Question Period Note: CBSA Review Body

On May 7, 2019, the then-Minister of Public Safety and Emergency Preparedness introduced Bill C-98 to expand the mandate of the existing Civilian Review and Complaints Commission for the RCMP to function as an independent review and complaints body for the CBSA. The Bill received wide support at third reading in the House but did not advance beyond second reading in the Senate before Parliament was dissolved.

• The Government of Canada is committed to ensuring that its border services are worthy of the trust of Canadians, including by strengthening accountability for public safety portfolio agencies.

• The Government intends to create the Public Complaints and Review Commission by building upon the existing Civilian Review and Complaints ‎Commission that currently serves as the review agency for the Royal Canadian Mounted Police.

• The new Public Complaints and Review Commission would be responsible for handling reviews and complaints that are not related to national security activities, for both the CBSA and the RCMP.

• An independent review mechanism for the CBSA would ensure that the public can continue to expect consistent, fair and equal treatment when receiving services at the border.

With a staff of approximately 14,000, the Canada Border Services Agency (CBSA) delivers a wide range of integrated border services at over 1,000 locations, including 117 land-border crossings, 13 international airports, as well as 39 international offices. The CBSA’s activities facilitate the efficient flow of people and goods, and support Canada’s national security and public safety priorities. As part of its responsibilities in managing the border, the CBSA administers more than 90 Acts, regulations, and agreements, many of them on behalf of other federal departments and agencies, provinces and territories.

In carrying out their responsibilities, CBSA employees have contact with Canadian citizens, permanent residents, visitors to Canada, and the trade community. In 2017-2018 alone, CBSA employees interacted with over 96 million travelers, processed over 21 million commercial shipments and processed over 46 million courier shipments.

Each year, the CBSA’s Recourse Directorate receives approximately 2,500 complaints concerning employee conduct and service (e.g., delays at the border). There is currently no mechanism to request an independent review of most of these complaints from the public, including detainees in Immigration Holding Centres. Complaints about conduct and the service provided by CBSA officers are handled internally.

Canada is one of the few developed countries that does not have an independent review body for complaints about the conduct of border agency staff. A comparison of the Border Five allies (U.S., Britain, Australia, New Zealand and Canada) shows that Canada is the only member without an independent review body.

There have been several calls from stakeholders and the Senate to improve CBSA accountability and transparency. In 2015, Bill S-205, An Act to Amend the CBSA Act, was introduced. It proposed the creation of an inspector general to consider complaints made by individuals who claim to have been wronged by the CBSA. In May 2016, during an appearance before the Standing Senate Committee on National Security and Defence (SECD), the then-Minister of Public Safety, Ralph Goodale, expressed support for the intent of the Bill, but not the Bill itself.

Negative media coverage has also raised the question of appropriate accountability. This has been documented via reporting on the deaths of persons detained under authority of the CBSA since 2003. Proponents of an independent review body for the CBSA have pointed that its creation would improve accountability and public confidence in the CBSA by establishing service standards and reporting on complaints and review activities.

In Budget 2019, the Government proposed to amend the Canada Border Services Agency Act, the Royal Canadian Mounted Police Act and other Acts, as required, to expand the Civilian Review and Complaints Commission (CRCC) to act as an independent review body for the Royal Canadian Mounted Police and the Canada Border Services Agency.

On May 7, 2019, the then-Minister of Public Safety introduced Bill C-98, which would have created the Public Complaints and Review Commission (PCRC) by expanding the CRCC to handle reviews and complaints for both the CBSA and the RCMP. Complaints from the public about the conduct of CBSA officers and the quality of services provided would be addressed to the new PCRC. It would also have the ability to review, on its own initiative or at the request of the Minister, any non-national security activity of the CBSA. The National Security and Intelligence Review Agency (NSIRA) is responsible for the review of the CBSA’s national security activities following the coming-into-force of the relevant portions of Bill C-59.

The bill passed third reading at the House of Commons, but Parliament was dissolved before it could pass second reading in the Senate.

None