Subcommittee on the Review of the Anti-terrorism Act Committee on June 21st, 2006

[Vic Toews, Conservative, Provencher, MB]

You're assuming that the legislation is somehow suspect. I think it is--

[Roy Cullen, Liberal, Etobicoke North, ON]

No I'm not assuming that, I'm just saying that it's not inconceivable that the Supreme Court will strike is down.

[Vic Toews, Conservative, Provencher, MB]

It's not always easy to predict what the Supreme Court of Canada is going to do.

[Roy Cullen, Liberal, Etobicoke North, ON]

No.

The Canada Customs and Revenue Agency had introduced what was called a taxpayer bill of rights. Now, the customs part came over to the Canada Border Services Agency. Did they bring along with them the bill of rights? I'm using the term loosely. I don't know exactly what it was called, but it was basically in the Canada Revenue Agency to give taxpayers a knowledge of what they should expect in terms of fairness, equity, courtesy, etc. Was that imported into the customs part when it became part of the Canada Border Services Agency? I'm wondering if you've looked at incorporating some fairness or some guidelines so that people who come across the border know what to expect--whether they should be treated with courtesy, or what they can do if they feel they've been treated unjustly at the border.

It links roughly to this question about alleged racial profiling, but I think it goes beyond that as well. It just deals with what a person can expect at the border and what you are obliged to do as well.

Have you looked at the rights and responsibilities that you have when you come across a border and your recourse if you feel you've been unfairly treated? Have you looked at that, Mr. Day?

[Stockwell Day, Conservative, Okanagan—Coquihalla, BC]

To be honest, on the taxpayer bill of rights as a specific item, whether that has been brought into...I'm not sure. I'm here today with Mr. Bill Elliott, former national security adviser, who now, just recently, is working in the associate deputy position within my portfolio. So I'll get an answer to you on that.

With anything that happens at a border, whether it's being assessed costs for a product you're bringing in, or for anything a person runs into, there's an extensive appeal process if they feel they are unjustly treated. I follow up if I get personal requests. Sometimes I get requests from people who feel they just weren't politely treated at the border. Those are followed up. CBSA looks into those and we get a full report back, keeping in mind there are between 70 million and 90 million border crossings a year. That's just on the land borders, so it's 260,000 to 300,000 people a day. In a month, I might get four or five complaints from people. Now, there are other complaints that might go elsewhere, but in every one of those cases, CBSA checks it, goes to the officer concerned, and in cases where they feel there might be some enhanced sensitivity and client appreciation training needed, that's provided.

[Roy Cullen, Liberal, Etobicoke North, ON]

I guess we have to be more specific. Under the former government, I think it was public knowledge that there was an initiative being launched to consult with stakeholders to set up the same kind of regime that was with the Canada Customs and Revenue Agency with respect to taxation issues, income tax, GST, the same sort of bill of rights, if you want to call it that, with respect to people, and the customs function within the Canada Border Services Agency.

So I don't know if you have had a chance to be briefed on that, or whether you're saying that's not an initiative you're going to be pursuing, or what.

[Stockwell Day, Conservative, Okanagan—Coquihalla, BC]

I have a specific note that Mr. Elliott just passed to me. Just let me read it to you directly. It says:

Though it was now under the aegis of another department, the new border services agency, CBSA, continues to administer the decision appeal processes that were in place at the time. Recent discussions with CBSA officials have confirmed that while it is currently drafting its own client fairness program--that's in process right now--it continues to respect the spirit of fairness embodied in the “YOUR RIGHTS”.

So that continues to be applied, and they're looking at improving on it.

[Roy Cullen, Liberal, Etobicoke North, ON]

Thank you.

[The Chair, Conservative, Gord Brown]

Thank you, Mr. Cullen.

Thank you, committee, and thank you, Ministers, for coming. We will be meeting tomorrow to decide the path forward. It's my personal view.... It will be up to the committee what we decide to do, but Ministers, once we've done our work, it may well be useful for us to call both of you back again.

So thank you very much.

[Stockwell Day, Conservative, Okanagan—Coquihalla, BC]

We look forward to that. We look forward to your work and your recommendations. Thank you.

[The Chair, Conservative, Gord Brown]

The meeting is adjourned.