Public Complaints and Review Commission Act

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

This bill is from the 44th Parliament, 1st session, which ended in January 2025.

Sponsor

Marco Mendicino  Liberal

Status

This bill has received Royal Assent and is now 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 / 5:45 p.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Madam Speaker, one thing we could all agree on in this place is that the tragedy of the opioid overdose crisis is something that is of concern to everybody.

I would point out, though, that opioid overdose deaths did not begin in 2015. I represent Vancouver Kingsway, and in the Lower Mainland thousands of people died of the opioid overdose crisis before that. I would posit that one of the reasons, if we talked to the families of people who died, is that most of these people were getting their drugs from organized crime, which does not care at all about the drugs being sold. They are buying tainted, dangerous drugs on the street from organized crime, and this is the cause of their death.

I am just wondering. What would my hon. colleague say to that? Does she think that we could interdict our way out of that?

Public Complaints and Review Commission ActGovernment Orders

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

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Do not call her “she”. She gets offended by that.

Public Complaints and Review Commission ActGovernment Orders

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

NDP

Don Davies NDP Vancouver Kingsway, BC

Pardon me, Madam Speaker. Does the hon. member believe that—

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:50 p.m.

Conservative

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Madam Speaker, I rise on a point of order. We all heard it. I would just ask that this member apologize.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:50 p.m.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:50 p.m.

Liberal

Mark Gerretsen Liberal Kingston and the Islands, ON

Madam Speaker, I only heard the member for Vancouver Kingsway commit the same sin that I did and that was to accidentally call the member “she”. I apologize.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:50 p.m.

The Assistant Deputy Speaker Carol Hughes

I just want to remind members to be respectful of each other, and I am going to leave it at that. I think it is not appropriate to get into a debate about the word “she” at this point. I know that the hon. member was referring to the member, so I think that this is all an interpretation.

The hon. member for Vancouver Kingsway can finish his question.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:50 p.m.

NDP

Don Davies NDP Vancouver Kingsway, BC

Madam Speaker, I certainly meant no disrespect.

Does the hon. member believe that we can interdict our way out of this problem? What does she think about the prospect of trying a new approach, other than the failed war on drugs, to try to make sure that people can at least get the drugs they are addicted to from a pharmacy or some other place where they can be assured that the quality of the drugs they are getting will not kill them?

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:50 p.m.

Conservative

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

Madam Speaker, we believe, on this side of the House, in trying to help lives lost to drugs. We believe in recovery. We believe in helping people make better choices and get to better places in their lives, so that they can get back to being productive. We also believe in being compassionate. I have spent a lot of my volunteer time, over many years now, working with recovery programs and working with those who are the subject of addiction, something that touches on so many lives in Canada and so many of us here in the House and our families.

I appreciate the respect that the member for Vancouver Kingsway showed me in the way he spoke to me, as opposed to the previous member from the Liberal Party.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:50 p.m.

Conservative

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Madam Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Cariboo.

I am just going to relate my question to the previous comment from the NDP, where he talked about people who are gang members poisoning our people with drugs. I wonder if my hon. colleague would comment on the fact that the NDP is similarly, at the same time, lowering sentences for people who are doing this very pernicious activity and inserting this risk into the community.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:50 p.m.

Conservative

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

Madam Speaker, my friend, also having been a prosecutor before he came to this place, is well aware of the havoc that is wrought by drug dealers, drug smugglers and those who would traffic to our children and even incorporate them into gang life at a very young age, partly through getting them addicted to drugs.

Yes, it is very serious that the NDP are supporting the Liberals in their soft-on-crime approach.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:50 p.m.

Sackville—Preston—Chezzetcook Nova Scotia

Liberal

Darrell Samson LiberalParliamentary Secretary to the Minister of Veterans Affairs and Associate Minister of National Defence

Madam Speaker, I appreciate the opportunity, as the member of Parliament for Sackville—Preston—Chezzetcook, to speak in this debate on second reading of Bill C-20, an act establishing the public complaints and review commission and amending certain acts and statutory instruments.

Bill C-20 would enact a new stand-alone statute establishing a public complaints and review commission for both the RCMP and the CBSA, replacing the existing civilian review and complaints commission for the RCMP. The bill would also enact additional accountability and transparency mechanisms, including codifying timelines for RCMP and CBSA responses to PCRC interim reports, reviews and recommendations. The bill also includes a provision for mandatory annual reporting by the RCMP and CBSA on actions taken in response to the PCRC recommendations, as well as provisions for mandatory reporting of disaggregated race-based data by the PCRC.

The bill would provide for a mandatory PCRC public education and information program. The bill would provide a statutory framework for governing the CBSA responses to serious incidents. I would like to provide—

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 5:50 p.m.

The Assistant Deputy Speaker Carol Hughes

It being 5:54 p.m., the House will now proceed to the consideration of Private Members' Business as listed on today's Order Paper. The hon. member will have eight minutes and 15 seconds the next time this matter is before the House.

The House resumed from November 22 consideration of the motion 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.

Public Complaints and Review Commission ActGovernment Orders

November 25th, 2022 / 10 a.m.

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.