44th Parl. 1st Sess.
June 4, 2024 10:00AM
Mr. Speaker, it seems as though the member intends to support this bill. Although I am not a member of the Standing Committee on Public Safety and National Security, it is my understanding that the Conservatives filibustered during the study of Bill C-20.
That being said, I would like to ask my colleague whether his party really intends to make this issue a priority. If his party does take office in the next election a year and a half from now, can we expect the Conservatives to make this issue a priority? Will they make the proposed amendments to Bill C-20 and will they allocate the necessary funding to ensure that investigations can be conducted and completed in a timely manner?
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- Jun/4/24 8:59:03 p.m.
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Mr. Speaker, when it comes to a matter of any type of organization that has been tasked with helping the public, it certainly does need to come with the funding that is available. That is the first comment I have. The question of which one of the badger holes we are going to have to fill in the pasture once the time comes that we are in government, I am not sure just exactly how we will be able to manage that. There is going to be a lot of work to do to bring the nation back to its level of greatness.
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- Jun/4/24 8:59:49 p.m.
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Mr. Speaker, I know that the Conservatives like to pride themselves on being the law and order party, the ones who stand up for police, but I just want to talk about Coutts, Alberta. Two of the four men charged with conspiracy to commit murder at the Coutts border blockade in southern Alberta have now been released from custody. There were arrests, and there were crimes committed.
Can we guess who was supporting the convoy protesters at Coutts? It was members of the Conservative Party. There is heckling, but it is in the news.
When do they decide to support people in positions of authority and when do they not, with freedom for some and not for others?
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- Jun/4/24 9:00:38 p.m.
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Mr. Speaker, of course, the situation at Coutts was entirely different from the issues where there were some members of our party who were looking at the freedoms that others have indicated here in Ottawa. I think that is the relationship that the member is trying to portray. Yes, we are a law and order party; we also believe that there needs to be respect all the way through the system.
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Mr. Speaker, I would like to acknowledge that we are on the traditional territory of the Algonquin Anishinabe people.
Still before us we have Bill C‑20, an act establishing the public complaints and review commission. As my hon. colleagues know, this bill is of the utmost importance to Canadians. It establishes an independent review body for the Royal Canadian Mounted Police, or RCMP, and for the Canada Border Services Agency, or CBSA.
Members of the public, including members of indigenous and racialized communities, can turn to this body, the public complaints and review commission, if they have comments or complaints about their dealings with the RCMP or the CBSA. A robust civilian review system for both the RCMP and the CBSA is vital to ensure balance in our system between security and equity.
Bill C-20 has been extensively discussed, and relevant recommendations have been made. The government has taken these recommendations into consideration and is grateful for them. Since it was introduced in the House, the bill and the proposed new commission have been considerably improved.
I want to commend the work of my colleagues at the Standing Committee on Public Safety and National Security. In preparing this bill and adopting the changes contained in the version that is before us, the government and the committee have taken note of the opinions from indigenous organizations, civil liberties associations, police and customs unions, as well as universities.
Although the partners and stakeholders presented different viewpoints in committee, they were united in their desire to strengthen the accountability regime. I thank them all for taking the time to contribute to these important discussions and legislative provisions. Their points of view allowed the committee to build on the solid civilian review and complaints system that Bill C‑20 will create.
The committee adopted 46 amendments to the bill, based on what the committee heard from these stakeholders. These amendments addressed some key priorities for our government, such as diversity and inclusion, accountability, common sense and practical considerations.
Specifically, the committee made changes that respond to the recommendations made in the committee's report on systemic racism in policing. In particular, I would like to point out an amendment adopted to expand the commission's ability to collect demographic and race-based data on complainants so that the commission, and Parliament, more broadly, can identify incidents of systemic racism.
Although the bill already proposed that the commission be authorized to collect race-based data, the committee expanded on this proposal by ensuring that other demographic data would also be collected. This recognizes that the nature of systemic issues can be complex and change over time, and that it can be linked to a wide range of social, cultural and other factors. By gathering additional information on complainants, we will have a more complete picture of any potential systemic issues arising from the public's interaction with the RCMP or the CBSA.
