The House resumed from January 29 consideration of the motion that Bill , be read the second time and referred to a committee.
:
Mr. Speaker, thank you for laying down the law.
This bill changes the name of the Civilian Review and Complaints Commission for the RCMP to the public complaints and review commission. Under this new name, the commission will also be responsible for reviewing public complaints against the Canada Border Services Agency.
The bill follows on a promise made by the Liberals to ensure that all law enforcement agencies in Canada are monitored by an oversight group. We agree that all Canadian law enforcement agencies must have an oversight group. Canadians must be respected and protected from potential abuse of power. We must all make sure that the agency does its job to the letter and in compliance with Canadian legislation.
Our party’s vision of Canadian security has always prioritized maintaining the integrity of our borders and making sure that the CBSA has appropriate resources in terms of staff and equipment. A public complaints review commission will undoubtedly improve general oversight and help the CBSA exercise its duties and powers more effectively.
I have spoken at length with border services officers and listened to the union president. It is obvious that the problem at the border is not due to a lack of training or will on the part of the officers. On the contrary, the problem stems from a blatant lack of resources to support officers in their work.
When Bill was first tabled, the government had not even consulted the union. We raised this point in the debate on Bill C-98, but we got nowhere, since the government was in a rush to move forward. There was not enough time for the bill to be passed by the Senate. Today, the government is coming back to us with Bill .
Even if we support the bill, we need to take the time to consult the union representing the CBSA and the RCMP, which we will probably do in committee. It is a good idea to create an agency to monitor the officers' work and give Canadians some power. We are completely in agreement with that, but the officers also have something to say. That is why I think it is important to listen to the union. There needs to be a balance between the two.
Since 2015, our Liberal friends have constantly said that they consult Canadians on various issues. However, in the case of Bill , there have been no consultations.
I would like to talk about the challenges faced by the Canada Border Services Agency. A lot has been said in recent years. Members will recall the ’s famous tweet from January 2017. At a time when the United States was in turmoil, the Prime Minister tweeted to the world that Canada would welcome everyone with open arms. That created a situation at the border that is still ongoing. Close to 50,000 people who read the Prime Minister’s tweet came to cross the border at Roxham Road in Quebec. Some came through Manitoba, but most came through Roxham Road. These people crossed our border believing that they would be welcomed with open arms.
The RCMP had to mobilize enormous resources. In 2017, officers from across Canada were sent to Roxham Road. The CBSA also had to mobilize resources to receive the people who thought they would simply be welcomed to Canada.
The problem is still going on. The government is trying to make us believe that nothing is going on, but that is not true. Every day, 40 to 50 people cross the border at Roxham Road. The financial and human resources costs are massive. In a report last year, the Office of the Auditor General examined all of the federal agencies involved, including public safety, immigration and other federal services. In three years, we have spent more than $1 billion on federal services alone. That figure does not include costs to the provinces.
Quebec calculated its costs for the first year. Just for costs associated with receiving the asylum seekers, Quebec applied for a reimbursement of $300 million. Ontario followed suit. Quebec was reimbursed before the election campaign because our Liberal friends knew that this was a very sensitive subject for Quebeckers.
We Quebeckers are a hospitable people. We like people, but we also like order. Now we are in a situation where there is no order. No one, myself included, can understand why people are being allowed to enter our country, and specifically Quebec, illegally.
That being said, the Conservatives have often been called racists in debate and in question period. It is very upsetting to be called a racist. The people who come to the border are of different ethnic origins, but that does not make us racist. We are simply asking for effective border control. That starts with a duly completed immigration application. Of course Canada welcomes refugees, as it always has. Even when the Conservatives were in power, we always supported taking in refugees from UN camps around the world.
Let us get back to our officers. We are going to pass a law that will allow the public to file complaints against RCMP and CBSA officers. We should try to see things from our officers' perspective. They are being asked to do things that they may find distasteful. I remember going to Roxham Road three or four times to watch our officers at work. I saw police officers there, RCMP officers, whose job is to enforce law and order.
People arrived with suitcases, knowing full well that they were entering Canada illegally, but they were taking advantage of a loophole in the Canada-U.S. safe third country agreement. The warm-hearted RCMP officers carried the people’s suitcases across the border to help them enter Canada illegally. This created a conflict in the officers’ minds. On the one hand, since they have big hearts, they have no choice but to help children, as is only right. On the other hand, their job is to enforce the law.
I would remind members that the created this situation on Roxham Road, which has been going on for exactly three years now. People do not realize that the government has even built a building there that is equipped with systems and all the necessary technology. When people get out of a taxi at Roxham Road, they can walk down a small road that leads directly to this reception centre, which is the equivalent of a regular border crossing.
That makes no sense, and we are in this mess because the Liberals cannot negotiate with the Americans to change a rule that prevents us from putting an end to the situation. Let's not forget the financial repercussions for Canada, which are huge.
In addition, our officers have to deal with another serious problem, namely drugs and weapons being smuggled across the border. The RCMP and CBSA officers find their work very hard and complex. In addition to their working conditions, which are obviously less than ideal, the rules in effect and the way the boundaries are delineated sometimes prevent the officers from doing their job properly, despite their best efforts.
We share a border with certain indigenous reserves and with the United States, and international rules make our officers’ work far more complicated. This means that a lot of illegal drugs and weapons are entering Canada and contributing to crime.
It is important to understand that criminals, especially Toronto gangs, get their weapons illegally. Huge numbers of weapons cross the U.S. border or arrive by ship in Montreal or Vancouver. We are therefore asking the government to invest major human and financial resources to fight this type of crime.
The influx of drugs like fentanyl is a serious threat to officers' health. At Canada Post, CBSA officers randomly inspect packages entering Canada, and those packages may contain extremely dangerous substances. A tiny dose of fentanyl or any opioid can be fatal. We need to keep in mind that this kind of work can be hugely stressful for individuals, just as it is for members of the military.
This bill will make it possible for members of the public to complain about deliberate or accidental conduct on the part of RCMP or CBSA officers.
Still, we need to understand the position we are putting these officers in and be judicious. That is why we have to listen to what the officers' union has to say.
The examples I gave earlier illustrate situations in which officers have to make decisions. They have to face dangerous situations. Sometimes, if they react reflexively or have to make snap decisions, they may say or do things they should not.
For this reason, I hope that the commission that reviews the complaints will have a balanced approach. I find that the blame too often falls on officials, police officers and the military. When I was in the army, we were often aware of this during operational deployments. I remember very well that, during the war in Bosnia, we often had to follow UN rules and send soldiers into a conflict zone and tell them that, if they made a mistake or did something wrong, we would not be there to defend them. They would be responsible for their actions.
We were representing our country, going to a war zone in a foreign country, but, at the same time, we were being warned to be careful not to get into trouble, otherwise we would be on our own.
This type of situation often causes psychological stress for RCMP officers and border service officials. At some point, these people wonder whether or not they should take action. If, for fear of reprisal, they decide not to take action, this may create a situation that will cause problems elsewhere. In the case of drug control, for example, if the official is afraid to take action, the drugs will end up somewhere else. I do not have any concrete examples to give, but I believe that everyone listening to us can understand what I am trying to say.
I would also like to briefly address our correctional services. I know that correctional services are not covered by Bill . However, I would like to remind the House that, when we discussed Bill during the last Parliament, there was talk about the various resources available to Canada’s penitentiaries.
First, I would like to talk about syringes. Syringes were not part of Bill C-83. However, penitentiaries were asked to give prisoners syringes. The government provides prisoners with syringes, and they inject drugs illegally obtained in prison. It can be difficult to accept and understand how drugs could be illegally obtained in prison and how syringes could be provided so that prisoners can inject these illegally obtained drugs.
Ideally, we should be preventing prisoners from obtaining drugs in prison. There is an easy way to do so, as set out in Bill C-83, and that is to acquire body scanners. Body scanners like the ones in airports, but more sophisticated, can detect 95% or more of anything hidden on a visitor’s body, whether drugs or other contraband. I will not list all the things that can be carried in a human body, but a body scanner can find them. That way, the government could avoid having to provide prisoners with syringes.
At the moment, I can say that there is a great deal of concern within the correctional service. Officers who work in penitentiaries are concerned for their own safety. Despite the fact that there is supposedly a syringe control system in place, needles can, for all sorts of reasons, end up somewhere else, and prisoners can use them to create weapons and do various things.
We expect the government to make this investment and deploy the 47 scanners that are required across Canada as soon as possible.
There are policies for the Border Services Agency. I can say that I am proud of what was done by the former Conservative government. In debates over the past few years, we were blamed for cutting $300 million from the Border Services Agency budget. That is absolutely false. There have been budget cuts in administration, but line officers have never been affected by the cuts. We have evidence, reports from the Library of Parliament complete with exact figures.
I am also proud of the measures taken by our government at the time. Officers were asked to be alone at guard posts at night. Officers were completely alone, left to their own devices. It was excessively dangerous, so we saw to it that there would now be at least two people on duty. We also armed our border officers. They had no weapons previously. How is it possible to intercept someone or take action in dangerous situations without a weapon? That is why we took steps to ensure that Canada is better protected.
