Safer Witnesses Act

An Act to amend the Witness Protection Program Act and to make a consequential amendment to another Act

This bill was last introduced in the 41st Parliament, 1st Session, which ended in September 2013.

Sponsor

Vic Toews  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Witness Protection Program Act to, among other things,
(a) provide for the designation of a provincial or municipal witness protection program so that certain provisions of that Act apply to such a program;
(b) authorize the Commissioner of the Royal Canadian Mounted Police to coordinate, at the request of an official of a designated provincial or municipal program, the activities of federal departments, agencies and services in order to facilitate a change of identity for persons admitted to the designated program;
(c) add prohibitions on the disclosure of information relating to persons admitted to designated provincial and municipal programs, to the means and methods by which witnesses are protected and to persons who provide or assist in providing protection;
(d) specify the circumstances under which disclosure of protected information is nevertheless permitted;
(e) exempt a person from any liability or other punishment for stating that they do not provide or assist in providing protection to witnesses or that they do not know that a person is protected under a witness protection program;
(f) expand the categories of witnesses who may be admitted to the federal Witness Protection Program to include persons who assist federal departments, agencies or services that have a national security, national defence or public safety mandate and who may require protection as a result;
(g) allow witnesses in the federal Witness Protection Program to end their protection voluntarily;
(h) extend the period during which protection may, in an emergency, be provided to a person who has not been admitted to the federal Witness Protection Program; and
(i) make a consequential amendment to another Act.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 3, 2013 Passed That the Bill be now read a third time and do pass.
May 30, 2013 Passed That, in relation to Bill C-51, An Act to amend the Witness Protection Program Act and to make a consequential amendment to another Act, not more than one further sitting day shall be allotted to the consideration of the third reading stage of the Bill; and that, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration of the third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.
May 23, 2013 Passed That Bill C-51, An Act to amend the Witness Protection Program Act and to make a consequential amendment to another Act, be concurred in at report stage.
Feb. 12, 2013 Passed That the Bill be now read a second time and referred to the Standing Committee on Public Safety and National Security.

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 3:50 p.m.
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Portage—Lisgar Manitoba

Conservative

Candice Bergen ConservativeParliamentary Secretary to the Minister of Public Safety

Mr. Speaker, I want to tell my hon. colleague how much I appreciate his remarks, the thoughtfulness that has gone into the New Democrats' approach in looking at this bill and the fact that they are in agreement with us and, more importantly, stakeholders, provincial and territorial leaders and Canadians that the witness protection program needs to be fixed.

I appreciate some of the comments he made regarding the Air India inquiry and having a separate investigative body. I want to let him know that we consulted with provinces on that. They had some concerns and would rather that we deal with them directly.

The area that we agree on, to allow other public safety agencies such as CSIS and the Department of National Defence to refer individuals to the witness protection program, was in direct response to the Air India inquiry and its recommendations. It is clear that the member has had some experience and done some consulting with stakeholders. I wonder if he could talk a bit more about the people he represents, whether this will be looked at favourably and help in our fight not just against organized crime but also against threats that come internationally.

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 3:55 p.m.
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NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr. Speaker, I know that the parliamentary secretary likes to cite the Conservatives as having 11 former police officers on their side and that I usually respond to that by saying I am former municipal police board member and also did international policing research. Therefore, there is no monopoly on expertise in either caucus.

In my own experience on a municipal police board, the funds were not available and it was very difficult to convince a municipal council to include a line item in the budget for witness protection. It already saw policing costs as high and clearly saw witness protection as a federal responsibility. It was very difficult for municipal police forces to use the tool because they were faced with a big bill for which it was difficult to get budget money. That is why when the budget comes out, New Democrats will be looking very closely at what the government is doing to make sure that the funds are available and that these improvements are actually utilized by front-line police.

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 3:55 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the member and the parliamentary secretary also referred to organized gangs as a major justification for why we need to expand the witness protection program. Could he provide some background in that regard from the province he represents? What can he tell us about the numbers of gangs, gang activities and increases in membership?

