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

Report stage (House), as of May 3, 2024

Subscribe to a feed (what's a feed?) of speeches and votes in the House related to Bill C-20.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

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.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 1:35 p.m.
See context

Kingston and the Islands Ontario

Liberal

Mark Gerretsen LiberalParliamentary Secretary to the Leader of the Government in the House of Commons (Senate)

Mr. Speaker, today we are talking about very important legislation, Bill C-20, which would establish a new public complaints and review commission for the Royal Canadian Mounted Police and the Canadian Border Services Agency. It would enact accountability and transparency mechanisms that would provide a foundation for trust and confidence in Canada's public safety.

Employees of both the RCMP and the CBSA hold a broad range of powers. Public trust that those powers are to be used appropriately is crucial to maintaining respect for the rule of law. There is a balance that needs to be established. On the one hand is Canada's public safety and security priorities. On the other hand is respect for fair treatment and human rights. In our system that balance is supported by ensuring civilian review of public safety bodies, such as the RCMP and the CBSA.

This is a stand-alone bill. It would provide these mechanisms not as part of the enabling statutes of the RCMP or the CBSA, but independently of them. By doing this, we underscore the importance of the independent civilian review of organizations entrusted with maintaining public safety.

Both the RCMP and CBSA employees interact with the public on a daily basis, including with vulnerable populations. One of those organizations, the Canada Border Services Agency, currently has no civilian review mechanism to deal with public complaints. The Canada Border Services Agency Act itself is silent on this matter. This legislation would close a long-standing gap by providing a review body for the CBSA.

The RCMP currently has a civilian accountability body in the existing Civilian Review and Complaints Commission, the CRCC, but over the years there have been calls to update and enhance it. The CRCC itself has advised on the need to strengthen and expand existing review mechanisms for the RCMP.

I want to thank the chairperson, Michelaine Lahaie, and her staff at the CRCC for their thoughtfulness, thoroughness and dedication in recommending the additional accountability and transparency mechanisms included in this bill.

Bill C-20 would see the new public complaints and review commission replace the CRCC. The PCRC would continue the CRCC's existing mandate for complaints and review, but with new accountability tools at its disposal that would apply to both the RCMP and the CBSA. On its own initiative, or at the request of the minister, the PCRC would be able to conduct specified reviews on any RCMP or CBSA activities that do not involve national security.

I would remind the House that national security issues are handled by the National Security and Intelligence Review Agency. The PCRC will have the authority to investigate complaints about conduct and level of service in both the RCMP and the CBSA. If a complainant is not satisfied with how these organizations have handled a complaint, the PCRC can conduct a review. When it is in the public's interest to do so, the PCRC may initiate its own complaint and investigation into RCMP and CBSA conduct.

One of the issues that has underscored the need for a renewed and enhanced review system has been the time it has taken the RCMP in the past to respond to CRCC reports and recommendations. Frequent delays led to a Federal Court decision that the RCMP must provide a response to CRCC interim reports within six months. Over the last year, the RCMP has improved the timelines within which it responds to the CRCC. We want to ensure this improvement continues.

Bill C-20 includes timelines that would codify when a response is required to an interim report, review or recommendation from the PCRC. When the PCRC issues an interim report, the RCMP and CBSA would have six months to respond. Should the PCRC issue specified activity reviews and recommendations, the RCMP and CBSA would have 60 days to respond.

Not only must these bodies report back to the commissioner of the PCRC within these codified timelines, the bill would obligate the RCMP commissioner and the CBSA president each to submit an annual report to the Minister of Public Safety. These reports would detail the actions the RCMP and CBSA have taken within the year to respond to PCRC recommendations.

In short, the bill would give the PCRC tools that the CRCC did not have to uphold civilian review of the law enforcement system.

However, there are other tools in the bill that are designed to enhance, at another level, the trust and confidence Canadians have for public safety in our country.

In their recommendations on ways to enhance the CRCC, the chairperson and her colleagues looked beyond the measures that would improve accountability. They considered ways in which a new review mechanism might enhance the public trust, and respect for, law enforcement in general and the rule of law itself.

Among the challenges is the urgent need to increase knowledge about systemic racism in law enforcement. This includes work done by the Standing Committee on Public Safety and National Security, which is in the report entitled “Systemic Racism in Policing in Canada”.

I am pleased to say this bill would respond to the committee's recommendation that the government clarify and strengthen the mandate, independence and efficacy of the CRCC. It provides for codified timelines for the RCMP's responses to the PCRC reports, for the RCMP to report annually to the minister on implementing PCRC recommendations and it provides for the protection of the identity of the complainants.

That which gets measured gets done, and if we are to respond to systemic racism, we must first gather the data that will inform our solutions. The bill would give statutory authority to the recommendation that the new PCRC will collect and publish disaggregated race-based data of complainants, in consultation with the RCMP and CBSA. Moreover, the bill would provide the PCRC with a mandate to implement public education and information programs. These would help inform Canadians on their rights of redress should they have issues with how they were treated by the RCMP or CBSA officials.

The programs will also increase knowledge and awareness of the PCRC's mandate and thus provide a better understanding of the role of civilian review in upholding the rule of law.

As with the collection of race-based data, the public information mandate will be especially important in helping earn the trust of indigenous, Black and racialized Canadians.

The bill before us is a high priority for this government. Twice before, we have introduced bills to address many of these issues. They died on the Order Paper, but in the process we listened to all points of view and remained determined to strengthen transparency and accountability.

The bill before us now would take advantage of what we have learned. It responds to some of the issues that are long overdue, such as the need to provide a review mechanism to the CBSA. It responds to some of the issues that have presented difficulties in the past, such as the need to respond to recommendations in a timely manner. It responds to issues that have gained more attention in recent years, such as the evidence of systemic racism in the law enforcement system and the urgent need to find solutions.

The government has responded to those issues with a stand-alone bill that highlights the importance of civilian review of the law enforcement and border security systems.

I would add that it is extremely important to ensure that we have such mechanisms in place for people to have their complaints heard.

We heard the example moments ago from the member for Saanich—Gulf Islands of the issue her step-daughter had, and that is not uncommon. We hear about these situations all the time, quite frankly. I have heard of situations similar to that. It is critically important that when people experience these situations, whether they are crossing a border or whether it is something with the RCMP, they have an avenue to have their complaints heard. Sometimes those complaints are valid and sometimes they are not, but I do not think we are doing a service to anybody by not having the tool for those complaints to be heard.

In my opinion, having such a tool is not just a benefit to the complainant but indeed a benefit to the individual or individuals that the complaint is being made against. Quite often, especially in the world we live in today, a complaint can be made and amplified through social media, and if it is sensationalized enough, it can gain traction and people can very quickly be made aware of somebody's grievance with a border agent or an RCMP member. We all see people filming and recording just about everything.

A tool like this, allowing those individuals to bring their complaints forward, would give the opportunity for both sides of the story to be heard and the facts to come out with respect to everything that has been represented with individual circumstances and cases. When we empower individuals within the Canadian government and the roles they play to have such incredible discretionary authority like this, there has to be a mechanism for oversight to allow those who have potential grievances to come forward, so they can be heard as well as all individuals who are mentioned in the complaint. They would have the opportunity to ensure that the independent review body has the ability to determine whether there is merit in the complaint, and if so, what the next steps should be.

