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

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

Sponsor

Bill Blair  Liberal

Status

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

Summary

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

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

Elsewhere

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

May 30th, 2023 / 4:35 p.m.
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Bloc

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 ActGovernment Orders

November 25th, 2022 / 12:30 p.m.
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Conservative

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.

Public Complaints and Review Commission ActGovernment Orders

November 25th, 2022 / 12:15 p.m.
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Liberal

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.

Public Complaints and Review Commission ActGovernment Orders

November 25th, 2022 / 10:10 a.m.
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Liberal

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.

Public Complaints and Review Commission ActGovernment Orders

November 25th, 2022 / 10 a.m.
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Sackville—Preston—Chezzetcook Nova Scotia

Liberal

Darrell Samson LiberalParliamentary 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.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:20 p.m.
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Conservative

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.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 4:50 p.m.
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Bloc

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—

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 4:35 p.m.
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Milton Ontario

Liberal

Adam van Koeverden LiberalParliamentary Secretary to the Minister of Health and to the Minister of Sport

Madam Speaker, it is a great privilege for me to rise today in the House to speak to Bill C‑20, a very important bill.

I am glad to be here today, standing on traditional Algonquin territory.

We are debating Bill C-20, which would enact a new stand-alone statute, the public complaints and review commission act, to provide an external review regime for both the Royal Canadian Mounted Police and the Canadian Border Services Agency. When it comes to law enforcement and border protection, nothing is more important to the proper functioning of these systems than trust and accountability. Canadians are watching and indeed the world is watching.

The RCMP and the CBSA provide world-class services to keep Canadians safe, and Canadians rightly expect nothing less than consistent, fair and equal treatment. It is about balance. Public safety is of course paramount, but so too are human rights. To ensure our system remains balanced in this way and to maintain public respect for the rule of law, it is essential we pass Bill C-20 and establish a robust civilian review system.

Under this new PCRC, enhanced reporting requirements would apply, as would an independent review mechanism for the CBSA. By establishing these mechanisms independent from the enabling statutes of the RCMP and CBSA, we are walking the talk. We are demonstrating the importance of the very independence we seek to enshrine in law, distinct from the organizations in question.

I would like to use my time today to delve into some of the details of this bill.

First, Bill C-20 would add specific new accountability and transparency mechanisms. These would entail codified timelines for the RCMP or CBSA to respond to reports, reviews and recommendations from the PCRC. There would also be timelines for information sharing between the RCMP and the CBSA, as well as the PCRC. For example, the RCMP and the CBSA would have six months to respond to an interim report of the PCRC, and when the PCRC has issued a report after having reviewed specified activities of the RCMP and the CBSA, the latter would have 60 days to respond.

Not only must these bodies report back to the chairperson of the PCRC within these codified timelines, but the bill would also obligate the RCMP commissioner and the CBSA president each to submit an annual report to the Minister of Public Safety. These reports would detail the actions the RCMP and the CBSA have taken within the year to respond to PCRC recommendations.

I would be remiss if I did not acknowledge the RCMP for its efforts to improve the timeliness of responses to the CRCC over the past year. The provisions of this bill would ensure this timeliness continues.

Another highly important aspect of Bill C-20 is the provision compelling the PCRC to report on disaggregated race-based data. Canadians have said it loud and clear, and we agree, that eradicating systemic racism in law enforcement is an urgent priority. Collecting, establishing and publishing race-based data on complainants is one of the ways that knowledge gaps around systemic racism would be filled.

In addition, Bill C-20 directs the PCRC to implement public education and information programs to increase knowledge and awareness of the new commission's mandate. With increased public information and engagement through such mechanisms, the bill aims to earn the trust of Black, indigenous and all racialized Canadians. Of course, this all builds on the work done by the Standing Committee on Public Safety and National Security and its report entitled “Systemic Racism in Policing in Canada”. We are following through on that report's recommendation that the government clarify and strengthen the mandate, independence and efficacy of the CRCC.

What this bill also does, on top of improving RCMP review, is to close a long-standing gap regarding review of the CBSA. Currently, public complaints are handled through internal CBSA processes and there are no independent mechanisms available to review public complaints regarding CBSA employee conduct or service.

Make no mistake; this is a very ambitious and truly important bill. However, as we have had multiple opportunities to introduce such legislation, with both Bill C-98 and Bill C-3 dying on the Order Paper in 2019 and 2020 respectively, we have also seized the chance to continue building out this bill.

This work has been accomplished through extensive consultations with stakeholders, the broader public and governance experts like Mel Cappe, and particularly with the CRCC itself. I must single out the CRCC chairperson, Michelaine Lahaie, for her dedication. Many of her thoughtful and thorough recommendations have shaped this bill into a framework for accountability and transparency, and that is why we are here today.

I began my time today by asserting that Canada's new law enforcement and border services organizations are world class, and I stand by that statement. It is exactly why this legislation is so critical. To remain world class and to uphold Canada's hard-won reputation for equity and fairness on the international stage, we must keep up with our international counterparts.

This bill would do exactly that, aligning our border agency review function with that of countries like the United Kingdom, Australia and New Zealand. Internally, Bill C-20 would also align the new PCRC's review functions with other public safety accountability bodies, such as the National Security and Intelligence Committee of Parliamentarians and the newly created National Security and Intelligence Review Agency.

To sum up, Bill C-20 is much needed and long overdue. Without it, the CRCC does not have all the tools it needs to uphold civilian review of the law enforcement system, and the Canadian public does not have the tools it needs to continue trusting, or indeed rebuild trust in many cases, in the services that the system provides. This bill responds to the urgent priorities that date back years and those that have more recently come to the forefront, such as systemic racism.

I know my hon. colleagues share our concern for both public safety and the right of all Canadians to live free from discrimination, and I urge everyone in the House to join me in supporting the expeditious passage of this legislation.

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November 22nd, 2022 / 1:50 p.m.
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Conservative

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

Mr. Speaker, the member opposite mentioned that the legislation had been brought up twice before, and I agree with that. However, 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 about the fact that they were not consulted on draft stages.

Could the member opposite please inform me if there was much more consultation taking place this time? We do support the bill, but we want to ensure all stakeholders were involved, and that it has been done properly?

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 1:35 p.m.
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Conservative

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

Mr. Speaker, I was not around when this was brought up twice in the past. Bill C-98 and Bill C-3 came out in the 42nd Parliament and 43rd Parliament. They did not come through and both died on the Order Paper.

Perhaps the member could share some of her wisdom as to why she feels these bills did not make it through and why here we are again debating pretty similar legislation for the third time.

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November 22nd, 2022 / 1:05 p.m.
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Liberal

Ken Hardie Liberal Fleetwood—Port Kells, BC

Mr. Speaker, off the top I would like to note that I will be happy to share my time with the member for Saanich—Gulf Islands.

I am in my place today, aware that we are standing on traditional Algonquin territory. I am also aware that much has been said on Bill C-20 so far, so what I will have to say will kind of act as a recap of where we are. We are debating this legislation that would enact a new stand-alone statute, the public complaints and review commission act, to provide an external review regime for both the Royal Canadian Mounted Police and the Canada Border Services Agency.

To uphold trust and confidence in our law enforcement and border protection services, Canadians should count on a robust system of accountability. Canadians expect consistent, fair and equal treatment when receiving services from the RCMP and the CBSA. Civilian review is essential for the transparency of that system.

Currently, the RCMP is reviewed by the Civilian Review and Complaints Commission, the CRCC. The House has now heard that the new public complaints and review commission would replace the CRCC, provide enhanced reporting requirements for the RCMP, and establish an independent review mechanism for the CBSA.

I would like to note in particular the impact this bill would have on the Canada Border Services Agency. With some 14,000 dedicated and professional employees, the CBSA is one of the largest organizations within the public safety portfolio. It has a long and rich history of providing border services in an exemplary manner, but inevitably, where there is interaction between the public and border service agencies, disputes will sometimes arise. A transparent means of dealing with such disputes supports respect for the rule of law, but unlike the RCMP, the CBSA does not currently have an ongoing structure for independent review of such situations.

The agency is indeed reviewed by various independent boards, tribunals and courts, but it does not have a review mechanism for specific complaints, including officer conduct and the agency’s level of service. I would remind the House that the CBSA is one of the public safety bodies that many Canadians encounter regularly. I know personally that when I come to the border I always look guilty, no matter what, but I have always been treated with fairness and respect.

Border services officers control the movement of people and goods through Canadian borders. They detain and remove potential threats. They collect duties and taxes. Canadians rely on the border security measures enforced by the CBSA, and at the same time the CBSA is a Canadian public safety institution that non-Canadians encounter, including, for example, the refugees currently seeking asylum in our country. For this reason, a review mechanism must be accessible to all people who deal with CBSA employees. It is key to building public trust in the institution designed to protect our borders.

Under Bill C-20, the public complaints and review commission would have authority to review both the CBSA and the RCMP. Some components of the bill would apply to both institutions. Each year, both would be required to report to the Minister of Public Safety on how they have responded to PCRC recommendations. Both would have codified timelines dictating how soon they would need to respond to those recommendations. The PCRC will disaggregate the data of complaints related to both agencies and report on what it reveals about race-based issues. This will help us, for example, to better understand and address any systemic racism in law enforcement in Canada, at least in this law enforcement system.

Apart from national security issues, which are reviewed through the National Security and Intelligence Review Agency, the PCRC would be responsible for conducting specified reviews of any activities of the RCMP and the CBSA. These reviews could be conducted at the request of the minister or on the PCRC’s own initiative. The PCRC will have the responsibility for receiving complaints concerning CBSA conduct or levels of service, and the authority to launch investigations.

Indeed, under the bill, individuals who are detained by the CBSA would be informed that they have an avenue to make a complaint. If somebody has filed a complaint with the CBSA and is not satisfied with the manner in which the complaint was handled, the complainant may forward the matter to the PCRC for review. The PCRC would also have authority to initiate its own investigation into CBSA conduct when it is in the public interest to do so. The PCRC would report its findings and recommendations to the CBSA and to the minister.

I have been speaking about the authority to review complaints, but there is another level of authority required to govern serious incidents involving the CBSA and its personnel. These would include matters that, for example, may have resulted in serious injury or death, or constituted federal or provincial offences. The CBSA is responsible for conducting its own internal reviews of such matters, but there is currently no statutory obligation for the CBSA to conduct such a review.

Under the bill before us, the CBSA would be obliged to conduct internal investigations into alleged serious incidents. The CBSA would be required to notify the police of the jurisdiction in which the alleged serious incident took place and to notify the PCRC.

Furthermore, the CBSA would be required to provide the PCRC with reports and other information on serious incidents. The PCRC, for its part, would have the authority to send an observer to verify the impartiality of the CBSA’s internal investigation, and it would be required to report on the number, types and outcomes of serious incidents as part of its annual reporting. I am sure hon. members would agree that this would provide a much-needed degree of transparency to the handling of serious incidents.

Finally, I would remind the House of the special nature of CBSA review, in that it would seek to provide the consistent, fair and equal treatment that Canadians expect in a manner that would also include people who do not reside in Canada. The Canadian Human Rights Commission, for example, can receive complaints only from individuals lawfully in Canada. The PCRC, on the other hand, would be in a position to accept complaints from foreign nationals that involve allegations of discrimination by the CBSA.

These are important matters in creating the kind of robust accountability mechanisms that are essential for public trust in our border services and law enforcement institutions. The time is well overdue for the CBSA to join its partner organizations in having such a mechanism. Indeed, this is the third time in recent years that the government has endeavoured to reform the system. We attempted it in 2019 with Bill C-98 and again in 2020 with Bill C-3.

This bill is a key part of the government’s agenda, and I urge my hon. colleagues to join me in supporting its quick passage.

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November 22nd, 2022 / 12:25 p.m.
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NDP

Jenny Kwan NDP Vancouver East, BC

Mr. Speaker, I am glad to rise once again to enter this debate about bringing in independent oversight for the CBSA and more enhanced oversight for the RCMP. This is the third time I have risen in the House to speak to this bill. In fact, back in 2019, when the government tabled it, lo and behold it was tabled literally on the eve of an election. Without any doubt, the bill died on the Order Paper because the election was called a couple of days after that.

Despite the Liberals promising that they would bring this in, once again, just before the 2021 election, the government tabled the same bill under a different number: Bill C-3. Then the Prime Minister saw fit to call an election that nobody wanted and the bill died yet again. Now here we are and it is the third time around. Maybe the third time is lucky and Bill C-20 will get through the system, and we will finally see independent oversight for the CBSA and enhanced measures for the RCMP. This is so important and so significant. Why? People's lives hinge upon it.

We have just heard from my colleague, who spoke about the importance of this for indigenous people. The member for Winnipeg Centre highlighted the systemic racism that exists within the RCMP, the unbelievable measures and the extent to which they brought a heavy hand to addressing indigenous protests. It was shocking to see the images in British Columbia of what was being done at that time and how indigenous people were dealt with, all because they wanted to exercise their right to protect their land.

In “Behind the Thin Blue Line”, an APTN investigation, APTN provided this:

“You do one more thing and I’ll dose you, bitch,” a Mountie allegedly told independent media producer Kristy Grear, according to court files. “There was no name tag or badge number displayed on the officer’s uniform,” the documents claim. “However I did observe a so-called ‘thin-blue line’ patch on the officer’s uniform.”

This is how the Mounties of the Community-Industry Response Group (C-IRG), a secretive industry defence arm of the B.C. RCMP arrive to dismantle blockades: armed with guns and mace, name tags ripped off, faces hidden, thin blue line patches emblazoned on their chests.

Police arrive with howling dogs, helicopters, drones, chainsaws, axes, an excavator, jackhammers, angle grinders and fancier gadgets like thermal imaging cameras.

This is what is happening and it is shocking. It should be shocking to every single member of the House and to Canadians. How could it be that such measures are taken unchecked? However, that is the reality and that is why we need this bill.

More to the point, we need amendments to this bill to ensure there is indigenous representation. I do not know how that is possible, since the government had two bills before this one and had so much time to get it right. Despite the government's claim and the Prime Minister's claim that they are committed to reconciliation, it is the third time around with the bill, and the government still did not have the wherewithal to get it right to ensure that indigenous people have representation on this critical question of oversight. Why is that? Is it just incompetence, or is it willful blindness to the systemic racism that exists in the system?

I want to take a moment to turn to the CBSA, as I am the NDP critic for immigration, refugees and citizenship. The CBSA has unchecked powers to deport people, detain people and arrest people. Refugees and people without status have zero power whatsoever.

When refugees are subjected to abuse, what can they do? Can they file a complaint? I doubt they could file a complaint against the very people who are going after them. Even if they did, the process takes so long that they would be deported. They would be out of the country before they could even see the result of their complaint. It is a joke to say to the people, “Here is the process you could follow.” In reality, it does not materialize.

To boot, successive Canadian governments have allowed this practice to continue, that is, putting refugees in detention and in jails. The government is actively engaging with the provincial government on contracts so they can throw refugees in detention and put them in jail. This is happening in Canada, and it is a gross violation of people's human rights.

The report from Amnesty International and Human Rights Watch has exposed Canada's inhumane practice of jailing thousands of people fleeing persecution, and often in maximum security provincial jails. Let me be very clear: Refugees and migrants are not criminals. Canada is one of the few countries in the global north without a legal limit on detention. In other words, people could be put in there indefinitely. We know there are devastating long-term impacts on those who are incarcerated in immigration detention. Such gross violations of human rights must end now.

The NDP fully supports this bill. We have wanted to see it since the Harper administration. It is the third time the bill has been introduced in the House, and maybe we will finally have independent oversight. Maybe we will finally see the federal government take action and, equally importantly, end the practice of detaining and jailing refugees and migrants. The government has promised this.

It is enough talk. Let us see the action. The government has a responsibility to undertake this work because people's lives hinge on it. CBSA is so aggressive right now in trying to go after people that it even goes to people's schools to arrest them, or tries to get private information from the school system to make arrests. That is what is happening right now, and it has to be stopped. There has to be accountability. We have to address systemic racism. Enough is enough.

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November 22nd, 2022 / 10:35 a.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, it is a great honour to stand today to offer my thoughts, as the NDP public safety critic, on Bill C-20.

Before I get into it, I thank the Minister of Public Safety for bringing this bill forward for debate. A number of weeks ago I was having a conversation with him about some of the public safety bills he had on the Order Paper. I identified to him that this bill in particular was of great importance, because we are now in the third Parliament of trying to deal with this legislation. We know there are great problems with Canada's police forces, and many Canadians feels they do not receive equal treatment from them. I am glad to see that we are finally at the point where we are giving this bill serious consideration.

Before I get going on the substance of Bill C-20, it is also important for me to say how much I value and appreciate the members of the RCMP who police my community and work day and night to keep people safe. In the Cowichan Valley, we are going through an opioid crisis right now. We have a very high death toll. I know that when overdoses happen, the RCMP are often the first ones on the scene. They work long hours, and I do not think they get enough recognition for the incredibly important role they play.

For those of us who have never been police officers, or who never will be, we will never know what it is like for the families who, at the start of every shift, wonder if their loved ones are going to return home. In my time as the member of Parliament for Cowichan—Malahat—Langford, I have been very privileged to get to know many serving members in the local North Cowichan and West Shore detachments. I formed a good bond with the detachment commander and look forward to strengthening those relationships. I promise that I will, as a legislator, do everything I can to support their role in keeping our communities safe.

The same goes for members of the Canada Border Services Agency. These men and women are our country's first line of defence at our ports of entry. They are diligently on the lookout each and every day for smuggling networks of firearms and drugs. They are carefully reviewing every visitor to our country and are making sure that we are not admitting criminals or those who may have committed war crimes.

That being said, it is impossible for us, as parliamentarians, to ignore the serious calls for reform of the RCMP and the CBSA. Some of those calls are coming from within the force, but a lot of those are from the outside. I will start with the CBSA.

The Canada Border Services Agency is the only major federal law enforcement agency without external oversight. The officers in that agency have a broad range of authority. They can stop travellers for questioning. They can take breath and blood samples. They have the ability to search, detain and arrest non-citizens without a warrant. They can interrogate Canadians. They also have the authority to issue and carry out deportations on foreign nationals.

These authorities have been carried out in an environment where charter protections are reduced in the name of national security. Despite all of these sweeping powers, this agency has existed until now without any independent or external civilian oversight for any complaints or allegations of misconduct.

I have a lot of respect for the men and women who wear the CBSA uniform. They are doing a very tough job. However, when you look at the force as a whole, the fact that there have been at least 16 deaths in CBSA custody since the year 2000 underlines the importance of having transparency added to how the agency functions, and of having external oversight so that Canadians could continue their trust in how it functions.

With the RCMP, we need to have a little history lesson. It was once known as the North West Mounted Police. It was the agent for enforcing Canada's racist policies against indigenous peoples. These policies called for the assimilation, relocation or elimination of indigenous peoples so that their lands could be made available for settlement and economic development.

There are two federal statutes that were primary tools in the RCMP's tool kit. There was the Indian Act, of course, which was the primary driver of assimilation, but also our Criminal Code was used to penalize indigenous people for their cultural practices. It also sought to eliminate the indigenous identity they expressed.

In modern times we have seen, certainly in my province of British Columbia, troubling interactions between the RCMP and indigenous protesters, most notably in Wet'suwet'en territory in the beginning of 2020. The British Columbia RCMP has a unit called the community-industry response group, and many of its interactions have raised some questions. It has been alleged to have made use of exclusion zones, psychological manipulation, siege tactics and arbitrary detention, theft of property, pain compliance and withholding the necessities of life.

Fairy Creek, in my riding, is one of the last untouched old growth watersheds in southern British Columbia, with some truly magnificent trees. It is on the traditional and unceded territory of the Pacheedaht First Nation. Last year, in the summer of 2021, a rumour that the area was going to be logged sparked massive protests in the region. With some of the tactics the RCMP used, such as exclusion zones to keep the media from interfering with its operation, the B.C. Supreme Court had to step in and rule that the exclusion zones and checkpoints were unlawful. Again, this is an example of the RCMP's not complying with existing law and making it up as it goes.

The complicating factor in Fairy Creek was the fact that the Pacheedaht First Nation was trying its best to cool down the temperature, so to speak. It simply wanted the time and the space to be able to figure out how it was going to manage its own lands. I do not think either side of that protest really fully respected its wishes, and that was the sad legacy of all that.

The other thing is that under the current Royal Canadian Mounted Police Act, we have the Civilian Review and Complaints Commission, but it has been plagued by extremely slow timelines. One example I remember reading about in the news is from back in 2014, when the B.C. Civil Liberties Association made a complaint with the CRCC. It alleged that the RCMP had carried out an illegal spying campaign against law-abiding protesters who were opposed to Enbridge's proposed northern gateway pipeline project. The CRCC probed the question and handed the Mounties an interim report in 2017, so it took three years for that interim report. The force still had not responded to that report three and a half years later, preventing the CRCC from releasing its findings publicly.

There are those kinds of timelines and the fact that the civilian agency, the CRCC, has routinely taken the RCMP to task for not properly following through on sexual assault investigations despite the RCMP's promises to do better. In fact, the CRCC has issued 43 adverse findings. These are conclusions that were unfavourable to the RCMP in cases involving sexual assault investigations since 2019, so that is over the last three years. An analysis of these reports has shown that too many RCMP officers fail to take sexual assault allegations seriously and struggle with matters of consent. Again, these problems are well documented, and they exist. We cannot hide from them. It is time for us to confront them openly, honestly and with a great deal of transparency.

I mentioned at the beginning of my speech that many of the criticisms are coming from outside these forces, but there are also major criticisms that need to be addressed from inside the force. Colleagues in this House may recall the name of Janet Merlo. Janet Merlo had worked as an RCMP officer in British Columbia for nearly 20 years when her doctor advised her to go on medical leave back in 2010 because of the constant bullying and harassment she had faced when working as a member of that force.

She and her co-plaintiff, Linda Davidson, took the RCMP to court. They ultimately earned an apology and received a settlement of $125 million for more than 2,300 women who had faced discrimination. It is not just people on the outside who are facing discrimination in their interactions with the RCMP. These were members in good standing, whose biggest goal in life was to be a positive contributor to the image of the RCMP, but who instead had to endure an unimaginable hell during their time within the force.

I will read from Human Rights Watch, which stated:

When they experience abuse at the hands of the police or when the police fail to provide adequate protection, women and girls have limited recourse. They can lodge a complaint with the Commission for Public Complaints against the RCMP, but the process is time consuming and the investigation of the complaint will likely fall to the RCMP itself or an external police force. Fear of retaliation from police runs high in the north, and the apparent lack of genuine accountability for police abuse adds to long-standing tensions between the police and indigenous communities.

That in itself underlines the seriousness of the issue and why it is so very important that this time, with Bill C-20, we make a determined effort to push it over the finish line so it becomes part of the statutes of Canada.

I do not think that today's discussion on Bill C-20 can happen unless we make an important reference to the report entitled “Systemic Racism in Policing in Canada”, which was tabled earlier this year by the Standing Committee on Public Safety and National Security. This was a report that was done in the last Parliament, but we ran out of runway in order to get a government response. I got unanimous consent from the committee in this Parliament to retable the report so we could get a government response.

I will read from the beginning of the report, which states:

Given the pervasive nature of systemic racism in policing in Canada, the House of Commons Standing Committee on Public Safety and National Security...has concluded that a transformative national effort is required to ensure that all Indigenous, Black and other racialized people in Canada are not subject to the discrimination and injustice that is inherent in the system as it exists today.

It goes on to say:

The Committee was told that accountability, oversight and transparency are critical to restore trust with Indigenous and racialized communities subject to systemic racism. Witnesses also emphasized the need for the collection of disaggregated race-based data to provide Canadians with an accurate picture of the impact of police practices and policies on Indigenous and racialized people.

From that report there were some amazing recommendations, but I will focus on the first four or five, because I think they are most pertinent to the bill before us today.

The first recommendation that came out of that report was that it called upon the Government of Canada to clarify and strengthen the mandate, independence and efficacy of the Civilian Review and Complaints Commission through a number of ways. The report recommended that there be a substantial increase in its annual funding to ensure it had adequate resources; that we create statutory timelines for responses by the RCMP commissioner to the reports; that there be a requirement that the commissioner of the RCMP report annually to the Minister of Public Safety to describe the steps taken to implement CRCC recommendations and that the report be tabled in Parliament; and that the CRCC be required to publish its findings and recommendations in respect of all the complaints it receives in a manner that protects the identities of the complainants.

The second recommendation called on the government to increase the accessibility and transparency of that same CRCC, so that the process for initiating a complaint is easier to navigate; ensure that the independent review process is explained in a detailed and accessible format, again making sure the people who are most impacted by this have as easy a time as possible in making their complaint; and make sure that the progression of a review and the reports involved in it are transparent and publicly available.

The third recommendation is particularly important, because it is calling for “meaningful and engaged Indigenous participation and holds the RCMP accountable for wrongful, negligent, reckless, or discriminatory behaviour”. This would require the government to “consult with local Indigenous groups where complaints or systemic reviews involve Indigenous complainants; include Indigenous investigators and decision makers [within the commission]; and ensure Indigenous investigators are involved where the complaint involves Indigenous people.”

I had a chance, when the minister gave his opening speech on the bill, to ask him about that, because currently the bill would allow for the government to have some discretion on who is appointed to the body. I asked the minister if he would be open to codifying the fact that we need to have indigenous participation. The media got a hold of my interactions with the minister, and the CBC took the time to reach out to Grand Chief Stewart Phillip, who is president of the Union of B.C. Indian Chiefs.

I will read a quote from him. He said, “All legislation must engage Indigenous input not after the fact but during the drafting of the legislation itself, and it's absolutely essential that any oversight bodies of policing agencies include an Indigenous presence.” That is from Grand Chief Stewart Phillip. I have to say that I think that kind of quote is very helpful, and I hope he will be of service when the bill comes before the committee.

The report flows on to recommendation 4, about making sure the appointment of Indigenous, Black and other racialized people is a part of that commission and that they also take leadership positions within the organization.

I have also borrowed heavily from Professor Kent Roach. He is a professor of law at the University of Toronto. He has often written about problems with the RCMP and the way we need to reform it. He too has publicly called for a reform of the existing CRCC to make sure it can investigate complaints and conduct systemic reviews, but also to create more indigenous police services. That is something we are looking forward to seeing, a legislative framework for indigenous policing in Canada.

There have been a lot of attempts at addressing this issue, and in fact my colleague, the member for Esquimalt—Saanich—Sooke, raised this issue all the way back in 2014, in the 41st Parliament. Several standing committees in both the Senate and the House have addressed this issue over a number of years, and as has been mentioned by previous speakers, we have seen the bill before us in other forms, in Bill C-98 in the 42nd Parliament, Bill C-3 in the last Parliament, and now Bill C-20 in this one. In each of those earlier cases we simply ran out of runway. One of the bills was introduced at the very end of a session, and the other bill, of course, fell victim to an unnecessary election call during the summer of last year.

Very quickly, because I know my time is winding down, when we look at the substance of Bill C-20, what it would essentially do, and this is a fairly radical departure from the previous versions, is create a brand new public complaints and review commission that would be a stand-alone piece of legislation, so it would be completely separate from the RCMP Act. That would give it a measure of independence that is sorely needed.

I know, from reading government backgrounders on this, that the Government of Canada has committed to funding $112.3 million over six years to this agency, with $19.4 million ongoing, and that is going to be incredibly important in ensuring it has the resources to do the job and Canadians can maintain trust.

In my final minute, I will conclude by saying that Bill C-20 is a good and important step, and I think ultimately it would help ensure transparency and public confidence in our institutions, both with the CBSA and the RCMP. Extremely vulnerable people in Canada, including refugee claimants, have long advocated for this body to ensure accountability and transparency. It is clear that we, as a Parliament, have waited a long time to codify these reforms, and I hope members from all parties will agree and come to a point where we can get this bill to a vote soon and send it to the Standing Committee on Public Safety and National Security so that we can look for ways to improve it.

I will conclude there. I appreciate this opportunity to have made a few remarks.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 10:20 a.m.
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Bloc

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

Mr. Speaker, there were a few minutes left in my speech on November 3 just before the Deputy Prime Minister took the floor to present her economic update.

Members will remember that, at the time, the House of Commons was all abuzz and everyone was eager to hear the Deputy Prime Minister’s speech, so I have a feeling that not many members heard what I had to say.

I will take this opportunity to review certain points that explain the Bloc Québécois’s position on Bill C-20. I began by announcing that the government had our support for the first reading of the bill. This is a second attempt for me in my speech today, but it is the third attempt for the government in its introduction of the bill.

In fact, the government has been trying to legislate on this issue for several years. Members will remember Bill C-3, introduced in the 43rd legislature, and Bill C-98, introduced in the 42nd legislature. I hope that the third time is the charm, and that Bill C-20 will be able to survive the entire democratic parliamentary process so that we can provide the Canada Border Services Agency and the RCMP with a truly independent external review commission.

The community has been asking for this for many years now. More than 18 years ago, in 2004, Justice O’Connor recommended the creation of an independent process to manage public complaints against the CBSA. The CBSA is the only Canadian public safety agency that has no external commission enabling the general public to file a complaint if they suffer any harm.

We know that this has happened in recent years. Many newspaper articles have reported on the fact that Canadian citizens returning home or leaving the country have suffered abuse by border services officers. Obviously, the point of my speech is not to put border services officers on trial. They usually do a very good job but, as in every organization, there are cases of abuse. We therefore need to enable the public to file complaints and allow these complaints to go through the necessary process to see whether anything can be done and whether these complaints should be reviewed.

