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.

The Public Complaints and Review Commission Act

[Kelly Block, Conservative, Carlton Trail—Eagle Creek, SK]

Mr. Speaker, I am absolutely pleased to have the opportunity to rise today to speak to Bill C-20, an act establishing the public complaints and review commission and amending certain acts and statutory amendments. This legislation would rename the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police to the public complaints and review commission.

Under its name, the commission would be responsible for reviewing civilian complaints against the Canada Border Services Agency; codified timelines for the RCMP and CBSA responses to PCRC interim reports; reviews and recommendations; information sharing between the RCMP, CBSA and the PCRC; mandatory annual reporting by the RCMP and CBSA on actions taken in response to PCRC recommendations; mandatory reporting of disaggregated race-based data by the PCRC; public education; and a statutory framework to govern CBSA responses to serious incidents.

On the surface, it may appear we are discussing the specifics of some new entity the government is creating to expand the bureaucracy. I would not blame anyone for assuming that, given it is often how the bloated Liberal government responds. However, the sentiment behind this bill is a good and responsible one.

While Conservatives may still have some concerns with this bill, I believe our amendments made at committee did improve it. This legislation seeks to increase people's confidence in the justice system and hold to account those who ensure our safety and who secure our borders. Anyone put in a position of authority can either use it appropriately or inappropriately, including public servants entrusted with protecting Canadians. They are responsible for properly exercising their duties and must be held accountable for their actions.

This includes employees at the Canada Border Services Agency, an agency entrusted with supporting national security, public safety priorities and dictating who and what enters or leaves our country. CBSA is the only public safety agency without an independent oversight body for public complaints. This has been deeply concerning for all those who cross our borders and interact with border officials, including CBSA employees themselves, which is why Bill C-20 seeks to correct this.

Frankly, this piece of legislation is long overdue, as we have heard. The Liberal government introduced this bill in the 42nd Parliament as Bill C-98 and in the 43rd Parliament as Bill C-3. However, it was never given priority in Parliament by the Liberals. I would be remiss not to mention it was a promise in their 2015 platform. This speaks to either their disingenuousness or their incompetency when it comes to addressing important issues and following through on their commitments. It is also very telling of the NDP-Liberal government's priorities when it puts off initiatives that would protect Canadians in order to focus all its energy on finding new ways to spend taxpayers' money.

While I will be voting for this legislation, I still have some concerns about it. The first is that Bill C-20, in its current form, does not reflect many of the recommendations offered to improve it. This bill was studied at committee to provide stakeholders with the opportunity to raise their concerns and flag various problems with it to members of Parliament and even make recommendations, not so that Liberal MPs could have an audience to watch them give the impression they cared. When indigenous chiefs and the National Police Federation, on behalf of the RCMP, suggested changes be made, Liberals voted against Conservative amendments that reflected the experts' recommendations.

Another concern that remains unaddressed is the lack of independence. The current complaint process results with most complaints about the RCMP being referred to the RCMP. Given the Liberals' record, they clearly do not understand the need for independence, and so I will explain it for their sake.

The reason the police cannot investigate the police is pretty much the same reason that a prime minister should not investigate himself or herself. An independent body is necessary to ensure professionalism and impartiality and build public trust. If the investigator has no vested interest in an investigation, their only allegiance is to the truth, thus ensuring Canadians can trust the process. The PCRC not only ought to, but needs to, be able to conduct its own investigations using its own investigators, which must be reflected in Bill C-20.

Even if self-conducted investigations were always completely honest, there is still the problem of perception. If people are afraid to file complaints or believe that, in doing so, they do not have any hope of their complaints' being dealt with, the issues that should be raised will not be addressed. I cannot think of anyone who would file a complaint to the person whom the complaint is about, for obvious reasons. To build trust, investigations must not only be internally transparent, fair and independent, but they must also appear so externally. A fully independent commission is not only good for those filing complaints, but for all Canadians, including the RCMP themselves.

The Liberal-NDP government's soft-on-crime policy has led to skyrocketing rates of violent crime and auto theft. Many Canadians, especially those in rural Canada and remote areas like my riding of Carlton Trail—Eagle Creek, look to the RCMP for protection of their persons and their property. The Liberal-NDP government's policies are creating chaos, making the RCMP's job more difficult.

The RCMP is essential to keeping our country and its people safe and to maintaining law and order. To do this, RCMP officers need to be on the front lines, doing the important work that they were trained to do. The bureaucratic paperwork that comes with dealing with complaints is taking up our valued officers' time. The RCMP officers cannot protect Canadians if they are stuck behind a desk in a cubicle somewhere. Clearly, supporting a commission independent of the RCMP not only ensures fairness, but efficiency as well. The intent of this bill is to lighten the bureaucratic burden of the RCMP and ensure justice and transparency. However, the execution is not the best. It can be better, and that is where the heart of this debate lies.

The Liberal-NDP coalition refuses to take constructive criticism. Conservatives embrace legislation that makes positive changes for the good of the country. We listened to stakeholders and worked with other parties when they put forward good suggestions. We introduced amendments. Obviously, we were not going to agree on everything, but our goal should be, and indeed it is our duty as parliamentarians, to ensure the safety and security of Canadians. These are all important issues and I am sure that the members of the costly coalition would say that they agree that the safety and security of Canadians is the most important. However, actions speak louder than words. By doing nothing for nine years after promising to put the bill in place in 2015, refusing to improve the bill by listening to stakeholders and addressing their concerns and now rushing this legislation through because of their own incompetence, the Liberals show how unserious they are and Canadians will not be fooled.

Conservatives are committed to continuing to work on these important issues. The question truly is, are the Liberals committed? If they are, can they organize themselves enough to put aside their other pointless endeavours and fix their flawed legislation so that it can be passed, once and for all?

Public Complaints and Review Commission Act

[Eric Melillo, Conservative, Kenora, ON]

Mr. Speaker, it is a pleasure to rise again today and speak, this time to Bill C-20, the public complaints and review commission act. It is an honour to rise on this important piece of legislation. It would establish the complaints and review commission, and it would be amending certain acts and statutory instruments as well.

I was a member of the Standing Committee on Public Safety and National Security for a brief period during clause-by-clause of this bill, so there were many important amendments put forward by all parties to help ensure that we get this bill right. That is the role of committee, and it should be the role of all parliamentarians to get those things right at committee. I appreciate, though we had some hiccups along the way as we always do, the general collaboration to get that completed.

On that note of getting the bill right, it is important that we have a fulsome debate because the bill would help foster public confidence and trust in our federal law enforcement agencies, namely the RCMP and CBSA. Public trust and confidence in all of our institutions is paramount to democracy, but particularly to institutions focused on public safety and national security. It is of the highest importance to ensure that trust is there.

A related issue we are dealing with presently in this chamber is that Conservatives are asking the government to release the names of MPs who are reported to have engaged with hostile foreign nations. However, just this morning, at the public safety and national security committee, the Parliamentary Secretary to the Minister of Public Safety told us, “Boo hoo, get over it.” Comments like this do the opposite of ensuring that there is trust in public institutions, when legitimate concerns are brought forward on something as serious as foreign interference and the involvement of members of this chamber, and the government says to get over it, to look the other way and that there is nothing to see.

Coming back to Bill C-20, I will note that the bill does not really seem terribly important to the government, despite its claims that it needs to be passed. This is the third attempt the government has made to pass the bill, as has been mentioned by members. It was Bill C-98 in the 42nd Parliament, and it died on the order of paper. In the 43rd Parliament it was Bill C-3, but it died when the Prime Minister called an unnecessary early election for his political gain in the middle of a pandemic. Of course, he called that election despite having voted a couple of months before the election to do just that, and I will come back to that a bit later. Clearly, the government says it cares, and its track record says otherwise. The bill has not been a priority for the government to move through.

I want to take a bit of time to talk about what the bill would actually do. It would rename the Civilian Review and Complaints Commission for the RCMP to the public complaints and review commission, under its new name. The Commission would also be responsible for reviewing civilian complaints against the Canada Border Services Agency, the CBSA.

The bill would also codify timelines for RCMP and CBSA responses to interim reports, reviews and recommendations of the complaints commission. There would be information sharing between the RCMP, the CBSA and the commission. The bill would also require mandatory annual reporting by the RCMP and CBSA on actions taken in response to the commission's recommendations, and it would require mandatory reporting of race-based data by the commission. Lastly, the bill would create a statutory framework to govern CBSA responses to serious incidents.

While there would be many positive changes made, there are still a number of concerns that have been raised. First, one of the concerns is that there was a lack of consultation, something that seems to be a recurring theme, unfortunately, for the government. I spoke about this just yesterday in the chamber in regard to Bill C-61.

The government continues to say that it is consulting with first nations and indigenous peoples across the country and that it has a broad-based bill that is supported and co-developed. However, at the same time, we continue to hear concerns raised by first nation leaders impacted by the bill that their voices have not been heard and that they do not want it move forward as quickly as it has been until they have their say and amendments are brought forward. We need to hear from experts on every piece of legislation.

