Safer Witnesses Act

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

This bill is from 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 has also written a full legislative summary of the bill.

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-51s:

C-51 (2023) Law Self-Government Treaty Recognizing the Whitecap Dakota Nation / Wapaha Ska Dakota Oyate Act
C-51 (2017) Law An Act to amend the Criminal Code and the Department of Justice Act and to make consequential amendments to another Act
C-51 (2015) Law Anti-terrorism Act, 2015
C-51 (2010) Investigative Powers for the 21st Century Act
C-51 (2009) Law Economic Recovery Act (stimulus)
C-51 (2008) An Act to amend the Food and Drugs Act and to make consequential amendments to other Acts

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

May 30th, 2013 / 10:10 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, I enjoy serving on the OGGO committee with the hon. member. We are working on a very interesting report, which I hope comes forward before we adjourn for the summer.

I am not sure if the member caught what I said when I spoke about the recommendation from the Air India inquiry. I was very clear that the recommendation from that commission was that this body, this independent protection coordinator, would simply help with the handling and the processing and negotiation of the agreement. That person would not actually deliver the protection program. Program delivery would remain with the RCMP or the police authorities, so I do not see any way there could be interference. We could be assured that the office would include people who were fully qualified to deal with these kinds of activities. They could even be former police officers, who could be seconded into the program. However, it would be stand-alone.

In a lot of cases and a lot of communities, people do not trust the police. They may have had bad incidents and experiences and so forth. In this case, it might be really useful for the person to be seen clearly as not being an enforcement officer and to work with the witness and encourage him or her to come forward.

On the second point, about funding, I suggest that most police forces would say that they could always use additional funding.

Safer Witnesses ActGovernment Orders

May 30th, 2013 / 10:15 p.m.

NDP

Matthew Dubé NDP Chambly—Borduas, QC

Mr. Speaker, I want to ask my colleague about the point she just mentioned regarding funding.

The government is bringing in a system that will potentially—almost certainly—attract more witnesses. A number of government speakers have said that provincial and municipal police forces would be able to accept more witnesses. We know that this will cost money.

I would like my colleague to talk about the worrisome fact that there will be additional costs. I would also like to hear what she thinks about the fact that the government is once again introducing a bill without properly consulting municipal and provincial authorities.

Safer Witnesses ActGovernment Orders

May 30th, 2013 / 10:15 p.m.

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, I would like to thank the hon. member both for the fabulous speech he gave this evening and for his question. He sets the bar high in this place.

I too remain troubled. Very clearly, the government is saying that the intention is to expand the witness protection program and enable the various police forces to bring more witnesses into that program. I do not know how police forces are going to do that. I know that police forces are stretched in most jurisdictions. They are stretched even in my province, which is supposedly financially stable but is also suffering from a deficit.

The priority is that people are demanding more police boots on the ground. I do not see a lot of people coming forward and saying that the priority should be witness protection, yet the police forces themselves know that in order to win these cases, they need these kinds of programs and greater access.

We have $3.1 billion missing for the anti-terrorism program. Perhaps if we could find that, it could go into expanding the witness protection program.

Safer Witnesses ActGovernment Orders

May 30th, 2013 / 10:15 p.m.

Simcoe—Grey Ontario

Conservative

Kellie Leitch ConservativeParliamentary Secretary to the Minister of Human Resources and Skills Development and to the Minister of Labour

Mr. Speaker, the safer witnesses act is intended to help strengthen the current federal witness protection program, a program which could play a better role to effectively combat crime, particularly organized crime.

Let me state at the outset of my remarks that Bill C-51 is the result of consultations with law enforcement agencies and our provincial counterparts. The safer witnesses act will, first and foremost, improve the interaction of the federal witness protection program with provincial witness protection programs.

As it stands presently, an individual in a provincial program obtains several documents required for a secure identity change if he or she is temporarily admitted to the federal witness protection program. As members may be well aware, this process can result in delays in obtaining a new identity.

Bill C-51 proposes a remedy to the situation by establishing a straightforward process in which provincial programs can become designated witness protection programs. A province would request this designation from the Minister of Public Safety, at which time the provincial authority would provide assurances of the program's capacity to protect both its witnesses and its information.

