44th Parl. 1st Sess.
May 3, 2024 10:00AM
Mr. Speaker, I would like to start by recognizing and thanking those serving in the RCMP and the CBSA.
Today, we stand at an important moment in the evolution of Canada’s approach to law enforcement and to border security. With the introduction of Bill C-20, we commit to enhancing transparency, accountability and public trust in our institutions.
The creation of the public complaints and review commission, the PCRC, marks a significant advancement in our continuous pursuit of a fair and just society. Let us begin by acknowledging that the essence of law enforcement and border security relies not only on the enforcement of laws but also on the public's trust. Trust is hard-earned and easily lost.
Public trust in law enforcement agencies is fundamental to the stability and the effectiveness of legal systems worldwide. It ensures that citizens respect, obey and support the enforcement of laws, which is critical for maintaining public order and security. When the public trusts the police and other law enforcement bodies, they are more likely to co-operate with investigations, report crimes and adhere to legal directives, fostering a safer community for everyone.
Trust between the public and law enforcement also reinforces the legitimacy of the police in the eyes of the community. This legitimacy is crucial as it underpins the public's compliance with laws, without the need for coercion. People comply because they believe it is the right thing to do, not just out of fear of punishment. Moreover, high levels of trust in law enforcement correlate strongly with lower crime rates. Communities where trust is prevalent tend to have more positive interactions with police, which helps in effective policing and less violent confrontations.
Furthermore, trust in law enforcement is essential for upholding the principles of a civilized society, where justice is seen to be done and is carried out fairly. A lack of trust can lead to a breakdown in civil order, an increase in crime and the potential for civil unrest. Trust ensures a collaborative relationship between the community and the police, which is vital for developing strategies that effectively address local crime and safety concerns.
To maintain this trust, law enforcement agencies must operate transparently and accountably, demonstrating their commitment to justice and fairness in all their actions. The establishment of independent bodies that can oversee, review and investigate law enforcement practices, such as complaints against police conduct, also plays a pivotal role. These measures not only help to prevent abuses of power but also ensure that the public’s concerns are heard and addressed, thus maintaining the essential trust needed for a harmonious and civilized society.
In recent years, public trust in Canadian law enforcement agencies has experienced a noticeable decline. This trend has been influenced by several high-profile incidents involving police misconduct and the broader discussions around systemic racism within law enforcement. These factors have catalyzed public scrutiny and skepticism, prompting calls for greater transparency and accountability.
Restoring public confidence remains a significant challenge and an ongoing priority for Canadian authorities. The current status and trends in American law enforcement can influence Canadian attitudes towards our own police forces. The global nature of media and the Internet means that Canadians are often exposed to prominent news stories and discussions about American police practices, especially concerning issues of police brutality, systemic racism and accountability. High-profile incidents in the United States, such as the killing of George Floyd, have sparked international movements like Black Lives Matter, which also resonate strongly in Canada.
This exposure can impact how Canadians perceive our own police services, leading to increased calls for transparency, reform and accountability within Canadian law enforcement agencies. Even though policing practices and the legal framework in Canada are distinct from those in the U.S., the widespread media coverage of and societal reactions to American law enforcement issues can heighten public awareness and skepticism in Canada as well. Moreover, similar underlying issues, such as racial profiling and the treatment of indigenous peoples and minorities, are present in both countries, further aligning public concerns. As a result, the debates and reforms happening in the U.S. often act as a catalyst for similar discussions and changes in Canadian policing and public policy.
The public complaints and review commission, or PCRC, proposed under this bill would extend its oversight to the Canada Border Services Agency as well as address a long-standing gap in our law enforcement framework. For the first time, both these critical agencies, the RCMP and the CBSA, would be under the same umbrella of independent scrutiny. The government plans to invest $112 million to support the operations of the PCRC. This substantial financial commitment would underscore our dedication to building a robust mechanism that would serve Canadians long into the future.
One of the key features of the PCRC would be its enhanced accountability measures. We would introduce codified timelines that would require the RCMP commissioner and the CBSA president to respond to the PCRC's interim reports, reviews and recommendations within specified periods. This would address concerns about delays in responding to oversight findings and ensure actions are timely and transparent.