Of course, there is a complaint process within the CBSA, but we know that self-investigation is never particularly effective. When complaints are dealt with internally, we often need to make access to information requests to find out what was the outcome of these complaints. Moreover, we know what happens with access to information requests these days. As my colleague from Trois-Rivières mentioned, the government “is so transparent that we can see right through the pages”. That is what he said about the 225 blank pages sent by Health Canada in response to an access to information request.

It would be a very good thing to have this process finally in place. As I said earlier, the community has been asking for this for many years. The Customs and Immigration Union gave its opinion on the bill. It asks that the review commission deal with not only misconduct by officers, but also any systemic problem that might come from higher up in the chain of command. That way, the problem could be investigated and complaints could be filed against managers and not just officers. The union really wants the entire chain of command to be looked at and, if there is a problem, officers should not be the only ones who are reprimanded for complaints filed with the commission.

What is also interesting about the bill is that it requires the minister of public safety to present an annual report informing the House and Canadians of what public safety agencies have done to implement the recommendations made by the public complaints and review commission. The commission would be able to issue recommendations to the department, and the minister would be accountable to the public and to complainants.

I mentioned earlier that border services officers have great power. They can detain and search Canadians and even deport people.

The legislative summary of Bill C-20 mentions the case of Maher Arar, a Syrian Canadian citizen who was deported, imprisoned and tortured in Syria. This was the result of a communication problem between Canadian and U.S. border services. Mr. Arar was questioned by the FBI. We realized that there might be a problem and that complaints were not being followed up on. That might have prevented this sort of thing from happening.

The number of investigations rose in 2020 compared to 2019. I do not have the figures for 2021 or 2022. Some 250 investigations of officers were conducted by the Canada Border Services Agency following complaints. For example, it appears that some officers interfered in the immigration process, while others attempted to assist immigration lawyers by illegally removing items that might raise questions from certain files. Still others apparently made disparaging comments about clients or inappropriate comments about colleagues. Some are said to have abused their authority. There were also complaints about harassment and sexual assault. These complaints are serious, and they demonstrate the need to create a thorough, independent complaint process. This will allow people who have been harmed by border services officers to have some recourse and keep informed.

Once again, the government can count on our support to improve this bill and pass it as soon as possible.

Bill C-32—Time Allocation MotionFall Economic Statement Implementation Act, 2022Government Orders

November 21st, 2022 / 12:30 p.m.
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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, by my count, I think that the vast majority of last week was spent debating Bill C-32. Unfortunately, the House cannot debate two bills at any one time. As a consequence of last week, Bill C-20, the important oversight legislation for both the CBSA and the RCMP, has been bumped to tomorrow.

People have been waiting for years for an effective oversight mechanism for both of these agencies. The CBSA has never had this kind of oversight. There are other interests in play. I know that the Conservatives would like to keep on debating Bill C-32, but indigenous people in Canada, racialized people and so many people who have been at the wrong receiving end of both the RCMP and the CBSA have been waiting years for this important accountability and oversight legislation.

I hope that, after we get through Bill C-32 and it is sent to committee, I have a commitment from the government that Bill C-20 will get the priority it deserves.

We waited in the 42nd Parliament for Bill C-98 when that member was here. We waited in the last Parliament for Bill C-3 and we now, finally, have Bill C-20. I want to see a commitment that this bill will get the time it deserves.

Public Complaints and Review Commission ActGovernment Orders

November 3rd, 2022 / 3:45 p.m.
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Bloc

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

Madam Speaker, I am very pleased to debate Bill C‑20. We could call this take three, because the government has wanted to pass legislation for this matter for some years, but neither Bill C‑3, which was introduced in the 43rd Parliament, nor Bill C-98, which was introduced in the 42nd Parliament, were prioritized.

Those two bills unfortunately died on the Order Paper. However, what is encouraging is that all parties seemed to agree. They supported the principle of these two bills, which is relatively the same as what we find today in Bill C‑20. All things come in threes, as they say. I hope the bill will pass this time.

However, it is unfortunate that it was not made a priority earlier. It was more than 18 years ago that Justice O'Connor recommended the creation of an independent process to handle public complaints against the Canada Border Services Agency, or the CBSA. That decision was handed down in 2004, but it was not until 2022 that the government finally decided to act.

As the Minister of Public Safety explained earlier, Bill C-20 seeks to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act to change the public complaints process.

This bill would establish the public complaints and review commission, which would replace the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police. It would make it possible to investigate complaints concerning the conduct and level of service of RCMP and CBSA personnel and review specified activities of these two organizations.

It is true that we currently have an independent oversight mechanism, but its mandate covers only matters affecting national security. It is therefore rather surprising that the CBSA is the only public safety agency in Canada that does not have a body that gives citizens recourse against an organization that can sometimes abuse its authority—

Public Complaints and Review Commission ActGovernment Orders

November 3rd, 2022 / 1:15 p.m.
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Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalMinister of Public Safety

moved that Bill C-20, An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments, be read the second time and referred to a committee.

Madam Speaker, I am honoured to open up the debate on second reading of Bill C-20, an act establishing the public complaints and review commission and amending certain acts and statutory instruments.

I would like to thank the members of the Standing Committee on Public Safety and National Security for their important review of systemic racism in the enforcement of the act.

By creating a new public complaints and review commission, the bill would provide new tools to ensure transparency and accountability of the institutions Canadians rely on to keep them safe, to keep them safe in their communities through the work of the Royal Canadian Mounted Police and to keep them safe by protecting our international borders through the work of the Canada Border Services Agency. Canadians depend on these public safety organizations, but, at the same time, want assurances that these organizations will use the powers that have been entrusted to them responsibly.

Canadians have a right to consistent, fair and equal treatment when interacting with RCMP and CBSA officers. If members are not acting appropriately, Canadians naturally want and deserve assurances of a thorough review of these actions and consequences for any officer who engages in misconduct.

This is a fundamental principle of our democracy.

Our democracy depends on the principle of trust and confidence in our institutions, including law enforcement institutions. Independent civilian review overseeing is an essential element to that principle. This bill underscores it by creating an independent body that will strengthen transparency and autonomy through the independent review exercises of this new body.

Independence assures that Canadians can have their concerns taken seriously. The bill also underscores that principle. That is why this is stand-alone legislation rather than simply amending either the RCMP or CBSA Acts.

Currently, under the RCMP Act, an independent review and redress process is provided for by the RCMP through the CRCC, or Civilian Review and Complaints Commission. Current cases under the CRCC will be continued under the public complaints and review commission, or the PCRC, under the bill before us. The CBSA, on the other hand, currently has no independent review and redress process.

It is subject to review by various independent boards, tribunals and courts.

Without a dedicated review body, there is no avenue for independent investigation or review of public complaints against the CBSA.

The government has tried twice previously to address this shortfall by creating a review body for the CBSA. Some colleagues will recall that in 2019, our government introduced Bill C-98 and then in 2020, Bill C-3. Those pieces of proposed legislation sought to add CBSA review to the mandate of the existing CRCC, but both died on the Order Paper.

This issue has remained a priority for our government.

The 2020 Speech from the Throne included it in our agenda. The creation of a review body for the CBSA was of top priority and a component of the mandate that the Prime Minister gave to me when I took on this role in December of 2021.

It is time to give Canadians the accountability they deserve.

In the bill before us, the CRCC would be replaced by the new public complaints and review commission, which would continue to review the RCMP and would also become the independent review body for complaints concerning the CBSA.

The bill contains several mechanisms that would strengthen accountability beyond what has been available under the current CRCC for the RCMP. After engaging and listening to Canadians across the country, we have made significant reforms to the regimes proposed under Bill C-98 and Bill C-3 previously. We listened and we acted.

Therefore, in addition to creating a stand-alone law, other changes have been made.

This would subject the RCMP and CBSA to codified timelines. We heard complaints from Canadians regarding the RCMP's, at times, delayed response to reports from the CRCC. This time around, we are getting it right. The RCMP and the CBSA will have six months to respond to the PCRC's interim reports. They must also respond to certain reviews and recommendations of the PCRC within 60 days.

Second, the RCMP and the CBSA will be required to report annually to this office, the Minister of Public Safety, on their progress in implementing PCRC recommendations.

The third major change responds to a mandate the Prime Minister gave to me to combat systemic racism and discrimination in the criminal justice system, and advancing reconciliation with indigenous peoples. This is a critically important priority, especially at this time in our history.

Over the past number of years, in Canada and around the world, we have had necessary conversations about the presence and existence of systemic racism in law enforcement about the disproportionate mistreatment of Black, racialized and indigenous peoples across the country. It is high time that we act.

It is vitally important that this review system shed light on how to address these issues more fully.

Under the bill before us, the PCRC would collect and publish desegregated, race-based data on complainants in consultation with the RCMP and the CBSA.

I want to thank the chairperson of the CRCC, Michelaine Lahaie, and her colleagues for their advice and their vision on how the review process can become an essential tool to help not only understand systemic racism, but to eradicate it once and for all.

The fourth major change introduced in the bill would provide the PCRC with a public education and information mandate. The PCRC would implement programs to increase public knowledge and awareness of the PCRC's mandate and the right to redress.

Finally, the bill would address a gap in the current accountability and transparency regime involving how the CBSA responds to incidents of a serious nature.

These incidents can result in death or serious injury or violations of federal or provincial law.

The CBSA currently conducts its own internal reviews of such matters, but the bill before us would amend the CBSA Act so that the CBSA would be obligated to conduct such reviews. It would also need to notify both the PCRC and the police of appropriate jurisdiction.

The CBSA would also be required to provide the PCRC with reports and other information of serious incidents. The PCRC would have the authority to send an observer to assess the impartiality of these internal investigations. As part of its annual report to this office, the PCRC would also include the number, types and outcomes of serious incident allegations.

Taken together, these five changes represent a major step forward in the accountability and transparency mechanisms governing both the RCMP and the CBSA. The PCRC will be given the tools that it needs to help balance Canada's public safety and security priorities, as well as respect for the rights of the individuals with which they intersect.

To support the establishment of the commission, the government is investing $112.3 million over six years and $19.4 million ongoing. By creating an enhanced independent review body, the public complaints and review commission will help assure Canadians that they can continue to expect consistent, fair and equal treatment under the law when receiving services from the RCMP and the CBSA.

I urge all hon. members of the House to join me in supporting this important bill.

This is so Canada can assuage Canadians' concerns by creating greater transparency, oversight, and trust and confidence in our law institutions.

February 16th, 2021 / 12:50 p.m.
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Assistant Secretary to the Cabinet, Office of the Deputy Secretary to Cabinet (Governance), Privy Council Office

Allen Sutherland

I did look at this a little bit in preparation for the committee meeting, and one of the things that I focused on was the government bills that were in Parliament prior to prorogation. I would note that with one exception all of them were reintroduced and are making their way through the system. I note that it does appear that—and since it's a minority Parliament, it takes goodwill on both sides—the various bills that were before committee or at second reading have been reintroduced. The one exception, I think, was appropriate. It involves what was then Bill C-3.

In terms of some of the other stuff, I think the government endeavoured to bring things back to the stage they were at before. With regard to the PMBs, there was no practical impact—

August 14th, 2020 / 1:55 p.m.
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As an Individual

Julian Falconer

Thank you.

I've seen this committee's work specifically on the issues surrounding recommendations that have ended up in Bill C-3 concerning the civilian review and complaints commission. What I am left wondering, after 30 years of doing this work in policing specifically, is this: What is the fear of creating independent civilian oversight over the RCMP? I mean, for God's sake, respectfully, why is everybody pussyfooting around this issue?

You talk about adding some teeth to the work of the CRCC. That's fine. Obviously, Madam Lahaie is the real deal as she tries to call them out—all she has is a recommendation function—but isn't the obvious going on here? You create an independent oversight body, a board, that runs the RCMP. The same should be done with the OPP. That's my first point. Then you make sure it's an effective oversight body. That doesn't exist. Honestly, the RCMP remains quite unbridled and quite a law unto themselves. That's what Ms. Lahaie, the chair, has just recently announced. She cannot get them to follow her recommendations, and the reason is that she doesn't run them. She makes recommendations.

My second issue that I want to emphasize is that the role of indigenous police services in this country needs to be legislated and enhanced. Respectfully, Ms. Whitman shouldn't have to answer why and how the RCMP can adapt and change. Why don't all first nations communities have the option of having indigenous policing? You look at NAPS. You look at Wikwemikong Tribal Police Service. You look at the Treaty Three Police Service. You look at the other police services in Ontario that are indigenous. They make huge headway. I think it's an important step in the right direction.

July 24th, 2020 / 11:20 a.m.
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Chairperson, Civilian Review and Complaints Commission for the Royal Canadian Mounted Police

Michelaine Lahaie

The commission was not consulted on Bill C-3 when it was drafted.

July 24th, 2020 / 11:20 a.m.
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Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Okay.

You have made recommendations on the changes that should be made to Bill C-3. Were you consulted during the drafting of this bill? We feel that no one asked for your opinion.

Did the government ask you?

July 24th, 2020 / 11:20 a.m.
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Chairperson, Civilian Review and Complaints Commission for the Royal Canadian Mounted Police

Michelaine Lahaie

To clarify, she is required to respond in accordance with the legislation, so she must respond to our reports. She must indicate whether she accepts our recommendations. If she does not accept them, she has to tell us why.

I believe the solution to this issue is to insert statutory timelines within Bill C-3, so that they are required to provide a response within a time that's articulated in the law. We currently have an MOU with the RCMP that articulates those timelines, but they are not statutory.

July 24th, 2020 / 11:10 a.m.
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Michelaine Lahaie Chairperson, Civilian Review and Complaints Commission for the Royal Canadian Mounted Police

Good morning and thank you for this opportunity to speak to you today on the subject of systemic racism in policing services in Canada.

The Civilian Review and Complaints Commission for the RCMP is an independent body established by Parliament. The commission makes broad-ranging recommendations regarding policies, procedures and training with the ultimate goal of improving policing and enhancing RCMP accountability. Greater police accountability is achieved through effective oversight, not only for public complaints but also through reviews of systemic issues.

As the Minister of Public Safety recently indicated to this committee, indigenous people, black Canadians and other racialized people experience systemic racism and disparate outcomes within the criminal justice system. That system includes all police forces, including the RCMP.

I must point out that the work of the commission is not immune to the long-term and ongoing effects of systemic racism. For example, it has been reported that there is an overrepresentation of police use of force incidents involving indigenous and racialized people. However, many of these use of force incidents do not result in a public complaint. Why is that the case?

In the commission’s northern British Columbia investigation, which was undertaken as a follow-up to a Human Rights Watch report, we asked members of indigenous communities why they do not make use of the complaints system. We found out that many indigenous people are either unaware of the public complaint process or do not trust it. The process can be excessively bureaucratic and difficult to navigate.

However, the commission has taken some action to improve the accessibility of the public complaints system, including making the public complaint form available in 16 different languages. We most recently worked very closely with the territorial Government of Nunavut to ensure that the complaint form and additional materials on the complaints process were available in Inuktitut.

Even with these strides, the commission still needs to do more to ensure greater accessibility, trust and transparency in the complaints process. Ultimately, my goal is for people to believe that they can file a complaint with the commission and be treated fairly, without fear of reprisal. To achieve that, we need to consult indigenous and racialized communities to identify and break down the systemic barriers that exist within our current system and implement their suggested changes. We must adopt a regime that better serves all communities.

In that regard, the commission, along with the RCMP, was involved in advancing an informal resolution process put forward by indigenous leaders. Such projects are key to combatting systemic racism and restoring public trust.

In terms of the RCMP, I must highlight that the commission’s lens tends to focus on individual allegations of bias, discrimination or racism. We do not get complaints of systemic racism as a rule. It is only when we take a step back and analyze our findings that the systemic nature of racism becomes apparent.

One such area is in the disparity of treatment between Caucasian and indigenous women detained for public intoxication in northern British Columbia, as noted in the commission’s public interest investigation into policing in that area. In a review of occurrence reports involving the policing of public intoxication, the commission noted that there were differences in treatment between indigenous and Caucasian women when it came to detention for public intoxication. Seventy-three per cent of indigenous women were held in cells until sober. In contrast, 54% percent of Caucasian women were held in cells until sober. As well, indigenous women were four times less likely to be taken home, rather than lodged in cells, as compared with Caucasian women.

The commission is also currently working on a systemic review of the RCMP's bias-free policing model. This review is examining the RCMP's bias-free policing policies and training, and assessing the broader application and accountability framework that is in place to ensure that RCMP members adhere to these policies. Accountability and transparency are key to addressing systemic issues and bringing about change.

To that end, I would suggest that there is an opportunity to further enhance the oversight regime with Bill C-3 and would make the following recommendations to strengthen the bill.

First, I recommend statutory timelines for responses to commission reports to codify the schedule established in the CRCC–RCMP MOU. At present, the legislation requires the commissioner to respond as soon as feasible. Responses to commission interim reports now take an average of 17 months. One of the commission's reports has been waiting for a response for over three and a half years. This is unacceptable in any system where accountability is critical.

Second, public education and outreach to indigenous and racialized communities must become statutory requirements. Bill C-3 currently makes public education mandatory for the commission's new oversight mandate for CBSA, but these activities remain optional under the RCMP Act. The only way that the public complaint process works is if people trust the system. The only way to build that trust is through our outreach efforts.

Third, I would like to see both the commissioner and, once Bill C-3 comes into force, the president of the CBSA required to provide an annual report to the commission outlining the status of implementation of the commission's recommendations. This would increase the transparency of the complaint system and reassure Canadians that the RCMP and the CBSA are held to a high standard of public accountability.

Finally, the commission needs to be appropriately resourced to conduct systemic reviews. At present, systemic reviews are conducted when sufficient resources are available. However, as chairperson, I must constantly make the decision between dealing with complaints from the public and conducting systemic reviews.

I do realize, however, that we have our own work to do. We need to dedicate more resources to outreach and public education in indigenous and racialized communities. We must consult and we must listen. We must become more transparent. We recently began to post summaries of public complaint decisions on our website. It is important that the Canadian public be made aware of our work and the recommendations that we make.

The commission must be consulted on any changes to oversight for both the RCMP and changes to Bill C-3. With its 35 years of experience in overseeing our national police force, the CRCC is uniquely qualified to provide insight and recommendations to inform decision-makers on this critical and pressing issue for Canadians. We are at an opportune time to effect change.

Thank you again for inviting me here today. I would be happy to answer any questions you may have.

July 24th, 2020 / 11:05 a.m.
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Professor, Department of Political Science, Royal Military College of Canada, As an Individual

Dr. Christian Leuprecht

I will close with my four points on action items.

We need to hold middle management accountable. The CAF demonstrates the effect that can have in terms of curtailing the sorts of challenges we are seeing.

The RCMP needs to release results of discipline hearings to the public. There's a ministerial directive on this. The RCMP has not published an annual report since 2017. Commissioner Lucki, as has been widely reported, has 180 Civilian Review and Complaints Commission reports on her desk dating back to 2016. That backlog simply is not acceptable.

My challenge to you as a committee is this. You have concrete opportunities to do things here and now, and that is Bill C-3, which is currently before Parliament. I detail several challenges that bill currently has. For the sake of time, I will not go through these in detail here, but Bill C-3, with the improvements that I lay out, can effect very clear and concrete change right here, right now.

June 23rd, 2020 / 5:20 p.m.
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Liberal

Bill Blair Liberal Scarborough Southwest, ON

Let me begin by saying that I think our complaints system has to be accessible to all Canadians. It needs to be transparent. It needs to be fair and objective. It also needs to be quick. What we have seen and what I've heard very clearly is that Canadians across the country have raised a number of concerns regarding the timeliness of those complaint reviews.

I've had a little bit of experience in my own jurisdiction, under a different legislative framework, with a complaints process. As a police chief, I can tell you that a well-functioning and accessible complaints review system that the public can trust with regard to its objectivity, its fairness, and its accessibility, and through which individuals who engage in misconduct will be held to account, is of tremendously important assistance to a police chief to maintain public trust in those complaints systems. I also recall that when they were first being introduced across the country, there was some resistance to them amongst police leaders. What we found very quickly was that when those investigations were being conducted independent of police leadership and the public trusted the outcome, they produced much better results.

I'll also tell you that in my experience the overwhelming majority of complaints can be resolved quite informally and quite quickly, but they need to be recorded to ensure the integrity of a complaints review system.

I am in complete agreement with the importance of published and enforceable timelines so that Canadians can have a reasonable expectation of when a matter will be resolved, and I think they should be as open and transparent as possible. The commissioner and I have had a number of conversations about how that can be achieved.

I would also point out that we introduced legislation in the last Parliament, which, unfortunately, passed in the House but didn't get through the Senate. We've reintroduced it in the form of Bill C-3. That's for a complaints review system that builds upon the existing CRCC body and includes the responsibility for providing a complaints mechanism for our border services officers. I'm looking very carefully at that legislation to ensure it does have those appropriate and defined timelines. I think there are a number of things this committee could do.

Let me assure you that I'm very open to your observations and recommendations coming forward from the work of this committee on how we can make the complaints review system work better, not just for all Canadians but for police officers who are the subject of these complaints. Timely resolutions of those complaints are actually in their interests as well so that they can get on with rebuilding their relationship with the people they're supposed to be serving.

Business of the HouseOral Questions

March 12th, 2020 / 3:10 p.m.
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Honoré-Mercier Québec

Liberal

Pablo Rodriguez LiberalLeader of the Government in the House of Commons

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

This afternoon we will continue debate on the NDP motion.

Tomorrow, we will resume debate on Bill C-4 on the free trade agreement with Mexico and the United States. We hope to conclude the debate that afternoon.

When hon. colleagues return from the constituency week, we will follow up with Bill C-7 on medical assistance in dying, Bill C-8 on conversion therapy and Bill C-3 on CBSA oversight.

Finally, I would like to inform the House that Monday, March 23, and Thursday, March 26, shall be allotted days.

Opposition Motion—Additional Allotted DaysBusiness of SupplyGovernment Orders

February 28th, 2020 / 1:25 p.m.
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Liberal

Lloyd Longfield Liberal Guelph, ON

Madam Speaker, one of the recurring themes in the hon. member's speech was encouraging debate in this place.

A week ago today, the members of the House were debating Bill C-3. I participated in the debate on the Thursday, a debate that was going to make significant changes and improvements to Canada's boarder agency.

As we recall, a Conservative member moved a motion to shut down the House for the day at 12:30 in the afternoon. We had a lot more to debate, yet the Conservatives wanted to shut down the House for the day, so they could go home or go to Niagara. They failed to get the votes they needed and MPs from other parties wanted to continue debate on the bill, but it did not matter. The Conservatives tied up the House over and over with votes that took attention away from debating this important legislation.

It is part of their pattern. The Conservatives have done this many times before to try to delay a passage of legislation in this place and to get in the way of debate in this place.

Why does the member's party continually play political tactics to prevent members of Parliament in the House from doing their jobs to debate important legislation?

Opposition Motion—Additional allotted days in the supply periodBusiness of SupplyGovernment Orders

February 28th, 2020 / 10:35 a.m.
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Liberal

Chris Bittle Liberal St. Catharines, ON

Madam Speaker, it seems we hit a nerve. It is clear the members of the opposition do not want to go forward on this important bill, a bill that is required, that businesses are crying out for, that farmers are crying out for, that people across the country want us to move forward on, but we are playing gotcha politics and we are playing petty politics on this particular day.

I would like to offer some comment on the importance of what we are debating today. This is not a motion that will likely attract the attention of many Canadians outside this chamber or outside the Ottawa bubble. It does not touch on the issues that are important to many of our constituents: the economy, jobs, affordability, climate change, health care, pensions, reconciliation with indigenous people, keeping our streets safe and securing Canada's place in the world.

These are, of course, the issues that are at the forefront of our government's agenda. These are the issues on which our government was elected to make changes. These are the issues on which our government has a mandate from Canadians.

This motion today does not call on the House to have a constructive debate on any of these matters. Make no mistake, the motion from the Conservative House leader has profound implications for Parliament and for the democratic system that we cherish. It is a motion that is reflective of the Conservatives themselves. While they were in government and during recent years in opposition, we have all seen their track record.

In government, under Stephen Harper, Conservatives showed disdain for Parliament and for all the members on the opposition benches. In opposition, under the current leader, who will be replaced in June, they have continued to show disdain for the traditions and decorum of this chamber. They heckle when I talk about decorum in this chamber, which is ironic.

Canadians have not forgotten the behaviour of the Conservatives in the 41st Parliament, as well as in the last one. It is the Conservatives who, all too often, held the House of Commons hostage with political tactics and manoeuvres, repeatedly obstructing MPs from debating important legislation. On more than one occasion, they forced the House to hold all-night marathon vote sessions. They voted against funding for infrastructure during that time, on national defence, veterans, police, security, VIA Rail services, Parks Canada, indigenous peoples and more.

This was a political stunt, and Liberal MPs stood proudly to vote in favour of those services that are important to Canadians. One of these voting marathons kept MPs in the chamber for 30 hours in the last Parliament. This came at a cost to Parliament's reputation and literally a cost to the taxpayers. Indeed, the Conservatives' current House leader said in a news release, when she was part of a previous Conservative government that was facing an NDP filibuster in 2011, that these tactics cost the House of Commons an additional $50,000 per hour to stay open. Where was that outrage in the last Parliament?

One of the Conservatives' most shameful episodes was when they tried to prevent the finance minister from reading his budget speech in the chamber by banging on their desks and shouting him down, like bullies in a schoolyard. It was an undignified spectacle.

These are the political stunts that the Conservatives like to call tools from their tool box. It is quite the tool box. This behaviour from the Conservative opposition has done nothing to restore Canadians' trust in Parliament. In fact, I fear what they have done has deepened the cynicism among all of our constituents.

Unfortunately, it has become clear that the Conservatives have not changed since the last Parliament. Last Thursday, they kept MPs in Ottawa for a vote on a opposition day, which never happened because once everyone had missed their flights home, they deferred the vote to the following Monday. MPs missed events in their riding, they missed spending time with their kids, husbands, wives and families. Why did they do this? For one reason: they could.

Simply a day later, on Friday, the Conservatives dipped into their bag of tricks again to obstruct the work of Parliament. On that day, members were debating Bill C-3, supported by all parties, including the Conservatives, that would bring great improvements to the accountability of the Canada Border Services Agency, and yet the Conservatives moved to literally shut down the business of the House that day.

They moved a motion to adjourn the House at 12:30 p.m., during their lunch hour. I know most Canadians do not move to end their work during their lunch hour, but the Conservatives did. They wanted to turn off the lights for the day. When that did not work, they attempted to adjourn debate again. When that failed, they attempted to shut down the House early, again.

These political stunts consumed over two hours of time in the House. The Conservatives' objective was clear: preventing the House from debating this important legislation. Unfortunately, that is exactly what happened. Without a doubt, the Conservatives have shown their true colours. They do not believe in Parliament.

Conservatives have shown this once again with the motion we are debating today, for at the heart of what the Conservative opposition members hope to achieve is tilting the balance from long-standing practices and procedures that have served the House well for many decades. This balance is simple in its design but crucial to its core.

The following is what makes our parliamentary system so successful. When an election happens, Canadians send their elected representatives to the House of Commons to act on their behalf. The government is elected with the responsibility to move forward on the agenda that Canadians have given it. That means introducing legislation, ensuring it receives vibrant debate from all sides and ultimately bringing legislation to a vote. There is limited time in the parliamentary calendar, and the government must always endeavour to schedule the time Parliament needs to examine and vote on its legislation.

Across the aisle, the opposition has the responsibility to hold the government to account and raise issues of public concern. Our system, under standing orders, allows for supply days to be scheduled. These days are also known as opposition days. On these days, government legislation is not debated. Instead, the opposition has the opportunity to bring forward a motion for debate and, ultimately, a vote.

This is the balance. Parliament needs time to debate legislation and to debate the supply days motion from the opposition. We believe Parliament can strike that balance.

Already we have come forward with important bills to ratify the new NAFTA, improve the CBSA, require training for judges on sexual assault, modernize the oath of citizenship and adjust the rules surrounding medical assistance in dying. These are just some of the parts of our platform to keep moving forward with policies that are both ambitious and achievable.

Our throne speech in December provided a road map for Parliament that outlines our agenda. We want to strengthen the middle class, make life more affordable for Canadians, protect the environment, fight climate change, improve the lives of indigenous people and secure Canada's place in the world.

Canadians sent us all a message in the recent election. They want us all to work together, and we agree. Indeed, we believe the House of Commons is a place where we can work on legislation to make important decisions for Canadians. Every day, we work hard in Parliament to find common ground on behalf of the Canadians who sent us all here.

While this happens, while we debate the merits of legislation and look to improve it, the opposition has many opportunities to bring issues to the forefront. This happens routinely in question period, and I would be remiss if I did not remind the House that it was our government that made fundamental changes to question period. It was our government that created the prime minister's question period on Wednesdays. Our Prime Minister answers every question during question period from all sides of the House.

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February 21st, 2020 / 1:55 p.m.
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Conservative

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Mr. Speaker, I want to bring it back to Bill C-3 for a moment.

Bill C-3 is a new approach that would combine a current panel that gives oversight to the RCMP and extend that to the CBSA. I am not convinced that this will be a successful effort, but does the member believe it is worthy of being given a shot?

