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

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, I am not going to say, in the House of Commons, whether someone should be charged in a particular case. There may be other facts of that case that the member did not mention in her question. Therefore, I will leave considerations around that to the appropriate authorities.

I will say that I am supportive of the framework of this legislation, in terms of facilitating civilian oversight. That civilian oversight is not me saying, based on a few select facts given by the member, what should or should not happen. However, I am supportive of a process that would look into cases like the member referred to and that would hold people accountable, if appropriate.

[Xavier Barsalou-Duval, Bloc, Pierre-Boucher—Les Patriotes—Verchères, QC]

Mr. Speaker, I have noted my colleague's comments. Earlier in his speech, he mentioned how it seemed that, on that side of the House, it is often the same few members who rise to speak. There seems to be a very limited circle of people on the other side of the House who take the floor. I found that interesting.

I was wondering whether my colleague could tell us more about his thoughts on that. I wonder about the government's respect for democracy when there are only one or two members of the governing party who speak in the House. Does he not think that other parliamentarians have things to say?

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, it is often said that the Liberal backbench is revolting. That may be a reason there is unrest in the Liberal caucus over the fact that only a small number of members are given an opportunity to speak. It is hard to speculate on what does and does not happen in the Liberal caucus room, but I agree with the member that it is a bit odd.

[Anna Roberts, Conservative, King—Vaughan, ON]

Mr. Speaker, in my past life in a financial institution, I experienced many robberies and was also involved in a shooting. When speaking to police officers, a lot of times the problem was that the guns used were illegal and the crimes by these robbers do not match their sentencing, because we are too soft on crime.

How can we change that so we can encourage police officers to do their jobs to the best of their abilities and not continue to rearrest the same offenders?

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, that is an excellent question from my colleague, who always adds a great deal to the debate.

I know there is a great deal of concern, in the greater Toronto area specifically, around increasing crime of various kinds, including property crime and violent crime. The government's approach of saying it is going to reduce sentences overall, and trying to use the rhetorical shield of racial justice as an excuse to reduce sentences for everyone, does not make sense. It is not helping anybody, including those in minority communities. In fact, it is leading to the significant increase in crime that we are seeing.

I very much agree with the fact, as our leader has said, that when a young person makes a mistake, we should seek rehabilitation. People should have a second chance. However, there are instances of the same people, and in some cases a very small number of people, committing crimes over and over. When it is a relatively small number of people who account for a very large number of interactions with law enforcement, that suggests there is a particular problem of repeat offenders, repeat violent offenders, as well as repeat offenders against property. It simply requires a different approach. The only way to really incentivize rehabilitation is to have serious consequences for serious crimes.

[Laurel Collins, NDP, Victoria, BC]

Mr. Speaker, I fundamentally disagree with some of the member's positions, in particular on safe supply. Health experts and addiction specialists have been calling on the government to decriminalize and create a safe supply because it would save lives. However, I think the member has a point about the government making statements about ideals and principles, but then failing when it comes to delivering the policies that would actually make a difference.

I am thinking right now of indigenous justice. Chantel Moore was an indigenous woman who was killed by police. Her family has not only drawn attention to the fact that too many indigenous and Black lives have been lost at the hands of police, but also they are calling for indigenous oversight.

Would the member support amendments to strengthen this bill to ensure there is indigenous oversight?

[Garnett Genuis, Conservative, Sherwood Park—Fort Saskatchewan, AB]

Mr. Speaker, it would be very important, in the development of these mechanisms, for the government to consult with indigenous peoples. I hope that the committee will hear from indigenous leaders about the most effective way to do that. I know that the members on the committee reviewing this bill will be seized with ensuring that indigenous voices are heard and engaged as part of this process.

I want to comment on the member's statement on so-called safe supply. My point, very clearly, was that we need to look at the results of policy. We see how, in Alberta, an emphasis on treatment and recovery has led to a significant drop in overdose deaths. We see in B.C. that there continues to be an escalation in overdose deaths, and a different policy is being pursued there. It is one that emphasizes so-called safe supply and giving dangerous drugs to those who are struggling with addiction.

There are medical alternatives to dangerous drugs, which I support. It makes no sense to supply the most dangerous drugs to people when medical alternatives could be supplied that actually reduce the harm. I have a hard time making sense of the policy proposed by the NDP. In any event, if we look at the facts on the ground, it is not working.