Beyond Bill , which will give the public access to a complaints mechanism, our hope is to continue to work to improve border control and enhance Canada's overall security.
:
Mr. Speaker, I would like to inform you that I will be splitting my time with the hon. member for .
As it is my first time rising in the 43rd Parliament, I would like to extend my heartfelt thanks to the constituents of Richmond Hill, who bestowed on me the honour of representing them in the House. I thank my campaign manager, my riding association executive and the over 100 volunteers and friends who worked so hard to help me get re-elected.
I would especially like to acknowledge and thank my wife Homeira; my daughter Nickta and my son Meilaud, who have supported me in my political life over the past five years.
I am pleased to have this opportunity to rise at second reading of Bill . The bill proposes to create an independent review and complaint mechanism for the Canada Border Services Agency, the CBSA. I would like to highlight five significant components of the bill.
First, it would provide for civilian oversight.
Second, it would strengthen the accountability and transparency of the CBSA.
Third, it would ensure consistent, fair and equal treatment to all when receiving services.
Fourth, it would complement and align with other measures being taken by our government to create independent review functions for national security agencies.
Fifth, it would close a significant gap with the other Five Eyes international border agencies.
Such mechanisms help to promote public confidence by strengthening accountability. They ensure that complaints regarding employee conduct and service are dealt with transparently. CSIS, the RCMP and the Correctional Service of Canada are already subject to that kind of accountability.
Among the organizations that make up Canada's public safety portfolio, only the CBSA does not currently have a review body to handle public complaints. Bill would fill that glaring gap and build on recent accountability and transparency reforms introduced by the Government of Canada.
One of those reforms is the newly created National Security and Intelligence Committee of Parliamentarians. This new body addresses a long-standing need for parliamentarians to review the government's national security and intelligence activities and operations, including those involving the CBSA. Its members have unprecedented access to classified information.
As the has said, it “will help us ensure that our national security agencies continue to keep Canadians safe in a way that also safeguards our values, rights, and freedoms.”
The government has also brought into force a new expert review body, thanks to the passage of Bill , called the National Security and Intelligence Review Agency.
This new agency will greatly enhance how Canada's national security agencies are held to account. It will establish a single, independent agency authorized to conduct reviews on national security and intelligence activities carried out by departments and agencies across the Government of Canada, including the CBSA.
The legislation before us today would go one step further by establishing an independent review and complaints function for the CBSA's other activities. Those activities play a critical role in our country's security and economic prosperity. They facilitate the efficient flow of people and goods across our border to support our economy, while protecting the health and safety of Canadians.
In keeping with its sweeping mandate, the scale of the CBSA's operations and the number of people and goods it deals with are enormous. CBSA employees deliver a wide range of services at more than 1,000 locations, including 117 land border crossings, 13 international airports and 39 international offices.
The agency's employees are diligent and hard-working. In 2018-19, they interacted with more than 96 million travellers and processed more than 19 million commercial shipments and 54 million courier shipments.
The vast majority of the CBSA's interactions and transactions go off without a hitch. However, when dealing with more than a quarter of a million people each day, and nearly 100 million each year, the occasional complaint is inevitable. Each year the CBSA recourse directorate receives approximately 2,500 complaints concerning employee conduct and services.
Last summer, as I was knocking on doors in my riding of Richmond Hill, I talked to many residents, Canadian citizens and permanent residents alike, who regularly crossed the borders to and from the U.S. They shared their challenges with wait times, extensive and intrusive repeated questioning and the feeling of inferiority that it left them with. Repeatedly, they raised their concern about their inability to get answers about the way they were treated and their frustration with the lack of an independent body to raise their concerns.
However, as I noted earlier, there is currently no independent review body that people can turn to when they are unsatisfied with the level of service or the conduct of an officer at the border. That accountability gap has generated considerable public interest and been regularly raised by parliamentarians.
On that note, I would like to recognize and thank the now-retired Wilfred Moore for his advocacy on this issue with the introduction of Bill in the other place.
There have also been numerous calls by stakeholders and NGOs to improve CBSA accountability and transparency. The Canadian Civil Liberties Association said that it considered “such a gap as being incompatible with democratic values and with a need for public trust in such an important agency.”
According to the late Professor Ron Atkey of York University, the lack of CBSA oversight presented “a problem in the makeup of the current security intelligence review mechanism”. He added that the creation of the committee of parliamentarians should not be considered as a substitute for independent expert review bodies, which he suggested should be extended to cover CBSA.
That is exactly what Bill would do. It proposes to establish an independent review mechanism for the CBSA by expanding and strengthening the existing Civilian Review and Complaints Commission, or CRCC. The CRCC is currently the review agency for the RCMP.
To reflect its proposed new responsibilities under Bill , it will be renamed the public complaints and review commission, or PCRC. The proposed new PCRC will be responsible for handling reviews and complaints for both the CBSA and the RCMP. The PCRC will be accessible to anyone who interacts with CBSA employees and has complaints about the conduct of CBSA officers and the quality of services.
The PCRC will also have the ability to conduct reviews of the CBSA on its own initiative or at the request of the . Those reviews could focus on any activity conducted by the CBSA, with the exception of national security matters.
With the passage of Bill , the National Security and Intelligence Review Agency will be responsible for complaints and reviews relating to national security, including those involving the RCMP and CBSA. The PCRC will work in a complementary manner with the proposed new National Security and Intelligence Review Agency. Provisions in Bill will facilitate information sharing and co-operation between the two bodies. If the PCRC were to receive those types of complaints, it would refer the complainants to the appropriate body.
By providing an independent arms-length mechanism for people to be heard, Bill would make them more comfortable to come forward with a complaint. That, in turn, would help ensure that Canadians would remain confident in the system of accountability for the agencies that work so hard to keep them safe.
That is why I urge hon. members of the House to join me in supporting this important legislation at second reading.
:
Mr. Speaker, before I begin my remarks, I would like to say it is wonderful to see you in that chair again. I am looking forward to following the great work that you have been doing in this Parliament and many others in the past.
I welcome the opportunity to add my voice to the debate of Bill at second reading. This bill would establish a public complaints and review commission by making amendments to the CBSA Act and the RCMP Act.
This is a tool for people to be heard. It would build on the existing Civilian Review and Complaints Commission, which is the independent review and complaints body for the RCMP. This new commission would then consider public complaints about both CBSA and RCMP employee conduct on service issues, except those related to national security. The review of national security activities is conducted by the National Security and Intelligence Review Agency.
For nearly 16 years, the CBSA has been an integral part of how we protect Canadians and maintain a peaceful and safe society. The over 14,000 women and men of the CBSA provide trusted, fair and equal treatment to the public they serve every day.
Most, if not all, of us here in the House interact with CBSA employees multiple times a year, if not every week. That might occur at one of the 117 land border crossings CBSA manages, at one of the 13 international airports at which it operates, at one of Canada's numerous marinas or major ports, or at one of 27 rail sites across the country.
In fiscal year 2018-19 alone, CBSA employees interacted with over 96 million travellers, conducted over four million traveller examinations, processed over 21 million commercial shipments and 46 million courier shipments. Their jobs include interdicting illegal goods, protecting food safety, enforcing trade remedies and removing or detaining those who may pose a threat or are otherwise inadmissible. I know I speak on behalf of all of us in the House when I commend their professionalism and dedication.
If I ever had a complaint to lodge against any government agency, I would like to be assured that the complaint was investigated and assessed independently. That is what citizens of our peer countries have come to expect, and it is what Canadians should expect as well.
Bill would fill a gap in our security review landscape. The CBSA is the only organization in the public safety portfolio without its own review body. The review mechanism we are proposing has long been sought after.
Allow me to take a look at the support for creating such a body. The Canadian Human Rights Commission has said, “we have joined the call for independent monitoring and oversight of the Canada Border Services Agency in relation to migrants and other foreign nationals in detention.” That is on top of similar calls to action from civil liberties associations and refugee lawyers, to name just a few. That is on top of numerous calls to enhance CBSA accountability and transparency.
In December 2015, the Hon. Senator Moore introduced Bill in the other place, proposing the creation of an inspector general to consider such complaints. In that same year, the report by the Standing Senate Committee on National Security and Defence, entitled “Vigilance, Accountability and Security at Canada's Borders”, made a similar recommendation. The committee recommended that the “Government of Canada establish an independent, civilian review and complaints body for all Canada Border Services Agency activities.”
We took that one step further. With respect to national security activities, we have brought into force a separate National Security and Intelligence Review Agency. That agency has the authority to review national security and intelligence-related functions across government, including the CBSA. To be clear, Bill would allow for independent review of non-national security activities only.
The new public complaints and review commission would not only be required to investigate complaints it receives, but would also be able to conduct its own investigations, self-initiate complaints and produce an annual public report on its findings. These are all welcome and long-sought-after changes.
