I found to be very long.

I would also like to acknowledge the members of my team, Derek, Marco and Alexandre. I thank them for minding the store while the House is sitting. I especially want to thank France, who supported me throughout the campaign and who continues to be the rock for my team. I also thank Myriame, Scott and the volunteers for their invaluable assistance during the election campaign. During the campaign I often said that it is faster to go alone, but we can go further together.

I am pleased to take part 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, which will create a review body that is at arm's length from the Canada Border Services Agency.

This bill was formerly known as Bill C-98, which the government tried to ram through the last Parliament, no doubt because it wanted to boast about keeping an election promise. Although we are not opposed to Bill C-3, there is still work to do, and it must be done properly.

Interestingly, in the last Parliament, the Liberals waited before following through on their 2015 promise. Right at the end of their term, they pressured all the parties to hurry up and pass Bill C-98.

The Liberals are back at it this time around with Bill C-3. I congratulate them on introducing it at the beginning of the new Parliament instead of doing like they did last time and sweeping it under the rug for their whole term only to make it a big emergency at the end.

Currently, complaints about the conduct of CBSA officers and their services are managed internally. If a member of the public is dissatisfied with the results of the CBSA's internal investigation, that person has no other way to ask for an independent review of the complaint.

I repeat, as with Bill C-98 in the past, our party does not oppose Bill C-3. Canadians expect oversight of our law enforcement agencies. A public complaints commission will improve general oversight and help the CBSA exercise its powers, duties and functions even more effectively.

Our mission is to ensure that the government always keeps Canadians safe. That said, as I mentioned a little earlier in my speech, that work must be done properly.

A few questions remain unanswered, and I hope the government will answer them for Canadians. What bothers me is that Jean-Pierre Fortin, the national president of the Customs and Immigration Union, said he was not consulted about this legislation.

Why did the government not ask for input from people working on the front lines, the ones who will be monitored by a new oversight body that will also oversee the organization that represents them?

In my view, a good employer presents its vision, rather than imposing it. Perhaps the government needs to sit down with Mr. Fortin in order to do its job properly.

While I was preparing my speech, I was surprised to learn that only seven witnesses testified on the last Parliament's Bill C-98.

Other than the Minister of Public Safety and Emergency Preparedness, the witnesses included the chairperson, general counsel and senior director of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police, the counsel for the Department of Public Safety and Emergency Preparedness, and the acting director general of the law enforcement and border strategies directorate. Those five people report directly to the minister.

Let me repeat what I said before: Is it not imperative that the government present its proposals to people on the front lines instead of making people in its entourage testify? It is the government's duty to consult those affected by the changes, if only to ensure that it is on the right path and not just going by what people in the inner circle say.

I also have a concern about deadlines for processing complaints under Bill C-3. Currently, when we send in forms for our constituents, the delays drag on forever. Whether it is about immigration or employment insurance, people in our riding encounter never-ending wait times.

Once the new organization is in place, can the government guarantee that the complaints process will not drag on forever?

In 2017 and 2018, nearly 40,000 people crossed the border illegally as a result of a tweet from the Prime Minister. Although the government said that those numbers dropped by 15% in 2019, the high volume of arrivals caused major problems for border services officers on the ground and for the CBSA, which had to deploy an incredible amount of resources to Roxham Road and other crossings.

What is worse, Jean-Pierre Fortin, who, as I mentioned earlier, is the president of the Customs and Immigration Union, said that there was a resurgence in illegal border crossings at Roxham Road over the holidays. There were twice as many as usual. CBSA officers have asked for additional staff for this year.

The border management system is overloaded, and that is causing problems. CBSA officers are doing their best to do their job properly. I hope that the government learned from the mistakes it made during its previous term in office. Had it introduced its bill properly the last time instead of trying to do it in a rush, we would not be in this position right now. The bill would have gone through the legislative process, and we could have focused our efforts on other bills that are just as important and require just as much attention as Bill C-3.

I hope the government demonstrates that it can do its job properly if it wants the official opposition to co-operate.

I will end my speech on a more personal note. Since we are talking about a bill on the Canada Border Services Agency, I would like to acknowledge the border services officers at the Jackman crossing, which is located in Saint-Théophile in my riding. I thank all border crossing employees for protecting our borders.

