Parliamentary Committee Notes: Summary of Report Stage – Third Reading Debate
Bill C-20, which would establish the Public Complaints and Review Commission (PCRC), an external review body for the Royal Canadian Mounted Police (RCMP) and the Canada Border Services Agency (CBSA), received support from all parties at Report stage and Third Reading.
Report stage debates took place on May 3, June 4, June 6, and June 10, 2024. Bill C-20 was adopted unanimously at Third Reading on June 11,2024.
The following key points and questions were raised during debates:
Concerns about delays
The Conservative Party of Canada (CPC), New Democratic Party (NDP), Bloc Québécois (BQ), Green Party (GP) and Liberal Party of Canada (LPC) have all raised concerns about delays in advancing the legislation, due to various factors.
For instance, the CPC, NDP, BQ and the GP criticized the LPC for the time it took advance the longstanding government commitment of establishing an independent review body for the CBSA.
The CPC mentioned the significant time taken to advance Bill C-20 at different stages of the legislative process but also to advance this commitment through previous attempts, citing Bill C-98 in 2019 and Bill C-3 in 2020, which both died on the Order Paper. Further, the CPC raised concerns that the government would be taking a long time to implement the PCRC if the bill receives Royal Assent.
The BQ, NDP and LPC, in turn, criticized the CPC for causing further delays by using delaying tactics in Parliament and wasting resources during the study of Bill C-20 by Standing Committee on Public Safety and National Security (SECU).
Need for consultations
The CPC raised concerns about a lack of proper consultations with stakeholders, including Indigenous Chiefs and the National Police Federation. According to the CPC, the bill did not reflect many of the recommendations offered by experts to improve on the PCRC model proposed in Bill C-20.
Lack of independence
The CPC argued that the complaint and review process proposed in Bill C-20 is not independent as most complaints against the RCMP would be referred to the RCMP for initial investigation. They argued that the police should not investigate themselves and that an independent body is necessary to ensure professionalism, impartiality and building public trust. They further argued that RCMP participation in such investigations is taking away time from RCMP officers to do work on the front lines.
Need for proper resourcing
The CPC, BQ, and NDP have all expressed concerns that the PCRC, the RCMP and the CBSA may not be properly resourced (e.g., human and financial resources) to fulfill their review and other responsibilities under the legislation enacted under Bill C-20.
The CPC, NDP and BQ called for the Government to ensure that the PCRC would be properly funded. Notably, the BQ highlighted CRCC testifying about insufficient resources at SECU, and raised concerns about the PCRC’s ability to fulfill its added mandate in light of lacking resources.
The BQ also mentioned the Government should give proper funding and resources to CBSA officers so they can conduct their law enforcement functions.
Positive contributions from SECU
The BQ and NDP expressed their appreciation on the advancement of Bill C-20.
The BQ mentioned that, during the study of Bill C-20 at the SECU, the overall collaboration with all parties was positive.
The BQ and NDP both highlighted significant improvements made to the bill by SECU amendments, including:
- Allowing third parties to file a complaint or to request that the PCRC initiate a specified activity review (SAR).
- Ensuring that members of the PCRC represent the diversity of Canadian society.
- Removing a condition under the bill that required the PCRC to be satisfied that it had sufficient resources to initiate a SAR.
- Adding a requirement that copies of the PCRC's correspondence be sent to the complainant's legal representative.
- Requiring complainants to provide a reason for withdrawing their complaint.
- Specifying that complaints that are filed cannot be subject to a non-disclosure agreement.
- Providing a role to RCMP and CBSA Unions in the development of service standards, and giving them the opportunity to make representations before the PCRC.
Additional items raised
Finally, all parties mentioned the importance of Bill C-20 and the establishment of an independent review body in light of evidence of systemic discrimination and racism in law enforcement.
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