In the case of Bill C-20, various stakeholders, including indigenous chiefs and the National Police Federation, which represents the RCMP, flagged a number of problems with the bill. Most importantly, they felt the current framework, which relies on the RCMP to investigate itself, is insufficient and does not inspire public trust in the process. One particular concern is having police investigate police. The National Police Federation told the committee:

First, the PCRC should end the practice of the police investigating the police. Under the current CRCC model, members of the RCMP are tasked with investigating most of the public complaints filed. It has been noted many times that our members handle these investigations of their colleagues in a professional and impartial manner. However, this does create a perception of bias and possible conflict of interest.

Grand Chief Abram Benedict of the Mohawk Council of Akwesasne, whom I am looking forward to visiting this weekend with the member for Stormont—Dundas—South Glengarry, also expressed concerns about this. He noted that his community makes up 70% of the traffic at a port of entry nearby. He told the committee:

If a traveller complains about a border officer, the likelihood of them having an interaction with that officer again is very minimal, but in my community, it's very high. If somebody complains about an officer's conduct or about the service they received, the likelihood of them encountering that officer again is very high. There's no other border crossing in Canada that would be like that.

Having said that, doing this outside of the agency is definitely helpful in ensuring that it's a fair and independent process and a process where the person who is complaining—and I would argue the officers themselves—can be assured that it's more of an objective process than an internal process.

Bill C-20 would not fully address the issue, as the new complaints commission would still rely on RCMP and CBSA resources, meaning that it would not be truly independent. Conservatives tried to move various amendments at committee stage to increase the independence, but it was clear that there was no will from the other parties.

I want to come back to the issue that I alluded to earlier in my comments, not just about Bill C-20 but also, more broadly, about the government's approach on many bills and topics that it claims to be a priority, though their actions say otherwise. One that is interconnected in some ways to this one is with first nations and Inuit policing. The government has promised for years that first nations and Inuit police services would be designated as essential and would be allocated the proper resources.

The former minister of public safety, who, we know, was rightly turfed from his position, said in 2022 that the legislation would be right around the corner and that he was working around the clock. We have seen nothing but delays and excuses since. To this point, the current public safety minister says many of the very same things, but Conservatives will believe it when we see it.

I hope that the government takes the issues in Bill C-20 on indigenous policing, the issues in Bill C-61 and many other issues seriously, and that we are able to get the important work done.

[Tom Kmiec, Conservative, Calgary Shepard, AB]

Mr. Speaker, I am glad I caught your eye so that I could join the debate during this evening's sitting and contribute my thoughts on Bill C-20.

I have been reviewing some of the committee records, as well as some of the prior debate on what members have said about the bill. I just want to kind of run down what this bill is about, so that people back home in my riding of Calgary Shepard will know about it.

In my riding, I have a few former members of the RCMP. Some of them are long-time members. One member served almost 30 years. After 30 years of service to the RCMP, a person's body is not what it used to be, so they have to step back. One of our members who used to serve here, the former member for Yellowhead, Jim Eglinski, who then became the mayor of the county of Yellowhead, was also a long-time member of the RCMP. Famously, he had made quite a famous arrest on Vancouver Island of a man who had tried to assassinate an Indian cabinet minister on the island. I will always remember that Wednesday in the House when he first rose from our side to ask the question, because he actually had been the arresting officer in that particular situation. It was in the news because this particular individual, after he had served his time in jail and after he had gone through an Indian government program, had been allowed to travel again to India, but he happened to be travelling with an official Government of Canada party. It was just a memorable situation.

It was easy to tell that Jim had served in the RCMP for a long time, even while he was a member of Parliament here. He would tell us stories as well, including the time he had been in a mine collapse, and yet somehow managed to survive and make his way out.

Some of these men and women in uniform do some pretty extraordinary things. I remember when I was working in one of the provincial government departments. The chain of command went up to the minister's office. We would go back and forth over some of these odd situations that fish and wildlife officers would find themselves in, where they were assisting RCMP officers out on very remote provincial highways and doing things like busting kidnapping attempts. They were doing drug busts with RCMP officers, because at times they would find themselves without the proper equipment out in the field, so they would need the help of fish and wildlife officers. Those were very unusual situations.

I have been going through the summary of the bill and what the bill would do. Very briefly, again, it would establish an independent body that would now be called the public complaints and review commission, as a replacement for the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police. It would authorize the chairperson of the public complaints and review commission to recommend the initiation of disciplinary processes, of the imposition of disciplinary measures, in relation to individuals who have been the subject of complaints. It would amend the Canada Border Services Agency Act to provide for an investigation of serious incidents involving officers and employees of the Canada Border Services Agency. It would also amend the English version of federal statutes, orders and regulations to replace references to “the force” with references to the RCMP. Finally, it would make, at the back end, some amendments to other acts. These are called consequential amendments, to bring everything into line.

At second reading, this bill was read three times in the House before it went to committee. I would say that at committee it received some pretty extensive review. Close to 20 meetings were held in order to review this particular piece of legislation. It came out in the fall, and it kind of lingered there. The government did not move it forward up until report stage on May 3 and then, once again, on June 4. I will note that the government has not seemed to be in an extreme rush, because it was November of 2022 when it went to committee. It got out in the fall and then it was only on May 3, 2024 and June 4, 2024, that it came back to this House for further debate, and get it off to that other place.

I am sure when the House leaders are meeting that the government House leader plans things. There is a Yiddish proverb that says that man plans and God laughs. In a lot of ways, two years for this type of legislation to come to the House to be considered is a very long time. It has probably defeated all of the plans that the government made. This was also a previous piece of legislation, Bill C-98 in the 42nd Parliament, as well as Bill C-3 in the 43rd Parliament. As we know, the 43rd Parliament ended in August of 2021. The Prime Minister called a very unnecessary election on the same day that the Taliban took over Kabul and the fall of the democratic government in Afghanistan happened.

I will mention a few of the concerns I noted from committee. A few of the concerns included a lack of consultations. Some of the stakeholder groups mentioned that concern.

There was concern expressed, and other members have expressed concern here, that there will probably be difficulty in obtaining the specialized types of individuals they will want to appoint as Governor in Council appointees for the board for this commission because of the unique set of skills, knowledge and experience that they will need in order to make sure that they can hear the CBSA and RCMP cases. Like I mentioned, I have a few RCMP officers who are now retired from the force or have left the force, including one who worked at the Calgary airport as part of the RCMP team there, and some of the younger officers too.

Policing is a difficult job and I have a great appreciation for all those who pursue it, including my former executive assistant. She joined the Ottawa Police Service as a uniformed officer just a few months ago. She will be completing her time with the Ontario Police College later in August, will be graduating from the college there and will be back here in OPS as a uniformed police officer. I always joke that she is the first person in my office in nine years to get a real job after politics. I see a few members chuckling on that side. I think too many members here have staff who linger on or get a desk job. She is actually going to be doing something productive, and I am really happy that she found a thing that she is going to love doing. Hopefully, the rest of her life she will have a long, successful career and I wish Cheyenne all the best of luck with that.

The third concern that was expressed was the lack of independence for access to information requests. There are a few portions in there that would allow the commission to rule certain things as ineligible for an access to information request. Again, there is a lack of a mandated review period. Those statutory reviews, as we know, do not always happen on time, but even when they are missing from legislation, legislation can then linger on without having parliamentarians take a closer look at it. I do not think it is the end of the world.

I hope the House will indulge me for a moment. I do have a member of my riding, a very special person who is retiring. Christine McIver is a truly special Albertan and a friend of mine. She is the retiring founder of the Kids Cancer Camps of Alberta. This was her passion project for decades. I did not know her son Derek, but heard so many stories about him. He passed away from cancer. He was the inspiration for the work that she was doing. Just like Christine, I am a parent who sat in many NICUs and many ICUs with some of my kids, including the one who passed away, so I share that with her. Again, I imagine her sitting in a pediatric ICU waiting to be told that the neurosurgeon had removed a mandarin-sized orange from her son's brain. He had medulloblastoma, a hyper-aggressive brain cancer. Derek would pass away in her arms on April 26, 1991, so it has been a long time. From her grief, she started to raise funds. She built a camp and a network, and she has created over, if I count in my head quickly, 20 camp programs single-handedly, which now she has passed on to others to continue her work.

Famously, a lot of the fundraising started with giving toques with a logo of a bear that had a crooked smile on its face. It is neat because Derek, post-surgery, had a crooked smile, resulting from having so much brain matter removed, so they put the little bear picture on toques that were very popular and many of us still have them. A concept of a Derek bear was born. Christine became “Crazy Bear”, as she would say, because she was so passionate about this project. She received a lot of medals, awards and achievements over time. I just wanted to tell Christine, Crazy Bear, to rest assured that her mission is accomplished. I wish a very happy retirement to her.

With that, I go back to my Yiddish proverb: Man plans, God laughs. One never knows what life will put before us. Bill C-20 has taken a long time to get here and there have been three different pieces of legislation. I look forward to questions from the other side.

Report Stage

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

Madam Speaker, it is an honour to speak to this bill in Parliament. Third time lucky, maybe.

