Good afternoon, ladies and gentlemen.
[English]
Thank you for the invitation to appear before this committee.
Allow me to introduce myself briefly.
I was a member of the RCMP for 31 years, retiring as deputy commissioner. I also served as deputy commissioner of Correctional Service Canada. As president and executive director of the International Centre for Criminal Law Reform, or ICCLR, I have the privilege of guiding our institute as its associates undertake projects within Canada and abroad. We are a United Nations affiliate located at the University of British Columbia. We are the result of a treaty between Canada and the UN. Several years ago, we created the Vancouver Anti-Corruption Institute within ICCLR.
I applaud the committee for seeking recommendations on preventing the entry of individuals who pose public safety risks while strengthening the effectiveness of Canada’s deportation mechanisms. Your work is both timely and important.
As indicated in the motion guiding this study, there are reports that 1,635 foreign nationals with criminal records are currently facing deportation. Of these, approximately 600 have failed to attend their deportation proceedings; their whereabouts are unknown. Another 431 have been found guilty of serious crimes, and 361 individuals have been avoiding deportation for more than two years. The numbers provided to this committee by the president of CBSA are even more shocking.
Imagine you are a foreign national with a criminal background facing an uncertain future in your home country or in another state. Where in the world might you choose to go? It would probably be a country that values multiculturalism, where large diaspora communities exist, where justice is fair, where the police do not abuse their authority, where health care and education are free and where individuals enjoy strong legal rights. In short, you may well choose Canada. Now imagine that after entering the country illegally, you are eventually discovered and arrested. You claim refugee status and seek your release while your case proceeds through the system. Would you sit around and wait for the CBSA to knock on your door?
Canada is an oasis for those seeking freedom and opportunity, but it can also become attractive to those seeking to exploit our openness for criminal purposes. We cannot allow ourselves to be taken for dupes. The brazen shootings in Surrey, Abbotsford and the regional districts around Toronto are examples in point.
Transnational organized crime is firmly rooted in Canada. Although it exists across the country, it is most visible in our major urban centres. That said, we are also aware of large-scale drug laboratories operating in rural areas. Canada has often been described as a high-value, low-risk country for transnational organized crime. The very qualities that make Canada a desirable place to live—stability, prosperity and strong legal protections—can also make it an attractive platform for criminal organizations.
At our borders, we rely heavily on the Canada Border Services Agency, which is a customs and revenue agency, not a police force. We have no port police and only private railway police. Ultimately, the fail-safe remains the RCMP, which is often expected to respond to a wide array of challenges across its federal policing responsibilities.
As you have heard from previous witnesses, many of the issues surrounding deportation stem from process. Canada’s federal agencies work hard, and the people within them are dedicated professionals. Our Charter of Rights and Freedoms is fundamental to our democracy, and our criminal justice system—judges, prosecutors and police—functions with integrity.
What we lack, I suggest, is a sense of urgency. Complacency can be a killer. In an increasingly unstable world, in which events occurring halfway around the globe can affect Canada almost immediately, we must ensure that we remain vigilant.
The committee has asked for recommendations on how individuals with criminal backgrounds can be prevented from entering Canada in the first place and how deportation processes can be made more effective.
First, the challenges faced by the RCMP are not the result of having too many mandates. Much larger organizations operate effectively with multiple mandates. What the RCMP requires is a significant infusion of resources.
I endorse the comments of Mr. Brian Sauvé of the National Police Federation to this committee.
At present, the RCMP is tasked with a wide range of federal responsibilities. These include preventing drugs from entering and exiting the United States through border enforcement, protecting national security, combatting cyber- and financial crime and addressing transnational organized crime.
At the same time, the organization continues to face resource reductions as part of broader government spending constraints. Contract policing, largely self-funded through agreements with the provinces and municipalities, is not the issue. Creating new agencies is not the answer. The challenge lies in the underfunding of the federal policing mandate.
Second, we must consider the consequences of releasing individuals with known criminal backgrounds while their cases proceed through lengthy legal processes. Communities across Canada are already grappling with the repeated release of prolific property and violent offenders shortly after arrest.
A similar dynamic exists with foreign nationals facing deportation. The immigration system must be properly resourced to deal with cases on a priority basis, eliminating the need to release high-risk individuals because of time delays inherent in the system.
Third, and closely related to these concerns, is the issue of border security. Our borders quite literally define Canada. A comprehensive and secure border strategy is essential, not only to protect Canadians but also to send a clear message to criminal networks that Canada is no longer an easy target.
Fourth, priority must be given to the removal of high-risk individuals through joint police-CBSA operations. Simply placing these individuals on the CPIC computer system, as we do with normal warrants, often means that no further action takes place unless the police happen upon the individuals.
