44th Parl. 1st Sess.
June 4, 2024 10:00AM
- Jun/4/24 6:53:28 p.m.
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Madam Speaker, it is very clear, certainly from the news, that there is a need for independent oversight. The National Inquiry into Missing and Murdered Indigenous Women and Girls called for systemic change, particularly relating to calls 9.1 to 9.11.
It is not shocking to me. We know there is systemic racism in policing. We know it is not effective for police to police themselves. To the minister, why do you think the Conservatives are so against addressing systemic racism in both the CBSA and the RCMP, which has been highly reported, including at the United Nations?
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- Jun/4/24 6:54:30 p.m.
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Madam Speaker, the member identifies something that we have acknowledged: the presence of systemic racism in policing institutions and other governmental institutions. It is a concern that we share with her.
Again, one of the constructive elements of the work done by colleagues at the committee, including the House leader of the New Democratic Party, was the ability to collect race-based data and to look at the issues around overrepresentation of racialized people and indigenous people in the criminal justice system. Sadly, in many cases, the entry point for many of these people in the criminal justice system is interactions with the police or conceivably the Canada Border Services Agency. That is why it is important that the appropriate people be appointed to this oversight group to ensure that exactly the kind of concern that our colleague from Winnipeg Centre raises is addressed at the highest levels and with the utmost vigour.
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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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Madam Speaker, it is such an honour to rise and talk about this subject matter, as much of what is happening with Bill C-20 relates to the calls for justice that came out of the National Inquiry into Missing and Murdered Indigenous Women and Girls.
Before I start, I have to honour the work of the member for Cowichan—Malahat—Langford, who is a true diplomat. He is able to work across party lines, even with parties that are not co-operative, to make things better for people. The member has been an ally for indigenous people and BIPOC people, who have formed the basis for the need for this piece of legislation.
I was not shocked when we heard stories from the member for Edmonton Griesbach. He spoke of the assault of a 10-year-old by the RCMP. The member for Edmonton Griesbach spoke about an incident in Manitoba where an indigenous woman was taken to a home to pursue a relationship, with the permission of the sergeant on duty. This is unconscionable. Also, although not the RCMP, the City of Winnipeg is under investigation for several deaths of mostly indigenous and Black people in Winnipeg. When people have that much power without oversight, there is a problem.
Let us not forget the history of the RCMP. Historically, the RCMP's purpose was to apprehend little children from their communities and ship them to and incarcerate them in residential schools. The whole history of the RCMP's relationship with indigenous peoples in this country has been marked with violence. In particular, indigenous women, girls and gender-diverse people have experienced excessive force, rape, beatings and sometimes death at the hands of the RCMP.
I find it shocking that the member for Saskatoon West, who has a high indigenous population in his area, is not standing up for his constituents. Turning a blind eye to systemic racism has resulted in the ongoing crisis of murdered and missing indigenous women and girls. There are often reports of total neglect and either overpolicing or underpolicing by police forces, as noted in calls for justice 9.1 to 9.11.
I have hope because I sit on the FEWO committee with women from across party lines who listen openly, can work through differences and spend time learning about matters that do not personally affect them. The fact that there are members of this House who do not see a need to protect all people in their community speaks to systemic racism and the racism even in the House of Commons.
I am glad that all members in the House are voting in favour of this bill, although games were played when members tried stalling and changing the short title. Supporting this bill is necessary.
I want to read comments from the Feminist Alliance for International Action about the RCMP. It said:
The evidence of systemic discrimination and violence against women perpetrated by the Royal Canadian Mounted Police is shocking, and it is growing. The RCMP’s culture of misogyny, racism and homophobia, identified by the Honourable Michel Bastarache in his report Broken Dreams, Broken Lives, affects not only the treatment of women who are employed by the RCMP, but also the treatment of the women whom the RCMP is intended to serve.
Canada cannot have a credible National Action Plan on Violence against Women, or a credible National Action Plan on Missing and Murdered Indigenous Women and Girls, until we confront the deeply entrenched misogyny and racism in the culture of the RCMP.
