Parliamentary Committee Notes: Overview Note

Summary

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 Royal Canadian Mounted Police (RCMP) and the Canada Border Services Agency (CBSA)
  • - replaces the existing Civilian Review and Complaints Commission (CRCC) for the RCMP.
• Enacts additional accountability and transparency mechanisms:
  • statutory framework to govern CBSA responses to serious incidents.
  • 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 demographic and race-based data by the PCRC;
  • public education;
• Bill C-20 introduced on May 19, 2022 and studied by the Standing Committee on Public Safety and National Security (SECU) between May 30 and November 6, 2023. Adopted by the House at Third Reading and introduced in the Senate on June 11, 2024. Second reading completed on June 20, 2024 and sent to committee (SECD).

Rationale for enhanced review

• 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:
  • Bills S-222 (2014), S-205 (2015), C-98 (2019) and C-3 (2020).
• Responds to 2022 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.

Increased accountability and transparency tools

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.
• Demographic and 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.

Additional PCRC investigative powers and responsibilities

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 discipline was initiated or imposed
• Conduct a joint investigation, review or hearing into complaints with appropriate authorities of any other jurisdiction, when needed.
• Refer national security matters to the National Security and Intelligence Review Agency (NSIRA) and cooperate with NSIRA to avoid duplication of work.

PCRC mandate for RCMP

• 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 (also known as systemic investigations) of any non-national-security activities of the RCMP
  • 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 mandate for CBSA

PCRC would be responsible for conducting:

• Specified activity reviews of any non-national-security activities of CBSA
  • 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.
• Complaint-related investigations, which include:
  • receiving complaints from the public about CBSA conduct and level of
  • service;
  • conducting reviews when complainants are not satisfied with the CBSA’s handling of their complaints;
  • initiating complaints and investigations into CBSA conduct when it is in the public interest to do so;
  • jurisdiction to receive complaints would extend to detainees held in immigrant stations as proposed in Bill C-69.
• PCRC would report findings and recommendations to the CBSA and the Minister.

Legislating CBSA response to serious incidents

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:

• Requirement for the CBSA to notify police of jurisdiction and the PCRC when such incidents occur;
• Obligation for the CBSA to conduct internal investigations into alleged serious incidents;
• Requirement for the CBSA to provide the PCRC with reports or other information following the investigation of 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.

Other provisions

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), as well as delineation of mandates and coordination with other bodies such as NSIRA.

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.

Amendments made by the House of Commons

The House of Commons made 46 amendments, notably:

Increased diversity

• Requiring that the Minister of Public Safety seek to reflect the diversity of Canadian society when recommending the GIC appointment of a PCRC member.

Enhanced transparency

• Increasing transparency by requiring the PCRC to include additional elements in its annual report and to make public any memorandum of understanding it enters into.
• Creating a requirement for complainants to provide a reason for withdrawing their complaint.
• Specifying that complaints filed cannot be subject to a non-disclosure agreement.

Increased accessibility

• Allowing third parties to request the PCRC to initiate a specified activity review.
• Specifying in the bill that third parties can submit a complaint to the PCRC.
• Increase the time limits to make a complaint from one to two years after an event occurred.

Enhanced reporting to Parliament

• Require the PCRC to include in its annual report to Parliament demographic and race-based data on complainants, as well as complaints disposed of through the reconciliation process with Indigenous peoples.

Increased autonomy for the PCRC

• Providing the PCRC its own discretion to determine that it is satisfied that sufficient resources exist to conduct specified activity reviews and that the handling of complaints will not be compromised.
• Provide the PCRC the discretion, rather than an obligation, to refuse a complaint if it determines that the complaint has been, or could be, more appropriately dealt with through another procedure under any federal or provincial legislation.

Application of PCRC Act to RCMP Reservists

• Extending the mandate of the PCRC to include RCMP reservist conduct and level of service.

Increased cooperation with other review bodies or federal entities

• Providing GIC regulation making authorities with regard to the sharing of information, referral of complaints and holding of joint proceedings to increase coordination between the PCRC, NSIRA and other prescribed federal entities.

Expansion of PCRC role into discipline-related processes

• Providing an ability to the PCRC to review complaints around disciplinary actions taken or not taken by the CBSA President.

Increased participation of unions in the complaint and review process

• Allowing for increased participation from RCMP and CBSA unions in the complaints and review process.

Date modified:

2025-01-08