Now it is called Bill C-20. It was Bill C-98, when it was brought to the House in May of 2019. Then it was dropped because of the writ in September. Then the Liberals brought it back again as Bill C-3. It was brought back in January of 2020, and then it died in August when the Liberals prorogued Parliament.

Here we are, maybe third time lucky, for Bill C-20. We will see what happens here. It is an act establishing the public complaints and review commission, something that I think is actually deeply needed in this country. I am going to talk about that in a moment.

The legislation, right now, would rename the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police to the public complaints and review commission. Under its new name, the commission would also be responsible for reviewing civilian complaints against the Canada Border Services Agency.

This bill follows through on a Liberal election promise. I remember running in 2015 for the first time, and that was one of the bills the Liberals talked about. Then, as I mentioned, in 2015, the Liberals got elected with a majority. Finally, they brought this bill out four years after that. Now we are at another four to five years, and maybe we will get Bill C-20 passed in the House.

I am going to talk about it a little, because there is no question a civilian review commission would improve the oversight and help the CBSA be an even more effective agency in its duties and its functions. The public complaints and review commission should end the practice of police investigating police. There is nothing good that comes out of that. There will be a lot of questions, as we have seen over the years.

We want to implement a fully independent model, and I think this is where we are going with Bill C-20. We all know that over the past number of years, we have seen an increase in interest in police activities all through social media. The latest is people with cellphones. I have seen it in my city of Saskatoon, people taking a cellphone out, not to record an accident, but to record the police and what they are doing. This is very dangerous. This is an ongoing thing that we have seen in this country, time and time again.

Now, there is a risk of some bias or perceived bias in investigations that have been conducted by police officers from the same organization. As we all know, this can potentially undermine public trust and confidence in the investigation process. The internal investigation process may lack the transparency and public accountability that could lead to skepticism and doubts about the fairness of all these investigations.

We have seen a lot of that, and I am going to talk about it right now. Some of the groups in my province that seems to be under a lot of pressure with the police, whether it is city police or municipal police or even the RCMP, are the indigenous groups. They feel that being independent from the agency would certainly be more helpful. The community would feel more comfortable filing complaints, knowing that an independent body would review and take action, if appropriate. Everyone understands that all complaints should be resolved in a timely manner. It is in the interest of both the complainant and the employee subject of the complaint.

I am going to go back in time to the James Smith Cree Nation mass killer Myles Sanderson. Unfortunately, he was actually released from custody before killing 11 and injuring 17 others, and that was during the 2022 rampage. The investigation into his statutory release made 14 recommendations for the Correctional Service Canada and the Parole Board of Canada.

Sanderson had a massive record of violent assaults over a number of years. The killings have raised questions about why he was released. The police really did not know where he was for months. Ten recommendations were directed at the Parole Board, including reviewing scheduling guidelines to allow members more time to prepare for hearings and for writing decisions thereafter.

The community involvement, I feel, in the James Smith Cree Nation mass killing was excluded from this process, and that is something we need to learn from. The RCMP certainly made some mistakes during the mass killing of 2022. I would say there were several mistakes also made by the James Smith Cree Nation. The communication between the reserve and the RCMP detachment in Melfort was spotty at the best of times. I will compliment the provincial government, as it held an inquiry. A coroner, Clive Weighill, who was the former city police chief of Saskatoon, conducted the inquiry for several weeks in Melfort.

The RCMP, as I said, admitted it made mistakes. It was a very emotional inquiry. It went on for weeks in Melfort. It was closely followed by the whole province. This was an event we hope will never happen again. It gave the chance for family members to finally grieve. As I said, 11 passed away; Myles Sanderson killed 11 and injured 17. During this inquiry, the members of the families needed to talk about what they saw and what their family members went through, which was deeply needed. That is the part in question. When the public complaints and review commission is established, we need to hear from the public.

James Smith Cree Nation is only a few kilometres from the city of Melfort, where all the RCMP of the detachment came from. I remember reading the stories. There was a gentleman stabbed in a vehicle. Some say the police should have known. If they had stopped, maybe they could have saved that person. He died later in a hospital. There was a lot of miscommunication between the RCMP and James Smith Cree Nation.

With Bill C-20, I am hoping we could have these public discussions before an event like this happens rather than having it after. As I said, it was a very emotional event. I received texts from all over the world about it. I remember a banquet I held in Delisle with Billy Smith, who was the notorious, great goaltender of the New York Islanders. He texted me right away when that happened because he was that concerned. Billy is from Regina, by the way, and the home of the RCMP depot is Regina—Lewvan. Billy Smith knew right away this was an issue in our province of Saskatchewan between the RCMP and, in this case, James Smith Cree Nation. He just wanted to reach out to see if everybody was fine.

That was one of many texts I received that week, where people were genuine. They knew the issue in our province between the RCMP and indigenous groups, and unfortunately it took an event like this to get this raised.

As I conclude, I am happy that we are talking about this. The mandatory annual reporting by the RCMP and CBSA on actions taken in response to PCRC recommendations is something we desperately need, as well as the mandatory reporting of race-based data by the PCRC. Public education is first and foremost. We all need to get educated on situations like this. This bill going forward, Bill C-20, would help everyone, not only in my province of Saskatchewan, but also in every district in this country.

[Frank Caputo, Conservative, Kamloops—Thompson—Cariboo, BC]

Madam Speaker, it is always a pleasure to rise on behalf of the people from Kamloops—Thompson—Cariboo. I really appreciate the opportunity to rise in this place. I was telling people recently what an honour it is to be just a kid from North Kamloops rising in the House of Commons as the child of immigrants. I know that some of the Assistant Deputy Speaker's heritage is from Europe, just as mine is. There was a flag-raising just today recognizing my Italian heritage, which I am incredibly proud of. Unfortunately, I was elsewhere this morning dealing with the Auditor General's report, but I do recognize that.

One of the things that I am always mindful of is the people I grew up with, and someone I grew up with is Jackie Fouillard, or Jacqueline. Her mom, Clara Fouillard, passed away recently. I just read about the obituary tonight, so I want to extend my deepest condolences to Jacqueline and her brother Desmond on the passing of Clara. May perpetual light shine upon her.

I also want to recognize the life of Bernard “Bernie” Worsfold. He is the grandfather to my nephew, and he recently passed away after a long battle with Alzheimer's. Obviously, this is very difficult. It is a difficult disease. I was just at the walk for Alzheimer's. My condolences go to Bernie's family. May perpetual light shine upon him.

As to Bill C-20, which is what we are here to discuss, the bill started in the 42nd Parliament, wherein it died, languishing in the Senate. It was again introduced in the last Parliament as Bill C-3. We had a prorogation. There was a prorogation that was obviously before my time, and I know the Liberals have made a lot of noise about the fact that the previous Harper government prorogued.

Interestingly enough, in this case, when it comes to electoral manoeuvres, the Liberals called what I would call a vanity election, though some people called it a pandemic election, hoping for the majority that they so ardently desired. Obviously, that did not work out. Now, unfortunately, we do have the NDP, in its confidence and supply agreement, that has supported them, which brings us here to today in the 44th Parliament, nine years after this promise was made.

Like with so many bills we debate in this House, and it is unfortunate, we deal with things that go wrong. Sometimes we will have motions and those motions will say, “we exhort the government to do this” or “we are establishing a strategy to do this”, and that is something positive, but so often here we are dealing with negative things. This is when things go wrong, and tonight is obviously no exception, because we are dealing with alleged misconduct in some cases, or misconduct that has been proven in other cases. It would be great if we never had to deal with this from our frontline peace officers, but the reality is that we do.

Sometimes, simply put, things go poorly. This leads me to question, obviously, what the standards are that we expect from our professionals. I am speaking, namely, of our frontline police officers and our frontline CBSA officers.

I remember when I was teaching a sentencing course not long ago, before I came to Parliament, that I was always struck, whenever the accused person was a peace officer and they had committed a criminal offence, how different the reaction was from the students. I found that my classes were generally very compassionate when it came to sentencing. They were very measured and typically quite fair in their sentencing proposals. Yet one thing that always struck me, especially when it was a peace officer but sometimes when it was somebody who is in authority or a position of privilege, was that the students would often want to really reflect that when much is given much is expected or, in other words, that there should be harsh penalties, and that is something that I have not forgotten.

When we do have people who are in authority, we have to expect the highest order of ethics from them just as we ought to expect that from people in this House, whether it be how they act in the House, how they act outside the House or what they say within this place.

I would be remiss if I did not recognize that so many of our peace officers do a good job in what they do. My experience is that, generally, people do their jobs; generally, they do it without any sort of prejudice and, at the end of the day, most of them just want to get home. They have families, just like many of us do in this place. So often, as a former trial lawyer, I would see how easy it is to dissect a split-second decision. Therefore, I do not envy the position that peace officers are in, but they do have substantial responsibility and substantial accountability.