I would also like to acknowledge the members of the RCMP who came to my riding last summer to perform the Musical Ride during Saint-Elzéar's summer festival. The event, which is performed by 32 riders in dress uniform and their horses, attracted a crowd of over 2,000 people, young and old, on the wonderful sunny day of June 23, 2019.

[Tony Baldinelli, Conservative, Niagara Falls, ON]

Madam Speaker, I will share my time with my colleague, the member for Beauce.

I rise in the House today to support the government's 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. This bill makes two key changes to the Civilian Review and Complaints Commission for the RCMP. First, it will rename this agency to be called the public complaints and review commission. This bill will also expand the agency's responsibility.

The Civilian Review and Complaints Commission for the RCMP, as it is now named, is an independent agency. It is not part of the RCMP. The commission was created by Parliament in 1988 to ensure that public complaints made about the conduct of RCMP members are examined fairly and impartially. The commission receives complaints from the public and conducts reviews when complainants are not satisfied with the RCMP's handling of their complaints. Bill C-3 seeks to expand the oversight responsibility of the commission to include the CBSA in addition to the RCMP.

The CBSA plays a vital role enforcing laws governing trade and travel, while stopping potential threats at Canadian border points. In carrying out these duties, the CBSA relies on border service officers who engage with the public at various points of entry: highway crossings, airports, marine terminals, rail ports and postal facilities.

Border service officers enforce laws and regulations that touch nearly every sector of Canadian society, including our agricultural, manufacturing and service sectors. The CBSA encounters millions of Canadians every year when goods, services and citizens travel from our country to another or return from their journey.

In a constantly changing world with ever-evolving threats, our border service officers work in fast-paced, intense and often stressful environments. CBSA officers, much like RCMP officers, are on the front lines of duty for ensuring the protection of our national security and public safety. They work under significant pressures and are constantly expected to perform to the best of their abilities. It is not an understatement to say that much of our national security and public safety depends on them.

We benefit every day from the hard work these officers put in and, for the vast majority, officers approach their work as professionals and conduct their work responsibly, as expected by the Government of Canada and citizens alike. However, instances of improper or inappropriate conduct from RCMP or CBSA officers can arise from time to time, which may trigger a civilian complaint.

Currently, individuals may launch a complaint against the RCMP for improper attitude, improper use of force, improper use of firearms, improper arrest, neglect of duty and mishandling of property, among other classifications. Many of these classifications could conceivably apply against CBSA officers in specific cases as well. That is why it is reasonable to reinforce existing CBSA procedures to hear comments or complaints about the public's experience with the agency by expanding accountability and oversight of the agency.

These changes in part reflect efforts to ensure that our law enforcement agencies are doing their work and interacting with citizens in an accountable, responsible, professional and respectful manner. It also heightens overall public trust and confidence in these critical institutions.

I am therefore encouraged that within this new minority Parliament, the government is introducing Bill C-3 early in the 43rd Parliament. The government is indicating that it understands this is something we can work on together to support and get passed for the benefit of all Canadians. My constituents want to see this kind of co-operation and I am pleased to be standing in my place saying that we will be supporting this legislation.

As many of my colleagues know, my riding of Niagara Falls is unique in our great country. Geographically, the riding stretches the length of the Niagara peninsula, touching on two of our Great Lakes, Lake Erie and Lake Ontario, which are connected by the magnificent Niagara River. On the other side of this river is our greatest trading partner and ally, the United States of America.

My riding's connection to the U.S. is close not only in geographic terms, but we are also connected physically by four separate international border crossings that are all situated along the length of the Niagara River. These border crossings are the Queenston Lewiston Bridge in Niagara-on-the-Lake, the Whirlpool Bridge and the Rainbow Bridge in Niagara Falls, and the Peace Bridge in Fort Erie. As such, the implications of Bill C-3 will be felt directly in my riding by many CBSA officers who work in and call Niagara their home.

Born and raised in Niagara, I am very familiar with the work of the CBSA. Furthermore, in my work with the Niagara Parks Commission for the past 18 years, my understanding and appreciation of their work grew. In this role, I had the pleasure of working with the CBSA on several occasions, in concert with our own Niagara Parks Police, to facilitate large-scale international events and visits to our community.

