Canadian government creates new review commission for RCMP and CBSA

The Canadian government has passed legislation establishing an independent review body to oversee the Royal Canadian Mounted Police (RCMP) and the Canada Border Services Agency (CBSA).

A news release highlighted that Bill C-20, which received Royal Assent on October 31, creates the Public Complaints and Review Commission (PCRC). The commission, the “first-ever independent complaints and review body,” will investigate public complaints about officer conduct and service levels at both agencies.

“The PCRC Act will be the first federal statute to require the collection, analysis and reporting of demographic and race-based data on complainants, an important step that will contribute to identifying systemic issues within our law enforcement and develop better-informed solutions to combat them,” the news release noted.

“The passage of Bill C-20 is a huge step forward in terms of accountability and transparency in the realm of law enforcement in Canada,” said Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs Dominic LeBlanc. “For the first time, complaints about the conduct and level of service provided by CBSA employees will be subject to independent review by a body with a legislated mandate and powers. Our democracy will be stronger for it.”

The government has allocated $112.3 million over six years and $19.4 million annually after that to support the PCRC. The commission will replace the existing Civilian Review and Complaints Commission for the RCMP while adding oversight of CBSA operations.

The new legislation will also enact measures to increase accountability and transparency, including a robust reporting framework for review processes and mandatory timelines for the RCMP and CBSA to respond to PCRC reports, reviews, and recommendations.

Bill C-20 was developed following consultations with experts, academics, civil rights organizations, and community groups. It implements commitments from the 2020 speech from the throne and the December 2021 mandate letter to the Minister of Public Safety.

The news release noted the CBSA has been subject to review by various independent boards, tribunals, and courts, but has not had a dedicated external body for handling complaints about employee conduct and service quality.

The PCRC joins oversight bodies including the National Security and Intelligence Committee of Parliamentarians (NSICOP) and the National Security and Intelligence Review Agency (NSIRA).