By Canadian Press

Border agency watchdog will ‘fill gap’ for disgruntled travellers, Goodale says

Mar 22, 2019 | 2:10 PM

OTTAWA — Travellers, immigration detainees and others who feel mistreated by Canada’s border agency will be able to complain to an independent body under a new measure included in the federal budget.

Border officers can stop travellers for questioning, take blood and breath samples, and search, detain and arrest people without warrants. Some encounters at the border have left travellers frustrated and angry.

The border agency has also come under pressure to be more forthcoming about its role in immigration detentions following people’s deaths in its custody — 14 of them since 2000, according to a compilation of reports by the B.C. Civil Liberties Association.

The Liberal government is planning legislative changes to give the RCMP watchdog the additional responsibility of handling public complaints about the Canada Border Services Agency. The budget allocates $24 million over five years, starting in 2019-20, and $7 million a year after that, to expand the mandate of the Civilian Review and Complaints Commission for the RCMP.

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Public Safety Minister Ralph Goodale said Wednesday the government wants to move quickly on establishing the revamped agency to “fill a gap” in federal public-safety operations and bolster accountability.

“We’ll obviously provide it with a different name, there’ll be changes in structure, the new money is identified in the budget to move it forward,” Goodale said in an interview. “But the objective here is to have an appropriate review agency that can deal with complaints on one side dealing with the RCMP, and on the other side dealing with CBSA.”

The border agency’s thousands of employees manage the flow of about 100 million travellers — as well as many millions of commercial shipments — entering Canada annually. They collect, analyze and distribute information concerning people and goods at border points, air terminals and seaports.

The agency’s internal recourse directorate handles complaints from the public. Other bodies, including the courts, the federal privacy commissioner and the Canadian International Trade Tribunal, examine various concerns about the agency’s work.

The Liberals have taken steps to keep a closer eye on the border agency’s national-security activities by creating a special committee of parliamentarians to review federal security services and proposing a super-watchdog of civilian experts to complement that work.

But the border agency is not overseen by a dedicated, independent review or complaints body, prompting civil libertarians, refugee lawyers and parliamentary committees to call for stronger arm’s-length monitoring.

The model adopted by the government — rolling the duties of the RCMP watchdog into the new body — essentially mirrors a proposal by former Privy Council chief Mel Cappe in a June 2017 report commissioned by Public Safety.

Goodale suggested the new agency would not only process complaints but be able to initiate public-interest reviews on its own, and that complainants would have the same avenues of appeal now open to those who pursue grievances against the RCMP.

“We think by actually using an institution that already exists and building on that platform and expanding it, we’ll be able to move faster and it will actually be more cost-effective than if we started from the ground up with something completely new,” Goodale said.

Scott Bardsley, a spokesman for Goodale, said there will be more to say about legislation to create the new agency in “the near future,” adding the government is confident it can see the changes through in the limited time before a fall election.

— Follow @JimBronskill on Twitter

Jim Bronskill , The Canadian Press