Bill C-51 (Historical)

Safer Witnesses Act

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

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.

Safer Witnesses Act

[Mike Sullivan, NDP, York South—Weston, ON]

Mr. Speaker, it has been very difficult. As members know, the Parliamentary Budget Officer has had to go to court to try to get budgetary information from the government. It is very difficult to get actual financial details on what the government intends to spend or on how it is spending money.

We would hope that when a government puts forward a bill that is clearly going to have a cost attached to it and that clearly expands the scope of a federal program, it would come up with the actual figures on the cost of the bill, perhaps in committee, and would put those figures before Parliament so that we could all look at them.

[Candice Bergen, Conservative, Parliamentary Secretary to the Minister of Public Safety]

Mr. Speaker, these hon. members, with due respect, and I am sure with great intentions, have kind of missed the mark on this.

We are talking about the witness protection program and the legislative changes that have to be made to it. Nobody is asking for more money. The RCMP is not asking for more money. It spends about $9 million a year.

[An hon. member]

How much more money—

[Candice Bergen, Conservative, Portage—Lisgar, MB]

The member did not listen to my hon. colleague's question, and that is okay.

We are talking about the witness protection program administered by the RCMP. It costs the RCMP about $9 million a year. The range of entries into this program varies. For example, the year before last, there were 16 admissions. The following year, there were 30 admissions. It changes all the time. The RCMP does a great job of budgeting, and within its operational budget, it is prepared for this legislative change.

Let us start with this premise. It seems that there is no issue the NDP would not throw money at, whether it is needed or not. Nobody is asking for more money. The RCMP is not asking for more money. It is asking for legislative changes. Police officers and provinces are asking for these changes. We have responded.

We appreciate the support and the comments from the critics for public safety for the NDP and the Liberals. We understand that they may have some concerns coming to committee.

I am very happy that other members are speaking to this bill, but some are getting way off topic in terms of cost. Have those members consulted any of their constituents with regard to the witness protection program and these necessary changes?

Again, nobody is asking for more money for this. No more money is needed.

[Mike Sullivan, NDP, York South—Weston, ON]

Mr. Speaker, there were 108 requests, and only 30 were granted. I would hope that this was not because there was not enough money. What this line of discussion is about is whether there will be enough money for the significant expansion of the scope of the witness protection program.

The RCMP's own website states that “[t]here are instances when the costs of witness protection may impede investigations, particularly for smaller law enforcement agencies”. The costs means budget.

Whether or not the RCMP has its hand out asking for more money, it is up to us as parliamentarians to determine how the expansion of this service, the witness protection program, will actually be funded. If it costs more than $9 million, does that mean that there are going to be fewer police officers in Esquimalt? Is that how it is going to be funded?

I would like to know where the money is going to come from. If it is not going to come from a redirection of priorities by the government, from something into public safety, then we would like to know how it is going to happen.

[Francine Raynault, NDP, Joliette, QC]

Mr. Speaker, I will share my time with the member for Thunder Bay—Rainy River.

In addition to telling us about the nature of our world and our origins, astrology also serves as a wonderful time marker. Much like two orbits crossing, on this rare occasion, my opinions are crossing with the Conservative government's. I will support Bill C-51. But much like two stars that align but do not touch, I want to add that the government could do much more to ensure that the witness protection program is successful.

To be clear: I applaud this bill. It is certainly a step in the right direction. However, time will tell if it goes far enough. I think that, after the provisions are in force for a few years, there will be three things the public will think are insufficient: the expansion of the eligibility criteria, co-operation with the provinces and the adequacy of funding.

Since the NDP called on the Conservatives to review the witness protection program in 2007, the earth has travelled around the sun six times. As they say, all things come to those who wait. All things? That is what we will see.

In 2007, the NDP started urging the government to address the problem of coordinating the witness protection program with the provinces. We repeated the demand a number of times, notably in 2009 and 2012. I am pleased that the Conservatives were open to our ideas, but I deplore the fact that the funding was not there so that these changes could be implemented properly.

