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 / 5:25 p.m.
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NDP

Randall Garrison NDP Esquimalt—Juan de Fuca, BC

Mr. Speaker, I heard with interest the parliamentary secretary say there was danger in assuming things. I would like to ask the member what he thinks about the minister's assumption that we can expand this program without additional resources. It seems hard to figure out how we can admit more people and more kinds of people to this program within the existing resources.

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 5:25 p.m.
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NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Mr. Speaker, that was a good question. Personally I like it when a bill comes forward that we can support, at least at second reading. I like it when we can get a bill to committee where we can talk about things and pinpoint one or two particular issues of great concern if we want a program to work well. If the government is going to introduce a bill, if it is going to change some legislation, then it has to make sure it will be successful or there is no sense in bringing it forward in the first place.

If I do have the opportunity, I would like to ask the government a simple question, like one we would hear in question period. Is the government going to invest, yes or no?

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 5:30 p.m.
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Conservative

Leon Benoit Conservative Vegreville—Wainwright, AB

Mr. Speaker, the member for Thunder Bay—Rainy River focused a lot of his presentation on making the money available and on jobs. I find that ironic because he is a member of a party that has been working with some radical groups to slow down every resource project we have been developing in this country, and that is starting to show some negative results. Alberta has a deficit now of about $7 billion. That is going to start reflecting directly on the revenue coming in to the federal government. On the one hand the NDP keeps asking for money, and on the other hand it keeps working with radical groups to slow down development of the resource sector. The member has to answer to this. He has to bear some responsibility for this.

I would like the member to comment on that.

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 5:30 p.m.
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NDP

John Rafferty NDP Thunder Bay—Rainy River, ON

Mr. Speaker, my friend across the way tries really hard, but he is often confused. That was a good example of a confusing question. The parliamentary secretary was concerned about making assumptions, and yet that member was making assumptions. We are doing quite well and moving ahead with resource development in northern Ontario, thanks very much. I do not really know what the member is talking about.

We talk about money and resources, because we want to make sure that changes happen and that they happen for the benefit of all Canadians, and also so we can all work together in the House. People in my riding are constantly asking me why we do not work together in the House, why we are not trying to bring forward the best legislation possible. I am standing in this debate to say to the other side that I listen. Let us make this work. Let us make this the best possible legislation, but let us be transparent about it. Let us talk about the things in this legislation about which we are concerned.

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 5:30 p.m.
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NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

Mr. Speaker, I will try to be as brief as possible.

I am pleased to rise in the House to say that I support a government bill—at second reading, at least. It is a jewel, and I hope we will see bills like this more often.

The government has a very hard time consulting people and developing bills that truly address the realities of everyday life. We have seen that over and over with all kinds of bills. I could name a few, but I would rather focus on Bill C-51 right now.

This bill addresses certain points. What is most obvious is the lack of money. We have heard many times in the House that the program will not be funded.

It is very worrisome that this government claims to be a good manager of the economy but cannot see the need to have resources available when it proposes changes. The government has missed the mark.

Once again, I condemn the government for failing to hold enough consultations. If it had taken the time to consult people, especially the provinces that have been calling for a new witness protection program, it would have seen that resources are needed and that the provinces need support.

The fact that we have gotten to this point today is due in large part to the Air India inquiry. The Air India bombing was devastating. Many lives were lost. It took years, decades, before we could begin to understand what went wrong and what could be learned from this tragedy.

After Justice Major released his report on Air India, the Government of Canada presented its game plan. In its 2010 action plan, it spoke specifically about witness protection:

“Witness Protection -- Delivering better and more effective protection for witnesses.”

The bill before us today stems in large part from the fact that the Conservative government read the report and is trying to find solutions. I commend it for that.

The Conservatives said:

To further enhance its federal Witness Protection Program and address current challenges, the Government will: introduce more transparency and accountability into decisions concerning admission to the Witness Protection Program; promote the fair and equitable treatment of protectees by focusing more on their needs; and enhance the way sources of mutual interest to the Canadian Security Intelligence Service (CSIS) and the RCMP are handled.

Perhaps what is missing here is, again, financing all of these goals. It is great to list them, but it would also be great to finance them.

To understand what the government is trying to accomplish with the bill before us, we must go the Public Safety Canada website, which provides a definition of a witness entitled to protection under the witness protection program:

Definition of Witness

A witness is defined [by the witness protection program] as someone who gives or agrees to give information or evidence, or agrees to participate in a matter relating to an investigation or the prosecution of an offence. Generally, there are three categories of people who may need protection under the federal [witness protection program]: agents, who are directed by the police to accomplish certain tasks in the course of the investigation and are compellable witnesses; witnesses, including “innocent bystanders” who have information about a crime and decide to come forward, or individuals who, because of a relationship with the witness, may also require protection; and repentant witnesses or co-accused individuals who agree to testify against a fellow accused.

