Mr. Speaker, I am pleased to rise today in the House of Commons to speak on this particular piece of legislation, Bill C-18, an act to amend the Customs Act and the Criminal Code.
It is in fact a very timely piece of legislation. I would go so far as to say that it is a good initiative. I am encouraged to see the government bringing this legislation forward.
It deals specifically, as previous members have mentioned, with the power to enforce Criminal Code sections as they pertain to powers of arrest at the border crossings or the first point of entry for persons coming into the country. As previously stated this piece of legislation is aimed at increasing the powers of customs officers themselves in their ability to arrest without a warrant and to release from custody in cases where an arrest has been effected without the warrant from a peace officer being involved.
The peace officers themselves I would suggest would be greatly aided by the ability of the border crossing guards or the customs officers being able to effect this duty independent of the involvement of the police here. Much like police themselves, customs guards are routinely encountering a great deal of what I would suggest ongoing difficulty at the border involving persons coming into the country under the influence of alcohol to whatever degree and this is certainly something that we want to deter.
I spoke in the House previously, as have other members, with respect to the difficulties Canadians face daily on the roads and the carnage that results from impaired driving. It is a very legitimate purpose that customs officers would have the ability to make that intervention and to effect an arrest. This is not to say that the age old common law powers of arrest and a person's ability to make a citizen's arrest could not have been utilized, but this certainly legislates it and empowers customs officers specifically in this regard.
Designated officers at customs stations and border crossings also encounter a fair degree of danger as it pertains to the illegal importation of weapons into the country and often cases involving the importation of drugs and banned or illegal substances.
It is trite to say that persons who are prepared to take these risks are often individuals who could be described as desperate in some circumstances. Customs officers are basically in the line of fire when they discover a person may be in possession of illegal substances, illegal handguns or other items. They are in a position of confronting the individual at the border, which can lead to a dangerous situation.
I have one concern about the bill. The increased power of customs officers to effect arrest and to exercise their discretion is not backed up with specific protections for those persons wielding this new power. I am sure this will be discussed at the committee level. I speak specifically of such things as the right to carry firearms and the right to wear protective body armour like a flak jacket or a bulletproof vest. This has to be given more thought.
To simply empower customs officers to make these arrests and to intervene more at Canadian borders is a good idea in principle which I and my Conservative Party colleagues endorse and encourage, but we have to be very careful when we empower people to give them adequate protection.
There is some irony in the timing of the bill. Less than two weeks ago there was a reading of private member's Bill C-211 sponsored by my Reform colleague from Langley—Abbotsford. That bill also dealt with peace officers being granted authority with respect to arrest warrants. Apparently the government did not feel this was a proper initiative and failed to support it.
I have heard other members refer to increased traffic at our borders. This has been taken into account. It is an important factor when one considers the amount of traffic that flows daily back and forth across our various border crossing points. We enjoy the largest unguarded border in the world between Canada and the United States, which is by far our biggest trading partner. That is certainly beneficial to this country.
The implementation of the new powers of arrest for customs officers is very much a good thing. It will allow customs officers to carry out their daily tasks more effectively.
One of the most positive elements of Bill C-18 would be to add a section to the act that would allow customs officers to handle impaired drivers in the same manner as peace officers. This will perhaps lessen the workload of some local constabularies whether the RCMP or the municipal police.
I noted with great interest the possibility of including in the ability of a provincial prosecution office the additional duty of handling the types of cases that would be brought forward by customs officers. That is something that could be explored.
I would suggest to the House based on my experience that provincial prosecution offices, much like the offices of the municipal and RCMP forces, are very much weighted down already. The downloading of this on to provincial crown offices is not something that should be entered into lightly as an initiative by the federal government. It is certainly something that could be looked at in the sense that it would be done on a per diem basis or contracted to various provincial offices.
When we are talking about a matter that falls solely into federal jurisdiction, that is international trade across our borders, although we are into the area of criminal activity per se involving impaired driving as an example or possession of firearms, there is room for some interaction and perhaps interplay between provincial prosecution services and those put forward by the federal Department of Justice.
With respect to impaired driving I can only reiterate comments I have made in the House. My party and I support tougher drunk driving measures. Bill C-18 is important because it gives customs officers an effective interventionist role in combating impaired driving within Canada.
The powers and obligations placed on customs officers under Bill C-18 are very much in line with those currently found in the Criminal Code under sections 495 to 497 and specifically under subsections 495(3) and 497(3) which put customs officers very much in line with their ability to act as peace officers, as designated by the Minister of National Revenue, as if they were in fact peace officers. An official designation would be placed upon them.
Generally speaking the feedback I have received on this initiative is positive. Customs officers are embracing the initiative and are prepared to act in this new found role.
Another section of Bill C-18, however, clearly states that designated officers may not use their new found responsibilities to engage in the sole purpose of searching for evidence. This might be a reasonable limitation. I would like to hear from the officials in the customs office, union, law enforcement officers and other civil libertarian organizations and associations throughout the country at committee stage.
This is an area we have to tread lightly on. When bestowing the powers of arrest and intervention on customs officers, we have to be very careful when it involves an infringement for the sole purpose of gathering evidence. There has been much contention in the past on this area of the Criminal Code. I suggest there will be continued contention.
The final portion of the bill deals with proposed amendments to the Criminal Code to ensure it corresponds with new sections of the Customs Act. I have a few concerns about the impact of Bill C-18. Perhaps the minister or parliamentary secretary could provide further details on how the government plans to address potential problems.
Will customs officers be able to respond adequately to the emergency type situations I referred to earlier? There are sensitive areas when a customs officer encounters a person engaged in an illegal activity or engaged in an offence under the Criminal Code for impaired driving.
There will have to be an allocation of funding and a commitment to increase resources as they relate to the training of customs officers and how to deal with the new powers bestowed upon them.
As we have seen by example in the House involving previous legislation, the Liberal government is often quite quick to grant new powers or to expand powers as they pertain to arrest or search warrants. We do not necessarily see adequate back-up in terms of resources to allow individuals to effectively carry out the particular powers.
I would be very much interested to see what commitment we will have from the federal government to adequately arm and protect customs officers in their desire to combat crime at Canadian borders.
I have a concern with respect to granting customs officers the ability of peace officers to avoid providing additional resources to municipal and federal police forces. I do not think that is the intent of the legislation. I do not think that there is an attempt to take powers away from police officers.
I would not want to see the reason given that no increased funding would be put into the area of expanding the availability of justices of the peace to assist police officers. I would not want to hear that money could not be allotted for that because money was being put into the area of increased training, et cetera, of customs officers at our borders.
When customs officers are put in a position where they have to act like police officers and carry out the duties, it is extremely important they have the feeling and the assurance the federal government will give them the training and back-up they will need to perform that role.
While I support the legislation which will make the job of customs officers easier by granting them new authority, I do so on the premise the government will not give carte blanche to new obligations without proper support in terms of resources.
On behalf of the Progressive Conservative Party, as I have said throughout my remarks, we support the legislation in principle. I look forward to the opportunity of discussing further details and fine tuning the act at committee level. It is a very important and timely piece of legislation.
Many customs officers throughout the land have felt a need for the legislation for some time. I commend the minister for bringing it forward. I look forward to discussing it further at committee level.