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February 21st, 2020 / 1:15 p.m.
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Conservative

Randy Hoback Conservative Prince Albert, SK

Mr. Speaker, it is an interesting day to be discussing Bill C-3 when we see what is going on in Canada and what we could be talking about.

There are so many things that are happening that this House should be discussing and debating today other than Bill C-3. I have nothing against Bill C-3. However, if we look at what is going on in Canada and happening across our great country, we see our country being ripped apart and torn to shreds.

I will give members a couple of examples of some of the things we could be talking about that have a day-to-day impact on Canadians.

We could have spent some time this week talking about the coronavirus. We have Canadians who are still trying to get out of China. We have situations around the world where passengers cannot leave cruise ships. We could have been debating that and what we should be doing about it. We could have been making sure that we have the proper safety protocols in place and that we are immensely prepared for this type of virus. However, we did not.

We have started NAFTA hearings at committee. This would have been a great week to show all the problems with NAFTA. This party is here to support and pass it, because we are being told to and we would never play silly bugger with it. We have expressed that right from day one, but there are things in NAFTA that need to be talked about.

This week at committee we heard from witnesses who will be negatively impacted by this agreement. They are not saying we should not sign it or that we should not move it forward. They understand how important it is to the Canadian economy and that it has to happen. However, they are asking the Liberal government for a plan to help them mitigate the downside of the agreement.

Aluminum producers in Chicoutimi are asking for some support in taking their product to the next level to add value to their aluminum products. That would be a plan, but there is no plan from the government. We could have had great debates on that and what we could do to help the different sectors.

The dairy sector is being kneecapped in this agreement. Not only is it facing importations of 3.5%, it is also facing restrictions. It is being told what it can sell, when it can sell it and who it can sell it to. That has never happened in a trade agreement. That would have been a good debate here to look at ways to mitigate that type of scenario.

We could have been talking about the China-Senegal situation, which is the PM's cost for a UN Security Council seat. He has his Mastercard out, paying $50 million here and $50 million there. We should have had a debate this week in the House on just how expensive this seat is going to be and if he will actually have success in getting it. However, we did not talk about it.

The Lima Group was here in Ottawa talking about Venezuela. I do not think anybody realized that. That is ironic, because that is where our country is heading to right now. If we do not have trains running, there will be no toilet paper in the stores in a couple of weeks. That is the reality.

The Liberals can deny it all they want, but their inaction on this file has been so terrible it is unreal. Canadians are going to pay.

The other thing we should have been talking about in light of all these things is the impact it is having on the economy, jobs and growth. There is going to be a huge cost. Nobody is even talking about that cost.

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February 21st, 2020 / 1:15 p.m.
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Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

Mr. Speaker, I want to thank my hon. colleague for his efforts today in working on behalf of Canadians.

We want action taken. Like Canadians, we want to see a government that is going to address the matters of the day. We have heard that the Liberals are seized with the issues. There are a number of crises the government should be dealing with, but we think the government has in fact seized up.

Instead of dealing with Bill C-3, legislation that the Liberals let die last session when they controlled the agenda as the majority power, what does my colleague think the government should be seized with and doing today?

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February 21st, 2020 / 1:10 p.m.
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NDP

Gord Johns NDP Courtenay—Alberni, BC

Mr. Speaker, I want thank my hon. colleague for his message. He knows that the NDP is always here to work.

The member talked a bit about Bill C-3. He focused his speech primarily on what is happening in the north, and I felt it was one-sided.

I have a question for the member from Dr. Judith Sayers, the president of the Nuu-chah-nulth Tribal Council. She asks, “Why is it you think that those that say yes to the project have the right to say yes, but those that say no have not the same respect?”

This is really important because it reflects back to the member's speech and what he focused his discussion on.

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February 21st, 2020 / 1:10 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and to the Leader of the Government in the House of Commons

Mr. Speaker, we are here to work, unlike the official opposition. It is really important to recognize that.

We are debating Bill C-3, a bill the Conservatives previously supported. I am a bit surprised that when they debate, they talk about anything but Bill C-3 and at the first opportunity, they want to adjourn the House and take the afternoon off. My Conservative friends can feel free to take the afternoon off. There are other opposition members here who will ensure there is a presence in the opposition benches.

Given that the member opposite was addressing Bill C-3, would he agree with the government in recognizing the valuable contributions of our border control officers and how important it is for us to have the level of accountability that the legislation would provide?

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February 21st, 2020 / 12:25 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, it is an honour to stand today to speak to Bill C-3.

The bill before us was introduced in the dying days of the last Parliament as Bill C-98, and the Conservatives supported it at through all steps.

Bill C-3, while it is an important bill, undoubtedly will be seen as another Liberal failure with respect to consultation. We saw this time and again in the last Parliament. Promise after promise was broken or unfilled. I think we will see the exact same thing with Bill C-3.

I want to bring to the floor again, and I do not think we can say it enough, the voices of the Wet'suwet'en. I would never say that we are speaking on behalf of or for the Wet'suwet'en, but it is important we bring their voices to the floor.

I would remind the House and my colleagues that the House is not ours. It does not belong to us or the Prime Minister. The House belongs to the electors who voted in the 338 members of Parliament. Those are the voices that really matter here.

Today we are debating Bill C-3 when our country is seized with a crisis. What we have seen over the last three weeks is no leadership whatsoever from the Prime Minister.

Yesterday, we had a motion before the House, on which we will vote on Monday. Speaker after speaker, at least on the Conservative side, brought the voices of the Wet'suwet'en to the floor of the House. A lot of people have stood in the House, with their firsts in the air, saying they are standing with the Wet'suwet'en. The reality is that they are not standing for the real voices of the Wet'suwet'en.

Yesterday I heard from two chiefs from my riding. One was the former chief of the Haisla Nation. He thought I should ask the Prime Minister about aboriginal titles and rights and to whom he thought they belonged. They belong to the first nations communities.

The Wet'suwet'en and 21 nations voted in favour of the Coastal GasLink. They voted for bands, chiefs and councils to represent them. Those chiefs and leaders within their communities voted in favour of lifting their communities out of poverty. They chose economic prosperity, not economic despair.

Ellis Ross wanted me to ask the Prime Minister why so many leaders outside of first nations were standing against lifting their first nations up? They voted in favour of something that could bring so much hope to and opportunities for these communities. In northern B.C., these types of game-changing opportunities are few and far between.

Yesterday, the Liberals said that they would not support our motion, because we used the term “radical activists”. They believed that we were talking about our first nations, that they were radical activists.

The other chief asked me why it was okay to have the Rockefellers and the Tides Foundations limit opportunity for first nations. This is the truth. He said that if the Prime Minister was standing in front of him, he would give him a piece of his mind. I am paraphrasing, because it would be unparliamentary to say the exact words.

It is disappointing that the voices of the Wet'suwet'en, who voted in favour of lifting their communities out of economic despair and who chose hope, are being silenced. They are not being heard; they are being discounted. We are here today because of that.

While Bill C-3, an act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other acts, is important, we should be continuing to bring the voices of the Wet'suwet'en to this floor, ensuring they are heard. That is what is important.

Therefore, I move:

That the House do now adjourn.

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February 21st, 2020 / 12:10 p.m.
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Conservative

Eric Duncan Conservative Stormont—Dundas—South Glengarry, ON

Mr. Speaker, I am pleased to rise today to speak to Bill C-3, in the last Parliament being Bill C-98, which was introduced in its last days.

I will say at the outset that I will be supporting this legislation. I believe the majority, an overwhelming number of members in the House, will be doing that.

To start off my comments in the House today, as I have listened to the debate not only today but over the course of the last few weeks in this legislation, I think members of the opposition have rightfully questioned some of the processes for this.

Again, as I mentioned, this is something that I believe many communities have been asking for. I will get into the specifics of my riding of Stormont—Dundas—South Glengarry, but it was very frustrating to see the legislation tabled at the last minute, only a few weeks before the end of the last Parliament, but of course I am happy to see it now back in this Parliament.

We have heard some concerns from the customs and immigration national union about those who are on the front lines not being consulted, yet wanting to make sure that they are consulted in this process. Of course, it is an oversight body of their work. I think that, as a part of the consultation, it would be a natural body for the government to bring in and include when talking about a piece of legislation such as this.

From a technocratic perspective, over the last few weeks as this was being debated I have done some interventions and made comments related to making sure that this oversight body works. I mean that in the sense of being timely and responsive to the resolution of the complaints or challenges that come forward.

Very frankly we have seen this before with different government departments or oversight bodies. If individuals who file complaints are not getting their issues resolved in a timely manner, their confidence in the oversight body will not exist. They may not complain when valid complaints should come forward. We have to question the effectiveness of this.

I think that a lot of members who have raised that issue want to ensure that this legislation goes through. When it does, for lack of a better word, we will be the oversight of the oversight, to make sure that it achieves what we want to do.

I want to focus on my riding specifically of Stormont—Dundas—South Glengarry and the importance of this legislation. I will make the bold statement that this legislation may impact my riding the most of any riding in the country. I acknowledge that this involves oversight for both the RCMP and CBSA, but I will focus on the CBSA aspect.

As members may be aware, my riding is home to a port of entry in the city of Cornwall that travels through a first nations community: the Mohawk Council of Akwesasne.

We have a bit of a unique geographic set-up with our port of entry. Cornwall Island for many years hosted the port of entry. In 2009, there was some back and forth with some challenges there, and the border was shut down for several months while a new location was worked out.

What happened was that the port of entry moved from Cornwall Island to the city of Cornwall. The challenge that it presents now is that first nations community members, people who are visiting Akwesasne or coming from Akwesasne to the city of Cornwall or the counties and out past there, have to go through a port of entry to enter into Canada.

This is the number one issue when I speak with the Mohawk Council of Akwesasne in my riding, the grand chief and council members. We are working on myriad different issues together, and I have appreciated their co-operation as I have reached out. We are working on some issues with Canada Post, land claims and economic development, but the port of entry is the number one concern.

I had a conversation recently with Grand Chief Abram Benedict about this piece of legislation. The council provided a letter almost four years ago to the previous minister of public safety, Ralph Goodale, that spoke about the need for this type of legislation. In the letter is a statistic that says 70% of the daily traffic that goes through the port of entry in my riding, and that deals with CBSA officials on the front lines, are members of Akwesasne who are actually Canadian citizens and may be going to the city of Cornwall for groceries, gas, dinner or other services.

As my colleagues can imagine, it is a very frustrating situation for residents. I have echoed what the grand chief and council have said, that it is a physical barrier between Cornwall Island, the city of Cornwall and the rest of Canada. If one is accessing the 401 it is a physical barrier, but it is also a social, cultural and economic barrier in terms of ease of traffic.

I bring that back to talk about the importance of this bill because the members of Akwesasne and CBSA have thousands of interactions on a weekly basis. Unfortunately, over the course of the last 10 or 11 years, there have been some incidents and complaints, and there has not really been that oversight process to have those concerns addressed and resolved in a timely manner.

I will note the continued progress of the advocacy that the council has done on this. There was news in my riding at the beginning of the year that the Mohawk Council of Akwesasne and the CBSA have partnered for a better border experience. It was covered in the Cornwall Seaway News and the Cornwall Standard Freeholder in my riding. While that is a step in the right direction, in terms of that dialogue and process, this oversight agency is something that has been asked for by my community.

I should clarify it is not just the Mohawk Council of Akwesasne and the residents of Cornwall Island who are asking for this. Leaders in the city of Cornwall are asking as well.

People who are business owners want to see a proper, smooth flow for economic and social reasons. While this is a step in the right direction, I am going to be making sure in my riding and my community that, as complaints arise about experiences and exchanges that happen on the front lines of CBSA, those issues are addressed through this channel in a timely manner.

If resolutions come out of these recommendations to do better and to change processes at the port of entry, in Cornwall for example, those are done and followed through in a timely manner.

The relationship the CBSA workers have with the community in the Cornwall area is strong. I want to finish by thanking the CBSA workers on the front lines, not just in the city of Cornwall and the port of entry there, but across the country.

They have a very challenging job to do, very often in trying circumstances. We debate issues of a national portfolio here in Ottawa. For example, we talk about guns smuggled in from the United States, and about drugs and human trafficking. There are so many issues that our CBSA officials have to deal with to protect our country on a daily basis.

My message, as I wrap up my comments here today, is to thank those front-line workers. This oversight would be a win-win for them in terms of some of the protections they would have as well. I want to thank Grand Chief Abram Benedict for reaching out and chatting with me recently about this legislation. I want to thank him for putting this on the radar and sharing the local experience of what we have in my riding and our port of entry and how this legislation can go about.

I am looking forward to this. I think, by the sounds of the debate over the course of the last few weeks, this will go through. I am looking forward to it going to committee. After my conversations with the grand chief, I am hoping that he may be a witness. He can make sure that members of the committee who review the legislation understand the support for it from my riding, but also understand some of the challenges we specifically have.

We will find ways to make sure that the intention is always there, through legislation, to do better and to make sure this is actually working, that the complaints process responses are timely, that there are resolutions and that there are outcomes.

We will make sure that this is not just a forum to say we have complaint resolution without resolving some of the challenges we face. We certainly think it is in the best interests of all Canadians, including the people in the city of Cornwall and the first nations community of Akwesasne. For the flow of the relationship, when we talk about reconciliation, this is a very tangible item that could help move us another step forward.

I am pleased to speak to this today, and look forward to the questions and comments from my colleagues.

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February 21st, 2020 / 12:10 p.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, our hon. colleague from Langley—Aldergrove is a new member of Parliament. I want to ask him his opinion.

I listened intently to his intervention on Bill C-3. What has his experience been with the Liberal government in the last three months, since his election? When the Liberals say they are going to consult, can we trust them to really do that? Can we actually trust the government to do what it says it is going to do?

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

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February 21st, 2020 / 10:55 a.m.
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Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Mr. Speaker, while this party supports Bill C-3, we are disappointed that there has been a lack of consultation with key stakeholders and leaders, with the RCMP, the CBSA and the unions representing the people who work for those great organizations. It is a disappointment.

That said, the bill will be effective in enhancing the work these organizations are doing, but the lack of consultation has been, and continues to be, problematic.

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February 21st, 2020 / 10:55 a.m.
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Conservative

Todd Doherty Conservative Cariboo—Prince George, BC

Mr. Speaker, one of the things we have seen time and again in the previous session, and again in this session so far, with the government is that it likes to talk about consultation. It likes to say that it has consulted with Canadians from coast to coast to coast.

Does our hon. colleague know if indeed the RCMP and CBSA front-line officers were consulted with respect to Bill C-3?

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February 21st, 2020 / 10:45 a.m.
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Conservative

Tako Van Popta Conservative Langley—Aldergrove, BC

Mr. Speaker, I am pleased to join the debate on Bill C-3, an act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act.

The legislation before us would rename the Civilian Review and Complaints Commission for the RCMP to the public complaints and review commission which, as an oversight committee, would also have responsibility to review civilian complaints against the Canada Border Services Agency.

Canada has a very long, unprotected border with our neighbour to the south. The United States of America is our biggest trading partner, and that means we need to have an effective border services agency. Every year, the agency processes 100 million people into Canada at our border crossings and at airports, rail crossings and sea ports. It processes 20 million commercial shipments every year and 46 million courier shipments. Every day there is about $2 billion in trade between these two great trading partners. Along with national security and safety, the CBSA is also charged with providing priority to efficiency in trade and commerce.

My constituency of Langley—Aldergrove has one of four B.C. Lower Mainland border crossings. It is a critical tool for our citizens and businesses. The citizens of my riding are looking for efficiency at this and other border crossings to expedite business and relationships. They are also looking for security and safety.

Many people in my riding are gun enthusiasts, and are rightly concerned by proposed further restrictions on already stringent firearms possession and acquisition rules. They are genuinely concerned that these further restrictions will have the effect of only pointing the finger at them, law-abiding citizens who acquired the firearms lawfully and who diligently follow all the rules about safe storage, transport and use.

They ask why the government is not looking at where the real problem is, namely at people who obtain guns illegally, largely by cross-border smuggling. We need border security officers who have both the tools and the resources to do their job effectively.

Our border services officers have extraordinary powers. For example, they may detain people for questioning, search vehicles and packages, and arrest people without a warrant. I would argue that these are necessary powers if we want our CBSA officers to do the work that we expect them to do. However, as a corollary to these exceptional and extraordinary powers, our border services officers must also be subject to oversight.

Currently, there is oversight by courts, commissions and tribunals, but we need stronger arm's-length civilian monitoring, which is what Bill C-3 would do. A civilian review commission would improve oversight and help the CBSA be an even more effective agency in performing its duties and functions. However, to be a truly effective agency for Canada, as Canada strives to uphold the integrity and security of its borders, the CBSA must also be properly resourced in both manpower and equipment, which is our party's position.

Given the need for balancing border security and market efficiency, something I am sure the government also agrees with, we are left bewildered as to why the government is not acting decisively on unwelcome threats to our markets and security.

Why is the government ignoring the needs of Canadians, including the needs of my constituency of Langley—Aldergrove? Our border with the U.S.A. is very important to businesses in Langley. This border crossing, the Aldergrove-Lynden border crossing, is open for business from 8 a.m. until midnight every day, and those limited opening hours slow cross-border traffic down, to the detriment of businesses in my riding. The businesses and people in this riding would benefit greatly from a 24-7 opening of this crucial link with the United States, our prime trading partner.

The president of the Greater Langley Chamber of Commerce was quoted recently in one of our local newspapers as saying our “local prosperity depends on our ability to export our goods and services across the country and around the globe.” He also pointed out the obvious: that companies prioritize shipping times based on when and where they are best able to move goods.

The Langley area, because of its proximity to both the United States and metro Vancouver, has two strategically located industrial parks zoned for manufacturing and logistics. These zones are tied to highways and rail crossings with the United States.

The president of the Greater Langley Chamber of Commerce said, “We need to be able to move goods, whether out of a port or land border, at reduced times.”

B.C. is an export-driven economy. The president added that its prosperity “hinges on its ability to trade openly in the global and Canadian markets.”

Along with security at our border crossings and effective oversight of the work the CBSA does, the government also needs to invest in better and more accessible international trade at our border crossings, and in the instance of my riding, to finance longer opening hours.

My constituents are looking to the federal government to work co-operatively with its U.S. counterparts and finally make this a reality. I can guarantee that such an initiative would have the support of the Greater Langley Chamber of Commerce and its 1, 025 businesses, and I am certain it would also have the support of the chamber of commerce, businesses and citizens of Whatcom County in Washington state.

The businesses in my community are deeply concerned about the significant negative impacts the recent rail blockages are having on trade and commerce, and what they are doing to our reputation among our trading partners.

A letter, written by chambers of commerce across the country and by various business leaders to the Prime Minister three days ago, states:

In addition to disrupting domestic and global supply chains, the blockades undermine Canada’s reputation as a dependable partner in international trade. They also threaten public safety by preventing the distribution of essential products like chlorine for water treatment and propane for heating homes, seniors' facilities and farms.

The damage inflicted on the Canadian economy and on the welfare of all our citizens mounts with each hour that these illegal disruptions are allowed to continue. Each additional day that rail lines are disrupted requires three to four days for supply chains to recover. This is why it is imperative that the Government act now to get the Canadian economy moving again.

A letter written last week by the Canadian Global Cities Council, addressed to the Minister of Transport and the Minister of Innovation, Science and Industry, states:

As the Canadian Global Cities Council (CGCC), we represent over 50 per cent of Canada's gross domestic product and population. Given the events of the past few days, [rail blockages,] we are deeply concerned by the ongoing disruptions to Canada's trade and exports. The impact is also being felt beyond Canada's borders and is harming the country's reputation as a stable and viable supply chain partner. While many of Canada's good destined for the world are currently unable to reach global markets, we are concerned with reports of international shippers diverting traffic away from Canadian ports.

While Bill C-3 is to be applauded for what it would do to support the Canada Border Services Agency, urgent attention needs to be paid to the current crisis that threatens trade and commerce at these border crossings.

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February 21st, 2020 / 10:30 a.m.
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Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

Mr. Speaker, I am pleased to rise today to speak to the government bill, Bill C-3, an act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act. The bill would rename the Civilian Review and Complaints Commission for the RCMP to the public complaints and review commission. It would also amend the Canada Border Services Agency Act to:

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.

The bill is a copy of Bill C-98, which died on the Order Paper at the end of the 42nd Parliament. During the study of Bill C-98, the committee heard from just seven witnesses, including the minister and five officials who reported to him. I hope this time, in our minority Parliament, the parliamentary committee will have the ability to study the bill as thoroughly as it deserves and hear testimony from more witnesses, contrary to the study of Bill C-98, when the Liberals failed to consult customs and immigration in the creation of it.

One would think that when creating legislation regarding the security of Canadians, all stakeholders would be consulted and such legislation would be presented in a substantive and timely way. We now have the chance to ensure that all stakeholders are heard at committee and members are given the time needed to undertake this.

That being said, the bill seems straightforward in its objective that Canada's law enforcement agencies ought to have an oversight body. This is especially helpful at the border, where a civilian review commission would improve oversight and help CBSA be an even more effective agency in its duties and functions.

There is a Liberal crusade against law-abiding firearms owners, highlighted by Bill C-71, passed in the previous Parliament, and the apparent upcoming blanket firearms bans are likely to come before both the RCMP and CBSA oversight bodies. This is problematic because of the extra and quite unnecessary amount of work it would create for both agencies.

The Liberal government likes to paint law-abiding firearms owners with one brush, that they are dangerous and cannot be trusted with the responsibility of firearms ownership or are outdated, backward and likely criminals. On this side of the House, we know that to be false.

We know that law-abiding firearms owners are among the most vetted citizens in the country. It is illegal to possess, store or transport a firearm without first possessing a licence, the PAL or the RPAL, through a program that is run by the RCMP. It includes extremely stringent requirements, including background and reference checks and classroom instruction and testing.

People who are deemed fit to be given the restricted firearms licence must then register all of these restricted firearms with the government and receive authorization to transport them to and from the range. These responsible law-abiding firearms owners are run through police databases regularly, if not daily. The Liberals' portrayal of them is wrong and insulting.

The government is also trying to spin the firearms legislation as the right move, that it would enhance safety for Canadians. However, the legislation does nothing to address the safety of Canadians and seeks to punish law-abiding Canadians instead of criminals.

Given the spirit of Bill C-3, with its oversight bodies that are meant to reduce harm and combat overreach, would it not make sense for all of the government's safety and security legislation to be in the same spirit and have the same goal?

The Liberals are seeking to ban certain firearms and are moving to reclassify some rifles as prohibited, which means over 10,000 legally purchased and owned rifles would be reclassified for no reason in particular. They have not advanced a logical argument for the banning of these firearms, and I cannot think of one either. These firearms function in a similar method to a technology first introduced in 1885, so it cannot be that they are unsafe when used properly. Also, they adhere to the same regulations regarding capacity as other non-restricted firearms.

How does the government's plan to classify legally bought and owned rifles as prohibited combat gang violence? It does not, not one bit. In fact, it has the potential to criminalize the owners of these rifles if they do not comply with the new ownership requirements of the prohibited firearm.

Retroactively applying this law means that a person could be jailed for up to 10 years for something that was perfectly legal when it was done. Let us imagine this. A government that is giving pardons for actions that were crimes when committed but are now legal is criminalizing something that was perfectly legal when it was done. This totally rejects the premise of Bill C-3, because the changes to firearms laws certainly overreach and mistreat law-abiding Canadians.

The attacks on law-abiding firearms owners by the government neglects to combat crime. It punishes lawful firearms owners in other ways as well, especially those who live in rural areas like the residents of Leeds—Grenville—Thousand Islands and Rideau Lakes.

Because of the Liberal government's disdain for firearms owners and rural Canadians writ large, it is working to revoke authorization to transport firearms except from store to home and between home and target range. Gun shows, gunsmiths, border crossings and airports would require special permission each and every time. If people want to pick up their firearms from the gunsmith on their way to a shooting match, they would need an ATT. If they are dropping off their firearm at the gunsmith after a day at the range, they would need an ATT. If they want to take a firearm from the store where they bought it to the gunsmith, they would need an authorization to transport, or an ATT. Besides disregarding the realities of travel in rural areas, this would create a constant need for bureaucratic paperwork and would increase costs to Canadian taxpayers, with absolutely no benefit or increase to public safety and security.

When it comes to the safety and security of Canadians, the government's short-sighted legislative record on firearms decreases the safety and security of law-abiding firearms owners through its creation of a backdoor firearms registry. It would force firearm retailers to keep detailed transaction records of every firearm buyer and purchase spanning a period of 20 years. When people walk into their favourite retailer and purchase a rifle and ammunition, the retailer would be forced to record their personal information and register it with the registrar. This is not just in stores that specialize in retail firearms. This is also in big box stores, even for simply purchasing ammunition. These lists would become highly prized targets for hackers and thieves, and citizens on the registries would be put at great risk of being robbed, or worse.

Since we are talking about the role of oversight bodies and Canada's law enforcement agencies, I will note that the government's attack on law-abiding firearms owners would create an environment where there is a greater risk of overreach. It would give law enforcement greater leeway to arbitrarily prohibit firearms by removing the government's ability to easily un-prohibit firearms, fuelling concern of more bans and more overreach. We are seeing this now, as the minister has indicated his intention to subvert democracy and undertake a blanket ban on certain firearms. If that does not spell overreach from the highest levels, I do not know what does.

Canadians expect effective oversight of federal law enforcement agencies. The bill looks as if it would be effective in doing so, but the Liberals made a promise to do this in 2015 and they let the bill die on the Order Paper in the last Parliament. It is disappointing that they failed to consult the union representing Canada's border officers and that they have a culture of lazy legislation when it comes to the safety and security of Canadians.

Canadians expect the House to give thorough review to all legislation put before it. They expect that the legislators here will speak to witnesses and the relevant stakeholders. Even though that was not permitted to happen under majority rule in the previous Parliament, in this Parliament we hope to undertake a full study.

Royal Canadian Mounted Police ActGovernment Orders

February 21st, 2020 / 10:05 a.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Mr. Speaker, I know the Parliamentary Secretary to the Leader of the Government in the House of Commons was hoping this was an unlimited time slot. I want to share with him that the House can do whatever it wants by unanimous consent, so he can reflect on that opportunity. I want him to know that I am always prepared if he wants to hear more of what I have to say on an important subject. However, as I get into it, I wonder if he may be less interested in hearing what I have to say, quite frankly, but it is still important for him.

We are talking about Bill C-3 that deals with the work, in part, of the Canada Border Services Agency. This is timely because, especially today, many people are talking and thinking about the challenges in import and export and the transportation of goods. This is an area where the opportunity for public complaints and review is very important. Indeed, I hear many public complaints already out there about problems with regard to our ability to transport goods.

We are in the middle of a national crisis, where various protesters, a relatively small number, are openly trying to shut down Canada. They are blocking access to a border point and standing in the middle of train tracks. This is causing massive problems, and those problems are only going to continue. During discussions about this national crisis, members are raising fears about escalation and talking about the need for de-escalation.

All of us would like to ensure the situation does not get any worse, but inaction by the government is creating escalation, with more and more people thinking that they can ignore the law and protest illegally, and growing fears of Canadians that these blockades will result in long-term economic damage and the inability of people to access essential goods. I have been hearing from colleagues in the Maritimes and other parts of the country concerned about propane shortages and the impact it will have on people's ability to heat their homes and provide for their basic needs.

This bill speaks to accountability of our Canada Border Services Agency and the RCMP. It is ironic that the government is putting forward measures aimed at making other agencies more accountable when it is failing to be accountable itself for the real problems in our economy as a result of decisions it has made to not act or show leadership in the midst of this national crisis. It is important to underline why we are facing this national crisis. There is a very small number, a minority, of hereditary chiefs, not the elected representatives, who oppose a particular development project on Wet'suwet'en territory, but all of the affected band councils are in favour of this. Overwhelmingly, the people are in favour of this and a majority of hereditary chiefs are in favour of this.

I draw the attention of members of the House to this issue in this context. If every single time a development project happens for which there is a small amount of opposition with the result of shutting down national infrastructure, then it is going to be very difficult for us to ever move goods in this country in the future because there are always going to be controversial projects. Those of us on this side of the House have been raising the warning that this really is a warm-up act for larger, more controversial projects in the future.

If the government, instead of dialoguing with the elected leadership of communities, feels that it can negotiate with other people who are not connected to those communities in the resolution of these issues, then we are going to have a problem where the government is always negotiating with the wrong people and people not connected to these projects can claim the right to speak on behalf of communities. It is going to be very difficult for us to ever find agreement on moving forward on projects.

That is the context in which we find ourselves. That is the national crisis that our country is facing. I think all of our constituents would want us to speak about these issues, highlight them and call on the government to finally show leadership and allow us to move forward by supporting the rule of law and, at the very least, verbalizing the importance of enforcing the law and respecting the will of the elected representatives of indigenous people.

Now I will move to the specific provisions in Bill C-3. This is a bill that “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.”

We know how seriously the government takes naming things. Sometimes it does not always know what those names mean. Sometimes it likes to rename things as a way of claiming credit for a policy.

Under the Conservatives we had something called the universal child care benefit, and the Liberals renamed it the Canada child benefit. Then they declared it to have been a great social policy innovation, a brand new idea, without remembering that the Liberals actually ran against the Canada child care benefit in 2006. It was a Liberal strategist who said that parents would just use this child benefit money for beer and popcorn. The Liberals evolved, and it was progress. They evolved from opposing support for parents to saying that they were going to rename the benefit and claim it. Maybe when Conservatives come back to government, we will rename it again. It was all our idea after all. We brought in the Canada child care benefit in 2006.

