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

[Matthew Green, NDP, Hamilton Centre, ON]

Mr. Speaker, I appreciate the opportunity. Forty-three recommendations came from the report on systemic racism in policing in Canada. I would go even further to note the recent events within the context of the occupation, the convoy and what we witnessed in Nova Scotia. Right now there is a lack of trust and an erosion of trust within our institution of policing.

The report is good work, with 18 meetings, 53 witnesses and 43 recommendations. It blows my mind that the government will set aside the good work of Parliament that has already been done and provide incomplete legislation.

We are calling on the government to listen to the recommendations that are contained within the report on systemic racism, which is informed by subject-matter experts across the country. At committee, I implore members to address these things and make sure they are included, because if the bill comes back to the House and they are not included, there is definitely going to be a problem.

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

Mr. Speaker, the public safety committee report that the member referred to on racism within the RCMP made a number of recommendations, as the member highlighted, about indigenous policing. I wonder if the member could perhaps expand his thinking on that a bit. The report made recommendations about indigenous policing not only on reserve but off reserve. I wonder if he has some comments about that.

[Matthew Green, NDP, Hamilton Centre, ON]

Mr. Speaker, I really appreciate the hon. member for allowing me to expand on that, given my proximity to the Haudenosaunee territory, where the Six Nations of the Grand River are actively involved in their own policing.

If we acknowledge that we are in nation-to-nation relationships, then we have to grant sovereignty, ultimately, over all decisions within those territories, which would absolutely include policing. We only have to look at the pipeline to prison, which starts, as we know, with policing in schools and ends up with the disgusting and abhorrent overrepresentation of indigenous people within our prison systems. That is absolutely an indictment on the ways we have failed to provide fair and adequate access to the legal system.

What we need to do is work toward having a justice system in this country. We cannot have a justice system until we address the ongoing colonialism that is expressed through the state's monopoly on violence as it relates to policing within indigenous communities.

[Sylvie Bérubé, Bloc, Abitibi—Baie-James—Nunavik—Eeyou, QC]

Mr. Speaker, I thank my hon. colleague for his speech, in which he pointed out some facts about indigenous people in the justice system.

What does he think of the border services complaints process? Are there any other processes that would help ensure that indigenous people are no longer overrepresented?

[Matthew Green, NDP, Hamilton Centre, ON]

Mr. Speaker, this is an important reference to the Jay Treaty, which is a historical reference to the sovereign nationalism that is embedded in the treaties that allow indigenous first nations people who are a part of the Jay Treaty to travel freely, unencumbered, back and forth across the border. It is an integral part of our historical treaty rights, which need to be respected.

This is a very important point brought up by the hon. member from the Bloc. I suggest that given the recommendations, we invite experts on the Jay Treaty to come here. Part of the understanding of cultural competency and having not just moral duties but a legal duty to understand the implications of treaties and treaty-based systems nation to nation would include the CBSA having a full and clear training process on the Jay Treaty. Then when people who have inherent rights arrive at the border, they will not be criminalized, vilified or pulled into secondary to explain what their rights and constitutional protections are under the Jay Treaty.

[Annie Koutrakis, Liberal, Parliamentary Secretary to the Minister of Transport]

Mr. Speaker, I rise today to speak to Bill C-20, an act establishing the public complaints and review commission and amending certain acts and statutory instruments.

Canadians must have confidence in the agencies tasked with keeping them safe. Be it in our communities or at our borders, public trust is essential to the work of the Royal Canadian Mounted Police and the Canada Border Services Agency. This legislation seeks to close a long-standing gap by providing the CBSA with an independent review body that would ensure transparency and accountability for Canadians. For the RCMP, the bill would update and enhance its current civilian accountability body, the Civilian Review and Complaints Commission.

I would like to use my time today to speak to some of the details of this legislation.

Bill C-20 would combine RCMP and CBSA review under a newly established public complaints review commission, or the PCRC. Understanding that Canadians expect timely responses from their public institutions, and recognizing past criticisms that the RCMP has been slow to respond to reports from the CRCC, this bill would establish defined timelines for RCMP and CBSA responses to complaints and recommendations.

For specified activity reviews and recommendations by the PCRC, an RCMP or CBSA response would be required within 60 calendar days. Responses to interim reports concerning complaints would be required within six months, and the RCMP and CBSA would report annually to the Minister of Public Safety on progress in implementing PCRC recommendations.

