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.

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

line drawing of robot

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 / 11:05 a.m.

NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, a problem as complex as what the member identified is not going to be solved by legislation alone. It is incredibly complex. We know there is a myriad of causes of crime, and they are very diverse. I think it is going to require a very firm partnership between the federal government and individual provinces because, while we are responsible in this legislature for the criminal law, the administration of justice falls on provincial governments.

In my home province of British Columbia our new premier, David Eby, who I would like to congratulate on assuming that role, has already made a substantive announcement with respect to some of the reforms he sees for the administration of justice side. I would agree with the member that it is sometimes good to change course if things are not working, and I am glad to see that, at least in my home province of B.C., the B.C. NDP government is starting to engage down that path.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 11:05 a.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, it is a pleasure to rise to speak to an important piece of legislation, legislation that I would have liked, ideally, to see pass earlier. I would like to break down my comments into a couple of different sections. First, I want to talk about something that has already been raised by two previous speakers and that is the issue of timing.

It is important that we recognize that a substantive report was provided many years ago, when Stephen Harper was prime minister of Canada, that took a look at the ways we could reinforce public confidence in Canada's Royal Canadian Mounted Police, given some circumstances that were taking place at the time. That report came out with a number of recommendations.

One of those recommendations was the idea of having some form of an independent commission that would be able to address complaints, with respect to the RCMP, and to be able to investigate. I looked up that report, and I thought that it had been from around 2005 or 2006. I understand that it was actually brought to the House in 2006.

Mr. Harper was the prime minister at the time, and he chose not to take any sort of action on it. When the government changed in 2015, we did a considerable amount of work and effort on doing an overall review.

The Department of Justice had a number of pieces of legislation that would have been before them. We have been debating several pieces of legislation, virtually from 2015, on a wide spectrum of that department's responsibilities. This is our third attempt to get the legislation through, dealing with the commission.

I believe that our very first piece of legislation was Bill C-2, which was tax relief for Canada's middle class. Members will recall that this was when we reduced the taxes of Canadians, for the most part. We had the 1% wealthiest get the extra tax, but that was our first major piece of legislation.

From then to today, there has been an extensive legislative agenda. We have had to go through some fairly difficult times. For example, the worldwide pandemic required numerous pieces of legislation.

I do not know how many times I have stood up inside the chamber to talk about Conservative filibustering on government legislation. We have seen that consistently for years now. We take a look at it and we say, well, today, we are talking about Bill C-20, legislation that is significant. Not only does it reflect on a report that was provided back in 2006, but it is also a reflection on several years of consultations with Canada's border control agency. Not only are we talking about the RCMP today but we are also talking about the Canada Border Services Agency.

The CBSA plays a critical role, as does the RCMP, every day, seven days a week, 24 hours a day. That whole agency is now being provided the same opportunity that the RCMP with the public and the issues that have been raised with regard to both agencies. I see that as a very strong, powerful piece of legislation that will make a difference.

Earlier I asked about the Bloc's support for this. Its members were fairly clear that they would vote in favour of it. They saw the legislation as a positive and were anxious to see it pass through the House. Then we asked the New Democratic Party about the issue of getting the legislation through the House and the NDP seemed to be just as supportive, recognizing the value of the legislation and the desire to see it pass through the House. Both parties were somewhat critical of the government for not passing it earlier. That is why I highlighted the fact that there was substantial legislation.

If time permitted, I would go into the different types of legislation that the government has had to introduce. There is a finite amount of time that the House actually sits. That is one reason why, with the support of the New Democratic Party, we were successful in being able to extend hours so we could sit beyond six o'clock. If we need to sit until midnight for more debate, we are in that position, thanks to the support from the New Democratic Party. Both political entities have acknowledged that substantive legislation needs to be passed. One way we can ensure there is time for debate is to provide those additional hours, if more hours of debate are required, particularly by the official opposition, prior to passing the legislation.

From questions posed by the Conservatives, I am of the opinion that they also support this legislation.

Once again, we might actually find ourselves in a position where political parties support the legislation. I suspect the Green Party will take a position on it, likely in support. I must congratulate the leader of the Green Party, the member for Saanich—Gulf Islands, for taking on that role again.

I suspect we have legislation before the chamber that will receive unanimous support of getting it to committee. It would be wonderful to get a sense from the official opposition as to when it would like to see this legislation go to committee. In other words, how many speakers will the Conservatives be putting up? For example, if they are going to put up more than three or four speakers, maybe they should look to the government and suggest we sit additional hours in an evening, so we can get the legislation passed and get it to committee.

