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Decentralized Democracy

House Hansard - 132

44th Parl. 1st Sess.
November 22, 2022 10:00AM
  • Nov/22/22 3:16:35 p.m.
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It being 3:15 p.m., pursuant to order made on Thursday, June 23, the House will now proceed to the taking of the deferred recorded division on the amendment of the member for Calgary Forest Lawn to the motion at second reading stage of Bill C‑32. The question is on the amendment. May I dispense? Some hon. members: No. [Chair read text of amendment to House]
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  • Nov/22/22 3:29:42 p.m.
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  • Re: Bill C-32 
I declare the amendment lost. The next question is on the main motion. If a member of a recognized party present in the House wishes the motion to be carried on division or wishes to request a recorded division, I would invite them to rise and indicate it to the Chair.
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  • Nov/22/22 3:29:42 p.m.
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Mr. Speaker, I would request a recorded division, please.
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  • Nov/22/22 3:42:00 p.m.
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  • Re: Bill C-32 
I declare the motion carried. Accordingly, the bill stands referred to the Standing Committee on Finance. The Speaker: I wish to inform the House that because of the deferred recorded divisions, Government Orders will be extended by 24 minutes.
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  • Nov/22/22 3:43:37 p.m.
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  • Re: Bill C-27 
Mr. Speaker, I am rising to add to this morning's point of order raised by the NDP House leader concerning the application of Standing Order 69.1 to Bill C-27. In general, we have reviewed the hon. member's submissions and concur with them. That said, there are a couple of additional citations I want to put before the Chair for your consideration. I will not repeat the arguments, because you already have them before you, Mr. Speaker, but we do agree that the measures proposed in part 3 of Bill C-27 are significantly different from and unrelated to parts 1 and 2 such that they warrant a separate vote at second reading. As my NDP counterpart articulated, the purpose of parts 1 and 2 of the bill concern privacy protections, the powers of the Privacy Commissioner and the establishment of a new government tribunal. Part 3, meanwhile, would create a whole new law respecting artificial intelligence. The mechanisms under the minister and department's powers are completely unrelated to those in parts 1 and 2. That last point is significant in view of another aspect of the March 1, 2018, ruling of Mr. Speaker Regan, which my colleague cited. Allow me to quote your predecessor, Mr. Speaker. Mr. Regan said: As each of the first two parts of the bill does indeed enact a new act, I can see why the hon. member for Berthier—Maskinongé would like to see each one voted separately. However, my reading of the bill is that the regimes set out in part 1, the impact assessment act, and part 2, the Canadian energy regulator act, are linked in significant ways, reflected in the number of cross-references. For example, the impact assessment act provides for a process for assessing the impact of certain projects, but contains specific provisions for projects with activities regulated under the Canadian energy regulator act. There are also obligations in the Canadian energy regulator act that are subject to provisions in the impact assessment act. Given the multiple references in each of these parts to the entities and processes established by the other part, I believe it is in keeping with the standing order that these two parts be voted together. Deputy Speaker Bruce Stanton also encountered a similar situation in his June 18, 2018, ruling at page 21,196 of the Debates. Unlike the case that I quoted just now respecting the pipeline-killing former Bill C-69, Bill C-27 does not feature any significant or intertwining cross-references. In other words, Speaker Regan found that the two parts should be voted on together because of all the intertwining and cross-referencing in so many parts, and one part mentioning and referencing items in the first part. This is not the situation we have today with part 3 of Bill C-27. In fact, part 3 of Bill C-27 does not explicitly cross-reference the personal information and data protection tribunal act, which part 2 would enact. Furthermore, there appears to be only one single, tiny, solitary cross-reference to the consumer privacy protection act, which part 1 would enact, and that is solely for the purpose of proposing a definition of personal information, which would be common to both of those laws. That is certainly not enough to warrant any kind of grouping when it comes to votes. Part 3 is completely separate. It is its own independent section. There is not anywhere near the level of cross-referencing and intertwining that previous Speakers have ruled are justification for deciding not to have a separate vote. Therefore, it is clear in this situation that Bill C-27, should you, Mr. Speaker, agree with the arguments, should be dealt with in such a manner that there can be a separate vote on part 3. Standing Order 69.1 is a relatively recent innovation. It has only been in the last number of years that Speakers have been given the authority by the House to separate aspects of bills for separate votes. I will read it: (1) In the case where a government bill seeks to repeal, amend or enact more than one act, and where there is not a common element connecting the various provisions or where unrelated matters are