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View Majid Jowhari Profile
Lib. (ON)
View Majid Jowhari Profile
2020-02-06 15:51 [p.1046]
Mr. Speaker, I would like to inform you that I will be splitting my time with the hon. member for Mississauga—Erin Mills.
As it is my first time rising in the 43rd Parliament, I would like to extend my heartfelt thanks to the constituents of Richmond Hill, who bestowed on me the honour of representing them in the House. I thank my campaign manager, my riding association executive and the over 100 volunteers and friends who worked so hard to help me get re-elected.
I would especially like to acknowledge and thank my wife Homeira; my daughter Nickta and my son Meilaud, who have supported me in my political life over the past five years.
I am pleased to have this opportunity to rise at second reading of Bill C-3. The bill proposes to create an independent review and complaint mechanism for the Canada Border Services Agency, the CBSA. I would like to highlight five significant components of the bill.
First, it would provide for civilian oversight.
Second, it would strengthen the accountability and transparency of the CBSA.
Third, it would ensure consistent, fair and equal treatment to all when receiving services.
Fourth, it would complement and align with other measures being taken by our government to create independent review functions for national security agencies.
Fifth, it would close a significant gap with the other Five Eyes international border agencies.
Such mechanisms help to promote public confidence by strengthening accountability. They ensure that complaints regarding employee conduct and service are dealt with transparently. CSIS, the RCMP and the Correctional Service of Canada are already subject to that kind of accountability.
Among the organizations that make up Canada's public safety portfolio, only the CBSA does not currently have a review body to handle public complaints. Bill C-3 would fill that glaring gap and build on recent accountability and transparency reforms introduced by the Government of Canada.
One of those reforms is the newly created National Security and Intelligence Committee of Parliamentarians. This new body addresses a long-standing need for parliamentarians to review the government's national security and intelligence activities and operations, including those involving the CBSA. Its members have unprecedented access to classified information.
As the Prime Minister has said, it “will help us ensure that our national security agencies continue to keep Canadians safe in a way that also safeguards our values, rights, and freedoms.”
The government has also brought into force a new expert review body, thanks to the passage of Bill C-59, called the National Security and Intelligence Review Agency.
This new agency will greatly enhance how Canada's national security agencies are held to account. It will establish a single, independent agency authorized to conduct reviews on national security and intelligence activities carried out by departments and agencies across the Government of Canada, including the CBSA.
The legislation before us today would go one step further by establishing an independent review and complaints function for the CBSA's other activities. Those activities play a critical role in our country's security and economic prosperity. They facilitate the efficient flow of people and goods across our border to support our economy, while protecting the health and safety of Canadians.
In keeping with its sweeping mandate, the scale of the CBSA's operations and the number of people and goods it deals with are enormous. CBSA employees deliver a wide range of services at more than 1,000 locations, including 117 land border crossings, 13 international airports and 39 international offices.
The agency's employees are diligent and hard-working. In 2018-19, they interacted with more than 96 million travellers and processed more than 19 million commercial shipments and 54 million courier shipments.
The vast majority of the CBSA's interactions and transactions go off without a hitch. However, when dealing with more than a quarter of a million people each day, and nearly 100 million each year, the occasional complaint is inevitable. Each year the CBSA recourse directorate receives approximately 2,500 complaints concerning employee conduct and services.
Last summer, as I was knocking on doors in my riding of Richmond Hill, I talked to many residents, Canadian citizens and permanent residents alike, who regularly crossed the borders to and from the U.S. They shared their challenges with wait times, extensive and intrusive repeated questioning and the feeling of inferiority that it left them with. Repeatedly, they raised their concern about their inability to get answers about the way they were treated and their frustration with the lack of an independent body to raise their concerns.
However, as I noted earlier, there is currently no independent review body that people can turn to when they are unsatisfied with the level of service or the conduct of an officer at the border. That accountability gap has generated considerable public interest and been regularly raised by parliamentarians.
On that note, I would like to recognize and thank the now-retired Wilfred Moore for his advocacy on this issue with the introduction of Bill S-205 in the other place.
There have also been numerous calls by stakeholders and NGOs to improve CBSA accountability and transparency. The Canadian Civil Liberties Association said that it considered “such a gap as being incompatible with democratic values and with a need for public trust in such an important agency.”
According to the late Professor Ron Atkey of York University, the lack of CBSA oversight presented “a problem in the makeup of the current security intelligence review mechanism”. He added that the creation of the committee of parliamentarians should not be considered as a substitute for independent expert review bodies, which he suggested should be extended to cover CBSA.
That is exactly what Bill C-3 would do. It proposes to establish an independent review mechanism for the CBSA by expanding and strengthening the existing Civilian Review and Complaints Commission, or CRCC. The CRCC is currently the review agency for the RCMP.
To reflect its proposed new responsibilities under Bill C-3, it will be renamed the public complaints and review commission, or PCRC. The proposed new PCRC will be responsible for handling reviews and complaints for both the CBSA and the RCMP. The PCRC will be accessible to anyone who interacts with CBSA employees and has complaints about the conduct of CBSA officers and the quality of services.
The PCRC will also have the ability to conduct reviews of the CBSA on its own initiative or at the request of the Minister of Public Safety. Those reviews could focus on any activity conducted by the CBSA, with the exception of national security matters.
With the passage of Bill C-59, the National Security and Intelligence Review Agency will be responsible for complaints and reviews relating to national security, including those involving the RCMP and CBSA. The PCRC will work in a complementary manner with the proposed new National Security and Intelligence Review Agency. Provisions in Bill C-3 will facilitate information sharing and co-operation between the two bodies. If the PCRC were to receive those types of complaints, it would refer the complainants to the appropriate body.
By providing an independent arms-length mechanism for people to be heard, Bill C-3 would make them more comfortable to come forward with a complaint. That, in turn, would help ensure that Canadians would remain confident in the system of accountability for the agencies that work so hard to keep them safe.
That is why I urge hon. members of the House to join me in supporting this important legislation at second reading.
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