As I indicated in my prepared remarks, it is critically important that not only do we have this oversight, but that it is annually reported back to the minister, which would happen. By having that tool, Parliament, through the minister's office, would have the ability to scrutinize more collectively what is going on with respect to those complaints, how they are being handled and the timelines to ensure that the proper recourse is being taken. Quite frankly, sometimes it takes quite a long time to get a response, and that is unacceptable. We do not need a court to weigh in on what those timelines should be. Those timelines should be codified, as the bill would do, and set in stone. If timelines are not met, we could properly inquire as to why and get to the bottom of what needs to change, if anything.

I am very pleased to see the legislation come forward. A number of members have spoken about the fact that this is the third time it has been here and, indeed, the third time under this government. However, I hope we can all appreciate that the other two times have helped to inform where we are today. I hope that, because this has taken longer, the one silver lining is that we have even better legislation than we may have had otherwise, because we have been able to inform ourselves along the way of the various aspects of the bill that may need to be improved.

I get the sense, from listening to the comments in the House today, that the bill will be supported by all members of the House. I look forward to it moving along so we can finally get this very important legislation in place.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 1:30 p.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, it was a real blow, because she had a job set up and some arbitrary guy decided no, he is not letting her fulfill her life's dream. It was his decision and there was no appeal. Obviously having an appeal would help, but so too would examining the day-to-day operations of CBSA and providing more guidance.

For instance, an officer should not have full discretion to decide whether they like the cut of someone's jib when people are coming into Canada. They should have some criteria. If the criteria has not been met, they have a reason to say no. However, there is no criteria, and it is often as subjective as the member for Kingston and the Islands suggested. It is arbitrary and discretionary, and it is specific to each officer.

My constituents have had completely different experiences at different airports with different CBSA officers, and on the same fact set there have been completely different decisions. I urge the ministers responsible, as we get Bill C-20 through, to say that CBSA officers should not have unfettered discretion to make decisions that affect people's lives as fundamentally as they do. I know this will be outside the scope of the act.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 1:20 p.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I rise in this place acknowledging that we stand on the unceded territory of the Algonquin Anishinabe Nation, and essentially this building sits on Algonquin land. To them, I say meegwetch.

I am very pleased that we have seen another incarnation of Bill C-20. The fundamental essence of this legislation, for those who may just be joining the debate, is to ensure that two really significant federal law enforcement agencies have mechanisms for civilian complaint.

Those two agencies are the Royal Canadian Mounted Police and the Canada Border Services Agency.

The Canada Border Services Agency and the RCMP interact with Canadians and foreigners on a regular basis. The RCMP has had a public complaints commission for many years. It has been inadequate. Initially, it did not have powers to subpoena, to find out from RCMP officers what really happened in any event. The ability to summon witnesses is terribly important.

The powers of the Civilian Review and Complaints Commission for the RCMP were weaker, but it is unbelievable that we do not have a single entity to handle complaints against the CBSA.

I do not know about my colleagues in this place, but certainly through COVID I had a lot of reasons to be concerned about the structure of the Canada Border Services Agency and the degree of powers granted to individual officers. It will be beyond the scope of this act to deal with some of these issues, so I place them before us now as we go through second reading debate.

This is concerning for all of us. I should not speak for all of my colleagues, but I have a hunch here, because I talked to many of them, regardless of party, during the period of time that we were trying to help Canadians come home to Canada. For instance, those married to permanent residents, not Canadian citizens, had to make their pitch at the border to a Canada Border Services agent, whose decision was final and discretionary to a particular officer. This created no end of misery for Canadian families. I do know that cabinet at the time passed an order in council to try to alleviate the problem, but it is still the case that an individual officer can make a decision on the spot about anyone.

My stepdaughter was once going into the United States to take up a new job that she had in California. She had all her paperwork, but the Canada Border Services agent did not like her. He said he did not believe her and did not think she had a job, and he sent her back. There is no appeal. There is no place to go with that. We need to take a broader look at the Canada Border Services Agency.

Some constituents, who were not my constituents, asked me for help. They happened to be a couple I know from Cape Breton Island, where my family lives and where I am from. The couple was at the New Brunswick border with Maine. When they drove up to the Canadian kiosk to say they were going home, the border agent told the wife she could go home because she is Canadian, but her husband could not go home because he is still a permanent resident. They had to leave one spouse at the border with all the luggage, while the other was allowed into Canada because they were not allowed to go back into the U.S. together. These kinds of things are nonsensical. We need to look at the Canada Border Services Agency and make some policy choices and raise some other issues.

We certainly know that we want, as a matter of policy, which I have heard from many people in the House today, the CBSA to be focused on stopping the smuggling of guns. We want the CBSA focused on stopping the smuggling of contraband drugs too. We do not particularly want the CBSA at the border to terrorize racialized people from other countries. We do not want it thinking that its number one job is to find people whose citizenship is not quite right and whose paperwork as a permanent resident is not quite right, and get them deported as quickly as possible.

We have a lot of complaints about the CBSA and there are concerns about racial profiling in the RCMP. There are complaints that need to be heard. However, I really want to emphasize the extent to which the CBSA, in the past, has brutalized Canadians. I will give one example, because it comes from my own experience. I was just discussing it with the member of Parliament in whose riding it happened before he was the MP for Cowichan—Malahat—Langford.

An indigenous man, born in the state of California, came across the border in the 1980s or 1970s with an indigenous woman from Penelakut Island, from the Penelakut nation of Vancouver Island. They married, they had kids and they had grandkids. There is a thing called the Jay Treaty, but obviously the CBSA had never heard of it. It gives additional rights to indigenous people crossing borders.

In any case, for some reason, CBSA agents decided in 2013 to show up at the door of Richard Germaine from Penelakut Island. They had not sent a note saying that they noticed he did not have all of his paperwork done to be a Canadian permanent resident. They just showed up four days before Christmas and arrested him. I am not exaggerating a bit. They put him in leg irons in the back of a van and drove him off Vancouver Island, taking a long ferry ride, to Vancouver, where they placed him in a cell.

I have seen the cells now, thanks to Senator Kim Pate, who likes to take other parliamentarians on tours of prisons. They are in the basement of the Vancouver airport. The people put there are rarely there for more than 24 hours before they are summarily deported. Since the time that I toured that facility, they have moved to a different facility for the deportation of foreigners.

This was a railroading; this was fast. This was taking someone from his home, a grandfather, right before Christmas in front of his wife, who was a residential school survivor, and sending him for deportation without due process, because, well, that was what the political mood wanted to do.

We desperately need this legislation. I will be supporting it to get it through second reading and get it to committee. The CBSA, for a long time, has had a high number of complaints, and these have been noted by the Auditor General. They are complaints of racism, homophobia, transphobia and rudeness. It is an agency that desperately needs oversight. I want to make sure that I say, as other speakers have said, that there are wonderful agents in the RCMP and wonderful agents in the CBSA, but this is crying out for reform.

I will be presenting amendments to Bill C-20 because I want to make sure that it is as rigorous as possible and as fair as possible to the people who experience these issues at the border with CBSA. We also need to do much more to examine systemic racism within the RCMP. We need to do much more to pay attention to that. What if people do not feel like they can make a complaint?

We need proactive anti-racism programs in the RCMP. We also need to take a very close look at so-called wellness checks, as in the case of Rodney Levi, a member of the Metepenagiag Mi'kmaq Nation who in June 2020 was killed by an RCMP officer.