Once a program is designated and upon the request of that program, the RCMP would be obliged to help in obtaining federal identity documents for a provincial witness requiring a secure identity change, without the individual being temporarily admitted into the federal program.

The proposed amendments contained in Bill C-51 enable the program to become more efficient and more secure.

Under the designation regime proposed by Bill C-51, the provincial official from a designated provincial witness protection program would request federal documents on behalf of the law enforcement agencies. This process would limit the number of individuals involved in the process, thereby making it more secure.

Among other improvements, Bill C-51 would expand referrals for admissions to the federal witness protection program to sources assisting national security, national defence or public safety organizations, such as the Department of National Defence and the Canadian Security Intelligence Service.

Bill C-51 would also enhance the security of all witness protection regimes in Canada by broadening and enhancing the existing prohibitions against the disclosure of information.

Currently, the federal Witness Protection Program Act prohibits the disclosure of information about individuals within the federal program. Section 11 of the current act says, “no person shall knowingly disclose, directly or indirectly, information about the location or a change of identity of a protectee or former protectee”. Bill C-51 would strengthen this prohibition in a number of important ways.

First, Bill C-51 would not only prohibit the disclosure of information about individuals in the federal program, it would also prohibit the disclosure of information about how the program operates, as well as about those individuals who actually provide or assist in providing protection for witnesses. Both of these prohibitions would also extend to designated provincial programs; that is, disclosure of information about witnesses, people who provide protection and information about the programs themselves will be prohibited.

Current provincial prohibitions against the disclosure of information currently apply only within the legislation of the particular provincial jurisdiction, not across jurisdictions. Bill C-51 would also clarify the prohibition with respect to what and how information is being disclosed.

As I have stated, section 11 of the current act contains the phrase, “no person shall knowingly disclose, directly or indirectly, information about the locations or a change of identity of a protectee or former protectee”. The phrase “directly or indirectly” was considered to be unclear.

The proposed amendments in Bill C-51 clear up any ambiguity to ensure that the prohibitions will clearly apply to cases where a person discloses information in a range of ways. Some examples include telling someone what a protected person's name is, leaving information about the protected person unguarded and telling someone where a protected person lives.

Bill C-51 would prohibit all of the above disclosures by specifying that no one shall disclose any information, either directly or indirectly, that reveals the location or change of identity of a protected person or the information from which the location or change of identity may be inferred.

By extending referrals to this category of witnesses, we are also delivering on one of our commitments under the Government of Canada's Air India inquiry action plan released in 2010.

The current federal witness protection program has served the criminal justice system well. Today there are hundreds of individuals under the protection of the program.

In 2011-2012 alone, the RCMP considered a total of 108 cases for admission into the federal witness protection program. Thirty protectees were admitted to the program, of which 27 were granted a secure name change. The number of admissions fluctuates from year to year, depending upon factors such as the number of cases being investigated or the number of people in a witness' family.

During the same time, the RCMP also provided assistance to other Canadian law enforcement agencies under the existing Witness Protection Program Act. The Witness Protection Program Act has not been substantially changed since 1996. The fact that the federal witness protection program serves the criminal justice system well does not mean that there is no room for improvement.

Ongoing consultations with provinces and law enforcement agencies, among others, have revealed that improvements could be made to adjust to the increasingly sophisticated, evolving and global nature of organized crime. The government's consultations with provinces and territorial stakeholders have also helped to highlight some areas where stronger provisions are needed, which I have mentioned today.

The witness protection program is a vitally important tool in our ongoing efforts to combat organized crime groups.

Bill C-51 addresses the need for modernization, as well as enhanced information protection and integration with provincial programs. Bill C-51 introduces reforms to the present witness protection environment that will build on our collective efforts to combat organized crime, as well as terrorist organizations, and in that way help us all continue to build safer streets and communities for everyone.

Safer Witnesses ActGovernment Orders

May 30th, 2013 / 10:25 p.m.

