Question Period Note: Enhanced Civilian Review of the RCMP and the CBSA

Members of Parliament and the public are expected to welcome a Bill to expand the mandate of the existing Civilian Review and Complaints Commission for the RCMP, to provide an independent review and complaints body for the CBSA.

• The Government recognizes that robust accountability mechanisms help to improve public trust in public safety institutions.

• The Government is committed to introducing — at the earliest opportunity — legislation to create a complaints and review body for the Canada Border Services Agency (CBSA) by building upon the existing Civilian Review and Complaints ‎Commission (CRCC).

• The legislation would also further enhance the Commission’s ability to review Royal Canadian Mounted Police (RCMP) related public complaints.

• This new Public Complaints and Review Commission would handle reviews and public complaints, except those related to national security activities.

• The Commission would conduct specified activity reviews of both the RCMP and the CBSA’s policies and procedures, and share findings and recommendations with the Minister of Public Safety.

• A review mechanism for the CBSA would ensure that the public can continue to expect consistent, fair and equal treatment.
• The RCMP and the CBSA are working to ensure that they have proper resources and infrastructure in place to support the enhancements to an expanded review body, and they remain committed to service excellence in protecting Canadians.

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 serve as the independent review body for the Royal Canadian Mounted Police and the Canada Border Services Agency.

On January 27, 2020, the Minister of Public Safety and Emergency Preparedness introduced Bill C-3, which would expand the purview of the CRCC to handle reviews and complaints for both the CBSA and the RCMP. Bill C-3 passed first reading at the House of Commons, but, due to delays related to the Covid-19 pandemic, and the prorogation of Parliament in August 2020, the Bill died on the Order Paper.

On September 23, 2020, the Speech from the Throne committed to:

• Introducing legislation and making investments that take action to address the systemic inequities in all phases of the criminal justice system, from diversion to sentencing, from rehabilitation to records;
• Moving forward on enhanced civilian oversight of our law enforcement agencies, including the RCMP;
• Modernizing training for police and law enforcement, including addressing standards around the use of force;
• Moving forward on RCMP reforms, with a shift toward community-led policing;
• Accelerating work to co-develop a legislative framework for First Nations policing as an essential service.

On January 15, 2021, the Supplementary Mandate Letter to the Minister of Public Safety and Emergency Preparedness re-affirmed the Government’s commitment to take action to address systemic inequities in law enforcement and ensure that the RCMP meets the needs and expectations of all Canadian communities, including enhancing civilian oversight of the RCMP. The letter also stated that the government will introduce and bring into force legislation to create a review body for the CBSA, including measures to ensure that complaints and reports are responded to promptly.

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