:
Madam Speaker, I am happy to join my voice to the debate on Bill , an act to establish the public complaints and review commission. This commission would replace the current Civilian Review and Complaints Commission for the RCMP. It is more than just a change of name. There is also change of provisions.
The commission would have an expanded role to also receive and deal with complaints on the activities of the Canada Border Services Agency, or the CBSA. This hits home to my home community of Langley because my community has the RCMP as its police force and is a border community, with a border crossing between the Canadian town of Aldergrove and the American town of Lynden.
Many people in my community have friends and relatives in Washington state. I am one of them. Four of my grandchildren live in Lynden, Washington, which is just a 45-minute drive from my home in Langley, not counting the time we might need to wait at the border, which is sometimes a long time and sometimes very short.
In the hundreds of times I have crossed the border from Aldergrove into Lynden, I have never had a bad interaction with anybody from the CBSA. I can say the same of the RCMP, not that I have had that many interactions with members of the RCMP, but any that I have had have always been good and positive. I have the highest regard for people who work for both agencies.
Our police officers and border security guards are at the front line of public safety and we owe them a debt of gratitude. I think of Burnaby RCMP Constable Shaelyn Yang, who was stabbed to death on October 18, just over a month ago, trying to save a homeless man's life. Constable Yang was attending at a city park along with a bylaw officer from the City of Burnaby to serve an eviction notice on a person who was camped in a public park. On approaching the scene, Constable Yang noticed there was evidence of the man overdosing. She entered into the tent with a naloxone kit. She did not come out alive.
I did not know Constable Yang at all, but I know people who did know her, who worked with her, who trained with her and who loved her. Her death is a reminder to her colleagues, and indeed to all of us, that working on the front line, whether it is with the RCMP or other police services in Canada, is dangerous work. To all police officers and other frontline workers, I thank them for their service to their communities. We owe them a debt of gratitude. We are grateful for their service.
It is in this context that I now want to join the conversation about complaints against the RCMP. During my time on the Standing Committee on Public Safety and National Security, I have heard from many witnesses about the failings of the RCMP and other police services across the country.
Last year we studied alleged systemic racism in the RCMP. It was an exhaustive study. It was an exhausting study. There were 19 meetings. We heard from 53 witnesses. The study resulted in a report of 125 pages and 42 recommendations. We heard from community organizations providing services to or advocating for indigenous communities. We heard from academics working in the fields of law, law enforcement and social services. We heard from people working with people suffering mental health and addictions. As well, of course, we heard from representatives of various police services.
Whether there is racism in policing in Canada was the question we were tasked with. The first job, as always, is to define our terms. One of our witnesses, Alain Babineau, a law enforcement consultant, social justice advocate and former member of the RCMP gave us a working definition. Quoting Senator Sinclair, he said, “Systemic racism is when the system itself is based upon and founded upon racist beliefs and philosophies and thinking and has put in place policies and practices that literally force even the non-racists to act in a racist way.”
I have met many police officers. I have a family member who is a RCMP police officer. I went to law school with several former RCMP officers who then went on to become lawyers and with whom I have formed lifelong friendships. I have colleagues who have had full careers in law enforcement prior to coming to the House. I attend church with several people who are RCMP officers, and I can assure the members that not one of them is racist. They are all honest, hard-working people and law-abiding citizens who have, at heart, nothing but the best interests for their communities, neighbours and country.
Our report at the public safety committee was not about whether individuals within the RCMP are racist. The evidence is clear that we do have societal problems. It is not a problem of just the RCMP, the CBSA or the Vancouver Police Department. The problem is in our society.
When we think about racism, we might be tempted to point fingers at others, at the fathers of Confederation and at residential schools and say it was not us. We may think about our ancestors' role in slavery and say it was not us. We were not there.
A little closer to home, we might talk about the Chinese head tax and say it was before our time. Even a little closer to home, in Vancouver, we might think about the Komagata Maru incident, when law enforcement agencies turned a ship around and sent it back to India.
To make it current, we could point the finger at the RCMP, but finger pointing is not going to get us anywhere. It is certainly not going to help us find solutions to racism. We recognize that we are all part of society. We are all a product of our shared history. We are all in the same boat, so to speak, but the good news is that we are all also part of the solution.
It is in that context that I hope people would read the report from the public safety committee, and I hope they do read it. The report is simply called “Systemic Racism in Policing in Canada”.
Here we are today, talking about Bill , an act to establish the public complaints and review commission. This draft of legislation is backed up by the report that I just talked about, that our public safety committee tackled last year.
I mentioned that the report contains 42 recommendations. Five of those 42 deal with what we call, under the current legislation, the Civilian Review and Complaints Commission. Evidence we heard at committee made it clear that we have a problem. The current review and complaints structure is dysfunctional, and it needs to be fixed.
Witnesses raised concerns about the transparency of the disciplinary process from the RCMP. For example, we heard from Professor Christian Leuprecht of the Royal Military College. He suggested that the RCMP should be required to make public all disciplinary decisions. That goes to transparency.
Professor Samuels-Wortley of Carleton University pointed out that transparency is required in the disciplinary processes for police who engage in misconduct to ensure public confidence in the system. We want to know what is going on.
Alain Babineau and the hon. Michel Bastarache suggested that the RCMP does not appear to be capable of addressing discrimination within the organization itself, suggesting that change must come from the outside.
All of this evidence, presented to the public safety committee, brought us to 42 recommendations. I am going to highlight just three of them.
The first recommendation was that the Government of Canada should clarify and strengthen the mandate of the Civilian Review and Complaints Commission, or the public complaints commission. We were not contemplating then that the whole commission would be revamped and given a new name, but so be it.