Buying fighter jets is not the only way to protect the public. We also protect them by doing whatever we can to help people help us. This is the case with street gangs, for example. Naturally, a gang member would want to be assured of safety before testifying. The same should go for every first-hand witness. These people are key elements in the government's fight against threats to public safety. If the money is invested properly, I am positive that this can work.

The witness protection program makes communities throughout the country safer. In fact, witness protection often guarantees the success of an investigation. My fellow Quebeckers know something about that. Witness protection gives the police access to useful, first-hand information. It is deplorable that we have had to wait so long to extend protection to street gang members, for example. But we have had to wait a long time. In 2012, 108 potential witnesses tried to sign up for the witness protection program. Of the 108 people prepared to divulge important information to investigators, only 30 were accepted by the government. The government will probably say that those 30 people cost millions of dollars. That is true, but that is what our taxes are for.

Since coming to power in 2006, the Conservatives have increased the deficit by almost $150 billion and reduced corporate taxes by about $50 billion. Clearly, it is mainly about how we choose to spend the money.

Were dozens of cases closed due to a lack of money or poor procedure? That is really what we should be asking with regard to 2012.

Are we talking about 78 cases that could have been solved, but were not for lack of evidence? If the answer is yes, it was high time for action from this law-and-order government.

We also really wanted to review another problem raised by the program: coordination. At present, offences pertaining to national security are excluded from the witness protection program. We saw what happened with the Air India investigation.

One man, Mr. Hayer, was killed in 1998, and a number of others received threats. Mr. Hayer was therefore unable to testify, and the affidavit he gave the RCMP in 1995 became inadmissible.

Could this man's death have been prevented with better protection? I think so. Could the inquiry have gone further if there had been better protection? I think so. Mr. Hayer was the editor of the Times of India, in British Columbia. It is absolutely outrageous that we were unable to protect him.

I wonder why it did not occur to the Liberals at the time to look at the issue of witness protection a little more closely when that tragedy occurred. It is also sad to see that the Conservatives have not included more of the recommendations that came out of the Air India inquiry in their bill.

It should also be noted that in 2010, the RCMP submitted a report calling for beefed-up witness protection. It was December 2012 before we even found out about that report and a few months after that before the Conservatives did anything with it. It has been a long haul. It was high time.

The Conservatives do not seem to realize the magnitude of the costs being incurred right now by local police forces for witness protection. Several Canadian provinces have programs in place to ensure witness protection, but unfortunately, there is not enough money and federal-provincial co-operation is lacking.

Since Bill C-51 does not include any budget increases, I really have to wonder how we will achieve results that are any better.

The government should acknowledge the viewpoints of the RCMP, the provinces and the official opposition. There is no room for partisan politics on this issue. This is not the time to be dilettante. If the government wants to ensure witness protection, it must do so with all the necessary financial investments; otherwise, the proposed changes will remain but empty rhetoric.

One recommendation that came from the Air India investigation involved an eligibility process that is more transparent and requires greater accountability. Bill C-51 does not include any provisions in that regard. Why will the government not commit to making the program more transparent?

The bill contains no provisions allowing for an independent organization to administer the program based on the recommendations made in the Air India investigation report. The RCMP will continue to bear the responsibility for the program, which will eventually place it in a conflict of interest, because it will be both the investigating body and the one to decide who benefits from protection.

That said, I am giving this bill the benefit of the doubt, and I will support it at second reading, in the hope, of course, that the government will not disappear when it is time to pay.

[Ryan Leef, Conservative, Yukon, YT]

Mr. Speaker, I thank my hon. colleague for her support of this bill.

We have heard a couple of times, and again in the member's speech, that resources are going to be an important factor in dealing with this program. However, there is one thing that has been missed in all the presentations by members of the opposition. That is that appropriate sanctioning and sentencing is also a key element. While our government has moved forward in Bill C-10 to put in meaningful sentences and sanctions for people who commit crimes, the faster removal of foreign criminals act and other like legislation, those are the kinds of things, partnered with resources, that encourage witnesses to come out.

I know, as a front-line police officer dealing with victims and witnesses, that if I am a witness, and I do not think there is a substantial likelihood of the person getting any meaningful conviction, I am not likely to move forward as a witness to testify. It is not solely the resources that need to be put forward; it is meaningful sentences. Our government is doing that.

