OTTAWA — The push for an independent review body to oversee Canada's border agency has reached a significant milestone, yet there are ongoing concerns within civil society regarding the effectiveness of the upcoming watchdog. The new oversight mechanism will enable travelers, immigration detainees, and others who feel wronged by the Canada Border Services Agency (CBSA) to lodge complaints with the Public Complaints and Review Commission once it becomes operational.
The CBSA is tasked with managing the flow of millions of travelers and shipments entering Canada each year. Its extensive network operates at border points, airports, and seaports, and is responsible for collecting, analyzing, and disseminating information about incoming people and goods. Border officers have considerable authority, including the ability to stop travelers for questioning, conduct searches, and detain or arrest individuals without warrants.
Currently, a unit within the CBSA handles public complaints, while various other entities, such as the courts, the federal privacy commissioner, and the National Security and Intelligence Review Agency, address different concerns. However, the agency has never been subject to a dedicated, independent complaints and review body. This new commission aims to fill that gap and will also have oversight responsibilities for Royal Canadian Mounted Police (RCMP) activities.
The newly established commission will allow the public to submit complaints regarding the conduct of CBSA or RCMP officers, as well as the quality of service rendered. It will also review grievances from detainees held in CBSA facilities and conduct systemic reviews of both CBSA and RCMP operations.
Organizations that advocate for civil liberties, human rights, and the rights of refugees and migrants will have the ability to file complaints with the new review body. Civil society groups have expressed optimism about the prospect of enhanced scrutiny over the CBSA, while also emphasizing the need for the commission to investigate systemic issues rather than merely isolating individual complaints. Tim McSorley, the national co-ordinator of the Ottawa-based International Civil Liberties Monitoring Group, highlighted the pressing need to move beyond individual cases to address broader patterns of abuse.
McSorley stated that further discussions with federal officials are necessary to clarify the operational relationship between the new commission and the National Security and Intelligence Review Agency. He also noted the importance of determining the types of complaints that third parties can submit to the commission.
The government has committed $112 million over five years, along with more than $19 million annually thereafter, to establish the new review body. Public Safety Canada has indicated that the work to set up the commission is already in progress, though no specific start date for its operations has been disclosed.
Aaron McCrorie, the vice-president of intelligence and enforcement at the CBSA, welcomed the notion of increased transparency and oversight. He referenced the established practice of allowing the Canadian Red Cross to monitor conditions within the agency's immigration holding centers as a positive example of external oversight.
As the agency prepares for the upcoming oversight changes, McCrorie indicated that staff members have been designated to liaise with the new watchdog. He expressed confidence in the agency's operations, stating, "We're well-positioned and welcome the opportunity to demonstrate to Canadians how well we're running the program."
This report highlights the significant steps being taken towards improved oversight of Canada’s border operations, while also addressing the ongoing concerns regarding the effectiveness of the new review commission. The establishment of this independent body aims to provide a mechanism for accountability, albeit under scrutiny regarding its capacity to address systemic issues within the CBSA and RCMP.