With that being said, the CBSA does not yet have an external review commission, which this bill aims to amend. This legislation would rename the Civilian Review and Complaints Commission for the RCMP to the “public complaints and review commission”. This commission would also be responsible for reviewing civilian complaints against the CBSA. As I understand it, this commission would have five members, which would include a chair, a vice-chair and three other members, and my hope is that these would not be just typical patronage appointments. One of my greatest criticisms of the current government has been that so frequently, when it establishes a commission or a board or something like that, the government just gets bigger and bigger. I see that it would have only five members and I really urge the government here to not simply appoint people who have had long-term Liberal memberships and have donated to the Liberal Party, as we have so often seen.

One of the things that I noticed in this bill are the codified timelines for responses. Now, the Jordan decision came out almost a decade ago now, which is hard to believe. That was a case that interpreted the charter right to trial within a reasonable time. Therefore, I am happy to see, if memory serves, that the reasonable time for a complaint made under this proposed piece of legislation would be six months. In my view, that is eminently reasonable, given the circumstances. It would be wonderful if it could be down to one to two months, but that is not always going to be the case.

One other thing that I believe this bill gets right is the informal resolution process. One thing I can recall, as a former lawyer, is that people often are angry. They might be angry with their lawyer or their accountant or, in this case, with the way somebody treated them for a variety of different reasons. We have spoken a lot tonight about racism, in this House. What I have found is that people generally want to be heard. They want their complaint to be heard. They want their feelings to be listened to and to be validated. What I have seen, in my experience anyway, is that a lot of these complaints can be informally resolved. That is why I was happy to see that clause 43 of this legislation has an informal complaint resolution process.

I also see at clause 46 that the commission could take over and prevent any agency or police force from continuing on investigating a complaint, in which case perhaps other people have used a hybrid method. We were talking at SECU today about the proposed commissioner for transparency for foreign interference and the transparency registry and the importance of having independence in that regard. I really do reiterate how important that independence is. It would require that the complaints commission institute an investigation if it is in the public interest to do so. I know that sometimes reasonable people can disagree on what that is, but my hope is that the government would appoint the appropriate people to the commission, who would serve the public well in determining when that public interest is there. We expect a lot from our professionals and as a result we need independence.

[Kristina Michaud, Bloc, Avignon—La Mitis—Matane—Matapédia, QC]

Mr. Speaker, Bill C‑20 is the second bill that I had the chance to work on at the Standing Committee on Public Safety and National Security since I first joined it in 2020. First there was Bill C‑21, which we talked about a lot here, then there was Bill C‑20.

Many people have talked about the timing of the study of this bill. It has been a long process. The bill was introduced in the House on May 19, 2022, more than two years ago. As some colleagues mentioned, before Bill C‑20, there was Bill C‑3 during the 43rd Parliament, and Bill C‑98 during the 42nd Parliament. Both of those bills died on the Order Paper simply because the government chose not to prioritize them.

That is basically what happened with Bill C‑20 as well. It took a very long time to get to second reading in November 2022, six months after the bill was first introduced. The bill was then referred to the Standing Committee on Public Safety and National Security, where, once again, it took a very long time, another six months, before it could be studied. The government obviously bears some responsibility for these long delays, but the Conservatives also played their favourite game in parliamentary committee, specifically slowing down the work under the pretext of having another priority. There are always other priorities.

The study of Bill C‑20 was therefore delayed by many hours. In fact, we lost several meetings over several weeks. The committee was finally able to begin its study before the summer, so members could hear from the minister, public servants and various witnesses. However, right when the committee was about to begin clause-by-clause consideration, it suspended its work for the summer. When the committee returned in the fall, the same thing happened and parliamentary business was delayed for various reasons. It was not until six months later that the bill came back to the House of Commons, which brings us to third reading today.

I am going over these events to show those who might be following our work that the process of studying and amending a bill can be long and sometimes arduous.

That said, the Bloc Québécois still managed to help improve this bill, and that is what I am going to talk about this evening.

It is worth noting that there is still no external review commission to address public complaints against the Canada Border Services Agency. There is one for the RCMP, but not for the CBSA, which is the only federal security organization that does not yet have a review commission associated with it. However, 20 years ago, Justice O'Connor recommended that an independent process be created to handle public complaints against the CBSA. This issue dates back to 2004.

Bill C‑20 finally corrects this situation. Victims of the CBSA, and they do exist, have been waiting for this bill. As with any organization, abuses of power can happen, and some people have indeed been the victims of such abuses. They have been contacting us and asking to meet with us ever since the bill was introduced two years ago. They want to help us improve the bill. For them, the process has been very long, and I salute them today. As my colleague mentioned earlier, it is a little ironic that this evening's debate is subject to time allocation, as if time is suddenly running out. However, I do hope that we will see the process through to a successful conclusion and pass this bill quickly.

As we know, the CBSA has certain powers. These powers are fairly significant, such as the power to detain and search Canadians or deport people. Cases of misconduct have been reported in recent years. One that comes to mind is the case of Maher Arar, a dual Syrian and Canadian citizen who was arrested during a layover in New York City on his way back to Canada. I have talked about him in this place before.

In January 2020, the Privacy Commissioner of Canada found significant flaws concerning searches of travellers' electronic devices. Documents released around 2017 or 2018 mentioned complaints about racist or rude comments about clients or travellers. They also noted allegations of sexual misconduct. I would remind the House that the number of investigations into misconduct by border officers increased during the pandemic even though the number of international trips had decreased. The misconduct primarily involved giving preferential treatment or showing disrespect toward clients by making inappropriate comments about people, as I was saying. Other border services officers abused their authority and shared private information about the CBSA.

It is not just Canadians and travellers from this country who can be victims of the CBSA. Immigrants and refugees can also be targeted. The Canadian Council for Refugees came to committee to share what it would like to see improved in this bill. It should be noted that people who do not have permanent status in Canada are often extremely reluctant to file a complaint because they fear that it will be used against them and might hurt their chances.

When something goes wrong during a person's removal, it can be difficult for the person to lodge a complaint and go through the process, as it can sometimes be complicated given that they are outside the country. That is why the Canadian Council for Refugees told us that it would be good if organizations could bring forward third party complaints on behalf of people who, for various reasons, are unable to do so.

The government had not included this in the bill. That is why the Bloc Québécois tabled several amendments to this effect, which were fortunately adopted. Thanks to these amendments, third parties will be able to reviews of specified activities, file complaints and help citizens file complaints. Thanks to the Bloc Québécois's additions, they will also be notified if there is a refusal to investigate and will be informed of the reasons for decisions. This is a major improvement over the original bill.

It is important to note that many people who are mistreated by the CBSA are unlikely to file a complaint, as I said, sometimes because their status is not secure or because they fear consequences or reprisals. It may also be because of language barriers or problems accessing a computer or the Internet. In short, non-governmental organizations, such as the Canadian Council for Refugees, are well placed to file complaints on behalf of individuals. Some individuals may simply prefer that the organization with which they have established a relationship of trust file the complaint on their behalf.

Also, given that organizations work in this field and obviously see quite a few situations of this nature, they are well placed to identify and act on problematic patterns. If they have several examples of the same situation, a complaint about a pattern of behaviour may be more viable than an individual complaint about one person. This way, they can provide stronger evidence that there is a problem. Thanks to the Bloc Québécois amendment, organizations will be able to act as third parties, which is extremely valuable.

Essentially, the bill creates the public complaints and review commission. It will be made up of civilians who are not former members of the RCMP or the CBSA. It was very important that this be included in the bill. However, there was nothing in the bill to say that the members of this commission should reflect the diversity of society. We therefore tabled an amendment to ensure that would be the case. It was actually a recommendation from the Civilian Review and Complaints Commission for the RCMP, which already exists and has experience in handling complaints. It said that it was important for the people who sit on the commission to reflect the diversity of society. The Bloc Québécois therefore got this amendment adopted.

Other changes were made. The proposed subsection requiring that the commission be satisfied that sufficient resources exist for conducting the review of a complaint has been removed. There were concerns that the underfunding of the organization would be used as an excuse to avoid reviews. Witnesses told the committee that underfunding is common. This clause was like a loophole in the bill that would allow the commission to refuse to deal with complaints. However, we are confident that the government will properly fund its organizations, including this new commission, and that the commission will not be able to hide behind this aspect in order to avoid handling complaints.

We also added the requirement that a copy of communications be sent to the complainant's legal representative, because that was not the case previously. If the victim was the only person who could file a complaint, there would be no legal representative involved. That part was therefore added, which was a request from the Quebec Immigration Lawyers Association.

Some aspects pertaining to the refusal to investigate were changed thanks to amendments proposed by the Bloc Québécois. We proposed allowing the commission some room to manoeuvre. Now it may refuse to deal with a complaint, instead of being forced to refuse to deal with it, if other recourse is available to the complainant. These are small adjustments, small additions, that may make a big difference for victims of the CBSA.

We hope that these people's voices will be heard, that their complaints will be addressed in the most neutral and objective way possible and that they will get justice. Obviously, we hope that this bill is passed quickly.