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 3:55 p.m.
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NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr. Speaker, there are areas around the country that have serious problems with youth gangs and street gangs. They are most notable by their presence in the headlines, including some in downtown Toronto. That is the reason the member for Trinity—Spadina has taken such a high-profile role in trying to keep this issue before the House of Commons and to get these changes made. The activities of street gangs, by nature, often involve youth and people whose judgment is not the best, or they would not be involved in the gang. It ends up with a broader threat to the safety of innocent bystanders as a result of gang activities and conflicts between gangs.

In Montreal, my colleague, the member for Alfred-Pellan, has also done a lot of work in her community on the problems with street gangs there. Then of course in Surrey, British Columbia, where we probably have one of the largest problems with street and drug gangs, both the member for Surrey North and the member for Newton—North Delta have been very strong proponents of using this legislation to, as the police say, “crack” those gangs. They have trouble getting anyone to come forward to give evidence. If they can just get one person, they can probably get a conviction that will seriously disrupt street gang activities.

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 3:55 p.m.
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NDP

Robert Aubin NDP Trois-Rivières, QC

Mr. Speaker, the position described by my party and my colleague with regard to our support at second reading is a clear indication that we approach each bill with a clean slate and hope for the best for our constituents, the people we work for.

I have a quick question. Have we taken this bill as far as we possibly can without adding more money, which, I fear, is the direction the government plans to take?

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 3:55 p.m.
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NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr.Speaker, I thank the member for Trois-Rivières for his question because that is the key point today. The point of view of our caucus is that we can make these important legislative changes. We can do the right thing here in the House. However, if the police do not have the funding to allow them to use the new tools we give them, then there will be no effect at all. That is why I was reminding the parliamentary secretary that, yes, we will be supporting the bill but we will be watching the federal budget very carefully to ensure that funds are included in the budget for the operation of the new aspects of this program and to ensure that the general cutbacks being applied in public safety do not end up impairing the ability to fight crime at the community level.

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 3:55 p.m.
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Conservative

Ryan Leef Conservative Yukon, YT

Mr. Speaker, I thank my hon. colleague both for his work on committee and his comments today.

On committee, we were talking about the funding available. We have posed this question to people testifying and they have said it is not as much about the funding as it is the model and the structure provided. Can my hon. colleague comment on some of those aspects? We are getting the sense from the other side that if we pour money into it, that will solve the problem, but that is clearly not what we heard on committee. It was not the budget or the money issue; it was how the system was modelled.

On a budgetary note, some of the systems that my hon. colleague was talking about are developed by provincial and territorial governments. Our government has provided to the Yukon, for example, record levels of federal transfer payments. There was $809 million in last year's budget allocated for the kinds of things to support improved models with community groups and organizations working directly with the police. It is as much a provincial and a federal partnership that is required in policing, particularly when we move to organizations that run municipal and provincial police forces, to come up with a great model of Canadian policing.

Could my hon. colleague comment on some of those things that I know we both heard on committee?

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 4 p.m.
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NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr. Speaker, it is tempting to say to the hon. member for Yukon that the question was asked and answered all at once.

However, what we have heard, particularly at the municipal level, is the perception that witness protection is really part of the justice system and not the policing system. For the cost to be passed back to municipal police forces is a large problem for them and they do not see the logic of that. We are actually protecting the witnesses giving evidence in court, and we are actually protecting the integrity of the justice system by protecting those witnesses. Yes, it is true that we are talking about getting co-operation with the local police forces, but they tend to see that as a federal or provincial responsibility and not a municipal responsibility.

Thus I am looking forward, along with the member, to trying to find in committee structures that make sure that the money gets to front-line policing. As he has been on committee with me, he knows that I am not a person who calls for a lot of excess spending. I think we have to make sure that we spend in the right areas. That is why I am concerned about asking police to do all kinds of things with highly trained police officers, things that might better be done by someone else in our community with more appropriate skills, and not put all of those burdens onto the police force.

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 4 p.m.
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NDP

Mike Sullivan NDP York South—Weston, ON

Mr. Speaker, the bill expands significantly the number of different areas of jurisdiction that can have witness protection programs. However, as I understand it, the government has said there will be no expansion of budgets to provide for this. How do we do one without the other?