linked, the Speaker shall have the power to divide the questions, for the purposes of voting, on the motion for second reading and reference to a committee and the motion for third reading and passage of the bill. The Speaker shall have the power to combine clauses of the bill thematically and to put the aforementioned questions on each of these groups of clauses separately, provided that there will be a single debate at each stage. If we think about the context in which this standing order developed and was ultimately passed by the House, it was to allow members more flexibility and latitude to make their votes count on various aspects of the bill. It is important to think about why the House decided to adopt this measure. There had been, over the course of several Parliaments and across different governments at various times, more and more subject material being included in bills, and this was done at the time to give members the option of voting in favour of some aspects of a bill and oppose others and to clarify for their constituents and Canadians which parts of a bill they supported and which parts of a bill they opposed. The reason I am talking about this context is I do not believe that at the time, the rationale and impetus for the inclusion of this measure in the Standing Orders was meant to be terribly restrictive. The whole point of the standing order was for it to be more permissive to allow greater latitude and flexibility. This is a relatively new innovation that has only been used a small number of times, and in parliamentary terms certainly a very small number of times, and I believe it would not be in keeping with the spirit and intent that was guiding members when we adopted it to start off, early on in its new use, with being very restrictive, because things around here tend to go in one direction and powers or flexibilities accorded the Chair over time often get more and more rigid as rules and precedents develop around them. If the Speaker were to adopt a very restrictive interpretation of this standing order, I believe it would take away the point of this innovation, as it was proposed. I do not believe it would take a permissive interpretation of the standing order to agree with my hon. colleague from the NDP and the points that I raise here today. It is very clear that these parts are separate. Part 3 of Bill C-27 is completely independent, stands on its own and is not related, intertwined or cross-referenced in earlier parts of the act. I only mention the point about restrictive interpretation as one further point to urge the Speaker to consider what the spirit, intent and purpose of this innovation was meant to do, which was to allow members to clearly differentiate which parts of legislation they support and which parts they do not. I would urge you, Mr. Speaker, to keep that in mind as you study the arguments that were put before you. I hope you will find in our favour and allow members to vote separately on part 3.
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  • Nov/22/22 3:51:57 p.m.
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  • Re: Bill C-27 
Mr. Speaker, I will add to the what the hon. opposition House leader said on the point of order. We should understand a key point of difference in this bill. Parts 1 and 2 deal with the privacy of an individual's personal information and the powers of the Privacy Commissioner to review breaches of it and impose penalties, as well as the creation of a new tribunal. That is all related to an individual's personal privacy, whereas part 3 is about regulating an entirely new industry that has nothing to do with the Privacy Act and the replacement of PIPEDA in artificial intelligence. It gives all the regulatory, administrative, investigative and penalty power to the minister and has no connection whatsoever to the Privacy Commissioner or the new tribunal that the government would create. I add that for the Speaker's further consideration.
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  • Nov/22/22 3:53:05 p.m.
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  • Re: Bill C-27 
I thank the hon. members for their input. I will take it into consideration when making my ruling.
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  • Nov/22/22 3:54:06 p.m.
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  • Re: Bill C-20 
Mr. Speaker, I want to thank the hon. member opposite for his speech on Bill C-20, an act to enact the public complaints review commission. This is going to include not only the RCMP, but also the CBSA. When we are talking about the CBSA, I think it is also very appropriate to ask whether the CBSA is properly financed and resourced for the demanding work we expect of it in stopping the smuggling of guns coming across the border. It is one thing to hold officers to account for misconduct. We should also expect them to be properly resourced so they can do their work. I wonder if the member could comment on that.
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  • Nov/22/22 3:54:56 p.m.
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  • Re: Bill C-20 
Madam Speaker, I am not sure how this question in particular relates to this piece of legislation. This legislation was specifically about bringing in oversight and review bodies to look at the work of the CBSA and the RCMP and to respond to the complaints out there. When it comes to properly resourcing our individual agencies and departments, yes, we have an obligation to do that and provide them with resources so they can deliver on our expectations and what we are asking them to do. I think it goes without saying, as I believe every member of the House would agree, that providing the proper resources is absolutely critical, in this case to the CBSA and the RCMP.
