Mr. Speaker, it is a pleasure for me to rise this afternoon to speak on this legislation.
I think it is important at the outset to look at some of the figures involving the background of this legislation. In the last two and a half years Revenue Canada customs officers have encountered the following criminal situations at ports of entry into Canada: over 8,500 suspected impaired drivers, almost 200 incidents of child abduction, approximately 68 Criminal Code offences in my riding of Fort Erie at the Peace Bridge in 1996, over 2,000 individuals subject to arrest warrants and more than 500 individuals in possession of suspected stolen property. These are usually vehicles.
These statistics are very disturbing. Although customs officers reported these incidents to local authorities, the police were only able to apprehend a few suspects. This fact is most disturbing.
These incidents occur at most land, air and marine ports of entry, with about 80% located on highways, 10% at airports that handle international traffic and 10% at seaports.
I am very pleased to rise this afternoon to speak on Bill C-18, an act to amend the Customs Act and the Criminal Code, a bill that will make these statistics a thing of the past. This is a piece of legislation that is truly very near and dear to my heart and to the many customs officials that work the front line at the Peace Bridge border crossing in Fort Erie in my riding of Erie—Lincoln.
After my election in 1993, I was approached by the local customs union representatives about the difficulty in apprehending impaired drivers at the Fort Erie-Buffalo crossing. In fact, I attended at the border and observed their observations and even stood out at the primary inspection line and observed the cars coming across.
There have been several incidents in my riding and the customs officers were rightfully frustrated that they did not have the power to detain suspected drunk drivers until the local police could intervene. The standard operating procedure at that time was to let the driver through and notify the local police, hoping and sometimes praying that they would catch up with any impaired individuals. This was unsatisfactory.
In fact, it was shocking. Most people in my riding just could not comprehend this. Some said “Well, an individual has powers of arrest, citizen's arrest”, but the customs officers were very reluctant to take these powers because of concerns if they were injured in doing so, the question of false arrest, liability implications, et cetera. It was not recommended by either management or the union. This was unsatisfactory.
The course of action that was followed was far too dangerous for our border communities and too many times resulted in an accident before the driver could be apprehended. My customs officers told me that this had to change and I agreed with them.
In 1995, an in-depth study of officers' powers confirmed this and concluded that the existing situation was unacceptable. The study proposed an extension of customs officers' powers to include Criminal Code offences. Support for this idea came from groups such as Canadians Against Violence Everywhere Advocating its Termination, which we have come to know as CAVEAT, police forces, Revenue Canada, employees, the customs excise union and the general public in my riding of Erie—Lincoln.
In 1995, I began to prepare a private members' bill on this issue. I met with some of the stakeholders, including the customs excise union president at that time, discussed how this issue should be addressed and what the best course of action would be. Around this time I was informed by my colleague, the former minister of revenue, that the department was also looking to resolve this problem by amending the Customs Act and the Criminal Code. This government listened.
The result was Bill C-89 that was tabled this past March. This legislation, as many of you know, unfortunately died in the Order Paper in April. Over the course of the summer I was pleased to learn from our new minister of revenue that reintroducing this legislation was a priority. On October 30 he fulfilled that commitment. I congratulate him for the expeditious manner in which this important bill was reintroduced.
Under the proposed legislation, customs officers will be provided a first response capability at the border with the power to detain or arrest individuals suspected of having committed offences which fall under the Criminal Code, such as impaired driving or child abduction.
The intent of the legislation is to bridge the gap between the time customs officers detect a Criminal Code offence and the time when the police can arrive to intervene. Provincial authorities will continue to be responsible for prosecuting individuals for Criminal Code offences at the border.
Customs officers encounter criminal behaviour at the border that is outside the parameters of the Customs Act and the fact that they cannot take appropriate action places all Canadians at risk. This legislation will correct an enforcement gap which is not acceptable to the public, local police agencies, victims' rights groups or customs officers.
I believe that these changes will result in safer communities, but above all they will help to contribute to long term public protection.
I understand that once the bill receives royal assent it could take six to nine months to implement this initiative and that customs officers will be trained to ensure that they act fairly, responsibly and within the confines of the law in carrying out their new duties.
Current training programs will require changes and no customs officer will be permitted to carry out the first response function until he or she has received and passed the appropriate training.
This is not an entirely new function because customs officers are already designated as peace officers for the purposes of the Customs Act. They already undergo extensive training on search, seizure and arrest. Customs officer training also includes instruction on the charter and its implications in exercising the powers of search and arrest. I understand that plans are under way to introduce training on the use of force for personal protection and to compel compliance with the law.