This would include creating statutory timelines for a response by the RCMP commissioner to reports coming from the commission and requiring that the commission publish its findings and recommendations. It all goes to transparency.
The second recommendation was that the Government of Canada should increase accessibility and transparency by simplifying the process for initiating a complaint. The third recommendation was to allow for a meaningful engagement of indigenous participation in the complaints commission. Let us not forget that the study was about whether there was racism in the RCMP.
Can Bill , the legislation we are talking about, answer those challenges? The answer is, in large part, yes. The legislation creating the new PCRC, the public complaints and review commission, which in many ways mirrors the existing commission, would require the establishing of timelines for dealing with complaints. That was one of the concerns we heard at committee.
It would also require implementing education and information programs so the public can better understand the process, something else we heard complaints about at committee.
It outlines how complaints would be submitted, investigated and reviewed, and that there would be an annual report to the minister, who would then submit it to Parliament. That report is to include information about whether service standards are being met, the number of complaints and data about the complaints, so we can develop policy based on good, reliable data.
There are a lot of details in the bill also about what information the commission might encounter that would be treated confidentially to protect complainants and for security purposes.
There is information about the hearing process and the powers the commission will have, the powers of the superior court of record, including the power and ability to be able to subpoena witnesses and order them to give evidence. The commission will also have the ability to recommend disciplinary action, but not to carry it out.
The legislation appears to be straightforward at achieving its objectives. We will be supporting this draft bill at second reading, and I look forward to a deep dive at committee into its details, and to listen to experts.
When we are talking about police oversight, which is the police policing themselves, and border staff oversight when possible discipline might happen, we need to ask the question whether these agencies are properly resourced to do their work. We know that police services across the country are facing a recruitment and retention crisis, like almost every sector in our economy. We have a shortage of new people coming into the police services at the same time that older people are leaving, and all at the same time that we are demanding more from our police services.
Police recruitment is down and crime is up. There has been a 32% increase in violent crimes since 2015, when the current Liberal government took office. There were 125,000 more violent crimes last year than there were in 2015. Therefore, crimes rates are going up, and we are expecting more from our police services. We need to make sure they are fully resourced.
We have similar statistics for the CBSA. There is a shortage of workers. People are retiring, with not enough people coming in, and there is a higher demand with respect to their work.
Another study we recently completed at the public safety committee was about guns and gangs. We learned that most firearms used in violent crimes in Canada are handguns smuggled in from the United States. One of our witnesses stated the obvious. We live beside the largest gun-manufacturing society in the world, and we share the longest undefended border with it. This presents a big challenge for us, and we expect a lot from our CBSA to intercept the guns that are being smuggled into our country. It is not an easy problem to solve.
I know we are talking about Bill , but I want to make a quick reference to Bill . Bill , which would make owning a handgun in Canada illegal, or more illegal than it already is, is not going to solve the problem because the people who are committing violent crimes are already illegal gun owners, to state the obvious, so does not add much value. It certainly does not keep Canadians any safer. It just further stigmatizes legal gun owners and trained and licensed sport shooters who are good and honest citizens.
Bill does not help our neighbours, but that is for another day. Today we are talking about Bill , the public complaints and review commission.
Our report on guns and gang violence recommended that funding for the CBSA be increased. If we are going to enhance a complaints review process for our workers, it is only fair that we make sure they are properly resourced so they can do their jobs properly. Let us also make sure they are adequately resourced with both people and money, so they can do the work effectively.
We expect a lot from our border security people. They should expect to receive the full complement of a workforce, financial resources and tools to do their job effectively.
I want to take the opportunity to say thanks to CBSA workers, including many who live in my riding of Langley. We live on a border. There are several land border crossings, and I have a lot of friends who work in one or other of those border crossings.
I want to talk about something else that touches on the police. Our safety committee met with Mr. Justice Bastarache, formerly of the Supreme Court of Canada. He presented his report to us a couple of years ago in the 43rd Parliament, entitled “Broken Lives, Broken Dreams”. This retired judge was tasked with the unenviable task of distributing and disbursing court-awarded money under the so-called Merlo Davidson Settlement Agreement to victims of sexual harassment within the RCMP. Merlo and Davidson were the two named plaintiffs in that case.
The judge's report is a stinging rebuke of a culture of sexual harassment within the RCMP. It starts with these words:
For more than 30 years there have been calls to fix sexual harassment in the RCMP.
The report then goes on to talk about the 3,086 claims over that 30-year period. He and his staff conducted 644 interviews with victims. At the end of all his work, they awarded some compensation to 2,034 victims. It is widespread. It is not a good situation.
As I read through the report, I wondered whether my pride in our national police force was misplaced. In our discussion with Mr. Justice Bastarache at committee, I related a story from my childhood, when my parents took me and my siblings to the RCMP Musical Ride. My parents were new immigrants from the Netherlands, and they told us that one of the things they were very proud of about their new country was that we could be proud of our police force, something that is not true, sadly, for every nation in the world.
Mr. Justice Bastarache told me that in his opinion it was still appropriate for us to be proud of our RCMP service. It has a proud history and it is redeemable, but in his opinion it would require outside resources, outside influences, because the RCMP could not reform itself.
I will be voting in favour of Bill at second reading, for it to go to committee for a deep dive, a line-by-line review. There, I will be looking not only for how the RCMP interacts with the public, who expect the police to keep them safe and to do no harm, but also for how this legislation would steer us towards improving the internal culture of this agency, the RCMP, that we all want to be proud of.
:
Madam Speaker, before I begin, I just want to let members know I will be sharing my time with the member for .