[Rhéal Fortin, Bloc, Rivière-du-Nord, QC]

Mr. Speaker, the Bloc Québécois obviously supports Bill C‑20, but we have to wonder. Neither of the two former bills C‑3 or C‑98 were prioritized by the government, so they died on the Order Paper.

The next election campaign is fast approaching. Next winter will be the last before the next election. Can my colleague assure us that, this time, her government will make this bill a priority and modernize the way that the CBSA and the RCMP process complaints?

Furthermore, we cannot overlook the need to review the funding of these organizations. There is no time to address existing complaints because the number of complaints is growing, in part due to high immigration levels. Will the government provide the funding needed to process these complaints in a timely manner?

[Alex Ruff, Conservative, Bruce—Grey—Owen Sound, ON]

Mr. Speaker, I was cut off during my last speech on Bill C-20, which was my first time debating the bill. It now, unfortunately, has been time allocated. I am a big believer that all members of Parliament should at least have the opportunity to debate one stage of a bill, as it goes through the parliamentary process, to represent our constituents and express any concerns or support for said bill.

As was pointed out in the time allocation motion debate a little while ago, this is, unfortunately, the third attempt to pass this bill. It was Bill C-98 in the 42nd Parliament, which died on the Order Paper when that Parliament ceased to exist. In the 43rd Parliament, it was Bill C-3, but it died when the Prime Minister called the unnecessary election, which he called despite having voted a couple of months before the election against doing that.

Ultimately, Bill C-20 has been kicking around for almost two years now. It came out of committee last fall and was only brought forward here last month. My last comment in the first two minutes of my speech was that I was looking forward to finishing this speech when it became a priority for the government again. Lo and behold, it only took it a month this time to make it a priority and now the government has decided to time allocate it.

What is this bill about? There are two fundamental things. It is renaming the existing review body, which already exists for the RCMP, but now it would be expanded to cover the Canada Border Services Agency, too. This is important because currently the CBSA is the only public safety agency in Canada without an independent oversight body for public complaints. Establishing this independent review body would foster and enhance public trust and confidence in Canada's law enforcement and border services institutions, something we can agree is desperately needed. It is just disappointing that it has taken this long.

The first of the concerns I heard, and I know this was brought up when it was being studied at committee, was a lack of consultation. There is also the concern over the qualifications or experience required for these Governor in Council appointed commissions, which is an oversight. The third concern is the potential lack of independence for access to the information, and the final concern I have heard is with the lack of a mandated review period. I am only going to have time to address part of this in my remaining few minutes. I really want to focus on the lack of consultation because it is clear that these crucial conversations did not take place.

Various stakeholders, including indigenous chiefs and the National Police Federation, which represents the RCMP, flagged various problems with the bill. Most importantly, they felt the current framework, which relies on the RCMP to investigate itself, is insufficient and does not inspire public trust in the process. Bill C-20 does not fully address this as the new complaints commission would still rely heavily on RCMP resources, meaning that it would not be truly independent. Conservatives tried to move various amendments to increase the independence at the committee stage, but it was clear that there was no will from the other parties.

Another issue, raised by the CBSA union, was the need for remuneration for back pay for officers who had been suspended when an investigation ultimately deems them innocent. This is a major oversight in the bill, which common-sense Conservatives advocated for. Particularly in the midst of this cost of living crisis created by the Prime Minister, it seems especially cruel to punish these officers. As one stakeholder said, “When the allegations are not founded and it's found that there was no wrongdoing, we're told to file a grievance to recuperate the lost salary. It's devastating to people. You're right—I really don't know anyone who could go a year with no pay.” Once again, it is sad that it was not the will of the public safety committee to adopt this common-sense amendment.

I want to draw a bit of a parallel to something that was tabled last November by the NSICOP committee on a study of the mandate of the RCMP for federal policing. There are two recommendations I would like to share. The first recommendation states:

The Minister of Public Safety provide clear and regular direction to the RCMP to strengthen Federal Policing, including in areas of governance; financial controls; human resources, recruiting and training; and information management. In each of these areas, this direction should include the Minister’s expectations, clear interim and final objectives, and clear performance measures.

The second recommendation is that “The Government recognize that Federal Policing resources are insufficient to fulfil its various mandates and put in place measures to ensure Federal resources are appropriated fully to Federal priorities.” The reason I am bringing up those two recommendations from that report is that it is crystal clear from reading that report, which is completely unredacted, with the exception of two sentences in the whole report, that it talks about the strain and pressure that the RCMP is already under to fulfill its federal mandate, yet here we have another example of additional resources still being pulled, though for an important reason, from within the RCMP and not outside it.

The last thing I want to bring up is that the CBSA, which, if I heard the news correctly today, is potentially only a couple of days away from taking strike action, needs this additional support and oversight, because it would help protect not only those workers, but the whole mandate of what the CBSA is there to do, which is to ultimately protect Canadians. We need that, because our CBSA officers are phenomenal. They help keep us safe and keep our borders safe. We have heard from umpteen debates in this House, when it comes to justice issues, about the lack of support that the CBSA has and the lack of necessary resources coming from the government to deal with so many crimes, such as the illegal trafficking of firearms across our border.

In conclusion, I really want to highlight that this is an important bill. It is a bill that I intend to support. However, it is frustrating and disappointing that it took the government this long to make it a priority for debate in this House.

[Kristina Michaud, Bloc, Avignon—La Mitis—Matane—Matapédia, QC]

Thank you, Mr. Chair.

Thank you for being here, Mr. Minister. It's always a pleasure to have you at committee. I would also like to thank your colleagues for being here.

I feel Bill C‑20 is sort of a third shot for your government. You introduced Bill C‑98 in the 42nd Parliament and Bill C‑3 in the 43rd Parliament. Those two bills died on the order paper simply because your government didn't make them a priority.

Nearly 20 years ago, in 2004, Justice O'Connor also recommended that an independent process be established to manage public complaints against the Canada Border Services Agency.

In January 2020, the Privacy Commissioner of Canada noted significant gaps in searches of travellers' electronic devices and also demonstrated the importance of independently reviewed complaints.

Given all this evidence of the need for an independent commission, why didn't your government make this a priority before now?

Public Complaints and Review Commission Act

[Dave Epp, Conservative, Chatham-Kent—Leamington, ON]

Mr. Speaker, it is always an honour and privilege to bring the voice of Chatham-Kent—Leamington to this place, and today it is to put some comments on the record regarding Bill C-20, an act establishing the public complaints and review commission and amending certain acts and statutory instruments.

Before I get into the content of the bill, I want to begin by thanking the women and men who wear the uniform to keep Canadians safe.

Canadians expect accountability. They expect law and order, and they expect strong oversight mechanisms to ensure that there is no abuse of power. We recognize that our RCMP and CBSA agents put themselves in the possibility of harm's way every time they put on the uniform.

Canada and the U.S. share the world's longest, undefended border, and we as Canadians share this border with a country that owns more firearms than they have citizens. This is part of a different culture and a different history, and that is not the subject of today's debate.

The point I am making is that the CBSA has received much attention recently, and we look to them for their role in preventing gun violence, particularly in our cities. We ask that they address the issue of criminals smuggling illegal guns into this country, and we know that this activity is often also tied up with drug smuggling and trafficking. We ask that these people, along with law enforcement, put themselves in harm's way to keep us safe, and for that I want to thank them.

Let us look at the content of the bill.

The legislation would rename the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police, or RCMP, to the public complaints and review commission, which I will refer to as the PCRC. Under its new name, the commission would also be responsible for reviewing civilian complaints against the CBSA. The bill's goal is to ensure that all of Canada's law enforcement agencies have an oversight body.

What I really do like about the bill is that it would codify timelines for the RCMP and CBSA responses to the PCRC. We have all heard of complaints that went into the civilian body, but then there was no response back. The reports, reviews, recommendations, and the information sharing between the RCMP and the PCRC, and the CBSA and the PCRC would be mandated and codified. The bill also stipulates annual reporting by the RCMP and CBSA on actions taken in response. This would be a further mechanism to ensure action follows complaints. As well, the bill would mandate reporting of disaggregated race-based data, provides for public education and provides for a statutory framework to govern the CBSA responses to serious incidents.

By way of some further background, the bill was introduced in the 43rd Parliament as Bill C-3. However, it did not pass second reading. It was introduced very late in the session and died on the Order Paper when that unnecessary election was called. In the 42nd Parliament, it was known as Bill C-98, but it died awaiting a vote in the Senate.

I want to put on the record that Conservatives have supported this legislation at each stage. I also want to note that this legislation appears to be straightforward and meets its objectives, but the newly created PCRC can only recommend disciplinary action and cannot enforce it. There will still need to be a further step as this process unfolds.

Conservatives believe in upholding the dignity of our borders and ensuring that our Canadian Border Services Agency is properly resourced, both in manpower and equipment. The civilian review commission should improve oversight and help the CBSA be an even more effective agency in its duties and functions, similar to the function of the renamed Civilian Review and Complaints Commission for the RCMP.

