Bill C-20

Public Complaints and Review Commission Act

An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments

This enactment, among other things,
(a) establishes, as a replacement of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police, an independent body, called the Public Complaints and Review Commission, to
(i) review and investigate complaints concerning the conduct and level of service of Royal Canadian Mounted Police and Canada Border Services Agency personnel, and
(ii) conduct reviews of specified activities of the Royal Canadian Mounted Police and the Canada Border Services Agency;
(b) authorizes the Chairperson of the Public Complaints and Review Commission to recommend the initiation of disciplinary processes or the imposition of disciplinary measures in relation to individuals who have been the subject of complaints;
(c) amends the Canada Border Services Agency Act to provide for the investigation of serious incidents involving officers and employees of the Canada Border Services Agency;
(d) amends the English version of federal statutes and orders, regulations and other instruments to replace references to the “Force” with references to “RCMP”; and
(e) makes consequential amendments to other Acts.

Public Complaints and Review Commission Act

[Tako Van Popta, Conservative, Langley—Aldergrove, BC]

Madam Speaker, I am looking forward to seeing this bill go to committee for a deep dive, line by line, and yes, we have to hear from experts in the field.

The study we conducted at the public safety committee last year gives a good indication of who should be called as witnesses: people who work with indigenous communities, for example. We definitely need to hear from them. People who work in law enforcement, right from one end of the country to the other, should be called, as we need to hear from them.

We should probably hear from history, Justice Bastarache, who wrote the “Broken Dreams, Broken Lives” report. He would have something very important to say to the committee. He would be a good addition.

[Don Davies, NDP, Vancouver Kingsway, BC]

Madam Speaker, of course the NDP thinks it is a good idea, as I do, that this bill pass. The CBSA is the only major law enforcement agency in Canada without an independent review mechanism to oversee the bulk of its activity. That is an oversight that needs to be changed.

I was interested in my friend's comments about interdiction at the borders, and I have done a bit of research. The port of Vancouver alone, with its four terminals, has 1.5 million containers coming every year. CBSA examines only 50,000 of them. That is about 4%. That means 1,450,000 containers pass through just that one port every year that are not examined by CBSA. The average container ship carries 10,000 containers. If 4% are examined, that means some 9,600 containers per ship are not searched.

Therefore, I am just wondering about the member's party's promotion of interdiction as a preferred method of dealing with guns or drugs. Would he not agree with us that there is just no way the CBSA is ever going to have an effective interdiction policy with figures like those?

[Tako Van Popta, Conservative, Langley—Aldergrove, BC]

Madam Speaker, it seems almost impossible. I agree with the member. The task is so large.

Most of the guns that are used in a crime in Canada are smuggled in from the United States, not from China, not in containers coming into the port of Vancouver. Maybe some are, but most, like 80% of handguns, are smuggled in from the U.S.A., so let us focus on them.

I was talking to some border security people in my riding about the ArriveCAN app, and they said it was a waste of time. They were sitting there looking at their computer screens as cars were driving by, instead of doing what they normally do, which is to look at the person who has their window rolled down, using face-to-face contact and body language. That is the way they are going to interdict illegal things being smuggled in, including handguns.

[Mark Gerretsen, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons (Senate)]

Madam Speaker, I just want to drill down into the answer the member gave to the member from Winnipeg a couple of questions ago.

Can he explain to the House why it is so important that he speak for 30 minutes on this issue? I heard what he said. He said it is important that he express his position on this, but let us just analyze this for a second. He spoke for 30 minutes. If all 118 Conservatives spoke for 30 minutes on this, that would put us in the position of having to debate this bill for literally weeks, if not months, just to get it to committee.

Is the member basically saying that occupying all this time for him to give his speech is more important than the legislation getting adopted? Is that what he is saying? In theory, that is what he is saying. He is saying, “I need to speak to this for 30 minutes.” If we let everybody do that, it literally will not go anywhere.

[Tako Van Popta, Conservative, Langley—Aldergrove, BC]

Madam Speaker, I would just reiterate that it is important for me to speak to this. It is important to my constituents that I speak to this. I have been involved with the public safety committee, and I am somewhat informed on the issues, so I think it is completely appropriate for me to speak to this. I am sorry if the member thinks it is not important that Conservative members who want to speak to the issue should be able to.