This new power will also enable the commission to identify systemic problems in the application of the act and develop recommendations to respond to them. What is more, one amendment specifies that third parties can file a complaint with the commission on behalf of someone else. Bill C-20 already provided for the possibility of third parties filing complaints with the commission, but additional clarifications were made to eliminate any confusion about the possibility of filing a complaint on behalf of someone else.
This provision will also make it possible to ensure that complainants know that they can get help from people they trust when they have concerns. The RCMP and the CBSA often interact with vulnerable people, particularly people from indigenous or racialized communities, asylum seekers, people with disabilities and 2SLGBTQIA+ people. For reasons that include language barriers and distrust of law enforcement agencies, many of these individuals may be reluctant to file a complaint. In some cases, they may even be unable to proceed with the complaint process. In other words, with the additional clarifications, someone who is reluctant to file a complaint or who encounters problems that prevent them from following through with the process can have a third person file the complaint on their behalf.
Another change to the bill is that stakeholders can now ask the PCRC to conduct a specified activity review, or SAR. Also called systemic investigations, SARs are a second type of activity that the PCRC will undertake as part of its mandate. SARs will allow the PCRC to determine whether RCMP and CBSA policies, procedures and guidelines are adequate and appropriate. They can also help determine whether the agencies are operating in accordance with the legislation or ministerial directions. These reviews are essential because they help address systemic problems within the organization and help make positive changes by contributing to fair and equitable treatment for all.
By specifying that third parties can request SARs from the PCRC, the bill guarantees that the PCRC will be aware of their concerns about systemic problems in law enforcement. The government's goal is always to provide exemplary law enforcement services and border services. It expects all misconduct to be reviewed and handled appropriately by an independent civilian authority in a timely manner.
To sum up, Canada must offer uniform, fair and equitable treatment as well as an effective accountability mechanism, if applicable, for people who interact with the RCMP and the CBSA.
I encourage the House to move this bill through quickly. People need this treatment.
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- Jun/4/24 9:10:51 p.m.
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Mr. Speaker, just as many have said before me this evening, this is the third time we have seen this bill. I wonder if my colleague, in her answer to me, could let me know her thoughts as to why the Liberals did not pass it before the 2021 election and why they did not pass it the first time they had it up.
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- Jun/4/24 9:11:18 p.m.
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Mr. Speaker, the excellent work of the various parties in this Parliament to bring their ideas forward, to discuss and debate them and to finally come forward with a consensus on this bill, as it is at present, is exactly what Parliament is all about. The committee has also done its work to bring people together to explore challenges and make improvements to the bill, so I am pleased to see it here today.
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- Jun/4/24 9:11:53 p.m.
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Mr. Speaker, I would like to thank my colleague for her speech. She spoke exclusively in French, and I thank her for that. I should mention in passing that her French was excellent. It was very kind of her.
My question is actually about language skills. I would like to know if there were any discussions in committee about the need to ensure that there are bilingual commissioners so that complaints can be received in both languages. We know that the appointment of bilingual judges and commissioners was a challenge for the miscarriage of justice review commission. Was this a discussion that took place in committee? Were any recommendations made on this subject?
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- Jun/4/24 9:12:34 p.m.
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Mr. Speaker, to be honest, I was not on the committee and I am not aware of all the discussions that took place in committee. I can say that Canada is a bilingual country; the work of Parliament must be done in both official languages, and federal organizations that serve the public must be able to serve people in both official languages.
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Uqaqtittiji, I understand that with Bill C-20, amendments were required to ensure that there were provisions related to the reconciliation process with indigenous peoples. I wonder if the member could respond to why it took amendments and why that process was not there when Bill C-20 was originally introduced. Why did it take NDP amendments to make sure they were included?
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- Jun/4/24 9:13:57 p.m.
