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

[Patrick Brown, Conservative, Barrie, ON]

Mr. Speaker, ensuring that all Canadians have safe communities in which to live has been a priority for our government since taking office. Our government has undertaken numerous initiatives to ensure the safety of Canadians. For example, our government is following through on its commitment to give the RCMP the tools it needs to enhance public confidence and increase accountability to its members and Canadians. This is apparent through our support for Bill C-42, the enhancing Royal Canadian Mounted Police accountability act. This legislation would enable the RCMP to continue its ongoing transformation toward a strong and vibrant national police force that Canadians will continue to believe in and value.

The enhancing Royal Canadian Mounted Police accountability act would help the RCMP remain accountable and relevant now and in the future. First, this act would create a modern, independent civilian review and complaints commission for the RCMP which would strengthen civilian oversight. Second, investigations of serious incidents, such as death or serious injury involving RCMP members, would be more transparent and accountable to the public through the implementation of a new framework. Third, the act would modernize processes with respect to discipline, grievance and human resources management for RCMP members, because it would put in place mechanisms to prevent, address and correct performance and conduct issues fairly and in a timely manner. These changes would help address concerns that have been raised by both the Canadian public and RCMP members themselves.

Bill C-51, the safer witnesses act, is another important legislative change that would support the work of our police and ensure that we meet our commitments to Canadians. Witness protection programs offer protection, sometimes including new identities for certain individuals whose testimony or co-operation is vital to the success of law enforcement operations. In Canada, the RCMP administers the federal witness protection program, which was officially established in 1996 with the passage of the Witness Protection Program Act. Through the federal witness protection program, the RCMP can provide emergency protection in the form of permanent relocation and secure identity changes for witnesses under threat.

The legislation governing the federal witness protection program, however, has not been substantially changed since 1996, when it first came into force. This has posed challenges for the RCMP, who must contend with the constantly changing nature of organized crime. The safer witnesses act would help strengthen the current federal witness protection program and thus support the RCMP in effectively combating crime, particularly organized crime. Bill C-51 would also help protect individuals, including RCMP members and other law enforcement officers and civilians involved in administering and delivering witness protection.

Disclosing information about individuals in the federal witness protection program is prohibited by the Witness Protection Program Act. Bill C-51 would expands on this by also prohibiting the disclosure of information about individuals who provide or assist in providing protection for witnesses as well as how the program operates. Under Bill C-51, this prohibition would extend to both the federal and designated provincial programs. Bill C-51 would also positively impact the provision of protection by promoting greater integration between federal and provincial witness protection programs.

Under the current legislation, if an individual in a provincial witness protection program requires a secure identity change, he or she must be temporarily transferred into a federal witness protection program so that the RCMP can obtain the appropriate documents. This may introduce delays in the process. The changes proposed by Bill C-51 would allow provincial and territorial governments to request that their programs be designated under the federal witness protection program act. This one-time designation would mean that the witness in the witness protection program could receive a secure identity change without needing to be admitted into the federal one. These reforms would support the provision of protection at all levels by streamlining the process to obtain secure federal documents for these purposes.

Another change proposed by Bill C-51 responds in part to a recommendation made in the final report of the Air India inquiry. The legislation proposes to expand the categories of witnesses who may be admitted to the 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.

More organizations would also be able to refer candidates. Examples of such organizations are the Canadian Security Intelligence Service and the Department of National Defence. Currently, referrals are only accepted from law enforcement and international courts or tribunals.

The RCMP has administered the witness protection program for the last 15 years, during which time it has gained significant experience and insight into factors that make for a successful witness protection program. Bill C-51 would build on this experience and address a number of operational issues that the RCMP has experienced.

For example, Bill C-51 would clarify the process for voluntary termination from the federal program. It would also extend the amount of time emergency protection might be provided to candidates being considered for admission into the federal program. Emergency protection would be increased from the current 90 days to a maximum of 180 days.

In addition to these changes proposed by Bill C-51, the RCMP is currently taking measures to enhance the federal witness protection program, including incorporating psychological assessments of candidates and counselling for protectees and their families, incorporating risk-management principles into the admission process, enhancing training for witness handlers and administrators, creating a database that would better inform program design and, lastly, offering the services of legal counsel to all candidates being considered for admission into the federal program.

The RCMP would also continue to use the existing seven criteria outlined in the act to assess whether to admit an individual into the program, including the risk to the witness, the danger to the community if the person were to be admitted into the program, the nature of the inquiry and the importance of the witness in the matter, the value of information and evidence to be given by a witness, the likelihood that the witness can adjust to the program, the cost of maintaining a witness in the program, alternate methods of protection and other factors deemed by the commissioner to be relevant.

