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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 80
Wednesday, November 1, 2023, 4:30 p.m. to 6:51 p.m.
Webcast
Presiding
Ron McKinnon, Chair (Liberal)

• Frank Caputo for Eric Melillo (Conservative)
• Hon. Kerry-Lynne D. Findlay for Dane Lloyd (Conservative)
• Ken McDonald for Heath MacDonald (Liberal)
• Kyle Seeback for Doug Shipley (Conservative)
House of Commons
• Dancella Boyi, Legislative Clerk
• Philippe Méla, Legislative Clerk
 
Library of Parliament
• Sabrina Charland, Analyst
• Alexsandra Ferland, Analyst
Canada Border Services Agency
• Cathy Maltais, Director, Recourse Directorate
Civilian Review and Complaints Commission for the Royal Canadian Mounted Police
• Joanne Gibb, Senior Director, Strategic Operations and Policy Directorate
• Lesley McCoy, General Counsel
Department of Public Safety and Emergency Preparedness
• Randall Koops, Director General, International Border Policy
• Martin Leuchs, Manager, Border Policy Division
• Deidre Pollard-Bussey, Director, Policing Policy
Royal Canadian Mounted Police
• Alfredo Bangloy, Assistant Commissioner and Professional Responsibility Officer
• Kathleen Clarkin, Director, National Recruiting Program
Pursuant to the order of reference of Friday, November 25, 2022, the committee resumed consideration of Bill C-20, An Act Establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments.

The witnesses answered questions.

The committee resumed its clause-by-clause study of the Bill.

The committee resumed clause-by-clause consideration on Clause 52 of the Bill.

The committee resumed consideration of the amendment of Peter Julian, — That Bill C-20, in Clause 52, be amended by replacing lines 13 to 18 on page 35 with the following:

“(5) The Commission may refuse to deal with a complaint if dealing with the complaint would seriously compromise an ongoing investigation.”

The question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

Kristina Michaud moved, — That Bill C-20, in Clause 52, be amended by replacing line 13 on page 35 with the following:

“(5) The Commission may refuse to deal with a com‐”

After debate, the question was put on the amendment of Kristina Michaud and it was agreed to.

Pursuant to the order adopted by the committee on Wednesday, December 8, 2021, the following amendment, submitted by Elizabeth May for the consideration of the committee, was deemed moved:

That Bill C-20, in Clause 52, be amended

(a) by replacing line 19 on page 35 with the following:

“(6) The Commission may defer dealing with a com‐”

(b) by replacing, in the English version, lines 21 to 24 on page 35 with the following:

“seriously hinder an ongoing criminal investigation or criminal proceeding.”

(c) by replacing line 26 on page 35 with the following:

“(2) to (5) to deal with a complaint, it must give notice in”

The question was put on the amendment of Elizabeth May and it was negatived.

Jennifer O'Connell moved, — That Bill C-20, in Clause 52, be amended by replacing, in the English version, line 20 on page 35 with the following:

“plaint if, in its opinion, dealing with the complaint would compromise or”

After debate, the question was put on the amendment of Jennifer O'Connell and it was agreed to, by a show of hands: YEAS: 11; NAYS: 0.

Clause 52, as amended, carried on division.

On Clause 53,

Kristina Michaud moved, — That Bill C-20, in Clause 53, be amended by replacing line 19 on page 36 with the following:

“to (4) or (6) applies.”

After debate, the question was put on the amendment of Kristina Michaud and it was agreed to.

Clause 53, as amended, carried on division.

Clause 54 carried on division.

Clause 55 carried on division.

On Clause 56,

Iqwinder Gaheer moved, — That Bill C-20, in Clause 56, be amended by replacing, in the English version, lines 33 and 34 on page 37 with the following:

“be, must, within the prescribed time, provide the Commission with a copy of”

After debate, the question was put on the amendment of Iqwinder Gaheer and it was agreed to on division.

Clause 56, as amended, carried on division.

Clause 57 carried on division.

Clause 58 carried on division.

On Clause 59,

Doug Shipley moved, — That Bill C-20, in Clause 59, be amended by replacing line 32 on page 40 with the following:

“(7) The parties and the union representatives for the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint, and any other person who satisfies the”

After debate, the question was put on the amendment of Doug Shipley and it was agreed to.

Clause 59, as amended, carried on division.

On Clause 60,

Peter Julian moved, — That Bill C-20, in Clause 60, be amended by replacing line 31 on page 41 with the following:

“an ongoing civil proceeding.”

After debate, the question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

Clause 60 carried on division.

Clause 61 carried on division.

Clause 62 carried on division.

Clause 63 carried on division.

On Clause 64,

Peter Julian moved, — That Bill C-20, in Clause 64, be amended by replacing line 20 on page 42 with the following:

“ing setting out any findings and binding recommendations with”

After debate, the question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

Peter Julian moved, — That Bill C-20, in Clause 64, be amended by replacing line 23 on page 42 with the following:

“must, within 90 days after the day on which he or she”

After debate, the question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 1; NAYS: 8.

