Parliamentary Committee Notes: Overview Deck

Bill C-20, An Act Establishing the Public Complaints and Review Commission and amending certain Acts and statutory instruments

May 19, 2022
Last updated: 2022-05-18

Bill C-20 – would enact a new standalone statute, the Public Complaints and Review Commission Act,
that:

• Establishes a Public Complaints and Review Commission (PCRC) for both the RCMP and the CBSA
  • replaces the existing Civilian Review and Complaints Commission (CRCC) for the RCMP.
• Enacts additional accountability and transparency mechanisms:
  • codified timelines for RCMP and CBSA responses to PCRC interim reports, reviews and
  • recommendations; and information sharing between the RCMP, the CBSA and the PCRC;
• mandatory annual reporting by RCMP and CBSA on actions taken in response to PCRC recommendations;
• mandatory reporting of disaggregated race-based data by the PCRC;
• public education;
• statutory framework to govern CBSA responses to serious incidents.
• Effective civilian review is central to the rule of law and maintaining public confidence and trust.
• Responds to a longstanding need to establish independent review of the CBSA and improve RCMP review.
• Builds on previous proposals to create a review body for the RCMP and the CBSA:
  • Bill C-98 (2019) and Bill C-3 (2020).
• Responds to recent Federal Court decision that the RCMP must provide a response to CRCC interim reports within 6 months.
• Advances Minister of Public Safety’s mandate letter commitments to:
  • Create a review body for the CBSA and codify defined timelines for RCMP and CBSA responses to complaints and recommendations; ensure continued compliance with accountability and review bodies.
  • Combat systemic racism and discrimination in the criminal justice system; continue advancing efforts towards a path of reconciliation with First Nations, Inuit and Métis Peoples.
  • Ensure the RCMP and CBSA continue work to transform their culture and create a culture of accountability, equity, diversity and inclusion.

Bill adds to existing CRCC powers by providing enhanced accountability and transparency tools, including:

• A standalone statute, which reinforces its independence from the RCMP and the CBSA.
• Codified timelines for RCMP and CBSA responses to PCRC interim reports (6 months) and specified activity reviews and
• recommendations (60 days).
• RCMP and CBSA annual reporting to the Minister of Public Safety on progress in implementing PCRC recommendations.
• Race-based data collection and publication by the PCRC, with RCMP and CBSA, to increase knowledge about systemic
• racism in law enforcement and inform responses.
• Mandated PCRC public education and information programs, to increase public knowledge and awareness of the Commission’s mandate and their rights to redress.
• Offences and punishments for obstruction and non-compliance with the PCRC.
• A right for individuals detained by the CBSA to be informed of their avenue to make a complaint.

The statute would also provide the PCRC with additional authorities to:

• Recommend that the RCMP and the CBSA Deputy Heads initiate disciplinary-related processes, or impose a disciplinary measure, under certain circumstances
  • Deputy Heads would be required to advise the Minister, and the PCRC Chairperson, whether or not discipline was initiated or imposed
• Conduct a joint investigation, review or hearing into complaints with appropriate authorities of any other jurisdiction, when needed.
• Merge two or more complaints involving both the RCMP and the CBSA for the purpose of an investigation, review or hearing.
• Refer national security matters to the National Security and Intelligence Review Agency and cooperate with NSIRA to avoid duplication of work.
• PCRC would continue the CRCC’s existing complaints and review mandate for the RCMP, with increased accountability tools at its disposal. This mandate would include:
  • Conducting specified activity reviews of any non-national-security activities of the RCMP, either on the PCRC’s own initiative, or at the request of the Minister
  • Conducting complaint-related investigations, which include:
    • receiving complaints from the public about RCMP conduct and level of service,
    • conducting reviews when complainants are not satisfied with the RCMP’s handling of their complaints,
    • initiating complaints and investigations into RCMP conduct when it is in the public interest to do so.
  • Reporting findings and recommendations to the RCMP and the Minister
• Transitional provisions would provide that:
  • All current complaints handled by the CRCC would be continued under the PCRC;
  • The current CRCC Chairperson would continue in office under PCRC.

PCRC would be responsible for conducting:

1. Specified activity reviews of any non-national-security activities of CBSA, either on the PCRC’s own initiative, or at the request of the Minister
1. includes non-national-security activities conducted by CBSA at the border and inland, while administering duties under more than 90 Acts, regulations and agreements on behalf of other federal departments and agencies, the provinces and the territories.
2. Complaint-related investigations, which include:
1. receiving complaints from the public about CBSA conduct and level of service,
2. conducting reviews when complainants are not satisfied with the CBSA’s handling of their complaints,
3. initiating complaints and investigations into CBSA conduct when it is in the public interest to do so.
3. PCRC would report findings and recommendations to the CBSA and the Minister.

The Bill would create a statutory framework in the CBSA Act to govern CBSA’s responses to serious incidents, which are now governed by internal policy:

• Obligation for the CBSA to conduct internal investigations into alleged serious incidents;
• Requirement for the CBSA to notify police of jurisdiction and the PCRC when such incidents occur;
• Requirement for the CBSA to provide the PCRC with reports or other information on serious incidents;
• Authority for the PCRC to send an observer to verify the impartiality of CBSA serious incident investigations;
• Requirement for the PCRC to report on the number, types and outcomes of serious incidents as part of annual reporting.

Mechanics of PCRC

• The PCRC would be headed by a Chairperson and up to four additional members, including a Vice- Chairperson, appointed by the Governor in Council (GIC).

Regulations

• Bill provides GIC regulation-making powers for information sharing and related procedures (e.g., protection of information, procedural service standards).

Consequential and linguistic amendments

• Consequential updates to the RCMP Act, CBSA Act and other statutes to reflect the new Commission and make linguistic updates.

Coming into Force

• To be fixed by Order in Council.

Date modified:

2023-08-08