Public Complaints and Review Commission Act

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

Sponsor

Marco Mendicino  Liberal

Status

This bill has received Royal Assent and is, or will soon become, law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

Similar bills

C-3 (43rd Parliament, 1st session) 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
C-98 (42nd Parliament, 1st session) 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

Elsewhere

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

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-20s:

C-20 (2021) An Act to amend the Nova Scotia and Newfoundland and Labrador Additional Fiscal Equalization Offset Payments Act
C-20 (2020) Law An Act respecting further COVID-19 measures
C-20 (2016) Law Appropriation Act No. 3, 2016-17
C-20 (2014) Law Canada-Honduras Economic Growth and Prosperity Act

Votes

June 11, 2024 Passed 3rd reading and adoption of Bill C-20, An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments
June 10, 2024 Passed Concurrence at report stage of Bill C-20, An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments
June 10, 2024 Failed Bill C-20, An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments (report stage amendment)
June 4, 2024 Passed Time allocation for Bill C-20, An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-20 aims to increase the accountability and transparency of Canadian law enforcement by establishing the Public Complaints and Review Commission (PCRC). The PCRC would replace the existing Civilian Review and Complaints Commission for the RCMP and create an independent review body for the Canada Border Services Agency (CBSA), which currently lacks such oversight. The bill includes provisions for timelines for responding to complaints, data collection on race, public education, and addressing serious incidents involving the CBSA and RCMP.

Liberal

  • Supports the Public Complaints and Review Commission: The bill would create a new public complaints and review commission, providing new tools to ensure transparency and accountability for the RCMP and CBSA, ensuring Canadians are treated fairly and consistently.
  • Addressing systemic racism: The PCRC would collect and publish desegregated, race-based data on complainants in consultation with the RCMP and the CBSA in order to combat systemic racism and discrimination in the criminal justice system, as well as advance reconciliation with indigenous peoples.
  • CBSA accountability: The bill would create an independent review body for complaints concerning the CBSA, requiring the CBSA to conduct internal reviews of serious incidents and notify the PCRC and police.
  • Codified timelines: The RCMP and CBSA will have six months to respond to the PCRC's interim reports, and must respond to certain reviews and recommendations of the PCRC within 60 days.

Conservative

  • Support for Bill C-20: The Conservative Party supports the intent of Bill C-20, which seeks to establish the Public Complaints and Review Commission. Members emphasize the need for effective oversight of law enforcement agencies like the RCMP and CBSA.
  • Inadequate support: There is concern for the well-being of RCMP and CBSA officers and the need to ensure they are adequately supported with resources and policies, because overworked and demoralized officers may make mistakes.
  • Revolving door: The current bail system needs reform to prevent the 'revolving door' of crime, where individuals are repeatedly arrested and released. Members argue this affects police morale and community safety.
  • Concerns with Bill C-5: There is a concern with Bill C-5 which eliminates mandatory minimum sentences for serious firearm offences, and may allow criminals to serve house arrest in the same communities they have terrorized.
  • RCMP Commissioner oversight: The party is critical of the RCMP commissioner and questions whether Bill C-20 provides adequate oversight of the commissioner, referencing alleged political interference in the Nova Scotia mass shooting investigation.
  • Increase in violent crime: Members point to statistics showing a significant increase in violent crime, gang-related homicides, and sexual assaults since 2015, suggesting the government's current approach is not working.
  • Ineffective policies: The government's focus on tightening gun control for legal firearms owners is misplaced, and has ignored addressing the root causes of gun violence such as smuggled illegal guns.
  • Lack of consultation: There is concern about the lack of consultation with stakeholders, including indigenous communities and unions representing CBSA officers, during the drafting of the legislation.

NDP

  • General support, improvements needed: The NDP generally supports Bill C-20 as a step toward providing accountability and increasing public trust in the RCMP and CBSA, but recognizes that it falls short of meeting several important recommendations from the report "Systemic Racism in Policing in Canada."
  • Indigenous representation crucial: The NDP emphasizes the need for meaningful Indigenous participation in the commission, including Indigenous investigators and decision-makers, to address the systemic racism experienced by Indigenous peoples at the hands of the RCMP. They also raised concern that the bill as drafted leaves Indigenous representation to the government's discretion, rather than codifying it.
  • CBSA oversight long overdue: The NDP highlights that the CBSA is the only major law enforcement agency in Canada without an independent review mechanism for the bulk of its activity, resulting in unchecked powers and potential for abuse, especially towards refugees and people without status.
  • Address systemic racism: Members assert that systemic racism is deeply rooted within the foundations of the RCMP and CBSA, requiring more than just addressing individual "bad apples." The bill should be amended to address this systemic issue and ensure that it is no longer tolerated.