Local complaint commissions, efforts at inquiries and coroners' reports are not really where we want to start the efforts to ensure this does not happen again. The place to start efforts to ensure this does not happen again is specific anti-racism training and specific training to root out misogyny within the RCMP and CBSA, and ensuring that we protect the agencies that are created to protect us. We must take steps to ensure that our RCMP and CBSA agents are protected themselves.

We need to make sure that the process set up under Bill C-20 is robust and fair and does its best to ensure that our law enforcement agencies meet our values as Canadians.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 1:05 p.m.
See context

Liberal

Ken Hardie Liberal Fleetwood—Port Kells, BC

Mr. Speaker, off the top I would like to note that I will be happy to share my time with the member for Saanich—Gulf Islands.

I am in my place today, aware that we are standing on traditional Algonquin territory. I am also aware that much has been said on Bill C-20 so far, so what I will have to say will kind of act as a recap of where we are. We are debating this legislation that would enact a new stand-alone statute, the public complaints and review commission act, to provide an external review regime for both the Royal Canadian Mounted Police and the Canada Border Services Agency.

To uphold trust and confidence in our law enforcement and border protection services, Canadians should count on a robust system of accountability. Canadians expect consistent, fair and equal treatment when receiving services from the RCMP and the CBSA. Civilian review is essential for the transparency of that system.

Currently, the RCMP is reviewed by the Civilian Review and Complaints Commission, the CRCC. The House has now heard that the new public complaints and review commission would replace the CRCC, provide enhanced reporting requirements for the RCMP, and establish an independent review mechanism for the CBSA.

I would like to note in particular the impact this bill would have on the Canada Border Services Agency. With some 14,000 dedicated and professional employees, the CBSA is one of the largest organizations within the public safety portfolio. It has a long and rich history of providing border services in an exemplary manner, but inevitably, where there is interaction between the public and border service agencies, disputes will sometimes arise. A transparent means of dealing with such disputes supports respect for the rule of law, but unlike the RCMP, the CBSA does not currently have an ongoing structure for independent review of such situations.

The agency is indeed reviewed by various independent boards, tribunals and courts, but it does not have a review mechanism for specific complaints, including officer conduct and the agency’s level of service. I would remind the House that the CBSA is one of the public safety bodies that many Canadians encounter regularly. I know personally that when I come to the border I always look guilty, no matter what, but I have always been treated with fairness and respect.

Border services officers control the movement of people and goods through Canadian borders. They detain and remove potential threats. They collect duties and taxes. Canadians rely on the border security measures enforced by the CBSA, and at the same time the CBSA is a Canadian public safety institution that non-Canadians encounter, including, for example, the refugees currently seeking asylum in our country. For this reason, a review mechanism must be accessible to all people who deal with CBSA employees. It is key to building public trust in the institution designed to protect our borders.

Under Bill C-20, the public complaints and review commission would have authority to review both the CBSA and the RCMP. Some components of the bill would apply to both institutions. Each year, both would be required to report to the Minister of Public Safety on how they have responded to PCRC recommendations. Both would have codified timelines dictating how soon they would need to respond to those recommendations. The PCRC will disaggregate the data of complaints related to both agencies and report on what it reveals about race-based issues. This will help us, for example, to better understand and address any systemic racism in law enforcement in Canada, at least in this law enforcement system.

Apart from national security issues, which are reviewed through the National Security and Intelligence Review Agency, the PCRC would be responsible for conducting specified reviews of any activities of the RCMP and the CBSA. These reviews could be conducted at the request of the minister or on the PCRC’s own initiative. The PCRC will have the responsibility for receiving complaints concerning CBSA conduct or levels of service, and the authority to launch investigations.

Indeed, under the bill, individuals who are detained by the CBSA would be informed that they have an avenue to make a complaint. If somebody has filed a complaint with the CBSA and is not satisfied with the manner in which the complaint was handled, the complainant may forward the matter to the PCRC for review. The PCRC would also have authority to initiate its own investigation into CBSA conduct when it is in the public interest to do so. The PCRC would report its findings and recommendations to the CBSA and to the minister.

I have been speaking about the authority to review complaints, but there is another level of authority required to govern serious incidents involving the CBSA and its personnel. These would include matters that, for example, may have resulted in serious injury or death, or constituted federal or provincial offences. The CBSA is responsible for conducting its own internal reviews of such matters, but there is currently no statutory obligation for the CBSA to conduct such a review.

Under the bill before us, the CBSA would be obliged to conduct internal investigations into alleged serious incidents. The CBSA would be required to notify the police of the jurisdiction in which the alleged serious incident took place and to notify the PCRC.

Furthermore, the CBSA would be required to provide the PCRC with reports and other information on serious incidents. The PCRC, for its part, would have the authority to send an observer to verify the impartiality of the CBSA’s internal investigation, and it would be required to report on the number, types and outcomes of serious incidents as part of its annual reporting. I am sure hon. members would agree that this would provide a much-needed degree of transparency to the handling of serious incidents.

Finally, I would remind the House of the special nature of CBSA review, in that it would seek to provide the consistent, fair and equal treatment that Canadians expect in a manner that would also include people who do not reside in Canada. The Canadian Human Rights Commission, for example, can receive complaints only from individuals lawfully in Canada. The PCRC, on the other hand, would be in a position to accept complaints from foreign nationals that involve allegations of discrimination by the CBSA.

These are important matters in creating the kind of robust accountability mechanisms that are essential for public trust in our border services and law enforcement institutions. The time is well overdue for the CBSA to join its partner organizations in having such a mechanism. Indeed, this is the third time in recent years that the government has endeavoured to reform the system. We attempted it in 2019 with Bill C-98 and again in 2020 with Bill C-3.

This bill is a key part of the government’s agenda, and I urge my hon. colleagues to join me in supporting its quick passage.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 1:05 p.m.
See context

Bloc

Maxime Blanchette-Joncas Bloc Rimouski-Neigette—Témiscouata—Les Basques, QC

Mr. Speaker, the Bloc Québécois is obviously in favour of Bill C‑20, which will introduce mechanisms, that is, an independent organization, to handle complaints.

Several years ago, in 2004, there was the Arar case that made it clear we needed an independent organization. In 2022, there are still complaint management mechanisms and organizations that are not independent. There is some independent oversight at the RCMP, but not at the Canada Border Services Agency, or CBSA.

I would like to ask my colleague why the government, after a number of years, has still not taken action to ensure that complaints are handled fairly and independently and that there are no abuses, particularly with regard to the CBSA.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 12:55 p.m.
See context

Bloc

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

Mr. Speaker, I would like to say that I really appreciated my colleague's nuanced and moderate speech. In particular, he cited facts related to his personal experience. It is good to hear speeches that leave hyperpartisanship behind. I really want to congratulate my colleague for his speech and the position he has taken.

This brings me to a subject that he only touched on, but that seemed important to him. I am referring to the role and work of both border and police officers. We can see that these people are under a lot of pressure and work under a lot of scrutiny. We wonder if they are doing their job correctly or whether they are abusing their power.

Abuses of power and unpleasant situations do happen. However, I have also heard from people who work in this field. They say that they go to work in the morning with a weight on their shoulders. They do not like feeling as though they are constantly being criticized and monitored at work. They no longer know when or how they should intervene, and that is making their job difficult.