Indeed, it is difficult to imagine any major contentions with this bill. It fills the critical gap in providing an independent review for complaints relating to CBSA employee conduct and service. It ensures all immigration detainees have access to an independent complaints mechanism. It provides ongoing capacity for conducting reviews that can lead to organizational enhancements. It clarifies the framework governing CBSA's response to serious incidents. It enhances accountability and transparency, and promotes public confidence. It brings us in line with our Five Eyes allies in other developed countries and their processes.
Our government is committed to creating robust accountability and transparency mechanisms that ensure the public is confident in our public safety institutions. That is important for Canadians, including for the trade and travel communities within Canada. It is also important for the CBSA. The proposed new public complaints and review commission would be accessible to all individuals who interact with CBSA employees. This would impact thousands of people daily and tens of millions annually.
Bill is thorough, comprehensive legislation that neatly responds to the calls to action of many over the years. I encourage all members to join me in supporting this bill and moving it through Parliament in this sitting session.
:
Mr. Speaker, I will be splitting my time today with the member for .
We are considering Bill , which would reorganize the RCMP's Civilian Review and Complaints Commission while extending independent oversight to the Canada Border Services Agency and the RCMP.
This past Monday was the RCMP's 100th anniversary, and part of the celebration includes a campaign to designate February 1 nationwide as RCMP appreciation day. I want to take this opportunity to acknowledge and thank RCMP officers for the tireless and important work they do. I also want to thank our Canadian border agents for everything they are doing to protect our country. There are four official crossings in my riding: Rockglen, Monchy, Climax and Willow Creek.
Conservatives believe in checks and balances, parliamentary ethics and the rule of law. To better promote these values, we support increased transparency, accessibility and accountability for government agencies. It is the right thing to do and it shows proper respect to citizens and taxpayers.
As a Conservative, I support the fundamental idea behind this bill, and I hope that expanded oversight will start to make a real difference. It is in line with our party's principles and vision for our country's future. It is one thing to have good ideas and intentions; we must also do our due diligence and make sure that this will be implemented and applied properly.
After the House votes on this, we will be waiting as the opposition to see how this new public complaints and review commission will work out in practice and whether it results in real improvements.
Responsibility means more than receiving people's complaints. We cannot be responsible without offering a response. We need to make sure that there is an effective response made in a reasonable amount of time whenever someone raises concerns related to law enforcement, such as with the RCMP or CBSA.
The main change proposed by this bill involves recreating and transitioning a government agency, and that is what raises the very practical point of timeliness and effectiveness as part of its operations. The RCMP has already had independent oversight since 1988, and it was established as the current Civilian Review and Complaints Commission for the RCMP, or the CRCC, back in 2013.
I have spent some time reading further into the CRCC's more recent work. I could not help but notice that there appears to be a pattern with its investigations since 2007, at least for those posted on the CRCC's website. It takes anywhere from three to seven years to get a final report on the findings of an investigation and the recommendations following from it. It is good to know that it is conducting a thorough review of the complaint, but the fact remains that it is taking a long time in the process.
Presumably, if the RCMP decides to implement any changes into its organization or policies, this will not be an overnight process either. It could take a long time to draft new policy or prepare for any changes addressing the areas that have been reviewed and criticized by the commission. All of this means that from start to finish we might realistically expect the process will go on for years and years, possibly even up to a decade in some cases. These kinds of timelines would likely dissuade too many people from even bothering to file a complaint at all. If people do not have the confidence to report an issue, it will defeat the original purpose of having a review process.
That is exactly what we want to avoid. We want Canadians to call attention to the real problems they are experiencing so there can be an investigation and fair treatment for anyone who is involved. Most importantly, we want to make sure problems get corrected as quickly as possible to prevent similar incidents from occurring.
For the final reports that were available for me to look through, the number of findings ranged anywhere from five to over 55 per incident and the recommendations ranged anywhere from one to 31. Further, I could not help but notice that there is one additional point that is missing after looking at these reports, and that is which and how many of the recommendations have been accepted and specifically implemented into RCMP policy moving forward.
I would like to see a review and report on the results of these final recommendations. It would be a valuable piece of information for the general public to be aware of whenever we are talking about all the different cases being studied. Again, I believe that a civilian oversight is the right approach. This all has to do with providing transparency and maintaining trust in the RCMP and CBSA, whom we entrusted with the public safety of our rural areas in Canada and our border crossings.
Respecting and maintaining public trust is extremely important. That is why it only makes sense to have a similar commission in place for the CBSA. If we are going to be broadening this oversight to the CBSA, then this would be the right time to also ensure that there are accurate reporting mechanisms on whether changes are implemented or not. The CBSA is another organization that the public has a great deal of respect for, based on the scope of the important job we have entrusted to it.
CBSA workers are routinely put in the uncomfortable spot of searching vehicles, belongings and persons, whether it be at an airport or a port of entry along the Canada-U.S.A. border. In the course of carrying out these searches and interviews as part of their duties, I would think that having oversight and review in place would help everyone involved feel more secure in these situations.
There is something else I noticed about the CRCC's current review process. At every stage of the review process, when initiated by the chairman, it goes to the . At face value, it makes sense for the agency to work with the appropriate minister. The fact that there are provisions for this to happen in this bill, as well as before, is not an issue by itself. It goes back to an old question in politics: Who will watch the watchmen?
This is not an empty political cheap shot either. Our real problem is that we still have a and a government that have shown disregard for how our processes are supposed to work. We repeatedly saw their interference in the SNC-Lavalin affair, hiding behind cabinet confidentiality and insisting on limitations for witness testimony and the RCMP's investigation. Will they be able to resist the temptation to interfere in other areas? These are the kinds of real questions that people have across Canada.
In this past campaign I heard repeatedly that Liberal interference in the justice system was a big concern and, at the time, Liberals rallied with their leadership instead of with their former colleagues who were speaking out with integrity. Canadians have seen examples of the Liberals over the last year showing that they cannot trust them with staying out of business that is not theirs to dabble in.
I need to make it absolutely clear by saying again that we have the greatest respect and admiration for active members in both the RCMP and the CBSA. We are proud of their service, and this bill should be one of the ways in which we work with them to best serve the public good. Members in both of these organizations need to be included in our close consideration of this bill. For that reason, my colleagues and I are concerned on this side of the House about the reported lack of consultation with representatives for police officers and border agents. This concern was expressed during the rushed debate on this same bill at the end of the last Parliament, and it was raised again by the member for , who previously had a long career with the RCMP himself.
Supporting the idea of oversight in this bill does not mean we will not call for proper consultation and otherwise carefully consider it during committee. There are some unanswered questions about how the new commission will operate and we need to make sure that the bill is strong and well balanced for succeeding with its intended goal.
Since we are taking the time to discuss the RCMP as it relates to this legislation, I need to say something about its work in my riding and across Canada. Back home, I have attended five town halls around my riding regarding the RCMP's operations. There are huge concerns related to the number of officers in different places and the response times to emergency calls. This has left too many people feeling unsafe in their own homes. We are dealing with many terrible cases of violent crime. We are seeing an increase in the illicit drug trade with fentanyl and methamphetamine becoming a big problem.
The people in rural communities committing crimes are no longer just the local bad boys. They are large, coordinated crime groups and gangs coming out from the cities and from other provinces to commit organized and targeted crime. In a specific example recently in my riding, an off-duty RCMP officer saw three vehicles speeding in excess of 150 kilometres an hour. These three vehicles were headed to British Columbia with two young girls, who were being taken to be victimized by human traffickers. Thankfully, this story has a happy ending with the suspects being apprehended and the girls returned home safely.
This is the larger problem we have to deal with whenever we are considering public safety and how we can best support our law enforcement. I am looking for a solution that will significantly reduce rural crime and I am not sure that this bill really has much to say for that type of issue. Even though rural Canadians on the ground, provinces and some of my colleagues have been repeatedly raising this issue for a while, we have not seen or heard much about it from the government. We are still waiting for a response.
That being said, I look forward to further studying Bill . We can only hope the government will respect and learn from this bill's spirit and principles of accountability.
:
Mr. Speaker, I want to thank members of the Conservative Party for organizing their speeches to allow me to have a portion of their time.
I am very pleased to see this bill come forward. We worked on it in the 42nd Parliament as Bill when it had a different name, but there are some concerns.
I would like to split up my time to talk about what the Canada Border Services Agency is, what it does, what the problems are and whether this bill would fix them. I will try to move quite smartly through that description.
We have in Canada national security agencies, such as the RCMP, the Canadian Security Intelligence Service, the Communications Security Establishment, which is a bit of a different animal, and the Canada Border Services Agency. They essentially are a collection of national security intelligence agencies that work with each other. As of now, the Canada Border Services Agency is the only one that operates without either oversight or a complaints process, yet it does have extraordinary powers.
The Canada Border Services Agency's powers at the border are superior to those of the police. They have powers to arrest, detain and remove people from Canada. This is a profound power, the ability to have someone deported. I want to underscore this for members because we need to get a review of our immigration and refugee law on another occasion. This bill does not have the scope for it. The previous government under Mr. Harper changed the deportation rule from deporting people as soon as is practicable to as soon as it is possible. That has resulted in a lot of people being thrown out of Canada more quickly than I think most Canadians would find fair, and certainly with disastrous consequences on a humanitarian ground.
