We would offer two separate areas of concern in relation to the amendment.
The first is that it would create a definition of “serious incident” for the CBSA that would be different from the one that exists for the RCMP, which was not the government's intent. The intent was very much to parallel in the new legislation for CBSA the existing definition for the RCMP.
The second is in new paragraph (a.2). It would appear to provide that unfounded detention triggers a serious incident, which can involve referral to the police of jurisdiction in the case of CBSA; however, detention under CBSA is subject to review by the Immigration and Refugee Board and is subject to review in certain circumstances by the Federal Court, so we would not suggest that it is properly a police matter when that occurs.