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SECU Committee Meeting

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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 77
Monday, October 23, 2023, 11:03 a.m. to 1:03 p.m.
Televised
Presiding
Ron McKinnon, Chair (Liberal)

House of Commons
• Dancella Boyi, Legislative Clerk
• Philippe Méla, Legislative Clerk
 
Library of Parliament
• Alexsandra Ferland, Analyst
• Sabrina Charland, Analyst
The committee proceeded to the consideration of matters related to committee business.

Motion

Doug Shipley moved, — That the committee hold three meetings lasting two hours each, immediately after the study of Bill C-20, on the rights of victims of crime, the security reclassification and transfer of offenders within Correctional Service Canada, including Paul Bernardo’s transfer from maximum-security to medium-security prison. That the committee invite to appear:

  1. The Commissioner of Correctional Service Canada, Anne Kelly; Deputy Minister of Public Safety, Shawn Tupper; the Correctional Investigator; the Federal Ombudsman for Victims of Crime;
  2. Representatives of the victims’ families and friends, including Tim Danson;
  3. Representatives of the Union of Canadian Correctional Officers (UCCO) and the Union of Safety and Justice Employees (USJE).

Furthermore, that the committee invite immediately the Minister of Public Safety and department officials to appear for two hours to discuss his mandate.

Finally, that the committee hold a one-hour in camera meeting to be briefed on trauma informed questioning of victims at committee, in order to be prepared to receive future testimony from victims.

Debate arose thereon.

By unanimous consent, after debate, the question was put on the motion and it was agreed to.

Motion

By unanimous consent, Kristina Michaud moved, — That, in light of the drastic increase in the number of car thefts in Canada and given that the port of Montreal, the largest in Eastern Canada, is a hub for exporting stolen cars, the committee undertake a study, pursuant to Standing Order 108(2), on the growing problem of car thefts in Canada and on the measures the federal government has taken to combat this criminal activity;

That the study include six meetings;

That the committee invite the minister of Public Safety to appear, along with other witnesses depending on the committee’s needs;

That the committee report its recommendations to the House; and

That the government provide a response to the committee after it receives the report.

Debate arose thereon.

After debate, the question was put on the motion and it was agreed to.

At 11:52 a.m., the sitting was suspended.

At 11:58 a.m., the sitting resumed.

Canada Border Services Agency
• Cathy Maltais, Director, Recourse Directorate
Civilian Review and Complaints Commission for the Royal Canadian Mounted Police
• Joanne Gibb, Senior Director, Strategic Operations and Policy Directorate
• Lesley McCoy, General Counsel
Department of Public Safety and Emergency Preparedness
• Randall Koops, Director General, International Border Policy
• Martin Leuchs, Manager, Border Policy Division
• Deidre Pollard-Bussey, Director, Policing Policy
Royal Canadian Mounted Police
• Alfredo Bangloy, Assistant Commissioner and Professional Responsibility Officer
• Kathleen Clarkin, Director, National Recruiting Program
Pursuant to the order of reference of Friday, November 25, 2022, the committee resumed consideration of Bill C-20, An Act Establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments.

The witnesses answered questions.

The committee commenced its clause-by-clause study of the Bill.

Pursuant to Standing Order 75(1), consideration of Clause 1 (short title) was postponed.

The Chair called Clause 2.

Clause 2 carried.

On Clause 3,

Peter Julian moved, — That Bill C-20, in Clause 3, be amended by adding after line 19 on page 3 the following:

“(1.1) The Commission must include representatives from Indigenous, Black, racialized and northern communities.”

After debate, the question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 1; NAYS: 7.

Kristina Michaud moved, — That Bill C-20, in Clause 3, be amended by adding after line 19 on page 3 the following:

“(1.1) In appointing members of the Commmission, the Governor in Council must seek to reflect the diversity of Canadian society and must take into account considerations such as gender equality and the overrepresentation of certain groups in the criminal justice system, including Indigenous peoples and Black persons.”

Debate arose thereon.

Peter Julian moved, — That the amendment be amended by replacing the words “Governor in Council” with the word “Minister”.

After debate, the question was put on the subamendment of Peter Julian and it was agreed to on the following recorded division:

YEAS: Peter Julian, Dane Lloyd, Eric Melillo, Glen Motz, Peter Schiefke, Doug Shipley — 6;

NAYS: Chris Bittle, Iqwinder Gaheer, Heath MacDonald, Kristina Michaud, Jennifer O'Connell — 5.

Iqwinder Gaheer moved, — That the amendment be amended by replacing the word “appointing” with the words “making recommendations for appointments”.

By unanimous consent, the subamendment was withdrawn.