As I stated earlier, Canadians expect effective oversight of federal law enforcement agencies, but what is disappointing is the length of time it has taken to get this done. The Liberals promised oversight in the 2015 election, then squandered two Parliaments in fulfilling their promise. Now, one month before Parliament breaks, the House is supposed to hurry up and pass this legislation. We are supportive, as we have been in the past, but we will review it, and we will do our job in this place. We have always stood for the security of Canadians and will continue to do so.

I live in Leamington, only 45 minutes away from the Windsor-Detroit border. I have crossed that border to the U.S. numerous times. By and large, I have had many good experiences and professional interactions with CBSA staff as I returned to Canada either from travelling to the U.S. or abroad, or just from an evening or afternoon in Detroit.

However, several years ago, while my four daughters were still quite young, my wife did not have such a pleasant experience. It was some time ago, in 2003 during the SARS outbreak, so there are similarities to today's times. My brother-in-law, a Canadian, was working in St. Louis at the time and flew to Detroit to come back to Canada to renew his status paperwork.

While my wife answered the questions asked by the CBSA agent, the agent assumed some information regarding my brother-in-law’s citizenship that he had not confirmed through questioning. Frustrated once he learned of his error, he swore at my young children, and literally threw the paperwork of six people into the van. I was not there; I was tied up elsewhere, so my wife took my four young daughters, a credit to her, into the U.S. to pick Darrell up. This agent now demanded that the paperwork be returned in a different order.

If the PCRC would have been in existence then, it would have heard from us, and this officer’s conduct would have been reported. This is a relatively minor incident in the scheme of things that could have happened, but there is a role for this oversight agency.

This situation occurred 19 years ago, so some time has gone by, but I know that it has been seven years since an idea for this oversight body was introduced in this place. The government campaigned on that promise. Let us hope it will not take 19 years to get this promise to Canadians completed.

Yesterday, in the House, we debated Bill S-4, a bill that enjoyed support at second reading on all sides of the aisle. Bill S-4 was Bill C-23 in the last Parliament, which also did not see the light of day in this chamber, but I digress. It seems that good bills do not receive good priority for this file in this place, but we will leave that for another day.

Bill S-4 asks to improve the efficiency of our court system through bringing in the use of video and other changes to address the huge backlog of cases. This backlog, of course, was exacerbated by the pandemic. We have all heard the expression “justice delayed is justice denied”, and the Jordan decision by the Supreme Court has codified this expression.

My purpose is not to redebate yesterday’s work in this chamber. Bill S-4 is off to committee, and hopefully it will be improved through amendments. Then hopefully it will be quickly returned to this place for third reading. My point in raising Bill S-4 is that during debate, several statistics were tabled during the interventions and I found them troubling.

There has been a 32% increase in violent crime since 2015. There were 124,000 more violent crimes last year than in 2015. There were 788 homicides in Canada last year. There were 611 in 2015, a 29% increase.

As we have heard before, there has been a 92% increase in gang-related homicides since 2015 and a 61% increase in reported sexual assaults since 2015. Police-reported hate crimes have increased 72% over the last two years, and 31,000 Canadians lost their lives to overdose between 2016 and 2022. There have been 7,169 deaths from opioid overdose in Canada in 2021 alone, and 21 people are dying per day from overdoses. Before the pandemic, it was 11.

Thus far, this is the record of the government when it comes to keeping Canadians safe over the past seven years. At their core, Bill S-4 and Bill C-20 are pieces of legislation that take us in the right direction. This cannot happen soon enough. I hope they now receive the priority they deserve.

[George Chahal, Liberal, Calgary Skyview, AB]

Mr. Speaker, I rise today aware that we stand on the traditional unceded territory of the Algonquin Anishinabe nation.

Today we are discussing Bill C-20, which would enact a new stand-alone statute. The public complaints and review commission act would provide an external review regime for both the Royal Canadian Mounted Police and the Canada Border Services Agency.

The bill responds to a long-standing need to establish an independent review body for the CBSA and improve RCMP review, which builds on previous proposals, such as Bill C-98 from 2019 and Bill C-3 from 2020.

Additionally, this bill advances the Minister of Public Safety's mandate letter with commitments to create a review body for the CBSA and codify defined timelines for RCMP and CBSA responses to complaints and recommendations; combat systematic racism and discrimination in the criminal justice system; and continue advancing efforts toward a path of reconciliation with first nations, Inuit and Métis peoples.

Currently, the RCMP has a civilian accountability body in the existing Civilian Review and Complaints Commission. This bill, through the establishment of a public complaints and review commission, would build upon the existing CRCC and provide additional accountability and transparency tools to deal with complaints concerning the RCMP and CBSA.

Bill C-20 includes timelines that codify when a response is required to an interim report related to complaints, reviews or recommendations from the PCRC. Through the PCRC, codified timelines would provide six months for RCMP and CBSA responses to interim reports for complaints, and 60 days for specified activity reviews and recommendations. Not only would the RCMP and the CBSA have to report to the commissioner of the PCRC within these timelines, but the bill would also obligate the RCMP commissioner and the CBSA president to submit an annual report to the Minister of Public Safety on how they have responded to PCRC recommendations.

Combatting systemic racism continues to be a priority for this government and will be reflected through PCRC initiatives. The PCRC will collect race-based data to increase knowledge about systemic racism in law enforcement in order to provide informed responses and recommendations. As with the collection of race-based data, the public information mandate will be especially important in increasing awareness of the PCRC's mandate among indigenous, Black and racialized communities. As a former city councillor and city of Calgary police commissioner and chair of the public safety task force in the city of Calgary, I know how important this data is to support local decision-making within and across our country.

Overall, the PCRC would look to support previously established timeliness goals. Over the last year, the RCMP has improved the timelines within which it responds to the CRCC. We want to ensure these efforts are maintained. To ensure this improvement continues, the PCRC would be able to conduct specified activity reviews for the CBSA and the RCMP of any non-national security activities, either on the PCRC's own initiative or at the request of the minister.

The bill includes provisions for the PCRC to conduct complaint-related investigations. The PCRC would receive complaints from the public about RCMP and CBSA conduct or levels of service. It would also conduct reviews when complainants are not satisfied with the RCMP's or CBSA's handling of their complaints.

For the CBSA specifically, this would include non-national-security activities conducted by agents at the border, and in land, while administering duties under more than 90 acts, regulations and agreements on behalf of other federal departments and agencies, provinces and the territories. The PCRC would report findings and recommendations to the RCMP, the CBSA and the minister.

The bill would provide a statutory framework, through the CBSA Act, to govern the CBSA's responses to serious incidents, which are currently governed by internal policy. More precisely, the bill would establish an obligation for the CBSA to conduct internal investigations into alleged serious incidents, which include notifying police of jurisdiction and the PCRC, when such incidents occur, and the creation of reports for serious incidents.

The bill before us is a high priority for this government. We remain determined to strengthen transparency and accountability. The bill we are discussing today encompasses all that we have learned throughout this process, by responding to the overdue issues while reinforcing established priorities.

This bill would address previously discussed difficulties, such as the need to respond to recommendations in a timely manner, and importantly, this bill partly responds to the evidence of systemic racism in the law enforcement system and the urgent need to find solutions to support and protect marginalized communities in Canada. The government has responded to those issues with a stand-alone bill that highlights the importance of civilian review of law enforcement.

I urge hon. members to join me in supporting this proposed legislation.

[Darrell Samson, Liberal, Sackville—Preston—Chezzetcook, NS]

Mr. Speaker, I thank my colleague for his work on the committee, which is very important.

In 2019, we brought the first bill forward, and then again in 2020. That was Bill C-3, and it did not get through the process. The intent of the government and this side of the House is to get this done. We are counting on the opposition to support us as we move forward. This is a very important bill, which would bring in an independent body to feed us some information, as well as bring more oversight and transparency to the process.

[Darrell Samson, Liberal, Parliamentary Secretary to the Minister of Veterans Affairs and Associate Minister of National Defence]

Mr. Speaker, I am thankful for the opportunity to debate Bill C-20 and will resume from where I left off.

Bill C-20 would respond to the long-standing need to establish an independent review of the CBSA and improve review of the RCMP. This bill would build on the previous proposals to create a review body for the RCMP and CBSA. For example, Bill C-98 and Bill C-3 from 2020, were introduced but never completed the legislative process.

Bill C-20 would also respond to the recent federal court decision that the RCMP must provide a response to the CRCC interim report within six months. I would like to highlight that this bill would also advance the Minister of Public Safety's mandate letter commitments to create a review body of the CBSA; to set timelines for the RCMP's and the CBSA's responses to complaints and recommendations; to ensure continued compliance with accountability and review bodies; to combat systemic racism and discrimination in the criminal justice system; to continue advancing efforts toward a path of reconciliation with first nation, Inuit and Métis peoples; and to ensure that the RCMP and CBSA continue working to transform and to create a culture of accountability, equity, diversity and inclusion.

This bill would add to existing CRCC powers by providing enhanced accountability and transparency tools, including the stand-alone statute, which reinforces its independence from the RCMP and CBSA.

Set timelines for the RCMP and CBSA responses to the PCRC interim report mean that responses would be expected within six months of any complaints. Specified activity reviews and recommendation responses would be expected within 60 days.