Moreover, the PCRC would play a crucial role in addressing systematic racism within our law enforcement agencies as the PCRC would also have a public education mandate. It would not only oversee and review the agencies but also inform and educate the public about the rights and the mechanisms available for redress.
Knowledge is power, and empowering our citizens is a crucial step toward a more engaged and informed community.
Another significant aspect of the PCRC would be its responsibilities in handling serious incidents involving CBSA personnel. This would include the ability to send observers to ensure internal investigations were conducted impartially. This measure would enhance the credibility of investigative processes and increase public confidence in the outcomes.
Furthermore, the PCRC would operate independently, but not in isolation. It would maintain a collaborative relationship with the National Security and Intelligence Review Agency to ensure that national security-related complaints were handled with the requisite expertise and confidentiality.
This legislation is about more than just oversight. It is about reaffirming our commitment to the principles of justice and equity, which Canada holds dear.
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- May/3/24 10:32:57 a.m.
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Mr. Speaker, I fully disagree that racism went up during the last nine years in our government.
What has happened is that there has been recognition of systemic racism. This has resulted in a higher number of complaints, which have been made public. Those have gone up. That is the reason we see an increase in the statistics.
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- May/3/24 10:34:25 a.m.
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Mr. Speaker, our government has indeed made adequate funding provisions for the public complaints and review commission. We have committed about $112 million. This substantial financial commitment underscores our dedication to building a robust mechanism that would serve Canadians long into the future.
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- May/3/24 10:35:49 a.m.
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Mr. Speaker, obviously, the workplace conditions, the working conditions, of all of the men and women in uniform should be included as required.
The member mentioned the delays at the airport, but at the same time, we have seen that the process of going through the airport has been smoother. Obviously, from time to time, depending on the season, depending on the particular day, there might be an overwhelming workload and the conditions have to be improved.
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- May/3/24 10:36:47 a.m.
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Mr. Speaker, this is a very important thing. The more complaints that are handled in a transparent way, the more the agencies, the officers and the executives there would feel accountable, and that is how this would work out.
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- May/3/24 12:54:22 p.m.
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Mr. Speaker, in a civilized society, the security of communities comes not only from the implementation of laws but also from the public's trust in law enforcement agencies. This trust provides stability and effectiveness in any society.
Could the hon. member comment on that particular issue?
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- May/3/24 1:23:49 p.m.
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Mr. Speaker, in any society, the public should have trust in its law enforcement agencies. We cannot maintain security in any community with just the implementation of the laws, but with the very clear involvement of the community, and the community should have trust in the law enforcement agencies.
I would like to ask the member whether he agrees that this bill, through the establishment of this commission, would work towards increasing transparency and helping to build Canadians' trust in our law enforcement agencies.
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Mr. Speaker, it is my pleasure to speak to the private member's bill before us, Bill C-375, regarding federal-provincial agreements in the Impact Assessment Act. We appreciate the member for Louis-Saint-Laurent's interest in the Impact Assessment Act, which plays an important role in sustainable development and economic prosperity in Canada.
We need an efficient and effective review process for clean energy, critical minerals, transportation, and other major projects to keep our economy competitive while creating good, well-paying jobs. We recognize the important role that our natural resource and clean energy sectors play in ensuring the prosperity of our country while meeting our emissions reduction targets. These targets include reducing emissions to 40% below 2005 levels by 2030, a net-zero electricity grid by 2035 and overall net-zero emissions by 2050. An efficient and robust regulatory system is essential to advancing the projects that will help achieve the net-zero targets, and the Impact Assessment Act is an important part of this system to ensure that a clean environment and a strong economy go hand in hand.
While the Supreme Court of Canada provided direction on specific changes needed to the Impact Assessment Act, changes that we recently tabled as part of the budget implementation bill, the court also confirmed the role of the Parliament of Canada to enact impact assessment legislation to “minimize the risks that some major projects pose to the environment”. The court recognized the clear federal role and the clear need for federal impact assessment legislation. In its decision on the Impact Assessment Act, the court underscored the need to exercise cooperative federalism, respecting the authority of each jurisdiction.
