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

[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?

[Mark Gerretsen, Liberal, Kingston and the Islands, ON]

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

[Don Davies, NDP, Vancouver Kingsway, BC]

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

[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.

[The Assistant Deputy Speaker, Carol Hughes]

The hon. parliamentary secretary to the government House leader.

[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.

[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.

[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?

[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.

[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.

[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.

[Darrell Samson, Liberal, Parliamentary 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—

[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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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