Bill C-20 would include important provisions related to the collection and publication of race-based data by the PCRC, with RCMP and CBSA, to increase knowledge about systemic racism in law enforcement and inform responses.

The mandated public complaints and review commission's public education and information program would increase public knowledge and awareness of the commission's mandate and of complainants' rights to redress. This bill would provide for offences and punishments for obstruction and non-compliance with the PCRC.

Individuals detained by the CBSA must be informed of their avenue to make a complaint. This bill would also provide the PCRC with additional authorities to recommend that the RCMP and CBSA deputy heads initiate disciplinary-related processes or impose a disciplinary measure under certain circumstances. The deputy heads would be required to advise the minister and the PCRC chairperson whether discipline was initiated or imposed.

The new PCRC would also be able to conduct a joint investigation, review or hearing of complaints with appropriate authorities of any other jurisdiction when needed. The PCRC would refer national security matters to the National Security and Intelligence Review Agency and co-operate with the agency to avoid duplication of work.

The public complaints and review commission would be responsible for conducting specified activity reviews of any non-national security activities of the CBSA, either on the PCRC's own initiative or at the request of the minister.

The bill would create a statutory framework in the Canada Border Services Agency Act to govern the CBSA's responses to serious incidents, which are now governed by internal policy. There would be an opportunity for the CBSA to conduct internal investigations into alleged serious incidents. There would also be a requirement for the CBSA to notify the police of jurisdiction and the PCRC when such incidents occur.

There would be a requirement by the Canada Border Services Agency to provide the PCRC with reports or other information of serious incidents. The authority would also exist for the PCRC to send an observer to verify the impartiality of the CBSA's serious incident investigations. Finally, there would be a requirement for the PCRC to report on the number, types and outcomes of serious incidents as part of an annual reporting system.

I will speak briefly about the mechanics of the PCRC as well. The PCRC would be headed by a chairperson and up to four additional members, including a vice-chairman appointed by the Governor in Council. The bill would provide Governor in Council regulation-making powers for information sharing and related procedures.

We all rely on the CBSA and the RCMP. We interact with the CBSA and the RCMP and they safeguard our security goods, but we need to have assurances about efficient, fair and equal treatment.

Bill C-20 would be a major step forward for Canada with an enhanced review body and assurance of consistent, fair and equal treatment when Canadians interact with the Canada Border Services Agency or the RCMP. I urge hon. members to join me in supporting the important bill in front of us, Bill C-20.

[Doug Shipley, Conservative, Barrie—Springwater—Oro-Medonte, ON]

Madam Speaker, I will be splitting my time with the member for South Surrey—White Rock this evening.

It is an honour to rise in Parliament today to speak on behalf of the residents of Barrie—Springwater—Oro-Medonte.

I am pleased that the government has finally brought up Bill C-20 for debate. The bill seeks to create the independent public complaints review commission to review complaints against RCMP and CBSA employees. This proposed commission aims to replace the current review body for the RCMP and create, for the first time, an independent review body and forum for complaints about the conduct of CBSA employees.

The brave men and women who wear the RCMP and CBSA uniforms are tasked with protecting our borders, our national security and our safety. The immense responsibility that comes with this line of work requires oversight. The creation of a coherent, independent oversight body for the RCMP and the CBSA is certainly necessary. Hopefully, this is something that all Canadians can agree on.

While Conservatives are supportive of the intent of this legislation, I cannot help but be concerned that the bill will suffer the same fate that previous iterations of it have in the past. Both Bill C-98 in the 42nd Parliament and Bill C-3 in the 43rd Parliament died on the Order Paper despite Conservatives supporting both bills in an efficient manner.

This government claims that the creation of oversight bodies for all federal law enforcement agencies has been a priority since 2015. If that is the case, then why has this legislation, which would accomplish that goal, died on the Order Paper, not once, but twice.

Another concern of mine with the bill is the apparent lack of consultation with stakeholders. When Bill C-98 was introduced in 2019, and when Bill C-3 was introduced in 2020, many stakeholders, especially the union that represents CBSA officers, spoke out about the fact that they were not consulted in the drafting stages of this legislation. Once again, we are hearing from indigenous communities that they were not consulted in the drafting process, and the government has made no assurances that there will be indigenous representation and leadership positions on the review commission.

Before discussing the specific merits of the bill, I want to acknowledge and thank all the public safety professionals who work tirelessly to protect our national security and ensure the safety of all Canadians.

My colleagues and I on the Standing Committee on Public Safety and National Security have heard repeatedly that our border agents are strained due to a lack of funding and resources, and that both the RCMP and CBSA face critical labour shortages. We saw evidence of that in the past year with travel delays affecting individuals across the country. Just recently, the union representing CBSA employees said that it needs between 1,000 and 3,000 new hires to process travellers entering the country efficiently.

Another example of the impact of labour resource shortages at the CBSA comes from testimony that my colleagues and I heard at the Standing Committee on Public Safety and National Security. Mark Weber, the national president of the Customs and Immigration Union, told us that, as of 2019, only one-millionth of rail cargo was effectively being examined by the CBSA. According to him, due to this lack of capacity, there is almost a zero per cent chance that any illegal weapons that enter the country by rail will ever be found. With a 92% increase in gang-related homicides since 2015, it is clear that resources must be turned towards stopping the illegal guns that are smuggled across our border from the United States.

Conservatives believe that to protect our borders and national security, the CBSA needs appropriate resources in both manpower and equipment for officers to do their job effectively. We must listen to the needs of our frontline public safety professionals and ensure they have all the resources they need to protect Canadians.

I also want to draw attention to the mental health issue that our frontline public safety professionals are facing on a daily basis.

A few weeks ago, I met with representatives from the Canadian Institute for Public Safety Research and Treatment, which does outstanding work to promote the mental health of public safety professionals, including CBSA and RCMP officers. They made it clear that the toll of the work these individuals do places an unprecedented strain on their mental health, and supporting their mental health is critically important. According to them, nearly half of public safety professionals experience symptoms consistent with one or more mental disorders, and one in 10 will attempt to die by suicide. Investments in the mental health of our public safety professionals and ensuring that the departments they work for are being properly resourced would be a welcomed step towards public confidence in our institutions.

There are aspects of this legislation that my Conservative colleagues and I support fully. We believe that an independent review commission would improve oversight and help both CBSA and RCMP officers be more effective in their roles as stewards of public safety.

In 2021, the Standing Committee for Public Safety and National Security, which colleagues past and present have done excellent work on, released a report entitled “Systemic Racism in Policing in Canada”. One of our recommendations from that study was to make drastic changes to the public complaints system for the RCMP. I am pleased to see that recommendation addressed in this bill. However, during the previously mentioned study, committee members heard repeatedly that the RCMP commissioner failed to respond to reports from the RCMP’s current Civilian Review and Complaints Commission and complaints themselves faced massive delays.

Just recently, in 2021, a British Colombian civil liberties group sued RCMP Commissioner Brenda Lucki, arguing, as reported, that “the time it takes her to respond to public complaints is undermining police accountability.”

Conservatives are committed to finding solutions to these accountability and oversight issues, which are clearly prevalent. The government must take steps to ensure that complaints are addressed expeditiously. As I mentioned previously, public safety professionals are often faced with psychological stress due to their working conditions. For example, CBSA employees must routinely search vehicles, persons and belongings to ensure the safety of our borders and prevent criminal activity such as drug smuggling and trafficking. These officers should have clear guidelines on what is expected of them, so they may feel confident carrying out the duties of their positions without fear of reprisal. While these changes appear to be promising, I would like to ensure that the commissions complaints process is fair and balanced.

As I mentioned, this system should be efficient, but this system should also be cautious and thoughtful when dealing with complaints and when recommending disciplinary actions. Bill C-20 would require the public complaints and review commission to submit an annual report to the Minister of Public Safety, with a summary of all complaints and anonymized data about complainants.

Bill C-20 also aims to raise public awareness about the complaint process through education and information campaigns. Easily available and clear information about the public complaints and review commission would ensure that complainants are not bogged down by endless bureaucracy when trying to put forth a complaint. I agree that these measures would ensure greater transparency and confidence in our law enforcement agencies.

While I applaud the steps that the CBSA and RCMP have already taken to address and prevent discrimination, such as anti-racism and anti-bias training, some measures in this bill, such as the collection of disaggregated data, are a promising step towards addressing disproportionate outcomes in Canada’s law enforcement and criminal justice system. However, to reiterate, I am concerned about the government’s lack of consultation with indigenous communities while drafting this legislation. The government should always consult with stakeholders who will be affected by its legislation while it is being drafted rather than placing the onus on committees to do that work for them after it has been tabled.

Finally, I would like to ensure that this review commission is free from political interference. Time and time again, RCMP Commissioner Brenda Lucki has been subject of political controversy and accused of political interference, most recently with the enactment of the Emergencies Act and the investigation of the Nova Scotia mass shooting.