It seems to me that the desire is there to see the legislation pass to the committee. There are more government bills on the horizon on which we would like to have debate. When I hear that all members are supporting the legislation, my concern is that the Conservatives might double down, insisting they put up speakers until the government brings in time allocation. The leader of the Green Party will be in opposition to that time allocation and we will have to bring in other parties to support it in order to get the Conservatives to pass the legislation and allow the bill to ultimately go to committee.

We should try to avoid all that. If it is not resolved today, I would encourage the opposition House leader, in particular, to let the government House leader know how many actual speakers the Conservatives anticipate, so we can get it into committee. Literally thousands of people are being directly or indirectly impacted. I would argue that all Canadians are, in one way or another, affected by it.

With respect to the cost expenditure, we are talking about well over $100 million over five years, but the trade-off with the cost factor is building what is absolutely essential when it comes to law enforcement, whether it for our borders or anywhere in between. Public confidence in our border agency and RCMP is absolutely critical. This is one way we can reinforce the many things that need to be done related to the fine work that both CBSA and RCMP agents do for us seven days a week, 24 hours a day.

In listening to the comments from members, I want to provide a general thought with respect to bad apples versus the vast majority. For the vast majority in both agencies, we continue to receive the best service that is humanly possible.

I do not have a problem in comparing our national institutions, in particular, the RCMP, to any other law enforcement agency anywhere in the world. Its members are constantly called upon from other countries and from within Canada to perform in many ways, whether it is training and assistance in countries like Ukraine and many others throughout the world to the absolutely fantastic work they do in Canada.

The same principle applies to the majority of those who work at the Canada Border Services Agency, and I recognize their phenomenal effort. It is very delicate work, as some members have implied. It is almost like a border agent is a semi-god of sorts when someone comes into Canada. That individual is completely dependent on that border agent to make a decision that is favourable to the nation and that decision could ultimately prevent the person from coming into Canada.

The bad apples cause a great deal of issues for both agencies, and we often will see that take place. After all, it is the incident that the public will react to through media reporting which reflects negatively on the institution. For example, when an RCMP officer takes an action that reflects negatively on the entire force, that gets amplified, whether through social media or mainstream media. That is when the seeds of doubt or questionable behaviour are planted in the minds of many, and justifiably so. However, it is because of those bad apples in particular that we need this legislation.

This is why it is so important to recognize the finances to support the public complaints and review commission. That is money well spent.

The public complaints and review commission will have the ability to review and investigate the conduct and level of service of an RCMP officer or a border control agent when an issue has been raised. That is the essence of the legislation. It will allow the chair of the commission to initiate some form of a disciplinary action where it is deemed warranted. Again, that type of action is necessary. At the beginning, when I talked about the time frame, I put it in the form of a question. There has been a lot of time since the report, but the essence of the legislation is far beyond what was recommended back when Stephen Harper was the prime minister.

The vote of confidence that is established when the commissioner provides a recommendation on a behaviour that has taken place is what provides that confidence. Through that recommendation, we will receive an annual report. That annual report will highlight the many different things with which the commission has had the opportunity to deal.

I recognize the importance of the makeup of the commission. I suspect, given some of the suggestions or ideas from the opposition party, we will likely see some healthy debate on this at the standing committee. Given the department's interest and level of time commitment to the legislation, I believe the government is open to suggestions, and I would encourage members to bring those ideas to committee.

I understand there are concerns, particularly related to a number of issues of the day. The Conservatives have raised issues like illegal guns crossing the borders. When we think of the Canada Border Services Agency, it is important to note that it deals with issues such as arrests, detentions, removals, human trafficking, customs, trade, immigration and illegal firearms. The Conservatives are quick to criticize the government on that issue.

I suggest that the Conservatives might not want to bring that issue up during questions and answers. If they do, I will talk about the tens of millions of dollars in cuts to the Canada Border Services Agency that the Conservatives put in place, which reduced the number of border services officers and that enhanced the opportunities for illegal trafficking of guns and weapons coming into the country. I will remind them of their responsibilities to the issue and their lack of commitment and support of Canada Border Services Agency before. Maybe they could come up with a different question, but I will not tell them what they have to ask.

I hope, as I explained in depth why it is important, that the legislation passes.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 11:25 a.m.

Conservative

Kelly McCauley Conservative Edmonton West, AB

Madam Speaker, I will take up my colleague's offer to discuss the CBSA.