The CBSA authorities can prevent people from entering Canada. They can conduct interviews with refugee claimants when they have lost their first opportunity to explain why they wish asylum. They can detain refugee claimants on any number of grounds. They can issue removal orders and send a person out of Canada without an admissibility hearing. In other words, they have enormous powers. By the way, a review of the agency, which I found extremely informative, was issued in 2017 by the British Columbia Civil Liberties Association.
The question is whether, with all of these powers, everything is going very well. It is not perfect by any means. There are literally, as we have heard from other speakers, hundreds of complaints every year, but many of them are of a rather routine nature. They are unpleasant but they are accusations of racism and unpleasant comments.
I know that we want to thank the vast majority of members of the Canada Border Services Agency at the borders. We need them to be focused on stopping the flow of illegal drugs. We need them to stop the flow of illegal handguns. I think it would be well worthwhile as a public policy matter to stop having it be a priority to find people whose citizenship is irregular and deport them in a hurry. A lot of families are ripped apart by this and it would be much wiser to focus on those things that we know we want to stop at the border, such as drugs and guns, not necessarily people.
This brings me to one of the most tragic of many tragic stories. This one led to an inquiry. Unfortunately, it was in the form of an inquest because the woman in question died.
Her name was Lucia Vega Jimenez. She was stopped at a transit stop in Vancouver and transit police thought there was something unusual about her. It has been alleged it was her accent. It turned out that her citizenship papers were irregular. They turned her over to the Canada Border Services Agency and she was incorrectly advised. The inquest proved that she had been incorrectly advised that she had no hope of avoiding deportation and that there were no appeals. That was not correct. She hanged herself in her cell. The inquest then was able to find that there was a lot of discussion within the agency of how to cover this up, what to do if people found out. It is long overdue to have this kind of a complaints commission.
We now have another change that is worth looking at because we are in a new era of national security law. We have the National Security and Intelligence Review Agency. It has the ability to have oversight over what all the agencies do, but it does not take complaints in the same way that this complaints commission would take complaints.
The public complaints and review commission, which is renamed from the public complaints commission that only looked at the RCMP, would now take on the Canada Border Services Agency. I will be voting for this bill at second reading. I do want to see this bill get to committee.
However, the concern I have is that there are a number of excluded areas that the complaints commission cannot look into. We need to look at those and recognize that while the larger agency, the National Security and Intelligence Review Agency, can give a summary and an overview of how the CBSA has been performing in these areas, people cannot make complaints in the same way.
Complaints cannot be made about the agencies in Bill that we are debating today. They cannot be made about decisions made by CBSA employees under statutory authorities. This of course includes one of the key areas where abusive behaviour has been reported and is of greatest concern, where people are detained and can die or could be deported and die in a country they should never have been sent back to: the statutory authorities under the Immigration and Refugee Protection Act and under the Customs Act.
It cannot receive complaints about matters that could be more appropriately dealt with by other bodies, such as the Canadian Human Rights Commission, the Commissioner of Official Languages, and the Privacy Commissioner.
This one is really disturbing. It cannot receive complaints on the conduct of part-time employees at detention facilities where CBSA detainees are being housed. That is particularly concerning, because it goes on to actually say that the CBSA would not even be required to investigate complaints that relate to part-time employees.
We need to look at the whole scheme of things where things can go wrong and make sure that in this legislation we fix it as much as possible.
The other matter that is added to Bill which was not there in the previous Bill is that national security matters cannot be the source of a complaint.
There is good reason for that in policy because, after all, the National Security and Intelligence Review Agency can look at the overview of what CBSA has been doing on national security matters. That is quite a different matter from saying someone cannot complain. The complaints are direct. They are personal. They deal with an actual incident. The review agency is going to look at the whole of the conduct as best as it can as an oversight agency.
I would be very interested to know if we cannot look at the CBSA in this bill and consider whether amendments would not be wise to say that any of the activities of the CBSA and its agents can come before the complaints commission. The complaints commission, if it knows of a better place, could make sure that takes place, as opposed to sending someone away, someone who has been traumatized by an episode at the border and sent away.
People may not know. Even if they are told to take the complaint somewhere, they may just stop. They may not want to go through a revolving door. The complaints commission could have a positive obligation not just to inform a person where to go but to actually take it on, organize the hearing and make sure it is started, make sure complaints are not ignored.
On the matter of national security complaints, I am very concerned about this. One of the places where the CBSA was first studied was in the context of the Arar commission of inquiry. Mr. Justice O'Connor, who was the commissioner in the Arar inquiry, commented:
The CBSA often operates in a manner similar to that of a police force. There is a significant potential for the CBSA’s activities to affect individual rights, dignity and well-being, and much of the national security activity undertaken is not disclosed to the public.
I am concerned that we not inadvertently miss an important piece of oversight, an important piece of justice to anyone who happens to be, and I certainly do not think it happens routinely, traumatized.
In my own experience, I had no idea there was a detention facility under the Vancouver airport where people are deported quite quickly, until the family of an indigenous man from Penelakut Island, not in my riding but nearby, reached out to me for help. It was in 2014. The issue was that CBSA agents had shown up at the door of his home. He is a grandfather, an indigenous man, living on Penelakut Island, whose wife was a residential school survivor. Without warning, they arrested him. They had sent him notices that he had missed. They put him in leg irons. They drove him in a van on that December night all the way to the Vancouver airport, where he was told it was hopeless and that he would be deported the next day back to the United States where he had been born. They did not say there was something called the Jay Treaty regarding indigenous rights. They just said that was it.
Fortunately, we were able to stop the deportation but it was not easy. It did give me an insight into what goes on.
I want to make sure this legislation will work. It needs amendments.
:
Mr. Speaker, I will be splitting my time with the hon. member for . Congratulations on the 150th anniversary of Manitoba that he spoke about earlier. I was born in Manitoba. “Go, Manitoba.”
A dear friend of mine in Guelph passed away today. I found out this afternoon that Ken Hammill passed away. He was a mentor and wanted the citizens of Guelph and across Canada to be engaged. He was a city councillor for 29 years. He was a friend of Guelph, and we will very dearly miss him. All my best to Eileen and his kids and grandkids. I will be missing time with him at Rotary and in coffee shops talking about the kinds of things we are talking about today.
We are talking about Bill , an act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other acts. We are talking about introducing legislation that has come to the House before. It was here in the last Parliament. It came to us originally through the Senate. It is needed legislation. Right now we are the only country within the Five Eyes that does not have public oversight over border services, which is something we need to correct.
Also, this is the last agency with the power of detention in law enforcement to have independent oversight, as has been mentioned in other speeches in the House today.
The volume of interactions has been increasing and will continue to increase as we have trade agreements with the EU and the United States, hopefully coming through very soon with CPTPP. There will be a lot more interactions going on at the border. Review agencies like this would help us with those interactions, as well as to see whether we are keeping up with policy and whether we are giving tools to the people at the border, who do the wonderful job they do, to keep us safe and to keep products and people coming and going to and from the country in a safe way.
The independent oversight provides an avenue for a non-governmental agency, an agency that is not connected with politics and is really independent, to look, as a citizen of the country, at whether the country is being served by the institution, to review complaints, and to provide citizen engagement and oversight.
It is very important that this legislation gets through the House this time. It is good to see that it is coming into the House early in our mandate and hopefully will get all the way through second reading, the committee work, to third reading and the Senate to get back to us in time to receive royal assent.
The case for independent oversight has been mentioned by several members today. We are talking about civil liberties. We are talking about how important it is, when we give authority over civil liberties, that it is then scrutinized by independent agencies as well as by the agencies themselves. They must have the means and professionalism to make sure that jobs are being conducted with respect for civil liberties within the policies they are given from Parliament, as well as through the Supreme Court.
It is important that the decisions are transparent and accountable, as was mentioned across the way, and timely. Maybe the committee could focus on making sure that we are being responsive. Decisions on forced detention and law enforcement have to be made a priority, because we are talking about the civil liberties of people who live in Canada. This is so important to our freedom and citizenship, but also to keeping our country safe.
With 96 million travellers coming into Canada, it is important that processes are applied consistently, fairly and without prejudice. We know that the professionalism of the staff is there. In fact, there is now a television show that shows some of the situations that people working for CBSA get into. People try to mislead them to get into the country under different pretenses. The professionalism that is shown on TV is, I am sure, the type of professionalism that we see every day. However, there will still be complaints, and we need a way to deal with those.
Guelph is not a border town. Places like Windsor and Niagara are clearly border towns, but Guelph is within easy access of a lot of Canada's borders. With the volume that goes through Sarnia, Windsor, Niagara, the ports of Fort Erie, the airports of London, Windsor, Hamilton and Waterloo, Guelph has a lot of connections that need CBSA's services.
When I travel on the shuttle back and forth to the airport, I meet a lot of people coming to the University of Guelph. These students come from different countries. There are researchers and professors. People visit Guelph for business. Twenty-five per cent of Guelph's employment is involved in manufacturing, and a lot of people and products go across borders several times. As we build the car of the future, as an example, we need to have free and open access the border, but we need to ensure we do it in the proper way.
