44th Parl. 1st Sess.
November 3, 2022 10:00AM
moved that Bill C-20, An Act establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments, be read the second time and referred to a committee.
He said: Madam Speaker, I am honoured to open up the debate on second reading of Bill C-20, an act establishing the public complaints and review commission and amending certain acts and statutory instruments.
I would like to thank the members of the Standing Committee on Public Safety and National Security for their important review of systemic racism in the enforcement of the act.
By creating a new public complaints and review commission, the bill would provide new tools to ensure transparency and accountability of the institutions Canadians rely on to keep them safe, to keep them safe in their communities through the work of the Royal Canadian Mounted Police and to keep them safe by protecting our international borders through the work of the Canada Border Services Agency. Canadians depend on these public safety organizations, but, at the same time, want assurances that these organizations will use the powers that have been entrusted to them responsibly.
Canadians have a right to consistent, fair and equal treatment when interacting with RCMP and CBSA officers. If members are not acting appropriately, Canadians naturally want and deserve assurances of a thorough review of these actions and consequences for any officer who engages in misconduct.
This is a fundamental principle of our democracy.
Our democracy depends on the principle of trust and confidence in our institutions, including law enforcement institutions. Independent civilian review overseeing is an essential element to that principle. This bill underscores it by creating an independent body that will strengthen transparency and autonomy through the independent review exercises of this new body.
Independence assures that Canadians can have their concerns taken seriously. The bill also underscores that principle. That is why this is stand-alone legislation rather than simply amending either the RCMP or CBSA Acts.
Currently, under the RCMP Act, an independent review and redress process is provided for by the RCMP through the CRCC, or Civilian Review and Complaints Commission. Current cases under the CRCC will be continued under the public complaints and review commission, or the PCRC, under the bill before us. The CBSA, on the other hand, currently has no independent review and redress process.
It is subject to review by various independent boards, tribunals and courts.
Without a dedicated review body, there is no avenue for independent investigation or review of public complaints against the CBSA.
The government has tried twice previously to address this shortfall by creating a review body for the CBSA. Some colleagues will recall that in 2019, our government introduced Bill C-98 and then in 2020, Bill C-3. Those pieces of proposed legislation sought to add CBSA review to the mandate of the existing CRCC, but both died on the Order Paper.
This issue has remained a priority for our government.
The 2020 Speech from the Throne included it in our agenda. The creation of a review body for the CBSA was of top priority and a component of the mandate that the Prime Minister gave to me when I took on this role in December of 2021.
It is time to give Canadians the accountability they deserve.
In the bill before us, the CRCC would be replaced by the new public complaints and review commission, which would continue to review the RCMP and would also become the independent review body for complaints concerning the CBSA.
The bill contains several mechanisms that would strengthen accountability beyond what has been available under the current CRCC for the RCMP. After engaging and listening to Canadians across the country, we have made significant reforms to the regimes proposed under Bill C-98 and Bill C-3 previously. We listened and we acted.
Therefore, in addition to creating a stand-alone law, other changes have been made.
This would subject the RCMP and CBSA to codified timelines. We heard complaints from Canadians regarding the RCMP's, at times, delayed response to reports from the CRCC. This time around, we are getting it right. The RCMP and the CBSA will have six months to respond to the PCRC's interim reports. They must also respond to certain reviews and recommendations of the PCRC within 60 days.
Second, the RCMP and the CBSA will be required to report annually to this office, the Minister of Public Safety, on their progress in implementing PCRC recommendations.
The third major change responds to a mandate the Prime Minister gave to me to combat systemic racism and discrimination in the criminal justice system, and advancing reconciliation with indigenous peoples. This is a critically important priority, especially at this time in our history.
Over the past number of years, in Canada and around the world, we have had necessary conversations about the presence and existence of systemic racism in law enforcement about the disproportionate mistreatment of Black, racialized and indigenous peoples across the country. It is high time that we act.
It is vitally important that this review system shed light on how to address these issues more fully.
Under the bill before us, the PCRC would collect and publish desegregated, race-based data on complainants in consultation with the RCMP and the CBSA.
I want to thank the chairperson of the CRCC, Michelaine Lahaie, and her colleagues for their advice and their vision on how the review process can become an essential tool to help not only understand systemic racism, but to eradicate it once and for all.
The fourth major change introduced in the bill would provide the PCRC with a public education and information mandate. The PCRC would implement programs to increase public knowledge and awareness of the PCRC's mandate and the right to redress.
Finally, the bill would address a gap in the current accountability and transparency regime involving how the CBSA responds to incidents of a serious nature.
These incidents can result in death or serious injury or violations of federal or provincial law.
The CBSA currently conducts its own internal reviews of such matters, but the bill before us would amend the CBSA Act so that the CBSA would be obligated to conduct such reviews. It would also need to notify both the PCRC and the police of appropriate jurisdiction.
The CBSA would also be required to provide the PCRC with reports and other information of serious incidents. The PCRC would have the authority to send an observer to assess the impartiality of these internal investigations. As part of its annual report to this office, the PCRC would also include the number, types and outcomes of serious incident allegations.
Taken together, these five changes represent a major step forward in the accountability and transparency mechanisms governing both the RCMP and the CBSA. The PCRC will be given the tools that it needs to help balance Canada's public safety and security priorities, as well as respect for the rights of the individuals with which they intersect.
To support the establishment of the commission, the government is investing $112.3 million over six years and $19.4 million ongoing. By creating an enhanced independent review body, the public complaints and review commission will help assure Canadians that they can continue to expect consistent, fair and equal treatment under the law when receiving services from the RCMP and the CBSA.