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 4 p.m.
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NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr. Speaker, we are back to the heart of the matter, from my point of view. Last year, as I said, only 30 out of 108 applications were approved for the program. Only 30 people in the country received witness protection. For the government to expand the numbers eligible, obviously those 108 applications are going to expand exponentially. If we cannot offer that protection to people, we will not get the benefit of this bill. We will not get them co-operating with the police on youth gangs or on national security issues. Without the funding in place, this is not going to work.

All members on this side will be looking very carefully at the federal budget to see if the resources are going to be made available to make this very positive law work on the ground.

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 4 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I would like to approach this from a different perspective.

I have had the opportunity to be the justice critic in the province of Manitoba for many years, and there are a wide variety of issues facing our justice system. To pick up on the point that was raised in terms of the budget responsibility and so forth, at the end of the day, Bill C-51, which is a positive bill that we want to see move forward, would have a fairly significant impact, even if it passes as it is currently being proposed today.

When the member said it is an issue of budget, he is correct. We need to factor in that at any given point we could have somewhere in the neighbourhood of 1,000 people within the program, 70% of whom would be under RCMP jurisdiction. As has already been referenced, the number of applications made last year versus the number that were accepted raises other issues.

However, to look at what we are ultimately wanting to pass, there is no doubt that by expanding the program we would see a higher demand for it. I believe the current budget is around $9 million to $10 million. I am not completely sure of those numbers, but it is a significant amount of money, and there would be a need to ensure the program is adequately resourced. When we talk about being adequately resourced, obviously the bill would have more. The last question to my colleague was related to the responsible province or municipality, and he made reference to the police or the department of justice.

In the last little while, I have been circulating a petition within my constituency. I will read the last paragraph of the petition, to which I must say I have had many of my constituents respond very favourably. It reads:

We, the undersigned residents of the Province of Manitoba call upon the House of Commons to provide for and support [effective crime prevention] programs that will prevent crimes from happening like programs that focus on steering young children away from associating with gangs or gang activities.

The petition is calling on the Government of Canada to work with other levels of government to develop effective programs that prevent youth from committing crimes.

When we talk about the financing, administration and so forth, we need to recognize that the different levels of government all have a role to play in this. That is the reason, when the parliamentary secretary introduced the bill, I asked how many other jurisdictions had a program that is currently running. I was pleased to hear some of the numbers that the parliamentary secretary referenced.

At the end of the day, this is a significant issue. I asked whether there was an increase in the number of gangs, as this has been a serious problem in Winnipeg. However, Winnipeg is not alone. There are other jurisdictions, as the member has pointed out, that have issues related to gang activity. Gang activity in the province of Manitoba has skyrocketed over the last 10 years. During the 1990s, gang-related issues were not debated much inside the Manitoba legislature. However, since 2000 or 2001, it has become a very serious issue.

One year we had over 14,000 vehicles stolen. For a province with roughly 550,000 drivers, that is a significant number of vehicles. When we look at the individuals who were stealing them, it was young people. I had acquired through a freedom of information request that it was somewhere in the neighbourhood of 200 youth. I might be off on the number, but they had stolen, on average, 30 vehicles.

Out of that relatively large grouping of youth, if we were to canvass them we would find that a good number were directly involved in gangs. It was part of a gang initiation whereby they had to go out and steal cars. At the end of the day we all pay for that at the different levels, whether it be municipal, provincial or national. We have to take more of a co-operative approach to dealing with crime in our communities.

Also, the federal government needs to play a leading role. It can ensure there are some national standards, from coast to coast to coast, in proactively preventing crimes from taking place. That is what we ultimately want to see happen.

In regard to Bill C-51, the Liberal Party is in favour of this bill and wants to see it go to committee. We do believe it would have a positive impact. It would help in terms of resolving crimes. Ultimately, I do believe if it is administered properly it would prevent some crimes from taking place.

In looking at the bill, it does several things. The parliamentary secretary made reference to how the provinces would be able to designate their own internal programs and get that designation from the federal program without necessarily having to transfer the individual into the program. As she made reference to its merit, I do believe there is great benefit to that, the biggest being time. Time is very important with things of this nature. Processing times, being able to change identity, and so forth are of critical importance. For the most part, I believe the government would receive a very favourable response in regard to those measures in Bill C-51.