I am rising today to speak to Bill . It is a bill that would establish “an independent body, called the Public Complaints and Review Commission”, which would “review and investigate complaints concerning the conduct and level of service” of the RCMP and the CBSA and “conduct reviews of specified activities” of the RCMP and the CBSA. The bill also:
authorizes the Chairperson of the Public Complaints and Review Commission to recommend the initiation of disciplinary processes or the imposition of disciplinary measures in relation to individuals who have been the subject of complaints;
amends the Canada Border Services Agency Act to provide for the investigation of serious incidents involving officers and employees of the [CBSA];
and
amends the English version of federal statutes and orders, regulations and other instruments to replace references to the “Force” with references to “RCMP”
This is not the first time I have risen to speak about the importance of oversight for the CBSA. We hear very regularly how important oversight is for open and transparent government, and how important it is for us to ensure that Canadians and everybody within the Canadian border has the ability to be treated fairly, the ability to conduct their affairs within a certain decorum of respect, and the ability to enter our country and not be judged based on their shell.
As much as I respect the work the CBSA has done over the years and decades with its ability to bring in and to recognize and go through hundreds and thousands of people on a regular basis through over 1,000 ports of entry within our country, I wonder what its impact is on people who may look different, who may have different abilities or who may not speak the same language our CBSA officers speak. It is not a question of whether our CBSA officers are able to contribute and support our borders and our entry points across the country. It is a question of how we are maintaining and supporting the integrity of Canadian values in this country. It is a matter of whether we are ensuring that everybody who comes in has that equality of opportunity and has the due process.
As we give discretion to CBSA officers, as they process these intense applications on a day-to-day basis, I ask whether those applications are processed in a manner that is fair, objective and in keeping with the values we hold dear as Canadians. As hundreds and thousands of travellers, permanent residents and citizens cross the border on a daily basis, I wonder about how CBSA officers are ensuring the integrity of the process, and I wonder about the cases that have been missed.
I know the news recently has been about a number of refugees from Egypt who came in through the Vancouver port. They were intercepted by CBSA officers and are now alleging that they have been discriminated against. As Muslims who have come in from Egypt, they have been linked to the Muslim Brotherhood, and they have no means of recourse from the CBSA officer who took them in. They do not know what their refugee applications could and would have looked like.
They have spent years trying to find a home, having really wanted Canada as their home, and are now in a situation in which they do not know where they belong. Had we installed this legislation at the moment when it was first introduced a couple of years ago, I wonder if they would still be in that same situation.
This legislation would give people the opportunity to really delve deep into whether or not their claim, and the way they are treated as they enter into or exit Canada, is fair. It is a way that we, with our Canadian values, would feel respected and proud.
I can tell members that I doubt those refugee claimants out of Vancouver who have had dealings with the CBSA without any recourse, and with the way that they have been treated by the CBSA out in Vancouver in those specific cases, feel that they have been treated fairly. However, if there were adjudication, an independent complaints system to listen, take in the facts and understand what had transpired in the case, I doubt those people in Vancouver would be feeling the way they do.
I commend each and every member of the CBSA. I know the great work they do in saving lives, going through people day by day, protecting the national security of this country and ensuring that we are secure as Canadians. However, if there is no oversight to the discretionary power given to CBSA officers who are dealing with people on a day-to-day basis, we wonder just how open and transparent we can be. We wonder what equality of opportunity looks like.
Canada is a country that is revered across the world. We take in a lot of people who are looking for homes, and we have become the adopted home for hundreds and thousands of people, including me. I wonder how we can improve that process.
How can we ensure the entry points to this safe haven that is Canada can be improved? How can we ensure the people who are having to deal with those first officers as they try to enter the country are treated with respect, dignity and without bias regardless of where they come from? An independent oversight body would allow us the privilege of providing that oversight and equality of opportunity to everyone who is seeking refuge within our country.
This legislation has been delayed in coming. It is so necessary and important that we include this independent oversight body to ensure our borders are not only protected but also that they are free from the bias, the subjectivity, that our Charter of Rights and Freedoms protects Canadians from on a daily basis.
We have to move forward on this legislation, and I am really looking forward to it going through committee and finally receiving royal assent, because I believe this is how we continue to achieve equality of opportunity in our country.
:
Madam Speaker, it is a great privilege for me to rise today in the House to speak to Bill , a very important bill.
[English]
I am glad to be here today, standing on traditional Algonquin territory.
We are debating Bill , which would enact a new stand-alone statute, the public complaints and review commission act, to provide an external review regime for both the Royal Canadian Mounted Police and the Canadian Border Services Agency. When it comes to law enforcement and border protection, nothing is more important to the proper functioning of these systems than trust and accountability. Canadians are watching and indeed the world is watching.
The RCMP and the CBSA provide world-class services to keep Canadians safe, and Canadians rightly expect nothing less than consistent, fair and equal treatment. It is about balance. Public safety is of course paramount, but so too are human rights. To ensure our system remains balanced in this way and to maintain public respect for the rule of law, it is essential we pass Bill and establish a robust civilian review system.
Under this new PCRC, enhanced reporting requirements would apply, as would an independent review mechanism for the CBSA. By establishing these mechanisms independent from the enabling statutes of the RCMP and CBSA, we are walking the talk. We are demonstrating the importance of the very independence we seek to enshrine in law, distinct from the organizations in question.
I would like to use my time today to delve into some of the details of this bill.
First, Bill would add specific new accountability and transparency mechanisms. These would entail codified timelines for the RCMP or CBSA to respond to reports, reviews and recommendations from the PCRC. There would also be timelines for information sharing between the RCMP and the CBSA, as well as the PCRC. For example, the RCMP and the CBSA would have six months to respond to an interim report of the PCRC, and when the PCRC has issued a report after having reviewed specified activities of the RCMP and the CBSA, the latter would have 60 days to respond.
