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.

Elsewhere

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

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

Public Complaints and Review Commission ActGovernment Orders

November 3rd, 2022 / 1:30 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, two questions in a row is a rare occurrence, and I will take advantage of it.

I would like to ask the minister about another part of Bill C-20. The text of the legislation would allow provincial ministers and the federal Minister of Public Safety to initiate investigations. As parliamentarians, we are frequently made aware, not only by our constituents but also at committee, of certain transgressions that may be attributed to both the CBSA and the RCMP.

I would ask the hon. minister if he would be open to amendments at committee that would allow parliamentarians and committee bodies to ask the commission to investigate both the RCMP and CBSA because of information we may have received.

Public Complaints and Review Commission ActGovernment Orders

November 3rd, 2022 / 1:25 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, I would like to thank the minister for honouring his commitment to bring Bill C-20 before the House. This is an important debate.

My riding of Cowichan—Malahat—Langford is policed entirely by the RCMP. I do enjoy good relations with them, but it is no secret that the force as a whole has some major problems. This has been detailed in the public safety committee's report on systemic racism in policing.

We know, particularly, the problems indigenous people have had with the RCMP. The actions of the community-industry response group of the B.C. RCMP have been well documented with respect to the types of tactics used against indigenous protesters. Therefore, it is important that we add this layer of accountability and transparency, with legislative timelines for review.

However, while I do believe that report influenced a lot of what we see in Bill C-20, I want to know how the minister is going to work to include indigenous oversight on this review body and how he is going to include indigenous investigators and decision-makers, so they are a part of this process and truly walking that path of reconciliation to involve them in an issue that affects them more than most Canadians combined.

Public Complaints and Review Commission ActGovernment Orders

November 3rd, 2022 / 1:25 p.m.


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Liberal

Marco Mendicino Liberal Eglinton—Lawrence, ON

Madam Speaker, I want to thank my colleague for her work on the Standing Committee on Public Safety and National Security. I am proud to be part of a government that believes in transparency.

The commissioner of the RCMP's testimony repeatedly before the Standing Committee on Public Safety and National Security, other committees and her upcoming appearance before the Public Order Emergency Commission is a vehicle to ensure that we are shining a light so there can be accountability when it comes to not only law enforcement's role, but, indeed, to the government's role with regard to our interactions when it comes to upholding public safety.

At the same time, I want to encourage my colleague and all the members of her Conservative caucus to support the bill, if my colleague believes in transparency and accountability and she sees the work we have put into Bill C-20, which would set up enhanced rigour around civilian review so there can be accountability for which she advocates. By supporting the bill, we are taking a step in that direction, so all Canadians can have trust and confidence in their institutions, including in the RCMP.

Public Complaints and Review Commission ActGovernment Orders

November 3rd, 2022 / 1:15 p.m.


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Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalMinister of Public Safety

moved 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.

Madam Speaker, I am honoured to open up the debate on second reading of Bill C-20, an act establishing the public complaints and review commission and amending certain acts and statutory instruments.

I would like to thank the members of the Standing Committee on Public Safety and National Security for their important review of systemic racism in the enforcement of the act.

By creating a new public complaints and review commission, the bill would provide new tools to ensure transparency and accountability of the institutions Canadians rely on to keep them safe, to keep them safe in their communities through the work of the Royal Canadian Mounted Police and to keep them safe by protecting our international borders through the work of the Canada Border Services Agency. Canadians depend on these public safety organizations, but, at the same time, want assurances that these organizations will use the powers that have been entrusted to them responsibly.

Canadians have a right to consistent, fair and equal treatment when interacting with RCMP and CBSA officers. If members are not acting appropriately, Canadians naturally want and deserve assurances of a thorough review of these actions and consequences for any officer who engages in misconduct.

This is a fundamental principle of our democracy.

Our democracy depends on the principle of trust and confidence in our institutions, including law enforcement institutions. Independent civilian review overseeing is an essential element to that principle. This bill underscores it by creating an independent body that will strengthen transparency and autonomy through the independent review exercises of this new body.

Independence assures that Canadians can have their concerns taken seriously. The bill also underscores that principle. That is why this is stand-alone legislation rather than simply amending either the RCMP or CBSA Acts.

Currently, under the RCMP Act, an independent review and redress process is provided for by the RCMP through the CRCC, or Civilian Review and Complaints Commission. Current cases under the CRCC will be continued under the public complaints and review commission, or the PCRC, under the bill before us. The CBSA, on the other hand, currently has no independent review and redress process.

