BSO Misconduct and Investigations at the CBSA

Classification: Unclassified

Fully releasable (ATIP)? Yes

Branch/Agency: CBSA

Issue: Response to ATIP package #A-2020-00482 (employee misconduct/investigations).

Proposed Response:

• Isolated matters by individual CBSA employees do not reflect the integrity and professionalism of thousands of CBSA employees who carry out their duties in an exemplary manner.
• All CBSA employees are subject to a very strict code of ethics and behaviour and any employee who violates these may face disciplinary action.
• The Agency investigates all allegations of inappropriate behaviour and takes corrective actions accordingly.
• Appropriate corrective measures follow when allegations are determined to be founded. 
• The CBSA stands behind its employees at all levels, in particular those who have been harassed in the workplace. 
• We continue to work with all employees and unions to build a healthier culture that is free from workplace harassment, discrimination and violence.

If pressed on harassment in the workplace:

• The CBSA is taking action to build on initiatives that are already underway to ensure a healthy workplace for all its employees.
• The CBSA has established a Centre of Expertise to educate and prevent harassment complaints. Additionally, the Centre provides for comprehensive and consistent management of cases, as well as the ability for systematic and rigorous data capture, to measure and report on our progress on an annual basis.

If pressed on specific cases referenced in the ATIP:

• The CBSA will not provide specific comments on the cases referenced, but I can confirm that full investigations were conducted of the allegations in each case.
• I can also confirm that the CBSA implemented the corrective measures necessary, which included the dismissal of an employee.

Background:

Release of Information relating to Investigations into BSO Misconduct

The ATIP release contained summary information of all allegations received between 2018 and 2020. The content of this ATIP describes :

• employee behavior that is indicative of serious misconduct;
• unacceptable employee behavior towards travelers, including one case where a BSO made unprofessional comments during a physical search; and
• employee behavior that may be criminal in nature, including possible theft of property seized from travelers. 

For serious cases of employee misconduct, a formal investigation is conducted by a Senior Investigator from CBSA’s Security and Professional Standards Directorate. At the conclusion of the investigation, a report outlining the investigator’s findings is issued to the responsible senior manager and corrective measures are applied, as appropriate.

In fiscal year 2019-20, the CBSA reviewed over 400 allegations of misconduct. While a majority of cases are addressed directly by management, the CBSA conducted 35 formal Professional Standards Investigation into serious allegations of misconduct in fiscal year 2019-2020.

Creating a Respectful Workplace free from Misconduct and Other Inappropriate Behavior

The CBSA takes the well-being of its employees very seriously and emphasizes the appropriate behaviours expected of its employees at all levels. The CBSA has taken a number of concrete measures to ensure a healthy and respectful workplace, including:

• Enhancing attention to leadership selection, training and development. Building on its existing Leadership Development Strategy, the CBSA introduced Character Based Leadership to enrich our methodology for the selection and development of leaders.
• Creating a team dedicated to culture In 2018. This team has introduced a number of mechanisms to engage employees, beginning with a country-wide listening tour when they were first launched that involved 30 sessions with employees from all regions. These have since been supplemented with a network of culture ambassadors that regularly collect and share information on employee perceptions, design workshops, surveys and Arm Chair discussions with our President and Executive Vice-President.  Hearing directly from employees is helping us identify areas for improvement.
• Renewing the Agency’s Mental Health Strategy in April 2019 to ensure that our approach is reflective of the latest research in this important area.
• Nationalizing our internal services in key HR areas in April 2019 to ensure consistency in our practices and build a more robust community of support for employees and managers.
• Creating a National Integrity Centre of Expertise for addressing and preventing conflict in the workplace in July 2019 to:
  • ensure a centralized, coordinated and consistent approach to all harassment complaints;
  • ensure objectivity through the use of external investigators;
  • support all parties involved in the complaint process; and,
  • track and monitor both programming and complaints at a national level.

The objectives of this work are to support the Agency in addressing unhealthy conflict in the workplace before it happens, and to improve the CBSA’s response  and subsequent workplace restoration in instances where it does occur.

Contacts:
Prepared by: Pierre Lessard, Director General, FCMB, [REDACTED]
Approved by: Jonathan Moor, Vice-President, FCMB, [REDACTED]
Louise Youdale, Vice-President, HRB, 613-948-3180

Date modified:

2020-10-26