Not only must these bodies report back to the chairperson of the PCRC within these codified timelines, but the bill would also obligate the RCMP commissioner and the CBSA president each to submit an annual report to the . These reports would detail the actions the RCMP and the CBSA have taken within the year to respond to PCRC recommendations.
I would be remiss if I did not acknowledge the RCMP for its efforts to improve the timeliness of responses to the CRCC over the past year. The provisions of this bill would ensure this timeliness continues.
Another highly important aspect of Bill is the provision compelling the PCRC to report on disaggregated race-based data. Canadians have said it loud and clear, and we agree, that eradicating systemic racism in law enforcement is an urgent priority. Collecting, establishing and publishing race-based data on complainants is one of the ways that knowledge gaps around systemic racism would be filled.
In addition, Bill directs the PCRC to implement public education and information programs to increase knowledge and awareness of the new commission's mandate. With increased public information and engagement through such mechanisms, the bill aims to earn the trust of Black, indigenous and all racialized Canadians. Of course, this all builds on the work done by the Standing Committee on Public Safety and National Security and its report entitled “Systemic Racism in Policing in Canada”. We are following through on that report's recommendation that the government clarify and strengthen the mandate, independence and efficacy of the CRCC.
What this bill also does, on top of improving RCMP review, is to close a long-standing gap regarding review of the CBSA. Currently, public complaints are handled through internal CBSA processes and there are no independent mechanisms available to review public complaints regarding CBSA employee conduct or service.
Make no mistake; this is a very ambitious and truly important bill. However, as we have had multiple opportunities to introduce such legislation, with both Bill and Bill dying on the Order Paper in 2019 and 2020 respectively, we have also seized the chance to continue building out this bill.
This work has been accomplished through extensive consultations with stakeholders, the broader public and governance experts like Mel Cappe, and particularly with the CRCC itself. I must single out the CRCC chairperson, Michelaine Lahaie, for her dedication. Many of her thoughtful and thorough recommendations have shaped this bill into a framework for accountability and transparency, and that is why we are here today.
I began my time today by asserting that Canada's new law enforcement and border services organizations are world class, and I stand by that statement. It is exactly why this legislation is so critical. To remain world class and to uphold Canada's hard-won reputation for equity and fairness on the international stage, we must keep up with our international counterparts.
This bill would do exactly that, aligning our border agency review function with that of countries like the United Kingdom, Australia and New Zealand. Internally, Bill would also align the new PCRC's review functions with other public safety accountability bodies, such as the National Security and Intelligence Committee of Parliamentarians and the newly created National Security and Intelligence Review Agency.
To sum up, Bill is much needed and long overdue. Without it, the CRCC does not have all the tools it needs to uphold civilian review of the law enforcement system, and the Canadian public does not have the tools it needs to continue trusting, or indeed rebuild trust in many cases, in the services that the system provides. This bill responds to the urgent priorities that date back years and those that have more recently come to the forefront, such as systemic racism.
I know my hon. colleagues share our concern for both public safety and the right of all Canadians to live free from discrimination, and I urge everyone in the House to join me in supporting the expeditious passage of this legislation.
:
Mr. Speaker, today I rise to speak to Bill .
I would like to begin by saying that the Bloc Québécois supports this bill at second reading. This bill would give citizens recourse against the Canada Border Services Agency, or CBSA, which can, on occasion, abuse its authority.
There is currently an independent oversight mechanism in place, but its mandate covers only matters of national security, so it needs to be expanded. Citizens who wish to file a complaint must do so directly to the CBSA, but the information is not public and, because the mechanism is internal, it is not totally neutral and objective.
As a result, there is no external review body to deal with public complaints against the CBSA, and that is what this bill seeks to correct. The Bloc Québécois supports Bill at second reading because we believe that an independent complaint process is both necessary and good for the public. As my colleague from said, it was in 2004, 18 years ago, that Justice O'Connor recommended that an independent process be put in place to handle public complaints against the CBSA.
For example, in early January 2020, the Privacy Commissioner of Canada found significant flaws concerning searches of travellers' electronic devices, which demonstrated the importance of having an independent body to review complaints. The bill must be referred to a committee quickly so that it can be studied and the concerns of different groups, including unions, can be heard. I will come back to this later to explain what this will change, and I will speak about the perspective of unions and victims.
First, this bill seeks to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act to change the complaints process for citizens and provide the opportunity for travellers to file complaints against CBSA officers.
This bill is similar to Bill , which was introduced in the 43rd Parliament, and Bill , which was introduced in the 42nd Parliament. Both died on the Order Paper for the sole reason that they were never a priority for the government. All parties supported Bill C-98, but we never voted on Bill C‑3. We are wondering if this bill will now be a priority.
Bill contains a number of things. It replaces the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police with a new body called the public complaints and review commission, or PCRC. This new body will be mandated to review and investigate complaints concerning the conduct and level of service of RCMP and Canada Border Services Agency, or CBSA, personnel. It will also conduct reviews of specified activities of the RCMP and the CBSA.
The bill authorizes the chairperson of the PCRC to recommend the initiation of disciplinary processes or the imposition of disciplinary measures in relation to individuals who have been the subject of complaints. It amends the Canada Border Services Agency Act to provide for the investigation of serious incidents involving officers and employees of the CBSA.
The most important point of this bill is that it enables this new body to review the CBSA's activities and to investigate public complaints involving both officers and employees. Under Bill , the public complaints and review commission can receive complaints from the public about the RCMP or the CBSA, but the complaints will generally be sent directly to the RCMP and the CBSA first for an initial investigation. If the complainant is not satisfied with the investigation of the RCMP or the CBSA, then they can ask the PCRC to look into it. Basically, here is what that means.