NDP

Pierre Jacob NDP Brome—Missisquoi, QC

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

I would like to remind him that the Conservative government has been in power for almost seven years. During that time, the RCMP and the provinces have asked several times for changes to the witness protection program.

My question is simple: Why did they wait so long before making concrete proposals?

Safer Witnesses ActGovernment Orders

May 30th, 2013 / 10:25 p.m.

Conservative

Kellie Leitch Conservative Simcoe—Grey, ON

Mr. Speaker, let us be very clear. This government has been very focused and committed to keeping our streets and communities safe. We are putting forward an effective and reliable witness protection program and we know this is valuable in fighting crime, especially organized crime and terrorism.

This is very different from the approach the NDP members have taken of essentially voting against the majority of legislation we brought forward to both protect victims and to move forward in dealing with organized crime.

We are introducing this new legislation with a number of amendments in an effort to ensure Canadians are safer, that they find themselves safe in their communities and on their streets.

Safer Witnesses ActGovernment Orders

May 30th, 2013 / 10:25 p.m.

NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, I am curious as to why the parliamentary secretary has to make an ideological battle out of every argument.

We are supporting legislation that the government is bringing forward. We are saying what we like about it. We are arguing about ways that could perhaps improve the legislation.

Is that not what parliamentarians are supposed to do? Why do we always have to descend to some sort of argument about “You guys are the bad guys, and we are the good guys”? Why does the very well-educated hon. member have to descend to that in every debate that takes place in the House?

Safer Witnesses ActGovernment Orders

May 30th, 2013 / 10:25 p.m.

Conservative

Kellie Leitch Conservative Simcoe—Grey, ON

Mr. Speaker, I find that very amusing. I sat in the House some time ago on Bill C-44 and commended the opposition on its significant support for particularly ill children. It is important that we highlight there are certain differences between the two parties.

I am pleased the opposition members are supporting the direction of this. I look forward to working with them more in the future, as I did with my critics on the human resources committee with respect to Bill C-44.

Safer Witnesses ActGovernment Orders

May 30th, 2013 / 10:25 p.m.

Conservative

Dan Albas Conservative Okanagan—Coquihalla, BC

Mr. Speaker, this is strong legislation, and I am happy that the NDP and the Liberals have decided that they will join with us to support it moving forward.

One thing I do know is the member consults with Canadians on a regular basis. This set of legislation took time to review and consult with both the provinces and a wide variety of individuals to ensure these witnesses were protected.

With this legislation, particularly in working with the provinces, what aspects of it does the parliamentary secretary appreciate most in creating that sense of safety? If we cannot protect our witnesses, we cannot bring those people forward to give their testimony so we can, as the members opposite said, put away the bad guys. That is an important point on which I would like us to focus.

Safer Witnesses ActGovernment Orders

May 30th, 2013 / 10:25 p.m.

Conservative

Kellie Leitch Conservative Simcoe—Grey, ON

Mr. Speaker, one thing that has taken place in the broad consultations with provinces, territories across the country and number of different stakeholders are the amendments that have been put forward.

Whether that is an improvement in the processes to obtain secure identity changes for witnesses in the provincial programs and the interaction of the programs provincially with those federally, whether it is a broadening of prohibitions against the disclosure of information or the extension of time for emergency protection that may be extended, these are all significant amendments to the act that will greatly improve it and provide opportunities for all Canadians to feel safer in their homes and in their communities.

Safer Witnesses ActGovernment Orders

May 30th, 2013 / 10:25 p.m.

NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, I am honoured to have an opportunity to speak in the House this evening to this important legislation, Bill C-51, which amends the Witness Protection Program Act and makes other consequential amendments.

This is an important public safety tool, as has been mentioned by a number of members on both sides of the House. It is a tool that enhances the opportunity to prosecute crimes, particularly, crimes that undermine the security of our communities. such as organized crime and gang crime. Where do we need witness protection? We need witness protection when the criminals we are seeking to prosecute are prepared to use further criminal acts to retaliate and to exert violence or other forms of repression on people who co-operate with the authorities to try to make our communities safer.