That is all very nice. However, let us not forget that during the Air India inquiry, one of our witnesses was killed before he could testify.

I think that proves how urgently this program needs to be overhauled. Because of the program, a key witness at such an important inquiry was unable to testify and was killed as a result.

Quite frankly, witness protection is not too much. We must not forget that there have been expenditures under the program before us. I will come back to that because it is important. The program accepted only 30 people out of 108, at a cost of $9 million. Therefore, for the year that ended in March 2012, $9 million was spent to protect 30 people. For an investigation such as the Air India investigation to be conducted properly, quite frankly the $9 million would have been a good investment at the time. We missed an opportunity to better protect people.

We have before us a bill that could help us, give us some avenues to explore and even offer solutions. It is not a bad bill. We can even applaud many of the measures. However, since the Witness Protection Program Act was passed in 1996, there have been few improvements.

In the past, the Liberal and Conservative governments did little to respond to criticisms. When Bill C-223 was introduced by a Reform member in 1999, we supported it. The NDP also wanted to move forward. Unfortunately, the Liberal government at the time thought otherwise and defeated the bill.

Once again, I congratulate the members of the House who really wanted to improve how witnesses who need protection are treated. The members across the floor will recall that the Reform Party has a lot in common with the Conservative Party. At least they will agree with me on that. A consensus among us would have been nice, so we could move forward with this bill. It is too bad the Liberal Party did not move forward on this when it had the chance.

Since then, there have been many calls for improvements. We must not forget that the hon. member for Trinity—Spadina introduced a bill on this in November 2012 in response to the problems that the Toronto area was having with street gangs.

The new bill would definitely help address these issues. It is important to keep moving forward, but we need to do so in co-operation with the provinces. Co-operation is seriously lacking. Provinces like Ontario and Alberta that have many Conservatives members—who, incidentally, should listen more—have been pushing for the program to be renewed and improved for quite some time now.

Based on the provinces' requests, the changes set out in Bill C-51 are simply inadequate. They need to go a lot further.

Inter alia, Bill C-51 does the following:

(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....

What I was saying is that the person's identity must be changed. But the provinces simply are not in the position to be able to do that themselves.

But the RCMP is able to help people change their identity. They need licences, a new ID card, a new social insurance number and perhaps even a passport. Many federal documents are required. And no organization is in a better position to help these people than the RCMP.

All this is funded by the federal government in co-operation with the provinces, and that is what I dislike. It is critical that we find a way to better fund the bill before us today.

I hope that when this is debated in committee, the government members will propose improvements to the bill so that the programs will be better funded in co-operation with the provinces. The request that the provinces are making, that the program be better funded, is key.

An article was recently published in Maclean's. I want to quote certain parts of it that support what I have been saying and the claims from the provinces and other stakeholders. We hope to see these claims when the bill is studied in committee.

In December 2012, the Conservative government made the following announcement:

The Conservative government plans to introduce long-anticipated legislation today to modernize the federal witness protection program...

Revelations five years ago that a protectee committed murder while in the program triggered a wave of review and discussion.

Très inquiétant.

The legislation is expected to include a more independent process for deciding who gets into the secretive program, as well as improved training and more sophisticated practices for handling protectees.

Some members have sued over the program, while others have been kicked out.

The proposed federal changes follow recommendations from a Commons committee, an inquiry into the 1985 Air India bombing and extensive consultations with the provinces.

Several provinces have their own witness protection programs, but often they provide only short-term assistance. In addition, obtaining new federal identity documents for protectees requires co-operation with the Mounties.

The proposed changes to the Witness Protection Program Act, passed in 1996, are expected to simplify the process of obtaining these crucial documents and generally improve relations with provincial agencies.

Ontario and Alberta have been pushing for more federal recognition of their witness programs as part of the national revamp.

I want to emphasize that there were consultations and that the problems raised during those consultations were, for the most part, related to expensive technical issues. Once again, there is no support to move ahead with what needs to be done. I think that the government could come up with a bill that better meets the needs if it were to take the provinces' comments seriously.

We would like to see a more transparent system, a system that does a better job of meeting needs for the purpose of determining who is eligible for this program. So far, this is not necessarily clear because even the government has a hard time answering the question. Still, this is a step in the right direction. We want the Conservatives to start providing the necessary resources to ensure that the current program meets the needs in our communities.