I understand first-hand the level of experience and professionalism our border officers exhibit when they conduct their work. However, as mentioned before, incidents can arise, and expanding the responsibility of the public complaints and review commission of the CBSA makes sense. In fact, this change would increase my level of confidence in our national security and public safety authorities overall.

It is my hope to see this reasonable bill be passed through the House of Commons, once again, in a timely manner, given its simple reintroduction without change and its recent history of going through the House of Commons parliamentary process with relative ease. Changing legislation is just one important part of implementing Bill C-3; funding it is another. Budget 2019 proposed 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. I look forward to reviewing budget 2020 for any updates to this funding, once budget 2020 has been published and passed later this spring. In the meantime, I am pleased to support Bill C-3 at second reading.

[Élisabeth Brière, Liberal, Sherbrooke, QC]

Mr. Speaker, I thank my colleague for her question.

Our government is committed to ensuring that border services earn the trust of the Canadian people, and we are working on strengthening accountability. Bill C-3 will facilitate the safe and efficient flow of people and goods. It goes even further by introducing an oversight body that will allow people to file complaints more easily. I think this will help the people in the riding.

[Brenda Shanahan, Liberal, Châteauguay—Lacolle, QC]

Madam Speaker, I thank my colleague for her speech.

My riding, Châteauguay—Lacolle, is home to an important border crossing. I am talking about the crossing in Lacolle, on Highway 15. Thousands of people, individuals and families, cross that border for tourist and business reasons. Goods are also shipped by businesses for export and import between the United States and Canada.

What changes does Bill C-3 make? We sometimes hear stories about people held up at the border or being asked questions they found inappropriate. What changes does this bill make for ordinary citizens?

[Élisabeth Brière, Liberal, Sherbrooke, QC]

Madam Speaker, I thank my colleague for his question.

I think that the government has always sought to establish the best commission and the best organizations possible to meet the needs of all Canadians.

Bill C-3 effectively seeks to ensure that people can file complaints, feel safe and rest assured that their rights will be respected by border services officers. We hope that these questions will be answered in the next stages this bill will follow through to its adoption.

[Élisabeth Brière, Liberal, Sherbrooke, QC]

Madam Speaker, if we want Canadians to trust their government, we need a government that trusts Canadians. I would add that this position has been repeated many times in the House, and not just when Bill C-98 was introduced.

On that note, I would also like to thank the senator who introduced Bill S-205 in 2015. That bill set out a number of the recommendations that we are proposing today.

Beyond the CBSA, our government's desire to improve the transparency and accountability of all our security agencies is clear.

For example, in 2013, a member proposed the creation of a national security committee of parliamentarians, but unfortunately the House rejected that proposal. The following year, a member introduced a bill that would have amended the National Defence Act in order to improve the transparency and accountability of the Communications Security Establishment.

Obviously, parliamentarians and Canadians want our intelligence and security agencies to be as accountable and transparent as possible. When our government took office in 2015, we knew we had to take action. During the government consultations on national security, experts and members of the public told us that we risked losing the trust of the public if our security agencies did not become more transparent and accountable.

After all, these measures create an effective and efficient government.

They help us oversee the exercise of authority and deliver results for Canadians.

The bill established the National Security and Intelligence Review Agency, which is the heart of Bill C-59 and represents a historic change for Canada.

The creation of this agency resulted in an integrated and comprehensive review of all national security and intelligence activities, including broader access to information across the government.

The government also created the National Security and Intelligence Committee of Parliamentarians, a group tasked with reviewing Canada's national security and intelligence organizations.

As members know, this committee now has extraordinary access to classified information so that it can scrutinize security and intelligence activities.

The creation of this committee filled a significant gap and allowed us achieve two objectives: guaranteeing that our security agencies are working effectively, and protecting the rights and freedoms of Canadians.

The government also adopted a national security transparency commitment across government to give Canadians better access to information. All of these measures will help build public confidence in our security agencies. The RCMP, CSIS and Correctional Service Canada are already subject to solid accountability measures.

We know that similar steps have to be taken for our border agency.