I would like to know what my colleague thinks about passing Bill C‑20. The Bloc Québécois believes that this bill must be passed. What message should Bill C‑20 send?

I think my colleague might have something to say about that.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 12:35 p.m.
See context

Conservative

Frank Caputo Conservative Kamloops—Thompson—Cariboo, BC

Mr. Speaker, it is always a pleasure to rise on behalf of the people of Kamloops—Thompson—Cariboo. Today, we are here debating Bill C-20, an act that would establish the public complaints and review commission and amend certain acts and statutory instruments.

First, I want to recognize a first-year law student at Thompson Rivers University where I used to teach. I want to thank Najib Rahall, who is about to start contracts class, which I appreciate. He is now in Hansard. I thank him for turning in my wallet this weekend. He is taught by my friends Professor Craig Jones, K.C. and Professor Dr. Ryan Gauthier. I am sure he is also getting a first-class education.

I also want to recognize somebody else who is a constituent. He was also a colleague at the bar and at my work, maybe even taking my position as a Crown prosecutor. I want to recognize my friend, Anthony Varesi, on his new book on Bob Dylan. It is his second book. He wrote the first one in law school. I am not sure how he did that.

On the matter at hand, it seems the Liberals have been discussing this issue well before I arrived at Parliament. From what I can see, this matter has been discussed for about seven years. The bill was first tabled in the 42nd Parliament and died in the Senate. It was then tabled again during the 43rd Parliament. We all know what happened at that point. Despite Canadians clearly signalling they did not want to go to the polls and despite the fact there was a lot of work to be done, the Prime Minister coveted majority government and, with all candour, let that get in the way of the work of the House.

Having been here for a year, I am still learning, but what I can see is that there is a lot of work to be done. The work on this bill in the 43rd Parliament was interrupted by what amounted to a small seat change in hopes that the Prime Minister would get what he wanted. He was ultimately denied that, but there was a seat shuffle, and I am proud to stand here on behalf of the people of Kamloops—Thompson—Cariboo as part of that seat shuffle.

Now we have this bill tabled a year into the government's mandate. As I was preparing for this speech, I reflected on why it took the government a year to do this. The election was about 14 months ago. I am wondering whether this was a priority. In fact, I asked my Bloc colleague a question about this. This is an important matter to discuss.

Canada has what amounts to the longest undefended border in the world. I have had countless interactions with the RCMP and with CBSA officials, some of them in my personal capacity and others in my professional capacity. These interactions likely number into the hundreds, and all but one have generally been cordial or favourable professional interactions. That is why we are here, because not all interactions and not all things go as they should both personally and professionally.

I will take a moment to recognize the work of peace officers, civilian members and staff with the CBSA and with the RCMP. In my riding, there are detachments with the RCMP, like Clinton, 100 Mile House, Clearwater and Barriere. There are three detachments also in Kamloops, being Kamloops City, Tk'emlups rural, which is situated on the traditional land of the Tk’emlups te Secwepemc, and Kamloops traffic. All of these detachments cover 38,000 square kilometres of Kamloops—Thompson—Cariboo. I am grateful for the sacrifices of those who put on the uniform to keep us safe, with their backup officers often being an hour away through staffing or resource difficulties. They are there to keep people safe whenever they are in that area. These members see terrible things.

I was speaking to a bill I authored, Bill C-291, last week. I authored the bill and it was sponsored by the member for North Okanagan—Shuswap, and I thank him again for doing so. The bill proposes to change the definition of “child pornography” to “child sexual abuse material”, because what is occurring is not pornography, it is sexual abuse, and we should be calling it what it is.

One of the things I pointed out was that police doing this job were often at a constable level and they were reviewing horrendous images, images of unspeakable horrors. Usually, in my prior work, I did not have to view this sort of evidence, but police officers did, and they are not paid enough to do so, frankly, given the work they do. I thank them for that.

Let us face it, most peace officers, people and frontline workers doing the job just want to make it home. They do not want to hurt anybody. A lot of police officers I know would love to go through a shift without having to arrest anybody. That is often not something most police officers do. At the end of the day, people in the RCMP and CBSA have a mandate to keep us safe. They are expected to do more with less resources. While this is not always fair, it is the reality of our situation.

When it comes to our frontline officers and workers, we expect leadership. We expect them to engage professionally, to do their jobs, to be equipped and to be professional in all that they do. I wish I could see the same from the RCMP commissioner at this time. It seems to me that the commissioner is not always modelling that professionalism, being vulnerable to inappropriate influence from the former Minister of Public Safety. It is ironic that Bill C-20 talks about the overseeing of frontline officers, mainly constables, but I question whether senior Mounties or, in this case, the senior Mountie is herself immune from the oversight that is required.

I point to what the member for Kildonan—St. Paul said in committee in questioning the minister. I will do my best to paraphrase her, because I cannot be nearly as eloquent as the member. She noted that the commissioner was either influenced by the government or completely bungled the investigation into the mass shootings in Nova Scotia, a terrible incident, She asked why she had not been fired. This is the professionalism, oversight and leadership that Canadians want.

At the end of the day, we are here to talk about who oversees the overseers. This came up when we were debating Bill C-9 at committee in the past week or two. That bill proposes changes to the Judges Act that are long overdue.

Before I came to Parliament, I was unaware that there was no independent oversight for CBSA. Let us not forget that these are frontline peace officers. Oftentimes and typically, they will be people's first human point of contact once they get off the plane or at a land or sea border crossing. The provisions would require the RCMP commissioner and the CBSA president to respond to interim reports, reviews and recommendations within legislative timelines. This is quite important because we require, in my view, a consideration of some measure of independent oversight.

Most people here know that I come from a legal background. In my world view, the rule of law is obviously sacrosanct. Sometimes, we can have heated debates in this place, as we should, about how that should manifest itself. We may agree to disagree, but at the end of the day I think we can all agree that the rule of law is important. In fact, it is written into the preamble of the Charter of Rights and Freedoms.

In the courts, the rule of law is maintained in two ways, typically through an appellate function but also through ethical guidelines, for instance, the ethical guidelines that are being revised in Bill C-9. The overseers are overseen on legal matters by these two mechanisms.

The one question I do have when it comes to Bill C-20, and this came up in Bill C-9, is the question of consultations. I believe my colleague for the NDP raised this. I am not sure what, if any, consultations were done, but this obviously needs be explored at committee, if the legislation successfully passes on second reading. Let us face it that governments of all stripes often fail on these issues. We have seen it on the extreme intoxication bill. I call on the government to make this a priority.

CBSA has extraordinary powers, detention, arrest and search. These are sweeping powers where charter rights are often diminished. This bill would replace the existing Civilian Review and Complaints Commission for the RCMP with the complaints and review commission.

Let us examine the backdrop in which peace officers within the RCMP and CBSA are expected to do their job. It is important to evaluate that backdrop as we consider the independent oversight for peace officers doing their job.

My constituents frequently complain to me about what they have termed, and others have termed, catch and release. I hear about this from police officers from across the country. This is why I put forward Bill C-274, because our bail system must be reformed.

I have compassion for police officers doing their job and arresting the same person again and again, only to know that this person will be released shortly.

The government, though it is dealing with the oversight issue in Bill C-20, has not addressed key bail decisions in the last few years, which has led to a catch-and-release system. It is in the interest of all Canadians that the government do so.