However, establishing strict reporting standards is just one component of this legislation. Our government recognizes that in order for the PCRC to have the tools to ensure accountability, it has to be given the appropriate investigative powers and responsibilities. This bill would do just that. It would establish a robust mandate for the PCRC by giving it the ability to conduct specified activity reviews, on its own initiative or at the request of the minister, of any non-national security activities of the RCMP or the CBSA.

The PCRC would also be able to receive and investigate complaints from the public concerning the level of service provided by the RCMP and the CBSA, as well as the conduct of RCMP and CBSA employees. The findings of these investigations, along with any recommendations, would be reported to either the RCMP or the CBSA and to the minister.

In addition, the PCRC would be able to recommend that RCMP and CBSA deputy heads initiate disciplinary-related processes, or impose a disciplinary measure, under certain circumstances; conduct a joint investigation, review or hearing into complaints with appropriate authorities of any other jurisdiction when needed; refer national security matters to the National Security and Intelligence Review Agency and co-operate with NSIRA to avoid duplication of work; and have access to any information relevant to the review or complaint that the RCMP and the CBSA possess.

Another key aspect of this legislation is ensuring that the RCMP and the CBSA continue their work to transform their cultures by enhancing accountability. This would contribute to our government's efforts to combat systemic racism and discrimination in the criminal justice system, and would continue advancing efforts toward a path of reconciliation with first nations, Inuit and Métis peoples.

With this bill, the PCRC would be required to collect and publish disaggregated race-based data, in consultation with the RCMP and the CBSA, to increase knowledge about systemic racism in law enforcement and inform solutions to better respond to it. Canadians have made it clear that addressing systemic racism in law enforcement is an urgent priority. This includes work done by the Standing Committee on Public Safety and National Security, which culminated in the report entitled “Systemic Racism in Policing in Canada”. Our government understands that collecting and publishing race-based data on complainants is one way that knowledge gaps around systemic racism would be filled.

I am pleased to say that this bill responds to the committee's recommendation that the government clarify and strengthen the mandate, independence and efficacy of the CRCC. In addition, Bill C-20 would direct 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 indigenous, Black and all racialized Canadians. To support this very important initiative, our government is investing $112.3 million over six years, and $19.4 million per year ongoing, to establish the PCRC and ensure that it is properly funded to do its job.

This is a vital piece of legislation and one that I think we can all agree is long overdue. It is a major step forward for accountability and transparency within both the RCMP and the CBSA. By providing robust and effective review, we will be ensuring that our border services and national law enforcement agencies remain world class and are worthy of the trust of Canadians.

I urge hon. members to join me in supporting this important bill.

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

Mr. Speaker, my question relates to funding for the CBSA.

We heard at committee from members working for the CBSA that it is understaffed and under a great deal of pressure. It is one thing to hold the CBSA accountable with a public complaints commission, but it is quite another for Parliament to support it so it can do its job adequately. I wonder if the member has comments about that.

[Annie Koutrakis, Liberal, Vimy, QC]

Mr. Speaker, as we have said time and time again, Canadians must have confidence in our law enforcement agencies, which begins by building public trust. One way to do that is to ensure that we have adequate funding. This is why we have put in the budget extra funding for the CBSA.

The CBSA is a very important agency. It helps keep Canadians feeling safe and secure. On this side of the House, we will always make sure that the CBSA has the appropriate resources to deliver on its mandate.

[Christine Normandin, Bloc, Saint-Jean, QC]

Mr. Speaker, I thank my colleague for her speech. I would like her to talk about what happens after the bill passes. It is one thing to have a good bill that provides a complaint mechanism, but the public needs to be well informed about it.

Take the compensation for victims of sexual misconduct in the army, for example. We recently found out that very few francophones were able to receive compensation because it had not been well publicized.

Even when the intentions are good, if the complaint mechanism is not well publicized then the legislation loses some of its value. I would like my colleague to talk to us about the importance of ensuring that the public is fully informed once the bill is implemented.

[Annie Koutrakis, Liberal, Vimy, QC]

Mr. Speaker, I thank my hon. colleague for the question. It is an important question.

Our goal is for all agencies to have more transparency and credibility. We will issue a report immediately after the bill passes. In committee, we can make more recommendations and suggestions, but our goal is to issue a report for all Canadians.

[Lori Idlout, NDP, Nunavut, NU]

Uqaqtittiji, I have a two-part question.

Given that there has been an acknowledgement of systemic racism by both the government and the standing committee, it is a shock to me that there is not more mention about the need to address systemic racism.

The first part of my question is this. Should the commissioners not include representation from the BIPOC community?