Iqwinder Gaheer moved, — That the amendment be amended by replacing the words “In appointing of members of the Commission, the Governor in Council” with the words “In making recommendations for appointments of members of the Commission, the Minister”.

After debate, the question was put on the subamendment of Iqwinder Gaheer and it was agreed to, by a show of hands: YEAS: 11; NAYS: 0.

The question was put on the amendment of Kristina Michaud, as amended, and it was agreed to, by a show of hands: YEAS: 11; NAYS: 0.

Doug Shipley moved, — That Bill C-20, in Clause 3, be amended by replacing line 21 on page 3 with the following:

“mission, including the Chairperson or the Vice-chairperson, if that person”

After debate, the question was put on the amendment of Doug Shipley and it was agreed to, by a show of hands: YEAS: 10; NAYS: 1.

Peter Julian moved, — That Bill C-20, in Clause 3, be amended by adding after line 23 on page 3 the following:

“(a.1) is a member of the immediate family of a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, immediate family having the same meaning as in section 33 of the Canada Labour Standards Regulations;”

After debate, the question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

Clause 3, as amended, carried.

Clause 4 carried.

On Clause 5,

Doug Shipley moved, — That Bill C-20, in Clause 5, be amended by adding after line 30 on page 4 the following:

“(1.1) For the purposes of this Act and the regulations, the Chairperson has all the powers of a peace officer conferred under an Act of Parliament or the common law.”

The Chair ruled the proposed amendment inadmissible because it was beyond the scope of the Bill, as provided on page 770 of House of Commons Procedure and Practice, Third Edition.

Clause 5 carried on division.

On Clause 6,

Doug Shipley moved, — That Bill C-20, in Clause 6, be amended by adding after line 31 on page 5 the following:

“(3.1) While an officer or employee under subsection (3) may have investigative experience, the officer or employee is not eligible to be appointed if the officer or employee

(a) is or was a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act;

(b) is or was an officer, as defined in subsection 2(1) of the Customs Act, or is or was a person designated by the Minister of Public Safety and Emergency Preparedness as an officer under subsection 6(1) of the Immigration and Refugee Protection Act, who, in performing their normal duties, is or was required to interact with the public; or

(c) is not a Canadian citizen or a permanent resident, as defined in subsection 2(1) of the Immigration and Refugee Protection Act.”

After debate, by unanimous consent, the amendment was withdrawn.

Doug Shipley moved, — That Bill C-20, in Clause 6, be amended

(a) by adding after line 39 on page 5 the following:

“(a.1) in prescribed circumstances and in relation to a specific complaint made under this Act, engage, on a temporary basis, the services of a person having technical or specialized knowledge of any matter relating to the work of the Commission or those of a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, to advise and assist the Commission in the exercise of its powers or the performance of its duties and functions under this Act; and”

(b) by replacing, in the English version, line 2 on page 6 with the following:

“sons engaged under paragraph (a) or (a.1).”

After debate, by unanimous consent, the amendment was withdrawn.

Peter Julian moved, — That Bill C-20, in Clause 6, be amended by adding after line 2 on page 6 the following:

“(5) The persons engaged under subsection (4) must not be or have been a member, as defined in subsection 2(1) of the Royal Canadian Mounted Police Act, or be a member of the immediate family of such a member, immediate family having the same meaning as in section 33 of the Canada Labour Standards Regulations.”

After debate, the question was put on the amendment of Peter Julian and it was negatived, by a show of hands: YEAS: 1; NAYS: 10.

Clause 6 carried.

Clause 7 carried.

On Clause 8,

Peter Julian moved, — That Bill C-20, in Clause 8, be amended

(a) by replacing line 6 on page 6 with the following:

“8 (1) The Commission, the RCMP and union representatives of RCMP employees must jointly es‐”

(b) by replacing lines 9 and 10 on page 6 with the following:

“to be conducted and”

(c) by replacing line 16 on page 6 with the following:

“(2) The Commission, the Agency and union representatives for CBSA employees must jointly estab‐”

(d) by replacing lines 19 and 20 on page 6 with the following:

“ed and specifying”

(e) by adding after line 25 on page 6 the following:

“(3) The Commission, the RCMP and the Agency must deal with and resolve complaints made under this Act within a year after the day on which the complaint is made or within any longer period the Commission considers appropriate.”

Debate arose thereon.

Iqwinder Gaheer moved, — That the amendment be amended by deleting subparagraph (e).

The question was put on the subamendment of Iqwinder Gaheer and it was agreed to, by a show of hands: YEAS: 6; NAYS: 1.

The question was put on the amendment of Peter Julian, as amended, and it was agreed to, by a show of hands: YEAS: 7; NAYS: 4.

At 1:03 p.m., the committee adjourned to the call of the Chair.



Simon Larouche
Clerk of the committee