CBSA complaints commission still not up and running

A new independent commission tasked with monitoring, for the very first time, the activities of the Canada Border Services Agency (CBSA) has still not been established, almost four months after the adoption of legislation.

The law establishing the new Public Complaints and Review Commission for CBSA and the RCMP was adopted on Oct. 31, 2024, after years of lobbying by numerous groups and human rights experts.

The new law builds on the existing RCMP watchdog who is given the additional responsibility of handling public complaints about the CBSA.

However, the existing RCMP commission has been without a chairperson since the departure of Michelaine Lahaie on Jan. 1. When her term ended, the government did not reappoint her nor replace her. Public Safety Canada would not say when a new chairperson will be appointed.

Public Safety Canada acknowledged that the new commission for both CBSA and RCMP is not up and running but said it is currently working on implementing it "in a timely manner," but without providing a precise timetable.

"It was already important and urgent. But now it's much more urgent with the increase in surveillance at the border," says Tim McSorley, national co-ordinator for the International Civil Liberties Monitoring Group.

Worry about migrants

In the meantime, the federal government has quickly invested $1.3 billion to intercept, for instance, migrants trying to cross the Canada-U.S. border — an operation aimed at appeasing U.S. President Donald Trump.

"Black Hawk helicopters, mobile surveillance towers, mobilization of personnel, but not a whisper about the creation of this oversight mechanism to ensure that these increased powers of enforcement come with increased responsibility and accountability", says Gauri Sreenivasan, co-executive director of the Canadian Council for Refugees.

Sreenivasan and McSorley both fear that migrants, in particular, will pay the price.

McSorley said he was particularly saddened by recent photos of migrants taken by thermal imaging systems deployed at the border.

The government can't just invest in surveillance technology, he says. It must also protect peoples' rights to seek asylum.

In the past, the border agency has been singled out for its treatment of some of the most vulnerable people in society, recalls Sreenivasan.

She cites for example migrants "who have been held in detention in atrocious conditions, deaths in detention, children separated from their family."

"We're very concerned with the deafening silence regarding the creation of the new commission," said Sreenivasan. 

Public Safety Minister David McGuinty, who has been making multiple announcements on border security, declined CBC/Radio-Canada's request for an interview.

CBSA is the only major law enforcement agency with no external oversight mechanism. Complaints from travellers, migrants or other members of the public are presently dealt with internally.

In addition to handling public complaints, the new commission will be able to conduct investigations into systemic problems within the CBSA and the RCMP.