I urge all hon. members of the House to join me in supporting this important bill.
This is so Canada can assuage Canadians' concerns by creating greater transparency, oversight, and trust and confidence in our law institutions.
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Madam Speaker, I want to thank my colleague for her work on the Standing Committee on Public Safety and National Security. I am proud to be part of a government that believes in transparency.
The commissioner of the RCMP's testimony repeatedly before the Standing Committee on Public Safety and National Security, other committees and her upcoming appearance before the Public Order Emergency Commission is a vehicle to ensure that we are shining a light so there can be accountability when it comes to not only law enforcement's role, but, indeed, to the government's role with regard to our interactions when it comes to upholding public safety.
At the same time, I want to encourage my colleague and all the members of her Conservative caucus to support the bill, if my colleague believes in transparency and accountability and she sees the work we have put into Bill C-20, which would set up enhanced rigour around civilian review so there can be accountability for which she advocates. By supporting the bill, we are taking a step in that direction, so all Canadians can have trust and confidence in their institutions, including in the RCMP.
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Madam Speaker, I appreciate my colleague's concerns that while we enhance civilian review for the RCMP, we are also walking the path of reconciliation. I want to assure him that, as part of my broader mandate, we are taking concrete steps to diversify through better recruitment and retention of indigenous peoples within the RCMP, within the CBSA and within all frontline agencies that work within the public safety community, so indigenous peoples see themselves reflected in the institutions that are there to keep them safe. As my colleague will know, we are also making huge strides when it comes to stabilizing and enhancing first nations and indigenous policing right across the country.
He will know that recently we worked with our colleagues in Alberta to set the foundational framework to bring back a Siksika Nation police service. We recently have worked with our colleagues in Saskatchewan to put in place the money that is required to invest in similar steps taken for the Prince Albert, including the James Smith Cree Nation community should it choose to do that, so that we see more indigenous-led policing initiatives across the country. We have also recently created the position of a Correctional Services deputy commissioner for indigenous affairs. There is so much work that we still need to do.
I look forward to working with my colleague when it comes to reconciliation and public safety.
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Madam Chair, as I am inclined to say whenever it comes to questions of working with committees and their independent study of bills such as this one, I will always keep an open mind. However, I want to underscore that the focus of this legislation is, of course, to give Canadians greater access when they have concerns about the conduct or potential misconduct of the RCMP and, I do want to highlight, the CBSA. This is one of the major vacuums this bill addresses.
Right now, as the law exists, there is no independent civilian review of the Canada Border Services Agency. In my many conversations with communities across this country, including ethnic communities, religious communities, racialized communities and indigenous peoples, on their interactions with the CBSA, they have called for this legislation.
To the credit of the CBSA, it has also called for this legislation, and to the credit of the CBSA and the president of the CBSA, they embrace this legislation and understand that we need to continue to push forward with reforms. They understand that those reforms have to be done in conjunction with civilian review, so we can enhance transparency and accountability, as an extension of the public confidence we need to have in our institutions.
Of course, I do look forward to continuing a dialogue with my colleague on the work of the committee as well.
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Madam Speaker, of course, I would begin by extending my sympathies and condolences to the families who lost loved ones while they were in custody or in any interaction with law enforcement. This is one of the reasons it is so important that we put this legislation forward, because, as a result, any individual who has a concern about the conduct of the RCMP or again, for the first time, the CBSA, would have a tangible, practical vehicle through which we can ensure that there would be accountability.
The mechanisms built into this bill would also require that incidents that are of a significant nature are, first of all, being carried out through internal investigations where the public complaints and review commission could have some oversight, but in addition to that, the separate processes that would be carried out by the PCRC itself. Therefore, taken together, this is about raising the bar when it comes to transparency and accountability as a means of strengthening public confidence in our institutions, which is a hallmark of our democracy.
When we consider all the challenges we face with regards to public safety, it is important, now more than ever, that we spare no effort and are exhausting all of our efforts to ensure that we have all the mechanisms in place to maintain those pillars when it comes to our democracy.
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Madam Speaker, I have spent the better part of the last 20 minutes listening to my colleague's intervention, hoping that we would hear more about the substance of the bill itself. I will come back to my question for my colleague across the aisle.
I will be the first person to stand up in this House and defend the incredible work that is done by law enforcement every day when it comes to keeping the public safe across the community. The investments that we have put into place, the technology, the resources and, frankly, the work of the Canadian Institute of Public Safety Research and Treatment, which is a group we met with just a couple of days ago, is proof of all of the supports that we will invest in our law enforcement so that they can carry out their work.
The purpose of today's debate is Bill C-20 and I think my colleague, if she were to be candid with this chamber, would acknowledge that there were very few comments with regard to the substance of the propositions around reporting, discipline, recommendations and all of the things that will enhance civilian review so that there can be public confidence in our institutions, including the RCMP and the CBSA. Where does the member stand on the specific merits of this bill?
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- Nov/3/22 3:08:34 p.m.
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Mr. Speaker, protecting the public from the threat of foreign interference is precisely what Canadians have mandated our government to do. I want to assure her and all members of this chamber that the RCMP are actively investigating these alleged so-called Chinese police stations. I also want to assure members that any harassment, intimidation or coercion by a foreign power will be investigated and appropriate charges will be pressed independently by police.
Finally, Canadians can rest assured that we will continue to make investments in our national security apparatus, which the Conservatives cut the last time, because we have—
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