44th Parl. 1st Sess.
November 22, 2022 10:00AM
Mr. Speaker, there were a few minutes left in my speech on November 3 just before the Deputy Prime Minister took the floor to present her economic update.
Members will remember that, at the time, the House of Commons was all abuzz and everyone was eager to hear the Deputy Prime Minister’s speech, so I have a feeling that not many members heard what I had to say.
I will take this opportunity to review certain points that explain the Bloc Québécois’s position on Bill C-20. I began by announcing that the government had our support for the first reading of the bill. This is a second attempt for me in my speech today, but it is the third attempt for the government in its introduction of the bill.
In fact, the government has been trying to legislate on this issue for several years. Members will remember Bill C-3, introduced in the 43rd legislature, and Bill C-98, introduced in the 42nd legislature. I hope that the third time is the charm, and that Bill C-20 will be able to survive the entire democratic parliamentary process so that we can provide the Canada Border Services Agency and the RCMP with a truly independent external review commission.
The community has been asking for this for many years now. More than 18 years ago, in 2004, Justice O’Connor recommended the creation of an independent process to manage public complaints against the CBSA. The CBSA is the only Canadian public safety agency that has no external commission enabling the general public to file a complaint if they suffer any harm.
We know that this has happened in recent years. Many newspaper articles have reported on the fact that Canadian citizens returning home or leaving the country have suffered abuse by border services officers. Obviously, the point of my speech is not to put border services officers on trial. They usually do a very good job but, as in every organization, there are cases of abuse. We therefore need to enable the public to file complaints and allow these complaints to go through the necessary process to see whether anything can be done and whether these complaints should be reviewed.
Of course, there is a complaint process within the CBSA, but we know that self-investigation is never particularly effective. When complaints are dealt with internally, we often need to make access to information requests to find out what was the outcome of these complaints. Moreover, we know what happens with access to information requests these days. As my colleague from Trois-Rivières mentioned, the government “is so transparent that we can see right through the pages”. That is what he said about the 225 blank pages sent by Health Canada in response to an access to information request.
It would be a very good thing to have this process finally in place. As I said earlier, the community has been asking for this for many years. The Customs and Immigration Union gave its opinion on the bill. It asks that the review commission deal with not only misconduct by officers, but also any systemic problem that might come from higher up in the chain of command. That way, the problem could be investigated and complaints could be filed against managers and not just officers. The union really wants the entire chain of command to be looked at and, if there is a problem, officers should not be the only ones who are reprimanded for complaints filed with the commission.
What is also interesting about the bill is that it requires the minister of public safety to present an annual report informing the House and Canadians of what public safety agencies have done to implement the recommendations made by the public complaints and review commission. The commission would be able to issue recommendations to the department, and the minister would be accountable to the public and to complainants.
I mentioned earlier that border services officers have great power. They can detain and search Canadians and even deport people.
The legislative summary of Bill C-20 mentions the case of Maher Arar, a Syrian Canadian citizen who was deported, imprisoned and tortured in Syria. This was the result of a communication problem between Canadian and U.S. border services. Mr. Arar was questioned by the FBI. We realized that there might be a problem and that complaints were not being followed up on. That might have prevented this sort of thing from happening.
The number of investigations rose in 2020 compared to 2019. I do not have the figures for 2021 or 2022. Some 250 investigations of officers were conducted by the Canada Border Services Agency following complaints. For example, it appears that some officers interfered in the immigration process, while others attempted to assist immigration lawyers by illegally removing items that might raise questions from certain files. Still others apparently made disparaging comments about clients or inappropriate comments about colleagues. Some are said to have abused their authority. There were also complaints about harassment and sexual assault. These complaints are serious, and they demonstrate the need to create a thorough, independent complaint process. This will allow people who have been harmed by border services officers to have some recourse and keep informed.
Once again, the government can count on our support to improve this bill and pass it as soon as possible.
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Madam Speaker, I completely agree with my colleague.
I think this sends the right message to the public. It is a message that might restore public confidence in the country's institutions. We know that, both for the Canada Border Services Agency and for institutions in general, the public has lost confidence in public safety institutions and agencies in Canada, and even in elected officials.
Bill C‑20 will bring in mechanisms that will enable people to follow the complaint process and see the results. It is all well and good to file a complaint, but if it is never mentioned again and nothing comes out of it, then it serves no real purpose, and that does not show that people have been heard. I think this sends a rather positive message.
This could have been introduced sooner, but we are glad it is before us today.
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Madam Speaker, I thank my colleague, with whom it is a pleasure to work on the Standing Committee on Public Safety and National Security.
