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

[An. hon member]

Wow.

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

Mr. Speaker, wow is right. It is an alarming number. We also know that there has been a 32% increase in violent crimes as well.

Those are startling numbers on their own. What is even more horrifying is to imagine the faces of the victims, the women, children and seniors living in our communities, who are impacted by the notion that this increase in gang violence and violent crime is out there. That is an awful feeling to contend with, knowing that it is all too close.

The communities I represent are part of the greater Toronto and Hamilton area, so we feel that increase in gang activity in the GTA. We see the headlines, the stories and the bloody images on the news. We know that our communities are not immune, as we have seen that increase in home invasions, shootings and more.

In fact, there was a very bloody shooting in broad daylight of a notorious mob boss on the driveway of a home in Waterdown, a community in my riding, which is adjacent to Burlington. It is a community of 15,000 people, and in broad daylight, a mob boss was gunned down. That made national and international news. We know that there has been a surge in violent crime in the Niagara region as well. The police there have spoken about that and the statistics that were recently reported bear that out.

I would submit that all of this is because of the government’s soft-on-crime approach, which we have seen with Bill C-5, the ending of mandatory minimums for a host of violent crimes. The message to gangs and violent criminals from the Liberal government has been very clear: If they do a crime, they will not do the time. They might have to do some house arrest. We are talking about very serious crimes such as rape, assault, stabbings, drive-by shootings and gun violence. It is no wonder I am hearing from more and more constituents about the crime that is happening in the community and what is happening all around us.

The homicide report that Statistics Canada put out, which I referred to, noted that 2021 was the biggest year ever for gang-related murder, the highest rate ever recorded in Canada. That is quite alarming. Homicides overall were up 3% since 2020, year over year. It is the highest national homicide rate since 2005, which means that the seven years of the Liberal soft-on-crime policies have undone all the work of the previous Conservative government, which had left our streets much safer.

In my home city of Hamilton, the homicide rate, at a rate of 2.57 per 100,000 people, is above both the national average and the Ontario average. This is a consequence of the increase in gang violence. The police in the neighbouring Niagara region recently estimated there are 32 gangs operating in the region, primarily operating between the GTA, Niagara and Hamilton, throughout the surrounding areas. The police say that, as a result of this, they are seeing increases in drug trafficking, human trafficking, robberies, home invasions and shooting incidents.

In concluding my remarks on Bill C-20, the bill itself, and the necessary oversight it would create for the RCMP and CBSA, are good in our view, although a long time coming. In the wider context of the state of public safety in Canada, the situation is getting worse. The communities in my riding and across Canada are far less safe. Gangs and violent crime are accelerating at an alarming pace. It is a very real daily worry for far too many Canadians. Seven years of Liberal soft-on-crime policies have taken their toll.

Canadians can count on a new Conservative government, after the next election, to turn this around, reverse these horrifying crimes, statistics and trends, and make our communities safe once again.

[George Chahal, Liberal, Calgary Skyview, AB]

Mr. Speaker, I am wondering if the hon. member could comment on this: In the province of Alberta, we saw the Conservative provincial government cut and gut funding to local municipal police services. Does the member support the Conservative measures of cutting funding and taking revenues from municipalities that are trying to make their communities safer?

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

Mr. Speaker, we are here debating federal legislation. I have cited a number of statistics put out by Statistics Canada on a federal level that have seen an increase in gang violence and an increase in violent crime, and that is impacting our communities. I can assure the hon. member that a Conservative government will reverse that trend, make those investments and make our streets safe again.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, I would look at Bill C-20 as progressive legislation that is bringing forward a higher sense of accountability to an area that has not really had it before, and that is the Canadian border control, with the independent commission. It will be dealing with not only the RCMP but also the border control officers at the same time.

Can my colleague provide his thoughts on the importance of bringing both agencies in under one commission?

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

Mr. Speaker, that is one of the things we support, bringing in both of those agencies. My understanding is that it is the first time they have been brought together.