In such a case, the PCRC could present its findings and make recommendations. The RCMP or the CBSA would have to respond in writing to the PCRC reports by the deadlines set out in the acts and regulations. An external mechanism will therefore be put in place.
What is more, complaints related to the Canadian Human Rights Commission, the Office of the Commissioner of Official Languages or the Office of the Privacy Commissioner of Canada will not be dealt with by the PCRC. However, the PCRC will forward any such complaints to the appropriate organizations.
The PCRC will be made up of civilians who are not former members of the RCMP or the CBSA. This is an independent external process. Another thing about this bill is that the response timelines for the RCMP will be codified, because many felt that the RCMP responded too slowly to the reports of the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police, or CRCC. The bill will therefore replace the CRCC with the PCRC and a deadline will be imposed.
The bill also requires the commissioner of the RCMP and the president of the CBSA to submit an annual report to the Minister of Public Safety outlining what the organizations have done during the year to address the PCRC's recommendations. The minister will be required to share the report with the House of Commons and the Senate within 15 days.
There will also be a more targeted collection of information to determine whether racism against certain groups is an issue. It will be documented. The bill also calls for a public education and information campaign to inform travellers of their rights.
The PCRC will be responsible for tracking serious incidents—such as a death, serious injury or violation of laws—and making them public. It may send an observer to ensure that CBSA and RCMP investigations are conducted impartially. The PCRC may review, on its own initiative or at the request of the Minister of Public Safety, any RCMP and CBSA activity that is not related to national security. The reports would include findings or recommendations on RCMP and CBSA compliance with legislation and directives, and the adequacy, appropriateness, sufficiency or clarity of RCMP and CBSA policies, procedures and guidelines.
One difference from Bill , which was a similar bill introduced in the 43rd Parliament, is that the PCRC will be established by a specific piece of legislation, whereas in the previous version, it was established by amendments to existing laws.
The PCRC will not be able to compel the CBSA and the RCMP to take disciplinary action, but both agencies will be required to report to the minister to justify their response to the recommendations, and these reports will be made public 15 days after the minister receives them.
The bill aims to create an independent process for reviewing complaints and the work of the Canada Border Services Agency. This new entity, the public complaints and review commission, will also replace the Civilian Review and Complaints Commission for the Royal Canadian Mounted Police. This new commission, the PCRC, will deal with both the RCMP and the CBSA.
The new entity created by Bill will make it possible to file complaints directly with the CBSA and directly with the PCRC, depending on the complainant's preference. The complainant decides. If an individual is not satisfied with the response they get from the CBSA or the RCMP, they can ask the PCRC to review a complaint that has already been filed.
The process is nevertheless long and complicated. There is a good chance that most individuals will give up before the end of the process. For example, if an officer makes a sexist or racist comment towards a traveller, filing a complaint with the CBSA, waiting for a response and then sending the complaint to the PCRC could be more complicated and demanding for most travellers than just ignoring the comment, which is quite sad. The committee will have to examine whether the process proposed by Bill C‑20 is adequate or if it should be revised.
Creating this new external body is necessary, according to Mary Foster, from Solidarity Across Borders. In 2019, she said that “making a complaint to the CBSA about the CBSA doesn't really lead anywhere”. Having the option of challenging the findings of an investigation is therefore essential to maintaining public trust.
All parties supported Bill C‑98 in the 42nd Parliament, but, as I said earlier, a vote was never held on Bill C‑3.
Now we are once again discussing a bill that is good for the public because the existing system does not include an adequate complaint mechanism for people. Civil liberties groups have long called for the creation of an independent complaint-handling body like the one for the police.
For example, under the Access to Information Act, the Canadian Press obtained a list of complaints that travellers submitted directly to the CBSA.
According to the documents, in 2017-18, nearly 900 complaints were filed, about 100 of which were deemed founded, including cases of travellers being on the receiving end of border officers' racist or rude comments. Complaints against the CBSA are currently handled internally, with little transparency. That is the problem Bill C‑20 may fix.
Second, from the union's perspective, the Customs and Immigration Union's national president, Mark Weber, is concerned that Bill C‑20 could put more pressure on the labour-management relationship, which the union says is already strained. We have to keep that in mind.
He says that officers are placed on leave without pay, sometimes for a year or more, pending the outcome of investigations. He also notes that customs officers frequently work overtime and can be exhausted, which does not help. We need to ensure that customs officers have adequate resources, which the Bloc Québécois often asks for, considering the government's lack of interest in our borders. We have been asking for this frequently and for a long time. The Bloc Québécois would like the union to be involved in the process that leads to passing Bill C‑20, particularly in committee.
The staffing shortage at the CBSA is a well-known problem. This is causing delays and tension between officers and travellers. The government will also have to address this problem.
The CBSA has a great deal of power, including the power to detain and search Canadians and to deport people. It is therefore incomprehensible that the CBSA still has no external investigation mechanism.
In its legislative summary, the Library of Parliament cites the case of Maher Arar, a Syrian-Canadian citizen who was arrested during a layover in New York on his way home to Canada.
In 2004, a commission of inquiry into the Arar case led by Justice Dennis O'Connor suggested creating a new civilian agency to oversee the activities of both the RCMP and the CBSA, as I said earlier.
In other words, 18 years later, the CBSA still does not have one. Only the RCMP has this external oversight mechanism. However, the National Security and Intelligence Review Agency is already responsible for overseeing national security activities, and only national security activities.
I want to make it clear that the Bloc Québécois is not putting the blame on CBSA or RCMP officers as a whole, nor is it putting the CBSA on trial. Rather, we feel the government is responsible for the lack of oversight over the CBSA and the lack of transparency, which is inappropriate for such an important agency. We think the Liberals and the Conservatives should be held to account for tolerating all this for so long.