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Mr. Speaker, I really appreciate the question because it gives me an opportunity to confirm my appreciation for all the work the member does in the chamber and to state our government's absolute commitment to reconciliation. We have shown that through laws reflecting UNDRIP and in how we operate as a government. As a society, we are still on the voyage to fully acknowledging and correcting historic injustices. That is what reconciliation is all about.
The fact that this was identified as a weakness in this bill and was corrected shows the very process that is under way in so many aspects of our society and our parliamentary affairs. I am happy that this was caught and improved, and we will continue to do our best to do better.
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Mr. Speaker, it is nice to see my Conservative colleagues clapping for me. That is really quite thoughtful.
I am very pleased to be rising in the House today to speak to Bill C-20 at its report stage. I just want to note that when this Parliament started, the 44th Parliament, I was appointed as the critic for public safety. Of course, this was one of the first pieces of legislation that I got to deal with as the critic and that was handled by the Standing Committee on Public Safety and National Security.
I just want to remind the House and the people watching this debate, that this bill has been a long time coming, not only in this Parliament but also in previous Parliaments. Just to give a sense of the timeline involved, this bill was first introduced way back on May 19, 2022. It received its second reading on November 25, 2022. However, it was not until November 9, 2023, a full year later, that the public safety committee completed its study of the bill and reported it back to the House. Here we are, on June 4, trying to get through the report stage of this bill, Bill C-20.
That needs to be noted because this bill, of course, is the result of many different people talking about the shortcomings of both the RCMP and the CBSA, is not only their shortcomings, but also the lack of an effective oversight and accountability mechanism. That has nowhere been more true than with the indigenous people who live in this land called Canada.
I first want to note that the riding I represent, Cowichan—Malahat—Langford, is served entirely by the RCMP. In my time as the member of Parliament for Cowichan—Malahat—Langford, which I have been fortunate to hold since 2015, I have developed a good working relationship with the RCMP, the North Cowichan/Duncan detachment and the West Shore. I know that the people who serve those detachments are doing it out of love for the communities, and I know they are going out and doing their best every single day. I know they are dealing with some very difficult circumstances.
Like many communities across Canada, my riding has not been untouched by the opioids crisis. We have a mental health crisis. I know that many of the RCMP officers are not only responding to those incidents as police, but also, often as the first responder, dealing with a mental health crisis or with someone who is close to an overdose. I do want to recognize the good work that they are doing.
I want to also recognize the good work of the people who staff the Canada Border Services Agency, who, right now, are involved in some very difficult negotiations with the Government of Canada regarding their hours of work and their pensions. Of course, these are the people who keep the borders of Canada safe. They do important work.
The public safety committee has been doing a big study on car thefts. The CBSA has an incredibly important role not only to examine the cargo coming in and going out of Canada, but also to screen the people coming here to make sure that everyone is a verifiable visitor and is here for the right reasons.
That being said, I do need to take note of something. My riding of Cowichan—Malahat—Langford is home to several indigenous communities. We really need to highlight that and need to underline it when we are talking about this bill, Bill C-20, because it is well known, in the history of this land called Canada, that indigenous people on this land have had a very troubled relationship with the RCMP. Just saying that sentence would, in fact, probably be a gross understatement. We have to keep that in mind.
I also want to recognize that, as a member of the NDP caucus, I am incredibly privileged to serve with three incredible and outstanding indigenous members: the member for Edmonton Griesbach, the member for Nunavut and the member for Winnipeg Centre. I want them to know that I rely on their counsel and their wisdom quite heavily. I also rely on the wisdom and the counsel of the indigenous people who live in my riding of Cowichan—Malahat—Langford. They not only inform me as a person, but also inform me in the work I do as their member of Parliament.
It is important that we underline those concerns because I think that forms a very important basis of why Bill C-20 exists and why the House of Commons is finally reaching a point where we are giving it consideration and hopefully sending it on its way to the Senate and soon to royal assent.