Our government has been quite clear that one of our top priorities is to keep our streets and communities safe and to support families, as outlined by the Prime Minister. Our plan involves tackling crime, supporting victims' rights and promoting a fair and efficient justice system.

Today, our government builds on the success of the last seven years and would provide the RCMP with the tools it needs to do its job more effectively.

This and other legislation would ensure that we have a fully accountable national police force that will continue to fulfill its role to protect Canadians here at home and abroad.

For that reason, I urge all members to support this legislation and work toward ensuring it is passed in an expeditious manner.

[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.

[Kellie Leitch, Conservative, Parliamentary 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.

[Linda Duncan, NDP, Edmonton Strathcona, AB]

Mr. Speaker, contrary to the apparent perspective of some in this place, I think it is actually worthwhile to debate these bills. Each one of us learns a lot more by hearing the perspectives of the other side. I am grateful for the opportunity, despite the late hour, to participate in this debate.

At the outset, I would like to say stricter sentencing provisions without effective investigative powers, resources and timely judicial processes are empty. I would bring attention to the failure of the government to take timely action in the appointment of judges, including in my jurisdiction, as raised by the Attorney General of Alberta, and the failure to fill that vacuum by providing sufficient aboriginal police, as first nations are calling for. That certainly would help with the situation of gang action and in helping to bring witnesses forward.

I am rising in support of Bill C-51, an act to amend the Witness Protection Program Act. There are many measures that are worthwhile. It is good that after many years the government is finally moving forward to improve and enhance the program, which, by the way, the Conservatives did not invent. It has been around for quite some time, but to their credit, finally, after seven years, they are coming forward to actually improve it.

We support the fact that it would expand the eligibility criteria in certain circumstances to expand access in the case of witnesses dealing with crimes related to street gangs and certainly for witnesses recommended by CSIS and National Defence. As I understand it and as outlined by the government members, there would be improved efficiency and coordination with provincial and municipal police forces to achieve more effective access to the program by those authorities. I am hoping that is the case, regardless of the fact that there is no additional funding.

These are important changes that the New Democrats have been calling for as improvements for quite some time, particularly to fight street gangs and organized crime. I bring to the attention of the Speaker that the New Democrat member for Trinity—Spadina called for this exact reform some time back, specifically in relation to the mass shootings in Toronto. I know that we and everyone certainly support her efforts to have some increased measures to deal with these kinds of activities and to respond to the increasing concern over terrorism. In that case, people may be even all the more nervous about stepping forward and serving as a witness or providing testimony or evidence to the authorities.

The bill would expand access to more individuals seeking to deal with gangs, although I would have to add that I wanted to put this question to a number of the members here who are participating in the special task force on missing and murdered aboriginal women. I am not convinced that the measures we are debating today are sufficient to address the complex issue in aboriginal communities of witnesses coming forward. That would be something that is probably worth pursuing.

The federal witness protection program has long been criticized for its narrow eligibility criteria, for its poor coordination with provincial programs and for the low numbers of witnesses admitted to the program. Apparently only 30 of the 108 applications that were considered were accepted in 2012. I am not sure that the committee heard all of the detail for why that was, but on the basis of some of the testimony from police authorities, certainly part of it is a lack of access to funding. I am surprised, given the government's enthusiasm for ensuring that these cases come to trial with solid evidence and testimony from witnesses, that it would not also want to address this funding shortage issue.

One of the things that particularly bewilders us is that the Prime Minister commended the report from the Air India commission. One of the strong recommendations from the Air India inquiry, and apparently the only one related to the federal witness protection program, was to appoint a national security witness protection coordinator.

The government has chosen to disregard that recommendation. There do not appear to be really clear arguments for why it would turn down that position.

My understanding of the recommendation is that the coordinator would not provide the actual physical protection. The national security witness protection coordinator's mandate would include such things as ensuring consistency in the handling of sources and resolving disputes between agencies that may arise in negotiation or implementation of a protection agreement. The coordinator would also provide confidential support for protectees, including psychological and legal advice so that they could decide whether they wanted to sign the protection agreement. The coordinator would also provide for independent and confidential arbitration of disputes and act as an advocate for witnesses.

That all seems very clear and obvious, because in many cases the very reason for the existence of this witness protection program is that witnesses are reluctant to come forward. There could be many reasons. They could be terrified. They might be nervous of police authorities. It seems perfectly logical that a non-police body would work with those individuals and would be less intimidating.

