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Minutes of Proceedings

44th Parliament, 1st Session
Meeting 78
Wednesday, October 25, 2023, 5:01 p.m. to 7:03 p.m.
Televised
Presiding
Ron McKinnon, Chair (Liberal)

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

On motion of Jennifer O'Connell, it was agreed, — That the proposed supplementary budget in the amount of $2,500.00, for the study of Bill C-20, An Act Establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments, be adopted.

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 resumed its clause-by-clause study of the Bill.

The committee resumed clause-by-clause consideration on Clause 8 of the Bill.

By unanimous consent, the committee reconsidered the amendment, as amended, of Peter Julian previously adopted which read as follows: 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”

Jennifer O'Connell moved, — That the amendment be amended by deleting subparagraph (b) and (d).

At 5:09 p.m., the sitting was suspended.

At 5:12 p.m., the sitting resumed.

After debate, by unanimous consent, Clause 8 was allowed to stand.

Clause 9 carried.

Clause 10 carried.

Clause 11 carried.

On Clause 12,

Peter Julian moved, — That Bill C-20, in Clause 12, be amended by replacing lines 6 to 8 on page 8 with the following:

“(2) The Minister must provide a copy of the report or summary to the Commissioner and the President on the same day as the Minister receives the report or summary.”

After debate, the question was put on the amendment of Peter Julian and it was agreed to, by a show of hands: YEAS: 6; NAYS: 5.

Clause 12, as amended, carried.

On Clause 13,

Jennifer O'Connell moved, — That Bill C-20, in Clause 13, be amended by replacing line 17 on page 8 with the following:

“13 The Chairperson must, within six months after”

Debate arose thereon.

Peter Julian moved, — That the amendment be amended by

(a) adding “(1)” after the number “13”

(b) adding replacing line 18, page 8 with the following: “March 31 each year, submit to the Minister a re-”.

After debate, the question was put on the subamendment of Peter Julian and it was agreed to.

The question was put on the amendment of Jennifer O'Connell, as amended, and it was agreed to.

Peter Julian moved, — That Bill C-20, in Clause 13, be amended by replacing line 32 on page 8 with the following:

“plaints, including those, if any, disposed of through the reconciliation process with Indigenous peoples;”

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

Jennifer O'Connell moved, — That Bill C-20, in Clause 13, be amended by adding after line 19 on page 9 the following:

“(e.1) set out the number of matters or complaints that were referred to the National Security and Intelligence Review Agency under subsections 31(2), 52(8) and 53(4);”

After debate, the question was put on the amendment of Jennifer O'Connell and it was agreed to.

Jennifer O'Connell moved, — That Bill C-20, in Clause 13, be amended by replacing line 21 on page 9 with the following:

“gregated demographic and race-based data, in a form that prevents data”

After debate, the question was put on the amendment of Jennifer O'Connell and it was agreed to, by a show of hands: YEAS: 11; NAYS: 0.

Clause 13, as amended, carried.

On Clause 14,

Peter Julian moved, — That Bill C-20, in Clause 14, be amended by replacing line 33 on page 9 with the following:

“plaints were disposed of, including those, if any, that were disposed of through the reconciliation process with Indigenous peoples, and identifying trends, if any.”

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

Clause 14, as amended, carried.

Clause 15 carried.

On Clause 16,

Peter Julian moved, — That Bill C-20, in Clause 16, be amended by adding after line 29 on page 10 the following:

“(2.1) A failure to comply under subsection (2) constitutes an offence under subsection 90(1).”

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 16 carried.

On Clause 17,

Peter Julian moved, — That Bill C-20, in Clause 17, be amended by replacing line 9 on page 11 with the following:

“17 (1) In this section and sections 20 to 26, privileged

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.

Peter Julian moved, — That Bill C-20, in Clause 17, be amended by replacing line 29 on page 11 with the following:

“(f) medical information, namely information from mental health care professionals, about a member, as defined”

Debate arose thereon.

Jennifer O'Connell moved, — That the amendment be amended by replacing the word “namely” with the word “including”.

After debate, the question was put on the subamendment of Jennifer O'Connell and it was agreed to.

The question was put on the amendment of Peter Julian, as amended, and it was agreed to.

Peter Julian moved, — That Bill C-20, in Clause 17, be amended by deleting lines 32 to 41 on page 12.

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.

Peter Julian moved, — That Bill C-20, in Clause 17, be amended by adding after line 6 on page 13 the following:

“(7.1) The Chairperson must publish any memorandum of understanding entered into on the website of the Commission.”

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

Clause 17, as amended, carried.

Clause 18 carried on division.

Clause 19 carried on division.

By unanimous consent, Clauses 20 to 25 inclusive carried severally.