The Government of Canada is keen to work cooperatively with every jurisdiction under the Impact Assessment Act. Bill C-375 has been introduced under the veil of provincial cooperation. However, it would result in the provincial assessment process being the only process for projects subject to an agreement. Bill C-375 aims to promote agreements between the minister and a provincial government to exempt potentially wide ranges of projects from the Impact Assessment Act.
The Impact Assessment Act already focuses only on those major projects that are most likely to have the potential for significant adverse effects in areas of federal jurisdiction. Blanket exemptions of these projects from federal assessment without appropriate safeguards does not mean they would be done in collaboration. What it means is that the federal government would no longer have the authority to manage what is clearly its responsibility, with no role in determining the potential effects of a proposed project that are within its own jurisdiction, nor be able to identify ways to mitigate those effects or even decide whether those effects within its own jurisdiction are in the best interest of Canadians. This is contrary to cooperative federalism, which the Supreme Court of Canada encouraged.
The Supreme Court of Canada was clear that we must respect each other's jurisdiction, but we also must work together. By working together in coordinating regulatory processes, we achieve our collective goal of attracting investment and projects that advance a low-carbon economy while protecting the environment and indigenous rights. Co-operation and coordination are central objectives of the Impact Assessment Act to ensure that impact assessments are done as efficiently as possible. The Impact Assessment Act already requires that the Impact Assessment Agency of Canada offer to consult with other jurisdictions on project assessments, both up front during initial planning and throughout an impact assessment. By working together, we can clearly focus federal involvement on those matters that are squarely within federal jurisdiction.
This provides process certainty and reduces duplication during project reviews. The Impact Assessment Act includes tools that allow for coordinated assessments, delegation of aspects of the federal impact assessment to another jurisdiction, joint review panels and substitution, where a provincial process can replace the federal process.
These legislated tools reflect the flexibility needed for co-operation; they can be tailored to meet the needs of each jurisdiction and can include sharing information and expertise; coordinating or jointly undertaking activities, such as public comment periods, indigenous engagement and consultations, instructions to proponents and technical reviews; and substitution of a provincial process for a federal process.
We know these tools can work. We have had tremendous success under an agreement with British Columbia. Particularly, the provincial process is used as a substitution for the federal assessment process. At the same time, both orders of government retain the ability to exercise their responsibility to decide on whether effects within their jurisdiction are in the public interest.
We are keen to extend this success to other provinces and truly achieve the objective of “one project, one assessment”. To this end, and in response to the Supreme Court, the Government of Canada announced amendments to the Impact Assessment Act that would further advance this principle. This was done through budget 2024, entitled “Fairness for Every Generation”.
The amended act, as proposed through the budget implementation bill, would provide certainty for businesses and investors through measures that include increased flexibility to co-develop a harmonized approach to assessments. Here, the federal government and a province or indigenous jurisdiction can enter agreements to share responsibility for different elements of assessment. This approach would greatly reduce duplication and result in the best-placed jurisdiction undertaking the most appropriate aspects of an assessment, which would be set out in agreements.
Importantly, federal obligations with respect to the consideration of indigenous knowledge and indigenous consultations would be maintained. Final decisions would remain with each jurisdiction, ensuring accountability to the public on effects within respective areas of jurisdiction.
The Impact Assessment Act also seeks to maximize leadership of indigenous peoples in impact assessment processes and enables co-operation with indigenous jurisdictions in recognition of our nation-to-nation relationships. Bill C-375 does not recognize the unique role of indigenous peoples in the Crown's assessment of impacts of major projects. The Impact Assessment Act recognizes the special constitutional relationship between the Crown and indigenous peoples and the particular perspectives and interests they bring to the process.
The proposed private member's bill should not be viewed as a tool for collaboration. Instead, it would create a tool to effectively eliminate any co-operation by removing federal requirements from impact assessments altogether. The ultimate goal of the bill is to have no federal impact assessment requirements apply and to eliminate federal decision-making in assessments of major projects, even where there is clear federal jurisdiction.
We already have the tools needed to collaborate effectively with provinces under the IAA, and these would be strengthened through amendments proposed in the budget implementation bill. I encourage my colleagues to reject the proposed private member's bill and focus on supporting true co-operation under the Impact Assessment Act.
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