44th Parl. 1st Sess.
November 22, 2022 10:00AM
Madam Speaker, it is a pleasure to rise to speak to an important piece of legislation, legislation that I would have liked, ideally, to have seen pass earlier. I would like to break down my comments into a couple of different sections. First, I want to talk about something that has already been raised by two previous speakers and that is the issue of timing.
It is important that we recognize that a substantive report was provided many years ago, when Stephen Harper was prime minister of Canada, that took a look at the ways we could reinforce public confidence in Canada's Royal Canadian Mounted Police, given some circumstances that were taking place at the time. That report came out with a number of recommendations.
One of those recommendations was the idea of having some form of an independent commission that would be able to address complaints, with respect to the RCMP, and to be able to investigate. I looked up that report, and I thought that it had been from around 2005 or 2006. I understand that it was actually brought to the House in 2006.
Mr. Harper was the prime minister at the time, and he chose not to take any sort of action on it. When the government changed in 2015, we did a considerable amount of work and effort on doing an overall review.
The Department of Justice had a number of pieces of legislation that would have been before them. We have been debating several pieces of legislation, virtually from 2015, on a wide spectrum of that department's responsibilities. This is our third attempt to get the legislation through, dealing with the commission.
I believe that our very first piece of legislation was Bill C-2, which was tax relief for Canada's middle class. Members will recall that this was when we reduced the taxes of Canadians, for the most part. We had the 1% wealthiest get the extra tax, but that was our first major piece of legislation.
From then to today, there has been an extensive legislative agenda. We have had to go through some fairly difficult times. For example, the worldwide pandemic required numerous pieces of legislation.
I do not know how many times I have stood up inside the chamber to talk about Conservative filibustering on government legislation. We have seen that consistently for years now. We take a look at it and we say, well, today, we are talking about Bill C-20, legislation that is significant. Not only does it reflect on a report that was provided back in 2006, but it is also a reflection on several years of consultations with Canada's border control agency. Not only are we talking about the RCMP today but we are also talking about the Canada Border Services Agency.
The CBSA plays a critical role, as does the RCMP, every day, seven days a week, 24 hours a day. That whole agency is now being provided the same opportunity that the RCMP with the public and the issues that have been raised with regard to both agencies. I see that as a very strong, powerful piece of legislation that will make a difference.
Earlier I asked about the Bloc's support for this. Its members were fairly clear that they would vote in favour of it. They saw the legislation as a positive and were anxious to see it pass through the House. Then we asked the New Democratic Party about the issue of getting the legislation through the House and the NDP seemed to be just as supportive, recognizing the value of the legislation and the desire to see it pass through the House. Both parties were somewhat critical of the government for not passing it earlier. That is why I highlighted the fact that there was substantial legislation.
If time permitted, I would go into the different types of legislation that the government has had to introduce. There is a finite amount of time that the House actually sits. That is one reason why, with the support of the New Democratic Party, we were successful in being able to extend hours so we could sit beyond six o'clock. If we need to sit until midnight for more debate, we are in that position, thanks to the support from the New Democratic Party. Both political entities have acknowledged that substantive legislation needs to be passed. One way we can ensure there is time for debate is to provide those additional hours, if more hours of debate are required, particularly by the official opposition, prior to passing the legislation.
From questions posed by the Conservatives, I am of the opinion that they also support this legislation.
Once again, we might actually find ourselves in a position where political parties support the legislation. I suspect the Green Party will take a position on it, likely in support. I must congratulate the leader of the the Green Party, the member for Saanich—Gulf Islands for taking on that role again.
I suspect we have legislation before the chamber that will receive unanimous support of getting it to committee. It would be wonderful to get a sense from the official opposition as to when it would like to see this legislation go to committee. In other words, how many speakers will the Conservatives be putting up? For example, if they are going to put up more than three or four speakers, maybe they should look to the government and suggest we sit additional hours in an evening, so we can get the legislation passed and get it to committee.
It seems to me that the desire is there to see the legislation pass to the committee. There are more government bills on the horizon on which we would like to have debate. When I hear that all members are supporting the legislation, my concern is that the Conservatives might double down, insisting they put up speakers until the government brings in time allocation. The leader of the Green Party will be in opposition to that time allocation and we will have to bring in other parties to support it in order to get the Conservatives to pass the legislation and allow the bill to ultimately go to committee.