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  • Nov/22/22 3:55:41 p.m.
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  • Re: Bill C-20 
Madam Speaker, I am happy to join my voice to the debate on Bill C-20, an act to establish the public complaints and review commission. This commission would replace the current Civilian Review and Complaints Commission for the RCMP. It is more than just a change of name. There is also change of provisions. The commission would have an expanded role to also receive and deal with complaints on the activities of the Canada Border Services Agency, or the CBSA. This hits home to my home community of Langley because my community has the RCMP as its police force and is a border community, with a border crossing between the Canadian town of Aldergrove and the American town of Lynden. Many people in my community have friends and relatives in Washington state. I am one of them. Four of my grandchildren live in Lynden, Washington, which is just a 45-minute drive from my home in Langley, not counting the time we might need to wait at the border, which is sometimes a long time and sometimes very short. In the hundreds of times I have crossed the border from Aldergrove into Lynden, I have never had a bad interaction with anybody from the CBSA. I can say the same of the RCMP, not that I have had that many interactions with members of the RCMP, but any that I have had have always been good and positive. I have the highest regard for people who work for both agencies. Our police officers and border security guards are at the front line of public safety and we owe them a debt of gratitude. I think of Burnaby RCMP Constable Shaelyn Yang, who was stabbed to death on October 18, just over a month ago, trying to save a homeless man's life. Constable Yang was attending at a city park along with a bylaw officer from the City of Burnaby to serve an eviction notice on a person who was camped in a public park. On approaching the scene, Constable Yang noticed there was evidence of the man overdosing. She entered into the tent with a naloxone kit. She did not come out alive. I did not know Constable Yang at all, but I know people who did know her, who worked with her, who trained with her and who loved her. Her death is a reminder to her colleagues, and indeed to all of us, that working on the front line, whether it is with the RCMP or other police services in Canada, is dangerous work. To all police officers and other frontline workers, I thank them for their service to their communities. We owe them a debt of gratitude. We are grateful for their service. It is in this context that I now want to join the conversation about complaints against the RCMP. During my time on the Standing Committee on Public Safety and National Security, I have heard from many witnesses about the failings of the RCMP and other police services across the country. Last year we studied alleged systemic racism in the RCMP. It was an exhaustive study. It was an exhausting study. There were 19 meetings. We heard from 53 witnesses. The study resulted in a report of 125 pages and 42 recommendations. We heard from community organizations providing services to or advocating for indigenous communities. We heard from academics working in the fields of law, law enforcement and social services. We heard from people working with people suffering mental health and addictions. As well, of course, we heard from representatives of various police services. Whether there is racism in policing in Canada was the question we were tasked with. The first job, as always, is to define our terms. One of our witnesses, Alain Babineau, a law enforcement consultant, social justice advocate and former member of the RCMP gave us a working definition. Quoting Senator Sinclair, he said, “Systemic racism is when the system itself is based upon and founded upon racist beliefs and philosophies and thinking and has put in place policies and practices that literally force even the non-racists to act in a racist way.” I have met many police officers. I have a family member who is a RCMP police officer. I went to law school with several former RCMP officers who then went on to become lawyers and with whom I have formed lifelong friendships. I have colleagues who have had full careers in law enforcement prior to coming to the House. I attend church with several people who are RCMP officers, and I can assure the members that not one of them is racist. They are all honest, hard-working people and law-abiding citizens who have, at heart, nothing but the best interests for their communities, neighbours and country. Our report at the public safety committee was not about whether individuals within the RCMP are racist. The evidence is clear that we do have societal problems. It is not a problem of just the RCMP, the CBSA or the Vancouver Police Department. The problem is in our society. When we think about racism, we might be tempted to point fingers at others, at the fathers of Confederation and at residential schools and say it was not us. We may think about our ancestors' role in slavery and say it was not us. We were not there. A little closer to home, we might talk about the Chinese head tax and say it was before our time. Even a little closer to home, in Vancouver, we might think about the Komagata Maru incident, when law enforcement agencies turned a ship around and sent it back to India. To make it current, we could point the finger at the RCMP, but finger pointing is not going to get us anywhere. It is certainly not going to help us find solutions to racism. We recognize that we are all part of society. We are all a product of our shared history. We are all in the same boat, so to speak, but the good news is that we are all also part of the solution. It is in that context that I hope people would read the report from the public safety