We need a transparent system to ensure that complaints regarding the conduct and quality of services of CBSA employees are handled appropriately.

This is what Bill C-3 aims to do.

This bill would build on all of the government reforms I mentioned earlier and would increase the accountability of our national security apparatus.

Canadians can rest assured that an independent review body would be handling complaints relating to the conduct of border officers.

Bill C-3 would expand and strengthen the Civilian Review and Complaints Commission, the CRCC, which is the RCMP's review agency. This commission would become the public complaints and review commission. The new commission would be responsible for handling complaints and reviews for the Canada Border Services Agency and for the Royal Canadian Mounted Police. Anyone interacting with CBSA employees who wishes to file a complaint about the employee's conduct or quality of services would be able to go through this enhanced commission.

The Civilian Review and Complaints Commission could also conduct reviews of the Canada Border Services Agency of its own initiative or at the request of the Minister of Public Safety. However, matters of national security would be addressed by the National Security and Intelligence Review Agency with help from the CRCC.

Departments and agencies within Canada's public safety community are very familiar with this new transparency and accountability model. I know that they understand that their ability to respect this model has a direct impact on public trust, their credibility and their day-to-day activities.

The government knows that with the creation of the independent mechanism proposed in Bill C-3, Canadians will be much more comfortable filing a complaint. We will thereby greatly improve the accountability of our public safety apparatus' oversight mechanism.

I encourage all members of the House to join me and support Bill C-3 at second reading.

[Élisabeth Brière, Liberal, Parliamentary Secretary to the Minister of Economic Development and Official Languages (Economic Development Agency of Canada for the Regions of Quebec)]

Madam Speaker, thank you for the opportunity to speak to Bill C-3.

I am in favour of a complaints and review mechanism for the Canada Border Services Agency, or CBSA. This type of proposal goes to the very heart of our government's core values and objectives.

Each minister of the crown has a mandate letter that clearly states:

We have committed to an open, honest government that is accountable to Canadians, lives up to the highest ethical standards and applies the utmost care and prudence in the handling of public funds.

We want to raise the bar even further on the transparency and integrity of government.

As Prime Minister Trudeau said, if we want Canadians to trust their government—

[Emmanuella Lambropoulos, Liberal, Saint-Laurent, QC]

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

I appreciate the opportunity to rise today and speak to Bill C-3, our proposed accountability legislation for the Canada Border Services Agency.

Specifically, this bill would establish an independent, arm's-length public complaints and review body for the CBSA. This is important and overdue.

This bill follows the efforts of Wilfred Moore, who proposed Bill S-222 and Bill S-205 to provide oversight for the actions of CBSA employees. This bill has been reintroduced in the House after its former iteration, Bill C-98, received all-party support during third reading in the last Parliament.

As we all know, the CBSA has repeatedly been singled out for the lack of independent oversight over some of its activities. Filling that accountability gap is the right thing to do in any democracy. It would also improve the public's trust and confidence in an agency that not only helps to keep the public safe but also deals with the public on a daily basis.

Many of our constituents travel for work or leisure. They expect and deserve a relatively uneventful experience when receiving border services.

Let me be clear: The CBSA does excellent work while operating in a complex and challenging environment. As I followed the debate with great interest, I was pleased to hear praise and recognition from members of this House for the agency and its dedicated employees.

More than 14,000 people work for the CBSA. Some employees have behind-the-scenes jobs, working on investigations of suspected criminals, national security cases and organized crime groups. Others have a more visible role, including the more than 6,500 uniformed CBSA officers. Many of these officers engage with the public at various ports of entry to Canada.

The CBSA manages 117 land border crossings, more than half of which operate on a 24-hour basis, seven days a week. The agency also operates at 13 international airports, and its officers perform operations at 27 rail sites. In addition to this, CBSA officers carry out marine operations at the ports of Halifax, Montreal and Vancouver, among others, and at numerous marinas and reporting stations.

The CBSA's work goes well beyond its presence at our ports of entry. For example, it processes and examines international mail at three processing centres. Its officers enforce laws and regulations that involve nearly every sector of Canadian society, including our agriculture, manufacturing and service sectors. It has a very broad and wide-ranging mandate.