As to the second part, when the commission is doing its work, is it not important that the commissioners have cultural competency training and trauma-informed training so they can ensure a better understanding of the BIPOC community?

[Annie Koutrakis, Liberal, Vimy, QC]

Mr. Speaker, as we have always said, this government ensures that we consult with our indigenous peoples to make sure we hear of all their worries and the things that preoccupy their communities, and that they are well served.

If the hon. member has specific recommendations she would like to see on what more we could be doing to engage our indigenous communities, I welcome that conversation with her.

[Mike Morrice, Green, Kitchener Centre, ON]

Mr. Speaker, words really matter in this place. The parliamentary secretary just referred to “our indigenous people”. Indigenous people do not belong to anyone in this country. I wonder if she could restate her response to the member for Nunavut, specifically with respect to the call from the member for Hamilton Centre to ensure there are indigenous people on the oversight body.

Does she not agree that recommendation No. 4 from the report previously mentioned should be in the bill?

[Annie Koutrakis, Liberal, Vimy, QC]

Mr. Speaker, I thank the member for pointing out the correction. I really appreciate it. In no way did I mean to disrespect indigenous peoples in Canada.

Yes, I do agree there should be consultation with indigenous peoples to make sure there is no gap in the bill.

[Dan Muys, Conservative, Flamborough—Glanbrook, ON]

Mr. Speaker, it is always an honour to rise in the House to speak on behalf of the people of Flamborough—Glanbrook, certainly today on Bill C-20, which is an act to establish the public complaints and review commission. However, if members would allow me to depart for a moment from the debate on Bill C-20, I would like to recognize that today is my parents' 56th wedding anniversary.

A marriage of 56 years is a pretty incredible achievement unto itself, but I need to recognize that this has been a challenging year for my parents because my dad was diagnosed with lung cancer earlier in the year, in January. The great news is that they were able to remove the cancerous mass and he has undergone chemotherapy. My mom is a retired nurse, so she was by his side every step of the way, nursing him back to health and strength. He has made a full recovery. He is a naturalist with a picturesque rural property, and he is now able to get out and about to see his water fountains and his birds. He is very happy about that. In 56 years, there have been ups and downs, no doubt, but they are still able to walk hand in hand. I wish a happy anniversary to my mom and dad.

I thank members for allowing that diversion from Bill C-20. I will now move back to the matter at hand. We know that the bill would rename the Civilian Review and Complaints Commission for the RCMP to the public complaints and review commission, or the PCRC.

Under its new name, the commission would be responsible for reviewing civilian complaints of the Canada Border Services Agency as well as the RCMP. The civilian review commission would improve the oversight, and it is hoped that it would thereby help the RCMP and the CBSA become more effective agencies in their duties and functions.

Canadians certainly expect effective oversight of their federal law enforcement authorities, which is why we support this bill. I will reiterate some of the things that have been mentioned that the bill would deliver on and how that oversight would be provided to Canadians.

There would be codified timelines for RCMP and CBSA responses to PCRC interim reports, reviews and commissions. There would be information sharing between the RCMP, CBSA and the PCRC. There would also be mandatory annual reporting by both the RCMP and the CBSA on actions to be taken in response to the recommendations of the PCRC.

Race-based data, which has been referred to and discussed here, would be mandatory under Bill C-20, which would provide some additional context. Of course, there would be public education, as well as a statutory framework to govern CBSA responses to serious incidents.

All of this makes sense and should help improve the transparency that Canadians expect from their public institutions and, in doing so, the effective operation of these federal law enforcement agencies. Certainly the RCMP is there to ensure the safety of Canadians and to police our laws.

The CBSA is there to uphold the dignity of our borders. Ensuring that the CBSA is both properly resourced and equipped is an important part of doing that. We believe that these oversight bodies would help accomplish this, and we note that the government is planning to invest $122 million over six years, with an ongoing amount, for the creation of this independent review and complaints body. We support all of that.

We do wonder why it has taken so long to fulfill this original campaign promise from 2015. However, we do know, as well, that Liberal inaction, delay and misaligned priorities are certainly something that is not new to Canadians.

While we are on the subject of public safety, I am certainly compelled to speak up on behalf of the people of Flamborough—Glanbrook, and indeed, all of Hamilton, Ontario and Canada, to talk about the alarming increase in gangs and violent crime plaguing our streets.

A statistic was recently put out by Statistics Canada on gang-related homicides. It confirmed that there has been a 92% increase in gang-related homicides across Canada since the Liberals took office.