As I said—
:
Madam Speaker, I understand that that is part of the work of Parliament, and I will pick up where I left off.
I repeat that the lack of resources allocated to the agencies does not help. Some customs officers might be exhausted, which can lead to tenser situations with certain travellers. A recent CBC article talked about how the number of complaints against CBSA officers has been growing over the past two years and about how a new complaints commission is in the works.
Bill will replace the oversight body that deals with public complaints against the RCMP with a civilian review and complaints commission that will handle complaints against the RCMP and the CBSA. If Bill C‑20 is passed, the new civilian review and complaints commission will be able to look into any CBSA activities that are not related to national security, either on its own initiative or at the request of the minister.
Mr. Weber, the union president, said that he would like the new organization to deal with managerial misconduct as well. That is important to note. He also mentioned that if a complaint points to a systemic issue, the commission should tackle that issue rather than focusing on the one person the traveller interacted with. He stated that CBSA officers are often stuck working mandatory overtime and process hundreds of people a day.
The number of misconduct investigations of border officers grew last year, despite a dramatic reduction in international travel due to the pandemic. The misconduct primarily involved granting permits or disrespecting travellers, to name just a couple of examples. The Canada Border Services Agency reported 215 founded investigations of its officers last year, compared to 171 in 2019. We can see that there was an increase. However, that increase came after border restrictions were put in place to control the pandemic. The number of trips into and out of Canada dropped significantly, yet the number of complaints increased.
Last year, the total number of recorded trips in and out of the country by air and land was just over 25 million, a far cry from the nearly 94 million trips logged in 2019. The agency noted, however, that not all of the misconduct cases involved travel. The case numbers vary year by year, and it is important to note that not all misconduct is connected to public complaints or international travel, according to CBSA spokesperson Rebecca Purdy. Jean-Pierre Fortin, former national president of the Customs and Immigration Union, also pointed out that some ports of entry still had high amounts of traffic over the past year.
Third, looking at it from the complainants' perspective, the 200 or so investigations conducted last year resulted in 170 officers being reprimanded, largely with temporary suspensions. Just eight CBSA officers have been fired since 2018, according to an access to information request obtained by CBC News. One officer was let go for interfering in the immigration process. The internal investigation revealed that he had tried to help an immigration lawyer by illegally removing material from a client's file that would have raised questions and issuing a temporary residence permit. Other officers have been let go for belittling clients, making inappropriate comments towards co-workers, abusing their authority and sharing private CBSA information.
The border agency, which employs about 14,000 people, said discipline is managed on a case-by-case basis and is based on the severity of the allegations coupled with mitigating and aggravating factors. The CBSA's statements have done very little to convince Janet Dench of the Canadian Council for Refugees. She believes that there is a need for independent oversight and that there are probably more cases of abuse that we are not currently aware of. This is just the tip of the iceberg, if you will. Ms. Dench is pushing for outside, independent oversight of the CBSA, which is the only public safety agency in Canada without an independent oversight body. She calls the current set-up ineffective.
A bill that would have expanded the mandate of the civilian body that handles public complaints about the RCMP to also cover the CBSA failed to clear the Senate before the end of the last parliamentary session. The federal government has yet to reintroduce the bill, but the CBSA said that, so far this year, it has opened 41 founded investigations, resulting in three terminations.
Documents obtained by CBC through an access to information request showed that, over a two-year period from January 2016 to mid-2018, the CBSA received 1,200 complaints about its own employees, including potential cases of harassment and misconduct. The number of complaints deemed founded was not disclosed, nor was information provided about measures taken to resolve the founded complaints, which included 59 allegations of harassment, 38 allegations of criminal association and five allegations of sexual assault. As the status of women critic, this really concerns me.
A woman deported to Guatemala alleged that CBSA officers seriously injured her by pushing her to the ground and kneeling on her back. The CBSA did not confirm whether its agents used force to arrest the woman in this specific case.
Data provided to The Canadian Press through the Access to Information Act show that between 2017 and 2018, 105 cases of complaints of officer misconduct were deemed founded, representing about 12% of the 875 misconduct complaints filed in that time.
The International Civil Liberties Monitoring Group says the definition of “founded” is far too vague to help lead to changes within the agency's culture or for the public to be properly informed and that the limited information shows cause for concern, particularly the allegations of racism and name-calling.
According to one of the reports, a female traveller said that a CBSA officer was rude and yelled at her until she passed out. The officers reported that she was found to be in medical distress and received appropriate care. According to the findings of the investigation, the officer did not play a role in the traveller's medical distress. Other travellers filed complaints because interpretation services were not available and they were denied an interpreter. The government is using the example of a Privacy Commissioner report to illustrate why Bill is necessary.
In conclusion, all of these stories are very familiar to me, since I worked for a member of Parliament from a riding on the border. I took a lot of interest in the fact that governments, both Liberal and Conservative, have cut back on investing in border crossings over the years, creating resource shortages and placing a tremendous amount of additional pressure on staff. When I was working for that member of Parliament, the issue was hours of operation and staffing reductions.
I would like to say one last thing. There needs to be a neutral space to independently analyze the complaints and abuses that could occur in the two agencies affected by the bill we are talking about today. We must also keep in mind that this agency and these officers need to see money being reinvested. We should be concerned about the workers who give their time to this very important agency. We need to restore public confidence because everyone will benefit.
:
Madam Speaker, I will be splitting my time with the member for this evening.
It is an honour to rise in Parliament today to speak on behalf of the residents of Barrie—Springwater—Oro-Medonte.
I am pleased that the government has finally brought up Bill for debate. The bill seeks to create the independent public complaints review commission to review complaints against RCMP and CBSA employees. This proposed commission aims to replace the current review body for the RCMP and create, for the first time, an independent review body and forum for complaints about the conduct of CBSA employees.