[Leah Gazan, NDP, Winnipeg Centre, MB]

Mr. Speaker, I will be splitting my time with my colleague, the member for Vancouver East.

I am really pleased today to rise to speak in favour of Bill C-20, an act establishing the public complaints and review commission for the RCMP and the Canada Border Services Agency. The creation of this commission would replace the RCMP's flawed Civil Review and Complaints Commission and finally establish a much-needed oversight body for the CBSA.

This, as most of us in this House agree, is long overdue, because we know that there have been several issues related to the RCMP, including its participation in infringing upon the human rights of people including indigenous people; indigenous women, girls and 2SLGBTQQIA+; and its deplorable record related to the detention of individuals with precarious immigration status. Systemic racism is, in fact, rooted within the foundations of the RCMP, and it is an issue that is much bigger than a few bad apples. We need to begin moving away from that myth of a bad apple, when it is clearly deeply rooted in the systemic racism within the RCMP.

In fact, in an article in Policy Options, written by Eberts, Stanton and Yeo in July 2020, they affirmed that the idea of the bad apple is “largely a figment of the imagination of those who want to argue that there is no such thing as 'systemic' racism.”

They go on to state:

The bad apple is a scapegoat, a way for our public institutions to engage in denial about the abiding racism which exists in the very fabric of their structures. The bad apple allows leaders to say the problem is limited and can be solved by blaming an individual, or a handful of individuals. That way, they can avoid engaging in the hard work of acknowledgement and system-wide reform to address the ongoing harms of systemic racism.

Harms are ongoing and have occurred without proper oversight, and I have a few examples I would like to share today. In 2015, in an article written by Holly Moore for the CBC, she states that:

RCMP Const. Kevin Theriault took an intoxicated [indigenous] woman he had arrested out of a cell and drove her to his northern Manitoba home to “pursue a personal relationship,” according to RCMP adjudication documents obtained by CBC News.

Fellow officers teased and goaded him by text message to see “how far he would go,” and another constable observed flirting between Theriault and the woman, saying he “jokingly made a comment about having a threesome” with her.

The senior officer in the detachment first said “it wasn't right” for Theriault to take the woman out of custody but finally said: “You arrested her, you can do whatever the f--k you want to do.”

We know this violence has occurred, particularly against indigenous women, girls and two-spirit people, at the hands of police, as noted in the national inquiry into missing and murdered indigenous women and girls, which has specific calls for justice related to the RCMP and its participation in violence against indigenous women and girls.

The very systems that are supposed to be there to protect us and the very people who are put in positions of power and who are supposed to protect us are the same systems and people who abuse us and violate us in all sorts of ways, including with a record of sexual violation against indigenous women. It is shameful.

There is also the RCMP's police brutality, which we have witnessed and continue to witness against indigenous land defenders. The UN Committee on the Elimination of Racial Discrimination has called for an investigation of the RCMP on Wet'suwet'en territory.

Let us recall, and I have mentioned this example in the House many times, the two unarmed indigenous women on their unceded Wet'suwet'en territory, having their door taken down by an axe, a chainsaw and an attack dog, which was excessive force. Let us look at some of the RCMP violence that was been perpetrated against the land defenders at Fairy Creek. This is abhorrent and needs to be dealt with.

This display of human rights violations, which continues to be noted, in fact, by the United Nations, needs oversight. It requires real accountability and statutory timelines so that complainants do not have to wait years for justice. Individuals and communities impacted by this sort of systemic racism deserve justice, including the many individuals whose human rights, including the right to live, have been violated in immigration detention centres in Canada Border Services Agency custody.

I ask members why we find it acceptable in Canada to detain immigrants in jail cells to begin with. Why do we find it acceptable to incarcerate children based on their immigration status? It is time for status for all. No one within Canada should be treated as illegal. No person is illegal.

In fact, Canada has been accused of breaking international law by keeping hundreds of children in immigration detention centres. This is deplorable. It is inhumane. It is vile to keep hundreds of children in detention centres. It is especially deplorable in Canada, which espouses to be a place that respects human rights but then disregards the rights of little children, breaking international law. Detention centres in Toronto, Ontario, and Laval, Quebec have been criticized for not being equipped to hold children. People have died in these detention centres, including this year at a detention centre in Laval, where a person died after being found in medical distress.