In fulfilling that mandate, CBSA employees engage with large numbers of Canadian citizens, permanent residents and foreign nationals. In 2018-19 alone, they engaged with more than 96 million travellers. That is in addition to the over 19 million commercial shipments and more than 54 million courier shipments they processed last year. It is a world-class agency.

These numbers are a testament to the CBSA's diligent, hard-working employees. In almost all cases, the services they provide to the public are beyond reproach, but, as with any organization of its size and scope, incidents do arise from time to time. The CBSA has procedures in place to handle complaints about the public's experiences in dealing with the agency. Currently, these complaints about service or employee conduct are handled internally. If there is dissatisfaction with the results of an internal CBSA investigation, there is no mechanism for the public to request an independent review of a complaint.

That is where Bill C-3 comes in. It proposes to establish a strong and independent review mechanism for the CBSA called the public complaints and review commission, or the PCRC. We would not be starting from scratch with the PCRC, because it would incorporate and build on the existing Civilian Review and Complaints Commission for the RCMP. The new PCRC would handle complaints from the public about its interactions with and the services provided by both the CBSA and the RCMP.

Here is a brief overview of how the proposed PCRC would work. The PCRC would notify the CBSA of any complaint it receives from the public. The CBSA would likewise inform the PCRC of any complaint it receives directly from the public. In most cases the CBSA would conduct an initial investigation of the complaint.

Of course, it is possible that someone making a complaint would not be satisfied with the way the initial complaint investigation was handled by the CBSA. Bill C-3 accounts for this. It would allow those filing complaints to submit a request to the PCRC for a complaint review. This request would need to be submitted within 60 days of receiving notice from the CBSA of the outcome of the complaint.

This bill would also give the PCRC the power to conduct its own investigation of a complaint. It could choose to do so if it receives or is notified of a complaint received by the CBSA and believes a PCRC investigation would be in the public interest.

In these cases, the CBSA would not begin an investigation into the complaint. If an investigation had already been launched, it would be terminated. As its name suggests, the PCRC would also play an important review role for the CBSA. The PCRC would be able to review any of the CBSA's activities, with the exception of those involving national security matters. That is to avoid duplication of work with the new National Security and Intelligence Review Agency, as well as the National Security and Intelligence Committee of Parliamentarians.

All other areas of CBSA activity would be subject to the PCRC review. The PCRC would be free to make its own decisions about what to review. A request for review could also come from the Minister of Public Safety.

I am proud to stand with a government that is committed to ensuring all of its departments and agencies are held accountable. It has been clear for quite some time that an accountability gap exists when it comes to some of the core functions of the CBSA. Right now the CBSA investigates complaints about its own conduct and service. That system certainly cannot be expected to inspire trust and confidence among Canadians.

Bill C-3 would make things right by creating a public complaints and review commission. This would be a body that people could turn to if they have comments or complaints about their experiences with the CBSA, and crucially, it would be completely independent.

That is why I wholeheartedly endorse this important piece of legislation and look forward to seeing it move through the parliamentary process during this session. I encourage hon. members of the House to join me in supporting this bill.

[Christine Normandin, Bloc, Saint-Jean, QC]

Madam Speaker, in theory, my speech should last about 20 minutes, but it might be a little shorter. I want to give some notice to the speaker coming after me. If he or she is listening and is not already in the House, he or she can come a little earlier.

Today we are debating the role of the Canada Border Services Agency. It might be a good idea to remind everyone that the Canada Border Services Agency is a massive organization. It is responsible for enforcing no fewer than 90 laws and regulations, which is a lot. This is a very important organization.

One of the main laws that the Canada Border Services Agency is responsible for enforcing is the Immigration and Refugee Protection Act, or IRPA. Immigration experts and lawyers often say that if Immigration, Refugees and Citizenship Canada, or IRCC, is the judicial branch that handles immigration, the CBSA is its enforcer. This metaphor comes up often in the immigration world.

IRCC follows the judicial process. If a claim is filed, it is made in writing. The claimant is then heard by a panel, which must render a written decision. There are several ways to challenge the decision, either by review or appeal.