There has been a 32% increase in violent crime since 2015. This is not lost on this side of the House. We have Bill C-5 and Bill C-21. The word “victim” is not in either piece of legislation.

It saddens me to say, and I am surprised to be saying this, that drive-by shootings can now result in a community-based sentence. That does not feel right in my heart, but, more important, from a legal perspective, it is not logical.

The Regina v. Nur decision struck down mandatory minimums for section 95 of the Criminal Code, possessing a restricted firearm with readily available ammunition, in this case a handgun. In that instance, the Supreme Court of Canada said that the appropriate sentence, as I recall, would be 40 months in jail.

That is what it said the appropriate sentence would be for a relatively young man. I believe the accused in that case was 19 or 20 years old. We are here debating, not long after Nur was struck down, whether that should actually result in a jail sentence when our highest court, which has frequently struck down these cases, said that this should have been 40 months in jail.

On the one hand, we have Conservatives who have often advocated for mandatory minimums. It was the Harper government that passed many of the mandatory minimums. On the other hand, we have, across the aisle, people who say that there should be no mandatory minimums.

I would advocate for a middle-ground approach, one that has mandatory minimums that operate in a constitutionally compliant manner. I have stated this to the Minister of Justice, that this is the appropriate middle ground. Unfortunately, he did not heed my exhortation to do so.

Police and CBSA officials are operating within an environment that has 124,000 more violent crimes than last year. This would make up almost my whole riding. Canadians are tired of this. Also, there were 789 homicides in Canada last year and 611 in 2015, which is a 29% increase.

Police and CBSA are in situations in which gun crime is a concern. I recall reading in the news a couple of years ago about a shooting of a teenager who was innocently driving with his parents. There was a person in my riding, a case of mistaken identity, who was shot down at a hotel. This is the situation our police are operating within. These were sons, brothers and friends.

There has been a 92% increase in gang-related homicides since 2015, yet when we come to the House to debate legislation on public safety, the debate is whether or not to relax these types of penalties rather than make them more stringent so that gang-related homicides would ultimately go down rather than up.

If members ask anyone in the system, I anticipate they will tell them that organized crime is so difficult to investigate. That is why they call it “organized”. There is intimidation, often a layer of distancing, money and organization.

If I were a police officer or a CBSA officer, I would be concerned with the proliferation of firearms. I remember one of the first cases I dealt with which involved now staff sergeant Kelly Butler, one of the best police officers I have encountered. She pulled a vehicle over and what was revealed inside the driver's jacket was a loaded sawed-off shotgun. I remember holding that firearm when it was in evidence. The firearm was illegal. The stock and the barrel had been cut off, so it was probably about 10 to 12 inches long. That is the environment our peace officers and CBSA officers are operating within.

Our border is porous, and there is a concern of what to do about it. The public safety minister has earmarked, as I recall, $5 billion to target law-abiding gun owners who are not accounting for crimes. Bill C-5 and Bill C-21 will be targeting that. Where could $5 billion be spent when it comes to our border and enforcement of illegal guns? I ask that question rhetorically because I have some pretty good ideas.

There has been a 61% increase in reporting sexual assaults since 2015. I have two bills on sexual offences. We obviously had the #MeToo movement in that time, which is always important. My wife was telling me that she saw a sign recently that said, “No means no”, but we have to go one step further and say, “Only yes means yes”. Only consent itself is consent.

To conclude, this proposed act would create an obligation for the RCMP commissioner and CBSA president to submit an annual report to the Minister of Public Safety. The report would inform the minister of actions that the RCMP and CBSA have taken within the year to respond to recommendations from the chairperson.

This is great, but one thing I learned in my first year in Parliament, while sitting on the veterans affairs committee is that, just because a recommendation is made, does not mean it will be acted upon. My hope is that, when these recommendations are made, they will actually be acted upon, otherwise they are worth nothing more than the piece of paper they are written upon. It is easy to use words, and we have frequently said that, but I call on the government to act.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 12:35 p.m.
See context

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, for a long time it has been manifestly obvious that there is systemic racism in our police forces: the RCMP and the Canada Border Services Agency. We know that up until now, there has been no oversight body to deal with Canadian border services. I think that with the debate so far, in the very little amount of time we have had Bill C-20 before us, it is also manifestly clear that this act should be amended to ensure an indigenous role in the oversight process. The commission will deal with both agencies.

I would like my hon. colleague's comments on this. What are the best ways, in her opinion, to engage indigenous participation in the commission when investigating complaints?

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 12:25 p.m.
See context

NDP

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.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 12:10 p.m.
See context

NDP

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.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 11:40 a.m.
See context

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, it seems the members across the way misunderstood my meaning, whether intentionally or not. I think it is wonderful when members stand up in the House and speak on behalf of their constituents. The member for Winnipeg North speaks quite often on behalf of the government, maybe occasionally on behalf of his constituents, but the point is that he spent 20 minutes telling us there have been too many people speaking to this bill. He gave a 20-minute speech about how we should just stop debating this bill and, in fact, let it pass.

I would put it to the member that if he wants more legislation to pass, he could speak less himself, if that was his goal. I am not suggesting that he speak less. He is welcome to speak as much as he wishes. However, it is a bit rich for him to tell other people to speak less when he is giving a 20-minute speech on this legislation. I am sure there are other members of the government caucus who have a particular interest in these subjects or particular expertise and who might have wanted to speak as well.

The other point to make about legislation is that the member is right to say that we had bills in the last Parliament that were put forward and then did not become law. I was trying to remember what happened in the last Parliament that might have prevented government legislation from becoming law.

One thing was that the government suspended Parliament completely, with the acquiescence of the NDP. For a substantial portion of 2020, when Conservatives were saying it was time to bring Parliament back in some form and that we were ready to work in a modified form, the Liberals, in fact, wanted to shut down Parliament because they did not want to have to deal with question period. Part of that was that their legislation did not move forward, and then they prorogued Parliament. We came back after prorogation, and then they called an election.

The Liberals now come back to us and say that they have these bills they have been working on for multiple Parliaments. They ask what happened, when they are the ones who made the decisions around suspending Parliament, prorogation and calling an early election. I think the member for Winnipeg North and the government have to face up to the fact that, if there are bills before us today that have been considered and were widely supported in previous Parliaments, they certainly bear some of the responsibility for decisions that they made.

I will make a final point in response to what the member for Winnipeg North said about how the government really wants to pass the bill. We have the same situation when Private Members' Business has been substantially delayed by the government's calling of an early election and by the government's unwillingness to be collaborative.

I will give one example. My private member's bill on organ harvesting and trafficking has been before the foreign affairs committee, approaching the full 60 sitting days, at which time it will be automatically reported back to the House. We actually also have another private member's bill, by a government member, which is before the foreign affairs committee, that has been subject to the same kinds of delays. We have private members' bills, as well, that have been back, Parliament after Parliament. Rather than the government being willing to have those studied at committee, we have seen significant delays.

Hopefully if the government wants assistance in passing legislation, it will take seriously the fact that there are good ideas that come from all corners of the House and take a little bit more of a collaborative approach around moving forward with Private Members' Business as well.

Bill C-20 deals with oversight for law enforcement, as well as for CBSA. It is a bill that underlines, I think, the profound failures of the government when it comes to criminal justice and policing in the country.

I want to share some statistics that underline the fact that whatever the government is doing is clearly not working. We are not seeing the kinds of outcomes we would want to see.