This really gets at the heart of what we need to do to protect our communities. We see this across the country. We see it in prisons, in the cases of gangs. We see it in our communities as well. We see it in the case of organized criminal organizations, such as the Hells Angels, which have been very active in various parts of the country. We see it in the drug trade, in general. We also we see it in other security-type activities and very significant terrorist measures, such as the actions in the Air India disaster and the need for a strong witness protection program to fully prosecute those guilty of engaging in that enormous frightening terrorist event.

Improvements to the witness protection program have been sought for many years. Since 2007, our party has been calling, specifically, for better coordination of the federal and provincial programs and for better overall funding for the program. These demands were repeated in 2009 and again in 2012. Specifically, the member for Trinity—Spadina was concerned about the inability of the police forces to get witnesses in the bad summer of shootings at the block party on Danzig Street, for example, and the difficulty that the police had in finding witnesses to come forward.

We do support theses measures.

I do not sit on the public safety committee anymore, although I did a few years go. I did sit in one or two of the meetings, listening to some of the witnesses on this program. There were acknowledged significant improvements being made to expand the coverage of the program of eligibility. It is very important for national security that national defence or other public safety departments will be able refer witnesses to the program. It extends the period of emergency protection and clears up some technical problems.

We are very disappointed that the bill does not include more of the recommendations, for example from the Air India inquiry, such as a more transparent and accountable process for admissions to the program. We are also very concerned that local police departments will have the support necessary to ensure that witnesses can come forward in a gang situation, for example.

We have heard again and again tonight that there is a lack of recognition of the high cost borne by local police departments and the concern about the adequacy of funding.

We know what the RCMP officials said at the hearings. They said that they were satisfied they could handle the problem. However, I have a problem with that. The only statistics that have been floating around are from 2012. They noted that out of the 108 individuals who sought the protection and were considered for the program, only 30 were accepted. That is a pretty significant turndown rate.

What was the fallout from that? How many cases did not go to court because there was no protection offered to those witnesses?

We had the Minister of Public Safety himself acknowledging that the cost of the program is one of the criteria used to determine whether someone is accepted. He diminished it as being only one of the seven, but the cost of the program is one of the criteria, and we have two-thirds of them being turned down. We would be increasing the eligibility opportunities, so more people could apply in more circumstances.

We hear from the other side, and we ourselves are concerned, about gangs and other forms of organized criminal activity. What we see from all that is that there is going to be significant pressure on this program to admit more people, and the resources are not going to be there, or the lack of resources could be used, because it is one of the criteria, to turn down people who seek admission to the program.

I am not saying that every person who asks for witness protection is entitled to it. Do not get me wrong. I am not taking some sort of extreme position. I am doing my best to be reasonable with respect to this matter, because what we are seeking is a bill that is going to work. The problem I have, despite the quotes we have heard from the hon. members opposite, and I am not saying they are making them in bad faith, is that they seem to be a bit selective in leaving out the concerns raised by witnesses at the hearings.

I want to emphasize the comments and statements of the Canadian Association of Police Boards. Who are they? We heard from the Canadian Police Association. This is all the police officers in Canada. I do not know if we heard from the Canadian Association of Chiefs of Police. I do not see any quotes from them being raised here.

The police boards are the civilian boards that are appointed by the communities and are responsible for oversight of the policing activities in their areas and the safety of their communities. Obviously, the enforcement is carried out by the police officers themselves, but the police boards are responsible for how these communities operate. We talked about small communities, but they are even in big communities.

The president of the Canadian Association of Police Boards, on March 19 of this year, testified before the committee and said:

Without the availability of sufficient funding, our ability to take advantage of the program will be limited. In places like Toronto, that's a big problem because, as you know, we're dealing with serious violent crimes and often rely on witnesses from the community, not informants and others but witnesses from the community. Their needs may not be significant, as was mentioned. All they may need is a little bit of protection, but that requires that sufficient funding be available for us to be able to do it. That, for us, is a problem.

Elsewhere in testimony, the same individual said:

...our chiefs have said to us that their ability to access fully, proportionate to their need, is not there.