We need to address ongoing and grotesque human rights violations. This requires reforming oversight, which was affirmed in an article written by Human Rights Watch in February 2022, which states:

CBSA has a history of cloaking fatalities of immigration detainees in secrecy and refusing to release basis information about those who die in custody and the cause of death, often citing privacy concerns. CBSA’s extensive powers remain largely unchecked; it is the only major Canadian law enforcement agency without independent civilian oversight.

Therefore, I rise today to speak in favour of Bill C-20, an act establishing the public complaints and review commission for the RCMP and the Canada Border Services Agency. The creation of this commission is long overdue. It must have representation by indigenous women, members of the 2SLGBTQ+ community, members of the newcomer community, women and other communities that have experienced the wrath of systemic racism by the RCMP and CBSA.

[Elizabeth May, Green, Saanich—Gulf Islands, BC]

Madam Speaker, I want to thank the hon. member for Winnipeg Centre, who knows of what she speaks when talking about the abuse of indigenous women and indigenous people in a disproportionate fashion.

I will briefly say this. My own experience with the RCMP officers, when they led me away while arresting me for violating the injunction to protect the Texas pipeline company Kinder Morgan, was that they were kind. They asked if I would take their arm, as they did not want me to slip in the mud. When I saw the arrest of the Wet'suwet'en hereditary chiefs, who were thrown to the ground with a knee in the back, I realized that not only were their actions different, but these were different police people, different RCMP officers. Sure enough, it turns out there is a branch of the RCMP that is typically using more brutal force against indigenous protesters than it would use with a settler culture MP standing on indigenous lands. When the hereditary chiefs were on their own land, UNDRIP was being violated by the way they were treated. I would ask for the hon. member's comments on that.

[Leah Gazan, NDP, Winnipeg Centre, MB]

Mr. Speaker, first I would like to congratulate my colleague on her re-election as the leader of the Green Party.

This is certainly not my personal opinion, but in terms of systemic racism that is perpetrated by police forces, particularly against BIPOC, Black, indigenous and people of colour, has been noted not just nationally but also by the international community at the level of the United Nations, including the UN Committee on the Elimination of Racial Discrimination.

[Laurel Collins, NDP, Victoria, BC]

Mr. Speaker, I want to thank the member for her powerful speech.

I also wanted to bring up our colleague, the member for Nunavut, who made me aware that there are children being bused back and forth, waiting 40 minutes to go through customs every day, just in order to attend school.

I wonder if the member can speak to the need for the creation of an external oversight body for the Canadian Border Services Agency, to ensure that travellers are protected and that indigenous rights to mobility are better protected, so children do not have to spend too much time going through Canadian border services.

[Leah Gazan, NDP, Winnipeg Centre, MB]

Mr. Speaker, that is another example of how indigenous people's rights in this country are consistently trampled on daily, including their mobility rights. Absolutely, we need to have independent oversight. That is certainly something we have called for.

It also speaks to the need to have indigenous representation and indigenous oversight to look at matters of human rights, which the government agreed to uphold with the adoption of Bill C-15 in the last Parliament, to see the full adoption and implementation of the United Nations Declaration on the Rights of Indigenous Peoples.

[Alistair MacGregor, NDP, Cowichan—Malahat—Langford, BC]

Mr. Speaker, I would just like to ask my colleague about a comment last week from Grand Chief Stewart Phillip in British Columbia on the importance of appointing an indigenous representative to this commission. Can she offer some thoughts on how important it is that indigenous people in Canada become a part of these power structures, so that the general population can see themselves reflected and know their lived experience is going to be acted on in a meaningful way?

[Leah Gazan, NDP, Winnipeg Centre, MB]

Mr. Speaker, I absolutely agree that there needs to be indigenous representation on the oversight. It is no secret, when we look at the history of systemic racism in this country, that indigenous and Black people and people of colour have been disproportionately represented at the hands of police.

This requires representation. This requires that our voices be at the table, the voices of groups of people who are experiencing the most grotesque levels of systemic racism by the CBSA and the RCMP.