There has been a 32% increase in serious violent crime since 2015. There were 124,000 more violent crimes committed last year than in 2015. There were 788 homicides in Canada last year. There were 611 in 2015. That is a 29% increase in homicides, a 92% increase in gang-related homicides since 2015 and a 61% increase in reported sexual assaults since 2015. Police have reported that hate crimes have increased 72% over the last two years.

The point I made in a question earlier in debate and that I will underscore again is that when we look at these statistics we have to at some point face up to the fact that the government is failing if its objective is to reduce crime. We hear a lot of talk from the government about the problem of violent crime and how we need to work to reduce it. At the same time, the government is presiding over a significant escalation in violent crime, which means that either its strategy is making the problem worse or at least not solving it, or there is such a preponderance of exogenous factors that are shifting the landscape that those factors are driving this increase in crime despite the government's best efforts.

What we heard from an NDP member earlier, as we might expect offering defence of the government's approach, was that we should acknowledge that the causes of crime are complex, that there are many different issues that may be contributing to the rise in violent crime we are seeing in Canada and that we should acknowledge it may not all come down to what the federal government is doing. That is plausible. It is true that the causes of crime are diverse and complex. It is true that there are always lots of different things going on that may contribute to crime.

However, the government has pursued a particular strategy around criminal justice that is different from what we had seen previously, including the legalization and decriminalization of things. In the case of B.C., we have the government decriminalizing the use of extreme and very dangerous drugs like fentanyl. We see a particular approach to criminal justice being taken by the government with no acknowledgement that, in light of the increase in violent crime, there may be some relationship between the fact that the government changed the strategy on criminal justice and at the same time there was a significant increase in crime.

It is also particularly telling that this deflecting of responsibility to exogenous factors is what the government always does on every policy issue. The Liberals talk about how they are trying to achieve certain things and about how they are fighting for certain things, yet when the outcomes they promised are not realized, it is always somebody else's fault.

It is the current government that came in saying it was going to help the middle class and those working hard to join it. How is that going? We have an affordability crisis in this country seven years after the government took power. The Liberals said that they were going to work to bring about change for the middle class, to make life more affordable and to promote economic growth and so forth, yet we are seeing significant negative outcomes in terms of the middle class and those working hard to join it.

However, the government is here to assure us it is not the government's fault and that all of the measures it put in place were apparently positive. It says that the fact we have an affordability crisis has nothing to do with actions government members have taken, even though experts, including Mark Carney, the former governor of the Bank of Canada and prospective future leader of the Liberal Party, has said that inflation is a homegrown problem. We have these instances when, on the economy, the members of the government say things are going wrong but it is not their fault because they are there for the middle class, even though things have gotten significantly worse for the middle class.

On drug policy, the government says it is going to take a different approach and it has solutions to offer, which include decriminalization and safe supply, in which the government subsidizes drugs. Again, how is that going? The government has pursued a policy approach that is not working and is not achieving the results it promised. Then the Liberals are here to say again, on drug policy, that it is not them, that it is other factors driving this.

We see this in violent crime. It is worth mentioning the hate crime statistics again. There has been an increase of 72% over the last two years in hate crime. There are many factors, absolutely, that may be impacting levels of hate crime, but if the government says that its goal is to combat hate, and then we see a significant increase, it might be worth coming back to the government and asking why its policy approach has not achieved the results that clearly we all consider desirable.

Maybe doubling down on the same failed approach is not the right way to go. We see this across a broad range of policy areas. There are exogenous factors, of course, but if the government constantly says that when things go well it is because of them, and when things go poorly, it is not the government causing it, that is liable to generate some suspicion. We see how the failures of the government on a broad range of policy issues in criminal justice, drug policy, the economy and other areas, are contributing to a declining faith in government, a declining trust in institutions.

The good news, of course, is that we can try to rebuild that trust by having a new government that would chart a new course. What we see now increasingly is a declining trust in institutions, with people having a sense that the current government is not on their side and looking for change.

This bill, in creating a mechanism of oversight for the RCMP, seeks to engage in that dynamic of declining trust in institutions. There is a question of the level of public trust in certain communities in particular, of our RCMP, our CBSA, etc., and what can be done to strengthen that trust and to respond to the discourse around declining trust in government and other institutions.

I would say this about the broader question of trust in institutions. There are a couple of different factors that can cause declining trust in institutions. One is those institutions failing to earn that trust, but another is those institutions being maliciously run down by those who have an agenda to run them down. What we see in this case is the government failing to earn the trust of Canadians, thus losing their trust. Sometimes when the government shows itself to be unworthy of trust, it tries to invoke a “trust in institutions'” discourse to suggest that people should not be criticizing the government because that leads to declining trust in institutions.

In those cases it is important we hold the government accountable, that we push the government to, in fact, earn that trust of Canadians, to act with integrity and to address the repeated problems of corruption we see within the government. I know the Conservative Party is prepared to do that as we offer Canadians an alternative.

In the case of law enforcement, mistakes have been made at various times by various enforcement agencies, but I think we also have a dynamic in which trust is challenged because trust in our law enforcement is repeatedly undermined by those who offer extreme criticisms of those agencies. It is very important that we work to build up and support those who serve in our various security agencies, who have a challenging job, who do their best and are worthy of our support.

There are some quarters in the House where we hear, for instance, people talking about defunding the police. I will say very clearly that I am against these proposals for defunding the police. I think clarity from other quarters would be appreciated on that topic. We recognize the allied service provision has a role to play alongside law enforcement, absolutely, but we also recognize the critical role played by law enforcement. It is not realistic, in many cases it is counterproductive for those most vulnerable, to say we should be pulling resources from law enforcement.

Law enforcement should earn the public's trust, and we should also be critical of a discourse that seeks to run down that trust or undermine that trust. We need to recognize, appreciate and affirm the positive role in our society played by law enforcement. To understand the reality of proposals to defund the police, one only needs to look at places in the world where law enforcement is not available, where the institutions of justice, police, courts, etc., do not function properly or are not available to protect the vast majority of society.

In all of those cases, inevitably, when people do not have access to protection and justice, there is more crime, more violence and more harm done. From our perspective on this side of the House, we need to reject those efforts to undermine our law enforcement. At the same time, we need to build up those institutions, such as this civilian complaints mechanism, that support the building of trust.

With that in mind, the legislation before us should proceed to committee and be studied. We look forward to the further review on how to make this legislation work as effectively as possible.

I think there is work required, but we need to also understand the context in which this work is happening. It is a context in which we have increasing crime and increasing concern about public safety. The government's response to that concern is to double down on a failed approach of reducing sentences. Lowering sentences does not help people give up a life of crime.

There are various critical steps that we could take to support rehabilitation, and I am a big believer in rehabilitation. This is work that the justice system and all of us need to do to help people make a transition from a life of crime to a healthy, safe and productive life. However, reducing serious consequences for serious criminality is not a way to achieve that.

In terms of oversight of law enforcement and this government's failed approach, I will say a few words about the horrific mass shooting in Nova Scotia. This was an example of perhaps not only gaps in enforcement but also significant failures of policy.

We had an individual who was never a licensed firearms owner in Canada, but who had a NEXUS card. By all indications, he repeatedly brought guns across the border from the United States, using the ease facilitated by his NEXUS card. He was known by others in his community to have firearms, even though he was not licensed to be a firearms owner in Canada, and he carried out this horrific act of violence.