I have the public accounts here from a previous year detailing cuts from the time the government took over. Funding was higher in the final year of the Harper era and was cut in the Liberal era. This is from the public accounts.

Who is lying, the public accounts or perhaps someone else?

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 11:30 a.m.

The Assistant Deputy Speaker Carol Hughes

I would remind the hon. member that “lying” is not a word we like to use here in the House. The hon. member also cannot use props, so I would remind him of that too.

The hon. member for Edmonton West.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 11:30 a.m.

Conservative

Kelly McCauley Conservative Edmonton West, AB

Madam Speaker, I will address that. I did not accuse the member of lying. I asked a simple question: Who is lying, the public accounts or someone else?

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 11:30 a.m.

The Assistant Deputy Speaker Carol Hughes

I would remind the member that he cannot say indirectly what he cannot say directly.

The hon. parliamentary secretary.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 11:30 a.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, the Conservatives have a way of trying to make numbers tell different stories.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 11:30 a.m.

Some hon. members

Oh, oh!

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 11:30 a.m.

The Assistant Deputy Speaker Carol Hughes

There will be time for other questions. I would ask members to please hold onto their thoughts.

The hon. parliamentary secretary.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 11:30 a.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, the Conservatives have a magical way of manipulating the numbers. I know there are more border control officers today than there were when Stephen Harper made his notable and well-known cuts to Canada's border control. That I am fairly confident of.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 11:30 a.m.

Bloc

Denis Trudel Bloc Longueuil—Saint-Hubert, QC

Madam Speaker, it is always fascinating to hear my colleague boast about the government's actions.

He said earlier that they gave time to the House, that they voted to extend sitting hours until midnight with the NDP's agreement, that they are so democratic, and that they have so much to say. I forget how many gag orders they have forced on the House since I have been here. In fact, we spend half our time in the House debating adjournment motions in order not to debate. It is outrageous. Two weeks ago, they cut off debate on Bill C‑31, a very important bill for housing. In committee, they cut off debate on Bill C‑13 on reforming the Official Languages Act and they no longer want witnesses to be heard. The act has not been reformed in 50 years. There is a major language crisis in Canada and the Liberals do not want to debate it.

I cannot believe that they think this is a great democracy that spends its time debating the big issues.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 11:30 a.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, it seems that every day the Conservatives and the Bloc get closer and closer on certain themes.

At the end of the day, there is a government legislative agenda. As I detailed earlier in addressing the legislation, there is a substantial amount of legislation to support Canadians, whether it was through the pandemic or now to deal with inflation, not to mention other legislative initiatives that are historic. They are for issues dealing with a national dental plan, which will be there for children under the age 12, and for issues dealing with a wide variety of things that are affecting everyday Canadians from coast to coast to coast.

There is a sense of eagerness to get the legislation and the budgetary measures through. Much like when there are opposition days, there is a process that allows for votes to occur. That same principle does not apply to government legislation and, as a result, if an opposition party wants to prevent something from passing, all it needs to do is continue talking, which then dictates that the government needs to take some sort of action in order to get it passed.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 11:30 a.m.

NDP

Jenny Kwan NDP Vancouver East, BC

Madam Speaker, the member completely neglects the fact that it was the Liberals who failed to deliver on this bill in the last two elections. Both times, the bill died on the Order Paper and did not get through, and that is on the government. Notwithstanding that, I have a substantial question for the member.

Systemic racism is acknowledged to exist in the government, and despite reports and recommendations to ensure indigenous oversight is provided, no such provision is proposed in this bill. Does the government not agree that, given its commitment to reconciliation, this is a major oversight by the Liberals and they must include amendments to ensure indigenous oversight in this bill?

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 11:30 a.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Madam Speaker, I know the Prime Minister takes all issues related to indigenous matters very seriously. We also recognize systemic racism is there; it is real and tangible. We have a caucus that understands the issue, and we look forward to this bill going to committee, where no doubt there will be a healthy discussion on that point. If there are ways we can enhance the legislation and make it stronger, I am sure the department, and in particular the minister, would be open to them.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 11:35 a.m.

Liberal

Brenda Shanahan Liberal Châteauguay—Lacolle, QC

Madam Speaker, we in Châteauguay—Lacolle have a major border crossing at Lacolle. Admittedly, we do receive complaints, from time to time, about problems people have experienced at the border, but I also get calls from officers who work at the border. As we know, they have to deal with a whole range of legislation and regulation; however, cutbacks in recent years have limited training in particular.

I would like to hear from my colleague about the importance of this legislation and how it will help border services to better serve the community and Canada.