Bloc

  • Supports the bill: The Bloc Québécois supports Bill C-20 at second reading, because it gives citizens recourse against the Canada Border Services Agency (CBSA) and would create an independent complaint process that is both necessary and good for the public.
  • Independent oversight needed: Allowing an organization to investigate itself never produces great results, so it is very important to have an external oversight body. The current internal handling of complaints means there is nowhere for complainants to turn if they are unsatisfied with the outcome of an investigation.
  • Systemic issues addressed: The union president would like the new commission to deal with misconduct on the part of managers, not just employees. If a complaint points to a systemic problem in the organization, the commission should address that problem rather than directing everything to the one person with whom the traveller interacted.
  • Resources are important: The government needs to ensure that customs officers have enough resources to do their job properly, and the border officers’ union should be involved in the process leading up to the passage of this bill.
  • Process accessibility concerns: Bill C-20 proposes a process that seems a bit long and complicated, and the committee will have to examine whether the process proposed by Bill C‑20 is adequate or if it should be revised. There is a good chance that most people would drop it before reaching the end of the process.

Green

  • Supports bill C-20: The MP for Saanich--Gulf Islands supports the bill because it establishes mechanisms for civilian complaints for the RCMP and Canada Border Services Agency. While the RCMP has had a public complaints commission, it has been inadequate, and there is currently no single entity to handle complaints against the CBSA.
  • CBSA oversight needed: The MP raises concerns about the powers granted to individual CBSA officers and argues for a broader look at the agency's policies and practices. The MP gives examples of constituents who experienced significant difficulties dealing with the CBSA during COVID, including cases where spouses were separated at the border.
  • Concerns about CBSA practices: The MP wants the CBSA to focus on stopping the smuggling of guns and contraband drugs, rather than terrorizing racialized people. The CBSA has been known to prioritize deporting people whose citizenship is not quite right.
  • Amendments will be proposed: The MP will be presenting amendments to Bill C-20 to ensure it is as rigorous and fair as possible. They also emphasize the need to examine systemic racism within the RCMP and implement proactive anti-racism programs and training within both the RCMP and CBSA.
Was this summary helpful and accurate?

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:30 p.m.

Conservative

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

Madam Speaker, I do have to mention I grew up in a law enforcement environment. My father has been, for 32 years, on the Ontario Provincial Police, so I have nothing but the utmost respect for law enforcement, and I mentioned that many times in my speech. Yes, I agree that there are bad apples in every organization. Hopefully this commission and this oversight will help weed out that, and the people who put on that uniform day-in and day-out and do a great job will be proud to have it.

As you mentioned, the bad apples would be weeded out, and that is why the legislation is here. I look forward to it coming into effect and going forward with it.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:30 p.m.

The Assistant Deputy Speaker Carol Hughes

I remind the member that he is to address all questions and comments through the Chair.

The hon. member for Shefford.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:30 p.m.

Bloc

Andréanne Larouche Bloc Shefford, QC

Madam Speaker, I would like to build on the question my colleague asked earlier.

When I worked as the assistant to the member for Brome—Missisquoi, the president of the Customs and Immigration Union, Jean-Pierre Fortin, visited our office. In the early 2000s, we saw the negative effects of the Conservative government's cuts to border crossings. Those cuts created a lot of extremely frustrating situations for the workers.

My colleague brought up the issue of illegal weapons at the border and how it is important to better control them. I would like to hear what he has to say about that.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:30 p.m.

Conservative

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

Madam Speaker, I do have to apologize, but I had a very tough time hearing the question. I think the question was about the commission overall, and yes the Conservatives are in favour of it. We are looking forward to it being in place. It has been a long time overdue. It was a promise in 2015, and it is time to bring it in now.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:30 p.m.

Conservative

Kerry-Lynne Findlay Conservative South Surrey—White Rock, BC

Madam Speaker, I rise to bring a British Columbian perspective to the debate on Bill C-20, the public complaints and review commission act. This legislation would create a framework for reviewing complaints against Royal Canadian Mounted Police officers and Canada Border Services agents.

These law enforcement professionals work tirelessly to keep our communities safe, and they deserve the respect and support of this House. Unfortunately, the federal government is complacent about protecting Canadians, making a difficult job even harder for border agents and RCMP officers. B.C. cities, including my home of Surrey, are facing an onslaught of crime, including gang activity, property damage and violence.

It is no wonder. In 2019, the Liberals passed legislation that directed a principle of restraint when imposing bail conditions. Under this soft-on-crime policy, police are often forced to release known criminals on a promise that they will show up in court, a practice known as catch and release.

This approach is not working in B.C. Last December, in Surrey, a man with a criminal record of 23 convictions of assault attacked a mother and her 11-month-old child. Also last year, another man stole a ferry vessel from Victoria harbour. He was arrested, released and later caught shattering the windows and doors of local businesses. In Kelowna, one man is responsible for 346 complaints to local police in the last six years, leading to 29 convictions for assault and property crime. This is not unusual.