The government's decision remains a puzzle to us. It had the opportunity to also include that recommendation. Hopefully in future it will also bring that one forward.

One of the key problems that has been raised by my colleagues in this place is the refusal by the government to admit that the program is inadequately funded. As has been stated many times in the House, only 30 of 108 applications considered were accepted in 2012.

A great number of witnesses came before committee, many of whom spoke to exactly this issue. One was Commissioner Micki Ruth, a member of the policing and justice committee of the Canadian Association of Police Boards. Micki Ruth said:

Like many issues facing government today, funding is one of the biggest and toughest ones to find solutions for. The problems identified back in 2007 with the adequacy of funding for the current witness protection are not addressed in Bill C-51. Unfortunately, we see problems with the ability of municipality police services to adequately access witness protection because they lack the resources. ... CAPB has a duty to its members to ensure that legislation passed by the government does not result in a downloading of additional costs to the municipal police services....

This is the very concern. We have heard member after member defending the position that there is no need for further funding, but in most cases they are citing the RCMP. The problem is that the downloading occurs to the municipal or provincial police authorities.

That concern was also raised by the British Columbia Ministry of Justice through Clayton J.D. Pecknold, who is the assistant deputy minister and director of police services, policing and security programs branch, as well as Dr. Alok Mukherjee, the president of the Canadian Association of Police Boards. Those are citizen boards and commissions representing a broad spectrum of society.

Dr. Alok Mukherjee 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....

Very serious concerns are being raised.

When we go to the very purpose of this legislation and program, which is to encourage witnesses who may otherwise feel intimidated to come forward, we have to scratch our heads and ask why the program would not be fully funded, particularly when we are dealing with incidents of terrorism.

We will remain puzzled. We support the initiatives that the government has brought forward in the bill, but we will continue to pursue, on behalf of those agencies and the public and those who might be compelled and approached to testify, the availability of funding to support them to testify.

As I mentioned at the outset, in the case of aboriginal or isolated communities there may have to be additional measures, because it may be a bit harder to address the fact that individuals will be picked up and relocated or that they may not even speak English or French and would be quite intimidated by being removed from their community.

I look forward to further discussions on this matter within Parliament.

The House resumed consideration of the motion that Bill C-51, An Act to amend the Witness Protection Program Act and to make a consequential amendment to another Act, be read the third time and passed.

[Bev Shipley, Conservative, Lambton—Kent—Middlesex, ON]

Mr. Speaker, again we find an opportunity to move ahead on a number of initiatives that this government has brought forward since 2006 to help strengthen and encourage the protection not only of our police officers but obviously of those victims and how we protect them. This gives me an opportunity to speak to Bill C-51, the safer witnesses act.

As members know, the act was brought forward in 1996 for the nature of crimes we were dealing with then. However, since that time there has been an incredible amount of change in our society.

In fact, as has been mentioned before, in the drug-dealing business, the production of crack cocaine has increased some 30%. Unfortunately, this affects not only large urban areas but small rural communities and towns like mine as well. Also, in 1996 cybercrime was something that many of us did not know anything about, and in 2013, there may still be those who are not aware of the complexities of cybercrime in this country. Organized crime has become much more prevalent than it has been in past history. As well, on terrorism, we think of those situations that have happened, not potentially but those that have actually been stopped in this country. We would never have thought about that a few years ago, but we hear about it every day on the news. In fact, our members in the armed forces deal with it on a regular basis as they help protect our great nation and others against these terrible atrocities.

Methods of policing these crimes have been modernized in an attempt to keep pace, but what we need to do now is put in place a modernized witness protection program to help keep up with some of the events that are happening in our society.

Law enforcement often relies on the co-operation of individuals to give information and those who are willing to come forward and give evidence against these criminal organizations. Informants are often the key component that makes the difference between talking about it and getting out there and actually making the arrest. As a matter of fact, law enforcement depends on key witnesses. However, key witnesses deal with the fear and issues that come with dealing with organized crime, and we need to make sure those people have the opportunity to come forward without fear, at least without the extended fear they would normally have because they had been a part of something they knew was terribly wrong.

We have an opportunity now to move forward and help guarantee witness safety. We have an opportunity to not only help protect witness identities but strengthen that protection, and for a longer period of time.

In the past our witness program was designed to promote law enforcement by facilitating the protection of those directly or indirectly involved in criminal activities, and it had been an effective tool. In fact, it still is, but it is not as effective as it should be to deal with modern-day events.