Members of the committee, thank you again for the opportunity to appear before you. I appreciate the importance of the work you are undertaking.
I hope my remarks contribute to your deliberations. I would be pleased to answer any questions you may have.
[Translation]
Thank you, Mr. Chair.
:
Thank you very much, Mr. Chair, and thank you, Dr. German.
We've lived parallel lives in some respects, although you've had a much more interesting experience in many respects. I started out as a parole officer and you made it to deputy commissioner, so well done.
Your work in policing and criminal law cannot be overstated. It's a real pleasure and honour. I also want to commend you for the fact that you observed Mr. Sauvé's evidence.
One thing we have dealt with at this committee that surprises me is the current role of students within CBSA. I'm not saying this as a partisan issue. I think everybody around the table should at least raise an eyebrow to this idea. Make no mistake, CBSA needs students. It's good for mentoring, and it's good for experience. I started out in corrections as a student, for instance.
I have no issue with that. The problem is that, at any given time—I'm not sure if you're aware of this—up to, I believe, 50% of the staff on the front lines at YVR, Vancouver airport, and other places are students. They are indistinguishable from somebody who's gone through the 20 weeks or whatever it is of training to be a CBSA officer. The student has three weeks, one of which is use of force, so that means there are two weeks of training. This is the principal point of entry for some of the people we are talking about today. I'm at a loss as to why this is permitted. I think it's all about money and staffing.
Could you comment on that, please?
:
It's interesting for you to say that, because a lot of the time, we talk about violence.
Violence is unacceptable, but what people don't realize is that in something like a small business, the owner maybe makes $60,000 net. If they're victimized by 10 shoplifters at $10 a day, it doesn't sound like much, but it's $100 a day, $500 to $600 a week, $2,000 to $2,500 a month and up to $30,000 a year. We say, “Oh, it's just a bag of chips”, or whatever. My experience is that the bail system is no longer dealing with those people. Some people might call them small-time criminals, but their impact is profound. It's disproportionate. They take up innumerable resources, and they're no longer being referred to detention. Often, they're released at the scene.
Do you have any comments on that?
:
Thank you very much, Mr. Chair.
First, I want to thank you, Dr. German, for your service in the RCMP for over three decades. Having been deputy commissioner of the RCMP, you have certainly had a distinguished career, and it's a privilege to have you here, especially as you are an academician today.
As you know, we are studying the removal of foreign nationals with criminal records. The goal of this study is to understand and improve our ability to action those removals and the enforcement against visa overstays and even criminal inadmissibility.
In your testimony today, you highlighted the importance of the resources and the tools our law enforcement requires, some of which are included in Bill , on bail reform, and Bill , on stronger borders. Additionally, our government introduced Bill , which is now in the Senate. Bill C-12 focuses on improving asylum claim processes and eligibility requirements to support the CBSA in removing individuals from Canada who are involved in criminality, including extortion.
As an academic and a lawyer, how would you evaluate the effectiveness of Bill in supporting the removal processes?
Mr. German, thank you very much for your testimony.
At the Standing Committee on Public Safety and National Security, we are working to find solutions. In your presentation, you said that one of the solutions was to better fund the RCMP or the Canada Border Services Agency, for example, so that they would have the means to conduct investigations, so that there would be officers on the ground and so that information would be shared.
You know that the government is currently hiring 1,000 RCMP officers and 1,000 border services officers, but at the same time, it is making budget cuts to the RCMP, the agency and Correctional Service Canada, which is also difficult for the ecosystem that manages criminals, so to speak. So a foreign national who is well aware of Canada's shortcomings can take advantage of that. There are currently criminal foreign nationals in the country who have been charged, are awaiting trial and are subject to a removal order, but they cannot be found.
To avoid that, as soon as a foreign national is arrested, facing allegations and awaiting trial, could they be placed in preventive custody? Would that be a good solution?
:
A government document says that foreign nationals who wish to enter Canada are screened by IRCC before they can enter the country, primarily to make sure they have not committed serious crimes, don't post a security risk and are in good health. Part of the determination is made by CSIS. We're talking about people who've committed crimes not only in Canada but also in their home country.
Now, I certainly believe there are bad apples coming into this country—people we don't want. You'd have to be naive to think all immigrants are good people. However, since the beginning of these meetings, I've had this unease about who we're calling “criminals”.
You lead an institute on criminal law reform. You have a centre for corruption. I take it that you do international work and advise people from other countries. Certainly, we all know that there are many countries in this world where the police and judiciary are corrupt. If you have money, you're not going to be charged. If you're charged, you're going to be found innocent. However, if you belong to the wrong political party or oppose the leadership of the country, you may find yourself convicted of a crime—it happens pretty regularly in Russia, for example—and end up doing serious time in jail.