The BC Urban Mayors' Caucus has sounded the alarm bells, calling for action to prevent this cycle of crime. The Surrey Board of Trade, an organization normally associated with economic development in my region, is expressing its concern with crime on the streets. It recently said:

The economic development of any community relies upon its reputation as a safe, viable region in which to locate and do business, with supporting infrastructure, community assets and, most importantly, customers willing to walk in the door. However, if customers feel unsafe, they won't come. If the reputation of a region is suspect, businesses won't come.

The breakdown of public safety has hit my community of South Surrey—White Rock and nearby areas hard, but the problem extends far beyond B.C. It is a national mess. We all watched with horror this summer the mass killing on James Smith Cree First Nation in Saskatchewan. The perpetrator had been charged with over 120 crimes and convicted 59 times, but none of that prevented him from taking 10 indigenous lives.

To make matters worse, the Liberals have rewritten sentencing for serious crimes, putting criminals back on the street sooner than they ought to be. They lowered sentences for crimes like assault with a weapon, abduction of a minor and participation in the activities of a criminal organization, making these crimes eligible for summary convictions. The Prime Minister expanded house arrest for other serious offences, including sexual assault, kidnapping, human trafficking, motor vehicle theft and arson.

The government is also failing when it comes to gang prevention. Just yesterday, a prominent member of the Indo-Canadian community in Surrey—

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:35 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, forgive me, but I rise on a point of order. This is completely off topic. The issue we are talking about is directly with respect to the oversight bodies that are going to be set up for the CBSA and the RCMP. The member, like so many Conservative members who have spoken today, has gone way off topic. Perhaps the Speaker could encourage the member to get back on topic.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:35 p.m.

The Assistant Deputy Speaker Carol Hughes

I will remind the hon. parliamentary secretary that there is some latitude during the debate. However, I would also remind parliamentarians that when they are debating, the subject matter needs to relate to the bill before the House. I assume they will make sure they mention the bill during their speeches.

The hon. member for South Surrey—White Rock.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:35 p.m.

Conservative

Kerry-Lynne Findlay Conservative South Surrey—White Rock, BC

Madam Speaker, in response, I take great offence to the member's point of order, because I mentioned the bill at the beginning. I set it out. I am talking about the kinds of things RCMP officers and border services agents, who will be the subject of these complaints, are dealing with on a daily basis. What they deal with on a daily basis is very relevant to why we should have a complaints commission, and that is exactly what I am talking about.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:35 p.m.

The Assistant Deputy Speaker Carol Hughes

I again want to remind members that there is some latitude. I also want to remind them that this is not about mentioning the bill just once. Throughout the debate, members can bring it back to parts of the bill, but we need to try to make sure that the information being provided is as closely related to the bill as possible.

The hon. member for South Surrey—White Rock.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:40 p.m.

Conservative

Kerry-Lynne Findlay Conservative South Surrey—White Rock, BC

Madam Speaker, I am going to repeat a bit because of the interruption.

Just yesterday, a prominent member of the Indo-Canadian community in Surrey told me of significant gaps in the evaluation of gang prevention programs. He noted that some programs have not been evaluated since 2012. That is 10 years ago. He asked, “How can you monitor effectiveness, assess performance targets or implement lessons learned if you continually lag behind in program evaluation?”

The government likes to make announcements with big dollar figures, but if the money does not help at-risk youth access employment and deal with their trauma, then the government is failing. Just last week, with the support of the NDP, the Liberals eliminated mandatory prison time for serious gun crimes, including robbery or extortion with a firearm, weapons trafficking, discharging a firearm with intent, using a firearm in the commission of a crime, and reckless discharge of a firearm.

While the Prime Minister is bringing in bills like Bill C-20 and letting drive-by shooters and gunrunners back into our community, he had the gall to come to Surrey recently to announce new gun control measures. His plan targets legal firearms owners, including hunters, sport shooters and collectors, forcing them to hand over their property to the government. On the one hand, he is punishing and confiscating the assets of law-abiding citizens, and on the other, he is giving criminals a break. It does not make sense.

Meanwhile, in the middle of the opioid crisis, the Prime Minister eliminated mandatory prison time for drug dealers. For context, over 31,000 Canadians have lost their lives to overdose since he became Prime Minister. Now the crime of producing heroin, cocaine, fentanyl or crystal meth is not subject to a mandatory minimum sentence. The same goes for drug smuggling and drug trafficking. What are the 13 NDP MPs from B.C. doing about it? They voted for this reckless plan.