As members know, Quebec, Ontario, Manitoba, Saskatchewan and Alberta have established their own provincial witness protection programs that work independently of the federal program. However, it is becoming increasingly apparent that we need to strengthen the protection given to witnesses and also to those who protect them across the country, and there have been calls for reform of the witness protection program to keep in line with the government's mandate of tackling crime.

Since 2006 we have taken that initiative to tackle crime, protect the innocent and give justice to the victims. We now need to make sure that we give credence to the witnesses who are helping make sure that happens.

As we developed this bill, we took into consideration the recommendations made in the final report of the 2010 Air India inquiry, the 2008 study of the Standing Committee on Public Safety and National Security of the federal witness protection program, as well as the recommendations from consultations we carried out with not only with federal agencies and departments, but also with agencies of the provinces and law enforcement groups at all levels across this country. We have carefully assessed the feedback from these reports and consultations to bring forward a comprehensive bill, which is the one that we have in front of us.

In Bill C-51, we have identified a number of changes to the act that would improve the protection services for informants and witnesses.

The provincial witness protection programs meet the needs of provincial law enforcement agencies and offers a range of protection that can include accompanying a witness to trial, a temporary relocation or limited financial support to the individual. However, they do not have that authority to obtain secure identity changes. In this age of technology, it is becoming so important that when we give them a change of identity it is secure, protected and there for them in their time of need.

One of the measures we would be putting in place with this bill is the streamlining of the process that would allow provincial programs to be designated under this act. We had a number of questions come up about how we would be able to do this in terms of other agencies and the efficiencies in the bill.

Bill C-51 would make it possible for the Attorney General or other provincial authority to request the Minister of Public Safety to recommend to the Governor in Council that a provincial protection program be designated. This would then allow the RCMP to assist with obtaining the federal documents for secure identity change without the witness having to be admitted into the federal program.

Though there have been recommendations to bypass the RCMP and have the provinces request secure identity documents directly from the various federal organizations involved, we believe it is more prudent to maintain a single point of contact for this process. That is all part of the security and the efficiencies built into Bill C-51 in terms of the protection of witnesses.

The RCMP is the organization best suited to act in this capacity and bring continuity, which would ensure efficiency and enhance security. The Commissioner of the RCMP would coordinate at the request of the provinces and we would look to help those who are admitted to the designated program.

I see that I am running out of time. What it really all comes down to is that the amendments, the federal organizations with mandates related to national security, defence or public safety, such as CSIS and the Department of National Defence, may also refer witnesses to this national program. That means that those issues that I talked about earlier with respect to breadth and some of the issues that had not been brought into the witness program in 1966 are here now.

I look forward to the support and the passing of this important bill.

[Colin Mayes, Conservative, Okanagan—Shuswap, BC]

Mr. Speaker, it is a pleasure to be up here this evening with everyone here. I am standing to support Bill C-51, the safer witnesses act.

This is just another block in the work that has been done by our great and capable Minister of Justice to provide Canadians with justice, law and order with our crime initiative to make our streets and communities safer. Why it is so important is that one of the first callings of government is to provide security and public safety for its citizens. It reminds me of that great quote by Thomas Jefferson. I have mentioned it a few times in the House. It is about what good government is. He says that a government that protects its citizens from harming one another and otherwise leaves them to individual pursuit of enterprise and “does not take from the mouth of labor the bread it has earned.... This is the sum of good government”.

The first issue, of course, is that the government provide law and order and protect its citizens from harming one another. Bill C-51 addresses that part of good government that we are supplying for Canadians.

Bill C-51 would strengthen the witness protection program. The government is demonstrating once again its commitment to building those safe and secure communities for all Canadians.

Before highlighting the main provisions of the bill, let me reflect on how the proposed legislation would be an important tool for fighting serious organized crime.

Since coming into office in 2006, which was the time I was elected, our government has been focused on building safer communities. We have had a larger mandate at every election, because we have been doing that job. Among other actions, we have provided law enforcement officials with the resources to clean up our streets. We have introduced legislation to increase the accountability of offenders, and we have taken steps to modernize the Royal Canadian Mounted Police. Strengthening the witness protection program through this bill before the House is a next step in our efforts to combat crime.

Statistics Canada has reported a 30% growth in the trafficking, production and distribution of cocaine in our country in the last 10 years. Such a staggering increase is not a result of small-time and isolated dealers bringing more drugs into our communities. Rather, it reflects a concerted effort by organized crime that is likely global in scope and increasingly difficult to nail down. Organized crime has become adept at harnessing new information technologies, both to carry out cybercrimes and to avoid detection from traditional activities such as drug trafficking. At the same time, they could also be using new technologies to track down potential witnesses to their crimes.