This legislation has some element of renaming, but it is a little more substantive than that. “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.”

Essentially what this bill does, under what had previously been a review commission just for the RCMP, is bring the CBSA under that civilian review mechanism.

As my colleagues have said, this is a principle that we are supportive of. Conservatives will be supporting the movement of this legislation through to committee where, no doubt, it will be further analyzed and studied by our excellent public safety team.

There is some progress in this legislation. It is not, as we have seen in some other cases, purely a name without meaning. Unlike the Minister of Middle Class Prosperity, we actually know what the words mean to a greater extent, in the case of this piece of legislation.

I will just say, again, the irony here is the government is bringing in greater accountability for our border services agencies and yet we have seen a lack of willingness by the government to account for its own actions. We have seen so many instances of weak leadership.

Another area of a lack of accountability we have seen from the government is that it is already signalling, through things that private members have been putting out, that it is not supportive of the Teck project in Alberta. This is a critical project for the interests of Alberta, for the interests of our national economy. The government needs to approve it, and yet we are already seeing backbench members of the government putting out petitions encouraging people not to support it. That is fuelling further frustration in my province.

The House resumed from February 7 consideration of the motion that Bill C-3, An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Acts, be read the second time and referred to a committee.

Business of the HouseOral Questions

February 20th, 2020 / 3:15 p.m.
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Honoré-Mercier Québec

Liberal

Pablo Rodriguez LiberalLeader of the Government in the House of Commons

Mr. Speaker, I agree that we have a very good working relationship, but I want to clarify something. We all agree on dividing the bill for different committees. That is not what she was referring to. She was referring to the date that the bill has to come back. We all agree, including the Deputy Prime Minister, on separating it for different committees.

In answer to her question, we will continue debate on the Conservative Party motion this afternoon. Tomorrow, we will resume the second reading debate on Bill C-3, the border services act. On Monday, we will begin debate on Bill C-6 on the citizenship oath, which was introduced earlier this week. Tuesday is an allotted day.

We expect to have additional legislation announced very soon and we will give the opposition parties an update on the business for the rest of that week.

Royal Canadian Mounted Police ActGovernment Orders

February 7th, 2020 / 2:25 p.m.
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Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, Bill C-3 is about accountability. One of the government's first pieces of legislation in this Parliament is to increase civilian oversight for our law enforcement agencies. This is a bill that Conservatives are generally supportive of. However, we do find some irony in the fact that the government's immediate priority is to strengthen the accountability of somebody else when the biggest problem we have is with the government's lack of accountability, its failure to be accountable for its many terrible decisions and the impact that is having on Canadians.

Let us start with the Liberals' lack of accountability today in question period, when my colleague from a neighbouring riding, the member for Lakeland, asked important questions about the Teck Frontier project. She asked what the government was going to do about this project, which is vital for our national interest. If this project were to be arbitrarily rejected by the government, it would likely create a new larger unity crisis.

She asked those questions and the parliamentary secretary refused to be accountable and explain the government's thinking. All he said was that there is a process and that there will be a decision made at some point.

Meanwhile, leaks are coming out indicating that the government is thinking of an aid package, as if Alberta had been hit by some kind of natural disaster. The disaster hitting western Canada is not a natural disaster; it is very much a disaster made by politicians here in Ottawa.

Let us end the disaster. We do not need disaster relief. We need to end the disaster by approving projects that are in our national interest, supporting the Teck Frontier project and supporting pipelines.

The government needs to be accountable for its own failures, and perhaps it should prioritize being accountable itself before bringing forward legislation to make somebody else accountable.

Royal Canadian Mounted Police ActGovernment Orders

February 7th, 2020 / 2:10 p.m.
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Conservative

Mel Arnold Conservative North Okanagan—Shuswap, BC

Madam Speaker, I am pleased to rise, but unfortunately the previous member got cut short. I am sure he had more to say. He is such an eloquent speaker and it is always a pleasure, but always a challenge to follow someone like him.

It is rather fitting that this bill is up for debate this month. Some members may be aware, but I do not think most are, that February 1, 2020, was the 100th anniversary of the forming of the RCMP in Canada. It is an exemplary police force. I heard a member today say she had worked for the RCMP for a number of years before coming to this House. I know we have members on both sides who have served in police work, the RCMP and so on.

My brother-in-law entered the force back in the early 70s. He got transferred out to where we lived in North Okanagan—Shuswap. He met my sister and, even after the rough time our older brothers gave him, they decided to get married. He spent many years in the force and retired from the force from the audit department.

That audit department is internal in the force. They go in and review all the cases in the detachments. He travelled throughout Western Canada and spent many years doing that. A very honourable, but sometimes challenging role because he was reviewing his fellow officers' work.

I speak about the RCMP and the honourable role it has had. I am also fortunate we have a retired RCMP commissioner, the first female RCMP commissioner. She went through the first female recruiting class at Depot in Regina in 1974 and was posted to Salmon Arm in my community of North Okanagan—Shuswap. She served many years with the RCMP and eventually retired as commissioner, but chose the North Okanagan—Shuswap area as her retirement home.

Many people may not be aware, but she is now appointed as senator from B.C. to the upper chamber of the Senate. It is a great honour. We have gotten to know her, her husband and her friends over the past few years. She is a very honourable person and a great fit in our legislative system here in Canada.

There is so much honour in the roles of the people within the RCMP and CBSA. Unfortunately, we have the odd person who many not be as honourable and that is why we need these review processes. I would not want to see the entire CBSA be tainted and for the public think we have to review everyone in that department. That is certainly not the case.

I mentioned that February 1 was the 100th anniversary of the formation of the RCMP. In the town of Vernon, we had a couple of fellows form a small committee to do an RCMP Appreciation Day. I went home last weekend and took part in that at the Vernon Museum and Archives. It was a great representation there.

One of the greatest pieces was they also had two brand new RCMP recruits, who had arrived in the last 48 hours, take part in that ceremony as part of that recognition. Later that night, they were in their red serges and came out on the ice to help drop the puck at the Vernon Vipers hockey game. That honour and tradition was there. Senator Busson was there in her regalia and the members were there in their red serges, showing the honour that is there.

Many of us travel through airports. I do regularly back and forth in travel from B.C. and the North Okanagan—Shuswap. We have seen many instances where those CBSA workers in the airports are being challenged by unruly, impatient and sometimes impaired passengers.

I was passing through Calgary around Christmas and saw an incident take place. I have to congratulate the CBSA guards and security people who were on duty at that time. They handled the situation very professionally.

We also run the risk that guards and members will be set up because of all the tools and technology out there with cellphones. Some want to act unscrupulously so they can initiate an incident and only perhaps record part of it to attack a department or person.

That is where I think this review process will be very beneficial, as long as it is open and transparent. We have heard discussion today about an annual report to the minister. We want to make sure that the report is transparent, that it is not redacted by the minister and that Parliament gets to review it in full.

A review process needs to be open, transparent and fair. It also has to find a balance between national security and an individual's right to privacy and security. We have heard concerns about access to cellphones and personal data on cellphones. Many of us keep our personal information, like passwords and so on for our accounts, on our cellphones. For border guards to have access to that basically without restraint is very troubling for some. It should not be for those who live their lives in a respectful manner, but marginal people may have a lot more issues with that.

I also want to touch on an issue that I heard just this week about outdoor tourism. People from outside of the country come to Canada for guided fishing or hunting trips, and some are being challenged at the border because of offences from many years in their past, sometimes when they were teenagers. They come to Canada as seniors, and because of impaired driving charges earlier in their lives or minor criminal offences in the U.S., they are being barred from coming into Canada.

There has been some great debate on Bill C-3 and I look forward to seeing it move to committee.

We are all heading into a constituency week, so I want to wish everyone well. I will be heading back to my riding of North Okanagan—Shuswap to the biggest winter carnival in western Canada: the Vernon Winter Carnival. It named its Queen Silver Star and her princess last night. There will be proclamations, parades and snow sculptures. Unfortunately, the hot air balloon fest will not be happening this year. There will also be parka parties and many other events in my riding over the next 10 days.

I am certainly looking forward to being back home, as I think many members are as well, as we move into a constituency week to go back to our ridings to talk to our constituents.

Royal Canadian Mounted Police ActGovernment Orders

February 7th, 2020 / 2:05 p.m.
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Bloc

Christine Normandin Bloc Saint-Jean, QC

Madam Speaker, my colleague from Louis-Saint-Laurent reminded us that Bill C-3 pertains to the handling of complaints within the Canada Border Services Agency, or CBSA. However, he then went on to speak for 10 minutes about irregular migrants who cross the border at Roxham Road.

Am I to understand that he believes that irregular migrants are to blame for the poor handling of complaints at the CBSA?

Royal Canadian Mounted Police ActGovernment Orders

February 7th, 2020 / 1:55 p.m.
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Conservative

Gérard Deltell Conservative Louis-Saint-Laurent, QC

Madam Speaker, I am very pleased to rise today on this stormy Friday in Quebec. Obviously, as usual, everything is going smoothly here in the House with no sign of a storm.

We are here on this Friday afternoon to talk about Bill C-3, an act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other acts. Essentially, this bill would create a committee that would oversee the operation of these two organizations. It is also the logical next step to a bill that was introduced and passed in the previous Parliament, Bill C-98.

As members probably already heard from some of the previous speakers, the official opposition is in favour of this bill. I wanted to say that right off the top. However, we have some concerns that we will raise during the debate at first and second reading and in committee.

First, I would like to take this wonderful opportunity to pay tribute to those who work for the RCMP and the Canada Border Services Agency. Every day, they work to protect, sometimes at the risk of their own lives, our security both within Canada and at our border crossings.

We do not think about this often enough, but we are extraordinarily privileged to live in such a safe country. That is due to millions of Canadians, of course, but above all to the people whose job it is to protect us all. That includes the members of the Royal Canadian Mounted Police. It also includes the officers who protect border crossings across Canada, both those working on the ground, right at the border, and those working in our airports and ports. We must not forget that we share the longest land border in the world with the United States, and we can be very proud of it because we know it is well guarded by these officers. We owe them so much.

As I was saying, this bill flows from another piece of legislation from the last Parliament. Members will recall that in 2015, the current government got itself elected by saying it would table a bill addressing the concerns this document is about.

Today, we can see that the people on the government side seem surprised that things are not moving along as fast as they hoped. I would remind them that, despite getting elected on that promise back in 2015, they did not table Bill C-98 until the very end of their first term. If they really thought it was so important, so integral, so essential, so vital to their commitment, they could have tabled that bill much sooner.

I will not mention certain promises that were not kept during the Liberals' first term, such as the “modest deficits” and the return to a balanced budget in 2019. However, this also proves that this government, which got itself elected on the strength of certain promises, did not accomplish what it said it would.

Since we are talking about border services, I want to share a sad episode in Canada's history, perhaps the saddest episode in the history of our border services. Unfortunately, this episode was not provoked by our workers, our employers, our public servants, our RCMP officers or our border services officers, but by the Prime Minister of Canada himself. He is the one who is fully responsible for the refugee crisis we have had and continue to have in Canada. We are sad to say that it has been nearly three years since the Prime Minister himself unwittingly created a crisis.

It was the evening of January 28, 2017. I remember because I got a Twitter alert on my smartphone indicating that the Prime Minister had just tweeted something.

The Prime Minister, who was all too happy to tweet something to outdo the Americans, but especially to give himself some brass and prestige on the world stage, wrote a tweet that essentially said, you are all welcome here in Canada. The Prime Minister's tweet came on the heels of the U.S. government's announcement that it was closing its doors to all refugees from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen.

That tweet set off a border crisis the likes of which we have never seen in this country. Over 40,000 people entered Canada illegally at Roxham Road, showing complete contempt and disregard for the honour and hard work of other people from around the world who followed the rules and dreamed of coming here to enrich Canada with their presence. Unfortunately, those 40,000 people got the Prime Minister's green light to come into Canada through the back door, which is illegal.

I am choosing my words carefully because I know that there is a war of words going on. Some people call it “irregular”, not “illegal”. If it is indeed irregular, why is there a huge sign at the entrance to Roxham Road saying that it is illegal to cross the border except at an official crossing?

Once something illegal has been done, how can it then be considered “irregular”?

This is a big deal. This is why those guys, the Liberals, are talking about irregularity instead of illegality. My colleagues and I have been asking the government for the last three years why there is a huge sign at the entrance of Roxham Road that says it is an illegal entrance. People cannot go there. It is illegal.

If the Liberals cannot accept what their own government is writing on signs they should resign, but they will not.

That is the problem with this government. It likes to crow about its lofty principles, wears its heart on its sleeve and brings everyone to tears talking about how Canada is the most beautiful, most wonderful country on the planet, a country that will welcome every last living creature with open arms.

The actual fact of the matter is that Canada has laws and rules that must be obeyed, not because one leans left or right but because everyone needs to follow the rules and the rules apply to everyone.

When we were in power, we took in 25,000 refugees. Unlike the current government, we did not make a big show of it when people arrived at the airport. We did not convene the media, the Prime Minister, the Deputy Prime Minister, the minister of this, that and the other thing and an opposition member to please everyone and get some air time.

We focus on being a serious, rigorous and humanitarian country that cares about individuals more than those TV appearances the Liberals like to use to show that they are the best and the nicest. Our serious Conservative approach allowed 25,000 refugees from around the world to come enrich our country.

Refugees and immigrants contribute to our country's wealth. I know what I am talking about. This is a bit of a conflict of interest for me because my parents came here in 1958 as immigrants. It is important to disclose any conflicts of interest, and I just did. I cannot thank Canada enough for welcoming my parents in 1958.

Some 40,000 people have crossed illegally into Canada at Roxham Road. I remind members that this sparked a battle with the Government of Quebec, which had to wait three years to get reimbursed for all this.

What is worse, these illegal crossings were an insult to the thousands of people from around the world who follow the rules and contact various embassies, consulates and border services. As members of Parliament, we know how this works, since we see all kinds of cases at our riding offices. These people were not fortunate enough to see the Prime Minister's tweet, take Roxham Road and automatically gain access to Canada.

On April 3, 2018, the National Post reported that the first secretary at the Canadian embassy in Mexico warned the government that the Prime Minister's tweet was causing all kinds of problems.

In conclusion, I want to sincerely thank all of the RCMP officers as well as all the Canadians, from both the RCMP and the Canada Border Services Agency, who keep us safe.

Royal Canadian Mounted Police ActGovernment Orders

February 7th, 2020 / 1:40 p.m.
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Conservative

Kelly McCauley Conservative Edmonton West, AB

Madam Speaker, I am pleased to rise to join the debate on Bill C-3 today. I imagine all the masses sitting at home huddled in front of their TVs watching this on CPAC are quite surprised to see every party stand up and support the bill. I am pleased to support it in general as well. The 18 people at home watching on CPAC probably outnumber those at home watching CBC right now.

Before I get into my general speech, I want to make some comments regarding the oversight committee and its independence from the minister.

A couple of days ago we were debating an opposition day motion about doing a review of the Parole Board and the Parole Board process for appointees, in light of the release of a previous killer into the streets to kill again.

I bring that up because during the debate, some government members intervened and put through an amendment to change that to condemn not the Parole Board, which knew about the situation of the man visiting a prostitute, but to condemn the the parole officer and make the officer the scapegoat, rather than blaming the Parole Board in general.

I worry that instead of focusing on the process in general and the lack of training and the lack of resources, the new oversight committee will go after individual CBSA officers, so I look forward to the bill getting to committee and seeing this issue being brought up so that there is a clear delineation between the government and the board. I hope the oversight committee is appointed through a transparent process and not through patronage appointments of underskilled people, perhaps like the people on the Parole Board who released that murderer.

There is another thing I want to bring up, and I am really glad that so many people have it brought up already. I want to thank CBSA officers who are working to protect and serve Canadians.

CBSA has been one of our best government departments in hiring veterans. A rule was brought through by the Conservatives stating that if anyone serves on our military and is released for medical reasons, that individual will go to the very top of the hiring charts in the public service. After that, before anyone else, is the individual who retired from the military after serving three years in uniform.

We brought in legislation as well that recognized their seniority. If someone has served Canada for 15 years, perhaps served overseas or served five years in Afghanistan, that time serving Canada would be recognized when the individual joins the public service. These seniority rights would count towards vacation and in work scheduling.

We have a lot of problems with getting government departments to hire veterans, but CBSA is probably at the top and has done the greatest job. However, we heard that the Liberal government bargained away seniority rights from veterans who had been medically discharged and had joined the public service.

It is nice to hear members of all parties in the House today praise the CBSA and all the workers, but I hope they put their talking points aside and stand with the CBSA veterans who served our country overseas, those who were perhaps medically discharged or who served in uniform and then found a job with CBSA. I hope members stand together and demand the Liberal government bring back seniority rights for those veterans who are now working with the CBSA.

That said, I want to get to Bill C-3 itself.

The backgrounder says that CBSA ensures Canada's security and prosperity by facilitating and overseeing international travel and trade across Canada's border and interact with thousands of Canadians and visitors to Canada at airports, land border crossing ports and other locations, ensuring a free flow of people and goods across the border.

It continues to say that “the government recognizes that robust accountability mechanisms can help ensure that the public trusts Canada's public safety institutions.”

I want to make sure that we actually have robust oversight of the oversight. It is kind of like the watchmen comic book, “Who's Watching the Watchmen?”. I want to make sure that these are not just people fulfilling some government agenda, as was suggested during the debate on the opposition day motion, when there was an attempt to make the parole officer the scapegoat instead of addressing the general issues at large.

Bill C-3 would also legislate a framework for handling a serious incident regarding CBSA personnel. This includes giving the PCRC responsibility to track and report on serious incidents. That is great, but I want to come back to the CBSA officers.

As I mentioned during a previous intervention, we have serious issues with the cultural structure of the CBSA. I mentioned how the government stripped veterans' benefits from those serving in CBSA. During the most recent employee survey within CBSA, 63% of the members said they do not believe they can bring up concerns without fear of reprisal.

Remember, this is the same government that, when it was presented with a unanimous report from all three parties in the last Parliament to strengthen whistle-blower protection to protect public servants, Scott Brison threw it in the garbage.

We had an operations committee on TV, with a commitment from Scott Brison to come back to explain what his government was doing. He did not come back. For five months before he left the House, left Parliament, he refused to come back. I hope the new President of the Treasury Board will come back and explain what the government is going to do to protect public servants.

Think about it. Almost two-thirds, 63%, of people at CBSA are afraid to come forward for fear of reprisal. In the operations committee, we heard what some of these reprisals were. Lives were destroyed, people were thrown out of work or blackballed from work. We heard of someone who brought up an issue where the government actually sued the person.

When the whistle-blower blew the whistle on the Liberal government's payout to Omar Khadr, Liberals were not concerned about paying a confessed murderer $10.5 million. They spent tens of thousands of dollars investigating and going after the whistle-blower.

We have all the parties in the government saying CBSA officers are valued workers. The CBSA workers are saying they do not trust their senior managers or the government. We have a serious issue and I hope we will address these issues in ongoing legislation.

Another issue that came up is that 57% do not have confidence in senior management. These are the same workers who we are expecting to be exposed, in a way, and held to trial, in a way, by this new oversight process. It does not mention the oversight of the management, nor does it mention the fact that perhaps there is a culture of fear within the department. Again, I look forward to these things being hashed out at committee so we have a proper system.

Also, 51% do not believe senior management act ethically. Think about it. These are the people who are supposed to be stopping smuggled goods, protecting us from bad people coming across the border and dealing with hundreds of billions of dollars of trade throughout the year. However, 51% do not believe their managers act ethically, and 63% do not believe they can come forward to the government to bring this up without reprisals against them. Again, I hope these issues are brought up.

We have a lot of problems at CBSA. This is from the departmental plan the government tabled as part of the estimates process. Ralph Goodale tabled it last year, but these are some of the Liberals' goals for the coming year.

The percentage of high-risk commercial goods targeted by CBSA examined at the border was 94%, and 96% under the Conservatives. The Liberals' goal for this year we do not know. It actually says “to be decided”. Last year, the government put the goal for this year as “to be decided”.

For the percentage of threats identified that lead to an enforcement action or inadmissibility recommendation, the goal was 18%. They are saying only 18% of the threats identified would actually be held to enforcement. They are saying 80% of threats identified, they are not going to go after. This is a problem.

The percentage of high-priority foreign nationals removed for issues such as war crimes is 80%. They have dropped their goal from previous years, so their goal is only to remove 80% of war criminals from Canada.

The reason I bring this up is that it is a serious problem. If we look at the same departmental plan tabled by the government, over the next two years the Liberals are cutting $410 million from the budget, according to their plans. This is on top of $150 million that was cut from last year to this year.

The government wants to do this, this and this, but it is actually doing something completely opposite. I hope the government will get on track and support CBSA, and we will get on track and support this bill if it does so.

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February 7th, 2020 / 1:25 p.m.
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Liberal

Patricia Lattanzio Liberal Saint-Léonard—Saint-Michel, QC

Madam Speaker, I appreciate this opportunity to add my voice to the debate of Bill C-3 at second reading. This important piece of legislation would amend the Canada Border Services Agency Act and the Royal Canadian Mounted Police Act to establish a new public complaints and review commission for both organizations. This would give the CBSA its own independent review body for the first time.

Transparency and accountability are extremely important in any context. That certainly includes the public safety and national security sphere. Canadians need to have trust and confidence in the people and agencies that work so hard to protect them. Right now, among the family of organizations that make up the public safety portfolio, only the CBSA lacks a full-fledged independent review body dedicated to it.

The RCMP has had such a body since 1988, the Civilian Review and Complaints Commission for the RCMP. The CRCC reviews complaints from the public about conduct of RCMP members and conducts reviews when complainants are not satisfied with the RCMP's handling of their complaints. This process ensures public complaints are examined fairly and impartially.

Canada also has an office of the correctional investigator, which provides independent oversight of Correctional Service Canada. The correctional investigator essentially serves as an ombudsman for federal offenders. The main responsibility of the office is to investigate and try to resolve offender complaints. The office is also responsible for reviewing and making recommendations on CSC policies and procedures related to those complaints, the goal being to ensure areas of concern are identified and appropriately addressed.

The CBSA really stands out in this context.

Before I go any further, it is important to point out that a fair number of CBSA's activities are already subject to independent oversight through existing bodies. Customs-related matters, for example, are handled by the Canadian International Trade Tribunal. With the passage of Bill C-59, the CBSA's national security-related activities are now being overseen by Canada's new National Security and Intelligence Review Agency. This agency is an independent, external body that can report on any national security or intelligence-related activity carried out by federal departments and agencies. It has the legal mandate and expertise to review national security activities and serves an important accountability function in our democracy.

However, a major piece is missing in the architecture of public safety and national security oversight and accountability. There is currently no mechanism for public complaints about the CBSA to be heard and considered. That is a significant oversight, given the scope of the agency's mandate and the sheer volume of its interactions with the public.

CBSA employees deal with thousands of people each day and tens of millions each year. They do so at approximately 1,200 service points across Canada and at 39 international airports and locations. In the last fiscal year alone, border officers interacted with 96 million travellers, both Canadians and foreign nationals, and that is just one aspect of its business. It is a massive, complex and impressive operation. We can all be proud of having such a professional, world-class border services agency.

In the vast majority of cases, the CBSA's interactions with the public happen without incident. Our employees work with the utmost professionalism in delivering border services to those entering the country. However, on rare occasions, and for whatever reason, things go less than smoothly. That is not unusual. People are human and we cannot expect everything they do will be perfect all the time. However, that does not mean there should not be a fair and appropriate way for people to air their grievances. If people are unhappy with the way they were treated at the border, or the level of service they received, they need to know that someone will hear their complaint in an independent manner. Needless to say, that is currently not the case.

The way things currently work is that if a member of the public makes a complaint about the CBSA, it is handled internally. In other words, the CBSA investigates itself. In recent years, a number of parliamentarians, commentators and observers have raised concerns about this problematic accountability gap. To rectify the situation, they have called for an independent review body specific to the CBSA. Bill C-3 would answer that call.

Under Bill C-3, the existing Civilian Review and Complaints Commission for the RCMP would be given new powers and remain the public complaints and review commission, or PCRC. The newly established PCRC would consider complaints related to conduct or service issues involving either CBSA or RCMP employees. Those who believe they have had a negative interaction with a CBSA employee would have the option of turning to the PCRC for remedy and would have one year to do so.

The same would continue to be the case with respect to the RCMP. This would apply to Canadian citizens, permanent residents and foreign nationals. That includes people detained in CBSA's immigration holding centres, who would be able to submit complaints related to their conditions of detention or treatment while in detention.

The complaints function is just one part of the proposed new PCRC. The commission would also have an important review function. It would conduct reviews related to non-national security activities involving CBSA and the RCMP, since national security, as I noted earlier, is now in the purview of the National Security and Intelligence Review Agency. The findings and recommendations of the PCRC would be non-binding. However, the CBSA would be required to provide a response to those findings and recommendations for all the complaints. I believe that combining these functions into one agency is the best way forward.

The existing CRCC already performs these functions for the RCMP, and the proposals in the bill would build on the success and expertise it has developed. Combining efforts may also generate efficiencies of scale and allow for resources to be allocated to priority areas. On that note, I certainly recognize that additional resources would be required for the PCRC, given its proposed new responsibilities and what that would mean in terms of workload.

That is why I am pleased that budget 2019 included nearly $25 million over five years, starting this fiscal year, and an additional $6.83 million per year ongoing to expand the mandate of the CRCC. That funding commitment has also been positively received by stakeholders. With Bill C-3, the government is taking a major step toward enhancing CBSA independent review and accountability in a big way.

I was encouraged to see an apparent consensus of support for this bill in our debate so far. As we know, just eight months ago, the previous form of this bill, Bill C-98, received all-party support during third reading in the House during the last Parliament. In reintroducing this bill, we have taken into consideration points that were previously raised by the opposition parties, and we hope to rely on their continued support.

The changes proposed in Bill C-3 are appropriate and long overdue. They would give Canadians greater confidence in the border agencies that serve them and they would bring Canada in line with international norms in democratic countries. That includes the systems already in place with some of our closest allies, such the U.K., Australia and New Zealand.

I am proud to be supporting this important piece of legislation. I will be voting in favour of this bill at second reading and I urge all of my hon. colleagues to do the same when the time comes.

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February 7th, 2020 / 1:10 p.m.
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Liberal

Ryan Turnbull Liberal Whitby, ON

Mr. Speaker, I think this is an important consideration. Of course, penalties that are awarded have to suit the actual misconduct that was found. In Bill C-3, which I took the initiative to read through last night, there are significant protections and safeguards within it. I really think it gives this new independent review body the ability to investigate, call witnesses and really look at complaints in due course, and provide reports.

I do not think that the independent review body is able to penalize or award those penalties, as far as I have read, but it is an important consideration. I am sure we will have more discussion at committee.

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February 7th, 2020 / 1 p.m.
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Liberal

Ryan Turnbull Liberal Whitby, ON

Madam Speaker, I am pleased to take part in this debate on Bill C-3, which is an uncontroversial starting place for this Parliament, given the fact that there is quite broad support.

Clearly, an independent review body for the Canada Border Services Agency is a significant and welcome proposal. This is not only because it strengthens accountability and trust among Canadians, but also because it improves Canadians' overall experience with our world-class border services.

In travel and trade, Canadians have come to expect exceptional service at the border. For the overwhelming number of people who cross our borders each day, that is what they receive: exceptional service. With 96 million interactions with travellers each year, there will inevitably be a few mistakes made. We have all heard that it is relatively small, in terms of the number of complaints, but still significant enough that it merits an independent review body.

The other thing I would like to say is that lots of activity at our border is a testament to what we have achieved in Canada. It marks a healthy country and a healthy economy.

When it happens that there are complaints, we need to ensure that our system is as accountable as it can be for Canadians. Internationally, when we are compared to our closest allies, Canada is alone in not having a dedicated review body for complaints regarding our border agency. In fact, the U.S., Britain, Australia and New Zealand all have these independent review bodies. Domestically, the CBSA is the only organization within the public safety portfolio that does not have an independent review body.

While most CBSA activities, such as customs and immigration decisions, are already subject to independent review, that is not the case when dealing with public complaints related to CBSA employee conduct and service. When thinking of large service organizations, and I have worked for a few, it is quite common to have these independent review mechanisms. People can provide feedback; it is really crucial for constant improvement in public service, and I would say it is considered a best practice.

That is why Bill C-3 is the next logical step. We have made major inroads in ensuring the accountability and review of our public safety agencies, including CSIS, RCMP and the Correctional Service of Canada. Under these proposals, if we are once again able to secure all-party support, as Bill C-98 did just eight months ago, we will welcome the newly minted public complaints and review commission, PCRC. This would be an important new tool for Canadians, building on the existing Civilian Review and Complaints Commission for the RCMP.

The PCRC would have the strong mandate of reviewing public complaints about both CBSA and RCMP employee conduct or service issues, with the exception, of course, of national security issues. What does that mean? That means Canadians can continue to expect fair, consistent and equal treatment at our border. This builds public trust, which I know we all believe in. It would mean more opportunities for the CBSA to enhance its services, developing service standards that broadly cover our border services agency.