On Clause 64,

Iqwinder Gaheer moved, — That Bill C-20, in Clause 64, be amended by replacing line 24 on page 42 with the following:

“receives the report, provide the Chairperson and the Minister with a writ-”

After debate, the question was put on the amendment of Iqwinder Gaheer and it was agreed to, by a show of hands: YEAS: 11; NAYS: 0.

Clause 64, as amended, carried on division.

On Clause 65,

Peter Julian moved, — That Bill C-20, in Clause 65, be amended by replacing line 11 on page 43 with the following:

“tion 58(2) or 64(3) are subject to appeal”

After debate, the question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

Clause 65 carried on division.

Clause 66 carried on division.

On new Clause 66.1,

Doug Shipley moved, — That Bill C-20 be amended by adding after line 17 on page 43 the following new clause:

“66.1 If the final report finds that the complaint is unfounded and the RCMP employee or CBSA employee, as the case may be, whose conduct is the subject matter of the complaint was suspended as a result of the complaint, the Commissioner or the President, as the case may be, must ensure that the employee is permitted to return to the duties of their employment and that they are paid compensation in an amount equal to the remuneration that they would have been paid if they had not been suspended.”

After debate, the question was put on the amendment of Doug Shipley and it was negatived on the following recorded division:

YEAS: Peter Julian, Dane Lloyd, Eric Melillo, Glen Motz, Doug Shipley — 5;

NAYS: Chris Bittle, Iqwinder Gaheer, Ken McDonald, Kristina Michaud, Jennifer O'Connell, Peter Schiefke — 6.

On Clause 67,

Peter Julian moved, — That Bill C-20, in Clause 67, be amended

(a) by replacing line 37 on page 43 with the following:

“the member, person, officer or employee, as well as their union representative, of the recom‐”

(b) by adding after line 38 on page 43 the following:

“(1.1) The member, person, officer or employee, as well as their union representative, has a right to grieve the Chairperson's recommendation that a disciplinary process be initiated.”

After debate, the question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

Clause 67 carried on the following recorded division:

YEAS: Chris Bittle, Iqwinder Gaheer, Peter Julian, Dane Lloyd, Ken McDonald, Eric Melillo, Kristina Michaud, Glen Motz, Jennifer O'Connell, Peter Schiefke, Doug Shipley — 11;

NAYS: — 0.

Clause 68 carried on the following recorded division:

YEAS: Chris Bittle, Iqwinder Gaheer, Peter Julian, Ken McDonald, Kristina Michaud, Jennifer O'Connell, Peter Schiefke — 7;

NAYS: Dane Lloyd, Eric Melillo, Glen Motz, Doug Shipley — 4.

Clause 69 carried on the following recorded division:

YEAS: Chris Bittle, Iqwinder Gaheer, Peter Julian, Ken McDonald, Kristina Michaud, Jennifer O'Connell, Peter Schiefke — 7;

NAYS: Dane Lloyd, Eric Melillo, Glen Motz, Doug Shipley — 4.

Clause 70 carried on the following recorded division:

YEAS: Chris Bittle, Iqwinder Gaheer, Peter Julian, Ken McDonald, Kristina Michaud, Jennifer O'Connell, Peter Schiefke — 7;

NAYS: Dane Lloyd, Eric Melillo, Glen Motz, Doug Shipley — 4.

On Clause 71,

Peter Julian moved, — That Bill C-20, in Clause 71, be amended by replacing line 1 on page 45 with the following:

“71 Nothing in this Act is to be construed as”

After debate, the question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

Clause 71 carried on division.

On Clause 72,

Peter Julian moved, — That Bill C-20, in Clause 72, be amended by replacing lines 30 and 31 on page 45 with the following:

“(2) The Minister must provide a copy of the report to the Chairperson and must cause a copy to be tabled in each House of Parliament within the first 15 days on which that House is sitting after the Minister receives the report.”

After debate, the question was put on the amendment and the result of the vote was announced:

YEAS: Peter Julian, Dane Lloyd, Eric Melillo, Kristina Michaud, Glen Motz — 5;

NAYS: Chris Bittle, Iqwinder Gaheer, Ken McDonald, Jennifer O'Connell, Peter Schiefke — 5.

Whereupon, the Chair voted in the negative.

Accordingly, the amendment was negatived.

Clause 72 carried on division.

Clause 73 carried on division.

Clause 74 carried on division.

Clause 75 carried on the following recorded division:

YEAS: Chris Bittle, Iqwinder Gaheer, Peter Julian, Ken McDonald, Kristina Michaud, Jennifer O'Connell, Peter Schiefke — 7;

NAYS: Dane Lloyd, Eric Melillo, Glen Motz, Doug Shipley — 4.