The brave men and women who wear the RCMP and CBSA uniforms are tasked with protecting our borders, our national security and our safety. The immense responsibility that comes with this line of work requires oversight. The creation of a coherent, independent oversight body for the RCMP and the CBSA is certainly necessary. Hopefully, this is something that all Canadians can agree on.
While Conservatives are supportive of the intent of this legislation, I cannot help but be concerned that the bill will suffer the same fate that previous iterations of it have in the past. Both Bill in the 42nd Parliament and Bill in the 43rd Parliament died on the Order Paper despite Conservatives supporting both bills in an efficient manner.
This government claims that the creation of oversight bodies for all federal law enforcement agencies has been a priority since 2015. If that is the case, then why has this legislation, which would accomplish that goal, died on the Order Paper, not once, but twice.
Another concern of mine with the bill is the apparent lack of consultation with stakeholders. When Bill was introduced in 2019, and when Bill was introduced in 2020, many stakeholders, especially the union that represents CBSA officers, spoke out about the fact that they were not consulted in the drafting stages of this legislation. Once again, we are hearing from indigenous communities that they were not consulted in the drafting process, and the government has made no assurances that there will be indigenous representation and leadership positions on the review commission.
Before discussing the specific merits of the bill, I want to acknowledge and thank all the public safety professionals who work tirelessly to protect our national security and ensure the safety of all Canadians.
My colleagues and I on the Standing Committee on Public Safety and National Security have heard repeatedly that our border agents are strained due to a lack of funding and resources, and that both the RCMP and CBSA face critical labour shortages. We saw evidence of that in the past year with travel delays affecting individuals across the country. Just recently, the union representing CBSA employees said that it needs between 1,000 and 3,000 new hires to process travellers entering the country efficiently.
Another example of the impact of labour resource shortages at the CBSA comes from testimony that my colleagues and I heard at the Standing Committee on Public Safety and National Security. Mark Weber, the national president of the Customs and Immigration Union, told us that, as of 2019, only one-millionth of rail cargo was effectively being examined by the CBSA. According to him, due to this lack of capacity, there is almost a zero per cent chance that any illegal weapons that enter the country by rail will ever be found. With a 92% increase in gang-related homicides since 2015, it is clear that resources must be turned towards stopping the illegal guns that are smuggled across our border from the United States.
Conservatives believe that to protect our borders and national security, the CBSA needs appropriate resources in both manpower and equipment for officers to do their job effectively. We must listen to the needs of our frontline public safety professionals and ensure they have all the resources they need to protect Canadians.
I also want to draw attention to the mental health issue that our frontline public safety professionals are facing on a daily basis.
A few weeks ago, I met with representatives from the Canadian Institute for Public Safety Research and Treatment, which does outstanding work to promote the mental health of public safety professionals, including CBSA and RCMP officers. They made it clear that the toll of the work these individuals do places an unprecedented strain on their mental health, and supporting their mental health is critically important. According to them, nearly half of public safety professionals experience symptoms consistent with one or more mental disorders, and one in 10 will attempt to die by suicide. Investments in the mental health of our public safety professionals and ensuring that the departments they work for are being properly resourced would be a welcomed step towards public confidence in our institutions.
There are aspects of this legislation that my Conservative colleagues and I support fully. We believe that an independent review commission would improve oversight and help both CBSA and RCMP officers be more effective in their roles as stewards of public safety.
In 2021, the Standing Committee for Public Safety and National Security, which colleagues past and present have done excellent work on, released a report entitled “Systemic Racism in Policing in Canada”. One of our recommendations from that study was to make drastic changes to the public complaints system for the RCMP. I am pleased to see that recommendation addressed in this bill. However, during the previously mentioned study, committee members heard repeatedly that the RCMP commissioner failed to respond to reports from the RCMP’s current Civilian Review and Complaints Commission and complaints themselves faced massive delays.
Just recently, in 2021, a British Colombian civil liberties group sued RCMP Commissioner Brenda Lucki, arguing, as reported, that “the time it takes her to respond to public complaints is undermining police accountability.”
Conservatives are committed to finding solutions to these accountability and oversight issues, which are clearly prevalent. The government must take steps to ensure that complaints are addressed expeditiously. As I mentioned previously, public safety professionals are often faced with psychological stress due to their working conditions. For example, CBSA employees must routinely search vehicles, persons and belongings to ensure the safety of our borders and prevent criminal activity such as drug smuggling and trafficking. These officers should have clear guidelines on what is expected of them, so they may feel confident carrying out the duties of their positions without fear of reprisal. While these changes appear to be promising, I would like to ensure that the commissions complaints process is fair and balanced.
As I mentioned, this system should be efficient, but this system should also be cautious and thoughtful when dealing with complaints and when recommending disciplinary actions. Bill would require the public complaints and review commission to submit an annual report to the Minister of Public Safety, with a summary of all complaints and anonymized data about complainants.
Bill also aims to raise public awareness about the complaint process through education and information campaigns. Easily available and clear information about the public complaints and review commission would ensure that complainants are not bogged down by endless bureaucracy when trying to put forth a complaint. I agree that these measures would ensure greater transparency and confidence in our law enforcement agencies.
While I applaud the steps that the CBSA and RCMP have already taken to address and prevent discrimination, such as anti-racism and anti-bias training, some measures in this bill, such as the collection of disaggregated data, are a promising step towards addressing disproportionate outcomes in Canada’s law enforcement and criminal justice system. However, to reiterate, I am concerned about the government’s lack of consultation with indigenous communities while drafting this legislation. The government should always consult with stakeholders who will be affected by its legislation while it is being drafted rather than placing the onus on committees to do that work for them after it has been tabled.