An independent, external review of the RCMP, its practices, structure and future, is needed now.
Some members do not see the urgency here, even though all members of this House have agreed to implement all the calls for justice, many of which relate to policing and the failure of police to act. Those were not my words. Those words came out of the Feminist Alliance for International Action.
I can tell members, as I am an indigenous woman in this country, that growing up, we were not taught that police were a safe place to go. We were not taught, should a loved one go missing, experience violence or be in situations of violence, that going to the police was safe. It is no wonder that in our study at FEWO about what is needed to implement a red dress alert system, one of the biggest calls is for overall oversight that is led by indigenous women, girls and 2SLGBTQQIA+ people. That includes police services. When we go missing, nobody looks for us, but certainly the RCMP officer in northern Manitoba looked for an indigenous woman in her jail cell, took her home and assaulted her. He found her there. That is why we need oversight.
Arguments about some good apples and some bad apples are not relevant. This system is not working the same for all people, particularly BIPOC individuals: Black, indigenous and people of colour. We deserve to be treated with respect by systems that have been put in place to protect us. However, the very systems that have been put in place to protect us perpetrate violence against us on our spirits, on our bodies and in the erasure of our lives when our loved ones go missing.
How can we see change? I am talking about “we” as an indigenous woman. How can we feel safe if the very systems that are supposed to be there to protect us instead rape us, hurt us, ignore us and disregard us? Whether it is on the front lines peacefully assembling with axes, chainsaws and guard dogs; walking in the streets going to our jobs; or being harassed and sexually harassed by police officers, we need oversight. I have experienced this, with police officers scoping me out on Facebook after I reported a car incident.
I am glad everybody in the House is supporting this bill. I want to thank the member for Cowichan—Malahat—Langford once again for his leadership and diplomacy in making sure that all people are treated with dignity and safety in this country.
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- Jun/4/24 10:18:09 p.m.
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Madam Speaker, absolutely, we need oversight to deal with systemic racism in policing, as well as other systems. I know that there is concern about me talking about colonial violence but there is a lot of racism, with all due respect, that persists in the House, an erasure of history. There is the fact that we are talking about residential schools and people are chuckling on that side of the House, including the member for Sherwood Park—Fort Saskatchewan.
I will not refrain—
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Madam Speaker, I am happy to speak tonight to Bill C-20, an act establishing the public complaints and review commission.
As we have heard, the bill seeks to establish a stand-alone statute to create the public complaints and review commission, the PCRC, to serve as a robust independent review body for the Royal Canadian Mounted Police and the Canada Border Services Agency. It proposes to build on the expertise of the Civilian Review and Complaints Commission, which currently serves as the complaints and review body for the RCMP. This work would continue under the PCRC. It would increase transparency and accountability on the review body's mandate, which will also be extended to the Canada Border Services Agency.
Bill C-20 responds to a long-standing gap in the public safety civilian review framework by ensuring an external review process for the CBSA, as there is currently no mechanism to request an independent review of public complaints against the agency.
We have before us a much-improved bill that raises the bar of the quality of law enforcement review in Canada. This is due in no small part to the quality of the interventions by members and witnesses at committee.
During its study of Bill C-20, the Standing Committee on Public Safety and National Security heard from various stakeholders, including indigenous leaders, union representatives, academics, and civil rights and society organizations. I am pleased to note that all were generally supportive of this initiative. I therefore take this opportunity to thank the members of SECU, witnesses and stakeholders, who all contributed to advancing this important legislation.
In particular, I would like to thank Heather Campbell, a commissioner with the Calgary Police Commission, who spoke to the need for improved data collection and analysis in policing. Data is key to identifying and developing responses to systemic issues in Canadian law enforcement.
I also wish to highlight the testimony of members of the Association québécoise des avocats et avocates en droit de l'immigration. Their testimony highlighted the need to ensure that third parties can submit complaints to the PCRC and to guarantee that information shared with complainants is also shared with legal representatives.