It is subject to review by various independent boards, tribunals and courts.

Without a dedicated review body, there is no avenue for independent investigation or review of public complaints against the CBSA.

The government has tried twice previously to address this shortfall by creating a review body for the CBSA. Some colleagues will recall that in 2019, our government introduced Bill C-98 and then in 2020, Bill C-3. Those pieces of proposed legislation sought to add CBSA review to the mandate of the existing CRCC, but both died on the Order Paper.

This issue has remained a priority for our government.

The 2020 Speech from the Throne included it in our agenda. The creation of a review body for the CBSA was of top priority and a component of the mandate that the Prime Minister gave to me when I took on this role in December of 2021.

It is time to give Canadians the accountability they deserve.

In the bill before us, the CRCC would be replaced by the new public complaints and review commission, which would continue to review the RCMP and would also become the independent review body for complaints concerning the CBSA.

The bill contains several mechanisms that would strengthen accountability beyond what has been available under the current CRCC for the RCMP. After engaging and listening to Canadians across the country, we have made significant reforms to the regimes proposed under Bill C-98 and Bill C-3 previously. We listened and we acted.

Therefore, in addition to creating a stand-alone law, other changes have been made.

This would subject the RCMP and CBSA to codified timelines. We heard complaints from Canadians regarding the RCMP's, at times, delayed response to reports from the CRCC. This time around, we are getting it right. The RCMP and the CBSA will have six months to respond to the PCRC's interim reports. They must also respond to certain reviews and recommendations of the PCRC within 60 days.

Second, the RCMP and the CBSA will be required to report annually to this office, the Minister of Public Safety, on their progress in implementing PCRC recommendations.

The third major change responds to a mandate the Prime Minister gave to me to combat systemic racism and discrimination in the criminal justice system, and advancing reconciliation with indigenous peoples. This is a critically important priority, especially at this time in our history.

Over the past number of years, in Canada and around the world, we have had necessary conversations about the presence and existence of systemic racism in law enforcement about the disproportionate mistreatment of Black, racialized and indigenous peoples across the country. It is high time that we act.

It is vitally important that this review system shed light on how to address these issues more fully.

Under the bill before us, the PCRC would collect and publish desegregated, race-based data on complainants in consultation with the RCMP and the CBSA.

I want to thank the chairperson of the CRCC, Michelaine Lahaie, and her colleagues for their advice and their vision on how the review process can become an essential tool to help not only understand systemic racism, but to eradicate it once and for all.

The fourth major change introduced in the bill would provide the PCRC with a public education and information mandate. The PCRC would implement programs to increase public knowledge and awareness of the PCRC's mandate and the right to redress.

Finally, the bill would address a gap in the current accountability and transparency regime involving how the CBSA responds to incidents of a serious nature.

These incidents can result in death or serious injury or violations of federal or provincial law.

The CBSA currently conducts its own internal reviews of such matters, but the bill before us would amend the CBSA Act so that the CBSA would be obligated to conduct such reviews. It would also need to notify both the PCRC and the police of appropriate jurisdiction.

The CBSA would also be required to provide the PCRC with reports and other information of serious incidents. The PCRC would have the authority to send an observer to assess the impartiality of these internal investigations. As part of its annual report to this office, the PCRC would also include the number, types and outcomes of serious incident allegations.

Taken together, these five changes represent a major step forward in the accountability and transparency mechanisms governing both the RCMP and the CBSA. The PCRC will be given the tools that it needs to help balance Canada's public safety and security priorities, as well as respect for the rights of the individuals with which they intersect.

To support the establishment of the commission, the government is investing $112.3 million over six years and $19.4 million ongoing. By creating an enhanced independent review body, the public complaints and review commission will help assure Canadians that they can continue to expect consistent, fair and equal treatment under the law when receiving services from the RCMP and the CBSA.

I urge all hon. members of the House to join me in supporting this important bill.

This is so Canada can assuage Canadians' concerns by creating greater transparency, oversight, and trust and confidence in our law institutions.

Public SafetyOral Questions

November 1st, 2022 / 3:10 p.m.


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Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalMinister of Public Safety

Mr. Speaker, I welcome the opportunity to work with my hon. colleague on the private member's bill he put forward this morning.