All of this comes as the violent crime rate is spiking to a level not seen since the end of the Chrétien-Martin era. It is up 32% since the Liberals took office. Just last month in Burnaby, Constable Shaelyn Yang was stabbed to death. My thoughts and prayers remain with her family and the B.C. policing community.

The member with whom I am sharing time today, the member for Barrie—Springwater—Oro-Medonte, just had the heartbreaking job of attending the funerals of two Barrie police officers who were killed in the line of duty in October. He knows the pain that this tragedy inflicted on his community and beyond. These stories are becoming commonplace in Canada.

Under the watch of the Liberal Party, homicide rates are up nearly 30%, gang-related murders are up 92% and sexual assaults have increased by 61%. Police-reported hate crimes have increased 72% over the last two years. I will be unequivocal—

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:40 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, on a point of order, we have Bill C-5 before us, which deals with minimum sentences. We have Bill C-21, which deals with guns. Now the member is going over some statistics. I realize there is a great deal of latitude. I am just pointing out that she might want to save parts of her speech for other pieces of legislation that are more—

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:40 p.m.

The Assistant Deputy Speaker Carol Hughes

Again, I want to remind the member, which he mentioned himself, that there is some latitude with this type of bill. I have the bill before me, and there is a lot that can be brought forward during the debate based on the bill. I want to remind members to please be respectful.

The hon. member for South Surrey—White Rock can continue.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:40 p.m.

Conservative

Kerry-Lynne Findlay Conservative South Surrey—White Rock, BC

Madam Speaker, I have faith in your pronouncements, not in the heckling from the other side.

I will be unequivocal. Our justice system is broken and the blame rests with the Prime Minister. He changed the system to cater to the sensibilities of left-wing activists who want to defund the police, rather than support communities who want safe streets for their children and grandchildren. The new justice system puts criminals first and the victims last. It took the justice minister almost a year to appoint a new victims ombudsperson. It puts the wants of one offender ahead of the needs of a whole community. It frees the felon while tying the hands of law enforcement.

Despite these challenges, the RCMP in White Rock and Surrey do yeoman's work to serve and protect the residents of my riding, as do the CBSA agents who work at the Peace Arch and Pacific Highway border crossings, which includes dealing with migrants illegally crossing into Canada daily, not at points of entry. They are the first line of defence for my community against human trafficking and the illegal importation of guns and drugs.

The Liberals threw CBSA a curve ball last year when they implemented the costly and ineffective ArriveCAN app. Their $54-million boondoggle frustrated travelling seniors, hampered our tourism sector and put border agents in the untenable position of enforcing the mandatory use of the app. As always, CBSA agents conducted themselves with professionalism.

With that said, the public should always have a right to question the decisions and actions of any law enforcement agency, including the RCMP and CBSA. We lean into and support these agencies, but also believe in transparency and accountability. That is why Conservatives will support Bill C-20. This legislation requires the RCMP and CBSA to share information related to public complaints with a new body, the public complaints and review commission. The commission would make recommendations for potential disciplinary action to the relevant law enforcement agency with legislated timelines to respond.

The bill would require both the RCMP and CBSA to report on actions taken in response to the commission's recommendations. The legislation would also require the commission to report disaggregated race-based data to Parliament.

While I will vote for the bill, I am taking this opportunity to raise a word of caution. We cannot allow our public safety institutions to erode any further. Come the next election, whenever that may be, voters in the Lower Mainland and on Vancouver Island can count on Conservatives to clean up the mess made of our cities and of our borders. We will restore safe streets and protect the rights of victims.

I have been talking about Bill C-20 throughout.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:45 p.m.

Kingston and the Islands Ontario

Liberal

Mark Gerretsen LiberalParliamentary Secretary to the Leader of the Government in the House of Commons (Senate)

Madam Speaker, with all due respect, she did not. What she did was she talked about guns, she talked about various different crimes, and she talked about her position on this government, which is all very important. I listened to her speech from beginning to end, and there were only two or three sentences at about the nine-minute and 30-second mark where she actually brought it back to the bill by saying that what we are going to vote on is the oversight on all of this stuff.

I am wondering if she would like to take the opportunity now to comment on why it is important to have this oversight committee set up to look into the conduct, the actions and, indeed, the complaints brought forward. That is what this bill is really about.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:45 p.m.

Conservative

Kerry-Lynne Findlay Conservative South Surrey—White Rock, BC

Madam Speaker, it is actually a commission, not a committee. I do not believe the member, who kept referring to me as “she” as opposed to being more respectful and using the term of either “member” or even my riding, was listening to my speech.

The whole point of my speech was that we are supporting Bill C-20. We believe in transparency and accountability. We believe the idea of a commission to put forward complaints, filter through and facilitate them is a good idea, but it was also to point out the very hard work and challenges that both the RCMP and CBSA agents face on a daily basis. That was the point.