CMPACSubmissiononBill C-20: PublicComplaintsandReviewCommission(PCRC) Overview The Canadian Muslim Public Affairs Council (CMPAC) submits this brief to the Standing SenateCommittee on National Security, Defence andVeteransAffairsregardingBill C-20. Wearepleasedtobea signatory of the joint submission fromthe International Civil Liberties Monitoring Group (ICLMG) andvarious other civil liberties organizations, dated September 25, 2024.

We fully endorse theirrecommendations aimed at enhancing the PublicComplaintsandReviewCommission(PCRC) tocreatea fair and accessible accountability process for the Royal Canadian Mounted Police (RCMP) and theCanada Border Services Agency (CBSA). Our submission highlights two key amendments of utmostpriority to CMPAC, informed by the lived experiences of our community: the facilitation of third-partycomplaintsandtheestablishment of meaningful redressmechanisms.

In addition to the recommendations made in the aforementionedjoint submission, CMPACisparticularlyconcerned with the need for the Bill to address systemic racial and religious profiling, especiallyIslamophobia, within these agencies. It is imperative to provide robust protections for marginalizedcommunities, particularly Canadian Muslims, who have historically faced disproportionate harmdue toracial and religious discrimination in lawenforcement and border management. To restoretrust, thereisan urgent need for increased accountability and independence in oversight.

The establishment of thePCRCasanindependent bodyiscrucial toachievingthisgoal. IncreasedAccountabilityandIndependence The establishment of the PCRC is a positive step toward fostering public trust in law enforcement.However, its effectiveness relies on ensuring true independenceininvestigations.

Allowingagencieslikethe RCMP and CBSA to conduct internal inquiries can lead to bias and undermine public confidence.Therefore, empowering the PCRC as the exclusive investigative body for complaints against theseagencies is essential for enhancing accountability and restoring trust among marginalized communities,particularlyCanadianMuslims. Safeguarding the integrity of investigations is also crucial, especially for serious complaints. Currentpractices may deter individuals, particularly those in vulnerable situations, from coming forward.

Clearguidelines on when the Commission must intervene in investigations are necessary to uphold theintegrityof theprocessandencouragecommunityparticipation. AddressingRacial andReligiousDiscrimination The RCMP and CBSA have faced significant criticism for systemic racial and religious profiling, 1 disproportionately targeting Muslimand racialized individuals. Reportsof invasivequestioningat bordersand the CBSA’s authority to conduct warrantless searches raise serious human rights concerns.

WhileBill C-20 includes provisions for collecting disaggregated race-based data, it is imperative that this databeeffectivelyanalyzedtoidentifyandaddresssystemicbiases. Ensuring that the PCRCprovides actionable recommendations based on this data is vital for combatingIslamophobia and protecting marginalized communities. Such measures wouldcontributesignificantlytorebuilding trust and ensuring fair treatment for all Canadians, reinforcing the need for arobust oversightmechanism. RecommendedAmendments 1.

Facilitationof Third-PartyComplaints CMPAC underscores the critical need to enable third-party organizations to file complaints on behalf ofmarginalized communities. Many community organizations operate with limited resources and capacity,making it essential to empower them to advocate effectively for individuals who have experienceddiscrimination or abuse. This is especially important for vulnerable groups who may lack the means,confidence, or understandingtonavigatethecomplaintsprocessontheir own.

While Bill C-20 has made some provisions for third-party complaints, the existing language posessignificant barriers. Specifically, sections 38(1)(b.1) and 52(1)(b.1) stipulate that complaints from thirdparties can be rejected if they are deemed “not directly concerned by the subject matter of thecomplaint.” This restrictive standard fails to recognize the valuable insights and perspectives thatthird-party organizations can provide, which are often rooted in a broader understanding of systemicissues affecting marginalizedcommunities.

Giventhehistorical precedentsof biasinself-investigationbylaw enforcement, it is critical that these organizations are empowered to represent valid concerns onbehalf of affected individuals. We advocate for amending this language to adopt a standard of “genuineinterest,” awell-establishedcriterionfor determiningpublicinterest standingincourt. Such a change would facilitate greater community involvement, allowingorganizationstorepresent validconcerns even when they are not directly impacted by a specific incident.

Furthermore, the currentprovision allowing for the dismissal of “trivial” complaints could lead to legitimate concerns beingoverlooked, thereby obscuring patterns of racial and other forms of discrimination. This is particularlycritical for addressing systemic discrimination, whichhaslongbeenaconcernfor theMuslimcommunity.To enhance accountability for the RCMP and CBSA, we recommend removing the terms “not directlyconcerned by” and “trivial” from the relevant sections, thereby ensuring that all complaints are takenseriouslyandaddressedappropriately.

Recommendation: ● Amend Bill C-20 to permit third-party organizations to submit complaints on behalf of affectedindividuals, usingthe“genuineinterest” standard. 2. Meaningful RedressMechanisms The issue of redress is particularly significant for the Muslim community, which has frequently facedsystemic discrimination without adequate avenues to challenge or seek justice. Many individuals within2 our community feel powerless due to the absence of clear mechanisms for redress, especially in casesof misconduct or abuse by lawenforcement.

Thisunderscorestheurgent needfor robust provisionsthatempower thePCRCtofacilitatemeaningful recourse. CMPACstrongly believes that Bill C-20must incorporateprovisionsthat allowthePCRCtoaddressbothinterim needs during investigations and provide effective remedies upon a successful complaint.Specifically, thePCRCshouldbegrantedtheauthoritytorecommendfinancial compensationandinterimremedies, such as stays of removal or deportation while complaints of discrimination are beinginvestigated. These measures are essential for ensuring that affected individuals can seek justice andhavetheir grievancesaddressed.

To enhance the effectiveness of thecomplaintsprocess, werecommendseveral keyamendmentstotheBill. First,

section should require the Commissioner or the President to explainhowtheywill respondto the findings and recommendations in their reports. Additionally, sections 35, 70, and should beamended to empower the PCRCto recommend interimremedies during investigations, such as haltingremovalsfromCanadaor allowingre-entry, andtoorder financial compensationfor foundedcomplaints.Incorporating these provisions into Bill C-20 is vital for restoring trust in the accountability process andensuringthat affectedindividualshavemeaningful avenuestoseekjustice.

Recommendation: ● Amend Bill C-20 to empower the PCRC to recommend financial compensation and interimremedies, including the ability to halt removals or deportations pending investigations intocomplaintsof discrimination. Conclusion Bill C-20 represents a crucial opportunity to enhance accountability and oversight of the RCMP andCBSA. However, for this legislationtotrulyserveitspurpose, it must addressthesystemicdiscriminationfaced by marginalized communities, particularly Canadian Muslims, who have endured significant harmduetoracial andreligiousprofiling.

The proposed amendments—to facilitate third-party complaints and establish meaningful redressmechanisms—are essential for creating a more equitable and just accountability process. Empoweringcommunity organizations to file complaints not only acknowledges the valuable insights they offer butalso ensures that legitimate concerns are takenseriously, therebycombatingsystemicbias. Additionally,providingthePCRCwiththeauthoritytorecommendfinancial compensationandinterimremediesisvitalfor restoringtrust andofferingtangiblesupport tothoseaffectedbydiscrimination.

Together, these amendments will strengthen the PCRC's independence and effectiveness, fostering amore transparent and accountable framework that protects the rights of all individuals in Canada.CMPAC is committed to advocating for reforms that uphold human rights and dignity. We urge thecommittee to recognize the importance of these changes to ensure that Bill C-20 fulfills its promise ofjusticeandaccountabilityfor all Canadians. 3