committee, and I hope they do read it. The report is simply called “Systemic Racism in Policing in Canada”. Here we are today, talking about Bill C-20, an act to establish the public complaints and review commission. This draft of legislation is backed up by the report that I just talked about, that our public safety committee tackled last year. I mentioned that the report contains 42 recommendations. Five of those 42 deal with what we call, under the current legislation, the Civilian Review and Complaints Commission. Evidence we heard at committee made it clear that we have a problem. The current review and complaints structure is dysfunctional, and it needs to be fixed. Witnesses raised concerns about the transparency of the disciplinary process from the RCMP. For example, we heard from Professor Christian Leuprecht of the Royal Military College. He suggested that the RCMP should be required to make public all disciplinary decisions. That goes to transparency. Professor Samuels-Wortley of Carleton University pointed out that transparency is required in the disciplinary processes for police who engage in misconduct to ensure public confidence in the system. We want to know what is going on. Alain Babineau and the hon. Michel Bastarache suggested that the RCMP does not appear to be capable of addressing discrimination within the organization itself, suggesting that change must come from the outside. All of this evidence, presented to the public safety committee, brought us to 42 recommendations. I am going to highlight just three of them. The first recommendation was that the Government of Canada should clarify and strengthen the mandate of the Civilian Review and Complaints Commission, or the public complaints commission. We were not contemplating then that the whole commission would be revamped and given a new name, but so be it. This would include creating statutory timelines for a response by the RCMP commissioner to reports coming from the commission and requiring that the commission publish its findings and recommendations. It all goes to transparency. The second recommendation was that the Government of Canada should increase accessibility and transparency by simplifying the process for initiating a complaint. The third recommendation was to allow for a meaningful engagement of indigenous participation in the complaints commission. Let us not forget that the study was about whether there was racism in the RCMP. Can Bill C-20, the legislation we are talking about, answer those challenges? The answer is, in large part, yes. The legislation creating the new PCRC, the public complaints and review commission, which in many ways mirrors the existing commission, would require the establishing of timelines for dealing with complaints. That was one of the concerns we heard at committee. It would also require implementing education and information programs so the public can better understand the process, something else we heard complaints about at committee. It outlines how complaints would be submitted, investigated and reviewed, and that there would be an annual report to the minister, who would then submit it to Parliament. That report is to include information about whether service standards are being met, the number of complaints and data about the complaints, so we can develop policy based on good, reliable data. There are a lot of details in the bill also about what information the commission might encounter that would be treated confidentially to protect complainants and for security purposes. There is information about the hearing process and the powers the commission will have, the powers of the superior court of record, including the power and ability to be able to subpoena witnesses and order them to give evidence. The commission will also have the ability to recommend disciplinary action, but not to carry it out. The legislation appears to be straightforward at achieving its objectives. We will be supporting this draft bill at second reading, and I look forward to a deep dive at committee into its details, and to listen to experts. When we are talking about police oversight, which is the police policing themselves, and border staff oversight when possible discipline might happen, we need to ask the question whether these agencies are properly resourced to do their work. We know that police services across the country are facing a recruitment and retention crisis, like almost every sector in our economy. We have a shortage of new people coming into the police services at the same time that older people are leaving, and all at the same time that we are demanding more from our police services. Police recruitment is down and crime is up. There has been a 32% increase in violent crimes since 2015, when the current Liberal government took office. There were 125,000 more violent crimes last year than there were in 2015. Therefore, crimes rates are going up, and we are expecting more from our police services. We need to make sure they are fully resourced. We have similar statistics for the CBSA. There is a shortage of workers. People are retiring, with not enough people coming in, and there is a higher demand with respect to their work. Another study we recently completed at the public safety committee was about guns and gangs. We learned that most firearms used in violent crimes in Canada are handguns smuggled in from the United States. One of our witnesses stated the obvious. We live beside the largest gun-manufacturing society in the world, and we share the longest undefended border with it. This presents a big challenge for us, and we expect a lot from our CBSA to intercept the guns that are being smuggled into our country. It is not an easy problem to solve. I know we are talking about Bill C-20, but I want to make a quick reference to Bill C-21. Bill C-21, which would make owning a handgun in