I know that everyone in this House would agree that these proposed new measures are critical for an organization that deals with an incredible volume of travellers and trade around the clock. I would like to remind members that complaints could come from a wide variety of issues, not just the conduct of officers. For example, let us say I have had an excessive wait time, long lineups or security checks that are improperly conducted. I could then, with this initiative, register a complaint. The PCRC would be there to ensure the complaint was heard, processed and examined in a thorough and timely way.

I would also like to remind the House that it would not just be a mechanism for receiving complaints; it would also review non-national security activities carried out by the CBSA and RCMP, providing Canadians with public reports on those activities. For example, it would help us find answers to key questions like whether the CBSA's policies and procedures are adequate, appropriate and sufficient; whether the CBSA is compliant with the law and with ministerial directions; and whether the CBSA is using its authorities in a reasonable and necessary way.

When the proposed new PCRC reports its findings on these matters, the CBSA must respond. This is a critical tool to have in place. Independent review processes are well known and create the objective third party mechanism to encourage the reporting of any misconduct and any other feedback. I think that is important.

Particularly, as I mentioned before, as we move toward the border of the future, Canada's airports, for example, are faced with growing numbers of air travellers as business and leisure continue to globalize with volumes rising across all lines of business. Security and international considerations are becoming more complex. Technologies like blockchain are developing and changing rapidly, with a wide impact on border services.

The border of the future will allow for faster processing of goods and travellers, better intelligence and more seamless travel for everyone. Whatever the future brings, the CBSA understands the need to think and act broadly and to be responsive to the needs of Canadians and the world. It also understands that when problems arise in this changing environment, it cannot be expected to review them all internally. An arm's-length, independent review body must be put in place. That would allow the CBSA to focus on consistent and fair service for Canadians as it meets the challenges of the future and it would give the public confidence that they have recourse when problems do arise, however few they may be.

Bill C-3 would bring Canada more closely in line with other countries' accountability bodies for their border agencies, including those of our Five Eyes allies. This is all about providing border services that keep Canadians safe and improve public trust and confidence. This bill would ensure that the public can continue to expect consistent, fair and equal treatment by CBSA employees.

I encourage all members of the House to join me in moving this important bill forward.

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

Nelly Shin Conservative Port Moody—Coquitlam, BC

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tom Kmiec Conservative Calgary Shepard, AB

Madam Speaker, I was listening to my colleague's speech. Bill C-3 is being brought forward early in this Parliament.

Could the member explain her thoughts about the opportunities that will exist at the committee level to bring in actual border guards, and I do not mean union representatives, I mean individuals who will be using the rules herein, to have their voices heard and does she think that would be a good idea?

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February 7th, 2020 / 12:35 p.m.
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Ottawa West—Nepean Ontario

Liberal

Anita Vandenbeld LiberalParliamentary Secretary to the Minister of National Defence

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Dan Albas Conservative Central Okanagan—Similkameen—Nicola, BC

Mr. Speaker, it is always an honour to participate in a debate in this chamber.

Also on many occasions, as we have come to expect in this place, it is not uncommon for members of the official opposition to debate in opposition to a government bill.

I am afraid that will not be the case today. I am participating in the debate on Bill C-3, an act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other acts. I will support this measure.

I have been asked why, as a member of the opposition, I would participate in a debate on a bill that I support.

It is a fair question. The answer, from my perspective, is why I am here today to take part in this debate.

For my first term of office I was elected in a riding that is very close to the U.S. border. Some parts of the riding I currently represent are a very short car ride to the Canada-U.S. border.

As other members of this place will know, when one's riding is either very near or includes a Canada-U.S. border crossing, one will deal with some significant and challenging border issues.

I want to share one of these challenging border issues with the House.

Not long after I was first elected, the provincial MLA in my region contacted me, a newly minted MP. The priest at a temple in the area, who legally lives in Canada, had gone on a weekend jaunt to the United States.

Upon return to Canada, at the Canadian border, the priest was detained for a period of time before ultimately being released with a seven-day deportation order.

The reason given by the Canada Border Services Agency for the deportation order was that the priest was not legally living in Canada. There was a problem, however. For whatever reason, the officers dealing with the priest that day wanted nothing of it. The MLA who had first been alerted to the situation tried to intervene on behalf of the priest.

To put it bluntly, that member of the Legislative Assembly of British Columbia was blown off. When the issue hit my desk, there were just four days before the deportation. From reviewing the paperwork, it was very clear an injustice had occurred, but what was the recourse? Where was the accountability?

It was, from my perspective, an alarming situation.

Because his paperwork had not been reviewed, because he had been issued a deportation order without a valid reason, and because I find it very troubling that power was being exercised with no oversight, I ended up sharing my concerns directly with the minister at the time.

From my experience, I have come to know that there are those ministers who run their departments, and there are also those ministers who are run by their departments. Fortunately, the minister at the time knew that department inside out and had the courage to tell the department they had made an error.

An injustice was remedied and the deportation order was cancelled. I am proud to announce that the priest is still in Canada and that he is now serving the city of Merritt. His family is proud of his new country. I am not here to take the credit. If anyone should get the credit it is the provincial MLA who reached out to me and is now retired.

Of course I will fully credit the minister for not hiding behind the department, as some ministers are prone to do.

While ultimately this was a quiet, good news story at the time, there was one further bit of troubling information for me.

I learned that the CBSA officers involved in this case were able to change the facts afterwards. In other words, the facts were changed after the incident. They were changed in such a way that the reasons for the deportation order were completely different than the reasons given initially. Although I am pleased with the outcome for the priest, the matter is engraved on my memory. I often wonder about this situation.

What would have happened if this man was not a fairly well-known priest who called his MLA for help?

What would have happened had the MLA refused to help him and said that it was a federal jurisdiction?

What would have happened if the MLA was a member of the opposition party?

At that time, I was on the same side of the House as the government. What if the minister in question was one who hid behind the department, as some like to do?

We could make many other assumptions, but practically none would result in a situation where justice is served.

I think we all know that there never really has been serious accountability at the border crossing, and this applies to both sides. Will this bill be the answer?

It is difficult to say. We shall see.

We all know that, if the bill passes, the public complaints review commission would be created and would incorporate the existing Civilian Review and Complaints Commission, the review agency for the Royal Canadian Mounted Police. This would be a large oversight body with two different mandates between the RCMP and CBSA.

Given the challenges in the very complex review process of the RCMP, it remains to be seen how adding CBSA into the fold would work. However, this process deserves the opportunity to attempt to succeed.

There is no question in my mind, and from what I have heard today from many in this room, that more accountability is needed at border crossings. While I do not mean to belittle us as members of Parliament, we cannot always hope that a member of Parliament is the solution for incorrect events that occur at the border.

For these reasons, I am prepared to support this legislation. I believe the legislation is a reasonable and needed effort to provide more accountability for what occurs at our border crossings.

I appreciate your presence today, Mr. Speaker, and I appreciate all the members of this great House, and I would like to thank them for listening to me so intently. I look forward to hearing both their questions and comments, and hopefully we can share something to the benefit of the Canadian public.

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

Marie-France Lalonde Liberal Orléans, ON

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

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

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

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

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

Marie-France Lalonde Liberal Orléans, ON

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Kelly McCauley Conservative Edmonton West, AB

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

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

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

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

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

Tom Kmiec Conservative Calgary Shepard, AB

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

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

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

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

Jack Harris NDP St. John's East, NL

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

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

Tom Kmiec Conservative Calgary Shepard, AB

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Jacques Gourde Conservative Lévis—Lotbinière, QC

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I want to thank the member for Mississauga—Streetsville for sharing his profound passion on this topic with the House and for the work he put into preparing those detailed remarks he gave to the House on Bill C-3 today.

Further to what the member said, does he think that this oversight body might take up the issue of increased illegal border crossing, if questions come to the oversight body related to that? I did not really hear an answer from the previous member. What is the government doing about this challenge of the growing flows across our border from the United States?

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

Gagan Sikand Liberal Mississauga—Streetsville, ON

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Ginette Petitpas Taylor Liberal Moncton—Riverview—Dieppe, NB

Madam Speaker, I am extremely pleased that all members of the House, I believe, are supporting Bill C-3.

All of us in the House recognize that it is extremely important to have in place an independent review and complaint process, as we certainly want to make sure that all of our constituents are protected. That is, again, why we are extremely pleased.

The RCMP and other government departments have these types of independent review processes in place. That is why we are moving forward to put resources and the necessary investments in place to make sure that when such complaints come forward, our constituents will be afforded an opportunity to make a complaint that will be investigated by an independent body.

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

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

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

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

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

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

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February 6th, 2020 / 6:30 p.m.
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Liberal

Ginette Petitpas Taylor Liberal Moncton—Riverview—Dieppe, NB

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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February 6th, 2020 / 6:10 p.m.
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Conservative

Richard Lehoux Conservative Beauce, QC

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

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

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

I am pleased to take part in the debate on Bill C-3, an act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other acts, which will create a review body that is at arm's length from the Canada Border Services Agency.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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February 6th, 2020 / 6 p.m.
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Conservative

Tony Baldinelli Conservative Niagara Falls, ON

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

I rise in the House today to support the government's Bill C-3, An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Acts. This bill makes two key changes to the Civilian Review and Complaints Commission for the RCMP. First, it will rename this agency to be called the public complaints and review commission. This bill will also expand the agency's responsibility.

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

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

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

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

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

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

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

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

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

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

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

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

It is my hope to see this reasonable bill be passed through the House of Commons, once again, in a timely manner, given its simple reintroduction without change and its recent history of going through the House of Commons parliamentary process with relative ease. Changing legislation is just one important part of implementing Bill C-3; funding it is another. Budget 2019 proposed to invest $24.42 million over five years starting in 2019-20, and $6.83 million per year ongoing, to expand the mandate of the Civilian Review and Complaints Commission for the RCMP. I look forward to reviewing budget 2020 for any updates to this funding, once budget 2020 has been published and passed later this spring. In the meantime, I am pleased to support Bill C-3 at second reading.

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February 6th, 2020 / 6 p.m.
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Liberal

Élisabeth Brière Liberal Sherbrooke, QC

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

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

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February 6th, 2020 / 5:55 p.m.
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Liberal

Brenda Shanahan Liberal Châteauguay—Lacolle, QC

Madam Speaker, I thank my colleague for her speech.

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

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

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February 6th, 2020 / 5:55 p.m.
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Liberal

Élisabeth Brière Liberal Sherbrooke, QC

Madam Speaker, I thank my colleague for his question.

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

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

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February 6th, 2020 / 5:50 p.m.
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Liberal

Élisabeth Brière Liberal Sherbrooke, QC

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

This is what Bill C-3 aims to do.

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

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

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

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

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

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

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

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February 6th, 2020 / 5:45 p.m.
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Sherbrooke Québec

Liberal

Élisabeth Brière LiberalParliamentary Secretary to the Minister of Economic Development and Official Languages (Economic Development Agency of Canada for the Regions of Quebec)

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

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

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

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

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

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

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February 6th, 2020 / 5:35 p.m.
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Liberal

Emmanuella Lambropoulos Liberal Saint-Laurent, QC

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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February 6th, 2020 / 5:15 p.m.
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Bloc

Christine Normandin Bloc Saint-Jean, QC

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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February 6th, 2020 / 5:10 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

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

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

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

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

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February 6th, 2020 / 5:10 p.m.
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Conservative

Kevin Waugh Conservative Saskatoon—Grasswood, SK

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

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

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February 6th, 2020 / 5 p.m.
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Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the President of the Queen’s Privy Council for Canada and to the Leader of the Government in the House of Commons

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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February 6th, 2020 / 4:55 p.m.
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NDP

Matthew Green NDP Hamilton Centre, ON

Mr. Speaker, while I applaud Bill C-3 on its civil liberty enhancements, the Preclearance Act, Bill C-23 under the previous government, allows U.S. Customs and Border Protection agencies to detain and question people indefinitely, without allowing them representation or the ability to leave pre-clearance detainment while on Canadian soil. As the act says, “No action or other proceeding of a civil nature may be brought against a preclearance officer in respect of anything that is done or omitted in the exercise of their...duties and functions under this [legislation].”

What oversight are we going to provide to Canadian citizens in pre-clearance on Canadian soil with United States Customs and Border Protection?

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February 6th, 2020 / 4:45 p.m.
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Liberal

Lloyd Longfield Liberal Guelph, ON

Mr. Speaker, I will be splitting my time with the hon. member for Winnipeg North. Congratulations on the 150th anniversary of Manitoba that he spoke about earlier. I was born in Manitoba. “Go, Manitoba.”

A dear friend of mine in Guelph passed away today. I found out this afternoon that Ken Hammill passed away. He was a mentor and wanted the citizens of Guelph and across Canada to be engaged. He was a city councillor for 29 years. He was a friend of Guelph, and we will very dearly miss him. All my best to Eileen and his kids and grandkids. I will be missing time with him at Rotary and in coffee shops talking about the kinds of things we are talking about today.

We are talking about Bill C-3, an act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other acts. We are talking about introducing legislation that has come to the House before. It was here in the last Parliament. It came to us originally through the Senate. It is needed legislation. Right now we are the only country within the Five Eyes that does not have public oversight over border services, which is something we need to correct.

Also, this is the last agency with the power of detention in law enforcement to have independent oversight, as has been mentioned in other speeches in the House today.

The volume of interactions has been increasing and will continue to increase as we have trade agreements with the EU and the United States, hopefully coming through very soon with CPTPP. There will be a lot more interactions going on at the border. Review agencies like this would help us with those interactions, as well as to see whether we are keeping up with policy and whether we are giving tools to the people at the border, who do the wonderful job they do, to keep us safe and to keep products and people coming and going to and from the country in a safe way.

The independent oversight provides an avenue for a non-governmental agency, an agency that is not connected with politics and is really independent, to look, as a citizen of the country, at whether the country is being served by the institution, to review complaints, and to provide citizen engagement and oversight.

It is very important that this legislation gets through the House this time. It is good to see that it is coming into the House early in our mandate and hopefully will get all the way through second reading, the committee work, to third reading and the Senate to get back to us in time to receive royal assent.

The case for independent oversight has been mentioned by several members today. We are talking about civil liberties. We are talking about how important it is, when we give authority over civil liberties, that it is then scrutinized by independent agencies as well as by the agencies themselves. They must have the means and professionalism to make sure that jobs are being conducted with respect for civil liberties within the policies they are given from Parliament, as well as through the Supreme Court.

It is important that the decisions are transparent and accountable, as was mentioned across the way, and timely. Maybe the committee could focus on making sure that we are being responsive. Decisions on forced detention and law enforcement have to be made a priority, because we are talking about the civil liberties of people who live in Canada. This is so important to our freedom and citizenship, but also to keeping our country safe.

With 96 million travellers coming into Canada, it is important that processes are applied consistently, fairly and without prejudice. We know that the professionalism of the staff is there. In fact, there is now a television show that shows some of the situations that people working for CBSA get into. People try to mislead them to get into the country under different pretenses. The professionalism that is shown on TV is, I am sure, the type of professionalism that we see every day. However, there will still be complaints, and we need a way to deal with those.

Guelph is not a border town. Places like Windsor and Niagara are clearly border towns, but Guelph is within easy access of a lot of Canada's borders. With the volume that goes through Sarnia, Windsor, Niagara, the ports of Fort Erie, the airports of London, Windsor, Hamilton and Waterloo, Guelph has a lot of connections that need CBSA's services.

When I travel on the shuttle back and forth to the airport, I meet a lot of people coming to the University of Guelph. These students come from different countries. There are researchers and professors. People visit Guelph for business. Twenty-five per cent of Guelph's employment is involved in manufacturing, and a lot of people and products go across borders several times. As we build the car of the future, as an example, we need to have free and open access the border, but we need to ensure we do it in the proper way.

Guelph receives 800 immigrants a year who settle there. Immigrants come with family members who want to see them in their new home. A lot of people want to reunite with families, and CBSA agents play a very human role. They are the first faces that many people see when they come to Canada.

The CBSA really does a lot of wonderful things to keep our communities safe, protect shipments and ensure our products move properly. Guelph is very appreciative of the work of the CBSA.

Guelph is part of the Great Lakes region. If it were a separate country, it would be the third-largest GDP in the world, with $6 trillion U.S., home to 107 million people, supporting 50 million jobs, and growing. We need to look at the importance of our border within the region to ensure it is successful in all ways, through safety, environmental success and economic success. How does this happen? How do we implement legislation? What changes are we talking about?

It is interesting that this legislation started in the other place through the great work of former Senator Wilfred Moore. It passed third reading in the previous Parliament. However, sometimes we do not get all the way across the finish line. We simply run out of time. Therefore, it is good to see the bill in the House early in the schedule.

When enacted, the RCMP oversight body will be expanded to include CBSA activities, as well as RCMP activities, under a separate group of people, renaming the existing Civilian Review and Complaints Commission to the public review and complaints commission. People will be tasked to look at CBSA and will share some administrative duties, but groups of experts will help with any complaints coming into the CBSA.

With all of this activity going on, 2,500 complaints came through the CBSA last year. What do we need to do to improve policy? Are we giving people the right tools to do the job? How do we have public oversight, which is really what we are talking about today?

The PCRC needs to have flexibility to organize its internal structure and give staff members, and there were some questions in the House today about what they need to do their jobs and how to organize things together.

Currently, complaints from the public regarding the level service are handled through an internal process, which will still exist, but there will also be this external process. Hopefully this will build public trust and show that we are being transparent and trying to meet the needs of Canadians. It comes down to citizen engagement.

The independent review requires citizens to step forward to help us ensure we do the right job on their behalf. It also asks citizens to tell us when we need to improve. In business, we talk about customer relationship management. Really, citizenship is active engagement to ensure that as customers of government services, they get the services they need.

It is important that we separate political influence from the implementation of policy. This external review will help us to do that. We will work on better solutions together through this independent review agency.

I look forward to the bill passing in the House in an appropriate amount of time so it can be enacted in this Parliament.

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February 6th, 2020 / 4:45 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I thank the member for Shefford and congratulate her again on getting elected.

I think that this bill fails to address the issue of cybersecurity. It is a key issue because we have agencies that we are trying to improve. However, Bill C-3 is fairly limited in scope.

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February 6th, 2020 / 4:30 p.m.
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Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I want to thank members of the Conservative Party for organizing their speeches to allow me to have a portion of their time.

I am very pleased to see this bill come forward. We worked on it in the 42nd Parliament as Bill C-98 when it had a different name, but there are some concerns.

I would like to split up my time to talk about what the Canada Border Services Agency is, what it does, what the problems are and whether this bill would fix them. I will try to move quite smartly through that description.

We have in Canada national security agencies, such as the RCMP, the Canadian Security Intelligence Service, the Communications Security Establishment, which is a bit of a different animal, and the Canada Border Services Agency. They essentially are a collection of national security intelligence agencies that work with each other. As of now, the Canada Border Services Agency is the only one that operates without either oversight or a complaints process, yet it does have extraordinary powers.

The Canada Border Services Agency's powers at the border are superior to those of the police. They have powers to arrest, detain and remove people from Canada. This is a profound power, the ability to have someone deported. I want to underscore this for members because we need to get a review of our immigration and refugee law on another occasion. This bill does not have the scope for it. The previous government under Mr. Harper changed the deportation rule from deporting people as soon as is practicable to as soon as it is possible. That has resulted in a lot of people being thrown out of Canada more quickly than I think most Canadians would find fair, and certainly with disastrous consequences on a humanitarian ground.

The CBSA authorities can prevent people from entering Canada. They can conduct interviews with refugee claimants when they have lost their first opportunity to explain why they wish asylum. They can detain refugee claimants on any number of grounds. They can issue removal orders and send a person out of Canada without an admissibility hearing. In other words, they have enormous powers. By the way, a review of the agency, which I found extremely informative, was issued in 2017 by the British Columbia Civil Liberties Association.

The question is whether, with all of these powers, everything is going very well. It is not perfect by any means. There are literally, as we have heard from other speakers, hundreds of complaints every year, but many of them are of a rather routine nature. They are unpleasant but they are accusations of racism and unpleasant comments.

I know that we want to thank the vast majority of members of the Canada Border Services Agency at the borders. We need them to be focused on stopping the flow of illegal drugs. We need them to stop the flow of illegal handguns. I think it would be well worthwhile as a public policy matter to stop having it be a priority to find people whose citizenship is irregular and deport them in a hurry. A lot of families are ripped apart by this and it would be much wiser to focus on those things that we know we want to stop at the border, such as drugs and guns, not necessarily people.

This brings me to one of the most tragic of many tragic stories. This one led to an inquiry. Unfortunately, it was in the form of an inquest because the woman in question died.

Her name was Lucia Vega Jimenez. She was stopped at a transit stop in Vancouver and transit police thought there was something unusual about her. It has been alleged it was her accent. It turned out that her citizenship papers were irregular. They turned her over to the Canada Border Services Agency and she was incorrectly advised. The inquest proved that she had been incorrectly advised that she had no hope of avoiding deportation and that there were no appeals. That was not correct. She hanged herself in her cell. The inquest then was able to find that there was a lot of discussion within the agency of how to cover this up, what to do if people found out. It is long overdue to have this kind of a complaints commission.

We now have another change that is worth looking at because we are in a new era of national security law. We have the National Security and Intelligence Review Agency. It has the ability to have oversight over what all the agencies do, but it does not take complaints in the same way that this complaints commission would take complaints.

The public complaints and review commission, which is renamed from the public complaints commission that only looked at the RCMP, would now take on the Canada Border Services Agency. I will be voting for this bill at second reading. I do want to see this bill get to committee.

However, the concern I have is that there are a number of excluded areas that the complaints commission cannot look into. We need to look at those and recognize that while the larger agency, the National Security and Intelligence Review Agency, can give a summary and an overview of how the CBSA has been performing in these areas, people cannot make complaints in the same way.

Complaints cannot be made about the agencies in Bill C-3 that we are debating today. They cannot be made about decisions made by CBSA employees under statutory authorities. This of course includes one of the key areas where abusive behaviour has been reported and is of greatest concern, where people are detained and can die or could be deported and die in a country they should never have been sent back to: the statutory authorities under the Immigration and Refugee Protection Act and under the Customs Act.

It cannot receive complaints about matters that could be more appropriately dealt with by other bodies, such as the Canadian Human Rights Commission, the Commissioner of Official Languages, and the Privacy Commissioner.

This one is really disturbing. It cannot receive complaints on the conduct of part-time employees at detention facilities where CBSA detainees are being housed. That is particularly concerning, because it goes on to actually say that the CBSA would not even be required to investigate complaints that relate to part-time employees.

We need to look at the whole scheme of things where things can go wrong and make sure that in this legislation we fix it as much as possible.

The other matter that is added to Bill C-3 which was not there in the previous Bill C-98 is that national security matters cannot be the source of a complaint.

There is good reason for that in policy because, after all, the National Security and Intelligence Review Agency can look at the overview of what CBSA has been doing on national security matters. That is quite a different matter from saying someone cannot complain. The complaints are direct. They are personal. They deal with an actual incident. The review agency is going to look at the whole of the conduct as best as it can as an oversight agency.

I would be very interested to know if we cannot look at the CBSA in this bill and consider whether amendments would not be wise to say that any of the activities of the CBSA and its agents can come before the complaints commission. The complaints commission, if it knows of a better place, could make sure that takes place, as opposed to sending someone away, someone who has been traumatized by an episode at the border and sent away.

People may not know. Even if they are told to take the complaint somewhere, they may just stop. They may not want to go through a revolving door. The complaints commission could have a positive obligation not just to inform a person where to go but to actually take it on, organize the hearing and make sure it is started, make sure complaints are not ignored.

On the matter of national security complaints, I am very concerned about this. One of the places where the CBSA was first studied was in the context of the Arar commission of inquiry. Mr. Justice O'Connor, who was the commissioner in the Arar inquiry, commented:

The CBSA often operates in a manner similar to that of a police force. There is a significant potential for the CBSA’s activities to affect individual rights, dignity and well-being, and much of the national security activity undertaken is not disclosed to the public.

I am concerned that we not inadvertently miss an important piece of oversight, an important piece of justice to anyone who happens to be, and I certainly do not think it happens routinely, traumatized.

In my own experience, I had no idea there was a detention facility under the Vancouver airport where people are deported quite quickly, until the family of an indigenous man from Penelakut Island, not in my riding but nearby, reached out to me for help. It was in 2014. The issue was that CBSA agents had shown up at the door of his home. He is a grandfather, an indigenous man, living on Penelakut Island, whose wife was a residential school survivor. Without warning, they arrested him. They had sent him notices that he had missed. They put him in leg irons. They drove him in a van on that December night all the way to the Vancouver airport, where he was told it was hopeless and that he would be deported the next day back to the United States where he had been born. They did not say there was something called the Jay Treaty regarding indigenous rights. They just said that was it.

Fortunately, we were able to stop the deportation but it was not easy. It did give me an insight into what goes on.

I want to make sure this legislation will work. It needs amendments.

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February 6th, 2020 / 4:15 p.m.
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Conservative

Jeremy Patzer Conservative Cypress Hills—Grasslands, SK

Mr. Speaker, I will be splitting my time today with the member for Saanich—Gulf Islands.

We are considering Bill C-3, which would reorganize the RCMP's Civilian Review and Complaints Commission while extending independent oversight to the Canada Border Services Agency and the RCMP.

This past Monday was the RCMP's 100th anniversary, and part of the celebration includes a campaign to designate February 1 nationwide as RCMP appreciation day. I want to take this opportunity to acknowledge and thank RCMP officers for the tireless and important work they do. I also want to thank our Canadian border agents for everything they are doing to protect our country. There are four official crossings in my riding: Rockglen, Monchy, Climax and Willow Creek.

Conservatives believe in checks and balances, parliamentary ethics and the rule of law. To better promote these values, we support increased transparency, accessibility and accountability for government agencies. It is the right thing to do and it shows proper respect to citizens and taxpayers.

As a Conservative, I support the fundamental idea behind this bill, and I hope that expanded oversight will start to make a real difference. It is in line with our party's principles and vision for our country's future. It is one thing to have good ideas and intentions; we must also do our due diligence and make sure that this will be implemented and applied properly.

After the House votes on this, we will be waiting as the opposition to see how this new public complaints and review commission will work out in practice and whether it results in real improvements.

Responsibility means more than receiving people's complaints. We cannot be responsible without offering a response. We need to make sure that there is an effective response made in a reasonable amount of time whenever someone raises concerns related to law enforcement, such as with the RCMP or CBSA.

The main change proposed by this bill involves recreating and transitioning a government agency, and that is what raises the very practical point of timeliness and effectiveness as part of its operations. The RCMP has already had independent oversight since 1988, and it was established as the current Civilian Review and Complaints Commission for the RCMP, or the CRCC, back in 2013.

I have spent some time reading further into the CRCC's more recent work. I could not help but notice that there appears to be a pattern with its investigations since 2007, at least for those posted on the CRCC's website. It takes anywhere from three to seven years to get a final report on the findings of an investigation and the recommendations following from it. It is good to know that it is conducting a thorough review of the complaint, but the fact remains that it is taking a long time in the process.

Presumably, if the RCMP decides to implement any changes into its organization or policies, this will not be an overnight process either. It could take a long time to draft new policy or prepare for any changes addressing the areas that have been reviewed and criticized by the commission. All of this means that from start to finish we might realistically expect the process will go on for years and years, possibly even up to a decade in some cases. These kinds of timelines would likely dissuade too many people from even bothering to file a complaint at all. If people do not have the confidence to report an issue, it will defeat the original purpose of having a review process.

That is exactly what we want to avoid. We want Canadians to call attention to the real problems they are experiencing so there can be an investigation and fair treatment for anyone who is involved. Most importantly, we want to make sure problems get corrected as quickly as possible to prevent similar incidents from occurring.

For the final reports that were available for me to look through, the number of findings ranged anywhere from five to over 55 per incident and the recommendations ranged anywhere from one to 31. Further, I could not help but notice that there is one additional point that is missing after looking at these reports, and that is which and how many of the recommendations have been accepted and specifically implemented into RCMP policy moving forward.

I would like to see a review and report on the results of these final recommendations. It would be a valuable piece of information for the general public to be aware of whenever we are talking about all the different cases being studied. Again, I believe that a civilian oversight is the right approach. This all has to do with providing transparency and maintaining trust in the RCMP and CBSA, whom we entrusted with the public safety of our rural areas in Canada and our border crossings.

Respecting and maintaining public trust is extremely important. That is why it only makes sense to have a similar commission in place for the CBSA. If we are going to be broadening this oversight to the CBSA, then this would be the right time to also ensure that there are accurate reporting mechanisms on whether changes are implemented or not. The CBSA is another organization that the public has a great deal of respect for, based on the scope of the important job we have entrusted to it.

CBSA workers are routinely put in the uncomfortable spot of searching vehicles, belongings and persons, whether it be at an airport or a port of entry along the Canada-U.S.A. border. In the course of carrying out these searches and interviews as part of their duties, I would think that having oversight and review in place would help everyone involved feel more secure in these situations.

There is something else I noticed about the CRCC's current review process. At every stage of the review process, when initiated by the chairman, it goes to the Minister of Public Safety. At face value, it makes sense for the agency to work with the appropriate minister. The fact that there are provisions for this to happen in this bill, as well as before, is not an issue by itself. It goes back to an old question in politics: Who will watch the watchmen?

This is not an empty political cheap shot either. Our real problem is that we still have a Prime Minister and a government that have shown disregard for how our processes are supposed to work. We repeatedly saw their interference in the SNC-Lavalin affair, hiding behind cabinet confidentiality and insisting on limitations for witness testimony and the RCMP's investigation. Will they be able to resist the temptation to interfere in other areas? These are the kinds of real questions that people have across Canada.

