CBSA complaints commission still not up and running
After years of lobbying by various groups and human rights experts, a new independent commission was supposed to be established to monitor the activities of the Canada Border Services Agency (CBSA). However, almost four months after the legislation was adopted on Oct. 31, 2024, the commission is still not up and running.
The new law aimed to create the Public Complaints and Review Commission for both CBSA and the RCMP, building on the existing RCMP watchdog. Unfortunately, the existing RCMP commission has been without a chairperson since Michelaine Lahaie’s departure on Jan. 1. Public Safety Canada has not reappointed her or named a replacement, leaving the commission in limbo.
While Public Safety Canada claims to be working on implementing the new commission in a timely manner, no precise timetable has been provided. This delay is concerning to many, especially given the increase in surveillance at the border. Tim McSorley, the national co-ordinator for the International Civil Liberties Monitoring Group, emphasized the urgent need for oversight, particularly with the heightened enforcement measures being implemented.
The federal government has invested $1.3 billion in intercepting migrants crossing the Canada-U.S. border, a move seen as an effort to appease U.S. President Donald Trump. However, advocates like Gauri Sreenivasan, co-executive director of the Canadian Council for Refugees, worry about the lack of oversight and accountability in these operations. They fear that migrants, who are already vulnerable, may face negative consequences without proper monitoring mechanisms in place.
Sreenivasan and McSorley stress the importance of protecting migrants’ rights and ensuring that enforcement measures are balanced with accountability. The lack of external oversight for CBSA is a significant gap in law enforcement agencies, as complaints are currently handled internally.
The new commission is expected to not only address public complaints but also investigate systemic issues within the CBSA and the RCMP. However, the delay in establishing the commission has raised concerns about transparency and accountability in border security operations.
Despite multiple announcements on border security by Public Safety Minister David McGuinty, he declined to comment on the delay in setting up the new commission. With the urgency of the situation and the need for oversight, advocates are calling for swift action to ensure that the rights of migrants and other individuals at the border are protected.
