Complaints against CBSA officials have piled up for two years

Details of the misconduct cases – all of which have been found established – have been released under the Access to Information Act, and cover the period from January 1, 2020 to January 1, 2022.

The Canada Border Services Agency (CBSA) reported that in the past financial year, it completed 92 investigations. Of these, 12 border officers received verbal reprimands, 42 officers received written reprimands, and 38 officers were suspended.

This number is significantly lower than in 2020 – the first year to see a reduction in travel due to the COVID -19 pandemic. In 2020, the CBSA reported receiving 215 complaints deemed established, resulting in nine dismissals, 82 suspensions, 52 written reprimands and 27 verbal reprimands. But these numbers do not explain what happened in other cases.

A spokesman forCBSA pointed out that the agency considered a complaint established if aspects of them are judged valid.

And while details of these cases are deducted from documents shared with the CBC, they describe some disturbing practices at land and air crossings across the country.

In one case, an officer failed to properly process travelers and vehicle license plates – which is an important part of the job.

In another case, an agent accessed the computer systemCBSA to remove flags from an individual’s record. However, these reports relate to a person’s criminal or travel history, and warn law enforcement officials.CBSA that a particular traveler deserves closer consideration.

In another investigation report, it was stated only that one officer posed a security riskand can damage the reputation of the agencywithout further explanation.

Links to Hell’s Angels

Documents obtained by the CBC describe several criminal association cases, including one involving an official gave a false name when arrested by police while eating with a cocaine dealer. Another agent maintains links to Hell’s Angels.

In some cases, officials fromCBSA engaging in sexual harassment-such as sexually assaulting a coworker outside the workplace, spraying bug spray on a coworker’s crotch, and sending explicit sexual messages or pictures in the case of others.

Some investigations look at personal grievances, such as employees spreading gossip about co -workers.

These allegations are usually investigated by managementCBSA as part of the disciplinary process. If the allegations are serious enough, a lead investigator from the agency’s Security and Professional Standards Directorate will initiate a formal investigation.

L ‘CBSA is responsible for dealing with cases of misconduct in the workplace and [elle] this obligation is taken seriouslysaid Patrick Mahaffy, spokesman forCBSA.

Disciplinary measures are administered on a case-by-case basis, and are administered based on the seriousness of the allegations, and take into account mitigating and aggravating factors.

Cold working climate at the CBSA, the union president said

For his part, Mark Weber, president of the Customs and Immigration Union, believes thatCBSA too far from its approach to discipline.

The [allégations qui sont] is fully investigated, and many things that should not be formally investigated are also being investigatedsaid Mr. Weber. Discipline is not for punishment. This is supposed to be corrective.

He acknowledges, however, that some of the cases are serious, but calls it quitsextreme agency approach to discipline.

L ‘CBSA remains one of the only public safety agencies in Canada without an independent public oversight body.

While the Office of National Security and Intelligence Review (OSSNR) monitors national security activitiesCBSAmembers of the public should file complaints about the services ofCBSA directly to the agency, which processes them internally.

Last month, the federal government announced plans to reintroduce law that allows travelers and immigration detainees to complain to an independent body if they believe they are being mistreated by the Canada Border Services Agency. .

Ultimately, this law aims to strengthen our law enforcement agencies by enhancing accountability, transparency […] and this will lead to a safer country for allproposed the Minister of Public Security Marco Mendicino, who is responsible forCBSA.

A new commission on complaints is being created

Bill C-20 will replace the oversight body that handles public complaints about RCMP of a Civilian Review and Complaints Commission, which will deal with complaints against RCMP and againstCBSA.

However, Weber said he fears Bill C-20 will put more pressure on already difficult employer-employee relationships.CBSA.

We have employers who are very strict in disciplinesaid Mr. Weber. Our members are regularly placed on unpaid leave, once for a year or more, pending the outcome of investigations.

If the bill passes, the new Civilian Review and Complaints Commission will be able to conduct reviews of all the activities of theCBSA which is not related to matters of national security, either on its own initiative or at the request of the Minister.

Mr. Weber said he wants the new body to also deal with cases of administrative misconduct.

He mentioned that if a complaint indicates a systematic problemthe commission must address this problem instead of directing everything to someone who meets the traveler .

He said officers fromCBSA is often stuck forced overtime and sometimes treated hundreds of people per day.

Depending on what happens in this situation, this may be the cause of the complaintshe concludes.

Bill C-20 is still awaiting a second reading in the House of Commons.

Based on text by Catharine Tunney of CBC