Of course, my riding has been no stranger to controversy. I have been its MP since 2015, and I would say that probably the biggest flashpoint between the RCMP and a number of protesters, many of them indigenous, happened in the summer of 2021 at Fairy Creek, which is one of the last untouched, old-growth reserves on Vancouver Island. People are quite rightly concerned with logging practices in the province of British Columbia and with the preservation of old growth, but there were some very serious concerns raised about the conduct of the RCMP during the protests at Fairy Creek. Given the reviews that happened after the fact, it makes a bill like Bill C-20 all that much more important. In fact, none other than the B.C. Supreme Court ruled that the RCMP's media exclusion zones and checkpoints at that time were unlawful, given that they unreasonably limited press freedoms and that the principal purpose of the injunction is to maintain public access to roads in the injunction area. Again, a lot of the conduct there was very questionable, and certainly for people who were on the receiving end, it was described as quite brutal.
However, this is now my third Parliament, and this has been an issue that has crossed all three of those Parliaments. I want to read from the report of the Standing Committee on Public Safety and National Security from the previous Parliament when it did its deep dive into systemic racism in policing. It reads:
Given the pervasive nature of systemic racism in policing in Canada, the House of Commons Standing Committee on Public Safety and National Security...has concluded that a transformative national effort is required to ensure that all Indigenous, Black and other racialized people in Canada are not subject to the discrimination and injustice that is inherent in the system as it exists today....
The Committee was told that accountability, oversight and transparency are critical to restore trust with Indigenous and racialized communities subject to systemic racism. Witnesses also emphasized the need for the collection of disaggregated race-based data to provide Canadians with an accurate picture of the impact of police practices and policies on Indigenous and racialized people.
I gave a pretty thorough speech on this bill at second reading, and I do not want to repeat the points I made at that time. However, I do want to note the important work that the public safety committee did on the bill and particularly on the important NDP amendments that were passed by the committee. I will quickly read through a number of them. They are: to ensure that there is proper union representation; to increase transparency and accountability; to ensure a reconciliation process with indigenous peoples; to expand the PCRC's investigative power; to increase transparency, to allow complainants a longer period to come forward to make a complaint; to ban the use of non-disclosure agreements to silence victims, to avoid intimidation and to allow the PCRC to know why complaints are being withdrawn, and so on and so forth.
I want to emphasize that this bill is incredibly important. We have heard repeatedly that the existing complaints process is not working and that we need something that exists outside the confines of the RCMP Act. Finally, for the CBSA, the remaining law enforcement agency that is under federal jurisdiction, we need to bring those two important agencies under the jurisdiction of this new PCRC.
To conclude, we are happy to offer our support to Bill C-20. It is about time that we got this bill across the finish line for important transparency and accountability for the people of Canada. I hope the Senate treats this bill with the urgency that the people demand of it.
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- Jun/4/24 9:25:20 p.m.
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Mr. Speaker, the member raises a lot of good reasons as to why it is important that this legislation ultimately passes. I know he is very familiar with the rules and procedures, in terms of what actually takes place. There is a significant number of pieces of legislation, not to mention other government motions and so forth. It would have been nice to have been be able to see this passed, given that all members seem to be supporting this legislation, including the Conservatives, yet it has been difficult to get it passed, and without the support of the NDP on time allocation, this bill would not pass.
I wonder if the member could provide his thoughts in regard to why it was important that we bring in the time allocation in order to get the bill passed.
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- Jun/4/24 9:26:11 p.m.
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Mr. Speaker, I am not going to let the Liberals off the hook there.
I do want to note that there was an incredible gap, not only between the second reading and when the public safety committee reported the bill back to the House, but also between that date and where we are today. Absolutely, the NDP agrees that it is an important bill. That is why we are happy to support time allocation, but again, the government has great power in this place in terms of how it schedules orders of the day, and we agree that there were some very important pieces of legislation that we wanted to see passed, but I do not think there is much of an excuse to the people who are directly affected by the proposed bill to see the delays that were put in existence by the government.
As such, I am not going to explain that away. I think the Liberals owe an explanation, not only to Black racialized Canadians, but also to the indigenous people who live in this place called Canada.
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- Jun/4/24 9:27:17 p.m.