Guelph receives 800 immigrants a year who settle there. Immigrants come with family members who want to see them in their new home. A lot of people want to reunite with families, and CBSA agents play a very human role. They are the first faces that many people see when they come to Canada.
The CBSA really does a lot of wonderful things to keep our communities safe, protect shipments and ensure our products move properly. Guelph is very appreciative of the work of the CBSA.
Guelph is part of the Great Lakes region. If it were a separate country, it would be the third-largest GDP in the world, with $6 trillion U.S., home to 107 million people, supporting 50 million jobs, and growing. We need to look at the importance of our border within the region to ensure it is successful in all ways, through safety, environmental success and economic success. How does this happen? How do we implement legislation? What changes are we talking about?
It is interesting that this legislation started in the other place through the great work of former Senator Wilfred Moore. It passed third reading in the previous Parliament. However, sometimes we do not get all the way across the finish line. We simply run out of time. Therefore, it is good to see the bill in the House early in the schedule.
When enacted, the RCMP oversight body will be expanded to include CBSA activities, as well as RCMP activities, under a separate group of people, renaming the existing Civilian Review and Complaints Commission to the public review and complaints commission. People will be tasked to look at CBSA and will share some administrative duties, but groups of experts will help with any complaints coming into the CBSA.
With all of this activity going on, 2,500 complaints came through the CBSA last year. What do we need to do to improve policy? Are we giving people the right tools to do the job? How do we have public oversight, which is really what we are talking about today?
The PCRC needs to have flexibility to organize its internal structure and give staff members, and there were some questions in the House today about what they need to do their jobs and how to organize things together.
Currently, complaints from the public regarding the level service are handled through an internal process, which will still exist, but there will also be this external process. Hopefully this will build public trust and show that we are being transparent and trying to meet the needs of Canadians. It comes down to citizen engagement.
The independent review requires citizens to step forward to help us ensure we do the right job on their behalf. It also asks citizens to tell us when we need to improve. In business, we talk about customer relationship management. Really, citizenship is active engagement to ensure that as customers of government services, they get the services they need.
It is important that we separate political influence from the implementation of policy. This external review will help us to do that. We will work on better solutions together through this independent review agency.
I look forward to the bill passing in the House in an appropriate amount of time so it can be enacted in this Parliament.
:
Mr. Speaker, I must first compliment the member for . I respect it immensely when members come across as being very strong nationalists, thinking in terms of the nation first and foremost while having a love for the province they represent and not forgetting about our other provinces.
I appreciated his comments in regard to Manitoba's 150th anniversary of joining Confederation in 1870, much like my other colleagues who are enthusiastically getting behind members of Parliament from Manitoba. We recognize the importance of that event, as I said in a statement earlier today. We should be very proud of all the different regions of this great country.
To get to Bill , I will try to emphasize the numbers. We are talking about oversight for our border control officers, and I want to emphasize how important those civil servants are to our communities. We often talk about the complaints, and there are complaints, as I will say right away. However, the vast majority of the work conducted by these civil servants is overwhelmingly positive. They do fantastic service to our country with the fine work that they do. I want to extend my compliments to them, and I know members of this House would echo those comments in regard to the outstanding work that they do day in and day out, seven days a week and 24 hours a day.
Let us think in terms of the number of transactions that take place, or of face-to-face encounters. This is what really took me aback when I was doing a bit of research on the issue. Think of 2018-2019 alone; CBSA employees interacted with over 96 million travellers, conducted four million traveller examinations and processed over 19 million commercial shipments and 54 million courier shipments.
Those are incredible numbers. Earlier today, we voted on the free trade agreement between Canada, the United States and Mexico. In speaking to that legislation, we heard that in trade alone, we see $2 billion a day across that land border. I expect some of that is flown in and possibly even arrives by ship, but I repeat that it is over $2 billion a day in trade.
We have huge expectations for our border control officers. We expect them to be consistent and fair and to provide equal treatment. I suspect that it can be a challenge at times to provide that service, yet over 99% of the time, that is the type of service that they are providing. We need to feel comfortable about that organization, and confident in it.
The legislation before us was introduced by the , and I compliment him and his department for the fine work they have done in ensuring that there was consultation over the last number of years. It is only because we had such a busy legislative agenda dealing with public safety in the previous run between 2015 and 2019 that this legislation unfortunately did not make it completely across the finish line. We are reintroducing it now, and it is a priority for this government. The Minister of Public Safety has done a fantastic job in pulling it together and making sure that we could deal with it early in the current parliamentary session.
I have listened to a few members across the way who have already spoken on it. It is encouraging to hear that all members, or at least all parties of this House, have recognized the value of ultimately seeing this bill passed.
I understand that some members would like to review it at the committee stage, and I anticipate we will see some amendments. If our record has demonstrated anything over the last number of years, it is that our government, even in a majority situation, is very sympathetic to good amendments. In a minority situation, members can anticipate that we will continue to support good ideas that make legislation better for Canadians. I look forward to seeing the bill go to committee, given the type of support we have already seen at second reading.
Oversight is important. If we were to say there is public oversight for the RCMP, CSIS and our correctional services officers, most people would assume that we already have it for our border control agents. However, that is not the case. In essence, this legislation is meant to provide oversight for our Canada border control officers. As opposed to our creating something independent, this oversight body would also be able to deal with RCMP complaints. It has a name. It will be addressed as the public complaints and review commission, and it will deal with both RCMP and CBSA concerns or complaints that come forward.
As I referenced in one of my questions, by having oversight we are ensuring there is a higher level of accountability and transparency. In doing so, we are building public confidence in the system, and if not directly, then indirectly.
If we were to talk with stakeholders or individual Canadians, we would likely hear stories. We have already heard some of those stories in this debate. When we were debating Bill , stories were brought forward as well, one about a border officer who had an issue and dealt with it in an inappropriate fashion.
We know that unfortunately things of that nature will occur. Members of the public need to feel that there is a sense of justice so that when they do occur, there is a place they can go to lodge a complaint. That is really what Bill would do. I see that as a win in many different ways. I suspect that if we were to talk to the civil servants who work for CBSA, they too would recognize the true value of oversight.
Our borders need to be safe. They need to be secure and open and provide for the efficient flow of travel and trade. As I referenced in my question for the member for , we have border officers not only along the Canada-U.S. border but also at the international airport in Winnipeg, and it is not alone. I believe we have 12, 13 or possibly 14 international airports in Canada. These points of entry and departure must have border officers in order to allow for the efficient flow of travellers and trade.
I am glad to see that we will finally have an oversight committee to build upon that confidence. I suspect and hope that members will see the benefits of moving the bill to committee, where we can give it a final review to see if there are ways to improve it.
:
Madam Speaker, in theory, my speech should last about 20 minutes, but it might be a little shorter. I want to give some notice to the speaker coming after me. If he or she is listening and is not already in the House, he or she can come a little earlier.
Today we are debating the role of the Canada Border Services Agency. It might be a good idea to remind everyone that the Canada Border Services Agency is a massive organization. It is responsible for enforcing no fewer than 90 laws and regulations, which is a lot. This is a very important organization.
One of the main laws that the Canada Border Services Agency is responsible for enforcing is the Immigration and Refugee Protection Act, or IRPA. Immigration experts and lawyers often say that if Immigration, Refugees and Citizenship Canada, or IRCC, is the judicial branch that handles immigration, the CBSA is its enforcer. This metaphor comes up often in the immigration world.
IRCC follows the judicial process. If a claim is filed, it is made in writing. The claimant is then heard by a panel, which must render a written decision. There are several ways to challenge the decision, either by review or appeal.
There is a transparent, substantive and reasoned process for challenging decisions that fall within the legal branch. However, at the enforcement level, there is no system in place to challenge what is being done, such as how CBSA officers may deal with individuals who, for example, are subject to deportation orders or with immigrants detained in detention centres for identification purposes.
There may be gaps in several places, but there is no way to find out what those gaps are, other than through an access to information request. There is no open complaint system, there is no open process, and there are certainly no guidelines for handling these complaints.
That is exactly what Bill is trying to correct. We need to ensure that there is a transparent system in place to monitor and track complaints, and perhaps even facilitate filing them.
The subject has attracted media attention in recent years. CBC filed access to information requests to get a better idea of what was going on and what kind of complaints were being received internally. It is possible to file complaints, but they have to be submitted to the CBSA and are handled by the agency, not by an external third party.
CBC filed an access to information request and got some information. From January 2016 through half of 2018, the CBSA received no fewer than 1,200 complaints about its employees. In some cases, the complaints were about harassment and grave misconduct. CBC noted that the number of complaints ruled credible was not made public and there was no information about measures taken to address complaints found to be credible. There is no accountability. Nobody follows up on the complaints. There is no system to remedy complaints deemed admissible.
The subject of the complaints was interesting too. It was not until the media got involved that we found out what was going on. Of the 1,200 complaints received, 59 were about allegations of harassment, five were about allegations of sexual assault, and 38 were about statements alleging criminal association.
