CBSA Review Body
Date: July 17, 2020
Classification: Unclassified
Branch/Agency: CSCCB
Issue:
Former Minister Goodale has stated that Bill C-3 could be enhanced by increasing transparency and adding timeframes for the RCMP and CBSA to respond to Commission reports. How might this be accomplished?
Proposed Response:
- Effective civilian oversight is central to maintaining public confidence in law enforcement agencies and achieving the rule of law.
- The important work of the CRCC is one way by which the RCMP remains accountable to me, to Parliament and to all Canadians.
- I have discussed with Commissioner Lucki the importance of responding to complaint investigations in a timely manner.
- The Government is committed to advancing Bill C-3 at the earliest opportunity.
- We are working closely with the CRCC, RCMP and CBSA to ensure a smooth transition to the new review body that would cover both the RCMP and the CBSA.
- As Bill C-3 is considered in committee, I am open to hearing the views of Parliamentarians regarding how the proposed legislation may be strengthened to enhance accountability, timeliness and transparency.
- The new PCRC will be a fully independent agency that receives and reviews complaints made by the public about the on-duty conduct of CBSA members in addition to RCMP members.
If pressed on the calls for changes to Bill C-3
- The existing legislation allows for the development of regulations surrounding timelines associated with complaints that could serve to enhance accountability and transparency.
- Once established, the PCRC will be able to conduct systemic reviews of CBSA internal policies and practices at its own initiative in addition those of RCMP, which could serve as a platform to increase the accountability and transparency of both agencies.
Background:
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 2018-19 alone, CBSA employees interacted with over 96 million travelers, processed over 19 million commercial shipments and processed over 54 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.
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.
As announced in the Minister of Public Safety and Emergency Preparedness Mandate Letter, the Minister of Public Safety plans to reintroduce and bring into force legislation to create a review body for the CBSA.
Contacts:
Prepared by: Daniel Cunningham, Analyst, CSCCB, [REDACTED]
Approved by: Trevor Bhupsingh, ADM, CSCCB, 613-990-2703
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