Bill C-20: CBSA personnel must be able to report problematic conduct from managers

October 10, 2024

Addressing the Senate Standing Committee on National Security, Defence and Veterans Affairs on Monday, October 7, CIU National President Mark Weber flagged outstanding issues with Bill C-20, which would create a new Public Complaints and Review Commission (PCRC) for both the Royal Canadian Mounted Police and the Canada Border Services Agency.

This is the second time the CIU National President addresses a parliamentary committee regarding the bill. Mark Weber previously appeared as a witness in front of the House of Commons Standing Committee on Public Safety and National Security in June 2023 on the same subject. Thanks to CIU’s testimony and to recommendations from that Committee, the final version of the bill adopted by the House of Commons featured notable improvements, including around union involvement.

Reporting problematic behaviour from managers

Still, as the CIU National President pointed out to the Senate Standing Committee tasked with reviewing the bill, important questions remain. “The Agency is well-known amongst its employees for letting gross abuse by management run unchecked, and it is difficult for CBSA employees to see complaints about managers go addressed through existing channels” explained Mark Weber, highlighting that “CBSA managers often promote the very atmosphere that allows bad behaviour to flourish.” To help address this, it is important for Bill C-20 to include clear language around an employee’s right to report problematic conduct from managers, ensuring that CIU members can avail themselves of the recourses offered by the PCRC.

Concerns around time limits

The National President also brought forth pressing concerns around time limits, as complaints to the PCRC could be made up to two years after an incident allegedly occurred. “Some [of our members] are dealing with hundreds of travellers a day. Imagine a complaint coming in about a five-second interaction that happened 18 months ago. The odds of having an ability to recollect or know what happened are close to zero. That is not fair for the accuser or the accused,” said Weber to the Committee.

Further expanding on the issue around time limits, Mark Weber also added that “you need specific timelines in terms of when an investigation comes to a resolution. For every step, timelines need to be included. Right now, it looks like these investigations could go on for years with no real, clear deadlines as to when a decision has to be made.”

CIU submitted a brief to the Committee detailing the union’s concerns and recommendations. Read it here.

Pension legislation also needs to be updated

During his opening statement, the CIU National President also restated the need to overhaul legislation around early pension eligibility for CBSA personnel before C-20 is enacted, so that the benefits our members have access to are consistent with the additional oversight proposed by C-20. “CBSA law enforcement personnel are at a disadvantage compared to their peers working for other similar agencies,” explained Mark Weber. “They must work longer before retirement, often becoming sick or injured on the job, or unable to meet the physical demands of their work.”

The inconsistency between C-20 and existing pension eligibility is something that the National President had flagged to the House of Commons Public Safety Committee in June 2023. CIU was encouraged in June of 2024 when the government announced that legislation enabling such changes would be tabled this fall.

“We’re looking forward to these changes in the very near future” said Weber on Monday, emphasizing “how important it is that these occur before C-20 is enacted.”

See selected clips below. A full recording of the Committee proceedings can be viewed here (with interpretation language options).

 

 

 

 

 


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