Instead of continually pounding on the government to throw more money at it, I wonder if the member will support future bills our government puts forward to make sure that this important element of protecting witnesses and victims is covered and that we actually complete the circle by providing meaningful, appropriate sentences for people committing crimes, .

[Francine Raynault, NDP, Joliette, QC]

Mr. Speaker, I do not believe that increasing sentences will encourage people to testify.

I wholeheartedly disagree with the member across the aisle. Increasing sentences will not protect witnesses.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I wonder if the member would recognize or provide comment on what we believe is the need to have a separate body to oversee the admissions to the witness protection program and possibly even something to deal with disputes between the protectees and the RCMP, which was something the Liberal critic talked about.

[Francine Raynault, NDP, Joliette, QC]

Mr. Speaker, yes, it is important to have an independent body so that the entity overseeing witness protection is not judging itself.

[Robert Aubin, NDP, Trois-Rivières, QC]

Mr. Speaker, I would like to thank the member for shedding some light on the subject we are dealing with today.

I could understand why, at first, she was enthusiastic about this bill. But now I am somewhat confused. The members on the other side of the House are telling us that there will be no extra money to put new measures in place.

In her speech, my colleague said that the number of people put in the witness protection program is low compared to the number of requests. At the other end of the spectrum are all of the community organizations that are working to prevent crime by tackling its root causes. They have had their funding drastically cut. It is clear that the Conservatives are singing that familiar refrain of “cuts, cuts”.

How can we hope that the bill will get the funding it needs to meet its goals?

[Francine Raynault, NDP, Joliette, QC]

Mr. Speaker, I thank my colleague for his question.

I do not know. The government gives and then it takes. It is cutting funding to the organizations that help people. If we want more witnesses, we would absolutely have to increase funding for the organizations that help people with problems.

When we have 30 out of 108 witnesses receiving protection, that is not a lot. Perhaps more than 108 people would want to become witnesses if they had better protection.

[John Rafferty, NDP, Thunder Bay—Rainy River, ON]

Mr. Speaker, I am pleased to speak to the bill today and to let the members opposite know that I will be supporting it, at least at second reading. It is an important bill. I have some reservations, which I will speak to in a moment, but I will also speak to some of the good things in the bill and why we need to get it to committee for discussion.

First, the NDP has long called for the government to enter the witness protection program and to ensure the safety of all Canadians who are in potential danger. Since 2007, the NDP has specifically called for better coordination of the federal and provincial programs and better overall funding for the program. Our demands were repeated in 2009 and again late last year by our member for Trinity—Spadina. If I have time, I will speak to that.

I certainly support Bill C-51 and the government's efforts to improve the witness protection program. There is a bit of history there, which I will also talk about in a moment. For people who are following the debate in the House and those who may be watching at home, we have heard about costing. Money has become a point of debate, and I would also like to bring it up at the risk of having a couple of questions from the members opposite, particularly from the Parliamentary Secretary to the Minister of Public Safety.

The parliament secretary has said that the government refuses to commit to any new funding. She also mentioned there were 30 Canadians in that program in the last year, but that only represents about a quarter of the people who actually applied to get into the program. That would indicate to me that there were probably more than 30 last year who should have been in the program, and the police forces could have used the program to a better end by including more people in the program.

It seems to me that saying there is no new funding for the program means that it would come from elsewhere. I suppose $400 million a year from the Senate would be helpful to expand the program, but that is another whole debate that perhaps I will not get into right now. However, we are concerned that this Conservative requirement that the RCMP and local police departments work within their existing budgets will hinder the program and hinder a bill of legislative changes that are good.

Bill C-51 would expand the eligibility criteria of the witness protection program to include gang members as well as witnesses who are recommended by CSIS and the Department of Defence. This is a good expansion of services, but how would the money situation be sorted out when there is no new funding for it?

One of the glaring things in the bill, which I hoped would have been addressed, is provisions for an independent agency. My friend from Winnipeg mentioned an independent agency to operate the program in one of his questions. This was recommended in the Air India report.