We should try to avoid all that. If it is not resolved today, I would encourage the opposition House leader, in particular, to let the government House leader know how many actual speakers the Conservatives anticipate, so we can get it into committee. Literally thousands of people are being directly or indirectly impacted. I would argue that all Canadians are, in one way or another, affected by it.
With respect to the cost expenditure, we are talking about well over $100 million over five years, but the trade-off with the cost factor is building what is absolutely essential when it comes to law enforcement, whether it for our borders or anywhere in between. Public confidence in our border agency and RCMP is absolutely critical. This is one way we can reinforce the many things that need to be done related to the fine work that both CBSA and RCMP agents do for us seven days a week, 24 hours a day.
In listening to the comments from members, I want to provide a general thought with respect to bad apples versus the vast majority. For the vast majority in both agencies, we continue to receive the best service that is humanly possible.
I do not have a problem in comparing our national institutions, in particular, the RCMP, to any other law enforcement agency anywhere in the world. Its members are constantly called upon from other countries and from within Canada to perform in many ways, whether it is training and assistance in countries like Ukraine and many others throughout the world to the absolutely fantastic work they do in Canada.
The same principle applies to the majority of those who work at the Canada Border Services Agency, and I recognize their phenomenal effort. It is very delicate work, as some members have implied. It is almost like a border agent is a semi-god of sorts when someone comes into Canada. That individual is completely dependent on that border agent to make a decision that is favourable to the nation and that decision could ultimately prevent the person from coming into Canada.
The bad apples cause a great deal of issues for both agencies, and we often will see that take place. After all, it is the incident that the public will react to through media reporting which reflects negatively on the institution. For example, when an RCMP officer takes an action that reflects negatively on the entire force, that gets amplified, whether through social media or mainstream media. That is when the seeds of doubt or questionable behaviour are planted in the minds of many, and justifiably so. However, it is because of those bad apples in particular that we need this legislation.
This is why it is so important to recognize the finances to support the public complaints and review commission. That is money well spent.
The public complaints and review commission will have the ability to review and investigate the conduct and level of service of an RCMP officer or a border control agent when an has been issue raised. That is the essence of the legislation. It will allow the chair of the commission to initiate some form of a disciplinary action where it is deemed warranted. Again, that type of action is necessary. At the beginning, when I talked about the time frame, I put it in the form of a question. There has been a lot of time since the report, but the essence of the legislation is far beyond what was recommended back when Stephen Harper was the prime minister.
The vote of confidence that is established when the commissioner provides a recommendation on a behaviour that has taken place is what provides that confidence. Through that recommendation, we will receive an annual report. That annual report will highlight the many different things with which the commission has had the opportunity to deal.
I recognize the importance of the makeup of the commission. I suspect, given some of the suggestions or ideas from the opposition party, we will likely see some healthy debate on this at the standing committee. Given the department's interest and level of time commitment to the legislation, I believe the government is open to suggestions, and I would encourage members to bring those ideas to committee.
I understand there are concerns, particularly related to a number of issues of the day. The Conservatives have raised issues like illegal guns crossing the borders. When we think of the Canada Border Services Agency, it is important to note that it deals with issues such as arrests, detentions, removals, human trafficking, customs, trade, immigration and illegal firearms. The Conservatives are quick to criticize the government on that issue.
I suggest that the Conservatives might not want to bring that issue up during questions and answers. If they do, I will talk about the tens of millions of dollars in cuts to the Canada Border Services Agency that the Conservatives put in place, which reduced the number of border services officers and that enhanced the opportunities for illegal trafficking of guns and weapons coming into the country. I will remind them of their responsibilities to the issue and their lack of commitment and support of Canada Border Services Agency before. Maybe they could come up with a different question, but I will not tell them what they have to ask.
I hope, as I explained in depth why it is important, that the legislation passes.
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Madam Speaker, it is a great privilege for me to rise today in the House to speak to Bill C‑20, a very important bill.
I am glad to be here today, standing on traditional Algonquin territory.
We are debating Bill C-20, 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 C-20 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 C-20 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 Minister of Public Safety. 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 C-20 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 C-20 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 C-98 and Bill C-3 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 C-20 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 C-20 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.
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