By unanimous consent, Clauses 76 to 86 inclusive carried severally on the following recorded division:

YEAS: Chris Bittle, Iqwinder Gaheer, Peter Julian, Heath MacDonald, Kristina Michaud, Jennifer O'Connell, Peter Schiefke — 7;

NAYS: Dane Lloyd, Eric Melillo, Glen Motz, Doug Shipley — 4.

On Clause 87,

Kristina Michaud moved, — That Bill C-20, in Clause 87, be amended by adding after line 40 on page 52 the following:

“(e.1) respecting the criteria the Commissioner or the Commission must use under paragraph 38(1)(a) or 52(1)(a), respectively, to determine whether a complaint is trivial, frivolous, vexatious or made in bad faith;”

After debate, the question was put on the amendment of Kristina Michaud and it was negatived.

Kristina Michaud moved, — That Bill C-20, in Clause 87, be amended by adding after line 5 on page 53 the following:

“(h.1) respecting the criteria the Commission must use under subsection 52(8) to determine whether it should refuse to deal with a complaint for reasons related to national security;”

After debate, the question was put on the amendment of Kristina Michaud and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

Jennifer O'Connell moved, — That Bill C-20, in Clause 87, be amended by replacing line 24 on page 53 the following:

“ducted jointly under section 80;

(o.1) respecting

(i) sharing of information and cooperation between the Commission and the National Security and Intelligence Review Agency or between the Commission and any other prescribed federal entity,

(ii) referral of complaints by the Commission to the National Security and Intelligence Review Agency or any other prescribed federal entity or referral of complaints by the National Security and Intelligence Review Agency or any other prescribed federal entity to the Commission, and

(iii) proceedings conducted jointly by the Commission and the National Security and Intelligence Review Agency or by the Commission and any other prescribed federal entity; and”

After debate, the question was put on the amendment of Jennifer O'Connell and it was agreed to.

Clause 87, as amended, carried on division.

Clause 88 carried on division.

Clause 89 carried on the following recorded division:

YEAS: Chris Bittle, Iqwinder Gaheer, Peter Julian, Ken McDonald, Kristina Michaud, Jennifer O'Connell, Peter Schiefke — 7;

NAYS: Dane Lloyd, Eric Melillo, Glen Motz, Doug Shipley — 4.

Clause 90 carried on the following recorded division:

YEAS: Chris Bittle, Iqwinder Gaheer, Peter Julian, Heath MacDonald, Kristina Michaud, Jennifer O'Connell, Peter Schiefke — 7;

NAYS: Dane Lloyd, Eric Melillo, Glen Motz, Doug Shipley — 4.

Clause 91 carried on the following recorded division:

YEAS: Chris Bittle, Iqwinder Gaheer, Peter Julian, Heath MacDonald, Kristina Michaud, Jennifer O'Connell, Peter Schiefke — 7;

NAYS: Dane Lloyd, Eric Melillo, Glen Motz — 3.

Clause 92 carried on division.

Clause 93 carried on the following recorded division:

YEAS: Chris Bittle, Iqwinder Gaheer, Peter Julian, Heath MacDonald, Kristina Michaud, Jennifer O'Connell, Peter Schiefke — 7;

NAYS: Dane Lloyd, Eric Melillo, Glen Motz, Doug Shipley — 4.

Clause 94 carried on division.

On Clause 95,

Peter Julian moved, — That Bill C-20, in Clause 95, be amended by replacing line 24 on page 56 with the following:

Review Commission Act apply to reservists.”

After debate, the question was put on the amendment of Peter Julian and it was negatived on the following recorded division:

YEAS: Peter Julian, Kristina Michaud — 2;

NAYS: Chris Bittle, Frank Caputo, Iqwinder Gaheer, Dane Lloyd, Heath MacDonald, Glen Motz, Jennifer O'Connell, Peter Schiefke, Doug Shipley — 9.

Clause 95 was negatived on the following recorded division:

YEAS: — 0;

NAYS: Chris Bittle, Frank Caputo, Iqwinder Gaheer, Peter Julian, Dane Lloyd, Heath MacDonald, Kristina Michaud, Glen Motz, Jennifer O'Connell, Peter Schiefke, Doug Shipley — 11.

Clause 96 carried on division.

The committee proceeded to the consideration of matters related to committee business.

Motion

Glen Motz moved, — That, given that CSIS Director, David Vigneault told our Five-Eyes allies that the dictatorship in Beijing is targeting Canadian universities, saying, “Everything that they're doing in our universities and in new technology, it's going back into a system very organized to create dual-use applications for the military”, the committee invite the Director of CSIS to brief the committee on his efforts to set up a Research Security Centre.

Debate arose thereon.

It was agreed, — That the committee do now adjourn.

At 6:51 p.m., the committee adjourned to the call of the Chair.



Simon Larouche
Clerk of the committee