[Iqra Khalid, Liberal, Mississauga—Erin Mills, ON]

Madam Speaker, before I begin, I just want to let members know I will be sharing my time with the member for Milton.

I am rising today to speak to Bill C-20. It is a bill that would establish “an independent body, called the Public Complaints and Review Commission”, which would “review and investigate complaints concerning the conduct and level of service” of the RCMP and the CBSA and “conduct reviews of specified activities” of the RCMP and the CBSA. The bill also:

authorizes the Chairperson of the Public Complaints and Review Commission to recommend the initiation of disciplinary processes or the imposition of disciplinary measures in relation to individuals who have been the subject of complaints;

amends the Canada Border Services Agency Act to provide for the investigation of serious incidents involving officers and employees of the [CBSA];

and

amends the English version of federal statutes and orders, regulations and other instruments to replace references to the “Force” with references to “RCMP”

This is not the first time I have risen to speak about the importance of oversight for the CBSA. We hear very regularly how important oversight is for open and transparent government, and how important it is for us to ensure that Canadians and everybody within the Canadian border has the ability to be treated fairly, the ability to conduct their affairs within a certain decorum of respect, and the ability to enter our country and not be judged based on their shell.

As much as I respect the work the CBSA has done over the years and decades with its ability to bring in and to recognize and go through hundreds and thousands of people on a regular basis through over 1,000 ports of entry within our country, I wonder what its impact is on people who may look different, who may have different abilities or who may not speak the same language our CBSA officers speak. It is not a question of whether our CBSA officers are able to contribute and support our borders and our entry points across the country. It is a question of how we are maintaining and supporting the integrity of Canadian values in this country. It is a matter of whether we are ensuring that everybody who comes in has that equality of opportunity and has the due process.

As we give discretion to CBSA officers, as they process these intense applications on a day-to-day basis, I ask whether those applications are processed in a manner that is fair, objective and in keeping with the values we hold dear as Canadians. As hundreds and thousands of travellers, permanent residents and citizens cross the border on a daily basis, I wonder about how CBSA officers are ensuring the integrity of the process, and I wonder about the cases that have been missed.

I know the news recently has been about a number of refugees from Egypt who came in through the Vancouver port. They were intercepted by CBSA officers and are now alleging that they have been discriminated against. As Muslims who have come in from Egypt, they have been linked to the Muslim Brotherhood, and they have no means of recourse from the CBSA officer who took them in. They do not know what their refugee applications could and would have looked like.

They have spent years trying to find a home, having really wanted Canada as their home, and are now in a situation in which they do not know where they belong. Had we installed this legislation at the moment when it was first introduced a couple of years ago, I wonder if they would still be in that same situation.

This legislation would give people the opportunity to really delve deep into whether or not their claim, and the way they are treated as they enter into or exit Canada, is fair. It is a way that we, with our Canadian values, would feel respected and proud.

I can tell members that I doubt those refugee claimants out of Vancouver who have had dealings with the CBSA without any recourse, and with the way that they have been treated by the CBSA out in Vancouver in those specific cases, feel that they have been treated fairly. However, if there were adjudication, an independent complaints system to listen, take in the facts and understand what had transpired in the case, I doubt those people in Vancouver would be feeling the way they do.

I commend each and every member of the CBSA. I know the great work they do in saving lives, going through people day by day, protecting the national security of this country and ensuring that we are secure as Canadians. However, if there is no oversight to the discretionary power given to CBSA officers who are dealing with people on a day-to-day basis, we wonder just how open and transparent we can be. We wonder what equality of opportunity looks like.

Canada is a country that is revered across the world. We take in a lot of people who are looking for homes, and we have become the adopted home for hundreds and thousands of people, including me. I wonder how we can improve that process.

How can we ensure the entry points to this safe haven that is Canada can be improved? How can we ensure the people who are having to deal with those first officers as they try to enter the country are treated with respect, dignity and without bias regardless of where they come from? An independent oversight body would allow us the privilege of providing that oversight and equality of opportunity to everyone who is seeking refuge within our country.