More than ever, the law enforcement community depends on informants willing to infiltrate criminal gangs and gather evidence against them. Understandably, witnesses are often only willing to testify if they are offered protection from threats. That is why Canada's federal witness protection program is so vital in our effort to fight crime and provide Canadians safe streets.

Indeed, in her comments on Bill C-51, the Minister of Justice and Attorney General of British Columbia said that in the fight against crime, protecting witnesses is essential.

We must also recognize that the federal witness protection plan is based on legislation that is two decades old. The program has held up well over the last 17 years, but the time has come for this act to get into the 21st century. Only in this way can we deliver the kind of protection witnesses need and deserve, the protection that will help us fight serious and organized crime.

For my part today, I would like to focus on how the bill would streamline relations between the federal program and its provincial counterparts and in doing so, heighten safety for both witnesses and those who protect them.

Currently Alberta, Manitoba, Saskatchewan, Ontario and Quebec have their own witness protection programs. Unlike the federal program, which generally is geared to protect witnesses for life through relocation and secure identity changes, provincial programs are typically set up to offer short-term protection.

If the scope of the protection becomes too large for the provincial program, help may be sought from the federal counterpart to obtain a secure identity change. However, this process can be cumbersome and time-consuming, requiring the witness to be temporarily admitted into the federal program.

Imagine the emotional state of a witness in this situation. He or she has co-operated with the authorities to testify against the ringleaders of serious crimes in return for protection before the upcoming trial. Already the witness is experiencing heightened stress that only a few of us could imagine. Now provincial authorities receive new intelligence: the risk for their witnesses are higher than previously believed. A new identity is required, and quickly.

The witness, already stressed, would be thrown into a state of emotional turmoil, first at the news of heightened danger and second at the thought of adopting a new identity and all the upheaval that would bring. Then, having made the difficult decision to join the program, the witness asks if the paperwork is finally complete, and the answer may very well be, “Not yet.”

Witnesses may have their own motivation for co-operating with the authorities, but the bottom line is that their actions may be instrumental in helping law enforcement take criminals off our streets and put them behind bars. Thus, witnesses are an important tool to prevent crime, and the system needs to serve them well.

I am speaking not only of witnesses currently in the system; I am thinking of all the potential witnesses whose testimony could take a bite out of crime in Canada. Before they are willing to co-operate, they need to have the confidence in the management of a witness protection program.

I am pleased to say that Bill C-51 introduces amendments that would help streamline the process to obtain secure identity changes for provincial witnesses. Essentially, it would allow for the designation of a provincial or municipal witness protection program. This designated status means that the witness would no longer have to join the federal program to obtain a secure identity change.

Allow me to highlight several other provisions that would strengthen and streamline the witness protection program for the benefit of the witnesses and those who protect them.

Among other goals, Bill C-51 would do the following: clarify and add provisions on the disclosure of information about protectees, including about how they are protected, and about the persons providing the assistance with that protection; specify under what circumstances disclosure of protected information is nevertheless permitted; expand the category of witnesses who may be admitted to the program to include people who are helping with the investigation of a terrorist act; give protectees in the federal program the right to end their participation voluntarily; and extend the period during which the protection may, in an emergency, be provided to a person who has not been admitted to the witness protection program.

The federal witness protection program is a key weapon in the fight against crime. It gives informants the confidence to put their lives in danger by testifying against organized crime.

For the sake of those witnesses, present and future, and for the safety and security of our communities, I urge all members to join me in supporting the safer witnesses bill.

[Stella Ambler, Conservative, Mississauga South, ON]

Mr. Speaker, if my hon. colleague across the way does not like debating things that we all agree on, then maybe she will vote for the next time allocation motion. That way we can go home at 11 o'clock tonight instead of midnight.

In the meantime, I want to tell her what Chief Bill Blair of the Toronto Police Services had to say about Bill C-51. Toronto is in close proximity to my riding of Mississauga South. He said:

In Toronto, we have seen the fear caused by intimidation and the threat of retaliation in gang investigations. Witnesses with valuable information are deterred from coming forward. We support the government's initiative as a valuable step in protecting public safety.