The RCMP would continue to be responsible for the program. That leaves the RCMP in a potential conflict of interest by being both the agency that is investigating and also the organization that decides who gets protection. There are some conflicts. I do not think they cannot be worked out, but just to make the government aware, these are some issues in the bill that we will be bringing up and talking about during the public safety committee and with the witnesses we see there.

To recap, New Democrats are pleased to see that the government is listening to NDP requests to expand the witness protection program. It is a little late in coming. There has been some give-and-take over the last number of years. If the Conservatives want to ensure the success of this new expanded witness protection program, they are going to have to commit to some funding. The NDP has always been committed to safer communities and one way to do that is through the witness protection program. It keeps our streets safe by giving police services the extra tools that they require to fight street gangs, for example.

The Witness Protection Program Act was first put forward in 1996 but unfortunately governments of the days in between have really done nothing to respond to the criticisms of the system. Overall, it is a positive step but we need to see if the Conservatives are going to provide the resources that really count for communities. In my riding of Thunder Bay—Rainy River, we have seen services cut. We have seen Service Canada cut to the absolute bone. Lots of jobs have been lost in Service Canada. We have seen our veterans office closed. We have seen immigration close. I do not know if the government has a good track record in terms of making sure that the resources are there to make these programs work, so naturally there is a concern about Bill C-51.

The government front benches are mostly Mike Harris throwbacks from the earlier Ontario years. That is in fact what the Conservatives did in Ontario. Downloading became the order of the day and Ontario is still trying to recover from that. I am concerned that is the direction the government might be going in.

For the folks at home, let me talk about Bill C-51 and some of the good things that are there. It proposes a better process to support provincial witness protection programs and expands the program to include other agencies with national security responsibilities. Bill C-51 would expand the eligibility criteria of the witness protection program to include various requests from the RCMP, including such people as gang members, and covering a whole new group of people who give assistance to federal departments. The federal departments and agencies with a mandate relating to national security, national defence and public safety would also be able to refer witnesses to the program. These are good things. It would also extend the period for emergency protection and clear up some technical problems in coordinating with provincial programs.

Provinces, such as Ontario and Alberta, for example, have been pushing for a national revamp of the witness protection program for some time, including more recognition of their existing programs. Bill C-51 provides for the designation of a provincial or municipal witness protection program so that certain provisions of the act apply to such programs. That is also a good thing. It also authorizes the Commissioner of the RCMP 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 into the designated program.

Lots of Canadians of course would think of witness protection in American media, movies, television shows and so on. We have quite a different system here. It is certainly not as widespread or as widely used. I am concerned when so many people apply for the program and police services give value to the people who are applying, and only a few, a third or a quarter of them, are accepted into the program. I can only assume that is because of the limited financial resources that are available.

I welcome questions from my hon. colleagues and perhaps we can flesh this out a bit more.

[Candice Bergen, Conservative, Parliamentary Secretary to the Minister of Public Safety]

Mr. Speaker, before I ask a question of my hon. colleague, I just want to remind him that sometimes assuming something can make us look not as good as we should. I would caution him not to assume that the reason the RCMP is not admitting every single person who wants to be admitted into the witness protection program has anything to do with money. It has to do with the RCMP doing what it does well, which is operational activity, law enforcement. It looks at and assesses the threat, and it makes a decision based on whether an individual and his or her family need protection or whether there are other ways to deal with the individual as a witness.

I would just caution the opposition. I know today its members are really going on that line. They want us to throw more money at the situation, when what is being asked for are changes to the legislation. I appreciate the member's support for the bill. I am looking forward to his co-operation during committee and with moving it through.

[John Rafferty, NDP, Thunder Bay—Rainy River, ON]

Mr. Speaker, I am not sure there was a question there, but I would like to continue along the vein that the parliamentary secretary outlined.

The Conservatives have been in government for almost seven years, and in that time we have heard repeated calls from the RCMP and the provinces for change. It has taken a long time to bring some of these changes forward, and I am glad to see these changes.

As far as costs are concerned, let me just quote something from the RCMP website if I may. “There are instances when the costs of witness protection may impede investigations, particularly for smaller law enforcement agencies”, and yet the Minister of Public Safety said it needs to do this within its existing budget. The reason I brought up the whole idea of costs in my part of the debate is that it seems to be a big concern.