A new report from Whistleblowing Canada Research Society has raised significant concerns regarding the federal government’s failure to enact a law aimed at establishing an independent oversight body for the Canada Border Services Agency (CBSA). Despite receiving royal assent in October 2024 after extensive parliamentary discussions and a unanimous vote, the provisions of Bill C-20 remain unimplemented, leaving whistle-blowers without proper channels for reporting grievances.
Background on Bill C-20
Bill C-20, which has been a focal point of discussion in Parliament for over two years, mandates the creation of a Public Complaints and Review Commission. This commission is intended to address and investigate complaints against CBSA and Royal Canadian Mounted Police (RCMP) personnel. While the RCMP has an existing review body, the CBSA has lacked any independent oversight mechanism, raising questions about accountability within the agency.
The legislation aims to broaden the scope of complaint handling, allowing any member of the public to voice concerns about the conduct of CBSA employees. The new commission is designed to take over the role of reviewing complaints that currently lie with the RCMP’s review body, thereby expanding its mandate to encompass a wider array of issues, including cases involving public servants.
Whistle-Blower Concerns
In its recent report, the Whistleblowing Canada Research Society emphasised the urgency of implementing Bill C-20, noting that whistle-blowers currently lack an independent forum to address their complaints about the CBSA. Pamela Forward, the organisation’s president, expressed frustration over the government’s inaction. “The new law is quite powerful and should be put into effect as soon as possible,” she stated. Forward highlighted the investigative authority granted to the proposed commission and lamented the absence of a clear government explanation for the delay.
Simon Lafortune, speaking on behalf of Public Safety Minister Gary Anandasangaree, acknowledged the complexities involved in establishing the new commission. He noted that creating an organisation with an expansive mandate across two federal agencies involves considerable planning, including governance structures, staffing, and technological systems. While the minister’s office has indicated that consultations regarding the commission’s regulations will commence later this year, no definitive timeline for its launch has been provided.
The Case of Luc Sabourin
The report delves into the case of Luc Sabourin, a former CBSA official whose testimony before a House of Commons committee in 2023 exposed serious issues within the agency. Sabourin recounted facing harassment and intimidation after raising concerns about a directive he received in 2015 that involved destroying passports and misrepresenting their status in federal databases.
“I reported them, and it cost me my career,” Sabourin remarked, underscoring the urgent need for independent oversight. CBSA spokesperson Luke Reimer countered by stating that Sabourin’s allegations were thoroughly investigated and found to be unsubstantiated. He also asserted that the agency is committed to supporting the establishment of the new commission and has mechanisms in place for handling citizen complaints.
Ongoing Issues at CBSA
The matter of workplace culture and whistle-blowing practices within the CBSA has recently come under scrutiny by the House of Commons public safety and national security committee. A motion introduced by Conservative MP Rhonda Kirkland aims to investigate systemic discrimination and the toxic work environment reported by several whistle-blowers.
During committee discussions, Kirkland revealed that she had received numerous communications from current and former CBSA employees detailing claims of bullying and harassment. “People who reach out to me are genuinely afraid of reprisal,” she stated, highlighting the pervasive fear among employees regarding repercussions for speaking out.
CBSA President Erin O’Gorman acknowledged the existence of issues within the agency and assured committee members that steps are being taken to address discrimination and harassment. However, she also admitted that the effectiveness of existing systems is variable and requires significant improvement.
Why it Matters
The delay in the implementation of Bill C-20 is not merely a procedural oversight; it has profound implications for the integrity of oversight mechanisms within the CBSA. As whistle-blowers like Luc Sabourin demonstrate, the absence of an independent review body leaves employees vulnerable to retaliation and undermines their ability to report misconduct. With increasing scrutiny on workplace culture and accountability at the CBSA, the establishment of the proposed commission is crucial for restoring public trust and ensuring that employees can voice their concerns without fear of reprisal. The government must act swiftly to implement this essential oversight to foster a more transparent and accountable border agency.