[Stella Ambler, Conservative, Mississauga South, ON]

Mr. Speaker, it is my pleasure this evening to speak to the safer witnesses act. As members may know by now, it is a product of extensive input from knowledgeable parties across the country. Indeed, I am pleased to note that the proposed legislation has earned plaudits from several provinces and law enforcement agencies. This positive reaction speaks volumes about the thoroughness and timeliness of Bill C-51.

Members may recall that in March 2008, the Standing Committee on Public Safety and National Security produced a review of the witness protection program. The government responded in July of that year. The review was certainly a key reference document for the policymakers who developed Bill C-51.

For my part in today's debate, I would like to identify how the proposed legislation responds to the review's nine recommendations.

The committee heard from many witnesses who stated unequivocally that the federal witness protection program was an essential tool in the fight against serious crime, organized crime and terrorism. Nevertheless, witnesses had some concerns, including four recommendations to promote greater fairness and efficiency in the management of the program.

First, the committee recommended moving the witness protection program out of the RCMP's hands and into an independent office within the Department of Justice. Through its own consultations, this government confirmed that the RCMP should continue to manage the witness protection program. For one, the justice department simply does not have the expertise to protect witnesses or deliver the programs; it is not what it does. Moreover, simply the physical moving of the administration of the program to justice could create potential security risks.

This government is embracing the intent of this recommendation, which is to ensure objectivity of witness protection matters. The RCMP is developing a reporting structure that separates its investigative and protective functions.

Second, to ensure a good fit between participants and the program, the committee recommended automatic psychological assessments of candidates over the age of 18, including family members. The government concurs that not everyone is a good candidate for the witness protection program. The RCMP now has psychologists who assess candidates and offer counselling to both candidates and protectees. I would stress the word “offer” because the decision to accept counselling belongs to candidates and protectees and is not imposed upon them.

The third recommendation is of a similar nature. The committee proposed to automatically offer legal counsel for candidates during negotiations for entry into the witness protection program. The RCMP continues to offer legal counsel to both candidates and protectees. Again, however, legal counsel is offered rather than imposed.

In its fourth recommendation, to improve fairness and efficiency in the witness protection program, the committee called upon the Commission for Public Complaints Against the RCMP, or CPC, to handle complaints from candidates and protectees as required. The government agrees with the intent of this recommendation and, as all hon. members know, we are currently working to pass Bill C-42, the enhancing Royal Canadian Mounted Police accountability act.

Under that legislation, the CPC would be replaced by a new civilian review and complaints commission. Amendments to the RCMP Act under Bill C-42, would give this new civilian oversight body limited and secure access to information about protectees.

The committee's fifth and sixth recommendations fall under the theme of facilitating access to the witness protection program. The committee called for federal, provincial and territorial ministers for justice and public safety to develop a funding agreement for participation in the witness protection program. It is believed that this recommendation was predicated on a national witness protection program with minimum national standards. Following consultations again, the government did not accept this recommendation. There is no funding in the fiscal framework to support such an agreement.

The sixth recommendation also touches on relationships between and among jurisdictions. It is recommended that the body responsible for the witness protection program enter into agreements with provincial and territorial governments. The goal would be to accelerate the processing of witness protection files.

The government recognizes that in some instances, it can take too long to process secure identity changes for provincial witnesses. That is why it has introduced amendments through Bill C-51 to improve the process, and as such, those proposed agreements are no longer necessary.

The committee's seventh recommendation revolved around establishing minimum standards for the witness protection program. The government considered this idea, but as I indicated earlier, the provinces objected, because the administration of justice falls within their jurisdiction, and national standards were reviewed as an encroachment. Consequently, the government did not accept this recommendation.

The final two recommendations related to promoting transparency within the witness protection program. The committee suggested that independent research into witness protection be permitted and encouraged. I am pleased to say that Public Safety Canada has already undertaken some comparative research. RCMP psychologists may also pursue limited secure research.

While the government agrees on the value of research, it sounds a note of warning. Researchers and risk management experts must take the necessary precautions to maintain the privacy and security of protectees and the program. They must not let their quest for knowledge trump concerns about the release of information.

Finally, the committee recommended more and better information in the annual report of the witness protection program. Since the release of the committee's review, the annual report has, in fact, been enhanced to account more thoroughly for expenses. The Minister of Public Safety reserves the right to request more information at any time, of course.

In summary, the government appreciates the hard work of the standing committee in preparing its review of the witness protection program.

The government consulted stakeholders about nine recommendations and gave them serious consideration in the preparation of Bill C-51. Indeed, most recommendations have found direct or indirect expression in the bill in changes to the RCMP Act or administratively within the federal program.