This legislation has been delayed in coming. It is so necessary and important that we include this independent oversight body to ensure our borders are not only protected but also that they are free from the bias, the subjectivity, that our Charter of Rights and Freedoms protects Canadians from on a daily basis.

We have to move forward on this legislation, and I am really looking forward to it going through committee and finally receiving royal assent, because I believe this is how we continue to achieve equality of opportunity in our country.

[Jean-Denis Garon, Bloc, Mirabel, QC]

Madam Speaker, I want to thank my colleague for her very interesting speech, in which she explained how the CBSA's existing complaint management system can result in injustice, especially toward certain minorities that may be targeted.

Just before that, my colleague from Kingston and the Islands said that, every time someone rises to talk about Bill C‑20, they are just wasting time and delaying passage of the bill.

Does my colleague think she wasted our time with her speech?

[Iqra Khalid, Liberal, Mississauga—Erin Mills, ON]

Madam Speaker, this chamber, this place, is for debate. It is for expressing the opinions of my constituents, and for each and every one of our constituents. I know for a fact that my constituents want this bill to go forward. I know for a fact that each and every member across the aisle, and I have sat and listened to their speeches, have something to contribute to this bill.

I would like to see this bill sent to committee as soon as possible. I would like for this bill to be implemented into law. I really am looking forward to having an oversight for the CBSA, and I encourage the member to support this bill in its entirety.

[Bonita Zarrillo, NDP, Port Moody—Coquitlam, BC]

Madam Speaker, I was listening to the words of the member today, and I appreciate the words around being treated fairly and with respect. My question for the member is regarding the LGBTQ+ community, which we spoke about in the House today. This relates specifically to respect and being treated fairly for those who have been misgendered by the RCMP.

I would like the member's thoughts on how this would allow persons who have been misgendered to file a complaint, which right now is not available to them.

[Iqra Khalid, Liberal, Mississauga—Erin Mills, ON]

Madam Speaker, this bill, this proposition of having an oversight body, is really about equality of opportunity. It is about righting wrongs, regardless of what those wrongs are. It is about using our Charter of Rights and Freedoms as a baseline to ensure Canadians are protected within our country. It is about transparency. It is about openness.

I am looking forward to this bill having a positive impact on transgender communities, the LGBTQ2+ communities and all racialized communities and religious minorities.

[Louise Chabot, Bloc, Thérèse-De Blainville, QC]

Madam Speaker, I listened to the member's speech, in which she mentioned all the work our border officers do.

We can all agree that the complaint or oversight mechanism is a good thing for those whose rights were violated. Does the member think it is also important to consider the people who work at the border to safeguard our rights? They have been mistreated and are under a lot of pressure because their numbers have declined.

How is the government planning to consult these workers and listen to their perspective to make sure they do not have to bear a greater burden or be put under even more pressure?

[Iqra Khalid, Liberal, Mississauga—Erin Mills, ON]

Madam Speaker, our frontline service members, the ones who really get out there and provide those services at the front end, are doing our country a wonderful service. They are to be commended for their wonderful efforts.

What this bill is trying to implement is a way to ensure the services being provided at that front end are objective and fair. Those who feel they have not been properly treated or received those services fairly would have a way to recommence themselves and would be able to find a way to make themselves whole again. I, for one, commend—

[The Assistant Deputy Speaker (Mrs. Alexandra Mendès), Alexandra Mendes]

Resuming debate, the hon. Parliamentary Secretary to the Minister of Health and to the Minister of Sport.

[Adam van Koeverden, Liberal, Parliamentary 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.

[Heather McPherson, NDP, Edmonton Strathcona, AB]

Madam Speaker, one of the worries I often have when legislation is brought forward or things are announced in the House is that resources will not be available to do the work that needs to be done. For example, with our sanctions regime, we do not have the resources for CBSA to do what it needs to do. With regard to forced labour, only one shipment relating to force labour was identified by CBSA and it was returned. My worry is that when we put this legislation in place, there will not be resources to make sure it is effective.

What steps will the government take to ensure that there are adequate resources for this work?