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Mr. Speaker, my colleague spoke at length about the whole issue of systemic discrimination. Before the commission was created, complaints were handled on a more individual basis, making it impossible to see the big picture. We can only hope that the new commission will be able to identify trends and make reports and recommendations to prevent systemic inappropriate behaviour from happening in the future.
Does my colleague believe that this will really have such a positive impact? Is there anything that could have been added to ensure that this big-picture vision actually leads to recommendations on needs and on corrective action when necessary?
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- Jun/4/24 9:28:11 p.m.
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Madam Speaker, I agree. I think that this is a real opportunity to collect that macrodata because I ultimately think that all good government policy has to be informed by good, solid data. That is not to say that we are not unaware of the complaints that have existed with both the RCMP and the CBSA. I think those are both very well documented, but again, I think through the formation of this commission, through the proposed act of Parliament, we would have that formal legislative body that sits above both of those agencies and would have those formal legislative powers that we, in the House of Commons and in the Senate, have given it to actually go further than what we already know by anecdotes and media reports, and the existing complaint mechanism.
I would agree with that member. I think there is a real opportunity. I think the legislation would allow us to collect that better data to inform better government policy going forward.
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- Jun/4/24 9:29:31 p.m.
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Madam Speaker, I want to commend my fellow colleague for giving a speech in which he appropriately holds the government to account, and he did not mention the official opposition once, but he appropriately placed relevant criticism at the feet of the government for its delay in bringing the bill forward.
As such, I do not have much of a question, but I have more or less a comment to thank the hon. member for appropriately holding the government to account for its negligence in waiting so long to bring the bill forward.
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- Jun/4/24 9:30:11 p.m.
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Madam Speaker, I would like to thank my colleague for that comment. It goes to show the nimbleness and power of the NDP. On the one hand, we are able to force the Liberal government to bring in things such as dental care and pharmacare, but at the same time we can hold it to account for its shortcomings on legislation like this. I am glad my Conservative friend can finally see that and show it publicly here in the House.
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- Jun/4/24 9:30:44 p.m.
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Madam Speaker, it is a bittersweet moment for me to rise on this important legislation.
It is not a secret that in indigenous communities particularly there is a need for accountability when it comes to the dramatic actions of the RCMP and its direct negligence of its purpose to ensure peace and security for so many, which oftentimes fails indigenous people.
The most important piece to this legislation in the minds of many indigenous people is the aspect that would replace the existing Civilian Review and Complaints Commission, or the CRCC, for the RCMP and establish a new stand-alone and independent commission. This is an incredible testament to the immense work of indigenous people and advocates, including that of the missing and murdered indigenous women and girls inquiry, which had its five-year anniversary just yesterday. Its report was blunt in its assessment, stating, “The RCMP have not proven to Canada that they are capable of holding themselves to account”.
This opportunity has been a long time coming, and I am very honoured to rise to speak to this issue, but also to highlight the stories of survivors who have had to endure pain and suffering inflicted upon them by the RCMP. It is my hope that, through this legislation and the implementation of this independent review committee, we would see the systemic change that is so desperately required for the victims who have had the immense courage to come forward. Members can imagine being attacked by a police officer, then overcoming the immense difficulty of telling that story, to oftentimes be met with a recommendation that goes nowhere. The report is put on a shelf, gathers dust and more pain grows. When we see no action or accountability for those who do harm, it creates an injustice. That injustice, in turn, creates a massive failure not only of policy-makers, but also of society.
In a 2013, a Human Rights Watch report entitled, “Those Who Take Us Away”, examined 10 towns across the north of British Columbia and documented numerous reports of RCMP officers violently assaulting indigenous women and girls, or arresting them when they called for help. I ask members to imagine that for a moment: calling out for help and being met with an arrest. These reports included attacks by police dogs, strip searches by male RCMP members, violent punches and attacks, and the use of pepper spray and tasers, which eventually injured them during these arrests. I would remind members that these were people who were calling the RCMP for help. Particularly disturbing are the numerous accounts of rape and sexual assault by RCMP members. In response to an investigation into this, women reported that officers had told them “no one will believe you”.
