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Decentralized Democracy

House Hansard - 324

44th Parl. 1st Sess.
June 4, 2024 10:00AM
  • Jun/4/24 8:32:52 p.m.
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  • Re: Bill C-20 
Mr. Speaker, I thank the member for the shout-out; the chair of the mighty OGGO is here to witness this. I am very pleased to rise today to speak to Bill C-20, which would establish a public complaints and review commission for the Canada Border Services Agency and the Royal Canadian Mounted Police. Both the RCMP and the CBSA are critical organizations that protect the security of Canadians. While carrying out their mandates, employees of both organizations are quite literally on the front lines. The employees work around the clock to ensure Canada's security each and every day, and to achieve this mammoth task, they are entrusted with significant powers. Among others, these powers include the ability to use force, to search and to detain individuals. They are essential to the safety and security of the public. That said, equally essential is the need for independent review of these activities to ensure that the RCMP and the CBSA are transparent, and accountable to the population they serve and to Parliament. The adoption of Bill C-20 would provide for increased accountability and transparency of the RCMP and the CBSA. This would be done through the establishment of an enhanced mechanism for independent review of these organizations. The RCMP already has an external review body in the form of the Civilian Review and Complaints Commission, CRCC. Bill C-20 would build on the CRCC through the establishment of the public complaints and review commission, PCRC. The PCRC would serve as the external review body for the RCMP, but would have enhanced power to fulfill this mandate. The bill would, at long last, also provide for independent review for the CBSA, which currently does not have an independent review mechanism. It would do so by giving the PCRC an additional mandate to serve as the review body for the CBSA. The PCRC would do that using the existing knowledge, processes and expertise of the CRCC, and expand them to include the CBSA. We have been talking about evidence-based steps to get here since 2015. We established the National Security and Intelligence Committee of Parliamentarians that reviews the work of national security and intelligence agencies. As part of that consultation, we examined how well existing oversight and review bodies function. We also sought answers about what sort of independent review would be needed for agencies that do not currently have an independent review, such as the CBSA. As we know, effective civilian review is central to the rule of law and maintaining public confidence and trust. Bill C-20 embodies that concept. It would respond to a long-lasting need for independent review of the CBSA and improve RCMP review. It seeks to ensure that both the RCMP and the CBSA continue the work to transform their culture, and to enhance transparency and accountability, as well as equity, diversity and inclusivity. Bill C-20 would provide an avenue to ensure the public is able to have its complaints about the conduct and level of service of RCMP and CBSA employees reviewed by an external body. It would also provide an avenue to identify and investigate systemic issues within Canadian law enforcement. Today, I wish to concentrate on how this bill would help us as parliamentarians contribute to enhanced accountability and transparency of the RCMP and the CBSA. Bill C-20 does that through the establishment of a series of additional and enhanced reporting requirements, and accountability measures for the PCRC, the RCMP and the CBSA. These measures would ensure that parliamentarians in both chambers are equipped to monitor the state of the complaint and review process, and to hold the Minister of Public Safety to account in relation to complaints and systemic review. Bill C-20 would do so by enhancing PCRC recommendation-making powers of the PCRC, as well as establishing annual reporting requirements for the RCMP and the CBSA. By clearly showing parliamentarians which PCRC recommendations have and have not been implemented by the RCMP and the CBSA, this would strengthen the accountability to Parliament of the minister, and through the minister, of the RCMP's and CBSA's deputy heads. As mentioned by my colleagues, the bill would also establish defined timelines to ensure swift responses and decisions throughout the review process. These include codified timelines for the RCMP and the CBSA to respond to PCRC reports, systemic review and recommendations. The PCRC would receive the information it needs promptly and include it in its annual report to Parliament. The bill would also equip Parliament with an ability to identify allegations of systemic racism and other systemic discrimination in policing by requiring the PCRC to collect and publish demographic and race-based data on complainants. Stakeholders, including police chiefs, have long called for such information to be collected as it is essential to the development of responses to systemic issues in the criminal justice system. Bill C-20 would also establish a statutory framework for CBSA responses to serious incidents currently provided for in an internal policy only, so that the PCRC would be informed on the nature and responses to serious incidents involving the CBSA, such as death in custody. This would take place through a requirement for the PCRC to report on the number, types and outcomes of serious incidents as part of its annual reporting. For the first time, parliamentarians and the Canadian public would be informed of serious incidents that involve CBSA officers, including incidents involving immigration and detainees. The PCRC would retrieve this information through requirements for the CBSA to notify and provide information to the PCRC when serious incidents take place and permit the PCRC to send an observer to assess the impartiality of the CBSA's investigations. Through enhanced reporting to Parliament, Bill C-20 would help to ensure our border services and national law enforcement agencies remain world class and are worthy of the trust of Canadians. On this note, I also want to thank the Standing Committee on Public Safety and National Security for its important study of the bill. Its amendments have served to reinforce the reporting requirements I just noted. Among others, I would want to highlight a government-introduced amendment that would set the time period allowed for the PCRC to submit its annual report to Parliament. The extension of this timeline would give the PCRC sufficient time to analyze the annual reports of the RCMP and the CBSA and give the commission the ability to comment on these reports as part of its own annual reporting to Parliament. SECU also made an amendment that would ensure the PCRC would include the number of complainants it refers to NSIRA in its annual report. This would give parliamentarians and the Canadian public a look into how the work of these two reviewing bodies intertwine. I encourage all members to join me in supporting Bill C-20 today.
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  • Jun/4/24 8:41:52 p.m.
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Mr. Speaker, we heard witness testimony, quite frankly, that was very hard to hear. I commit myself to encourage moving forward as quickly as we can on those recommendations and bringing that forward.
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  • Jun/4/24 8:42:58 p.m.
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Mr. Speaker, as I indicated, and other members have spoken about, the CBSA was never included in this type of a review, and we are encouraged to see that this transparency will now be brought forward. The CBSA will be included and will have to answer to any incidents that do occur.
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  • Jun/4/24 8:44:14 p.m.
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Mr. Speaker, as I indicated in my comments about the collection of data, which has never been done before, to look at race-based discriminatory incidents that may take place, as it comes back to Parliament, parliamentarians from diverse backgrounds would have an opportunity to address those needs.
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  • Jun/4/24 8:45:39 p.m.
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Mr. Speaker, I thank the member, a fellow British Columbian, for the question. Of course, I am happy to always answer questions from the member. If we look at some of the measures that are being brought in, they would increase transparency. I think the issue at the heart of the matter that the member is questioning is learning about what high-risk detainees there may be. We would now understand what the needs are based on the transparency that is being reported through these measures.
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