In connection with the lack of a complaint handling system that was uncovered by the CBC, we are seeing another problem, namely that people who are in Canada temporarily have less access to this complaints system. We are talking about temporary residents and visitors who may also have to deal with CBSA officers. Some examples were reported by the CBC. A woman who was supposed to be deported to Guatemala claimed that CBSA officers seriously injured her by pushing her to the ground and kneeling on her back. She said, “They pulled [my arm] backwards and kept kicking my back with their knees.”
In that specific case, there is nothing in writing on that woman's file to indicate whether there had really been any excessive use of force. There was no follow-up to the complaint because there is no complaint tracking mechanism. However, Nazila Bettache, a Montreal doctor who later saw the woman, said that she had suffered a traumatic injury that damaged the nerves in her cervical spine. Nevertheless, as there is no complaint tracking system, no one could ever shed light on what really happened.
A year and a half ago, La Presse filed an access to information request to get a better idea of what happens to complaints that are received and handled internally by the CBSA. La Presse found that about 100 of the approximately 900 complaints that were received were deemed to be founded. About one in 10 complaints is considered to be founded by the CBSA. Once again, that is problematic because we do not know what criteria are used to determine whether a complaint is founded or credible. The complainant does not necessarily receive a decision with reasons, as would be the case with a complaint received and handled by independent organizations with clear guidelines.
The report noted that some complaints were about CBSA officers who made racist or crude comments about travellers. There is no way to see the details of these complaints or how they were received, assessed and handled, as the case may be.
The Canadian Press also looked into this matter. For 2017-18, it identified 105 complaints that were deemed to be founded, which represented about 12% of the complaints received. It analyzed 875 complaints in total. Once again, we have to wonder about the proportion of complaints that are received and deemed to be founded. Perhaps a more detailed analysis with clear criteria would reveal that more complaints should have been deemed credible and accepted and analyzed. These complaints could have led to follow-up and hopefully to corrective action.
In this case, the Canadian Press looked at the type of complaints made. It mentioned one traveller who stated that a CBSA officer was rude and yelled at her until she passed out. Apparently, the officers only reported that she was found to be in medical distress and received appropriate care. There seems to be a discrepancy between the content of the complaint and the manner in which it was analyzed by the CBSA. However, an external investigation is not necessarily carried out in such cases.
Another complaint came from a traveller who reported that the officers were insulting other travellers and lacked respect. Radio-Canada also looked into this. It raised an issue that is a bit different but that also deserves to be analyzed by the committee that examines Bill . The Radio-Canada articles state that border officers have the right to search the contents of electronic devices but that they have to put the device in airplane mode. It seems that, in many of the cases that were reported, the CBSA officers did not abide by that directive and there was not necessarily any follow-up. I will give a few examples.
One person was asked for access to her online bank accounts. The person had her phone with her, and the CBSA officers asked for access to her bank account without giving any reason to justify it. We have to wonder whether it was legitimate to ask the person to give them access to her bank accounts.
Another traveller gave the following example. At the Montreal-Trudeau Airport, returning from a trip to Cuba, he was asked by border officers to open his luggage so they could inspect the contents. The traveller said that he had been to Cuba 15 times and never had any problems. That evening, he was clearly targeted.
In his luggage, he had a cellphone, a tablet and two USB keys, which contained his lesson plans and his students' files. The officers asked him whether they could inspect all of the contents of his USB keys and tablet. The next day, the man received warning messages informing him that an unidentified person had tried to access his Hotmail and Facebook accounts.
This raises questions that are very interesting to me as a lawyer. When those articles were published, I remember that they got people in the legal field talking, particularly my colleagues in immigration law.
Like my colleagues, I wondered what I, as a lawyer, would do if I arrived at customs and a CBSA officer asked me to unlock my phone to verify the contents.
As I am bound by solicitor-client privilege, it is possible that my phone might contain confidential information. I might be an immigration lawyer, and my phone might contain information from my clients that might end up in the hands of the CBSA. Do I cancel my trip? Do I hand over my phone to the officer? Later, if I want to file a complaint, the system does not allow me to do so properly.
There are some gaps when it comes to privacy protection. How do we know if limits have been exceeded when those limits are not yet clearly established? They cannot even be corrected through a process where a complaint is deemed acceptable after being analyzed, detailed and justified, or challenged in court and referred to higher courts to set precedent, because such a system simply does not exist.
The Bloc Québécois will support Bill , just as we supported its previous iteration in the last Parliament, although it may have been introduced a bit too late, unfortunately causing it to die on the Order Paper.
However, we hope the bill will benefit from many thoughtful comments, but not only from CBSA staff. It is important to remember that our support for this bill does not mean we are in any way criticizing CBSA officers. No large organization has a monopoly on problems, nor is any organization immune to them.
The main objective is to give CBSA a chance to develop a good system for analyzing complaints so it can put best practices in place and, if necessary, be able to dismiss people who do not apply best practices when complaints are considered valid.
We hope the committee that studies Bill C-3 will hear from many experts, especially immigration lawyers and representatives of the union representing CBSA employees. This will ensure that the final version of the bill will give CBSA the best possible system for processing complaints and that complaints are then processed in a way that ensures CBSA officers are given clearer guidance.
:
Madam Speaker, I will be sharing my time with the member for .
I appreciate the opportunity to rise today and speak to Bill , our proposed accountability legislation for the Canada Border Services Agency.
Specifically, this bill would establish an independent, arm's-length public complaints and review body for the CBSA. This is important and overdue.
This bill follows the efforts of Wilfred Moore, who proposed Bill and Bill to provide oversight for the actions of CBSA employees. This bill has been reintroduced in the House after its former iteration, Bill , received all-party support during third reading in the last Parliament.
As we all know, the CBSA has repeatedly been singled out for the lack of independent oversight over some of its activities. Filling that accountability gap is the right thing to do in any democracy. It would also improve the public's trust and confidence in an agency that not only helps to keep the public safe but also deals with the public on a daily basis.
Many of our constituents travel for work or leisure. They expect and deserve a relatively uneventful experience when receiving border services.
Let me be clear: The CBSA does excellent work while operating in a complex and challenging environment. As I followed the debate with great interest, I was pleased to hear praise and recognition from members of this House for the agency and its dedicated employees.
More than 14,000 people work for the CBSA. Some employees have behind-the-scenes jobs, working on investigations of suspected criminals, national security cases and organized crime groups. Others have a more visible role, including the more than 6,500 uniformed CBSA officers. Many of these officers engage with the public at various ports of entry to Canada.
The CBSA manages 117 land border crossings, more than half of which operate on a 24-hour basis, seven days a week. The agency also operates at 13 international airports, and its officers perform operations at 27 rail sites. In addition to this, CBSA officers carry out marine operations at the ports of Halifax, Montreal and Vancouver, among others, and at numerous marinas and reporting stations.
The CBSA's work goes well beyond its presence at our ports of entry. For example, it processes and examines international mail at three processing centres. Its officers enforce laws and regulations that involve nearly every sector of Canadian society, including our agriculture, manufacturing and service sectors. It has a very broad and wide-ranging mandate.
In fulfilling that mandate, CBSA employees engage with large numbers of Canadian citizens, permanent residents and foreign nationals. In 2018-19 alone, they engaged with more than 96 million travellers. That is in addition to the over 19 million commercial shipments and more than 54 million courier shipments they processed last year. It is a world-class agency.
These numbers are a testament to the CBSA's diligent, hard-working employees. In almost all cases, the services they provide to the public are beyond reproach, but, as with any organization of its size and scope, incidents do arise from time to time. The CBSA has procedures in place to handle complaints about the public's experiences in dealing with the agency. Currently, these complaints about service or employee conduct are handled internally. If there is dissatisfaction with the results of an internal CBSA investigation, there is no mechanism for the public to request an independent review of a complaint.
That is where Bill comes in. It proposes to establish a strong and independent review mechanism for the CBSA called the public complaints and review commission, or the PCRC. We would not be starting from scratch with the PCRC, because it would incorporate and build on the existing Civilian Review and Complaints Commission for the RCMP. The new PCRC would handle complaints from the public about its interactions with and the services provided by both the CBSA and the RCMP.
Here is a brief overview of how the proposed PCRC would work. The PCRC would notify the CBSA of any complaint it receives from the public. The CBSA would likewise inform the PCRC of any complaint it receives directly from the public. In most cases the CBSA would conduct an initial investigation of the complaint.
Of course, it is possible that someone making a complaint would not be satisfied with the way the initial complaint investigation was handled by the CBSA. Bill accounts for this. It would allow those filing complaints to submit a request to the PCRC for a complaint review. This request would need to be submitted within 60 days of receiving notice from the CBSA of the outcome of the complaint.
This bill would also give the PCRC the power to conduct its own investigation of a complaint. It could choose to do so if it receives or is notified of a complaint received by the CBSA and believes a PCRC investigation would be in the public interest.