That is in Ontario. We have also had other representations. Andy McGrogan from the Medicine Hat Police Service said that, provincially, they are working on witness protection legislation as well, but right now they are looking at how to absorb these costs. He said:

If you look at a community such as ours, the protection of one witness, if funded through the municipality, has a major impact on our budget. We're watching this legislation and really trying to determine where it's going to unfold at this time.... We totally understand that. How it's going to impact us financially, of course, is our biggest concern.

I have only one minute to complete my remarks, but I want to say that we support this legislation, but we have concerns that we do not have a stand-alone organization, which we have asked for. We do not have adequate funding, which we have asked for, and no commitment to it, and there seems to be a failure to recognize that it is what has to happen.

I would be very pleased to respond to any questions or comments that members opposite, or my colleague, might have.

Safer Witnesses ActGovernment Orders

May 30th, 2013 / 10:35 p.m.

Conservative

David Tilson Conservative Dufferin—Caledon, ON

Mr. Speaker, the member for St. John's East has made some statements, as have many of his colleagues, that this program is underfunded. He gave some quotes just now from the hearings, but of course, there are other quotes.

The Assistant Commissioner of federal and international operations of the Royal Canadian Mounted Police, Todd Shean, in the same hearings my colleague referred to, said, “with the changes this bill brings about, the RCMP is comfortable that we have the resources within our existing resources to run an effective witness protection program”.

That was a member of the Royal Canadian Mounted Police who said that. I suppose the member can come along and say that he has another source who would say that the program is not funded appropriately. I would like to know if the member is relying on statements that someone else made. We have quotes from others who have said that the funding is appropriate. Does he have facts that show that the program is not funded appropriately?

Safer Witnesses ActGovernment Orders

May 30th, 2013 / 10:40 p.m.

NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, I could quote Commissioner Micki Ruth, a member of the policing and justice committee of the Canadian Association of Police Boards. He testified on March 7 that the problems identified back in 2007 with the adequacy of funding for the current witness program are not addressed. He said, “We urge you to appreciate our position that unless the issue...is addressed, the legislation will not produce the result that is intended”.

We think there ought to be an independent board, and not the RCMP. The RCMP says that it is comfortable with the funding, but it is the one deciding who gets witness protection and who does not. We have seen from the statistics in 2012 that of the 108 people who were considered, only 30 were given access to the program. We do not know what is going on there for sure.

What we are saying is that we have people such as the police boards, who are in the communities policing people and are the ones looking for secure and safe communities, saying that funding is not adequate. It was identified as long as five or six years ago. Where is the increase? We are increasing the eligibility. Where is the increase in funds?

Safer Witnesses ActGovernment Orders

May 30th, 2013 / 10:40 p.m.

NDP

Ève Péclet NDP La Pointe-de-l'Île, QC

Mr. Speaker, I would like to follow up on the comments by my colleague on the other side of the House.

The RCMP website indicates the following:

There are instances when the costs of witness protection may impede investigations, particularly for smaller law enforcement agencies.

The RCMP is referring to small law enforcement agencies that enforce the law, such as municipal forces, not the RCMP. The RCMP has never claimed to have a funding problem. That is not what we are talking about. The problem is that the costs associated with this program are borne by the provinces and small entities such as local police forces.

I would like my colleague to comment further on the difference between the RCMP and local law enforcement agencies.

Safer Witnesses ActGovernment Orders

May 30th, 2013 / 10:40 p.m.

NDP

Jack Harris NDP St. John's East, NL

Mr. Speaker, I want to thank my colleague for pointing that out. It is clearly there on the website.

Commissioner Todd Shean said that the RCMP was comfortable that it could have an effective program. That is not to say that it would be adequate for all the communities in the country. The RCMP acknowledged that investigations would suffer. That would be at the local community level, and when we have the police boards that look after these communities across the country saying the same thing, I have to worry, frankly.

I appreciate my colleague pointing out that website quote. It is something the RCMP itself acknowledges.

There is logic to this, as well. If we increase the eligibility, more people will be invited to participate because of the broader criterion. More people would be able to apply, but without more money, we would have a crunch.