It was not that long ago in Manitoba where we saw a terrible instance of a police officer by the name of Officer Theriault, who took an indigenous woman out of a cell to “pursue a personal relationship”. His supervisor, in turn, mentioned how wrong it was, but insisted that the officer could do “whatever the [eff]” he wanted with her. This is simply unacceptable.
The time for the RCMP to do what they want in an unfettered fashion is over. I am very honoured and pleased to know that my colleague from Cowichan—Malahat—Langford has done the work necessary to make what has been a very difficult journey for so many, particularly indigenous women, possible. I also thank members of all parties, the Bloc Québécois, the Conservative Party and, of course, the Liberals for what I hope to be unanimous support for this bill.
However, I want to mention how important it is to recognize one of the calls for justice brought forward by the national inquiry. Call for justice no. 9.1 is “to acknowledge that the historical and current relationship between Indigenous women, girls, and 2SLGBTQQIA people and the justice system has been largely defined by colonialism, racism, bias, discrimination, and fundamental cultural and societal differences.”
Canada is a young country. We are still reeling from the effects and the ongoing participation of colonization by institutions that were built to do just that. The RCMP was first founded as a paramilitary group in recognition of the paramilitary group created in Ireland to attack the Irish people. It was replicated here in North America as a way to clear the plains when Sir John A. Macdonald so infamously wanted to bind this country together with two bands of steel, albeit bloody ones.
The RCMP, formerly known as the North-West Mounted Police, was charged with the very difficult, but also sad, job to displace so many people, and they used the immense tools of genocide to do it. We know this from accounts of survivors, particularly a member of the Métis community, a famous elder known as Maria Campbell. It is very difficult for me to mention this story because she is quite a revered elder and someone many Métis people and many indigenous people across the Prairies look up to. She revealed just a few years ago that she was forced by her publisher to edit out her recounting of being raped by an RCMP officer at the age of 14. He had simply dragged her into the bedroom of her own house, where a few RCMP members had come to hassle the family about alleged poaching.
It is very clear: RCMP sexual abuse of indigenous women and girls is an open and well-known secret across indigenous communities, still today. Even a 2014 Public Safety Canada report acknowledged this problem, when one service organization reported that the police “either rape you or arrest you. The cause is racism and discrimination.”
These are the stories of indigenous women who have long stewarded our nation. They are proud women who carry our stories, our languages and our traditions for thousands of years in this place. To be met with such violence and indignity is a shame and one that must be rectified. Albeit, this bill would do a very small part, but a necessary part, in making that a reality.
In my home province of Alberta, just a few months ago, in the small community of St. Paul, where my niece goes to school, a 33-year-old constable with the RCMP detachment, stationed in the northeast community, was arrested and charged with child sexual exploitation offences. He was suspended with pay.
This is not justice. This is not the kind of Canada that so many labour for. This is not the kind of Canada that so many people do everything they possibly can for their children to be raised in a safe environment, knowing that these atrocities continue and it could be them next. It scares me.
I should mention that it is not every day that this chamber is unanimous in support for doing what is right, but I am so pleased to know that today it is. I am proud to know that New Democrats will be voting in favour of this bill to bring in a much-needed level of civilian accountability and to bring justice to the many victims who deserve it.
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- Jun/4/24 9:40:45 p.m.
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Madam Speaker, I listened to my hon. friend's speech and he recounted some truly horrifying instances of abusive action by police officers against individuals, in particular individuals from marginalized communities. I want to affirm the importance of noting and reflecting on those instances of abuse.
I would also contend that I think it is important to include, as part of this conversation, that the vast majority of police officers go to work every day with good intentions to protect our communities. Indeed, the role of police officers is important in protecting all of us, particularly in protecting marginalized communities that would otherwise be at greater risk of violence. Further, I would say that efforts to defund the police undermine the role of police in our society and have made people less safe and have made marginalized communities, in particular, less safe.
Does the member agree with me that, in confronting these instances of abuse, we also need to affirm the work that the vast majority of officers are doing, which is working hard to keep all of us safe?
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