Aided by these testimonies, the committee made several amendments that improved Bill C-20, strengthening the complaints and review process through increased accountability and transparency, as well as providing further clarity to make it more accessible to all.
I would now like to highlight some of the most impactful changes made to the proposed legislation by the committee.
To build further trust in federal law enforcement, it is imperative that complainants be able to recognize themselves and their communities in the PCRC, including among members of the commission. Thus, it bears repeating that one of the committee's main contributions is the inclusion of a clause that would require the Minister of Public Safety to take into account the diversity of Canadian society when he or she recommends to the Governor in Council the appointment of a PCRC member.
The committee also made amendments to increase transparency around the complaints and review process by requiring the PCRC to incorporate additional elements in its annual report, such as demographic data on complainants. This amendment will be key to supporting our efforts to identify and respond to issues of systemic racism within law enforcement, as well as boosting public confidence in our institution.
A third amendment that received strong support from all committee members is one that would provide the PCRC with the autonomy to best determine how it should fulfill its complaints and review mandates. More specifically, this amendment removed a PCRC obligation to consider whether it has sufficient resources to conduct a specified activity review, also known as a systemic investigation.
I will quickly remind my hon. colleagues of what the two main activities of the PCRC would be. Members of the public, be they Canadians or not, would be able to make a complaint against an employee of the RCMP or the CBSA regarding their conduct or level of service. Should a complainant not be satisfied with the RCMP's or the CBSA's investigation at first instance, they would have the right to request that the PCRC examine the organization's findings regarding their complaint.
In addition to the review of complaints, the commission would also conduct systemic investigations of non-national security RCMP and CBSA activities to ensure that those activities are in line with legislation, policies, guidelines and procedures.
These specified activity reviews are essential. They would allow the PCRC to identify and investigate systemic issues that exist within these organizations, such as use of force and harassment, and to develop recommendations for the RCMP and the CBSA. These recommendations would also support the development of solutions to systemic matters and could contribute to cultural changes within our law enforcement.
These amendments would give the PCRC increased flexibility to identify and develop recommendations around broader, more systemic issues within the RCMP and the CBSA. Giving the PCRC more autonomy on how to fulfill its mandate also aligns with other review bodies, such as the National Security and Intelligence Review Agency, or NSIRA.
A fourth amendment made by SECU, or the committee, would improve co-operation between the PCRC and review bodies such as NSIRA. Indeed, the committee voted in favour of government-introduced amendments that would allow the Minister of Public Safety to create regulations around the sharing of information, referral of complaints and joint proceedings between federal entities. These regulations could be made to improve work between review bodies and to ensure no complaint is misplaced.
The committee also adopted amendments that would leave no ambiguity about who can make a complaint, as well as ensuring that the process remains accessible to both members of the public and stakeholders. More specifically, Bill C-20 now clarifies that third parties can submit complaints and request that the PCRC initiate a specified activity review.
I know that hon. members on the other side want to hear about this. The committee made an amendment to clarify that the information related to the handling of complaints can also be shared with the legal representatives of complainants.
Again, I commend the important improvements made by the hon. members of the committee. They have listened to concerns from stakeholders and have contributed to improving on what is already a robust transparency and accountability mechanism.
Let us not forget why the bill is so crucial. The CBSA is the only agency under the public safety portfolio that is not subject to an external, independent complaints and review mechanism. The legislation fulfills our government's commitment to establish an independent review body for the CBSA; it would respond to important transparency and accountability gaps and increase public confidence in the RCMP and the CBSA.
Furthermore, this initiative also responds to several recommendations, notably those made in the Mass Casualty Commission's report and SECU's report on systemic racism in policing.
In my belief, not only would the bill have a positive impact on public interactions with our law enforcement agencies, including at the border, but it is also essential to public trust and the rule of law.
I note that my hon. colleagues on both sides of the House have demonstrated their support for the legislation. I therefore urge them to vote with me in favour of this important bill.
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