In this past campaign I heard repeatedly that Liberal interference in the justice system was a big concern and, at the time, Liberals rallied with their leadership instead of with their former colleagues who were speaking out with integrity. Canadians have seen examples of the Liberals over the last year showing that they cannot trust them with staying out of business that is not theirs to dabble in.

I need to make it absolutely clear by saying again that we have the greatest respect and admiration for active members in both the RCMP and the CBSA. We are proud of their service, and this bill should be one of the ways in which we work with them to best serve the public good. Members in both of these organizations need to be included in our close consideration of this bill. For that reason, my colleagues and I are concerned on this side of the House about the reported lack of consultation with representatives for police officers and border agents. This concern was expressed during the rushed debate on this same bill at the end of the last Parliament, and it was raised again by the member for Kootenay—Columbia, who previously had a long career with the RCMP himself.

Supporting the idea of oversight in this bill does not mean we will not call for proper consultation and otherwise carefully consider it during committee. There are some unanswered questions about how the new commission will operate and we need to make sure that the bill is strong and well balanced for succeeding with its intended goal.

Since we are taking the time to discuss the RCMP as it relates to this legislation, I need to say something about its work in my riding and across Canada. Back home, I have attended five town halls around my riding regarding the RCMP's operations. There are huge concerns related to the number of officers in different places and the response times to emergency calls. This has left too many people feeling unsafe in their own homes. We are dealing with many terrible cases of violent crime. We are seeing an increase in the illicit drug trade with fentanyl and methamphetamine becoming a big problem.

The people in rural communities committing crimes are no longer just the local bad boys. They are large, coordinated crime groups and gangs coming out from the cities and from other provinces to commit organized and targeted crime. In a specific example recently in my riding, an off-duty RCMP officer saw three vehicles speeding in excess of 150 kilometres an hour. These three vehicles were headed to British Columbia with two young girls, who were being taken to be victimized by human traffickers. Thankfully, this story has a happy ending with the suspects being apprehended and the girls returned home safely.

This is the larger problem we have to deal with whenever we are considering public safety and how we can best support our law enforcement. I am looking for a solution that will significantly reduce rural crime and I am not sure that this bill really has much to say for that type of issue. Even though rural Canadians on the ground, provinces and some of my colleagues have been repeatedly raising this issue for a while, we have not seen or heard much about it from the government. We are still waiting for a response.

That being said, I look forward to further studying Bill C-3. We can only hope the government will respect and learn from this bill's spirit and principles of accountability.

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February 6th, 2020 / 4:10 p.m.
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Liberal

Iqra Khalid Liberal Mississauga—Erin Mills, ON

Mr. Speaker, I believe 380 million dollars' worth of investments are being made. Tens of thousands of CBSA employees provide excellent service to people travelling across our borders, and we commend the hard work they do.

The member opposite is right. We must ensure that all of our public service and government agencies that provide that support to Canadians are well maintained, well funded and efficient. That is why Bill C-3 is so necessary. It helps us create those efficiencies, fix the process and iron out any kinks that exist in the service the CBSA officers provide to people across the country.

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February 6th, 2020 / 4:10 p.m.
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Liberal

Iqra Khalid Liberal Mississauga—Erin Mills, ON

Mr. Speaker, in the last Parliament, I had a constituent call me who was frazzled and embarrassed. He did not know where to go when he felt he had been discriminated against at the border. He had a complaint to file against the CBSA and felt there was no recourse for him. He had nowhere to go to lodge such a complaint, which could have been used in a positive way to improve the process of how the CBSA operates at our borders.

There are hundreds of stories like this across our communities. They are good examples as to how Bill C-3 would impact Canadians daily. Whether they are travelling for business or pleasure, they are coming into and out of our country as some of the millions of people who move across our borders annually.

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February 6th, 2020 / 4:05 p.m.
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Liberal

Iqra Khalid Liberal Mississauga—Erin Mills, ON

Mr. Speaker, before I begin my remarks, I would like to say it is wonderful to see you in that chair again. I am looking forward to following the great work that you have been doing in this Parliament and many others in the past.

I welcome the opportunity to add my voice to the debate of Bill C-3 at second reading. This bill would establish a public complaints and review commission by making amendments to the CBSA Act and the RCMP Act.

This is a tool for people to be heard. It would build on the existing Civilian Review and Complaints Commission, which is the independent review and complaints body for the RCMP. This new commission would then consider public complaints about both CBSA and RCMP employee conduct on service issues, except those related to national security. The review of national security activities is conducted by the National Security and Intelligence Review Agency.

For nearly 16 years, the CBSA has been an integral part of how we protect Canadians and maintain a peaceful and safe society. The over 14,000 women and men of the CBSA provide trusted, fair and equal treatment to the public they serve every day.

Most, if not all, of us here in the House interact with CBSA employees multiple times a year, if not every week. That might occur at one of the 117 land border crossings CBSA manages, at one of the 13 international airports at which it operates, at one of Canada's numerous marinas or major ports, or at one of 27 rail sites across the country.

In fiscal year 2018-19 alone, CBSA employees interacted with over 96 million travellers, conducted over four million traveller examinations, processed over 21 million commercial shipments and 46 million courier shipments. Their jobs include interdicting illegal goods, protecting food safety, enforcing trade remedies and removing or detaining those who may pose a threat or are otherwise inadmissible. I know I speak on behalf of all of us in the House when I commend their professionalism and dedication.

If I ever had a complaint to lodge against any government agency, I would like to be assured that the complaint was investigated and assessed independently. That is what citizens of our peer countries have come to expect, and it is what Canadians should expect as well.

Bill C-3 would fill a gap in our security review landscape. The CBSA is the only organization in the public safety portfolio without its own review body. The review mechanism we are proposing has long been sought after.

Allow me to take a look at the support for creating such a body. The Canadian Human Rights Commission has said, “we have joined the call for independent monitoring and oversight of the Canada Border Services Agency in relation to migrants and other foreign nationals in detention.” That is on top of similar calls to action from civil liberties associations and refugee lawyers, to name just a few. That is on top of numerous calls to enhance CBSA accountability and transparency.

In December 2015, the Hon. Senator Moore introduced Bill S-205 in the other place, proposing the creation of an inspector general to consider such complaints. In that same year, the report by the Standing Senate Committee on National Security and Defence, entitled “Vigilance, Accountability and Security at Canada's Borders”, made a similar recommendation. The committee recommended that the “Government of Canada establish an independent, civilian review and complaints body for all Canada Border Services Agency activities.”

We took that one step further. With respect to national security activities, we have brought into force a separate National Security and Intelligence Review Agency. That agency has the authority to review national security and intelligence-related functions across government, including the CBSA. To be clear, Bill C-3 would allow for independent review of non-national security activities only.

The new public complaints and review commission would not only be required to investigate complaints it receives, but would also be able to conduct its own investigations, self-initiate complaints and produce an annual public report on its findings. These are all welcome and long-sought-after changes.

Indeed, it is difficult to imagine any major contentions with this bill. It fills the critical gap in providing an independent review for complaints relating to CBSA employee conduct and service. It ensures all immigration detainees have access to an independent complaints mechanism. It provides ongoing capacity for conducting reviews that can lead to organizational enhancements. It clarifies the framework governing CBSA's response to serious incidents. It enhances accountability and transparency, and promotes public confidence. It brings us in line with our Five Eyes allies in other developed countries and their processes.

Our government is committed to creating robust accountability and transparency mechanisms that ensure the public is confident in our public safety institutions. That is important for Canadians, including for the trade and travel communities within Canada. It is also important for the CBSA. The proposed new public complaints and review commission would be accessible to all individuals who interact with CBSA employees. This would impact thousands of people daily and tens of millions annually.

Bill C-3 is thorough, comprehensive legislation that neatly responds to the calls to action of many over the years. I encourage all members to join me in supporting this bill and moving it through Parliament in this sitting session.

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February 6th, 2020 / 4 p.m.
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Liberal

Majid Jowhari Liberal Richmond Hill, ON

Mr. Speaker, once again, I would like to thank the hon. member for his advocacy. As the hon. member mentioned, he has been at the forefront of this for many years, and I am glad to hear that he will be supporting this bill.

As far as the consultation is concerned, I believe that there were a number of consultations done for us to get to this stage. I am confident that once this bill makes it to committee, further consultation will be conducted and, if need be, union members from CBSA or other members will be called, if needed, to amend and further strengthen the bill.

As far as the timing is concerned, this is something that will be decided by the ministry and the minister. As the bill number indicates, Bill C-3 is the first bill initiated in this House, and I am sure that there is strong support for early adoption and full implementation of the bill.

Again, I thank the hon. member for supporting this bill.

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February 6th, 2020 / 3:50 p.m.
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Liberal

Majid Jowhari Liberal Richmond Hill, ON

Mr. Speaker, I would like to inform you that I will be splitting my time with the hon. member for Mississauga—Erin Mills.

As it is my first time rising in the 43rd Parliament, I would like to extend my heartfelt thanks to the constituents of Richmond Hill, who bestowed on me the honour of representing them in the House. I thank my campaign manager, my riding association executive and the over 100 volunteers and friends who worked so hard to help me get re-elected.

I would especially like to acknowledge and thank my wife Homeira; my daughter Nickta and my son Meilaud, who have supported me in my political life over the past five years.

I am pleased to have this opportunity to rise at second reading of Bill C-3. The bill proposes to create an independent review and complaint mechanism for the Canada Border Services Agency, the CBSA. I would like to highlight five significant components of the bill.

First, it would provide for civilian oversight.

Second, it would strengthen the accountability and transparency of the CBSA.

Third, it would ensure consistent, fair and equal treatment to all when receiving services.

Fourth, it would complement and align with other measures being taken by our government to create independent review functions for national security agencies.

Fifth, it would close a significant gap with the other Five Eyes international border agencies.

Such mechanisms help to promote public confidence by strengthening accountability. They ensure that complaints regarding employee conduct and service are dealt with transparently. CSIS, the RCMP and the Correctional Service of Canada are already subject to that kind of accountability.

Among the organizations that make up Canada's public safety portfolio, only the CBSA does not currently have a review body to handle public complaints. Bill C-3 would fill that glaring gap and build on recent accountability and transparency reforms introduced by the Government of Canada.

One of those reforms is the newly created National Security and Intelligence Committee of Parliamentarians. This new body addresses a long-standing need for parliamentarians to review the government's national security and intelligence activities and operations, including those involving the CBSA. Its members have unprecedented access to classified information.

As the Prime Minister has said, it “will help us ensure that our national security agencies continue to keep Canadians safe in a way that also safeguards our values, rights, and freedoms.”

The government has also brought into force a new expert review body, thanks to the passage of Bill C-59, called the National Security and Intelligence Review Agency.

This new agency will greatly enhance how Canada's national security agencies are held to account. It will establish a single, independent agency authorized to conduct reviews on national security and intelligence activities carried out by departments and agencies across the Government of Canada, including the CBSA.

The legislation before us today would go one step further by establishing an independent review and complaints function for the CBSA's other activities. Those activities play a critical role in our country's security and economic prosperity. They facilitate the efficient flow of people and goods across our border to support our economy, while protecting the health and safety of Canadians.

In keeping with its sweeping mandate, the scale of the CBSA's operations and the number of people and goods it deals with are enormous. CBSA employees deliver a wide range of services at more than 1,000 locations, including 117 land border crossings, 13 international airports and 39 international offices.

The agency's employees are diligent and hard-working. In 2018-19, they interacted with more than 96 million travellers and processed more than 19 million commercial shipments and 54 million courier shipments.

The vast majority of the CBSA's interactions and transactions go off without a hitch. However, when dealing with more than a quarter of a million people each day, and nearly 100 million each year, the occasional complaint is inevitable. Each year the CBSA recourse directorate receives approximately 2,500 complaints concerning employee conduct and services.

Last summer, as I was knocking on doors in my riding of Richmond Hill, I talked to many residents, Canadian citizens and permanent residents alike, who regularly crossed the borders to and from the U.S. They shared their challenges with wait times, extensive and intrusive repeated questioning and the feeling of inferiority that it left them with. Repeatedly, they raised their concern about their inability to get answers about the way they were treated and their frustration with the lack of an independent body to raise their concerns.

However, as I noted earlier, there is currently no independent review body that people can turn to when they are unsatisfied with the level of service or the conduct of an officer at the border. That accountability gap has generated considerable public interest and been regularly raised by parliamentarians.

On that note, I would like to recognize and thank the now-retired Wilfred Moore for his advocacy on this issue with the introduction of Bill S-205 in the other place.

There have also been numerous calls by stakeholders and NGOs to improve CBSA accountability and transparency. The Canadian Civil Liberties Association said that it considered “such a gap as being incompatible with democratic values and with a need for public trust in such an important agency.”

According to the late Professor Ron Atkey of York University, the lack of CBSA oversight presented “a problem in the makeup of the current security intelligence review mechanism”. He added that the creation of the committee of parliamentarians should not be considered as a substitute for independent expert review bodies, which he suggested should be extended to cover CBSA.

That is exactly what Bill C-3 would do. It proposes to establish an independent review mechanism for the CBSA by expanding and strengthening the existing Civilian Review and Complaints Commission, or CRCC. The CRCC is currently the review agency for the RCMP.

To reflect its proposed new responsibilities under Bill C-3, it will be renamed the public complaints and review commission, or PCRC. The proposed new PCRC will be responsible for handling reviews and complaints for both the CBSA and the RCMP. The PCRC will be accessible to anyone who interacts with CBSA employees and has complaints about the conduct of CBSA officers and the quality of services.

The PCRC will also have the ability to conduct reviews of the CBSA on its own initiative or at the request of the Minister of Public Safety. Those reviews could focus on any activity conducted by the CBSA, with the exception of national security matters.

With the passage of Bill C-59, the National Security and Intelligence Review Agency will be responsible for complaints and reviews relating to national security, including those involving the RCMP and CBSA. The PCRC will work in a complementary manner with the proposed new National Security and Intelligence Review Agency. Provisions in Bill C-3 will facilitate information sharing and co-operation between the two bodies. If the PCRC were to receive those types of complaints, it would refer the complainants to the appropriate body.

By providing an independent arms-length mechanism for people to be heard, Bill C-3 would make them more comfortable to come forward with a complaint. That, in turn, would help ensure that Canadians would remain confident in the system of accountability for the agencies that work so hard to keep them safe.

That is why I urge hon. members of the House to join me in supporting this important legislation at second reading.

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February 6th, 2020 / 3:40 p.m.
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Louis-Hébert Québec

Liberal

Joël Lightbound LiberalParliamentary Secretary to the Minister of Public Safety and Emergency Preparedness

Mr. Speaker, I thank my colleague, the member for Charlesbourg—Haute-Saint-Charles, for his speech.

I would like to correct one of his figures, since we agree on the facts themselves. Yes, the previous Conservative government cut the Canada Border Services Agency's budget. However, it was not cut by $300 million, but rather $390 million. The Conservatives eliminated more than 1,000 CBSA jobs, and we all know how that turned out.

I do not agree with his reading of the facts. A number of analysts do not agree with the version put forward by the member for Charlesbourg—Haute-Saint-Charles regarding the consequences those cuts had on the CBSA. In his speech, he talked about the importance of increasing CBSA's human and financial resources. Indeed the border is difficult to protect. It is important to properly equip the men and women who defend and monitor it.

In that regard, I find it hard to understand why the member's party voted against the 2019 budget, which increased the CBSA budget by $382 million, resulting in the hiring of 560 full-time employees, including 350 border security officers next year. That is significant.

The Conservatives also voted against Bill C-37, which allowed border services officers to search for 30-gram packages of fentanyl. We know that this can cause up to 15,000 deaths. We invested $33 million in the Canada Border Services Agency specifically for this initiative, which prevents drugs such as fentanyl to reach the Canadian market. We know the consequences this can have.

Now for my question for my hon. colleague. Does he agree with our government's reinvestments following the budget cuts made by the previous Conservative government?

I appreciate that he will support Bill C-3, which has not changed in recent months from when it was originally introduced in the House.

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February 6th, 2020 / 3:20 p.m.
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Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, thank you for laying down the law.

This bill changes the name of the Civilian Review and Complaints Commission for the RCMP to the public complaints and review commission. Under this new name, the commission will also be responsible for reviewing public complaints against the Canada Border Services Agency.

The bill follows on a promise made by the Liberals to ensure that all law enforcement agencies in Canada are monitored by an oversight group. We agree that all Canadian law enforcement agencies must have an oversight group. Canadians must be respected and protected from potential abuse of power. We must all make sure that the agency does its job to the letter and in compliance with Canadian legislation.

Our party’s vision of Canadian security has always prioritized maintaining the integrity of our borders and making sure that the CBSA has appropriate resources in terms of staff and equipment. A public complaints review commission will undoubtedly improve general oversight and help the CBSA exercise its duties and powers more effectively.

I have spoken at length with border services officers and listened to the union president. It is obvious that the problem at the border is not due to a lack of training or will on the part of the officers. On the contrary, the problem stems from a blatant lack of resources to support officers in their work.

When Bill C-98 was first tabled, the government had not even consulted the union. We raised this point in the debate on Bill C-98, but we got nowhere, since the government was in a rush to move forward. There was not enough time for the bill to be passed by the Senate. Today, the government is coming back to us with Bill C-3.

Even if we support the bill, we need to take the time to consult the union representing the CBSA and the RCMP, which we will probably do in committee. It is a good idea to create an agency to monitor the officers' work and give Canadians some power. We are completely in agreement with that, but the officers also have something to say. That is why I think it is important to listen to the union. There needs to be a balance between the two.

Since 2015, our Liberal friends have constantly said that they consult Canadians on various issues. However, in the case of Bill C-3, there have been no consultations.

I would like to talk about the challenges faced by the Canada Border Services Agency. A lot has been said in recent years. Members will recall the Prime Minister’s famous tweet from January 2017. At a time when the United States was in turmoil, the Prime Minister tweeted to the world that Canada would welcome everyone with open arms. That created a situation at the border that is still ongoing. Close to 50,000 people who read the Prime Minister’s tweet came to cross the border at Roxham Road in Quebec. Some came through Manitoba, but most came through Roxham Road. These people crossed our border believing that they would be welcomed with open arms.

The RCMP had to mobilize enormous resources. In 2017, officers from across Canada were sent to Roxham Road. The CBSA also had to mobilize resources to receive the people who thought they would simply be welcomed to Canada.

The problem is still going on. The government is trying to make us believe that nothing is going on, but that is not true. Every day, 40 to 50 people cross the border at Roxham Road. The financial and human resources costs are massive. In a report last year, the Office of the Auditor General examined all of the federal agencies involved, including public safety, immigration and other federal services. In three years, we have spent more than $1 billion on federal services alone. That figure does not include costs to the provinces.

Quebec calculated its costs for the first year. Just for costs associated with receiving the asylum seekers, Quebec applied for a reimbursement of $300 million. Ontario followed suit. Quebec was reimbursed before the election campaign because our Liberal friends knew that this was a very sensitive subject for Quebeckers.

We Quebeckers are a hospitable people. We like people, but we also like order. Now we are in a situation where there is no order. No one, myself included, can understand why people are being allowed to enter our country, and specifically Quebec, illegally.

That being said, the Conservatives have often been called racists in debate and in question period. It is very upsetting to be called a racist. The people who come to the border are of different ethnic origins, but that does not make us racist. We are simply asking for effective border control. That starts with a duly completed immigration application. Of course Canada welcomes refugees, as it always has. Even when the Conservatives were in power, we always supported taking in refugees from UN camps around the world.

Let us get back to our officers. We are going to pass a law that will allow the public to file complaints against RCMP and CBSA officers. We should try to see things from our officers' perspective. They are being asked to do things that they may find distasteful. I remember going to Roxham Road three or four times to watch our officers at work. I saw police officers there, RCMP officers, whose job is to enforce law and order.

People arrived with suitcases, knowing full well that they were entering Canada illegally, but they were taking advantage of a loophole in the Canada-U.S. safe third country agreement. The warm-hearted RCMP officers carried the people’s suitcases across the border to help them enter Canada illegally. This created a conflict in the officers’ minds. On the one hand, since they have big hearts, they have no choice but to help children, as is only right. On the other hand, their job is to enforce the law.

I would remind members that the Prime Minister created this situation on Roxham Road, which has been going on for exactly three years now. People do not realize that the government has even built a building there that is equipped with systems and all the necessary technology. When people get out of a taxi at Roxham Road, they can walk down a small road that leads directly to this reception centre, which is the equivalent of a regular border crossing.

That makes no sense, and we are in this mess because the Liberals cannot negotiate with the Americans to change a rule that prevents us from putting an end to the situation. Let's not forget the financial repercussions for Canada, which are huge.

In addition, our officers have to deal with another serious problem, namely drugs and weapons being smuggled across the border. The RCMP and CBSA officers find their work very hard and complex. In addition to their working conditions, which are obviously less than ideal, the rules in effect and the way the boundaries are delineated sometimes prevent the officers from doing their job properly, despite their best efforts.

We share a border with certain indigenous reserves and with the United States, and international rules make our officers’ work far more complicated. This means that a lot of illegal drugs and weapons are entering Canada and contributing to crime.

It is important to understand that criminals, especially Toronto gangs, get their weapons illegally. Huge numbers of weapons cross the U.S. border or arrive by ship in Montreal or Vancouver. We are therefore asking the government to invest major human and financial resources to fight this type of crime.

The influx of drugs like fentanyl is a serious threat to officers' health. At Canada Post, CBSA officers randomly inspect packages entering Canada, and those packages may contain extremely dangerous substances. A tiny dose of fentanyl or any opioid can be fatal. We need to keep in mind that this kind of work can be hugely stressful for individuals, just as it is for members of the military.

This bill will make it possible for members of the public to complain about deliberate or accidental conduct on the part of RCMP or CBSA officers.

Still, we need to understand the position we are putting these officers in and be judicious. That is why we have to listen to what the officers' union has to say.

The examples I gave earlier illustrate situations in which officers have to make decisions. They have to face dangerous situations. Sometimes, if they react reflexively or have to make snap decisions, they may say or do things they should not.

For this reason, I hope that the commission that reviews the complaints will have a balanced approach. I find that the blame too often falls on officials, police officers and the military. When I was in the army, we were often aware of this during operational deployments. I remember very well that, during the war in Bosnia, we often had to follow UN rules and send soldiers into a conflict zone and tell them that, if they made a mistake or did something wrong, we would not be there to defend them. They would be responsible for their actions.

We were representing our country, going to a war zone in a foreign country, but, at the same time, we were being warned to be careful not to get into trouble, otherwise we would be on our own.

This type of situation often causes psychological stress for RCMP officers and border service officials. At some point, these people wonder whether or not they should take action. If, for fear of reprisal, they decide not to take action, this may create a situation that will cause problems elsewhere. In the case of drug control, for example, if the official is afraid to take action, the drugs will end up somewhere else. I do not have any concrete examples to give, but I believe that everyone listening to us can understand what I am trying to say.

I would also like to briefly address our correctional services. I know that correctional services are not covered by Bill C-3. However, I would like to remind the House that, when we discussed Bill C-83 during the last Parliament, there was talk about the various resources available to Canada’s penitentiaries.

First, I would like to talk about syringes. Syringes were not part of Bill C-83. However, penitentiaries were asked to give prisoners syringes. The government provides prisoners with syringes, and they inject drugs illegally obtained in prison. It can be difficult to accept and understand how drugs could be illegally obtained in prison and how syringes could be provided so that prisoners can inject these illegally obtained drugs.

Ideally, we should be preventing prisoners from obtaining drugs in prison. There is an easy way to do so, as set out in Bill C-83, and that is to acquire body scanners. Body scanners like the ones in airports, but more sophisticated, can detect 95% or more of anything hidden on a visitor’s body, whether drugs or other contraband. I will not list all the things that can be carried in a human body, but a body scanner can find them. That way, the government could avoid having to provide prisoners with syringes.

At the moment, I can say that there is a great deal of concern within the correctional service. Officers who work in penitentiaries are concerned for their own safety. Despite the fact that there is supposedly a syringe control system in place, needles can, for all sorts of reasons, end up somewhere else, and prisoners can use them to create weapons and do various things.

We expect the government to make this investment and deploy the 47 scanners that are required across Canada as soon as possible.

There are policies for the Border Services Agency. I can say that I am proud of what was done by the former Conservative government. In debates over the past few years, we were blamed for cutting $300 million from the Border Services Agency budget. That is absolutely false. There have been budget cuts in administration, but line officers have never been affected by the cuts. We have evidence, reports from the Library of Parliament complete with exact figures.

I am also proud of the measures taken by our government at the time. Officers were asked to be alone at guard posts at night. Officers were completely alone, left to their own devices. It was excessively dangerous, so we saw to it that there would now be at least two people on duty. We also armed our border officers. They had no weapons previously. How is it possible to intercept someone or take action in dangerous situations without a weapon? That is why we took steps to ensure that Canada is better protected.

Beyond Bill C-3, which will give the public access to a complaints mechanism, our hope is to continue to work to improve border control and enhance Canada's overall security.

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February 6th, 2020 / 3:20 p.m.
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Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

The House resumed from January 29 consideration of the motion that Bill C-3, An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Acts, be read the second time and referred to a committee.

He said: Mr. Speaker, I am pleased to rise in the House to speak to Bill C-3, an act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other acts.

This bill follows on a Liberal campaign promise to ensure that there would be an oversight body for all Canadian law enforcement agencies. That is a promise that was made during the 2015 election campaign. That was five years ago, and it was supposed to be a priority.

This bill was introduced in the last Parliament as Bill C-98. However, the Senate did not have time to complete its analysis of this bill before the end of the Parliament. Our party supported Bill C-98 at every stage without amendment.

This bill changes the name of the—

Business of the HouseGovernment Orders

February 6th, 2020 / 3:20 p.m.
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Honoré-Mercier Québec

Liberal

Pablo Rodriguez LiberalLeader of the Government in the House of Commons

Mr. Speaker, this afternoon we will resume second reading debate on Bill C-3 on border security.

That debate will continue tomorrow. Next week we will be back in our ridings working with our constituents.

When we return, we will start debate on Bill C-5, an act to amend the Judges Act and the Criminal Code. Thursday, February 20 will be an allotted day.

I wish all members a good constituency week and hope they enjoy the time with their families.

Business of the HouseOral Questions

January 30th, 2020 / 3:10 p.m.
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Honoré-Mercier Québec

Liberal

Pablo Rodriguez LiberalLeader of the Government in the House of Commons

Mr. Speaker, this afternoon we will continue with second reading debate of our first key priority, the CUSMA implementation bill.

Next Monday and Wednesday, we will resume debate on Bill C-4, an act to implement the agreement between Canada, the United States of America and the United Mexican States.

Tuesday will be a supply day.

Next Thursday and Friday, we will continue debate on Bill C-3 on border services.

Public SafetyOral Questions

January 30th, 2020 / 2:45 p.m.
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Conservative

Pierre Paul-Hus Conservative Charlesbourg—Haute-Saint-Charles, QC

Mr. Speaker, yesterday, during the debate on Bill C-3, the Parliamentary Secretary to the Minister of Justice and Attorney General of Canada said, “The police should not be policing themselves.”

It is therefore understandable that Canadians find it unacceptable to hear the Prime Minister say that the Parole Board will investigate its own members in the case of Marylène Levesque's murder. An internal investigation is not enough.

Will the government allow an external investigation?

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January 29th, 2020 / 6:25 p.m.
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Liberal

Churence Rogers Liberal Bonavista—Burin—Trinity, NL

Mr. Speaker, I am grateful for the opportunity to rise in this House and add my voice to the debate on Bill C-3 which proposes to establish an arm's-length review and complaints function for the CBSA.

The bill before us builds on an action that our government had recently taken to strengthen accountability and transparency in the public safety and national security sphere. As members know, we passed legislation to create the National Security and Intelligence Committee of Parliamentarians, and that committee has now been established. Following the passage of Bill C-59, we also created a new National Security and Intelligence Review Agency. The goal of both of these bodies is to provide accountability for the national security work of all Government of Canada departments and agencies, including the CBSA.

Strong internal and external mechanisms are in place to address many of the CBSA's other activities. For example, certain decisions in the immigration context are subject to review by the Immigration and Refugee Board of Canada. Its customs decisions can be appealed to the Canadian International Trade Tribunal as well as to the Federal Court. However, the glaring gap that remains has to do with the public complaints related to the conduct of, and service provided by, CBSA employees.

There is simply no independent place to which people can turn when they have a grievance about the way they were treated by someone representing the CBSA. Without an independent body specifically tasked to hear complaints, it is easy to see how people can feel uncomfortable voicing any concerns. Bill C-3 would change that by establishing an independent review and complaints function for the CBSA. That new tool would be incorporated into, and benefit from the expertise and experience of, the existing Civilian Review and Complaints Commission, or CRCC, for the RCMP.

To reflect its new CBSA responsibilities, the CRCC would be renamed the “public complaints and review commission”, or PCRC. Members of the public who deal with the CBSA would be able to submit a complaint to any officer or employee of the agency or to the PCRC. The CBSA would conduct the initial investigation into a complaint, whether it is submitted to the CBSA or to the PCRC. However, the PCRC would have the ability to investigate any complaint that is considered to be in the public interest. It could also initiate a complaint proactively. In the event that a complainant was not satisfied with the CBSA's response to a complaint, he or she could ask the PCRC to review the CBSA's response. The PCRC would also have a mandate to conduct overarching reviews of specified activities of the CBSA. All of this would bring the CBSA in line with Canada's other public safety organizations, which are currently subject to independent review, and it would allow Canada to join the ranks of peer countries with respect to adding accountability functions for their border agencies.