We're talking about CSIS and people who've committed crimes, but how do we know? Do we trust the Russian government or so many African countries to say who's a criminal and who isn't? I'm wondering how fair this system is to people who've been accused of being criminals but, for all we know, are just opponents of the government in power in those countries.
:
Thank you very much, Mr. Chair.
My questions are always focused on finding solutions.
Mr. German, at the outset, you told us that the secret is to have as many officers as possible investigating to find the people who are wanted. You've actually repeated that on a number of occasions since your testimony.
Do you also see a challenge with collaboration among the various law enforcement agencies? In Quebec, there's the Sûreté du Québec; there's also the Ontario Provincial Police, the Royal Canadian Mounted Police, or RCMP, and the Canada Border Services Agency, or CBSA.
Do you think there could be better collaboration and intelligence-sharing in order to find more foreign nationals who, for example, are wanted because they have committed a crime?
:
It's a very good point.
We talk about how criminals are always one step ahead of our system, our laws and so forth, but we're at such an early stage with AI that we haven't tapped its potential yet. I mean, I love it. It really has made life a lot easier. There's no doubt.
I can't speak with personal knowledge. I'm not in policing currently. I'm sure the police are using AI, but we have to recognize that criminals are using cryptocurrency, for example. When that first happened, the thought was, “Oh my God, how can we ever deal with crypto?” However, law enforcement is dealing with crypto. There are ways of following the chain, blockchain and that sort of thing.
It's a constant push-and-pull with new technologies, but it's a very good point.
:
I have learned a lot today. I am appreciative of all the questions asked, including those from my colleagues on the other side.
I appreciated some comments you made in your introduction, especially with regard to this: Why wouldn't the folks we're studying in this study pick Canada? I found that interesting because yes, generally they would.
I want to ask a question that's a little bit adjacent to that. Folks have picked Canada, come here and committed a crime after they arrived. I'll give you an example of what I'm talking about. I asked a question about this in the chamber, but I thought it would be appropriate here.
I'm from the Toronto area—Oshawa, Ontario. In the GTA, for instance, a man tried to pay $140 to sexually exploit a 15-year-old girl. He was caught with the cash in hand. He received a conditional discharge and no criminal record. This was essentially because the judge took into account his immigration status.
Do you believe immigration consequences should ever justify lighter sentences in a case—specifically involving the sexual exploitation of a minor? Is it fair for Canadian citizens if we have a two-tiered system?
:
I'll switch to French, if it's okay.
[Translation]
You mentioned that one of the important things was to prioritize the people who need to be deported first.
We had Aaron McCrorie and Erin O'Gorman here telling us that this is exactly what is being done in Canada. Every case is looked at one by one and the most serious cases are processed first.
On the other hand, we have the 600 cases that were mentioned, in addition to the 351 individuals who are on the run. We were told that, even if the figure remained, it was still volatile data, in the sense that those 351 individuals or 450 individuals are not necessarily the same ones who are wanted at all times.
As far as we know, Canada may be doing a very good job. It may have already deported those 450 individuals, and others since then. The statistics we have, from The Globe and Mail's article, are from July 2025.
[English]
What are your thoughts on this?
Technically, I think that during the time I had the floor, I did move the motion, but I'll say it again. I would like to move a motion that I put on notice on March 6. In terms of a study, I would like our committee to undertake examining “the policies, procedures and criteria used by the Parole Board of Canada and the Correctional Service of Canada governing the issuance” of conditional releases.
Colleagues, the reason for this motion is something that happened last week in my riding. It provided some questions for me, and I thought it was a good opportunity for our committee to study it and find some answers to these questions. It's about public safety transparency and accountability in our corrections and our parole systems.
On March 2, the Durham Regional Police Service issued a public safety alert to my community in Oshawa, but it wasn't about a storm, a missing person or a crime that was being committed in a particular area. It was about a convicted murderer who had been temporarily released into our community. This released individual was a man serving a life sentence for first-degree murder after he raped, tortured and killed Darren Pepin, a 14-year-old boy in Scarborough.
We see headlines all the time, and they're meant to make people feel safe. The headline here said, “Man...handed life sentence for sex slaying of teenage boy.” When the community sees those headlines, they expect that a “life sentence” means we're safe from the person now, because he has received a life sentence. I hesitate in some ways to show you a photo, because it shows the man's face when, really, the face we should consider is the face of Darren, the young boy who was murdered and raped at 14. It's horrifying for me, as a mother with young children walking in my neighbourhood in Oshawa, to think that this man would be walking the same streets. I believe that everyone in this committee would feel the same way if this happened in their community. He was a 14-year-old boy, this child.