Many have stated that the need to protect people is greatest right in communities, in street gangs. We want people affected by street gangs to feel comfortable testifying so that, ultimately, our streets can be safer. To make that happen, people need easier access to this program. They have to know that they will be protected. I doubt that is the case now. I am not sure that they would put their faith in the bill before us. Once again, this bill would benefit from more thorough debate in committee.

To date, the government does not seem to have recognized that operating a regional police force is very expensive. The fact that it costs the provinces a lot of money and that no money will be coming from the federal government is a problem. Unfortunately, that is often the case with the government. It legislates changes at the provincial level or drops a federal responsibility hoping that the province will pick up the slack. Then the province has a hard time paying for a program it does not have the means to pay for. In the end, the federal government will tell people that it has conquered the deficit because it has decreased spending when all it will really have done is transferred costs to the provinces and municipalities, which will have to find ways to make up the shortfall.

The Harper government is terrified of increasing taxes. That is all well and good, except that it leaves the provinces no choice but to increase their own taxes.

For the taxpayer, provincial and federal taxes are all the same: they are taxes. The Harper government has nothing to brag about. I would even say that it should be ashamed.

In the provincial witness protection programs that involve crimes of a federal nature, the RCMP takes over and charges local police departments the full cost, something that many local departments cannot afford. The RCMP's own website states that there are instances when the costs of witness protection may impede investigations, particularly for small law enforcement agencies.

The municipalities I know that have their own police force and smaller municipalities with smaller police forces will find it very difficult to fulfill the obligations that the federal government is imposing on them, or at least that the bill we are studying in the House plans to impose.

Once again, it is an improvement, and I congratulate the government, but we must do much more. Unfortunately, this government has a great deal of difficulty understanding just how great the need is and how crucial it is that the need be met.

Our society is protected by the combined efforts of the federal, provincial and municipal governments. Together, we can help solve the problems we face. However, it does not help to impose new criteria without providing the resources required to enforce or even implement the criteria. The government is creating a situation that is doomed to failure. This must be avoided at all cost.

The NDP has long been calling for better co-operation between the federal government and the provinces. We are pleased to see an improvement in that regard. That being said, without the necessary funds, it will be hard to ensure that the programs being proposed here today will get very far. I think this is going to create even more problems for the local police forces, which will have a hard time meeting the obligations imposed by the federal government. We must prevent that. Closer co-operation would have truly improved the situation, but that is not what we are seeing today.

I am very pleased to vote in favour of this bill, at least at second reading, but it is time for the Harper government to start realizing that we need better co-operation.

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 5:50 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

Order, please. I remind hon. members not to refer to other members by name. You can refer to them by the name of their riding or by their title, but not by name.

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 5:50 p.m.
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NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

Mr. Speaker, you are absolutely right. I accept your admonishment and I will do my best to avoid using proper names. The members of the House of Commons sometimes have difficulty obeying this rule, because we have to speak in a strange way in order to obey it, so as to avoid addressing the person directly and instead speaking through you, Mr. Speaker. We will continue to respect this time-honoured tradition.

As for witness protection, although we began this debate as a result of the Air India inquiry, I think today's debate should focus on protecting Canadians from the street gangs that exist primarily in large urban centres, where the need is greatest. We see that. People are being injured or even killed by these gangs. It is crucial that young people be able to co-operate with police forces as much as possible, but this is posing a problem right now.

I would like to quote part of an article by Jim Bronskill that appeared in The Canadian Press on February 12, 2012:

Youth gang members—not just mobsters, bikers and other traditional protectees—should be allowed into the federal witness protection program as part of a sweeping modernization, says the RCMP.

The RCMP says that this protection needs to be expanded. Bill C-51 responds to the RCMP's request to a certain extent, which is good. However, no one seems to know where that money will come from. Let us not forget that this program is not very costly. In 2011-12, the program cost only $9 million.

If we want to improve the system, it is going to cost a little more. The Conservatives are keenly aware of this. It is important that they realize this and that they provide additional resources.

During the committee examination, what resources will they add to their plan?

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 5:50 p.m.
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Portage—Lisgar Manitoba

Conservative

Candice Bergen ConservativeParliamentary Secretary to the Minister of Public Safety

Mr. Speaker, in the few short minutes that I have I want to bring the debate back to the actual bill and its contents.

My hon. colleague, in his remarks, talked a lot about what the provinces that have their own provincial witness protection programs have asked us, the federal government, to do. We have responded to those requests. What they did not ask for was more money to implement their programs. What they asked for were some changes so that they could get identity documents changed for the people under their purview and protection. We have responded to that by saying that they could be federally designated. There is no cost associated with that. I wanted to clear that up.

However, I also want to ask my hon. colleague if he has looked at how the legislation has broadened the way that people involved in the witness protection program can be protected. Right now it is only their name and address that is protected, which is a very narrow and small amount of information.