Canada illegal, or more illegal than it already is, is not going to solve the problem because the people who are committing violent crimes are already illegal gun owners, to state the obvious, so C-21 does not add much value. It certainly does not keep Canadians any safer. It just further stigmatizes legal gun owners and trained and licensed sport shooters who are good and honest citizens. Bill C-21 does not help our neighbours, but that is for another day. Today we are talking about Bill C-20, the public complaints and review commission. Our report on guns and gang violence recommended that funding for the CBSA be increased. If we are going to enhance a complaints review process for our workers, it is only fair that we make sure they are properly resourced so they can do their jobs properly. Let us also make sure they are adequately resourced with both people and money, so they can do the work effectively. We expect a lot from our border security people. They should expect to receive the full complement of a workforce, financial resources and tools to do their job effectively. I want to take the opportunity to say thanks to CBSA workers, including many who live in my riding of Langley. We live on a border. There are several land border crossings, and I have a lot of friends who work in one or other of those border crossings. I want to talk about something else that touches on the police. Our safety committee met with Mr. Justice Bastarache, formerly of the Supreme Court of Canada. He presented his report to us a couple of years ago in the 43rd Parliament, entitled “Broken Lives, Broken Dreams”. This retired judge was tasked with the unenviable task of distributing and disbursing court-awarded money under the so-called Merlo Davidson Settlement Agreement to victims of sexual harassment within the RCMP. Merlo and Davidson were the two named plaintiffs in that case. The judge's report is a stinging rebuke of a culture of sexual harassment within the RCMP. It starts with these words: For more than 30 years there have been calls to fix sexual harassment in the RCMP. The report then goes on to talk about the 3,086 claims over that 30-year period. He and his staff conducted 644 interviews with victims. At the end of all his work, they awarded some compensation to 2,034 victims. It is widespread. It is not a good situation. As I read through the report, I wondered whether my pride in our national police force was misplaced. In our discussion with Mr. Justice Bastarache at committee, I related a story from my childhood, when my parents took me and my siblings to the RCMP Musical Ride. My parents were new immigrants from the Netherlands, and they told us that one of the things they were very proud of about their new country was that we could be proud of our police force, something that is not true, sadly, for every nation in the world. Mr. Justice Bastarache told me that in his opinion it was still appropriate for us to be proud of our RCMP service. It has a proud history and it is redeemable, but in his opinion it would require outside resources, outside influences, because the RCMP could not reform itself. I will be voting in favour of Bill C-20 at second reading, for it to go to committee for a deep dive, a line-by-line review. There, I will be looking not only for how the RCMP interacts with the public, who expect the police to keep them safe and to do no harm, but also for how this legislation would steer us towards improving the internal culture of this agency, the RCMP, that we all want to be proud of.
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  • Nov/22/22 4:15:15 p.m.
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  • Re: Bill C-20 
Madam Speaker, it is very encouraging to see the support that is coming forward for this legislation. Earlier today, prior to question period, we had a very clear indication of support, whether it was from the government, obviously, which is proposing the legislation, or support coming from the New Democrats, the Bloc party, or even the Green Party members for the legislation. It has become very clear that the Conservative Party is going to be supporting the legislation. I would like to think that given the type of support it is getting from the House, there would be a willingness to see it go to committee, given that we have had a great deal of opportunity over not only months but years to have that discussion, both informally and formally, inside the chamber and outside. I know the standing committee is anxious to receive the legislation so it can get down to work on it, listening to the public and so forth. I wonder if the member is in concurrence with me that we should try to advance this, even if it means getting support to sit tonight. I, for one, would be happy to be here until midnight if there are more members who want to speak to the legislation. Let us see if we can get this legislation passed. Could the member provide his comments on how important it is to pass the legislation?
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  • Nov/22/22 4:16:37 p.m.
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  • Re: Bill C-20 
Madam Speaker, yes, I want to see this go to committee, and I will be voting in favour. I am assuming that our whole caucus will be. However, we often hear this from the member: If we are all in agreement, why do we not just accelerate it through the whole process? The process is important. It was important for me to give a speech today. Even if the member did not think it contributed a lot, members of my community think it does. They want to hear me talking about things that are important to them, and this is important to them. Therefore, I do not think we should be accelerating this needlessly. We need to debate it. That is why we are here.
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  • Nov/22/22 4:17:24 p.m.