Our borders, as has been noted in debate on this piece of legislation, are extremely important. They are extremely important in my community. We are not far from the Canada-U.S. border, on a very large international trade corridor. I welcome anything that will make the CBSA more effective and more accountable.

Bill C-20. Second reading

The House resumed 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.

[Kevin Lamoureux, Liberal, Parliamentary Secretary to the Leader of the Government in the House of Commons]

Mr. Speaker, we recognize that Bill C-20 is a piece of legislation that really does make a difference. We are taking a look at the RCMP and ensuring there is an independent commission to reinforce public confidence in our RCMP when we get bad apples, but it also extends out to Canada's border control. Again, a vast majority, whether they are RCMP officers or border control officers, do a fantastic job seven days a week, 24 hours a day for Canadians, but we need to recognize that there are bad apples and within that group, there is a need for this legislation and for the independent commission.

Can I get the member's thoughts on the importance of enforcing public confidence in our institutions?

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

Mr. Speaker, I thank the member for Winnipeg North for the promotional message on behalf of Bill C-20 and the apparent work of his government.

We support Bill C-20 for some of the reasons he outlined and other reasons we have articulated in our interventions on this piece of legislation, but there is something the Liberals still have not talked about. The question was asked in question period today and was not answered. There is a 92% increase in gang-related homicides. That is an alarming statistic. That is of concern to people in my community and communities all across Canada. That is causing women, children and all people in every community to be concerned for their safety. There are no answers from the government on this. We have seen that trend, because of its soft-on-crime policy.

[Brian Masse, NDP, Windsor West, ON]

Mr. Speaker, I have been listening to this debate and I want to make a comment in response to the member for Winnipeg North, who has intervened several times to talk about bad apples among, basically, our border officers. I take exception to that, as someone who serves on the border, in view of the stress, the anxiety and the way our CBSA officers were treated during the pandemic, when there was no plan to even actually vaccinate them and it was left to be addressed border crossing by border crossing.

They have had a high degree of problems related to collective agreements that were never signed on time and never negotiated in good faith with the government.

I find it, quite frankly, offensive, with regard to these men and women who are on the front line every single day, under incredible stress and pressure, that the member for Winnipeg North is continually obsessed with pointing out that there are some so-called bad apples.

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

Mr. Speaker, the hon. member for Windsor West is in a bordering community, a very important border, where a large percentage of the Canada-U.S. trade crosses each day. The hon. member for Windsor West knows full well the impact that CBSA officers have and what they are dealing with every day.

We agree. We need to have fluidity and resiliency in our supply chains. He raises some good points that the government should consider at committee, on reflection on this piece of legislation.

[George Chahal, Liberal, Calgary Skyview, AB]

Mr. Speaker, I rise today aware that we stand on the traditional unceded territory of the Algonquin Anishinabe nation.

Today we are discussing Bill C-20, which would enact a new stand-alone statute. The public complaints and review commission act would provide an external review regime for both the Royal Canadian Mounted Police and the Canada Border Services Agency.

The bill responds to a long-standing need to establish an independent review body for the CBSA and improve RCMP review, which builds on previous proposals, such as Bill C-98 from 2019 and Bill C-3 from 2020.

Additionally, this bill advances the Minister of Public Safety's mandate letter with commitments to create a review body for the CBSA and codify defined timelines for RCMP and CBSA responses to complaints and recommendations; combat systematic racism and discrimination in the criminal justice system; and continue advancing efforts toward a path of reconciliation with first nations, Inuit and Métis peoples.

Currently, the RCMP has a civilian accountability body in the existing Civilian Review and Complaints Commission. This bill, through the establishment of a public complaints and review commission, would build upon the existing CRCC and provide additional accountability and transparency tools to deal with complaints concerning the RCMP and CBSA.