We understand it would assist in changing identity, which is something one would think would have a wide diversity of support from the many different stakeholders following the debate on this bill. We appreciate the fact that it does broaden the information that can be protected and also supports people from within the program.

However, if we take a look at the history of the witness protection program, I think most Canadians would be surprised that it does not have a very long history in terms of legislation. Most people would believe there has always been some informal aspects to witness protection, and that was primarily done at the local policing level. We can go back 30 years, 40 years, where police officers, through discretion, were able to provide assurances to witnesses. There would have been all sorts of actions taken to try to provide assurances to witnesses that they would be safe if they were to come forward and state what they had observed or what they were aware of in terms of a criminal activity. We could go back to the eighties where that started to become a little more formalized because of different commissions and reports that were coming out. We started to see internal documents clearly demonstrating the need for a witness protection program.

It was not that long ago when Prime Minister Jean Chrétien introduced the Witness Protection Program Act, the first legislation of its kind brought to the House of Commons. As we continue to move forward, we today have another piece of legislation that has been drafted that would ultimately complement the original legislation. Why? Because in time things change.

There is a need for us to change the legislation and modernize it so that we can meet the needs of today. The power of the Internet, the influence that organized crime has, the potential of terrorism, these are all very real issues today to which legislation has to be able to respond.

The ability of police to protect witnesses is crucial in order to fight crime and acts of terrorism. If we cannot provide those assurances to witnesses, there is a very good chance they would be unable to testify. If they are unable to testify, we would be unable to get the types of convictions that our crowns are looking for across Canada in all provinces and territories. We have to somehow recognize the importance of witnesses and the roles that they play and the risk we take by not enabling those witnesses to feel safe in testifying. If we fail in doing that, then individuals who are committing some pretty terrible crimes are going to get away or be let off with a much lighter sentence than if a witness had been able to testify. It is of critical importance that police see this as a viable tool that would make a difference.

Public trust in the witness protection program is also vital to the success of the program. We can say that we have the program in place and ask Canadians to trust us because it is a great program, but there has to be a certain element of confidence in the program. If a potential witness does not feel the program is going to be strong enough and that their life is going to be threatened by making a disposition, chances are they will walk away from that opportunity. Therefore, building trust is critically important.

We support the ability of the federal departments, agencies, services and the national security, National Defence or Public Safety, mandate to recommend witnesses to the WPP. It seems to be a natural evolution that would be incorporated into the current legislation. It makes sense. That is why we support the government's proposed change.

We look to the government to be sensitive to our concerns, such as why there has not been a separate body created to oversee admissions to the witness protection program and what potential merits there could be if we were able to identify that. How we deal with disputes between protectees and the RCMP is another issue that has been raised and brought to my attention. The government would be best advised, between now and the time in which the bill gets to committee, to give some attention to that. In the hope that Conservatives will approach it with an open mind, I trust that there will be amendments brought forward. Through those amendments, we will ultimately see the legislation take better form and receive much stronger support.

The broadening of information that can be protected is very important. I believe it is a core base that is being suggested and we need to be able to expand that base. We support that aspect of the legislation. We need to recognize, as we look at ways in which we can improve upon the program, that the program may have to be expanded, which is, in part, a resource issue. There needs to be adequate resources to support the program.

I have always appreciated that through our federation, we have different ministerial conferences, justice being no different, and that there is a need for different levels of government, as they come together, to talk about this program and other programs. We should look at ways in which we could do more to prevent crimes from taking place. We do support the bill in principle because it is a good bill. It is a change from the original act of 1996. It makes a lot of sense and therefore we would like to see it sent to committee soon.

On a personal note, it would be wrong of me not to emphasize to the Prime Minister and the government just how important it is to have safe streets in our communities. During my first election to the House in the byelection, I had indicated that crime and safety was a high priority for me and that given the opportunity I would raise these issues in the House. I believe in fairness and in consequences to crimes. I also believe passionately that we need to do more to prevent crimes from taking place.

In debate from both sides of the House we heard members make mention of organized crime, which is a serious issue for many of my constituents. They want the government to take action. Most of my constituents recognize how important it is. I have the opportunity almost on a weekly basis to talk about this type of issue with my constituents. I put a lot of focus on preventing crimes from happening in the first place.