Has my hon. colleague looked at that part of the bill and would he comment on whether he supports that?

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 5:50 p.m.
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NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

Mr. Speaker, absolutely, the bill includes a lot of improvements. I congratulate the government for having brought forward a number of improvements.

I do not think the provinces are in any way naive here. When they ask for more services and more resources, everyone understands that those resources do not come for free. Quite the contrary, I think the government needs to put forward a serious plan of action, one that would bring forward the programs that it is proposing and realize them concretely, but also that we can fully discuss at committee how these resources are going to be paid for.

I would love to hear the government, which always tells us how well it manages our economy, tell us exactly how it will manage to provide resources to our provinces that require the help. Again, unfunded mandates are a problem that we see an awful lot of in the United States. I would like to see Canada buck that trend and actually start working in partnership with our provinces. That is something that I think—

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 5:55 p.m.
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Conservative

The Acting Speaker Conservative Bruce Stanton

Order, please.

Questions and comments, the hon. member for Honoré-Mercier.

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 5:55 p.m.
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NDP

Paulina Ayala NDP Honoré-Mercier, QC

Mr. Speaker, earlier, when I asked the member opposite a question, I said that protection involves costs. People need to be protected; they might need to be moved, professionals may need to be paid.

In this bill, the eligibility criteria for this program would be expanded. That looks great on paper, but there are costs involved. To those who say that their government has done a lot to protect witnesses and that it has tried to take action, I would say that the government needs to put its money where its mouth is. A great bill without the necessary budget to make it work is nothing but smoke and mirrors.

I would like my colleague to talk about the lack of funding, when it is funding that is needed to make this program work.

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 5:55 p.m.
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NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

Mr. Speaker, I would like to thank the member and congratulate her on the work she does in her riding.

To answer her question, this government does nothing but boast. It says that it is bringing in programs, that it wants to help people. But when it comes time to pay the bills, the government is nowhere to be found. It is completely against raising taxes, and it is so ideologically driven to reduce the federal deficit that it finds itself in big trouble.

The Conservative government must consider how it will pay for the programs it is introducing. Employment insurance is a good example of how this government simply did not understand that saving money at others' expense is no way to operate and no way to work with the provinces. It is just moving spending from one level to another, but there is only one set of taxpayers. This government is having a hard time understanding that cutting at this level creates a nearly dollar-for-dollar increase at the provincial level.

It is truly unfortunate that the government has decided to transfer this responsibility. It is a bad idea. I do not think that this is what the provinces asked for during the discussions. They did not ask the government to give them additional responsibilities without covering the cost of those responsibilities. This is critical, but unfortunately, the Conservative government is having a very hard time understanding it.

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 5:55 p.m.
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Blackstrap Saskatchewan

Conservative

Lynne Yelich ConservativeMinister of State (Western Economic Diversification)

Mr. Speaker, I listened with great interest to the questions asked and the continued insistence and focus of the NDP members on the RCMP resources, and what questions they are going to be asking at committee. The parliamentary secretary assured the House that money was not the focus of the bill, that the focus was on regulations.

Does the member and his party intend to hold up the bill at committee, in spite of assurances that this is a regulatory change and not about money? Are they are losing focus on supporting the bill?

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 5:55 p.m.
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NDP

Philip Toone NDP Gaspésie—Îles-de-la-Madeleine, QC

Mr. Speaker, I thank the minister for that question but I am perplexed as to why she came to that conclusion. We are here to collaborate and to help. Everyone agrees the bill needs to be brought forward and needs to be put into effect as soon as possible, subject to the discussions at committee.

As for which party is going to be causing any kinds of delays at any particular level, I do not see how any party at this point is creating delays. The Conservative Party should be looking at why it took so long to bring the bill forward in the first place. The Air India inquiry started many years ago and the requests from the RCMP have been known for years. Again, I applaud the Reform Party member who brought the private member's bill forward ages ago, which we supported. The government had ample opportunity since to bring changes forward and it simply has not. As far as delaying tactics, I do not think they come from this side of the House.

Safer Witnesses ActGovernment Orders

February 11th, 2013 / 6 p.m.
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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, the member is aware that the primary purpose of the legislation is to enhance a program that was established in the nineties in regard to the witness protection program. We recognize the value in terms of witnesses who are compromised by testifying, whether it is against organized crime or a potential terrorism act. In order to get them to testify, the idea of expanding the program through the legislation will provide an additional tool for our police agencies across the country.

I wonder if the member would comment on just how valuable that is in terms of supporting our police forces, in this case the RCMP, by giving them yet another tool to use. This could be a very valuable tool in terms of being able to secure prosecutions in the future.