A recent report has brought to light the federal government’s failure to establish an independent oversight body for the Canada Border Services Agency (CBSA), despite the passage of a significant law aimed at enhancing accountability. Bill C-20, which received royal assent in October 2024 following an extensive two-year parliamentary debate, has yet to be implemented, prompting concerns from whistle-blower advocates about the absence of independent review mechanisms for the agency.
Bill C-20: A Promised Oversight Mechanism
Bill C-20 is designed to create a Public Complaints and Review Commission tasked with overseeing complaints involving the CBSA and the Royal Canadian Mounted Police (RCMP). While the RCMP currently operates under its own review body, the CBSA lacks any analogous oversight. The new commission would not only replace the existing RCMP review board but also expand the scope of complaints it can address, allowing any individual to lodge concerns regarding the conduct of CBSA and RCMP personnel.
The commission’s establishment is particularly crucial given the CBSA’s national-security operations, which are currently scrutinised by the National Security and Intelligence Review Agency. However, Bill C-20’s broader mandate is seen as vital for addressing a range of issues that affect both the general public and public servants alike, including the handling of complaints against CBSA employees.
Concerns from Whistle-Blowing Advocates
The Whistleblowing Canada Research Society released a report expressing frustration over the government’s inaction regarding the new legislation. Pamela Forward, the organisation’s president, emphasised the law’s potential impact, calling it “quite powerful” and urging prompt implementation. She lamented the lack of communication from the government regarding the delays, stating, “It’s quite unusual that it should be delayed for so long.”
In a statement, Simon Lafortune, a spokesperson for Public Safety Minister Gary Anandasangaree, acknowledged the complexities involved in setting up the new commission. He noted that establishing an agency with a dual mandate—including governance, staffing, and operational protocols—requires a careful and time-consuming approach. While consultations regarding the commission’s regulations are set to begin later this year, no specific timeline for its launch has been provided.
The Case of Luc Sabourin: A Call for Oversight
The report highlights the case of Luc Sabourin, a former CBSA employee who has become a prominent whistle-blower. Sabourin testified before a Commons committee in 2023, recounting experiences of harassment and intimidation following his disclosure of misconduct in 2015. He alleged that he was instructed by superiors to destroy passports and falsely indicate their return in federal databases, a revelation that he claims cost him his career.
In response to Sabourin’s allegations, CBSA spokesperson Luke Reimer stated that an impartial investigation found no evidence of inappropriate actions regarding the destruction of passports. However, the emphasis on internal investigations raises concerns about the effectiveness of existing complaint mechanisms, particularly in light of Sabourin’s experiences as well as similar reports from other CBSA employees.
Legislative Action and Workplace Culture
The issues surrounding the CBSA are currently under examination by the House of Commons public safety and national security committee. In December, a motion from Conservative MP Rhonda Kirkland was approved, calling for an investigation into systemic discrimination and toxic workplace culture within the agency. Kirkland noted that many whistle-blowers have approached her with allegations of hostile work conditions, including bullying and harassment.
CBSA president Erin O’Gorman, addressing Kirkland’s concerns, acknowledged that while there are systems in place to tackle discrimination and harassment, these mechanisms do not appear to be functioning effectively. “We have some problems in the agency that include people being subjected to harassing and discriminatory behaviour,” she stated, underlining the urgent need for reform.
In the meantime, Reimer indicated that the agency is finalising additional recommendations aimed at addressing these serious issues. Kirkland remains hopeful that the committee study will commence before the year’s end, amid growing concerns about a culture of fear among employees. “People who reach out to me are genuinely afraid of reprisal,” she said, indicating the severity of the situation.
Why it Matters
The delays in implementing Bill C-20 stand as a stark reminder of the challenges facing accountability within the CBSA and the broader implications for transparency in government agencies. The absence of an independent oversight body not only hinders whistle-blowers from voicing concerns without fear of reprisal but also perpetuates a toxic workplace culture that can undermine the integrity of public service. As the government prepares for consultations, it must prioritise the establishment of this commission to ensure that the rights of employees and the public are safeguarded, thereby restoring trust in one of Canada’s critical institutions.