Through its own extensive consultations, the government believes that it has developed a solid and coherent approach to improving the witness protection program. Given the positive response so far from key stakeholders, I am convinced that Bill C-51 and administrative changes would continue to achieve the intent of the committee's recommendations in the areas of fairness and efficiency, greater access and transparency.

I thus invite all hon. members to join me in supporting Bill C-51, the safer witnesses act.

[James Bezan, Conservative, Selkirk—Interlake, MB]

Mr. Speaker, the committee heard from a number of different witnesses, including the RCMP. The assistant commissioner from the RCMP in charge of federal and international operations said, “As a result of the designation regime” and the way the program is going to work “the RCMP will deal directly with the designated official for the provincial witness protection program”. He said, “This will promote efficiencies in services provided to the provinces and will further enhance the security of both the federal and the provincial program”.

Because of the gains and the efficiencies that are inherent in Bill C-51, there will be a savings that will be able to fund all the concerns that have been raised by the different provincial partners.

[Anne-Marie Day, NDP, Charlesbourg—Haute-Saint-Charles, QC]

Mr. Speaker, on April 5, the Barreau du Québec sent a letter to the Minister of Justice. The letter is easy to find, since it has been made public.

The letter contained recommendations, including an amendment to Bill C-51 in relation to the Canadian Charter of Rights and Freedoms. I will list a few of them.

These questions have to do with the terms for lifting the protection granted to witnesses, the circumstances that allow an individual to maintain that he or someone else has always had the same identity, and the disclosure and communication of confidential information in relation to the witness with the right of the accused to make a full answer in defence, in accordance with the Canadian Charter of Rights and Freedoms.

Were the Barreau du Québec's recommendations to the Minister of Justice taken into consideration?

[James Bezan, Conservative, Selkirk—Interlake, MB]

Mr. Speaker, I am pleased to rise today to discuss Bill C-51, the safer witnesses act. Witness protection is one of the most important tools law enforcement has at its disposal to combat criminal activity. An effective witness protection program is particularly valuable in the fight against organized crime and terrorism.

Witness protection has been informally available in Canada since the 1970s to protect persons who are deemed to be at risk because they provided assistance to law enforcement or because they provided testimony in criminal matters. The testimony or co-operation of these individuals can be vital to the success of law enforcement operations. In 1996, the Witness Protection Program Act officially established the federal witness protection program in an effort to ensure consistency in protection practices across Canada and, at the same time, to establish greater accountability. While the witness protection program is serving the criminal justice system well, it has not been changed significantly since 1996.

In the last 17 years, crime, and specifically organized crime, has evolved substantially and is now more global than ever in nature. The safer witnesses act, which we are discussing today, would help to further strengthen the federal witness protection program and help to ensure it is appropriate to meet the ever-evolving nature of crime. Administrated by the RCMP, this program provides a gamut of protective measures. These can range from temporary protective services to relocation with a name change.

The RCMP is required by statute to use a number of criteria to assess if an individual should be placed in the program. For example, this includes examining the risk to the witness and taking into consideration the danger to the community if the person were to be admitted into the program. It includes looking into the nature of the inquiry and the importance of the witness in the matter. The criteria also include taking into consideration the value of the information and evidence to be given by the witness and the likelihood the witness can adjust to the program.

In addition, factors such as the cost of maintaining the witness in the program and alternate methods of protection available and other factors deemed to be relevant are all taken into account. Currently, there are approximately 800 protectees in the federal witness protection program, and new persons are admitted into the program every year. Admission numbers fluctuate yearly due to changes such as the number of cases being investigated or the size of the witnesses' families.

Of note, there were more than 100 cases referred for admission into the federal witness protection program in 2011-2012 alone. Of those cases, 30 individuals were accepted into the program, with 23 of these individuals being granted a secure identity change. The difference between the number of referrals and the number accepted in the program is stems from various reasons. Some candidates may decide they are not interested in the program, while others may not meet all the criteria outlined, but rest assured that the individuals requiring protection will receive it.

Provincial governments are responsible for the administration of justice. The Provinces of Quebec, Ontario, Manitoba, Saskatchewan and Alberta have established their own witness protection programs, which differ from the federal program. These provincial programs provide a range of valuable services in support of those at risk. The interaction between provincial programs and the federal program, however, has not always been as efficient as it could be. For example, a protectee in a provincial program must now be admitted temporarily to the federal witness protection program in order to obtain the federal documents for a secure identity change. This can sometimes lead to delays in the process of securely obtaining new identities.