We talk about organized crime and gang activities, but many initiatives could be taken to prevent young people from entering into gangs in the first place. We need to look at our infrastructure, our resources from different levels of government, and have a higher sense of co-operation in terms of finding alternatives that would engage our young people and stop them from getting involved in gang activities. Young people get involved in gang activities for a multitude of different reasons. In the 1990s there were under a thousand young people involved in gang activities and now there are thousands. It is hurting a lot of communities, not only in Winnipeg North but in many communities across this country.

If the legislation ultimately passes, we hope to see a government that is more committed to resolving the gang-related problems that many of our communities are living with today. I have confidence that our police forces across the country would use this tool well and work with our courts and prosecutors. There are many other things we can do to prevent our young people from getting involved in gang activities.

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 4:20 p.m.
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Portage—Lisgar Manitoba

Conservative

Candice Bergen ConservativeParliamentary Secretary to the Minister of Public Safety

Mr. Speaker, I am very pleased to hear that the Liberals will be supporting the bill being sent to committee. Hopefully at committee they will continue to work with us to get this passed quickly. It is an important piece of legislation.

My colleague talked a lot about prevention, and I am wondering if he is aware of several initiatives that our government has funded in regard to crime prevention. First, there is the police officer recruitment fund, a one-time injection of funds for provinces to use. It was $400 million, and they have used it very well. Police departments have added police officers. That is one of the initiatives.

Another one is our national crime prevention strategy, $40 million. I am not sure if the member is aware of this, but he might want to let his constituents know that we are funding $7 million annually to go directly to helping stop young people, who are maybe vulnerable, from getting involved in crime and gang activity. This is a specific fund that deals directly with anti-gang strategies for young people.

I am not sure if the member was aware of those initiatives. Also, today the Minister of Public Safety announced another call for applications to our security infrastructure funding, which is helping different organizations. If they are being threatened for a number of reasons, we are helping fund them so that they can be protected.

These initiatives are helping to stop crime, whether it relates to gangs, drugs or guns. Sadly many times the opposition does not support this. I am wondering if the member was not aware of this funding, and why he would not have supported it when we brought it forward? His constituents were actually signing petitions on this issue.

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 4:25 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the member for Portage—Lisgar makes reference to a program that was introduced by the federal government.

I would like to emphasize why I talked a lot about a sense of co-operation and working with other jurisdictions. When the federal government came up with the program to hire more police officers in communities, there was a substantial amount of money put aside to hire more police officers in Winnipeg. I do not know if Manitoba has acted on it since but maybe between the two of us we can find out whether or not they actually did. However, as of a couple of years ago, they had not accessed that money.

One could say that we need to get a better understanding of why that money was not accessed, whether more police were put on foot patrol or whatever it might be. It is interesting to note that at the same time we had community police offices closing in Winnipeg North, on McPhillips Street and on Main Street. Those are things that have happened in the last few years.

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 4:25 p.m.
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NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr. Speaker, I share the sentiment that there is a lot more we can do to prevent crime.

My question for the member is not a personal question of where he was but where his party was. When the legislation was passed in 1996, it was a Liberal government. It was around the time I first joined the police board and the problems with the witness protection program have been known since at least 1996. During that very long period of time when the Liberals were in power, they took no action. I know from my own personal experience that local municipal police officers were pointing out that they did not have budgets for this and they could not make use of the program.

My question to the hon. member is, in the broad sense, where was he and where was his party? The government has been slow to bring this forward but it is certainly faster than the Liberals were.

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 4:25 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Speaker, that is factually incorrect.

In 1993 Prime Minister Jean Chrétien took office and within three years we had the actual core legislation, the legislation that is now being amended. The Conservatives have been in government longer than the Chrétien government had been at that time. At the end of the day, the Liberal Party of Canada and Prime Minister Chrétien responded quite quickly.

What I will recognize is that in my comments I made reference to the closing of those two community police offices, something that had a real negative impact. The provincial NDP did absolutely nothing. The provincial NDP did not access the resources being provided by Ottawa to put more police on the streets. If the NDP, heaven forbid, ever form government, I suspect it would be a disaster.