Bill C-20 includes timelines that codify when a response is required to an interim report related to complaints, reviews or recommendations from the PCRC. Through the PCRC, codified timelines would provide six months for RCMP and CBSA responses to interim reports for complaints, and 60 days for specified activity reviews and recommendations. Not only would the RCMP and the CBSA have to report to the commissioner of the PCRC within these timelines, but the bill would also obligate the RCMP commissioner and the CBSA president to submit an annual report to the Minister of Public Safety on how they have responded to PCRC recommendations.

Combatting systemic racism continues to be a priority for this government and will be reflected through PCRC initiatives. The PCRC will collect race-based data to increase knowledge about systemic racism in law enforcement in order to provide informed responses and recommendations. As with the collection of race-based data, the public information mandate will be especially important in increasing awareness of the PCRC's mandate among indigenous, Black and racialized communities. As a former city councillor and city of Calgary police commissioner and chair of the public safety task force in the city of Calgary, I know how important this data is to support local decision-making within and across our country.

Overall, the PCRC would look to support previously established timeliness goals. Over the last year, the RCMP has improved the timelines within which it responds to the CRCC. We want to ensure these efforts are maintained. To ensure this improvement continues, the PCRC would be able to conduct specified activity reviews for the CBSA and the RCMP of any non-national security activities, either on the PCRC's own initiative or at the request of the minister.

The bill includes provisions for the PCRC to conduct complaint-related investigations. The PCRC would receive complaints from the public about RCMP and CBSA conduct or levels of service. It would also conduct reviews when complainants are not satisfied with the RCMP's or CBSA's handling of their complaints.

For the CBSA specifically, this would include non-national-security activities conducted by agents at the border, and in land, while administering duties under more than 90 acts, regulations and agreements on behalf of other federal departments and agencies, provinces and the territories. The PCRC would report findings and recommendations to the RCMP, the CBSA and the minister.

The bill would provide a statutory framework, through the CBSA Act, to govern the CBSA's responses to serious incidents, which are currently governed by internal policy. More precisely, the bill would establish an obligation for the CBSA to conduct internal investigations into alleged serious incidents, which include notifying police of jurisdiction and the PCRC, when such incidents occur, and the creation of reports for serious incidents.

The bill before us is a high priority for this government. We remain determined to strengthen transparency and accountability. The bill we are discussing today encompasses all that we have learned throughout this process, by responding to the overdue issues while reinforcing established priorities.

This bill would address previously discussed difficulties, such as the need to respond to recommendations in a timely manner, and importantly, this bill partly responds to the evidence of systemic racism in the law enforcement system and the urgent need to find solutions to support and protect marginalized communities in Canada. The government has responded to those issues with a stand-alone bill that highlights the importance of civilian review of law enforcement.

I urge hon. members to join me in supporting this proposed legislation.

[Luc Thériault, Bloc, Montcalm, QC]

Mr. Speaker, at the principle stage, bills are never perfect, but could my colleague tell me, given the searches that officers can conduct of travellers' cellphones, how Bill C‑20 in its current form could preserve solicitor-client privilege in an exchange between a client and their counsel?

[George Chahal, Liberal, Calgary Skyview, AB]

Mr. Speaker, this bill is extremely important, and it would provide an opportunity for claims or issues to be brought forward so an independent review process can occur. I think it is a great piece of work our government has done in bringing this forward. We would also collect important race-based data to help with identifying and bringing forward better decisions.

[Mike Morrice, Green, Kitchener Centre, ON]

Mr. Speaker, earlier today we heard an impassioned speech from the member for Hamilton Centre on Bill C-20, specifically mentioning a report from the Standing Committee on Public Safety and National Security entitled “Systemic Racism in Policing in Canada”. He noted there were 42 recommendations in that report, many of which have not been included in Bill C-20, including ensuring that indigenous people, alongside racialized and Black people, are on oversight bodies.

Could the member for Calgary Skyview comment on his level of support for going further, once this bill goes to committee, to see improvements made that would align more with reports like this?