The immediate response of the government was to try to seize this moment to say that it needed to change and tighten its policy around firearms. However, the lesson it should have learned from that situation, and probably a variety of lessons around enforcement, was that the policy solution clearly was not to make more guns illegal. This was a person who smuggled guns from the United States. He used illegal guns, and he was never licensed to own firearms in Canada.

How do we have a situation where someone who had guns, but was not a licensed firearms owner, was not apprehended for his possession of illegal guns in a way that would have prevented this violence? These are questions that we need to hear answered. The fact of the matter is that the government was missing the point, and it was missing the response that was required. It was not about which guns were legal. It was about the fact that illegal guns were still being brought into this country and used.

I call on the government to recognize its failures in policy, to stop doubling down on those failures, to correct policies that clearly are not working and to take a new approach when it comes to criminal justice.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 11:40 a.m.
See context

Conservative

Garnett Genuis Conservative Sherwood Park—Fort Saskatchewan, AB

Madam Speaker, I have many things to say about Bill C-20, but I cannot follow the member for Winnipeg North without offering some response to the absurdities contained within his remarks, something we have come to expect from my friend from Winnipeg North. In particular, the member spoke for about 20 minutes about how people should not be speaking to the legislation, and about how instead we should rapidly pass all of the government's bills. I would submit that, if every member of the House spoke half as much as the member for Winnipeg North, we would be taking much longer, in fact, than we currently do with respect to legislation. I do not claim to be lily-white on that score either, but at least I do not lecture other members about speaking too much.

Public Complaints and Review Commission ActGovernment Orders

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

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 have seen 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 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 has been issue 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 / 10:35 a.m.
See context

NDP

Alistair MacGregor NDP Cowichan—Malahat—Langford, BC

Madam Speaker, it is a great honour to stand today to offer my thoughts, as the NDP public safety critic, on Bill C-20.

Before I get into it, I thank the Minister of Public Safety for bringing this bill forward for debate. A number of weeks ago I was having a conversation with him about some of the public safety bills he had on the Order Paper. I identified to him that this bill in particular was of great importance, because we are now in the third Parliament of trying to deal with this legislation. We know there are great problems with Canada's police forces, and many Canadians feels they do not receive equal treatment from them. I am glad to see that we are finally at the point where we are giving this bill serious consideration.

Before I get going on the substance of Bill C-20, it is also important for me to say how much I value and appreciate the members of the RCMP who police my community and work day and night to keep people safe. In the Cowichan Valley, we are going through an opioid crisis right now. We have a very high death toll. I know that when overdoses happen, the RCMP are often the first ones on the scene. They work long hours, and I do not think they get enough recognition for the incredibly important role they play.

For those of us who have never been police officers, or who never will be, we will never know what it is like for the families who, at the start of every shift, wonder if their loved ones are going to return home. In my time as the member of Parliament for Cowichan—Malahat—Langford, I have been very privileged to get to know many serving members in the local North Cowichan and West Shore detachments. I formed a good bond with the detachment commander and look forward to strengthening those relationships. I promise that I will, as a legislator, do everything I can to support their role in keeping our communities safe.

The same goes for members of the Canada Border Services Agency. These men and women are our country's first line of defence at our ports of entry. They are diligently on the lookout each and every day for smuggling networks of firearms and drugs. They are carefully reviewing every visitor to our country and are making sure that we are not admitting criminals or those who may have committed war crimes.

That being said, it is impossible for us, as parliamentarians, to ignore the serious calls for reform of the RCMP and the CBSA. Some of those calls are coming from within the force, but a lot of those are from the outside. I will start with the CBSA.

The Canada Border Services Agency is the only major federal law enforcement agency without external oversight. The officers in that agency have a broad range of authority. They can stop travellers for questioning. They can take breath and blood samples. They have the ability to search, detain and arrest non-citizens without a warrant. They can interrogate Canadians. They also have the authority to issue and carry out deportations on foreign nationals.

These authorities have been carried out in an environment where charter protections are reduced in the name of national security. Despite all of these sweeping powers, this agency has existed until now without any independent or external civilian oversight for any complaints or allegations of misconduct.

I have a lot of respect for the men and women who wear the CBSA uniform. They are doing a very tough job. However, when you look at the force as a whole, the fact that there have been at least 16 deaths in CBSA custody since the year 2000 underlines the importance of having transparency added to how the agency functions, and of having external oversight so that Canadians could continue their trust in how it functions.

With the RCMP, we need to have a little history lesson. It was once known as the North West Mounted Police. It was the agent for enforcing Canada's racist policies against indigenous peoples. These policies called for the assimilation, relocation or elimination of indigenous peoples so that their lands could be made available for settlement and economic development.

There are two federal statutes that were primary tools in the RCMP's tool kit. There was the Indian Act, of course, which was the primary driver of assimilation, but also our Criminal Code was used to penalize indigenous people for their cultural practices. It also sought to eliminate the indigenous identity they expressed.

In modern times we have seen, certainly in my province of British Columbia, troubling interactions between the RCMP and indigenous protesters, most notably in Wet'suwet'en territory in the beginning of 2020. The British Columbia RCMP has a unit called the community-industry response group, and many of its interactions have raised some questions. It has been alleged to have made use of exclusion zones, psychological manipulation, siege tactics and arbitrary detention, theft of property, pain compliance and withholding the necessities of life.

Fairy Creek, in my riding, is one of the last untouched old growth watersheds in southern British Columbia, with some truly magnificent trees. It is on the traditional and unceded territory of the Pacheedaht First Nation. Last year, in the summer of 2021, a rumour that the area was going to be logged sparked massive protests in the region. With some of the tactics the RCMP used, such as exclusion zones to keep the media from interfering with its operation, the B.C. Supreme Court had to step in and rule that the exclusion zones and checkpoints were unlawful. Again, this is an example of the RCMP's not complying with existing law and making it up as it goes.

The complicating factor in Fairy Creek was the fact that the Pacheedaht First Nation was trying its best to cool down the temperature, so to speak. It simply wanted the time and the space to be able to figure out how it was going to manage its own lands. I do not think either side of that protest really fully respected its wishes, and that was the sad legacy of all that.

The other thing is that under the current Royal Canadian Mounted Police Act, we have the Civilian Review and Complaints Commission, but it has been plagued by extremely slow timelines. One example I remember reading about in the news is from back in 2014, when the B.C. Civil Liberties Association made a complaint with the CRCC. It alleged that the RCMP had carried out an illegal spying campaign against law-abiding protesters who were opposed to Enbridge's proposed northern gateway pipeline project. The CRCC probed the question and handed the Mounties an interim report in 2017, so it took three years for that interim report. The force still had not responded to that report three and a half years later, preventing the CRCC from releasing its findings publicly.

There are those kinds of timelines and the fact that the civilian agency, the CRCC, has routinely taken the RCMP to task for not properly following through on sexual assault investigations despite the RCMP's promises to do better. In fact, the CRCC has issued 43 adverse findings. These are conclusions that were unfavourable to the RCMP in cases involving sexual assault investigations since 2019, so that is over the last three years. An analysis of these reports has shown that too many RCMP officers fail to take sexual assault allegations seriously and struggle with matters of consent. Again, these problems are well documented, and they exist. We cannot hide from them. It is time for us to confront them openly, honestly and with a great deal of transparency.