What an excellent proposal. I believe it is important that all bodies be representative. We often hear that our parliaments should reflect the people they represent, that there should be as many women as men, that there should be a lot of young people and members of minority groups. It is therefore important that the people representing us reflect the population.
I think that the same principle applies here. If there are certain categories of people more likely to be affected, they should be represented on the commission. As I was saying earlier, when agencies investigate themselves, we rarely get results. If we can appoint anyone we want to the commission, we will end up with a flawed process. It would be interesting to propose an amendment that would allow some of the more affected groups to sit on the commission.
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Madam Speaker, I thank my colleague, who raises a very good point.
As I was saying, this is our third attempt. Let us hope this is the one. In the past, the government tried to legislate on this issue, but the bill always died on the Order Paper because it was never given priority. There were always more important bills to be debated. That is unfortunate.
Let us hope that, this time, it will be given priority. We hope to be able to adopt this bill. Justice O'Connor's decision that proposed the creation of the commission was handed down 18 years ago. The Liberals have been in power for seven years, which was obviously more than enough time to legislate. That being said, if we look at the time frames, the Conservatives were also there for a few years when Justice O'Connor made his ruling.
I think everyone shares the blame. Let us hope that the House will agree to legislate on this issue quickly, which appears to be the case. There appears to be a certain consistency in the parties' positions. However, the government still has to decide to keep the bill on the agenda so that it can be quickly studied in committee.
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Madam Speaker, I hope so.
I do not have the figures or the details about the complaints filed in recent years, but I imagine that the degrading comments made about certain people involved gender or nationality. We want to avoid this at all costs.
Once again, I do not want to put border services officers, who do an extraordinary job, on trial. There is a shortage of officers right now, and I think they are doing their best, but that does not give them the right to go places we do not want them to go. That does not give them the right to make degrading comments or abuse their power, which has happened in recent years.
Let us hope that the bill will help resolve these issues. Let us make sure that the commission remains independent, and that the complaint process goes smoothly. If it takes people months or years to get a response after they file a complaint, we may find that the commission is not doing much good after all, so let us ensure that it is truly useful for Canadians.
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Madam Speaker, I thank my colleague for his kind words and for his comments.
I am in perfect agreement with him. It is discouraging, and it is difficult not to become cynical when you look at the procedural wrangling in Parliament. Bills that are important to Canadians die on the Order Paper because the government decides not to give them priority or because the opposition decides to filibuster. For a thousand and one reasons, we never get anything done.
I hope that we will be able to adopt this bill. Last week, despite our best efforts, we adopted Government Business No. 22, which extends sitting hours. Let us hope that the government will find another window for this bill on the agenda. Perhaps it will not have to and we already have all the hours we need. What we want is for the bill to be sent back to committee for study and then sent to the Senate for adoption. I think that Justice O'Connor and all Canadians have been waiting a long time.
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Mr. Speaker, I thank my colleague for her speech. She cited many examples of past complaints to the Canada Border Services Agency. I know that there have been complaints about sexual harassment and even about sexual assault. These are serious complaints.
As my colleague said, when an agency investigates itself, there is little chance of a result or a reply to the complainants.
I wonder whether she believes that the creation of this independent commission will ensure that this does not happen again, as we hope, but also that people who file complaints for important reasons, such as sexual assault, will get to see the process lead to corrective action.
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- Nov/22/22 2:40:07 p.m.
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Mr. Speaker, the Minister of Environment has a lot of explaining to do when it comes to the role Canada played at COP27. He personally did everything in his power to prevent a line about the importance of phasing out all fossil fuels from being included in the final declaration.
The minister has changed a lot since his Greenpeace days, but surely not to the point where he would deny the fact that the only solution to climate change is to reduce our use of oil and gas.
Why did he fight to prevent the countries from recognizing that obvious fact?
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- Nov/22/22 2:41:27 p.m.
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Mr. Speaker, Canada's performance at COP27 was disappointing on three fronts.
First, the Prime Minister did not even attend. Second, Canada invited the oil companies to sit at the head table. Third, the Minister of Environment prevented countries from talking about the importance of phasing out oil and gas.
What grade would our climate champion have given a Canadian government that behaved in this way, back in the old days?
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- Nov/22/22 2:42:38 p.m.
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Mr. Speaker, Canada got a failing grade at COP27. Next up is the biodiversity conference, COP15. What happened in Newfoundland while the minister was in Egypt? Five oil companies got the green light for oil exploration in a marine protected area. Canada does not even allow fishing in that area in order to protect biodiversity, but it is allowing companies to drill into the seabed to find more oil.
What credibility does it have to talk about biodiversity at COP15? Is this conference already doomed to fail too?
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