[Jenny Kwan, NDP, Vancouver East, BC]

Mr. Speaker, I am glad to rise once again to enter this debate about bringing in independent oversight for the CBSA and more enhanced oversight for the RCMP. This is the third time I have risen in the House to speak to this bill. In fact, back in 2019, when the government tabled it, lo and behold it was tabled literally on the eve of an election. Without any doubt, the bill died on the Order Paper because the election was called a couple of days after that.

Despite the Liberals promising that they would bring this in, once again, just before the 2021 election, the government tabled the same bill under a different number: Bill C-3. Then the Prime Minister saw fit to call an election that nobody wanted and the bill died yet again. Now here we are and it is the third time around. Maybe the third time is lucky and Bill C-20 will get through the system, and we will finally see independent oversight for the CBSA and enhanced measures for the RCMP. This is so important and so significant. Why? People's lives hinge upon it.

We have just heard from my colleague, who spoke about the importance of this for indigenous people. The member for Winnipeg Centre highlighted the systemic racism that exists within the RCMP, the unbelievable measures and the extent to which they brought a heavy hand to addressing indigenous protests. It was shocking to see the images in British Columbia of what was being done at that time and how indigenous people were dealt with, all because they wanted to exercise their right to protect their land.

In “Behind the Thin Blue Line”, an APTN investigation, APTN provided this:

“You do one more thing and I’ll dose you, bitch,” a Mountie allegedly told independent media producer Kristy Grear, according to court files. “There was no name tag or badge number displayed on the officer’s uniform,” the documents claim. “However I did observe a so-called ‘thin-blue line’ patch on the officer’s uniform.”

This is how the Mounties of the Community-Industry Response Group (C-IRG), a secretive industry defence arm of the B.C. RCMP arrive to dismantle blockades: armed with guns and mace, name tags ripped off, faces hidden, thin blue line patches emblazoned on their chests.

Police arrive with howling dogs, helicopters, drones, chainsaws, axes, an excavator, jackhammers, angle grinders and fancier gadgets like thermal imaging cameras.

This is what is happening and it is shocking. It should be shocking to every single member of the House and to Canadians. How could it be that such measures are taken unchecked? However, that is the reality and that is why we need this bill.

More to the point, we need amendments to this bill to ensure there is indigenous representation. I do not know how that is possible, since the government had two bills before this one and had so much time to get it right. Despite the government's claim and the Prime Minister's claim that they are committed to reconciliation, it is the third time around with the bill, and the government still did not have the wherewithal to get it right to ensure that indigenous people have representation on this critical question of oversight. Why is that? Is it just incompetence, or is it willful blindness to the systemic racism that exists in the system?

I want to take a moment to turn to the CBSA, as I am the NDP critic for immigration, refugees and citizenship. The CBSA has unchecked powers to deport people, detain people and arrest people. Refugees and people without status have zero power whatsoever.

When refugees are subjected to abuse, what can they do? Can they file a complaint? I doubt they could file a complaint against the very people who are going after them. Even if they did, the process takes so long that they would be deported. They would be out of the country before they could even see the result of their complaint. It is a joke to say to the people, “Here is the process you could follow.” In reality, it does not materialize.

To boot, successive Canadian governments have allowed this practice to continue, that is, putting refugees in detention and in jails. The government is actively engaging with the provincial government on contracts so they can throw refugees in detention and put them in jail. This is happening in Canada, and it is a gross violation of people's human rights.

The report from Amnesty International and Human Rights Watch has exposed Canada's inhumane practice of jailing thousands of people fleeing persecution, and often in maximum security provincial jails. Let me be very clear: Refugees and migrants are not criminals. Canada is one of the few countries in the global north without a legal limit on detention. In other words, people could be put in there indefinitely. We know there are devastating long-term impacts on those who are incarcerated in immigration detention. Such gross violations of human rights must end now.

The NDP fully supports this bill. We have wanted to see it since the Harper administration. It is the third time the bill has been introduced in the House, and maybe we will finally have independent oversight. Maybe we will finally see the federal government take action and, equally importantly, end the practice of detaining and jailing refugees and migrants. The government has promised this.

It is enough talk. Let us see the action. The government has a responsibility to undertake this work because people's lives hinge on it. CBSA is so aggressive right now in trying to go after people that it even goes to people's schools to arrest them, or tries to get private information from the school system to make arrests. That is what is happening right now, and it has to be stopped. There has to be accountability. We have to address systemic racism. Enough is enough.