I mentioned at the beginning of my speech that many of the criticisms are coming from outside these forces, but there are also major criticisms that need to be addressed from inside the force. Colleagues in this House may recall the name of Janet Merlo. Janet Merlo had worked as an RCMP officer in British Columbia for nearly 20 years when her doctor advised her to go on medical leave back in 2010 because of the constant bullying and harassment she had faced when working as a member of that force.

She and her co-plaintiff, Linda Davidson, took the RCMP to court. They ultimately earned an apology and received a settlement of $125 million for more than 2,300 women who had faced discrimination. It is not just people on the outside who are facing discrimination in their interactions with the RCMP. These were members in good standing, whose biggest goal in life was to be a positive contributor to the image of the RCMP, but who instead had to endure an unimaginable hell during their time within the force.

I will read from Human Rights Watch, which stated:

When they experience abuse at the hands of the police or when the police fail to provide adequate protection, women and girls have limited recourse. They can lodge a complaint with the Commission for Public Complaints against the RCMP, but the process is time consuming and the investigation of the complaint will likely fall to the RCMP itself or an external police force. Fear of retaliation from police runs high in the north, and the apparent lack of genuine accountability for police abuse adds to long-standing tensions between the police and indigenous communities.

That in itself underlines the seriousness of the issue and why it is so very important that this time, with Bill C-20, we make a determined effort to push it over the finish line so it becomes part of the statutes of Canada.

I do not think that today's discussion on Bill C-20 can happen unless we make an important reference to the report entitled “Systemic Racism in Policing in Canada”, which was tabled earlier this year by the Standing Committee on Public Safety and National Security. This was a report that was done in the last Parliament, but we ran out of runway in order to get a government response. I got unanimous consent from the committee in this Parliament to retable the report so we could get a government response.

I will read from the beginning of the report, which states:

Given the pervasive nature of systemic racism in policing in Canada, the House of Commons Standing Committee on Public Safety and National Security...has concluded that a transformative national effort is required to ensure that all Indigenous, Black and other racialized people in Canada are not subject to the discrimination and injustice that is inherent in the system as it exists today.

It goes on to say:

The Committee was told that accountability, oversight and transparency are critical to restore trust with Indigenous and racialized communities subject to systemic racism. Witnesses also emphasized the need for the collection of disaggregated race-based data to provide Canadians with an accurate picture of the impact of police practices and policies on Indigenous and racialized people.

From that report there were some amazing recommendations, but I will focus on the first four or five, because I think they are most pertinent to the bill before us today.

The first recommendation that came out of that report was that it called upon the Government of Canada to clarify and strengthen the mandate, independence and efficacy of the Civilian Review and Complaints Commission through a number of ways. The report recommended that there be a substantial increase in its annual funding to ensure it had adequate resources; that we create statutory timelines for responses by the RCMP commissioner to the reports; that there be a requirement that the commissioner of the RCMP report annually to the Minister of Public Safety to describe the steps taken to implement CRCC recommendations and that the report be tabled in Parliament; and that the CRCC be required to publish its findings and recommendations in respect of all the complaints it receives in a manner that protects the identities of the complainants.

The second recommendation called on the government to increase the accessibility and transparency of that same CRCC, so that the process for initiating a complaint is easier to navigate; ensure that the independent review process is explained in a detailed and accessible format, again making sure the people who are most impacted by this have as easy a time as possible in making their complaint; and make sure that the progression of a review and the reports involved in it are transparent and publicly available.

The third recommendation is particularly important, because it is calling for “meaningful and engaged Indigenous participation and holds the RCMP accountable for wrongful, negligent, reckless, or discriminatory behaviour”. This would require the government to “consult with local Indigenous groups where complaints or systemic reviews involve Indigenous complainants; include Indigenous investigators and decision makers [within the commission]; and ensure Indigenous investigators are involved where the complaint involves Indigenous people.”

I had a chance, when the minister gave his opening speech on the bill, to ask him about that, because currently the bill would allow for the government to have some discretion on who is appointed to the body. I asked the minister if he would be open to codifying the fact that we need to have indigenous participation. The media got a hold of my interactions with the minister, and the CBC took the time to reach out to Grand Chief Stewart Phillip, who is president of the Union of B.C. Indian Chiefs.

I will read a quote from him. He said, “All legislation must engage Indigenous input not after the fact but during the drafting of the legislation itself, and it's absolutely essential that any oversight bodies of policing agencies include an Indigenous presence.” That is from Grand Chief Stewart Phillip. I have to say that I think that kind of quote is very helpful, and I hope he will be of service when the bill comes before the committee.

The report flows on to recommendation 4, about making sure the appointment of Indigenous, Black and other racialized people is a part of that commission and that they also take leadership positions within the organization.

I have also borrowed heavily from Professor Kent Roach. He is a professor of law at the University of Toronto. He has often written about problems with the RCMP and the way we need to reform it. He too has publicly called for a reform of the existing CRCC to make sure it can investigate complaints and conduct systemic reviews, but also to create more indigenous police services. That is something we are looking forward to seeing, a legislative framework for indigenous policing in Canada.

There have been a lot of attempts at addressing this issue, and in fact my colleague, the member for Esquimalt—Saanich—Sooke, raised this issue all the way back in 2014, in the 41st Parliament. Several standing committees in both the Senate and the House have addressed this issue over a number of years, and as has been mentioned by previous speakers, we have seen the bill before us in other forms, in Bill C-98 in the 42nd Parliament, Bill C-3 in the last Parliament, and now Bill C-20 in this one. In each of those earlier cases we simply ran out of runway. One of the bills was introduced at the very end of a session, and the other bill, of course, fell victim to an unnecessary election call during the summer of last year.

Very quickly, because I know my time is winding down, when we look at the substance of Bill C-20, what it would essentially do, and this is a fairly radical departure from the previous versions, is create a brand new public complaints and review commission that would be a stand-alone piece of legislation, so it would be completely separate from the RCMP Act. That would give it a measure of independence that is sorely needed.

I know, from reading government backgrounders on this, that the Government of Canada has committed to funding $112.3 million over six years to this agency, with $19.4 million ongoing, and that is going to be incredibly important in ensuring it has the resources to do the job and Canadians can maintain trust.

In my final minute, I will conclude by saying that Bill C-20 is a good and important step, and I think ultimately it would help ensure transparency and public confidence in our institutions, both with the CBSA and the RCMP. Extremely vulnerable people in Canada, including refugee claimants, have long advocated for this body to ensure accountability and transparency. It is clear that we, as a Parliament, have waited a long time to codify these reforms, and I hope members from all parties will agree and come to a point where we can get this bill to a vote soon and send it to the Standing Committee on Public Safety and National Security so that we can look for ways to improve it.

I will conclude there. I appreciate this opportunity to have made a few remarks.

Public Complaints and Review Commission ActGovernment Orders

November 22nd, 2022 / 10:35 a.m.
See context

Sherbrooke Québec

Liberal

Élisabeth Brière LiberalParliamentary Secretary to the Minister of Mental Health and Addictions and Associate Minister of Health

Madam Speaker, I thank my colleague for her speech.

Among other things, Bill C-20 seeks to ensure that all Canadians are treated fairly and equitably. The bill provides for the collection of data to address systemic racism.

I would like to know whether my colleague agrees that these measures will indeed help to combat systemic racism.