No customs officer should be put in the position of having to carry out this or any other function without appropriate training. I urge the government to carefully plan this training as it is crucial for the customs officers to have adequate education and training. They want nothing less and our border communities demand nothing less.
It is said that the additional responsibilities will only be given to officers who deal directly with individuals seeking entry into Canada. This will involve about 2,500 members of the current customs officer workforce of 3,200. I am pleased to note that it will not include any student customs officers.
Many young people in my riding have part time or summer jobs at customs and, realistically, do not have the experience or the time to be properly trained for this function. We certainly do not want to put them at risk. I was very happy to see that this concern was taken into consideration.
I wish to discuss the functions that extend beyond the drinking and driving issue that were brought to my attention two years ago. Customs officers currently have the power to detain and arrest individuals for Customs Act offences such as smuggling. They also have the authority to search for and seize goods, such as illegal drugs, firearms, contraband tobacco and liquor, and prohibited materials such as child pornography.
The scope of the customs officers' existing powers of arrest and detention will be broadened to bridge the gap between the time customers officers detect a Criminal Code offence and the time it takes for the police to arrive and intervene. The changes will also authorize customers officers to arrest individuals who are subject to arrest warrants issued under the Criminal Code. In the case of impaired driving, designated customs officers will administer the preliminary roadside screening test. Individuals who do not pass the screening test will be turned over to the police for a breathalyser test.
Provincial authorities will be responsible for any further investigations and prosecutions of individuals for Criminal Code offences at the border.
Those of us who received a package from the customs excise union last month will have undoubtedly read the letter written by Mr. Stan Johnson, a customs inspector at the Windygates, Manitoba border crossing. As recently as October 3, 1997, Mr. Johnson was unable to detain an impaired motorcycle driver returning to Canada from an evening of drinking in the United States. Minutes after crossing the border one of the two motorcycle drivers lay dead from a deadly combination of speed and alcohol.
It is evident from Mr. Johnson's letter that he is struggling with the frustration that his role as a customs officer did not allow him to stop this tragedy. It is wrong to subject our customs officials to this frustration when these tragedies are clearly preventable.
I urge this House to deal expeditiously with this legislation. It has been demanded by customs officers, border communities, elected representatives and the families and friends of those who became victims of impaired drivers.
The customs and excise union has been calling for this type of corrective measure for more than a decade. The customs and excise union and those on the front line at the Peace Bridge in Fort Erie support this measure. In a recent letter the union said there was a tremendous need to bridge a very obvious gap in legislation that had existed far too long.
I will comment on a couple of questions asked in the House today. Why has it taken so long to get to this position? The situation is not a simple one. We have to do it right. It was necessary to assess thoroughly the nature and severity of the situation across Canada. It was also necessary to properly evaluate the various options and to discuss them with both federal and provincial officials. I am confident the proposed legislation is both reasonable and workable.
The question of arming customs officers has often been raised. Again it was raised in debate today. The health and safety of customs officers have been and will continue to be priorities. Customs officers do not carry firearms. The proposal to extend the scope of their arrest powers would not change that. Some customs officers believe they should carry a weapon for their personal protection. However it is the government's position that introducing firearms at the border is unnecessary and could be a serious mistake.
We have to bear in mind that this is not entirely new ground for customs officers. As I said, they are already designated as peace officers for purposes of the Customs Act. To date they have not needed a firearm to fulfil their responsibilities safely and efficiently. Arming them could invite more violent behaviour on the part of travellers.
If not handled properly, an officer's firearm could provide an otherwise unarmed traveller with a weapon that could actually be used to injure or kill the officer or other people in the vicinity.
We also have to bear in mind that the role of customs officers will be very limited. They will provide a first response only. They will not be expected to participate in Criminal Code investigations or to transport prisoners, as the police will intervene at a very early stage. For these reasons the government has chosen not to arm our officers.
Some concern was expressed about the impact on police and the judicial case load. It would probably be very minimal. Furthermore we expect that implementing this initiative will have a deterrent effect. We expect the number of incidents will drop significantly when the travelling public realizes and becomes aware that the customs officers are empowered to deal with criminal offences.
As I have indicated, this is good legislation. It should hopefully be passed unanimously by the House. The concerns being expressed today are very minimal. The country would be well suited to defend its borders and citizens from criminal activities, from individuals crossing its borders with criminal intent and undertaking criminal activities.