The brutality of the crime makes me question how this man was granted a 72-hour unescorted temporary absence, which allowed him to hang out in Oshawa for 72 hours completely unescorted. Durham Regional Police did the right thing. They warned people to stay vigilant and watch their backs, but my question is, why is it my job to watch my back and stay vigilant when authorities have chosen to let this man out? I want to look at why. If he were alive today, Darren would be 52, quite young. Maybe he would be a dad. Maybe he would have a family.
When police are warning residents to stay vigilant because a murderer has been released into their community, Canadians deserve to know how and why a decision like this is made.
I want to highlight very briefly.... I won't go on for too long, but folks in my community reached out when I expressed concern about this. More importantly, folks in young Darren's life started reaching out and making comments: family, friends and those he went to school with. I thought it would be appropriate for me at this time to read out a couple of those thoughts.
One person said, “If the community is at risk, why on earth was this guy released?” Another said, “Disgusting, how can they let him roam free when he's supposed to serve a life sentence?” Another person said, “This monster did this on my street a long time ago, but he should never be let out for any reason. The little boy he murdered can't come back. This is just disgusting. Canada should do better and know better.” Someone else said, “Darren was such a good soul. He was funny and enjoyed to be in the company of his family and friends.” Another said, “His name was Darren Pepin. He was 14 years old. He was here for a short time and then he was gone. Some of us were privileged to know him, his good nature, his infectious laughter and being the class clown.” Yes, I can relate. “He had a name and a face and he mattered.”
A lot of his family and friends felt as though he didn't matter last week.
One person said, “I'll never forget the day that young man was murdered. It's something that stayed with me and always will. I knew him personally and he was genuinely a good young man.”
Then a corrections officer reached out. It is very rare for someone to make a comment, but they did: “Of the 34 years I worked as a corrections officer, he is one of the few who always stood out in my mind. He was one of the first inmates who I realized was a genuine psycho, void of remorse, empathy and compassion.”
We have to figure out why these decisions get made. How do they get made, and what's missing—what's happening? The study would be very important to report back to the House. I trust that all my colleagues will vote unanimously for the study and will support this motion.
Thank you.
It's quite troubling to hear this statement from our colleague. I fully agree that we should study this issue. I think that's very important.
I have an example myself about a lady named Roxane Granger. I'm saying her name because she has made it public. She was raped by a serial rapist named Jacques Groleau. He recently got out of prison. He's a long-term offender for 10 years.
I made a commitment to her, and what isn't understood is that he's under a long-term supervision order. When he got out of prison, he committed another offence, but he is currently in a provincial prison. The 10‑year supervision order is uninterrupted. That means that he is currently in preventive detention for indecent assault, I believe, and is being kept in a provincial prison. There's no interruption on his federal long-term supervision order, and we have a problem with that.
I think the topic of discussion proposed by our colleague will enable us not only to elucidate and better understand how the system works, but also to propose solutions so that victims or victims' families are better informed and understand how decisions are made about people who have committed serious and violent crimes.
So I am quite supportive of my colleague. However, you will understand that I am proposing an amendment that will make it possible to deal with the matter in a broader, less personalized way. Ultimately, the important thing is to understand the system, identify its flaws and propose solutions.
I still want you to know, Mr. Chair, that I sent the text of my amendment to all committee members in both official languages. I believe the clerk has a copy.
I will read it to you so that you understand that the subject my colleague wants to discuss is virtually intact. We just need to depersonalize the specific case that my colleague wanted to discuss. I will read the text of my amendment:
That the Standing Committee on Public Safety and National Security undertake a study, pursuant to Standing Order 108(2), to examine the policies, procedures and criteria used by the Parole Board of Canada and the Correctional Service of Canada to govern the issuance conditional releases, the conditions surrounding long-term supervision orders and related release measures, particularly for individuals convicted of first-degree murder and serving life sentences;
That the study examine these releases, including the transparency of the decision-making process, the adequacy of information and community supervision, alignment with the provincial justice system, as well as the impacts on victims and victims' families, and community confidence in the justice system;
That the study include a minimum of five meetings;
That the committee invite the Minister of Public Safety, the Minister of Justice, the Secretary of State (Combatting Crime), the Chairperson of the Parole Board of Canada, the Commissioner of Correctional Service of Canada, experts in correctional matters and risk assessment, as well as any other witnesses the committee deems appropriate to call; and
That the committee report its findings and recommendations to the House.
We all have our own reasons for studying this important issue. We have names in mind, so I think that justifies this study.
In proposing my amendment, I hope to bring together as many colleagues around the table as possible so that we can meet for an in-depth study of how the system works for our victims and victims' families.