In a stark indictment of the federal government’s inaction, whistle-blower advocates have unveiled a report highlighting the failure to implement a pivotal 2024 law aimed at establishing an independent oversight body for the Canada Border Services Agency (CBSA). Bill C-20, which received royal assent in October 2024 following extensive parliamentary debate and a unanimous vote in the House of Commons, is designed to create a Public Complaints and Review Commission to investigate complaints against CBSA and Royal Canadian Mounted Police (RCMP) employees. However, as of now, the much-anticipated body remains non-operational.
A Long-Awaited Promise
Bill C-20 has been heralded as a significant step towards accountability within Canada’s border security framework. While the RCMP already has a review mechanism in place, the CBSA has lacked such scrutiny, leaving many concerns unaddressed. The law is intended to empower individuals to file complaints related to the conduct of CBSA and RCMP personnel, expanding the scope of oversight beyond national security matters to include a wider array of issues.
Pamela Forward, president of the Whistleblowing Canada Research Society, expressed her disappointment over the government’s delay in rolling out this essential oversight mechanism. “The new law is quite powerful and should be enacted without further delay,” she asserted, emphasising the robust investigative authority it grants to the proposed commission. Forward lamented the absence of a coherent government explanation for the postponement, noting, “It’s quite unusual that it should be delayed for so long.”
Government’s Response and Next Steps
In response to the mounting criticism, Simon Lafortune, spokesperson for Public Safety Minister Gary Anandasangaree, assured the public that work is underway to establish the commission. He stated, “Creating an organisation with an expanded mandate across two federal agencies—covering governance, staffing, IT systems, and operational protocols—takes time. We are committed to ensuring that the commission is fully equipped to fulfil its mandate from day one.”
While the minister’s office confirmed that consultations on the new commission’s regulations are set for later this year, there was no indication of when the commission would officially commence operations. This lack of clarity continues to raise questions about the government’s commitment to transparency and accountability within the CBSA.
The Case for Independent Oversight
The report from Whistleblowing Canada includes a detailed examination of the case of Luc Sabourin, a former CBSA official who testified before a House of Commons committee in 2023. Sabourin alleged he faced harassment and intimidation after raising concerns about an incident in 2015, where he claimed superiors instructed him to destroy passports while falsely recording their return to embassies. “I reported them, and it cost me my career,” Sabourin recounted, underscoring the need for an independent body to oversee complaints against the CBSA.
In response, CBSA spokesperson Luke Reimer maintained that Sabourin’s allegations were rigorously investigated and found to be unfounded. He asserted the agency is diligently working to support the commission’s establishment and highlighted existing mechanisms for citizen complaints.
The issue of whistle-blower treatment within the CBSA has recently gained traction within the House of Commons. The public safety and national security committee approved a motion from Conservative MP Rhonda Kirkland to investigate the agency’s workplace culture, following numerous accounts from whistle-blowers who reported toxic environments, bullying, and harassment.
The Path Forward
Kirkland has indicated her intention to initiate the proposed study before the year’s end, having received a flood of correspondence from current and former CBSA employees. Many expressed concerns about retaliation for speaking out, particularly on serious issues such as sexual assault. “People who reach out to me are genuinely afraid of reprisal,” she said, emphasising the urgent need for external oversight.
CBSA President Erin O’Gorman has acknowledged the systemic issues within the agency, stating, “I’m not going to defend all of the individuals at the CBSA.” She affirmed the necessity for improved systems and processes to combat discrimination and harassment, admitting, “We have some problems in the agency that include people being subjected to harassing and discriminatory behaviour.”
Why it Matters
The absence of an independent oversight body for the CBSA not only undermines accountability but also discourages whistle-blowers from coming forward with vital information that could enhance the agency’s integrity. As concerns about workplace culture and systemic discrimination continue to surface, the call for immediate action grows louder. The establishment of the Public Complaints and Review Commission is crucial for ensuring that the CBSA operates with transparency and respect for its employees and the public it serves. Without it, the fabric of trust and accountability in Canada’s border security apparatus remains at risk.