Recourse through the PCRC would be available to anyone who interacts with CBSA or RCMP employees. This includes Canadian citizens, permanent residents and foreign nationals, including immigration detainees. Most of these detainees are held in CBSA-managed immigration holding centres. When that is not possible, CBSA detainees are placed in other facilities, including provincial correctional facilities. The CBSA has established agreements with B.C., Alberta, Ontario, Quebec and Nova Scotia for detention purposes.

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January 29th, 2020 / 6:10 p.m.
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Liberal

Ruby Sahota Liberal Brampton North, ON

Mr. Speaker, I would like to start off by saying that I will be sharing my time today with the member for Bonavista—Burin—Trinity.

I am grateful for the opportunity to add my voice to today's debate on Bill C-3, which proposes to establish an arm's-length review body for the Canada Border Services Agency.

The CBSA is already reviewed by several different independent boards, tribunals and courts. They scrutinize such things as the agency's customs and immigration decisions. However, there is no existing external review body for some of its other functions and activities.

For example, there is a gap when it comes to public complaints related to CBSA employee conduct and service. With the way things currently stand, there is also no independent review mechanism for the CBSA's non-national security activities. That makes the CBSA something of an outlier, both at home and abroad.

Other public safety organizations in Canada are subject to independent review, as are border agencies in a number of peer countries including the U.K., Australia, New Zealand and France. Addressing these accountability gaps through Bill C-3 would improve the CBSA's strength and would strengthen public confidence in the agency. It would ensure that the public could continue to expect consistent, fair and equal treatment by CBSA employees, and it would lead to opportunities for ongoing improvement in the CBSA's interactions and service delivery.

For an organization that deals with tens of millions of people each year, that is extremely important. Public complaints about the conduct of, and the service provided by, CBSA employees are currently dealt with only internally at the agency. I am sure all of my hon. colleagues would agree that this is no longer a tenable situation.

Under Bill C-3, these complaints would instead be handled by a new arm's-length public complaints and review commission, or PCRC. The new PCRC would build on and strengthen the existing Civilian Review and Complaints Commission, CRCC for short, which is currently the review agency for the RCMP. The CRCC would thus be given an expanded role under this bill and a new name to go along with its new responsibilities for the CBSA.

The PCRC would be able to receive and investigate complaints from the public regarding the conduct of the CBSA officials and the service provided by the CBSA. Service-related complaints could be about a number of issues. They could include border wait times and processing delays; lost or damaged postal items; the level of service provided; the examination process, including damage to goods or electronic devices during a search or examination; and CBSA infrastructure, including sufficient space, poor signage or the lack of available parking.

Service-related complaints do not include enforcement actions, such as fines for failing to pay duties, nor do they include trade decisions, such as tariff classification. Those types of decisions can already be considered by existing review mechanisms.

In addition to its complaints function, the PCRC would also review non-national security activities conducted by the RCMP and the CBSA. The PCRC reports would include findings and recommendations on the adequacy, appropriateness, sufficiency or clarity of CBSA policies, procedures and guidelines; the CBSA's compliance with the law and ministerial directions; and the reasonableness and necessity of the CBSA's use of its powers. The CBSA would be required to provide a response to those findings and recommendations for all complaints.

The creation of the PCRC is overdue. It would answer long-standing calls for an independent review of public complaints involving the CBSA.

According to former parliamentarian and chair of the NATO Association of Canada at Massey College, Hugh Segal, the lack of oversight for the CBSA is not appropriate and is unacceptable.

Former CBSA president Luc Portelance also said that when a Canadian citizen or a foreign national engages with a border officer and has a negative interaction, the entire review mechanism is not public. It is internal, and it is not seen as independent. In Mr. Portelance's view, that creates a significant problem in terms of public trust.

The Government of Canada has committed to rectifying this situation by addressing gaps in the CBSA's framework for external accountability.

With the introduction of Bill C-3, the government is delivering on that commitment. It builds on recent action taken by the government to strengthen accountability on national security matters. That includes passing legislation to establish the National Security and Intelligence Committee of Parliamentarians. It also includes the creation, through Bill C-59, of the new expert review body, the National Security and Intelligence Review Agency. These two bodies are now in operation and they are doing extremely important work in terms of reviewing the national security activities of all departments and agencies, including the CBSA.

Bill C-3 would go further by establishing a review and complaints function for CBSA's other activities. In doing so, it would fill the gap in the architecture of public safety accountability in this country. It would allow for independent review of public complaints related to CBSA employee conduct, issues regarding CBSA services, and the conditions and treatment of immigration detainees. With respect to these detainees specifically, Bill C-3 would offer additional safeguards to ensure that they are treated humanely and are provided with necessary resources and services while detained.

The introduction of this bill demonstrates a commitment to keeping Canadians safe and secure while treating people fairly and respecting human rights. It is a major step forward in ensuring that Canadians are confident in the accountability system for the agencies that work so hard to keep them safe.

For all the reasons I have outlined today, I will be voting in favour of Bill C-3 at second reading. I urge all of my hon. colleagues to join me in supporting the bill.

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January 29th, 2020 / 6 p.m.
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Conservative

Rob Morrison Conservative Kootenay—Columbia, BC

Mr. Speaker, as this is my first speech, I want to take the opportunity to thank the great people in the Kootenay—Columbia riding for putting their trust and faith in me to represent them in Ottawa. The support from my family and friends was incredible and from my wife, Heather and our five children, Ryan, Rob, Kassidy, Chelsea and Kendall.

With 80,000 square kilometres, it was very challenging to travel and meet residents from all corners of the riding. The campaign team and volunteers did an outstanding job, working long hours every day.

I listened to the concerns, the priorities for softwood lumber and priorities with the firearms legislation. I also want to talk about supporting the mining industry, tourism, the energy sector, Alberta, as it is neighbouring our riding, and health.

I am pleased to speak to Bill C-3, an act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act. I do so today on behalf of many border officials in ports of Kingsgate, Nelway, Porthill, Roosville and Rykerts, all within the riding of Kootenay—Columbia.

I thank them for their service and I thank the CBSA Kootenay area chief of operations for leadership and dedication in ensuring the safety and security of our area. I also support the RCMP, which provides municipal, rural, provincial and federal policing throughout the Kootenay—Columbia riding.

I want to take this opportunity to acknowledge the hard work and dedication of all the men and women who serve to protect this great nation from coast to coast.

One issue I heard when travelling throughout the riding was the word “accountability”, which is really interesting because that is exactly what we are talking about today.

I support internal investigations. In fact, I have been involved in many internal investigations in the RCMP in a 35-year career. I support independence. I believe we need independent investigations. It would be great to hear how this is going to work. I have not heard yet, with the delays in investigations. I know right now with the RCMP, which has an independent review, it is two, three or four years at least. We have some members on the old RCMP act and some members on the new act, and now we are going to change it again to have a new accountability process with this review committee.

I have heard some concerns about the consultation of CBSA with its union. I am also wondering about the consultation with the RCMP, as they are now working toward a union as well. Have we looked at the consultation there and have people come in? I look forward to the Standing Committee on Public Safety and National Security having people come in so we can talk to them and see how they feel about what is happening.

One of the most important things that has not been brought up is training and service standards. What are the service standards of CBSA? What are the service standards of the RCMP? What exactly is the role of an RCMP member? The review committee can then understand what that person is going to do, what they should be doing and what they should not be doing, so they do not, because they have no experience in law enforcement, for example, think that behaviour is inappropriate when maybe it is or vice versa.

Developing service standards is a requirement before we can move forward with the bill, so that the review committee has a clear understanding of the role for CBSA and the role for the RCMP.

One thing that came up at one of the last meetings of the public safety committee was administrative issues that were not expected. I would be interested to hear from the government what those administrative issues were. Was it the hiring of new people? Was it the service standards or was it a union? I do not understand what administrative issues would have popped up in December.

The RCMP and CBSA are very reputable organizations. I want to be up front. They would welcome a well-thought-out, well-trained independent review, but not something where someone is appointed and we would run into the same issues we are having right now with the Parole Board.

I request that the government and the public safety minister answer some of these questions so that we can move forward in supporting this bill and the changes proposed in it.

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January 29th, 2020 / 5:50 p.m.
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Conservative

Cathay Wagantall Conservative Yorkton—Melville, SK

Mr. Speaker, I stand today in this chamber and am pleased to speak for the first time as a re-elected member of Parliament for Yorkton—Melville. I and my fellow Saskatchewan caucus colleagues thank all our constituents for painting the province of Saskatchewan completely blue.

Bill C-3 actually mirrors Bill C-98, 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. As we all know, the bill took so long to introduce that it was not passed prior to the 2019 federal election.

This legislation proposes to repurpose and 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 will also be responsible for reviewing civilian complaints against the Canadian Border Services Agency. The bill would ensure that all Canadians law enforcement agencies would have an oversight body.

Canadians expect effective oversight of federal law enforcement agencies. The Liberals made a promise to do this in 2015.

During its previous mandate, the Liberal government took so long to act on this issue that Bill C-98 failed to be passed prior to the 2019 election.

The former Privy Council Office chief, Mel Cappe, had been hired to conduct an independent report and provide his recommendations in June 2017, which he did. However, it was only because of an access to information request by CBC News that Parliament even became aware of this report. For two years, the government and the then, and now no longer, public safety minister from Saskatchewan sat on that report.

We, who served in the previous Parliament, were counting down the days and nights until the session came to a close. Then, at the last possible moment, this rather straightforward and simple but essential legislation was finally introduced. Why did it take the previous majority Liberal government three and a half years to draft and introduce Bill C-98 to the House? In the eleventh hour, it was too late to deal with such a critical promise that impacted public safety.

The Liberals' poor management and bad decision-making impacted RCMP officers, who had to be deployed and dedicated to dealing with illegal border crossings. They were pulled from other details, from monitoring returned ISIS fighters, tackling organized crime. They were pulled from rural detachments, where the RCMP is already short staffed and dealing with an increase in rural crime. The claim that there are more police available in rural Canada is not true, a statement made and not followed through on.

When the Liberal majority government was ineptly unable to keep an election promise at the eleventh hour, so as to not appear to have broken even more promises, it meant an even longer wait, through the whole election process, through the weeks of delay before the House was finally called back by the Prime Minister to sit just before Christmas for a short time only to go into the winter break. Here we finally are today in a second attempt to get the job done of Bill C-3.

The government has been plagued by inefficiency and lack of foresight since the beginning of its first mandate, further hamstringed by one ethical breach after another, through brazen attitudes of entitlement, to the foolish boldness of demanding and coercing our independent justice system and principled people to bow to executive power.

Just this past week we have seen the frightening fallout of the government putting their friends ahead of good governance: A violent man sentenced to life in prison in 2006 for viciously murdering his wife was granted day parole in the fall of 2019. His case manager indicated a moderate risk of reoffending and he was to avoid relationships but could have encounters with women, as long as it was strictly sexual. As a result, a young woman lost her life.

Who in their right mind would create the environment for any woman to be put in harm's way like this? Ex-parole board commissioner Dave Blackburn stated that “such a condition is 'unbelievable'”.

The Liberal government has to take responsibility for a foolish decision it made in 2015 to not renew any parole board appointees, purely a political decision that removed all historical experience from the board and replaced them all, through the Privy Council, with Liberal appointees.

I believe the desk will be pleased, Mr. Speaker, to hear I will be splitting my time with the member for Kootenay—Columbia.

Since then, there has been a more than 25% increase in the awarding of day parole in Canada. This is ridiculous. Canadians have no faith that an internal inquiry will get to the bottom of the incompetence that falls on the Liberal government. An external inquiry of the national Parole Board must take place. The government does not have credibility when it comes to dealing with its own self-serving, intentional mistakes.

As well, we know the delay in bringing forward this legislation was not due in any way to so many consultations. As a matter of fact, again and again, we have heard from stakeholders that they were not consulted. From what I have heard today on the floor, that has not changed.

This legislation proposes changes to the Canada Border Services Agency, yet the Customs and Immigration Union was never contacted. This is another blatant inconsistency by the government. On one end, there was no consultation. On the other, there was the virtue signalling of setting up advisory councils for our veterans but doing nothing other than giving a platform for photo ops and the appearance of consultation before the reveal.

The fact that the Liberal government could not be bothered to consult the biggest stakeholders, the union representatives of the CBSA front-line workers, says it is not about the workers. It appears the Liberals feel they can pick and choose which unions they are going to give special treatment to while others are totally ignored.

Conservative members will work with the government in the interests of the principles of the bill, but rest assured we want to make sure that the people impacted are part of the committee review process. We want to ensure that proper committee time is taken to look at the changes to the RCMP Act and the CBSA Act, and make sure we are doing a service to the people who will be impacted by them, whether it is on a public complaints process or other elements.

As good as this policy is, it needs good government to implement it, not a government consistently mired in scandal that loses track of its responsibilities and then, concerned about its re-election, attempts to rush this legislation through irresponsibly. It does not need a government that is so out of touch that it fails to consult with the Canadians who would be impacted.

The government's approach demonstrates a complete lack of accountability, care and respect for Canadians. There is unrest across western Canada that must not be ignored. I would warn that we must no longer be fuelled by intentional actions that encourage that unrest instead of building consensus and recognizing and celebrating healthy interdependence across our amazing country.

Our nation, and all people of Canada, deserve a government that legislates responsibly, respectfully and with the best interests of all Canadians in mind. I look forward to the day we form that government.

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January 29th, 2020 / 5:45 p.m.
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Liberal

Pam Damoff Liberal Oakville North—Burlington, ON

Mr. Speaker, I will leave it to the Minister of Public Safety to bring forward any legislation. I am not going to presuppose what he will bring forward. I would echo what my colleague from Parkdale—High Park said about moving the ability to classify rifles away from politicians and to the RCMP.

I would challenge the member for Medicine Hat—Cardston—Warner that guns and gangs are taken very seriously by government. We are investing in law enforcement and youth, preventing youth from joining gangs and giving law enforcement the funding and tools they need to carry out and enforce laws, and we are investing in border services.

We have also ensured that when a criminal is convicted, firearms are forfeited to the Crown. That was in Bill C-71, and that measure was opposed by the Conservative Party. Rather than those guns going to a friend or relative, they are now forfeited to the Crown.

That said, the question has nothing to do with Bill C-3. I would call on my colleague from Medicine Hat—Cardston—Warner and other members in this House to support Bill C-3.

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January 29th, 2020 / 5:35 p.m.
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Oakville North—Burlington Ontario

Liberal

Pam Damoff LiberalParliamentary Secretary to the Minister of Indigenous Services

Mr. Speaker, it is an honour to rise today to speak to Bill C-3, which seeks to establish a new, independent public complaints and review body for the Canada Border Services Agency, or CBSA. This represents another step forward in the government's commitment to ensuring that all of its agencies and departments are accountable to Canadians.

As a member of the public safety committee during the last Parliament, I am quite proud to have participated in legislation that made remarkable change and took the number of measures we took to ensure greater accountability of our security agencies and departments.

Two years ago, our Bill C-22 received royal assent, establishing the National Security and Intelligence Committee of Parliamentarians. That addressed a long-standing need for parliamentarians to review the Government of Canada's activities and operations in regard to national security and intelligence. It has been in operation for some time now and is a strong addition to our system of national security review and accountability. As members will know, the committee has the power to review activities across government, including the CBSA.

To complement that, our committee studied our national security framework, as well as Bill C-59, which allowed for the creation of the National Security and Intelligence Review Agency, or NSIRA. NSIRA is also authorized to conduct reviews of any national security or intelligence activity carried out by federal departments and agencies, including the CBSA. All of this is on top of existing review and oversight mechanisms in the public safety portfolio.

The Civilian Review and Complaints Commission for the RCMP investigates complaints from the public about the conduct of members in the RCMP, for example, and does so in an open, independent and objective manner. The Office of the Correctional Investigator conducts independent, thorough and timely investigations about issues related to Correctional Service Canada.

Bill C-3 would fill a gap in the review of the activities of our public safety agencies. The existing Civilian Review and Complaints Commission, which is responsible for complaints against members of the RCMP, would see its name change to the public complaints and review commission and its mandate expanded to include the CBSA. It would be able to consider complaints against CBSA employee conduct or service, from foreign nationals, permanent residents and Canadian citizens, regardless of whether they are within or outside of Canada. Reviews of national security activities would be carried out by NSIRA.

Here is how it would work in practice. If an individual has a complaint unrelated to national security, she or he would be able to direct it either to the commission or to the CBSA. Both bodies would notify the other of any complaint made. The CBSA would be required to investigate any complaint, except those disposed of informally. The commission would be able to conduct its own investigation of the complaint in situations where the chairperson is of the opinion that doing so would be in the public interest. If an individual is not satisfied with the CBSA's response, the commission would be able to follow up as it sees fit.

The new PCRC would also be able to produce findings on the CBSA's policies, procedures and guidelines. It would also be able to review CBSA's activities, including making findings on CBSA's compliance with the law and the reasonableness and necessity of the exercise of its powers. Indeed, the commission's findings on each review would be published in a mandatory annual public report.

Bill C-3 not only fills a gap in our review system. It answers calls from the public and Parliament for independent review of CBSA. Most significantly, the Senate Standing Committee on National Security and Defence, in its 2015 report, encouraged the creation of an oversight body. I would like to acknowledge Bill S-205 from our last Parliament, introduced in the other place not long after the government took office, which proposed a CBSA review body as well.

Certainly we have heard from academics, experts and other stakeholders of the need to create a body with the authority to review CBSA. During testimony at the public safety committee on December 5, 2017, Alex Neve, secretary general of Amnesty International, said, “how crucial it is for the government to move rapidly to institute full, independent review of CBSA.” This was reflective of much of the testimony we heard, and I am pleased the government is acting on this advice. I would also like to acknowledge my colleague from Toronto—Danforth for her efforts and advocacy for the establishment of a CBSA review body.

The CBSA has a long and rich history of providing border services in an exemplary fashion. It does so through the collective contribution of over 14,000 dedicated professional women and men, women like Tamara Lopez from my community, who is a role model for young women looking for a career in the CBSA.

The CBSA already has robust internal and external mechanisms in place to address many of its activities. For example, certain immigration-related decisions are subject to review by the Immigration and Refugee Board of Canada, and its customs role can be appealed all the way up to the Federal Court.

That said, when it comes to the public, the CBSA should not be the only body receiving and following up on complaints about its own activities. Indeed, some Canadians might not be inclined to say a word if they do not have the confidence that their complaint will be treated independently, objectively and thoroughly. Bill C-3 would inspire that confidence.

The Government of Canada is committed to ensuring that all of its agencies and departments are accountable to Canadians. Bill C-3 would move the yardstick forward on that commitment. It would bring Canada more closely in line with the accountability bodies of border agencies in other countries, including those of our Five Eyes allies.

The accountability and transparency of our national security framework has improved greatly since we were elected in 2015. This bill would continue these efforts by providing border services that keep Canadians safe and by improving public trust and confidence. Bill C-3 would ensure that the public continues to expect consistent, fair and equal treatment by CBSA employees. That is why I am proud to stand behind Bill C-3 today.

In the last Parliament, the House of Commons unanimously passed Bill C-98, which was a bill to bring oversight to CBSA. Although that bill died in the Senate, it is my hope that all parties will again come together to pass this bill.

I listened to the member for Medicine Hat—Cardston—Warner speak earlier in this debate. He spoke at length about firearms and his petition opposing our promise to make Canadians safer by enhancing gun control. I would remind him that almost 80% of Canadians support a ban on military-style assault rifles according to an independent Angus Reid survey.

I know he and his party supported oversight of the CBSA in the last Parliament. I hope he and all members will join me in supporting oversight in this Parliament under Bill C-3 and assure the bill's passage this session.

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January 29th, 2020 / 5:20 p.m.
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Parkdale—High Park Ontario

Liberal

Arif Virani LiberalParliamentary Secretary to the Minister of Justice and Attorney General of Canada

Madam Speaker, I will be sharing my time with the member for Oakville North—Burlington.

I rise today to speak to the important debate about Bill C-3, which would entrench civilian oversight of the Canada Border Services Agency.

In following the debate thus far, I am very encouraged by the comments I have heard from the other side with respect to the importance of this kind of legislation, and its connection to the previous legislation that came forward in the last Parliament, notably Bill C-98.

Canadians know that the CBSA is an entity and an agency that ensures Canada's security and Canadians' prosperity by facilitating and overseeing international travel and trade across our border. What is important is that it ensures the free flow of goods and people across that border.

What is critical to understand is how vast the CBSA is in its scope. It has a staff of approximately 14,000 individuals operating a wide range of integrated border services. It operates in 1,000 locations at 117 land border crossings and 13 international airports, as well as in 39 international offices. It interacts with literally thousands of Canadians daily and millions of people yearly. In 2017-18, the statistics are quite staggering: 96 million travellers were processed in total during that one calendar year. That gives us a sense of the size and scope of the CBSA.

I am rising here today on behalf of my constituents in Parkdale—High Park, because there are extensive powers granted to CBSA officials, and that is for good reason. The agency needs extensive powers in order to operate and function effectively and carry out these important functions, but with extensive powers has to come extensive accountability.

This is what we would call a sine qua non, a critical component of what is required for any law enforcement agency in the country. What was lacking up until the introduction of this bill and eventual, hopefully, passage of the bill is that accountability piece.

Let us talk about those extensive powers. When they are protecting Canadians, CBSA officials have the authority to arrest, detain, search and seize, as well as the authority to use reasonable force when required. At the border, as many Canadians know, officers have the power to stop travellers for questioning, to take breath and blood samples, and to search, detain and arrest non-citizens without a warrant. These are very critical powers. These are very broad powers.

The list of powers I have just provided to the chamber underscores the critical need for oversight. The powers of detention, search and seizure and the use of force are important to the work that CBSA does. However, that work, which we want to ensure is successful, would be jeopardized if the Canadian public does not have the confidence that those extensive powers are being used legitimately and appropriately in conformity with the rights that are protected in this country.

There is a simple way to ensure that public confidence. In legal parlance, we talk about the administration of justice, or the administration of the regime, being held up to wide repute. That is to ensure that there is a transparent public oversight mechanism done by a civilian body.

That is what I hear about from my constituents in Parkdale—High Park. That is what I hear about in my role as Parliamentary Secretary to the Minister of Justice. People believe in entrenching law enforcement with certain powers because they understand the necessity of it, but there needs to be a counterbalance, which is a check on the illegitimate or inappropriate use of such powers which may occur in any policing body.

There is a cliché that applies to virtually everything that is done in law enforcement: The police should not be policing themselves. The investigators should not be investigating themselves. A body needs to be seen to be overseen by an external third party in order to ensure a measure of independence and a measure of neutrality. That is what we have critically with other law enforcement agencies in this country. That is what makes it so puzzling that we do not have it yet with the CBSA.

Let us turn to the RCMP, CSIS and Correctional Service Canada. They all have this independent form of review for their activities. It is critical. They have public trust in their institutions because of that oversight.

It is important that this bill would entrench that type of oversight, but is also important to think about who is supporting this kind of initiative. The B.C. Civil Liberties Association, the Canadian Council for Refugees and the Canadian Association of Refugee Lawyers have pointed out in numerous situations the need for independent investigation. They have cited examples. They are few but they are important, because of the scope of that work. They interact with 96 million travellers within a given year. That is staggering in terms of numbers.

Nevertheless, incidents have arisen over the last 10 to 15 years which bear dramatic scrutiny and highlight the need for this kind of civilian oversight.

In 2010, Kevon Philip was beaten to death in Toronto's Don Jail while being held in immigration detention. In 2013, Lucia Vega Jimenez was taken into custody at the Vancouver International Airport. She was found hanging in a shower stall at the airport's immigration holding centre. Abdurahman Ibrahim Hassan, a 39-year-old Toronto man, was granted refugee status in Canada after coming from Somalia in 1993. He died in June 2015 in a Peterborough hospital where he had been taken under police escort. He had spent four years at the Central East Correctional Centre in Lindsay after serving a jail term for a criminal conviction and was issued a deportation order in 2005.

All told, since 2000, at least 15 people have died while in CBSA custody, including a 50-year-old woman who died in a maximum security prison in 2017. That track record has prompted Amnesty International, a well-known organization that all of us respect in this chamber, to call for an independent review body. That call has been echoed by my constituents and others that I have interacted with, not just in Parkdale—High Park but throughout the country. The call is simple: Let us pull back the curtain. Let us assure Canadians that the significant powers that have, of necessity, been granted to the CBSA to do its important work are at all times exercised appropriately, in accordance with the charter and with Canadians' fundamental rights.

Let us look at some comparisons with other law enforcement agencies in Canada. Independent civilian oversight ensures public confidence. Let us look at border services agencies in other allied countries that we want to compare ourselves to.

In the United Kingdom, Australia, New Zealand and France, the border services agencies are all subject to civilian external oversight. In fact, Canada is one of the few developed countries that does not have an independent review body for complaints made about the conduct of border agency staff. When we look at the Five Eyes allies, the United States, Britain, Australia and New Zealand, again, Canada is the only member right now without an independent review body.

The rationale is simple: Given the extraordinary powers granted to CBSA officers compared to all of the other public safety portfolio agencies as well as the Five Eyes international border agencies, there is currently a significant gap. It is a gap we had committed to close in the 2019 election after our previous attempts to do so in the last Parliament, as has been articulated by previous speakers, under Bill C-98, as it then was, were unsuccessful. However, the bill did receive widespread support in this House in the last Parliament, and I am very hopeful that it will continue to receive widespread support, because the simplicity of the rationale of this bill is there for everyone to recognize, understand and to get behind. It is a gap that needs to be closed, and a gap that we would close today.

I would like to outline how this is a user-friendly mechanism. This mechanism would ensure oversight in a manner that addresses things like the recommendations that were made by Justice Dennis O'Connor in 2006 under the Maher Arar inquiry, when he called for independent oversight of border services agencies, including the CBSA and the RCMP. It would have the ability to investigate complaints received from both the public and public interest bodies and have the power to self-initiate reviews, which is something that Justice O'Connor mentioned specifically in his Arar inquiry report.

Currently, people's complaints about the CBSA are handled entirely internally. We know that, all told, about 2,500 complaints are received by the CBSA on an annual basis, which is a significant number. However, the fundamental point to understand in this chamber for today's debate is that handling those complaints internally is one mechanism, but it is not the most robust mechanism, and it is certainly not the mechanism that is applied to other law enforcement agencies in this country.

It is critical that members of the public be able to take complaints to an external body. However, this external body, this new public complaints mechanism, should be able to initiate reviews of its own volition. Therefore, it would not require a complaint to be filed in order to pursue a matter.

Regarding the examples I listed at the start of my comments, it is critical that there be a serious incident protocol or a serious incident definition entrenched in this proposed legislation. This would include the actions of a CBSA officer that constitute an assault as well as serious injury or death, including death of a person in detention.

When we are dealing with those grave circumstances, it obviously goes without saying that the Canadian public and we, as parliamentarians, require a measure of accountability to be put in place.

That is the measure of accountability that is forthcoming with this legislation. That is why I am standing in support of it. I hope all of my parliamentarian colleagues will do the same.

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January 29th, 2020 / 5 p.m.
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NDP

Jack Harris NDP St. John's East, NL

Madam Speaker, I am pleased to have an opportunity to speak to Bill C-3, an act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other acts. I appreciate the introduction by the minister responsible.

I would like to say, first of all, that the Canada Border Services Agency carries on very important work for the safety of Canada and its citizens, and it enforces some 70 different regulations and pieces of legislation that have been passed by Parliament or enacted through proper processes. It is an important piece of work that the agency does. There are at least 7,000 agents, and they operate at 130 different border points, so the work they do is very important.

They also, in conducting this work, have pretty extraordinary powers, probably greater than many police and law enforcement agencies. They can arrest and detain people who they believe are in Canada illegally. They can arrest with or without warrant. They can arrest people who they suspect are in violation of the act and detain them for, in some cases, indefinite periods.

As has been pointed out, with 96 million travellers in and out of the country, we do not have 96 million complaints, obviously, so it is pretty clear that the work that they are doing is, for the most part, not subject to complaint.

I appreciate that when we talk about the complaints that are made, we are talking about exceptions to proper behaviour, potentially. The complaints may not end up being found to be valid in some cases, but we know that there are sufficient numbers of valid complaints to have a cause for concern that this enforcement agency is not immune to bad behaviour and improper conduct. We know that this has happened, because complaints have been founded by investigations conducted by the CBSA itself.

There has, for a long period of time, been cause for concern that there was a lack of oversight of this body. Justice O'Connor in 2010 recommended that this oversight take place, but it did not take place. We raised this issue as a party in the Conservative years, in 2010, after Justice O'Connor and before, and up until we joined the last Parliament as well. I was not here, but I know my colleagues have done so, and they were not the only ones. Recognized and respected public bodies, such as the Canadian Bar Association, Amnesty International, the B.C. Civil Liberties Association and others, have recognized and pointed out significant deficiencies in the activities and behaviour of the CBSA in the enforcement of its legislation.