There is a transparent, substantive and reasoned process for challenging decisions that fall within the legal branch. However, at the enforcement level, there is no system in place to challenge what is being done, such as how CBSA officers may deal with individuals who, for example, are subject to deportation orders or with immigrants detained in detention centres for identification purposes.

There may be gaps in several places, but there is no way to find out what those gaps are, other than through an access to information request. There is no open complaint system, there is no open process, and there are certainly no guidelines for handling these complaints.

That is exactly what Bill C-3 is trying to correct. We need to ensure that there is a transparent system in place to monitor and track complaints, and perhaps even facilitate filing them.

The subject has attracted media attention in recent years. CBC filed access to information requests to get a better idea of what was going on and what kind of complaints were being received internally. It is possible to file complaints, but they have to be submitted to the CBSA and are handled by the agency, not by an external third party.

CBC filed an access to information request and got some information. From January 2016 through half of 2018, the CBSA received no fewer than 1,200 complaints about its employees. In some cases, the complaints were about harassment and grave misconduct. CBC noted that the number of complaints ruled credible was not made public and there was no information about measures taken to address complaints found to be credible. There is no accountability. Nobody follows up on the complaints. There is no system to remedy complaints deemed admissible.

The subject of the complaints was interesting too. It was not until the media got involved that we found out what was going on. Of the 1,200 complaints received, 59 were about allegations of harassment, five were about allegations of sexual assault, and 38 were about statements alleging criminal association.

In connection with the lack of a complaint handling system that was uncovered by the CBC, we are seeing another problem, namely that people who are in Canada temporarily have less access to this complaints system. We are talking about temporary residents and visitors who may also have to deal with CBSA officers. Some examples were reported by the CBC. A woman who was supposed to be deported to Guatemala claimed that CBSA officers seriously injured her by pushing her to the ground and kneeling on her back. She said, “They pulled [my arm] backwards and kept kicking my back with their knees”.

In that specific case, there is nothing in writing on that woman's file to indicate whether there had really been any excessive use of force. There was no follow up to the complaint because there is no complaint tracking mechanism. However, Nazila Bettache, a Montreal doctor who later saw the woman, said that she had suffered a traumatic injury that damaged the nerves in her cervical spine. Nevertheless, as there is no complaint tracking system, no one could ever shed light on what really happened.

A year and a half ago, La Presse filed an access to information request to get a better idea of what happens to complaints that are received and handled internally by the CBSA. La Presse found that about 100 of the approximately 900 complaints that were received were deemed to be founded. About one in 10 complaints is considered to be founded by the CBSA. Once again, that is problematic because we do not know what criteria are used to determine whether a complaint is founded or credible. The complainant does not necessarily receive a decision with reasons, as would be the case with a complaint received and handled by independent organizations with clear guidelines.

The report noted that some complaints were about CBSA officers who made racist or crude comments about travellers. There is no way to see the details of these complaints or how they were received, assessed and handled, as the case may be.

The Canadian Press also looked into this matter. For 2017-18, it identified 105 complaints that were deemed to be founded, which represented about 12% of the complaints received. It analyzed 875 complaints in total. Once again, we have to wonder about the proportion of complaints that are received and deemed to be founded. Perhaps a more detailed analysis with clear criteria would reveal that more complaints should have been deemed credible and accepted and analyzed. These complaints could have led to follow-up and hopefully to corrective action.

In this case, the Canadian Press looked at the type of complaints made. It mentioned one traveller who stated that a CBSA officer was rude and yelled at her until she passed out. Apprently, the officers only reported that she was found to be in medical distress and received appropriate care. There seems to be a discrepancy between the content of the complaint and the manner in which it was analyzed by the CBSA. However, an external investigation is not necessarily carried out in such cases.

Another complaint came from a traveller who reported that the officers were insulting other travellers and lacked respect. Radio-Canada also looked into this. It raised an issue that is a bit different but that also deserves to be analyzed by the committee that examines Bill C-3. The Radio-Canada articles state that border officers have the right to search the contents of electronic devices but that they have to put the device in airplane mode. It seems that, in many of the cases that were reported, the CBSA officers did not abide by that directive and there was not necessarily any follow up. I will give a few examples.

One person was asked for access to her online bank accounts. The person had her phone with her, and the CBSA officers asked for access to her bank account without giving any reason to justify it. We have to wonder whether it was legitimate to ask the person to give them access to her bank accounts.

