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Decentralized Democracy

House Hansard - 324

44th Parl. 1st Sess.
June 4, 2024 10:00AM
Context: House Hansard - 324 - Jun/4/24
Mr. Frank Caputo (Kamloops—Thompson—Cariboo, CPC)
Madam Speaker, it is always a pleasure to rise on behalf of the people from Kamloops—Thompson—Cariboo. I really appreciate the opportunity to rise in this place. I was telling people recently what an honour it is to be just a kid from North Kamloops rising in the House of Commons as the child of immigrants. I know that some of the Assistant Deputy Speaker's heritage is from Europe, just as mine is. There was a flag-raising just today recognizing my Italian heritage, which I am incredibly proud of. Unfortunately, I was elsewhere this morning dealing with the Auditor General's report, but I do recognize that. One of the things that I am always mindful of is the people I grew up with, and someone I grew up with is Jackie Fouillard, or Jacqueline. Her mom, Clara Fouillard, passed away recently. I just read about the obituary tonight, so I want to extend my deepest condolences to Jacqueline and her brother Desmond on the passing of Clara. May perpetual light shine upon her. I also want to recognize the life of Bernard “Bernie” Worsfold. He is the grandfather to my nephew, and he recently passed away after a long battle with Alzheimer's. Obviously, this is very difficult. It is a difficult disease. I was just at the walk for Alzheimer's. My condolences go to Bernie's family. May perpetual light shine upon him. As to Bill C-20, which is what we are here to discuss, the bill started in the 42nd Parliament, wherein it died, languishing in the Senate. It was again introduced in the last Parliament as Bill C-3. We had a prorogation. There was a prorogation that was obviously before my time, and I know the Liberals have made a lot of noise about the fact that the previous Harper government prorogued. Interestingly enough, in this case, when it comes to electoral manoeuvres, the Liberals called what I would call a vanity election, though some people called it a pandemic election, hoping for the majority that they so ardently desired. Obviously, that did not work out. Now, unfortunately, we do have the NDP, in its confidence and supply agreement, that has supported them, which brings us here to today in the 44th Parliament, nine years after this promise was made. Like with so many bills we debate in this House, and it is unfortunate, we deal with things that go wrong. Sometimes we will have motions and those motions will say, “we exhort the government to do this” or “we are establishing a strategy to do this”, and that is something positive, but so often here we are dealing with negative things. This is when things go wrong, and tonight is obviously no exception, because we are dealing with alleged misconduct in some cases, or misconduct that has been proven in other cases. It would be great if we never had to deal with this from our frontline peace officers, but the reality is that we do. Sometimes, simply put, things go poorly. This leads me to question, obviously, what the standards are that we expect from our professionals. I am speaking, namely, of our frontline police officers and our frontline CBSA officers. I remember when I was teaching a sentencing course not long ago, before I came to Parliament, that I was always struck, whenever the accused person was a peace officer and they had committed a criminal offence, how different the reaction was from the students. I found that my classes were generally very compassionate when it came to sentencing. They were very measured and typically quite fair in their sentencing proposals. Yet one thing that always struck me, especially when it was a peace officer but sometimes when it was somebody who is in authority or a position of privilege, was that the students would often want to really reflect that when much is given much is expected or, in other words, that there should be harsh penalties, and that is something that I have not forgotten. When we do have people who are in authority, we have to expect the highest order of ethics from them just as we ought to expect that from people in this House, whether it be how they act in the House, how they act outside the House or what they say within this place. I would be remiss if I did not recognize that so many of our peace officers do a good job in what they do. My experience is that, generally, people do their jobs; generally, they do it without any sort of prejudice and, at the end of the day, most of them just want to get home. They have families, just like many of us do in this place. So often, as a former trial lawyer, I would see how easy it is to dissect a split-second decision. Therefore, I do not envy the position that peace officers are in, but they do have substantial responsibility and substantial accountability. With that being said, the CBSA does not yet have an external review commission, which this bill aims to amend. This legislation would rename the Civilian Review and Complaints Commission for the RCMP to the “public complaints and review commission”. This commission would also be responsible for reviewing civilian complaints against the CBSA. As I understand it, this commission would have five members, which would include a chair, a vice-chair and three other members, and my hope is that these would not be just typical patronage appointments. One of my greatest criticisms of the current government has been that so frequently, when it establishes a commission or a board or something like that, the government just gets bigger and bigger. I see that it would have only five members and I really urge the government here to not simply appoint people who have had long-term Liberal memberships and have donated to the Liberal Party, as we have so often seen. One of the things that I noticed in this bill are the codified timelines for responses. Now, the Jordan decision came out almost a decade ago now, which is hard to believe. That was a case that interpreted the charter right to trial within a reasonable time. Therefore, I am happy to see, if memory serves, that the reasonable time for a complaint made under this proposed piece of legislation would be six months. In my view, that is eminently reasonable, given the circumstances. It would be wonderful if it could be down to one to two months, but that is not always going to be the case. One other thing that I believe this bill gets right is the informal resolution process. One thing I can recall, as a former lawyer, is that people often are angry. They might be angry with their lawyer or their accountant or, in this case, with the way somebody treated them for a variety of different reasons. We have spoken a lot tonight about racism, in this House. What I have found is that people generally want to be heard. They want their complaint to be heard. They want their feelings to be listened to and to be validated. What I have seen, in my experience anyway, is that a lot of these complaints can be informally resolved. That is why I was happy to see that clause 43 of this legislation has an informal complaint resolution process. I also see at clause 46 that the commission could take over and prevent any agency or police force from continuing on investigating a complaint, in which case perhaps other people have used a hybrid method. We were talking at SECU today about the proposed commissioner for transparency for foreign interference and the transparency registry and the importance of having independence in that regard. I really do reiterate how important that independence is. It would require that the complaints commission institute an investigation if it is in the public interest to do so. I know that sometimes reasonable people can disagree on what that is, but my hope is that the government would appoint the appropriate people to the commission, who would serve the public well in determining when that public interest is there. We expect a lot from our professionals and as a result we need independence.
1409 words
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