Conservatives see clearly that there is a pattern with the government’s tendency to interfere in RCMP investigations. We must ensure that we take steps to restrain the ministers’ authority over this commission and that it remains wholly independent. Canadians could not trust the government to stay away from court proceedings and RCMP investigations in the past. How do we know they will stay away from this commission?

Our frontline public safety professionals do outstanding work and often put themselves in danger on the job. I want to thank them once again for keeping the public safe, day in and day out. Canadians are right to expect an oversight body for federal law enforcement agencies that is efficient, effective and rigorous. Conservatives are certainly supportive of this principle.

My Conservative colleagues and I are cautiously optimistic about this legislation. I look forward to studying it in committee with my colleagues across all parties.

[Andréanne Larouche, Bloc, Shefford, QC]

Mr. Speaker, today I rise to speak to Bill C-20, an act establishing the Public Complaints and Review Commission and amending certain acts and statutory instruments.

I would like to begin by saying that the Bloc Québécois supports this bill at second reading. This bill would give citizens recourse against the Canada Border Services Agency, or CBSA, which can, on occasion, abuse its authority.

There is currently an independent oversight mechanism in place, but its mandate covers only matters of national security, so it needs to be expanded. Citizens who wish to file a complaint must do so directly to the CBSA, but the information is not public and, because the mechanism is internal, it is not totally neutral and objective.

As a result, there is no external review body to deal with public complaints against the CBSA, and that is what this bill seeks to correct. The Bloc Québécois supports Bill C‑20 at second reading because we believe that an independent complaint process is both necessary and good for the public. As my colleague from Rivière-des-Mille-Îles said, it was in 2004, 18 years ago, that Justice O'Connor recommended that an independent process be put in place to handle public complaints against the CBSA.

For example, in early January 2020, the Privacy Commissioner of Canada found significant flaws concerning searches of travellers' electronic devices, which demonstrated the importance of having an independent body to review complaints. The bill must be referred to a committee quickly so that it can be studied and the concerns of different groups, including unions, can be heard. I will come back to this later to explain what this will change, and I will speak about the perspective of unions and victims.

First, this bill seeks to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act to change the complaints process for citizens and provide the opportunity for travellers to file complaints against CBSA officers.

This bill is similar to Bill C‑3, which was introduced in the 43rd Parliament, and Bill C‑98, which was introduced in the 42nd Parliament. Both died on the Order Paper for the sole reason that they were never a priority for the government. All parties supported Bill C-98, but we never voted on Bill C‑3. We are wondering if this bill will now be a priority.

Bill C‑20 contains a number of things. It replaces the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police with a new body called the public complaints and review commission, or PCRC. This new body will be mandated to review and investigate complaints concerning the conduct and level of service of RCMP and Canada Border Services Agency, or CBSA, personnel. It will also conduct reviews of specified activities of the RCMP and the CBSA.

The bill authorizes the chairperson of the PCRC to recommend the initiation of disciplinary processes or the imposition of disciplinary measures in relation to individuals who have been the subject of complaints. It amends the Canada Border Services Agency Act to provide for the investigation of serious incidents involving officers and employees of the CBSA.

The most important point of this bill is that it enables this new body to review the CBSA's activities and to investigate public complaints involving both officers and employees. Under Bill C-20, the public complaints and review commission can receive complaints from the public about the RCMP or the CBSA, but the complaints will generally be sent directly to the RCMP and the CBSA first for an initial investigation. If the complainant is not satisfied with the investigation of the RCMP or the CBSA, then they can ask the PCRC to look into it. Basically, here is what that means.

In such a case, the PCRC could present its findings and make recommendations. The RCMP or the CBSA would have to respond in writing to the PCRC reports by the deadlines set out in the acts and regulations. An external mechanism will therefore be put in place.

What is more, complaints related to the Canadian Human Rights Commission, the Office of the Commissioner of Official Languages or the Office of the Privacy Commissioner of Canada will not be dealt with by the PCRC. However, the PCRC will forward any such complaints to the appropriate organizations.

The PCRC will be made up of civilians who are not former members of the RCMP or the CBSA. This is an independent external process. Another thing about this bill is that the response timelines for the RCMP will be codified, because many felt that the RCMP responded too slowly to the reports of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police, or CRCC. The bill will therefore replace the CRCC with the PCRC and a deadline will be imposed.

The bill also requires the commissioner of the RCMP and the president of the CBSA to submit an annual report to the Minister of Public Safety outlining what the organizations have done during the year to address the PCRC's recommendations. The minister will be required to share the report with the House of Commons and the Senate within 15 days.

There will also be a more targeted collection of information to determine whether racism against certain groups is an issue. It will be documented. The bill also calls for a public education and information campaign to inform travellers of their rights.

The PCRC will be responsible for tracking serious incidents—such as a death, serious injury or violation of laws—and making them public. It may send an observer to ensure that CBSA and RCMP investigations are conducted impartially. The PCRC may review, on its own initiative or at the request of the Minister of Public Safety, any RCMP and CBSA activity that is not related to national security. The reports would include findings or recommendations on RCMP and CBSA compliance with legislation and directives, and the adequacy, appropriateness, sufficiency or clarity of RCMP and CBSA policies, procedures and guidelines.

One difference from Bill C-3, which was a similar bill introduced in the 43rd Parliament, is that the PCRC will be established by a specific piece of legislation, whereas in the previous version, it was established by amendments to existing laws.

The PCRC will not be able to compel the CBSA and the RCMP to take disciplinary action, but both agencies will be required to report to the minister to justify their response to the recommendations, and these reports will be made public 15 days after the minister receives them.

The bill aims to create an independent process for reviewing complaints and the work of the Canada Border Services Agency. This new entity, the public complaints and review commission, will also replace the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police. This new commission, the PCRC, will deal with both the RCMP and the CBSA.

The new entity created by Bill C-20 will make it possible to file complaints directly with the CBSA and directly with the PCRC, depending on the complainant's preference. The complainant decides. If an individual is not satisfied with the response they get from the CBSA or the RCMP, they can ask the PCRC to review a complaint that has already been filed.

The process is nevertheless long and complicated. There is a good chance that most individuals will give up before the end of the process. For example, if an officer makes a sexist or racist comment towards a traveller, filing a complaint with the CBSA, waiting for a response and then sending the complaint to the PCRC could be more complicated and demanding for most travellers than just ignoring the comment, which is quite sad. The committee will have to examine whether the process proposed by Bill C‑20 is adequate or if it should be revised.

Creating this new external body is necessary, according to Mary Foster, from Solidarity Across Borders. In 2019, she said that “making a complaint to the CBSA about the CBSA doesn't really lead anywhere”. Having the option of challenging the findings of an investigation is therefore essential to maintaining public trust.

All parties supported Bill C‑98 in the 42nd Parliament, but, as I said earlier, a vote was never held on Bill C‑3.

Now we are once again discussing a bill that is good for the public because the existing system does not include an adequate complaint mechanism for people. Civil liberties groups have long called for the creation of an independent complaint-handling body like the one for the police.

For example, under the Access to Information Act, the Canadian Press obtained a list of complaints that travellers submitted directly to the CBSA.

According to the documents, in 2017-18, nearly 900 complaints were filed, about 100 of which were deemed founded, including cases of travellers being on the receiving end of border officers' racist or rude comments. Complaints against the CBSA are currently handled internally, with little transparency. That is the problem Bill C‑20 may fix.

Second, from the union's perspective, the Customs and Immigration Union's national president, Mark Weber, is concerned that Bill C‑20 could put more pressure on the labour-management relationship, which the union says is already strained. We have to keep that in mind.

He says that officers are placed on leave without pay, sometimes for a year or more, pending the outcome of investigations. He also notes that customs officers frequently work overtime and can be exhausted, which does not help. We need to ensure that customs officers have adequate resources, which the Bloc Québécois often asks for, considering the government's lack of interest in our borders. We have been asking for this frequently and for a long time. The Bloc Québécois would like the union to be involved in the process that leads to passing Bill C‑20, particularly in committee.

The staffing shortage at the CBSA is a well-known problem. This is causing delays and tension between officers and travellers. The government will also have to address this problem.

The CBSA has a great deal of power, including the power to detain and search Canadians and to deport people. It is therefore incomprehensible that the CBSA still has no external investigation mechanism.

In its legislative summary, the Library of Parliament cites the case of Maher Arar, a Syrian-Canadian citizen who was arrested during a layover in New York on his way home to Canada.

In 2004, a commission of inquiry into the Arar case led by Justice Dennis O'Connor suggested creating a new civilian agency to oversee the activities of both the RCMP and the CBSA, as I said earlier.

In other words, 18 years later, the CBSA still does not have one. Only the RCMP has this external oversight mechanism. However, the National Security and Intelligence Review Agency is already responsible for overseeing national security activities, and only national security activities.

I want to make it clear that the Bloc Québécois is not putting the blame on CBSA or RCMP officers as a whole, nor is it putting the CBSA on trial. Rather, we feel the government is responsible for the lack of oversight over the CBSA and the lack of transparency, which is inappropriate for such an important agency. We think the Liberals and the Conservatives should be held to account for tolerating all this for so long.

As I said—