Another traveller gave the following example. At the Montreal-Trudeau Airport, returning from a trip to Cuba, he was asked by border officers to open his luggage so they could inspect the contents. The traveller said that he had been to Cuba 15 times and never had any problems. That evening, he was clearly targeted.

In his luggage, he had a cellphone, a tablet and two USB keys, which contained his lesson plans and his students' files. The officers asked him whether they could inspect all of the contents of his USB keys and tablet. The next day, the man received warning messages informing him that an unidentified person had tried to access his Hotmail and Facebook accounts.

This raises questions that are very interesting to me as a lawyer. When those articles were published, I remember that they got people in the legal field talking, particularly my colleagues in immigration law.

Like my colleagues, I wondered what I, as a lawyer, would do if I arrived at customs and a CBSA officer asked me to unlock my phone to verify the contents.

As I am bound by solicitor-client privilege, it is possible that my phone might contain confidential information. I might be an immigration lawyer, and my phone might contain information from my clients that might end up in the hands of the CBSA. Do I cancel my trip? Do I hand over my phone to the officer? Later, if I want to file a complaint, the system does not allow me to do so properly.

There are some gaps when it comes to privacy protection. How do we know if limits have been exceeded when those limits are not yet clearly established? They cannot even be corrected through a process where a complaint is deemed acceptable after being analyzed, detailed and justified, or challenged in court and referred to higher courts to set precedent, because such a system simply does not exist.

The Bloc Québécois will support Bill C-3, just as we supported its previous iteration in the last Parliament, although it may have been introduced a bit too late, unfortunately causing it to die on the Order Paper.

However, we hope the bill will benefit from many thoughtful comments, but not only from CBSA staff. It is important to remember that our support for this bill does not mean we are in any way criticizing CBSA officers. No large organization has a monopoly on problems, nor is any organization immune to them.

The main objective is to give CBSA a chance to develop a good system for analyzing complaints so it can put best practices in place and, if necessary, be able to dismiss people who do not apply best practices when complaints are considered valid.

We hope the committee that studies Bill C-3 will hear from many experts, especially immigration lawyers and representatives of the union representing CBSA employees. This will ensure that the final version of the bill will give CBSA the best possible system for processing complaints and that complaints are then processed in a way that ensures CBSA officers are given clearer guidance.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, there are a lot of wonderful things in Winnipeg. I would invite the member to come to Winnipeg and see for himself.

With respect to his comments, I would not be so hard on Premier Brian Pallister. The province is trying very hard. We are working with his provincial government to deal with some of those outstanding things. This is an example of Progressive Conservatives and the Liberals working together to ensure all communities are safe, not only those in Manitoba but across the country.

In regard to prioritizing the legislation, it bodes well in the sense that it is Bill C-3. After listening to the debate thus far, I can tell there is good support for it. It would be nice, given its history, to pass it relatively quickly and send it to committee. The standing committee would be able to get a better assessment of it and look at possible amendments if necessary. Then we could see the legislation go to the Senate.

It seems to me that there is good, solid support for the legislation. It might need a bit of tweaking, and we will find that out once it gets to the standing committee.

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Mr. Speaker, last year the member's city was one of the worst cities for murders. If I recall, it was a record 44.

The last public safety minister is no longer in the House. My province of Saskatchewan took care of that. The minister representing the riding of Regina—Wascana failed to do what was in his mandate letter in 2015, and that was to bring forward legislation like this. This could have been brought forward in the last Parliament. Now we are in a minority situation. How can Canadians have confidence in a minority situation and in a minister who has a lot on his plate, with illegal firearms and a rise in the number of shootings by gangs, which we have talked about in the House? How can we be confident that Bill C-3 will proceed any further than it did in the last Parliament?

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

Mr. Speaker, I must first compliment the member for Guelph. I respect it immensely when members come across as being very strong nationalists, thinking in terms of the nation first and foremost while having a love for the province they represent and not forgetting about our other provinces.

I appreciated his comments in regard to Manitoba's 150th anniversary of joining Confederation in 1870, much like my other colleagues who are enthusiastically getting behind members of Parliament from Manitoba. We recognize the importance of that event, as I said in a statement earlier today. We should be very proud of all the different regions of this great country.