Finally, I would like to ensure that this review commission is free from political interference. Time and time again, RCMP Commissioner Brenda Lucki has been subject of political controversy and accused of political interference, most recently with the enactment of the Emergencies Act and the investigation of the Nova Scotia mass shooting.
Conservatives see clearly that there is a pattern with the government’s tendency to interfere in RCMP investigations. We must ensure that we take steps to restrain the ministers’ authority over this commission and that it remains wholly independent. Canadians could not trust the government to stay away from court proceedings and RCMP investigations in the past. How do we know they will stay away from this commission?
Our frontline public safety professionals do outstanding work and often put themselves in danger on the job. I want to thank them once again for keeping the public safe, day in and day out. Canadians are right to expect an oversight body for federal law enforcement agencies that is efficient, effective and rigorous. Conservatives are certainly supportive of this principle.
My Conservative colleagues and I are cautiously optimistic about this legislation. I look forward to studying it in committee with my colleagues across all parties.
:
Madam Speaker, I rise to bring a British Columbian perspective to the debate on Bill , the public complaints and review commission act. This legislation would create a framework for reviewing complaints against Royal Canadian Mounted Police officers and Canada Border Services agents.
These law enforcement professionals work tirelessly to keep our communities safe, and they deserve the respect and support of this House. Unfortunately, the federal government is complacent about protecting Canadians, making a difficult job even harder for border agents and RCMP officers. B.C. cities, including my home of Surrey, are facing an onslaught of crime, including gang activity, property damage and violence.
It is no wonder. In 2019, the Liberals passed legislation that directed a principle of restraint when imposing bail conditions. Under this soft-on-crime policy, police are often forced to release known criminals on a promise that they will show up in court, a practice known as catch and release.
This approach is not working in B.C. Last December, in Surrey, a man with a criminal record of 23 convictions of assault attacked a mother and her 11-month-old child. Also last year, another man stole a ferry vessel from Victoria harbour. He was arrested, released and later caught shattering the windows and doors of local businesses. In Kelowna, one man is responsible for 346 complaints to local police in the last six years, leading to 29 convictions for assault and property crime. This is not unusual.
The BC Urban Mayors' Caucus has sounded the alarm bells, calling for action to prevent this cycle of crime. The Surrey Board of Trade, an organization normally associated with economic development in my region, is expressing its concern with crime on the streets. It recently said:
The economic development of any community relies upon its reputation as a safe, viable region in which to locate and do business, with supporting infrastructure, community assets and, most importantly, customers willing to walk in the door. However, if customers feel unsafe, they won't come. If the reputation of a region is suspect, businesses won't come.
The breakdown of public safety has hit my community of South Surrey—White Rock and nearby areas hard, but the problem extends far beyond B.C. It is a national mess. We all watched with horror this summer the mass killing on James Smith Cree First Nation in Saskatchewan. The perpetrator had been charged with over 120 crimes and convicted 59 times, but none of that prevented him from taking 10 indigenous lives.
To make matters worse, the Liberals have rewritten sentencing for serious crimes, putting criminals back on the street sooner than they ought to be. They lowered sentences for crimes like assault with a weapon, abduction of a minor and participation in the activities of a criminal organization, making these crimes eligible for summary convictions. The expanded house arrest for other serious offences, including sexual assault, kidnapping, human trafficking, motor vehicle theft and arson.
The government is also failing when it comes to gang prevention. Just yesterday, a prominent member of the Indo-Canadian community in Surrey—
:
Madam Speaker, I am going to repeat a bit because of the interruption.
Just yesterday, a prominent member of the Indo-Canadian community in Surrey told me of significant gaps in the evaluation of gang prevention programs. He noted that some programs have not been evaluated since 2012. That is 10 years ago. He asked, “How can you monitor effectiveness, assess performance targets or implement lessons learned if you continually lag behind in program evaluation?”
The government likes to make announcements with big dollar figures, but if the money does not help at-risk youth access employment and deal with their trauma, then the government is failing. Just last week, with the support of the NDP, the Liberals eliminated mandatory prison time for serious gun crimes, including robbery or extortion with a firearm, weapons trafficking, discharging a firearm with intent, using a firearm in the commission of a crime, and reckless discharge of a firearm.
While the is bringing in bills like Bill and letting drive-by shooters and gunrunners back into our community, he had the gall to come to Surrey recently to announce new gun control measures. His plan targets legal firearms owners, including hunters, sport shooters and collectors, forcing them to hand over their property to the government. On the one hand, he is punishing and confiscating the assets of law-abiding citizens, and on the other, he is giving criminals a break. It does not make sense.
Meanwhile, in the middle of the opioid crisis, the eliminated mandatory prison time for drug dealers. For context, over 31,000 Canadians have lost their lives to overdose since he became Prime Minister. Now the crime of producing heroin, cocaine, fentanyl or crystal meth is not subject to a mandatory minimum sentence. The same goes for drug smuggling and drug trafficking. What are the 13 NDP MPs from B.C. doing about it? They voted for this reckless plan.
All of this comes as the violent crime rate is spiking to a level not seen since the end of the Chrétien-Martin era. It is up 32% since the Liberals took office. Just last month in Burnaby, Constable Shaelyn Yang was stabbed to death. My thoughts and prayers remain with her family and the B.C. policing community.
The member with whom I am sharing time today, the member for , just had the heartbreaking job of attending the funerals of two Barrie police officers who were killed in the line of duty in October. He knows the pain that this tragedy inflicted on his community and beyond. These stories are becoming commonplace in Canada.
Under the watch of the Liberal Party, homicide rates are up nearly 30%, gang-related murders are up 92% and sexual assaults have increased by 61%. Police-reported hate crimes have increased 72% over the last two years. I will be unequivocal—