On Clause 26,

Jennifer O'Connell moved, — That Bill C-20, in Clause 26, be amended by

(a) replacing line 24 on page 18 with the following:

“der a review conducted under subsection28(1) or (2) or section 29 of any”

(b) replacing line 28 on page 18 with the following:

“conduct of a review under subsection 28(1) or (2) or section 29 of”

After debate, the question was put on the amendment of Jennifer O'Connell and it was agreed to, by a show of hands: YEAS: 11; NAYS: 0.

Clause 26, as amended, carried on division.

Clause 27 carried on division.

On Clause 28,

Peter Julian moved, — That Bill C-20, in Clause 28, be amended

(a) by replacing line 16 on page 19 with the following:

“may, on the request of the Minister or of a committee of the Senate or of the House of Commons, or a committee of both Houses, or on its own initia‐”

(b) by replacing, in the English version, line 18 on page 19 with the following:

“and provide a report to the Minister, both Houses of Parliament and the Commis‐”

(c) by replacing line 25 on page 19 with the following:

“sion may, on the request of the Minister or of a committee of the Senate or of the House of Commons, or a committee of both Houses, or on its own ini‐”

(d) by replacing, in the English version, line 27 on page 19 with the following:

“Agency and provide a report to the Minister, both Houses of Parliament and the”

Debate arose thereon.

By unanimous consent, Clause 28 was allowed to stand.

Clause 29 carried on division.

Clause 30 carried on division.

Clause 31 carried on division.

Clause 32 carried on division.

On Clause 33,

Kristina Michaud moved, — That Bill C-20, in Clause 33, be amended

(a) by replacing line 1 on page 22 with the following:

“33 (1) Any individual or non-governmental organization may make a complaint concerning”

(b) by replacing line 7 on page 22 with the following:

“(2) Any individual or non-governmental organization may make a complaint concerning the”

Jennifer O'Connell moved, — That the amendment be amended by replacing the words “non-governmental organization” with the words “third party”.

The question was put on the subamendment of Jennifer O'Connell and it was agreed to.

Peter Julian moved, — That the amendment be amended by adding after subparagraph (b) the following:

“(c) by adding after line 12 on page 22 the following:

“(3) Any individual may make a complaint concerning the policies or procedures of the Agency or the services it provides.””.

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

The question was put on the amendment of Kristina Michaud, as amended, and it was agreed to.

Kristina Michaud moved, — That Bill C-20, in Clause 33, be amended by adding after line 12 on page 22 the following:

“(2.1) For greater certainty, a member of the public may make a complaint under subsections (1) and (2).”

Debate arose thereon.

By unanimous consent, the amendment was withdrawn.

Peter Julian moved, — That Bill C-20, in Clause 33, be amended

(a) by replacing line 13 on page 22 with the following:

“(3) The complaint must be made within two years after”

(b) by replacing line 27 on page 22 with the following:

“(6) If a complaint is made after the end of the two-year”

(c) by replacing line 32 on page 22 with the following:

“Commission and provide them with the reasons for not extending the time limit.

(6.1) The Commission may extend the time limit for the making of a complaint, even if the Commissioner or the President did not extend it, if the Commission considers it appropriate to do so.”

After debate, the question was put on the amendment of Peter Julian and it was agreed to.

Kristina Michaud moved, — That Bill C-20, in Clause 33, be amended

(a) by replacing line 31 on page 22 with the following:

“plaint, he or she must so notify the complainant and their legal representative, if any, and the”

(b) by replacing line 15 on page 23 with the following:

“in writing to the complainant and their legal representative, if any, and provide written notice”

(c) by replacing line 30 on page 23 with the following:

“in writing to the complainant and their legal representative, if any, and provide written no‐”

(d) by replacing line 33 on page 23 with the following:

“writing to the complainant and their legal representative, if any, and provide written notice”

After debate, the question was put on the amendment of Kristina Michaud and it was agreed to.

Doug Shipley moved, — That Bill C-20, in Clause 33, be amended

(a) by deleting lines 3 to 5 on page 23;

(b) by deleting lines 20 to 23 on page 23.

Debate arose thereon.

By unanimous consent, the amendment was withdrawn.

Jennifer O'Connell moved, — That Bill C-20, in Clause 33, be amended by adding after line 11 on page 23 the following:

“(8.1) For the purposes of subsections (7) and (8), a complaint that is referred to the Commission under regulations made under subparagraph 87(o.1)(ii) is deemed to be a complaint made to the Commission.”

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

Clause 33, as amended, carried on division.

Clause 34 carried on division.

At 7:03 p.m., the committee adjourned to the call of the Chair.



Simon Larouche
Clerk of the committee