To get to Bill C-3, I will try to emphasize the numbers. We are talking about oversight for our border control officers, and I want to emphasize how important those civil servants are to our communities. We often talk about the complaints, and there are complaints, as I will say right away. However, the vast majority of the work conducted by these civil servants is overwhelmingly positive. They do fantastic service to our country with the fine work that they do. I want to extend my compliments to them, and I know members of this House would echo those comments in regard to the outstanding work that they do day in and day out, seven days a week and 24 hours a day.

Let us think in terms of the number of transactions that take place, or of face-to-face encounters. This is what really took me aback when I was doing a bit of research on the issue. Think of 2018-2019 alone; CBSA employees interacted with over 96 million travellers, conducted four million traveller examinations and processed over 19 million commercial shipments and 54 million courier shipments.

Those are incredible numbers. Earlier today, we voted on the free trade agreement between Canada, the United States and Mexico. In speaking to that legislation, we heard that in trade alone, we see $2 billion a day across that land border. I expect some of that is flown in and possibly even arrives by ship, but I repeat that it is over $2 billion a day in trade.

We have huge expectations for our border control officers. We expect them to be consistent and fair and to provide equal treatment. I suspect that it can be a challenge at times to provide that service, yet over 99% of the time, that is the type of service that they are providing. We need to feel comfortable about that organization, and confident in it.

The legislation before us was introduced by the Minister of Public Safety, and I compliment him and his department for the fine work they have done in ensuring that there was consultation over the last number of years. It is only because we had such a busy legislative agenda dealing with public safety in the previous run between 2015 and 2019 that this legislation unfortunately did not make it completely across the finish line. We are reintroducing it now, and it is a priority for this government. The Minister of Public Safety has done a fantastic job in pulling it together and making sure that we could deal with it it early in the current parliamentary session.

I have listened to a few members across the way who have already spoken on it. It is encouraging to hear that all members, or at least all parties of this House, have recognized the value of ultimately seeing this bill passed.

I understand that some members would like to review it at the committee stage, and I anticipate we will see some amendments. If our record has demonstrated anything over the last number of years, it is that our government, even in a majority situation, is very sympathetic to good amendments. In a minority situation, members can anticipate that we will continue to support good ideas that make legislation better for Canadians. I look forward to seeing the bill go to committee, given the type of support we have already seen at second reading.

Oversight is important. If we were to say there is public oversight for the RCMP, CSIS and our correctional services officers, most people would assume that we already have it for our border control agents. However, that is not the case. In essence, this legislation is meant to provide oversight for our Canada border control officers. As opposed to our creating something independent, this oversight body would also be able to deal with RCMP complaints. It has a name. It will be addressed as the public complaints and review commission, and it will deal with both RCMP and CBSA concerns or complaints that come forward.

As I referenced in one of my questions, by having oversight we are ensuring there is a higher level of accountability and transparency. In doing so, we are building public confidence in the system, and if not directly, then indirectly.

If we were to talk with stakeholders or individual Canadians, we would likely hear stories. We have already heard some of those stories in this debate. When we were debating Bill C-98, stories were brought forward as well, one about a border officer who had an issue and dealt with it in an inappropriate fashion.

We know that unfortunately things of that nature will occur. Members of the public need to feel that there is a sense of justice so that when they do occur, there is a place they can go to lodge a complaint. That is really what Bill C-3 would do. I see that as a win in many different ways. I suspect that if we were to talk to the civil servants who work for CBSA, they too would recognize the true value of oversight.

Our borders need to be safe. They need to be secure and open and provide for the efficient flow of travel and trade. As I referenced in my question to the member for Guelph, we have border officers not only along the Canada-U.S. border but also at the international airport in Winnipeg, and it is not alone. I believe we have 12, 13 or possibly 14 international airports in Canada. These points of entry and departure must have border officers in order to allow for the efficient flow of travellers and trade.

I am glad to see that we will finally have an oversight committee to build upon that confidence. I suspect and hope that members will see the benefits of moving the bill to committee, where we can give it a final review to see if there are ways to improve it.