In the meantime, I want to update the chamber and say that my mandate calls for strengthened standards when it comes to the use of force, strengthening the role of the management advisory board, and finally Bill C-20, which will ensure there is an opportunity for Canadians who have concerns regarding the quality of service they are getting from the RCMP and the CBSA, for the first time. This is legislation that I hope we will pass with great haste so that we can raise the bar on transparency and accountability and ensure the confidence of Canadians in their law enforcement institutions.

Business of the HouseGovernment Orders

October 27th, 2022 / 4:05 p.m.


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Liberal

Mark Holland Liberal Ajax, ON

Madam Speaker, there is always a chance. I hear the member opposite saying there is a chance. Although we have many and great differences, there is always hope for us, and I look forward to that hope.

I am very pleased to say that this afternoon, we are going to complete third reading debate of Bill C-31 with respect to dental care and rental housing. Tomorrow, we will finish second reading debate of Bill C-9 concerning the Judges Act. On Monday, we will continue to the fifth day of the second reading debate for Bill S-5, an act to amend the Canadian Environmental Protection Act.

Tuesday, as members will be happy to note, is an allotted day. On Wednesday, we will commence debate on Bill S-4, an act to amend the Criminal Code and the Identification of Criminals Act (COVID-19 response and other measures). On Thursday, we will call Bill C-20, the public complaints and review commission act. For next Friday, our plan is to start second reading debate of Bill C-27, the digital charter implementation act, 2022.

I would also like to inform the House that next Wednesday during Routine Proceedings, under ministerial statements, the Minister of Veterans Affairs will be pleased to deliver a statement for Remembrance Day.

Opposition Motion—Ties Between the Canadian State and the MonarchyBusiness of SupplyGovernment Orders

October 25th, 2022 / 1:25 p.m.


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Bloc

Mario Simard Bloc Jonquière, QC

Mr. Speaker, all day long, both the Liberal Party and the Conservative Party have been trying to dodge the issue. They say it is not the right time to talk about this and we should talk about inflation and fighting the pandemic instead.

Over the past few weeks, however, we have talked about bills C‑3, C‑5, C‑9, C‑20 and S‑4, none of which have anything to do with inflation or fighting the pandemic.

Does my colleague think we waste our time in the House every day? Should we talk about nothing but inflation and the pandemic? Can we not walk and chew gum at the same time?

Business of the HouseOral Questions

October 20th, 2022 / 3:10 p.m.


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Ajax Ontario

Liberal

Mark Holland LiberalLeader of the Government in the House of Commons

Mr. Speaker, what I can assure the member opposite, my hon. opposition House leader, is that the government will continue to be introducing legislation that helps Canadians with affordability and makes their lives easier in these globally difficult and conflicted times.

With respect to the immediate term, I can tell the House that tomorrow we will turn to Bill C-9, which concerns the Judges Act at second reading. On Monday, we will continue with the second reading debate on Bill S-5, an act to amend the Canadian Environmental Protection Act. Tuesday shall be an allotted day.

On Wednesday, we will commence with the second reading debate on Bill S-4, an act to amend the Criminal Code and the Identification of Criminals Act, related to COVID-19 response and other measures. On Thursday, we will deal with the report stage and third reading of Bill C-31, with respect to dental care and rental housing.

We also hope to make progress next week on Bill C-20, an act establishing the public complaints and review commission and amending certain acts and statutory instruments.

Criminal CodeGovernment Orders

June 9th, 2022 / 10:30 p.m.


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NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, I was very happy to see the government also introduce Bill C-20, which is the result of some very considerate recommendations from a report in the previous Parliament on systemic racism in policing in Canada. That bill would set up a public complaints and review commission: It is a stand-alone piece of legislation, a stand-alone agency, that would have the authority to investigate both the CBSA and the RCMP. It would require statutory timelines for responses to its investigations, and it would have the funds necessary to hold both of those law enforcement agencies to account.

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Thank you.

I have been quickly reviewing Bill C-20, the bill in question, which is establishing a new public complaints and review commission.

Deputy Minister, looking into the future, if that bill makes it to the Governor General's desk and is signed into law, do you have an idea as to what its budget allocation will be—a broad estimate—compared to what is currently allocated to the civilian review and complaints commission?

Public Complaints and Review Commission ActRoutine Proceedings

May 19th, 2022 / 10:05 a.m.


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Eglinton—Lawrence Ontario

Liberal

Marco Mendicino LiberalMinister of Public Safety

moved for leave to introduce Bill C-20, An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments.

(Motions deemed adopted, bill read the first time and printed)