In these cases, the CBSA would not begin an investigation into the complaint. If an investigation had already been launched, it would be terminated. As its name suggests, the PCRC would also play an important review role for the CBSA. The PCRC would be able to review any of the CBSA's activities, with the exception of those involving national security matters. That is to avoid duplication of work with the new National Security and Intelligence Review Agency, as well as the National Security and Intelligence Committee of Parliamentarians.
All other areas of CBSA activity would be subject to the PCRC review. The PCRC would be free to make its own decisions about what to review. A request for review could also come from the Minister of Public Safety.
I am proud to stand with a government that is committed to ensuring all of its departments and agencies are held accountable. It has been clear for quite some time that an accountability gap exists when it comes to some of the core functions of the CBSA. Right now the CBSA investigates complaints about its own conduct and service. That system certainly cannot be expected to inspire trust and confidence among Canadians.
Bill would make things right by creating a public complaints and review commission. This would be a body that people could turn to if they have comments or complaints about their experiences with the CBSA, and crucially, it would be completely independent.
That is why I wholeheartedly endorse this important piece of legislation and look forward to seeing it move through the parliamentary process during this session. I encourage hon. members of the House to join me in supporting this bill.
:
Madam Speaker, if we want Canadians to trust their government, we need a government that trusts Canadians. I would add that this position has been repeated many times in the House, and not just when Bill was introduced.
On that note, I would also like to thank the senator who introduced Bill in 2015. That bill set out a number of the recommendations that we are proposing today.
[English]
Beyond the CBSA, our government's desire to improve the transparency and accountability of all our security agencies is clear.
[Translation]
For example, in 2013, a member proposed the creation of a national security committee of parliamentarians, but unfortunately the House rejected that proposal. The following year, a member introduced a bill that would have amended the National Defence Act in order to improve the transparency and accountability of the Communications Security Establishment.
Obviously, parliamentarians and Canadians want our intelligence and security agencies to be as accountable and transparent as possible. When our government took office in 2015, we knew we had to take action. During the government consultations on national security, experts and members of the public told us that we risked losing the trust of the public if our security agencies did not become more transparent and accountable.
[English]
After all, these measures create an effective and efficient government.
[Translation]
They help us oversee the exercise of authority and deliver results for Canadians.
The bill established the National Security and Intelligence Review Agency, which is the heart of Bill and represents a historic change for Canada.
The creation of this agency resulted in an integrated and comprehensive review of all national security and intelligence activities, including broader access to information across the government.
The government also created the National Security and Intelligence Committee of Parliamentarians, a group tasked with reviewing Canada's national security and intelligence organizations.
[English]
As members know, this committee now has extraordinary access to classified information so that it can scrutinize security and intelligence activities.
[Translation]
The creation of this committee filled a significant gap and allowed us achieve two objectives: guaranteeing that our security agencies are working effectively, and protecting the rights and freedoms of Canadians.
The government also adopted a national security transparency commitment across government to give Canadians better access to information. All of these measures will help build public confidence in our security agencies. The RCMP, CSIS and Correctional Service Canada are already subject to solid accountability measures.
[English]
We know that similar steps have to be taken for our border agency.
[Translation]
We need a transparent system to ensure that complaints regarding the conduct and quality of services of CBSA employees are handled appropriately.
This is what Bill aims to do.
This bill would build on all of the government reforms I mentioned earlier and would increase the accountability of our national security apparatus.
Canadians can rest assured that an independent review body would be handling complaints relating to the conduct of border officers.
Bill would expand and strengthen the Civilian Review and Complaints Commission, the CRCC, which is the RCMP's review agency. This commission would become the public complaints and review commission. The new commission would be responsible for handling complaints and reviews for the Canada Border Services Agency and for the Royal Canadian Mounted Police. Anyone interacting with CBSA employees who wishes to file a complaint about the employee's conduct or quality of services would be able to go through this enhanced commission.
The Civilian Review and Complaints Commission could also conduct reviews of the Canada Border Services Agency of its own initiative or at the request of the Minister of Public Safety. However, matters of national security would be addressed by the National Security and Intelligence Review Agency with help from the CRCC.
Departments and agencies within Canada's public safety community are very familiar with this new transparency and accountability model. I know that they understand that their ability to respect this model has a direct impact on public trust, their credibility and their day-to-day activities.
The government knows that with the creation of the independent mechanism proposed in Bill , Canadians will be much more comfortable filing a complaint. We will thereby greatly improve the accountability of our public safety apparatus' oversight mechanism.
[English]
I encourage all members of the House to join me and support Bill at second reading.
:
Madam Speaker, I will share my time with my colleague, the member for Beauce.
I rise in the House today to support the government's Bill . This bill makes two key changes to the Civilian Review and Complaints Commission for the RCMP. First, it will rename this agency to be called the public complaints and review commission. This bill will also expand the agency's responsibility.
The Civilian Review and Complaints Commission for the RCMP, as it is now named, is an independent agency. It is not part of the RCMP. The commission was created by Parliament in 1988 to ensure that public complaints made about the conduct of RCMP members are examined fairly and impartially. The commission receives complaints from the public and conducts reviews when complainants are not satisfied with the RCMP's handling of their complaints. Bill seeks to expand the oversight responsibility of the commission to include the CBSA in addition to the RCMP.
The CBSA plays a vital role enforcing laws governing trade and travel, while stopping potential threats at Canadian border points. In carrying out these duties, the CBSA relies on border service officers who engage with the public at various points of entry: highway crossings, airports, marine terminals, rail ports and postal facilities.
Border service officers enforce laws and regulations that touch nearly every sector of Canadian society, including our agricultural, manufacturing and service sectors. The CBSA encounters millions of Canadians every year when goods, services and citizens travel from our country to another or return from their journey.
In a constantly changing world with ever-evolving threats, our border service officers work in fast-paced, intense and often stressful environments. CBSA officers, much like RCMP officers, are on the front lines of duty for ensuring the protection of our national security and public safety. They work under significant pressures and are constantly expected to perform to the best of their abilities. It is not an understatement to say that much of our national security and public safety depends on them.
We benefit every day from the hard work these officers put in and, for the vast majority, officers approach their work as professionals and conduct their work responsibly, as expected by the Government of Canada and citizens alike. However, instances of improper or inappropriate conduct from RCMP or CBSA officers can arise from time to time, which may trigger a civilian complaint.
Currently, individuals may launch a complaint against the RCMP for improper attitude, improper use of force, improper use of firearms, improper arrest, neglect of duty and mishandling of property, among other classifications. Many of these classifications could conceivably apply against CBSA officers in specific cases as well. That is why it is reasonable to reinforce existing CBSA procedures to hear comments or complaints about the public's experience with the agency by expanding accountability and oversight of the agency.
These changes in part reflect efforts to ensure that our law enforcement agencies are doing their work and interacting with citizens in an accountable, responsible, professional and respectful manner. It also heightens overall public trust and confidence in these critical institutions.
I am therefore encouraged that within this new minority Parliament, the government is introducing Bill early in the 43rd Parliament. The government is indicating that it understands this is something we can work on together to support and get passed for the benefit of all Canadians. My constituents want to see this kind of co-operation and I am pleased to be standing in my place saying that we will be supporting this legislation.
As many of my colleagues know, my riding of Niagara Falls is unique in our great country. Geographically, the riding stretches the length of the Niagara peninsula, touching on two of our Great Lakes, Lake Erie and Lake Ontario, which are connected by the magnificent Niagara River. On the other side of this river is our greatest trading partner and ally, the United States of America.
My riding's connection to the U.S. is close not only in geographic terms, but we are also connected physically by four separate international border crossings that are all situated along the length of the Niagara River. These border crossings are the Queenston Lewiston Bridge in Niagara-on-the-Lake, the Whirlpool Bridge and the Rainbow Bridge in Niagara Falls, and the Peace Bridge in Fort Erie. As such, the implications of Bill will be felt directly in my riding by many CBSA officers who work in and call Niagara their home.
Born and raised in Niagara, I am very familiar with the work of the CBSA. Furthermore, in my work with the Niagara Parks Commission for the past 18 years, my understanding and appreciation of their work grew. In this role, I had the pleasure of working with the CBSA on several occasions, in concert with our own Niagara Parks Police, to facilitate large-scale international events and visits to our community.
I understand first-hand the level of experience and professionalism our border officers exhibit when they conduct their work. However, as mentioned before, incidents can arise, and expanding the responsibility of the public complaints and review commission of the CBSA makes sense. In fact, this change would increase my level of confidence in our national security and public safety authorities overall.
It is my hope to see this reasonable bill be passed through the House of Commons, once again, in a timely manner, given its simple reintroduction without change and its recent history of going through the House of Commons parliamentary process with relative ease. Changing legislation is just one important part of implementing Bill ; funding it is another. Budget 2019 proposed to invest $24.42 million over five years starting in 2019-20, and $6.83 million per year ongoing, to expand the mandate of the Civilian Review and Complaints Commission for the RCMP. I look forward to reviewing budget 2020 for any updates to this funding, once budget 2020 has been published and passed later this spring. In the meantime, I am pleased to support Bill C-3 at second reading.