It is kind of a given that this should happen. “Long overdue” are the words that have been used by the minister himself, recognizing that this legislation, or something like it, should have been brought forward a lot sooner than it was. It is unfortunate that this gap has not been addressed before this date, but we are heartened by the fact that it is here today.

I must say it was a half-hearted attempt by the Liberal government in the last Parliament to bring this legislation forward in the dying days of Parliament, several weeks before Parliament was to rise. It was passed over to the Senate on the 19th of June, the day before they were to rise, with no hope of any particular consideration there. The Liberal government deserves some blame for not bringing this legislation forward earlier to provide an opportunity for full discussion and debate.

There are some changes that have now been made. I did not get the sense from the minister's remarks, when he was asked about consultations, that any significant consultation has taken place with the union that was involved. Its members appeared before the committee. The customs and immigration union does have something to say about this. I think the union is generally supportive of the idea that there ought to be accountability, because it also provides an opportunity for officers who may be the subject of a complaint to be exonerated if the complaint is not founded, and it can be done in a public way.

All that being said, we do have to look carefully at some of the provisions of this legislation. Is it going to simply be a review of internal complaints or internal investigations that have been made? To what extent is it going to provide for an independent investigation? The power exists there. The practice is something that we have to be concerned about.

Are we going to be in a backlog situation, as we have seen with the RCMP civilian review system? Additional monies have been provided, and I see provisions for standards of performance in terms of dealing with complaints. Whether those standards can be met by just establishing standards of performance and whether the government is committed to being responsive to requests by the agency for sufficient funds or more staff as needed to meet those standards is the problem sometimes with agencies that have this kind of oversight. We want to have a good look at that to see what is going on when these things take place.

The NDP supports this legislation in principle and we will certainly be supporting it at second reading. We will look to see whether the minister is willing to consider amendments during consideration in committee. I am not proposing any here today, but I do want to see that the minister is prepared to consider arguments that may be made to bring about changes that would enhance the legislation and make it more effective.

We have heard specific concerns as well from the legal community in terms of how the practices of the agency have affected solicitor-client privilege, and there are concerns about solicitor-client privilege. We want to make sure that these concerns are addressed if they have not been addressed already, and I am not sure they have been addressed.

We would also want to see the opportunity, and I raised this with the member for Saint-Jean, to be involved in the policy and practices side of it. I note that in the legislation there is an opportunity for the committee itself to initiate reviews of specific practices. Whether it is going to be a robust effort on the part of the committee interests me. I suspect it may depend on who the committee members are.

I would want to see an opportunity for those kinds of reviews to take place through the initiative of someone else. For example, the Canadian Bar Association might want to see a review of a particular practice as it might affect a problem area, whether having to do with solicitor-client privilege or having to do with incidents that have come forward on a number of occasions. Other outside bodies as well might come to this body and ask it to conduct a review. I note that reviews can be done at the direction of the minister as well. That is something that may answer some of the concerns.

I am pretty sure this is not a perfect instrument, and I do not think it has been suggested that it is. It is a way forward, though, and NDP members supported it in the last Parliament because it was a step forward from what was in existence up until right now. There is no form of civilian oversight of this organization, and the lack of that kind of oversight has been noted for many years.

Enforcement officers have enormous powers, and they are a necessity. Officers deal in many cases with people in vulnerable circumstances, people who are refugees. Forty-one thousand refugees crossed into Canada during the last Parliament. These people are vulnerable. They are susceptible to being unable to complain or to feeling that complaining would potentially cause them problems, so vigorous oversight is needed there. It is important for us to ensure that this oversight takes place. There may be a need for third parties to approach the committee to make sure that the policies and practices that are in place adequately meet the required standards when enforcement officers are dealing with civilians whom they are entrusted to look after while also ensuring that the law is enforced.

Those are some of the concerns that New Democrats will be looking at carefully in committee. I am disturbed to hear that the examination of what happens in detention is excluded from this bill, but I am going to be looking very carefully at that. We do note, as was noted before in one of the speeches, that since the year 2000 there have been at least 14 deaths of people while in detention. I am not suggesting that these deaths were the result of negligence or improper behaviour, but the question remains. These were not able to be investigated by any outside agency specifically in relation to the behaviour toward and treatment of individuals who may have had ill treatment in custody. Whether or not there was in these individual cases, I am obviously not in a position to say.

However, the public must have confidence, ultimately, that there is a sufficient degree of transparency and oversight in order to believe that CBSA officers are acting not only in the public interest and for the safety of Canada, but also in a proper way when they are dealing with individuals, and that they are not abusing their position of power and trust. People must know they have recourse with a proper, independent, robust and accessible process that will make sure justice is done following any violation of proper and appropriate behaviour.

As was mentioned earlier, this is not something the union of the employees involved rejects. This is something it regards as proper and appropriate as well.

Having said all of that, New Democrats support this legislation being brought forward at second reading. We look forward to having an appropriate period of time to consider it and bring forward witnesses who can help with the analysis of it and offer their recommendations and opinions.

Royal Canadian Mounted Police ActGovernment Orders

January 29th, 2020 / 5 p.m.
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Bloc

Rhéal Fortin Bloc Rivière-du-Nord, QC

Madam Speaker, as I said earlier, at the end of my remarks, I do not think we should be blaming the officers. As for the agency, we will have to see. The commissioner will deal with that.

There have been a good number of complaints, as I said. Many of them have been found to be valid, others not, but these are just the tip of the iceberg. That is how things are across all government services. The people who file complaints are just a fraction of those who could.

Many people are frustrated because their rights are being violated or because they are being mistreated by all types of government officials. However, those people will not necessarily file a complaint. It does not really matter whether half, three-quarters or one-quarter of CBSA officers have done something wrong. I am just saying that there have been many complaints and those complaints are just the tip of the iceberg.

This is therefore a glaring problem that Parliament needs to address. We must find a solution. Bill C-3 gives us that opportunity, which is great. I do not have here at my fingertips the figures or the percentage of clients being well served and poorly served. We do not need to count them to be able to bring in effective provisions that uphold everyone's rights.

Royal Canadian Mounted Police ActGovernment Orders

January 29th, 2020 / 4:55 p.m.
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Bloc

Rhéal Fortin Bloc Rivière-du-Nord, QC

Madam Speaker, I will not be able to comment on the specific mechanisms today.

The idea mentioned by my colleague across the way is an interesting one. It might be worth studying in committee. Would the solution be to have two different methods of handling investigations? Maybe yes, maybe no.

I would love to attend a commission meeting and hear the experts and their proposals. Every member in the House has an opinion on this issue, as well as on many other issues underlying the passage of Bill C-3. I would love for us to hear from the experts and then adopt the most efficient procedure.

Royal Canadian Mounted Police ActGovernment Orders

January 29th, 2020 / 4:45 p.m.
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Bloc

Rhéal Fortin Bloc Rivière-du-Nord, QC

Madam Speaker, the Bloc Québécois is very happy that this bill has been introduced. We were taken for a ride in the previous Parliament. Bill C-98 was introduced too late and unfortunately died on the order paper. I hope that we will have time to pass Bill C-3 before the next election, which is looming over our heads like the sword of Damocles.

The Bloc Québécois plans to vote in favour of Bill C-3, as it did with Bill C-98. There is no surprise there.

The current situation is untenable. The statistics are alarming. From 2016 to 2018, there were 1,200 complaints, including 59 allegations of harassment, 38 allegations of criminal association and five allegations of sexual assault. Those are striking figures. The Canada Border Services Agency is short-staffed. Complaints may not always be given the attention they deserve. We think that an independent commissioner should be appointed.

It is also not right that the CBSA itself hears complaints about its own services. That obviously does not meet the minimum legal requirements, whether under natural law or in accordance with the rights set out in our charters regarding an impartial hearing before those concerned. Since the commissioner would be a third party, we believe that he could deal with any complaints filed with his office in a serious, impartial, fair and independent manner—at least that is what we hope. We believe that creating the commissioner's office would make this possible.

This is nothing new. I looked at the statistics on the various complaints that were filed. In 2017-18 alone, just two years ago, there were reports of racist and rude comments. Officers allegedly searched cellphones without putting them in airplane mode, which is illegal. Searches can be conducted legally if the phone is in airplane mode, but not otherwise. In some situations, officers allegedly took photos of the information contained in cellphones. They also allegedly forced someone to open their banking app. All of these things are unacceptable.

Some people complained about rude treatment. Apparently an officer shouted and insulted travellers. In another case, people who had dealings with the CBSA were told there was no interpretation service available, which meant that they were unable to communicate with the officer. One officer was racist and told a client he was ugly. That is unconscionable. This is not a banana republic.

We think complaints should be treated with respect, as should all CBSA clients, whether they are right or wrong, which is a different story. At a bare minimum, these requests should be handled respectfully and attentively.

Last year, the member for Vancouver East quoted something Justice O'Connor said over 10 years ago. He recommended introducing a CBSA oversight mechanism. More recently, an immigration lawyer named Joel Sandaluk said this on CBC: “CBSA, for many years, has been a law unto itself. It's hard to imagine an organization with the size and the complexity and the amount of responsibility and authority of an agency like this would be completely without any kind of oversight.”

He added that the statistics may have been skewed, but temporary residents of or visitors to Canada were in fact not here long enough to file a complaint. Obviously, he did not even mention those who do not file complaints out of fear of reprisal. It is a troubling situation and according to Mr. Sandaluk, this is likely only the tip of the iceberg.

CBC mentioned the case of a woman deported to Guatemala who was allegedly pushed to the ground by an officer, who is alleged to have kicked her and dug his knee into her back. That is outrageous. When we read these reports, these statistics, we do not get the impression that this is a professional border services agency that serves a country like Canada and serves the people and the visitors of Quebec who have to deal with them.

More recently, just a few weeks ago, the Canadian Press reported some statistics. The International Civil Liberties Monitoring Group of Toronto said that the definition of a founded complaint in the CBSA reports was too vague to allow adequate changes or adjustments to be made. This is just another situation that does not help to improve the services provided by the agency.

The Privacy Commissioner of Canada, Daniel Therrien, told Radio-Canada that the agency and its customs officers had not followed acceptable practices for handling the personal information of Canadian citizens re-entering the country. It is not your ordinary Joe saying it, it is the commissioner himself. He added that the line had been crossed.

It is ridiculous. It is about time that we acknowledge and address this issue.

According to other information made public by Radio Canada, a CBSA officer apparently shredded his handwritten notes three days after receiving a call from one of the commissioner's investigators.

For all these reasons, we believe that Bill C-3 must be implemented as quickly as possible. Once again, they must not play the same trick on us that they did with Bill C-98, which was introduced before this bill. We believe that Bill C-3 should be referred to a committee right away.

In closing, I want to make it clear that the Bloc Québécois is not blaming the officers or the agency. That is up to the commissioner, if warranted, and if designated.

We believe that the Canada Border Services Agency has not had the benefit of adequate oversight, which it should have received from the proper authorities. Respectfully, the responsibility lies with the current Liberal government and its predecessor, the Conservative government. We believe that the time has come to address this issue and we are grateful for Bill C-3.

I would also like to add that the union representing the CBSA officers should appear before the committee when it studies the bill. We hope that the bill will be referred to a committee as soon as possible. The committee should make every effort to hear from experts, immigration lawyers who have worked with the CBSA and the officers' union. I am convinced that the union has important things to tell the committee about this issue.

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January 29th, 2020 / 4:20 p.m.
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Conservative

Glen Motz Conservative Medicine Hat—Cardston—Warner, AB

Madam Speaker, as always it is a privilege to rise in the House and speak to an important issue, the protection of Canadians in our communities. That is the top priority of this House, something I have said for several years, and I am happy to hear the new public safety minister beginning to echo those same sentiments.

Bill C-98 from the previous Parliament session, renamed Bill C-3 in this session, proposes to repurpose and rename the RCMP's civilian complaints commission to the “public complaints and review commission” and expand its mandate to review both the RCMP and the CBSA.

I want to take this opportunity to thank the RCMP and CBSA members for the incredible work and service they provide to Canadians.

I am privileged to be the first to rise on behalf of the official opposition and say that our team is cautiously optimistic of this legislation. Our Conservative team supports that all governments, employees and elected officials should be accountable to the people and the taxpayer. Public servants across the country must be held to the standards expected of Canadians, which is to uphold the integrity of people who are visiting or passing through our country, while ensuring our laws and international laws are upheld. For those reasons, a properly implemented oversight agency, as is used by police services across the country, including the RCMP, seems to be a sound policy and certainly long overdue.

In 2016, Ralph Goodale, the previous public safety minister, testified he was already working on the issue and prevented legislation from others to proceed.

In 2017, Mel Cappe provided his advice, which is captured in this bill, to create a civilian oversight body. Unfortunately, it took until the last days of the previous Parliament session for the Liberals to move ahead. Hopefully, the retabling of the bill three months into this new session suggests the Liberals are certainly taking this issue seriously.

Canadians expect federal law enforcement to act to uphold our laws and to be held accountable if it does not. This bill will align well with the values of many Canadians and the values of the Conservative team. However, it would not have been my top priority. Rather, I would have liked to talk about issues that at this time are of top priority to Canadians, such as the 134,000 people from across this country who have signed e-petition 2341. Currently, it is the largest e-petition in Canadian history and is the third largest in all of Canadian petition history, only behind the 1949, 625,000 hard-copy petition for the Canadian Bill of Rights and the 1975 petition on not proceeding with the abortion law. Of course, I am thrilled to be the sponsor of that petition. It highlights the flaws in the Liberal plan to target law-abiding Canadian gun owners for the actions of criminals and gangs.

I would have also liked to talk about the issue of rural crime and how it impacts all rural communities, especially those where the RCMP are left short-handed, and about the lack of a Liberal plan to deal with the skyrocketing opioid crisis in our communities, all the deaths that are occurring and the public safety concerns of gangs, shootings and illegal firearms. We should be talking about the erosion of our border security under the current Liberal government, not just with respect to the crisis of illegal border crossers, but also with drugs, handgun smuggling, human trafficking by many of the gangs running drugs, and the massive backlogs in the monitoring and deportation of known terrorists, criminals and national security risks.

However, we are here today to talk about Bill C-3, an oversight bill. Oversight is good. It ensures that people know that there is someone who will look into actions that are not in keeping with our laws. This bill should provide investigative powers, an ability to review situations, provide feedback and determine the course of action on scope and scale with anyone who violates our laws and principles.

Bill C-3 proposes to repurpose and rename the RCMP civilian complaints commission to the “public complaints and review commission” and expand its mandate to both the RCMP and the CBSA.

Since coming into government, the Liberals have added numerous layers of oversight, bureaucracy and process into national security and public safety with very little action that actually protects Canadians.

The Liberals have added the parliamentary National Security and Intelligence oversight committee, the new National Security and Intelligence review committee, the expanded Intelligence Commissioner and now the expanded role of the Civilian Review and Complaints Commission for the RCMP.

This is on top of the existing reviews that include the Minister of Public Safety, the Minister of National Defence, the Minister of Foreign Affairs, the national security advisor and now the newly appointed Deputy Prime Minister.

I certainly hope we do not have investigations by seven or eight federal agencies with respect to this one complaint and what this act is supposed to do.

Over the last five years, the Liberals have committed $150 million on boosting oversight. In contrast, between 2015 and 2019, they promised $400 million to policing and gangs, but delivered next to nothing.

Members will stand and say that oversight is the right way to go and that this bill, with some edits, as has already been mentioned in a previous question, could actually benefit Canadians. It will be important to ensure the right amendments are in place.

The bill would create a mechanism to complain about inappropriate actions by border officers. Police agencies have had civilian oversight and review for decades, and it is common practice around the world for law enforcement. It seems logical that a large enforcement agency, like CBSA, should have the same checks and balances. This will help officers who are wrongly accused to show that they acted appropriately, if they did, and it will remind officers that they are not above the law, which is something we all need.

However, the bill is silent on holding people accountable. The public complaints and review committee can examine evidence, call witnesses and write a report, but the bill seems silent on how officers who violate the law, code or principle can be held accountable.

I have not been in Parliament as long as some, but anyone who has paid attention to the Auditor General or other parliamentary officers can see a pattern: programs, services and reviews designed to look like they address issues, but lack any kind of accountability or powers to hold people accountable.

The Liberals are repeating the same thing over and over again. They gave us a new agency, a new commission, a new committee or another new bureaucracy, but refuse to put in place any measures that would take steps to correct the problems the commission or committee was there to deal with in the first place.

Let me use Vice-Admiral Norman as an example. The Prime Minister personally pointed the finger at Vice-Admiral Norman. The vice-admiral was fired and charged with serious offences. The Prime Minister said that he supported the RCMP in its investigations, but made no effort to provide full evidence to support its investigations or refute that investigation. It is only when Vice-Admiral Norman's attorney interviewed former Conservative ministers from the Harper administration that suddenly the case fell apart and the vice-admiral was completely exonerated.

A report into this civilian oversight committee, and I can only speculate since the Prime Minister continues to use cabinet confidence to cover up his trail, would probably reveal a use of select evidence, a plan to railroad and to blame a decorated officer in an attempt by the Prime Minister to hold the truth from Canadians.

Under this model, it should stop there. There would be no actions or recourse to address the issue to stop it from happening again, as is the case with Vice-Admiral Norman. There is no punishment for a corrupt politician to attack and railroad an honoured and decorated officer in the Canadian Armed Forces.

The House and the committee can and should give this bill proper scrutiny. While the idea seems sound and the model certainly better than in other legislation, I am very wary of anything the government does on borders. It has not managed our borders well and have not been upfront with the House of Commons or Canadians about those issues.

In 2017, the Liberals told us there was nothing to worry about with the tens of thousands of people crossing illegally into Canada. They told us they did not need new resources, security was going well and everything was just fine.

In reality, security was being cut in other areas to deal with the volumes of illegal border crossers, provinces and cities were drowning in costs and overflowed shelters, border and RCMP agencies were stretched and refugee screenings were backing up. According to the ministers at the time, everything was fine.

Then, three budgets delivered new funding and changes and a promise to deal with issues facing our border. Billions were spent on this issue, another example of mismanagement for the taxpayer to clean up, and things are no better. However, we still continue to pay millions to deal with the issue without any reduction in the problem.

What should we scrutinize?

First, we should ensure we hear from those people impacted by the decision, such as groups like front-line RCMP and CBSA officers who would be subjected to the evaluations this oversight committee would have. We were shocked in the last session that neither the RCMP or the CBSA unions were involved. However, again, that is not necessarily new in the consultation policies of the government.

A news article stated, “The union representing border officers has heard little about the proposal and was not consulted on the bill”, that being the former Bill C-98, an nearly identical bill to this one. It went on to say, “Jean-Pierre Fortin, national president of the Customs and Immigration Union (CIU), said the president of the CBSA also was left in the dark and could not inform the union of any details of the legislation.”

My hope is that this has been taken care of, or will be taken of. However, in speaking with those two bodies, with the National Police Federation, on the previous bill, I am left with the impression that the Liberals did not consult them either.

As members heard earlier, I had ask the minister if the government had corrected it this time. I guess we will find out once it gets to committee, and my colleagues will hear from those individuals who I just mentioned.

We will want to hear from impacted Canadians on this matter. There should not be a need to get high-priced lobbyists involved to get the minister's attention.

We should also ensure that Canadians do not need to hire lawyers to get access to the Complaints Commission and its processes, which is critical for those who might be impacted by any impropriety during a border crossing.

Further, we need to ensure that the minister and his staff, and other leaders across the public safety spectrum, cannot get their hands on the processes and decisions of these oversight bodies.

Finally, I want to mention the issue of the Liberals using their majority to ram things through despite serious issues in the last Parliament.

I call on and expect all members of the public safety and emergency preparedness committee to abide by their own judgment of the testimony of experts and witnesses and not the will of the minister's staff or demands of the political arm of the PMO. Also, timelines are constructed by the committee not the Minister of Public Safety or his staff. Knowing that the current and the former chair of the public safety committee is a scrupulous and honoured individual, I trust he will not suggest that legislation needs to be finished by a certain deadline to make a minister or staff happy before members can hear appropriate testimony.

There is a lot of trust and faith needed, obviously, for the House to work well together on any legislation, and certainly this one is no exception. Trust is built through honest answers and legitimate questions. Trust is reinforced by following integrity and the need to get it right rather than just to be right.

I hope the minister will be clear with committee members on spending, resources, his proposed plans and the areas where we can all improve, or certainly the government can improve on the track record from the past. Perhaps with new legislation in this new session, we can see the government try to broker such trust, starting with Bill C-3. We will wait to see if that to happen.

Royal Canadian Mounted Police ActGovernment Orders

January 29th, 2020 / 3:55 p.m.
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Scarborough Southwest Ontario

Liberal

Bill Blair LiberalMinister of Public Safety and Emergency Preparedness

moved that Bill C-3, An Act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other Acts, be read the second time and referred to a committee.

Madam Speaker, I am honoured to rise in this House to begin the debate on Bill C-3, concerning an independent review for the Canada Border Services Agency.

The Canada Border Services Agency ensures Canada's security and prosperity by facilitating and overseeing international travel and trade across Canada's borders. On a daily basis, CBSA officers interact with thousands of Canadians and visitors to Canada at airports, land border crossings, ports and other locations. Ensuring the free flow of people and legitimate goods across our border while protecting Canadians requires CBSA officers to have the power to arrest, detain, search and seize, as well as the authority to use reasonable force when it is required.

Currently, complaints about the service provided by the CBSA officers and about the conduct of those officers are handled internally. If an individual is dissatisfied with the results of an internal CBSA investigation, there is no mechanism for the public to request an independent review of these complaints.

The Government of Canada recognizes that a robust accountability mechanism can help ensure public trust that Canada's public safety institutions are responsive to the law and to Canadians. That is why I am honoured today to initiate debate on Bill C-3.

I want to take the opportunity to acknowledge the excellent and extraordinary work of two former parliamentarians: former senator Wilfred Moore and my predecessor, former public safety minister Ralph Goodale, who worked tirelessly to advocate for effective CBSA oversight.

This important piece of legislation that is before us today would establish an independent review and complaints mechanism for the Canada Border Services Agency. This will address the significant accountability and transparency gap among our public safety agencies and departments here in Canada

Among our allies, Canada is alone in not having a dedicated review body for complaints regarding its border agency. The CBSA is also the only organization within the public safety portfolio without its own independent review body.

The resolution of conduct complaints is critically important to maintaining public trust. We already know that many CBSA activities, such as customs and immigration decisions, are subject to independent review. Unfortunately, as of yet, there is no such mechanism for public complaints related to CBSA employee conduct and service.

I will provide some context for my colleagues and for Canadians. The agency deals with an extraordinary and staggering number of people and a huge volume of transactions each and every year. For example, in 2018-19, CBSA employees interacted with over 96 million travellers to and from Canada and collected on behalf of Canadians $32 billion in taxes and duties. Behind these extraordinary numbers is the story of all of us, Canadians in all walks of life and in all parts of our country who rely on the services of our border services agencies. Together, we expect that in the majority of cases we will receive, and do receive, a high degree of professionalism when travelling abroad for work and for leisure. I would like to take this opportunity to thank the many members of the Canada Border Services Agency for their service to Canadians and for their professionalism they give their duties.

It is a fact that when dealing with that many travellers it is inevitable that some complaints may arise. That is why, in order to maintain the public trust in our system and to strengthen accountability for the important role that the border service officers perform for us, it is imperative that we have an independent review body to ensure that any negative experience is thoroughly investigated and quickly and transparently resolved.

Currently, if there are complaints from the public regarding the level of service provided by CBSA or the conduct of CBSA officials, they are handled through an internal process within the agency. Our government has taken action in recent years to rectify gaps with respect to the independent review of national security activities.

We have passed legislation to create the National Security and Intelligence Committee of Parliamentarians which recently published its first annual report. With the passage of Bill C-59, our government has also established the National Security and Intelligence Review Agency. With these two initiatives under way, now is the time to close a significant gap in Canada's public safety and national security accountability framework. This is exactly where Bill C-3 comes in.

The existing Civilian Review and Complaints Commission, or CRCC as it is commonly known, is at the heart of this proposed legislation. The CRCC currently functions as the independent review and complaints body for the RCMP. Under Bill C-3, its responsibilities would be strengthened and it would be renamed the public complaints and review commission, or PCRC. The new PCRC would be responsible for the handling of complaints and conducting reviews for the CBSA in addition to its current responsibilities with respect to the RCMP.

When the PCRC receives a complaint from the public, it would notify the CBSA immediately which would undertake the initial investigation. This is an efficient approach that has proven to lead to a resolution of the overwhelming majority of complaints. In fact, in the case of the RCMP, some 90% of complaints against the conduct or service of the RCMP are resolved in this way.

The PCRC would also be able to conduct its own investigation to the complaint if, in the opinion of the chairperson, it is in the public interest to do so. In those cases, the CBSA would not initiate an investigation into the complaint. In other cases where the complainant may not be satisfied with the CBSA's initial handling of the complaint, the complainant could ask the PCRC directly to begin a review of it. When the PCRC receives such a request for review over a CBSA complaint decision, the commission could review the complaint and all relevant information, sharing its conclusions regarding the CBSA's initial decision. It could conclude that the CBSA decision was appropriate. It may instead ask that the CBSA investigate further or it can initiate its own independent investigation of the complaint.

The commission also would have the authority to hold a public hearing as part of its work. At the conclusion of a PCRC investigation, the review body would be able to report on its findings and make such recommendations as it sees fit. The CBSA would be required to provide a response in writing to the PCRC's findings and its recommendations.

In addition to the complaints function, the PCRC would be able to review on its own initiative or at the request of me or any minister any activity of the CBSA except for national security activities. These, of course, are reviewed by the National Security and Intelligence Review Agency which is now in force.

PCRC reports would include findings and recommendations on the adequacy, appropriateness and clarity of CBSA policies, procedures and guidelines; the CBSA's compliance with the law and all ministerial directions; and finally, the reasonableness and necessity of CBSA's use of its authorities and powers.

With respect to both its complaint and review functions, the PCRC would have the power to summon and enforce the appearance of persons before it. It would have the authority to compel them to give oral or written evidence under oath. It would have the commensurate authority to administer oaths, to receive and accept oral and written evidence, whether or not that evidence would be admissible in a court of law.

The PCRC would also have the power to examine any records or make any inquiries that it considers necessary. It would have access to the same information that the CBSA possesses when a chairman's complaint is initiated.

Beyond its review and complaint functions, Bill C-3 would also create an obligation to the CBSA to notify local police and the PCRC of any serious incident involving CBSA employees or its officers. That includes giving the PCRC the responsibility to track and publicly report on all serious incidents such as death, serious injury, or Criminal Code violations involving members of the CBSA.

Operationally, the bill is worded in such a way as to give the PCRC flexibility to organize its internal structure as it sees fit to carry out its mandate under both the CBSA Act and the RCMP Act. The PCRC could designate members of its staff as belonging either to an RCMP unit or a CBSA unit. Common services such as corporate support could be shared between both units which would make them more efficient, but there are also several benefits to be realized by separating staff in the fashion that I have described.

For example, staff could develop a certain expertise on matters involving these two agencies, their operational procedures and other matters. Clearly identifying which staff members are responsible for which agency may also help with the clear management of information.

Bill C-3 would also make mandatory the appointment of a vice-chair for the PCRC. This would ensure that there would always be two individuals at the top, a chairperson and a vice-chair, capable of exercising key decision-making powers. Under Bill C-3, the PCRC would publish an annual report covering each of its business lines, the CBSA and the RCMP, and the resources that it has devoted to each.

The report would summarize its operations throughout the year and would include such things as the number and type of complaints, and any review activities providing information on the number, type and outcome of all serious incidents. To further promote transparency and accountability, the annual report would be tabled in Parliament.

The new public complaints and review commission proposed in Bill C-3 would close a significant gap in Canada's public safety accountability regime.

Parliamentarians, non-government organizations and stakeholders have all been calling upon successive governments to initiate such a reform for many years. For example, in June 2015, in the other place, the committee on national security and defence tabled a report which advocated for the establishment of an independent civilian review and complaints body with a mandate to conduct investigations for all CBSA activities. More recently, Amnesty International, in Canada's 2018 report card, noted that the CBSA remains the most notable agency with law enforcement and detention powers in Canada that is not subject to independent review and oversight.

National security expert and law professor Craig Forcese is quoted as saying that CBSA oversight is “the right decision”. Government expert Mel Cappe said that it is “filling the gap”. I would importantly note that the proposed legislation before the House benefited from invaluable advice proposed to the government by Mr. Cappe.

To support this legislation, we have allocated $24 million to expand the CRCC to become an independent review body for the CBSA. With the introduction of Bill C-3, proper oversight is on track to becoming a reality.

In the last Parliament, this bill received all-party support in the House in recognition of its practical contents that seek to maintain the integrity of our border services and to instill confidence in Canadians that their complaints will be heard independently and transparently. Though the bill was supported unanimously at third reading, it unfortunately did not receive royal assent by the time the last Parliament ended.

We have heard concerns from many members in this House about the date of tabling, and we are now reintroducing this bill at our very first opportunity as part of the 43rd Parliament. This will be the third consecutive Parliament to consider legislation to create an oversight body for the CBSA. It is overdue.

For all of these reasons, I proudly introduce Bill C-3. I am happy to take any questions my colleagues may have.

Royal Canadian Mounted Police ActRoutine Proceedings

January 27th, 2020 / 3:15 p.m.
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Scarborough Southwest Ontario

Liberal

Bill Blair LiberalMinister of Public Safety and Emergency Preparedness