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View Jack Harris Profile
NDP (NL)
View Jack Harris Profile
2020-01-29 17:03 [p.651]
Madam Speaker, I am pleased to have an opportunity to speak to Bill C-3, an act to amend the Royal Canadian Mounted Police Act and the Canada Border Services Agency Act and to make consequential amendments to other acts. I appreciate the introduction by the minister responsible.
I would like to say, first of all, that the Canada Border Services Agency carries on very important work for the safety of Canada and its citizens, and it enforces some 70 different regulations and pieces of legislation that have been passed by Parliament or enacted through proper processes. It is an important piece of work that the agency does. There are at least 7,000 agents, and they operate at 130 different border points, so the work they do is very important.
They also, in conducting this work, have pretty extraordinary powers, probably greater than many police and law enforcement agencies. They can arrest and detain people who they believe are in Canada illegally. They can arrest with or without warrant. They can arrest people who they suspect are in violation of the act and detain them for, in some cases, indefinite periods.
As has been pointed out, with 96 million travellers in and out of the country, we do not have 96 million complaints, obviously, so it is pretty clear that the work that they are doing is, for the most part, not subject to complaint.
I appreciate that when we talk about the complaints that are made, we are talking about exceptions to proper behaviour, potentially. The complaints may not end up being found to be valid in some cases, but we know that there are sufficient numbers of valid complaints to have a cause for concern that this enforcement agency is not immune to bad behaviour and improper conduct. We know that this has happened, because complaints have been founded by investigations conducted by the CBSA itself.
There has, for a long period of time, been cause for concern that there was a lack of oversight of this body. Justice O'Connor in 2010 recommended that this oversight take place, but it did not take place. We raised this issue as a party in the Conservative years, in 2010, after Justice O'Connor and before, and up until we joined the last Parliament as well. I was not here, but I know my colleagues have done so, and they were not the only ones. Recognized and respected public bodies, such as the Canadian Bar Association, Amnesty International, the B.C. Civil Liberties Association and others, have recognized and pointed out significant deficiencies in the activities and behaviour of the CBSA in the enforcement of its legislation.
It is kind of a given that this should happen. “Long overdue” are the words that have been used by the minister himself, recognizing that this legislation, or something like it, should have been brought forward a lot sooner than it was. It is unfortunate that this gap has not been addressed before this date, but we are heartened by the fact that it is here today.
I must say it was a half-hearted attempt by the Liberal government in the last Parliament to bring this legislation forward in the dying days of Parliament, several weeks before Parliament was to rise. It was passed over to the Senate on the 19th of June, the day before they were to rise, with no hope of any particular consideration there. The Liberal government deserves some blame for not bringing this legislation forward earlier to provide an opportunity for full discussion and debate.
There are some changes that have now been made. I did not get the sense from the minister's remarks, when he was asked about consultations, that any significant consultation has taken place with the union that was involved. Its members appeared before the committee. The customs and immigration union does have something to say about this. I think the union is generally supportive of the idea that there ought to be accountability, because it also provides an opportunity for officers who may be the subject of a complaint to be exonerated if the complaint is not founded, and it can be done in a public way.
All that being said, we do have to look carefully at some of the provisions of this legislation. Is it going to simply be a review of internal complaints or internal investigations that have been made? To what extent is it going to provide for an independent investigation? The power exists there. The practice is something that we have to be concerned about.
Are we going to be in a backlog situation, as we have seen with the RCMP civilian review system? Additional monies have been provided, and I see provisions for standards of performance in terms of dealing with complaints. Whether those standards can be met by just establishing standards of performance and whether the government is committed to being responsive to requests by the agency for sufficient funds or more staff as needed to meet those standards is the problem sometimes with agencies that have this kind of oversight. We want to have a good look at that to see what is going on when these things take place.
The NDP supports this legislation in principle and we will certainly be supporting it at second reading. We will look to see whether the minister is willing to consider amendments during consideration in committee. I am not proposing any here today, but I do want to see that the minister is prepared to consider arguments that may be made to bring about changes that would enhance the legislation and make it more effective.
We have heard specific concerns as well from the legal community in terms of how the practices of the agency have affected solicitor-client privilege, and there are concerns about solicitor-client privilege. We want to make sure that these concerns are addressed if they have not been addressed already, and I am not sure they have been addressed.
We would also want to see the opportunity, and I raised this with the member for Saint-Jean, to be involved in the policy and practices side of it. I note that in the legislation there is an opportunity for the committee itself to initiate reviews of specific practices. Whether it is going to be a robust effort on the part of the committee interests me. I suspect it may depend on who the committee members are.
I would want to see an opportunity for those kinds of reviews to take place through the initiative of someone else. For example, the Canadian Bar Association might want to see a review of a particular practice as it might affect a problem area, whether having to do with solicitor-client privilege or having to do with incidents that have come forward on a number of occasions. Other outside bodies as well might come to this body and ask it to conduct a review. I note that reviews can be done at the direction of the minister as well. That is something that may answer some of the concerns.
I am pretty sure this is not a perfect instrument, and I do not think it has been suggested that it is. It is a way forward, though, and NDP members supported it in the last Parliament because it was a step forward from what was in existence up until right now. There is no form of civilian oversight of this organization, and the lack of that kind of oversight has been noted for many years.
Enforcement officers have enormous powers, and they are a necessity. Officers deal in many cases with people in vulnerable circumstances, people who are refugees. Forty-one thousand refugees crossed into Canada during the last Parliament. These people are vulnerable. They are susceptible to being unable to complain or to feeling that complaining would potentially cause them problems, so vigorous oversight is needed there. It is important for us to ensure that this oversight takes place. There may be a need for third parties to approach the committee to make sure that the policies and practices that are in place adequately meet the required standards when enforcement officers are dealing with civilians whom they are entrusted to look after while also ensuring that the law is enforced.
Those are some of the concerns that New Democrats will be looking at carefully in committee. I am disturbed to hear that the examination of what happens in detention is excluded from this bill, but I am going to be looking very carefully at that. We do note, as was noted before in one of the speeches, that since the year 2000 there have been at least 14 deaths of people while in detention. I am not suggesting that these deaths were the result of negligence or improper behaviour, but the question remains. These were not able to be investigated by any outside agency specifically in relation to the behaviour toward and treatment of individuals who may have had ill treatment in custody. Whether or not there was in these individual cases, I am obviously not in a position to say.
However, the public must have confidence, ultimately, that there is a sufficient degree of transparency and oversight in order to believe that CBSA officers are acting not only in the public interest and for the safety of Canada, but also in a proper way when they are dealing with individuals, and that they are not abusing their position of power and trust. People must know they have recourse with a proper, independent, robust and accessible process that will make sure justice is done following any violation of proper and appropriate behaviour.
As was mentioned earlier, this is not something the union of the employees involved rejects. This is something it regards as proper and appropriate as well.
Having said all of that, New Democrats support this legislation being brought forward at second reading. We look forward to having an appropriate period of time to consider it and bring forward witnesses who can help with the analysis of it and offer their recommendations and opinions.
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