:
Madam Speaker, as this is my first speech, I would like to say hello to the people in my riding of Beauce. I thank them for the opportunity to bring their issues to Ottawa. I have always been proud of the fact that I am from Beauce and I accept with humility the unique opportunity to represent my constituents.
I would especially like to thank my wife, Ginette, my children, grandchildren and my entire family. Without them I would definitely not have been able to get through this campaign, which I found to be very long.
I would also like to acknowledge the members of my team, Derek, Marco and Alexandre. I thank them for minding the store while the House is sitting. I especially want to thank France, who supported me throughout the campaign and who continues to be the rock for my team. I also thank Myriame, Scott and the volunteers for their invaluable assistance during the election campaign. During the campaign I often said that it is faster to go alone, but we can go further together.
I am pleased to take part in the debate on Bill , which will create a review body that is at arm's length from the Canada Border Services Agency.
This bill was formerly known as Bill , which the government tried to ram through the last Parliament, no doubt because it wanted to boast about keeping an election promise. Although we are not opposed to Bill , there is still work to do, and it must be done properly.
Interestingly, in the last Parliament, the Liberals waited before following through on their 2015 promise. Right at the end of their term, they pressured all the parties to hurry up and pass Bill C-98.
The Liberals are back at it this time around with Bill . I congratulate them on introducing it at the beginning of the new Parliament instead of doing like they did last time and sweeping it under the rug for their whole term only to make it a big emergency at the end.
Currently, complaints about the conduct of CBSA officers and their services are managed internally. If a member of the public is dissatisfied with the results of the CBSA's internal investigation, that person has no other way to ask for an independent review of the complaint.
I repeat, as with Bill C-98 in the past, our party does not oppose Bill . Canadians expect oversight of our law enforcement agencies. A public complaints commission will improve general oversight and help the CBSA exercise its powers, duties and functions even more effectively.
Our mission is to ensure that the government always keeps Canadians safe. That said, as I mentioned a little earlier in my speech, that work must be done properly.
A few questions remain unanswered, and I hope the government will answer them for Canadians. What bothers me is that Jean-Pierre Fortin, the national president of the Customs and Immigration Union, said he was not consulted about this legislation.
Why did the government not ask for input from people working on the front lines, the ones who will be monitored by a new oversight body that will also oversee the organization that represents them?
In my view, a good employer presents its vision, rather than imposing it. Perhaps the government needs to sit down with Mr. Fortin in order to do its job properly.
While I was preparing my speech, I was surprised to learn that only seven witnesses testified on the last Parliament's Bill .
Other than the Minister of Public Safety and Emergency Preparedness, the witnesses included the chairperson, general counsel and senior director of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police, the counsel for the Department of Public Safety and Emergency Preparedness, and the acting director general of the law enforcement and border strategies directorate. Those five people report directly to the minister.
Let me repeat what I said before: Is it not imperative that the government present its proposals to people on the front lines instead of making people in its entourage testify? It is the government's duty to consult those affected by the changes, if only to ensure that it is on the right path and not just going by what people in the inner circle say.
I also have a concern about deadlines for processing complaints under Bill . Currently, when we send in forms for our constituents, the delays drag on forever. Whether it is about immigration or employment insurance, people in our riding encounter never-ending wait times.
Once the new organization is in place, can the government guarantee that the complaints process will not drag on forever?
In 2017 and 2018, nearly 40,000 people crossed the border illegally as a result of a tweet from the . Although the government said that those numbers dropped by 15% in 2019, the high volume of arrivals caused major problems for border services officers on the ground and for the CBSA, which had to deploy an incredible amount of resources to Roxham Road and other crossings.
What is worse, Jean-Pierre Fortin, who, as I mentioned earlier, is the president of the Customs and Immigration Union, said that there was a resurgence in illegal border crossings at Roxham Road over the holidays. There were twice as many as usual. CBSA officers have asked for additional staff for this year.
The border management system is overloaded, and that is causing problems. CBSA officers are doing their best to do their job properly. I hope that the government learned from the mistakes it made during its previous term in office. Had it introduced its bill properly the last time instead of trying to do it in a rush, we would not be in this position right now. The bill would have gone through the legislative process, and we could have focused our efforts on other bills that are just as important and require just as much attention as Bill C-3.
I hope the government demonstrates that it can do its job properly if it wants the official opposition to co-operate.
I will end my speech on a more personal note. Since we are talking about a bill on the Canada Border Services Agency, I would like to acknowledge the border services officers at the Jackman crossing, which is located in Saint-Théophile in my riding. I thank all border crossing employees for protecting our borders.
I would also like to acknowledge the members of the RCMP who came to my riding last summer to perform the Musical Ride during Saint-Elzéar's summer festival. The event, which is performed by 32 riders in dress uniform and their horses, attracted a crowd of over 2,000 people, young and old, on the wonderful sunny day of June 23, 2019.
:
Madam Speaker, this is the first time I have had an opportunity to speak during this 43rd Parliament, so I want to take a moment to thank my constituents from the beautiful riding of Moncton—Riverview—Dieppe.
Members certainly would not be in this place without the hard work of many people, and I am very blessed to have had a tremendous team of volunteers that supported me during the summer and fall of 2019. I want to thank each and every one of them. I want to thank my constituents, the volunteers, the donors and riding associations because they worked with me hand in hand to make this a reality. It has truly been the honour of my life to represent the great folks of Moncton—Riverview—Dieppe.
I rise in the House today to speak to Bill , an act that would create a public review and complaints commission, which would provide Canadians with added accountability measures.
Before I proceed, I want to take a moment to acknowledge the work currently performed by front-line officers at our airports, who work tirelessly to protect us from the coronavirus. Though the risk to Canadians remains low, we do not often take the time to commend those who dedicate their time and effort to keeping us safe, day in and day out.
Looking at the months and weeks to follow, there will be long weekends and March breaks. Many of my constituents will visit another province or territory to see family, cross the border for weekend shopping or leave the continent altogether to go on a well-earned vacation. However, if they do decide to travel I, like other members in the House, want my constituents to have a hassle-free and stress-free experience.
I know that during the course of the debate on policies and legislation, there are often partisan disagreements and arguments. However, when it comes to this bill, I am pleased to say that so far we have seen bipartisan support which, to me, is very encouraging. I thank all members for helping to make this bill as strong as possible as we move forward.
Thus far, we have come to agreement on a few items. First is the tremendous quality of the work undertaken by our border officers and the CBSA. Second is the necessity of ensuring that any negative, or otherwise unprofessional, experiences can be independently heard and reviewed.
We have heard from other members that the CBSA processes millions of travellers and shipments every year at multiple points across Canada and abroad. When looking at 2018 and 2019 statistics, this included 96 million travellers. That is an astonishing number. They also looked at 27.3 million cars, 34.5 million air passengers and 21.4 million commercial releases. Every day, at 13 international airports, 117 land border crossings, 27 rail sites and beyond, CBSA officers provide consistent and fair treatment to travellers and traders.
[Translation]
Our border officers are the first point of contact in Canada for visitors and for Canadians who are returning home. What is more, these officers are responsible for maintaining the integrity of Canada's borders. This means that their work is essential to our country's well-being. In this day and age, border security management is a key concern for the government and for Canadians.
[English]
Other public safety organizations in Canada, such as the RCMP and Correctional Service of Canada, are already subject to independent review. Globally, border agencies in a number of countries, including the U.K., Australia, New Zealand and France, are subject to external review. Addressing the accountability gaps through Bill would improve the CBSA and strengthen public confidence in the agency.
I should indicate that I will be sharing my time with the member for .
The legislation would ensure that the public could continue to expect consistent, fair and equal treatment by CBSA employees, and that funding would include support to modernize some of our land, ports of entry and border operations with the goal of both ensuring efficiency and enhancing security.
Under Bill , complaints would be handled by a new arm's-length public complaint and review commission. The PCRC would be able to receive and investigate complaints from the public regarding the conduct of CBSA officials as well as the service provided by the CBSA. Now, if any of my constituents have a particular unprofessional experience, they can be assured that an independent review can occur.
This bill is very similar to Bill from the last Parliament, and it received all-party support at third reading. Whereas concerns were expressed about the timing of introduction, we were proud to make introducing Bill one of the first pieces of legislation during this Parliament.
We also incorporated feedback that we received, such as ensuring that a chairperson-initiated review would have access to the same information that the CBSA review has.
On a question from the opposition in the last Parliament, the CBSA union has been contacted already and there will be, at some point, the ability to compel oral or written evidence on oath or solemn affirmation.
Under Bill , the PCRC would publish an annual report covering each of its business lines, the CBSA and the RCMP and resources devoted to each.
This bill aligns with other commitments to improve accountability and transparency. The creation of the PCRC is long overdue. Independent review legislation was proposed in the previous two Parliaments, both in the other place and in this House. Amnesty International Canada's 2018 report card noted that the CBSA remained the most notable agency with law enforcement and detention powers in the country that was not subject to independent review and oversight.
The professional men and women at borders would be well served by an independent review function for the CBSA. My constituents and the constituents of the other 337 members of Parliament deserve it as well.
That is why I encourage all members to join me in supporting this bill, Bill , at second reading today.