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Decentralized Democracy

House Hansard - 124

44th Parl. 1st Sess.
November 3, 2022 10:00AM
Context: House Hansard - 124 - Nov/3/22
Ms. Raquel Dancho (Kildonan—St. Paul, CPC)
  • Nov/3/22 1:36:17 p.m.
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  • Re: Bill C-20 
Madam Speaker, I am pleased to put some words on the record concerning Bill C-20, an act establishing the public complaints and review commission and amending certain acts and statutory instruments. This is certainly something that the Liberals have talked about, I believe since the 2015 election. There has been about seven years where this has been in the making. It has been a very long time that they have been talking about doing this, and finally we are there. There are aspects of the bill that the Conservatives are interested in, particularly given that this bill reviews the public complaints and review commission, which of course is renaming itself from the Civilian Review and Complaints Commission. What exactly does that do? It would ensure that there is a complaints review process for everyday Canadians should they have an issue with the RCMP, and in this case, because of this bill, with the CBSA. It is very important that we are able to hold any sort of law enforcement accountable in our democracy when we provide very large powers— I am sorry, Madam Speaker, but perhaps the Liberal members would like to have their conversations in the lobby?
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Context: House Hansard - 124 - Nov/3/22
Ms. Kristina Michaud
  • Nov/3/22 3:51:48 p.m.
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  • Re: Bill C-20 
Madam Speaker, I thank you once again for your intervention. I really appreciate it. As I was saying, there is a serious labour shortage at the Canada Border Services Agency right now. I am sure everyone will agree that this is true pretty much everywhere. According to the union president, this could be contributing to some of the problems that exist at the moment. The president would like the new body that deals with complaints, the infamous commission we are talking about, to also deal with misconduct on the part of managers, not just employees. He noted that if a complaint points to a systemic problem in the organization, the commission should address that problem rather than directing everything to the one person with whom the traveller interacted. He also noted that CBSA staff are often forced to work mandatory overtime and sometimes deal with hundreds of people a day, which can also contribute to the tension. The bill amends the Canada Border Services Agency Act to provide for the investigation of serious accidents that involve not only employees but also CBSA officers. I think this is positive enough to address the concerns of Mr. Weber, the union president, about systemic problems that may exist within the agency. Bill C‑20 would also allow the new commission to recommend disciplinary processes or the imposition of disciplinary measures in relation to individuals who have been the subject of complaints. In my opinion, this is a clear step forward that can help restore the CBSA's image and public confidence in the agency. It also provides for the investigation of serious accidents involving officers and employees of the CBSA. One thing that seems particularly important to me is the opportunity to review the activities of the Canada Border Services Agency in general. The commission will be able to present its findings and make recommendations to which the RCMP and the Canada Border Services Agency must respond in writing. This commission will be made up of civilians, not former members of the CBSA or the RCMP, which will ensure that the commission's decisions are not tainted or biased. The bill also requires the RCMP commissioner and the president of the Canada Border Services Agency to submit an annual report to the Minister of Public Safety about what their organizations have done that year to implement the new review commission's recommendations. The minister must table the report in the House of Commons and the Senate within 15 days. The bill would also provide for an awareness campaign to inform travellers of their rights, which I think is great. I think that the best way to inform people of their rights is through this type of campaign. I applaud the fact that this is in the bill. It is important to implement a clear process because, unfortunately, there has been a lot of abuse in the past. However, the process also needs to be accessible and easy to use. Bill C‑20 proposes a process that seems a bit long and complicated. There is a good chance that most people would drop it before reaching the end of the process. Take for example an officer who makes a sexist or racist remark to a traveller. For most travellers, it might be more complicated to file a complaint with the Canada Border Services Agency, wait for a response and refer the complaint to the review board than to simply let it go. We will have to see in committee whether the approach set out in Bill C-20 is appropriate or whether changes need to be made. However, we agree that the process itself is necessary. In 2019, Mary Foster, from Solidarity Across Borders said, and I quote, “We have enough experience to know that making a complaint to the CBSA about the CBSA doesn't really lead anywhere”. Having the option of challenging the findings of an investigation is therefore essential to maintaining public trust. It is important to remember that the CBSA has a lot of power, including the power to detain Canadians, search them and even to deport people. In its legislative summary of the bill, the Library of Parliament mentions the case of Maher Arar, a dual Syrian Canadian citizen who was detained by American authorities in 2002 during a layover in New York as he was returning to Canada from a trip to Tunisia. They deported him, and he was then detained and even tortured in a Syrian prison for nearly a year. He was questioned by the FBI and the New York police without being allowed to contact a lawyer or even make a telephone call. That is what led Justice O'Connor, who I mentioned earlier, to propose the creation of a new civilian agency to oversee the activities of both the RCMP and the CBSA. Some will say that it is a rather extreme case, but the number of investigations of misconduct by border officers increased significantly in 2020 despite the dramatic reduction in international travel due to the pandemic. A Radio-Canada article reported the following: The misconduct consisted mainly of preferential treatment...or lack of respect for clients, among other things. The Canada Border Services Agency says it conducted 215 "founded" investigations of its officers in 2020, compared to 171 in 2019....The 200-plus investigations pursued last year resulted in 170 officers being reprimanded, largely with temporary suspensions. Just eight officers have been fired since 2018. One officer [for example] was let go for interfering in the immigration process. The internal investigation found that the officer tried to help an immigration lawyer by illegally removing flags from a client's file and issuing a temporary residency permit. These are rather serious allegations. Other officers were dismissed for belittling clients, making inappropriate comments toward co-workers, abusing their authority or sharing private CBSA information. Complaints with allegations of harassment and sexual assault have also been filed. Again, these are rather serious complaints made to the CBSA. This shows once again the importance of having an independent and external oversight body for the CBSA. I spoke earlier about searching travellers' electronic devices. There have also been cases where some travellers have had their privacy invaded. Customs officials obviously have the right to search the content on digital devices, but they must put the devices in airplane mode. On this point, Commissioner Daniel Therrien said, “The agency and its customs officers did not follow acceptable practices for handling the personal information of Canadian citizens re-entering the country”. According to the commissioner, “Officials must provide written reasons for searching devices.” In one reported case, an officer shredded handwritten notes three days after the commissioner's investigator called. In another case, a customs officer allegedly photographed the contents of a digital device, which is prohibited, while another looked at a traveller's bank statements, after she was forced to open her banking institution's app. I could go on and on, but I think I am running out of time. I am pleased that the Minister of Public Safety heard me say that he will be able to count on the Bloc Québécois's support to move this bill forward. I look forward to studying it in parliamentary committee.
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