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  • Re: Bill C-20 
Madam Speaker, I want to pick up on what my Conservative colleague was saying. His excellent speech shows that, when there are good-quality, well-thought-out bills that people can agree on, then Parliament works very well, and the long series of gag orders supported by NDP are often unnecessary. I would like to hear his comments on that. As my colleague said, this bill needs to go to committee because it is quite ambitious and very detailed. In committee, we should hear from many stakeholders who will be affected by this bill, including unions. Who does my colleague think we should call as witnesses? How useful will the committee be in ensuring that this bill is the best it can be when it gets to third reading?
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  • Nov/22/22 4:18:18 p.m.
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  • Re: Bill C-20 
Madam Speaker, I am looking forward to seeing this bill go to committee for a deep dive, line by line, and yes, we have to hear from experts in the field. The study we conducted at the public safety committee last year gives a good indication of who should be called as witnesses: people who work with indigenous communities, for example. We definitely need to hear from them. People who work in law enforcement, right from one end of the country to the other, should be called, as we need to hear from them. We should probably hear from history, Justice Bastarache, who wrote the “Broken Dreams, Broken Lives” report. He would have something very important to say to the committee. He would be a good addition.
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  • Nov/22/22 4:19:17 p.m.
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  • Re: Bill C-20 
Madam Speaker, of course the NDP thinks it is a good idea, as I do, that this bill pass. The CBSA is the only major law enforcement agency in Canada without an independent review mechanism to oversee the bulk of its activity. That is an oversight that needs to be changed. I was interested in my friend's comments about interdiction at the borders, and I have done a bit of research. The port of Vancouver alone, with its four terminals, has 1.5 million containers coming every year. CBSA examines only 50,000 of them. That is about 4%. That means 1,450,000 containers pass through just that one port every year that are not examined by CBSA. The average container ship carries 10,000 containers. If 4% are examined, that means some 9,600 containers per ship are not searched. Therefore, I am just wondering about the member's party's promotion of interdiction as a preferred method of dealing with guns or drugs. Would he not agree with us that there is just no way the CBSA is ever going to have an effective interdiction policy with figures like those?
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  • Nov/22/22 4:20:22 p.m.
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  • Re: Bill C-20 
Madam Speaker, it seems almost impossible. I agree with the member. The task is so large. Most of the guns that are used in a crime in Canada are smuggled in from the United States, not from China, not in containers coming into the port of Vancouver. Maybe some are, but most, like 80% of handguns, are smuggled in from the U.S.A., so let us focus on them. I was talking to some border security people in my riding about the ArriveCAN app, and they said it was a waste of time. They were sitting there looking at their computer screens as cars were driving by, instead of doing what they normally do, which is to look at the person who has their window rolled down, using face-to-face contact and body language. That is the way they are going to interdict illegal things being smuggled in, including handguns.
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  • Nov/22/22 4:21:28 p.m.
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  • Re: Bill C-20 
Madam Speaker, I just want to drill down into the answer the member gave to the member from Winnipeg a couple of questions ago. Can he explain to the House why it is so important that he speak for 30 minutes on this issue? I heard what he said. He said it is important that he express his position on this, but let us just analyze this for a second. He spoke for 30 minutes. If all 118 Conservatives spoke for 30 minutes on this, that would put us in the position of having to debate this bill for literally weeks, if not months, just to get it to committee. Is the member basically saying that occupying all this time for him to give his speech is more important than the legislation getting adopted? Is that what he is saying? In theory, that is what he is saying. He is saying, “I need to speak to this for 30 minutes.” If we let everybody do that, it literally will not go anywhere.
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  • Nov/22/22 4:22:35 p.m.
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  • Re: Bill C-20 
Madam Speaker, I would just reiterate that it is important for me to speak to this. It is important to my constituents that I speak to this. I have been involved with the public safety committee, and I am somewhat informed on the issues, so I think it is completely appropriate for me to speak to this. I am sorry if the member thinks it is not important that Conservative members who want to speak to the issue should be able to.
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  • Nov/22/22 4:23:12 p.m.
