A recent report by Whistleblowing Canada Research Society has intensified scrutiny on the federal government’s failure to enact a pivotal law aimed at establishing an independent oversight body for the Canada Border Services Agency (CBSA). Despite receiving royal assent in October 2024, the implementation of Bill C-20 remains stalled, leaving whistle-blowers without a crucial channel to address grievances regarding the agency’s conduct.
Delayed Implementation of Bill C-20
Bill C-20, which was passed with overwhelming support—a unanimous vote of 323-0 in the House of Commons—was designed to create the Public Complaints and Review Commission. This independent body would have the mandate to investigate complaints against both the Royal Canadian Mounted Police (RCMP) and the CBSA. While the RCMP currently has an oversight mechanism, the CBSA has lacked such scrutiny, raising alarms over accountability.
Pamela Forward, president of the Whistleblowing Canada Research Society, asserted the urgency of implementing the law. “It gives very strong investigative powers to the new complaints commission,” she emphasised, noting the absence of clear rationale from the government for the ongoing delays. “It’s quite unusual that it should be delayed for so long.”
Government’s Response and Future Consultations
In response to the report, Simon Lafortune, spokesperson for Public Safety Minister Gary Anandasangaree, acknowledged the complexities involved in establishing the new commission. “Establishing a new organization with an expanded mandate spanning two federal agencies—governance, staffing, IT systems, and operational protocols—takes time,” he explained. The government has promised to initiate consultations later this year regarding the regulations for the commission, although no timeline for its launch has been provided.
In the interim, CBSA spokesperson Luke Reimer asserted that the agency has mechanisms in place to handle citizen complaints and is actively cooperating to facilitate the new commission’s establishment.
Whistleblower Cases Highlight Need for Oversight
The report also revisited the troubling case of Luc Sabourin, a former CBSA official whose whistle-blowing efforts have underscored the dire need for independent oversight. Sabourin testified before a House of Commons committee in 2023, detailing his experiences of harassment and intimidation after he raised concerns about being instructed to destroy passports and falsely document their return to embassies. “I reported them, and it cost me my career,” he lamented, illustrating the risks faced by whistle-blowers within the agency.
Reimer stated that Sabourin’s allegations were thoroughly investigated by impartial entities, concluding that no inappropriate actions were taken regarding passport destruction. Nonetheless, the enduring concerns regarding workplace culture within the CBSA have drawn further attention.
Ongoing Investigations into Workplace Culture
The issue of harassment and discrimination within the CBSA is currently under examination by the House of Commons public safety and national security committee. The committee recently approved a motion from Conservative MP Rhonda Kirkland to investigate “systemic discrimination and toxic workplace culture” within the agency. Kirkland noted that she has been inundated with correspondence from current and former employees, many of whom express fears of retaliation for voicing their concerns. “People who reach out to me are genuinely afraid of reprisal,” she stated, highlighting the urgent need for external oversight.
CBSA president Erin O’Gorman acknowledged the agency’s shortcomings in addressing discrimination and harassment, affirming that while there are systems to tackle these issues, they are not functioning effectively. “We need our systems and processes to work,” she emphasised, acknowledging that problems persist within the agency’s culture.
Why it Matters
The delay in establishing an independent oversight body for the CBSA raises significant questions about accountability and transparency within one of Canada’s key federal agencies. As whistle-blowers like Luc Sabourin face potential retaliation for coming forward, the absence of an external review mechanism not only undermines public trust but also perpetuates a culture of silence. The government’s commitment to addressing these issues will be crucial in restoring confidence among employees and the public alike. The implications of this situation extend beyond the agency itself, reflecting broader concerns about governance and the treatment of those who dare to challenge systemic issues.