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  • Re: Bill C-20 
Madam Speaker, before I begin, I just want to let members know I will be sharing my time with the member for Milton. I am rising today to speak to Bill C-20. It is a bill that would establish “an independent body, called the Public Complaints and Review Commission”, which would “review and investigate complaints concerning the conduct and level of service” of the RCMP and the CBSA and “conduct reviews of specified activities” of the RCMP and the CBSA. The bill also: authorizes the Chairperson of the Public Complaints and Review Commission to recommend the initiation of disciplinary processes or the imposition of disciplinary measures in relation to individuals who have been the subject of complaints; amends the Canada Border Services Agency Act to provide for the investigation of serious incidents involving officers and employees of the [CBSA]; and amends the English version of federal statutes and orders, regulations and other instruments to replace references to the “Force” with references to “RCMP” This is not the first time I have risen to speak about the importance of oversight for the CBSA. We hear very regularly how important oversight is for open and transparent government, and how important it is for us to ensure that Canadians and everybody within the Canadian border has the ability to be treated fairly, the ability to conduct their affairs within a certain decorum of respect, and the ability to enter our country and not be judged based on their shell. As much as I respect the work the CBSA has done over the years and decades with its ability to bring in and to recognize and go through hundreds and thousands of people on a regular basis through over 1,000 ports of entry within our country, I wonder what its impact is on people who may look different, who may have different abilities or who may not speak the same language our CBSA officers speak. It is not a question of whether our CBSA officers are able to contribute and support our borders and our entry points across the country. It is a question of how we are maintaining and supporting the integrity of Canadian values in this country. It is a matter of whether we are ensuring that everybody who comes in has that equality of opportunity and has the due process. As we give discretion to CBSA officers, as they process these intense applications on a day-to-day basis, I ask whether those applications are processed in a manner that is fair, objective and in keeping with the values we hold dear as Canadians. As hundreds and thousands of travellers, permanent residents and citizens cross the border on a daily basis, I wonder about how CBSA officers are ensuring the integrity of the process, and I wonder about the cases that have been missed. I know the news recently has been about a number of refugees from Egypt who came in through the Vancouver port. They were intercepted by CBSA officers and are now alleging that they have been discriminated against. As Muslims who have come in from Egypt, they have been linked to the Muslim Brotherhood, and they have no means of recourse from the CBSA officer who took them in. They do not know what their refugee applications could and would have looked like. They have spent years trying to find a home, having really wanted Canada as their home, and are now in a situation in which they do not know where they belong. Had we installed this legislation at the moment when it was first introduced a couple of years ago, I wonder if they would still be in that same situation. This legislation would give people the opportunity to really delve deep into whether or not their claim, and the way they are treated as they enter into or exit Canada, is fair. It is a way that we, with our Canadian values, would feel respected and proud. I can tell members that I doubt those refugee claimants out of Vancouver who have had dealings with the CBSA without any recourse, and with the way that they have been treated by the CBSA out in Vancouver in those specific cases, feel that they have been treated fairly. However, if there were adjudication, an independent complaints system to listen, take in the facts and understand what had transpired in the case, I doubt those people in Vancouver would be feeling the way they do. I commend each and every member of the CBSA. I know the great work they do in saving lives, going through people day by day, protecting the national security of this country and ensuring that we are secure as Canadians. However, if there is no oversight to the discretionary power given to CBSA officers who are dealing with people on a day-to-day basis, we wonder just how open and transparent we can be. We wonder what equality of opportunity looks like. Canada is a country that is revered across the world. We take in a lot of people who are looking for homes, and we have become the adopted home for hundreds and thousands of people, including me. I wonder how we can improve that process. How can we ensure the entry points to this safe haven that is Canada can be improved? How can we ensure the people who are having to deal with those first officers as they try to enter the country are treated with respect, dignity and without bias regardless of where they come from? An independent oversight body would allow us the privilege of providing that oversight and equality of opportunity to everyone who is seeking refuge within our country. This legislation has been delayed in coming. It is so necessary and important that we include this independent oversight body to ensure our borders are not only protected but also that they are free from the bias, the subjectivity, that our Charter of Rights and Freedoms protects Canadians from on a daily basis. We have to move forward on this legislation, and I am really looking forward to it going through committee and finally receiving royal assent, because I believe this is how we continue to achieve equality of opportunity in our country.
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  • Nov/22/22 4:33:21 p.m.
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  • Re: Bill C-20 
Madam Speaker, I want to thank my colleague for her very interesting speech, in which she explained how the CBSA's existing complaint management system can result in injustice, especially toward certain minorities that may be targeted. Just before that, my colleague from Kingston and the Islands said that, every time someone rises to talk about Bill C‑20, they are just wasting time and delaying passage of the bill. Does my colleague think she wasted our time with her speech?
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