Bill C-51 aims to remedy this situation. It proposes to establish a process whereby provincial programs can become designated witness protection programs. The Governor in Council, on the recommendation of the Minister of Public Safety, would have the authority to make this designation at the request of the provincial authority. It would then no longer be necessary for witnesses to be temporarily admitted to the federal program to obtain federal identity documents for secure identity change.

Moreover, the provincial designation regime proposed in Bill C-51 would further streamline the process for obtaining federal identity documents. This would be achieved through a process whereby the provincial official representing a designated provincial witness protection program would then be the single point of contact for that program. The official can request federal identity documents from the RCMP, which would be the single federal point of contact. A provincial official acting on behalf of all law enforcement agencies within the designated program would limit the number of persons involved in the request to the RCMP, thus streamlining the process. Fewer individuals involved in the process would also ensure that it is more secure.

Another way that Bill C-51 would strengthen the security of witness protection regimes in Canada would be through changes to the current prohibitions against the disclosure of information.

The disclosure of information about the location and change of identity of protectees in the federal witness protection program is prohibited by the Witness Protection Program Act. Bill C-51 proposes to expand on this and prohibits the disclosure of information of individuals who provide or assist in providing protection for witnesses, as well as how the program operates. These prohibitions will also extend to designated provincial programs. This means that the disclosure of information regarding witnesses, the people who provide protection and information about the designated provincial programs themselves will be prohibited.

Bill C-51 also specifies 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. Disclosing information directly could include situations such as telling someone that a protected person's name is whatever. Disclosing information indirectly could include leaving information about the protected person unguarded.

C-51 also seeks to expand the categories of witnesses who may be referred for admission into the federal witness protection program to include persons who assist federal departments, agencies or services that have national security, national defence or public safety mandates and who may require protection as a result.

As chair of the Standing Committee on National Defence, our committee often hears about acts of terrorism, acts of war by a government on its own people, people who witness genocide, acts of war and terrorism. These people often require protection. They could be somebody who is employed by the Department of National Defence or they could be members of the Canadian Armed Forces. They could be fearful for their lives because so many foreign states and the leaders of those states have the ability to implement assassinations. Therefore, these individuals would be intimidated from ever testifying in a court in Canada or in an international court such as the Hague, where it tries so many war crimes.

Expanding the category of witnesses who are eligible also addresses one of this government's commitments under the 2010 Air India inquiry action plan. In terms of funding, the federal witness protection program is currently funded from the RCMP's existing operational resources. That would continue under Bill C-51. Because the system is more efficient, it would not require any extra resources.

In conclusion, Bill C-51 addresses a number of operational issues based on experiences gained in administrating the current program over the past 15 years. It would modernize the Witness Protection Program Act, improve interactions between the federal and provincial witness protection programs and ensure better protection of information.

Bill C-51 responds to many of the needs of provincial and territorial governments and to the needs of law enforcement officials and other stakeholders involved in the criminal justice system.

By building on our efforts to combat organized crime and terrorist activities, Bill C-51 would help us continue to fulfill our commitment to build safer streets and communities for all Canadians.

[Pierre Jacob, NDP, Brome—Missisquoi, QC]

Mr. Speaker, I rise in the House today to speak about Bill C-51, something that I am genuinely concerned about.

This bill contains measures that have long been called for by the NDP. It proposes a better process to support provincial witness protection programs. It applies the program to other agencies with responsibilities for national security. The bill will broaden the eligibility criteria for the protection program to include repentant members of street gangs who are willing to testify against others in their gang.

Federal departments and agencies that have a national security and public safety mandate may also suggest witnesses for the program. The bill will extend the emergency protection period and will eliminate a number of technical problems relating to the coordination of provincial programs. It is a necessary bill, and one that addresses flaws that were identified a long time ago.

The NDP has been demanding the expansion of witness eligibility for protection programs for nearly two decades now.

In 1996, this House passed the Witness Protection Program Act. In 1999, the NDP voted for Bill C-223 to broaden witness protection in cases of domestic violence. This bill was overturned by the then Liberal majority.

Since then, the fundamental issues of eligibility, coordination and funding have never been dealt with by Canada’s successive governments.

Since 2007, members of the NDP have been calling for changes to be made to the witness protection program. It has taken the Conservatives six years to finally respond to our requests.

The issue is real, however. Close relatives and the various stakeholders have said for a long time now that the program must be expanded. In May 2010, the RCMP submitted a report to the Minister of Public Safety in which it asked that the witness protection program be strengthened.

As we know, in order to fight back against investigations into their activities, street gangs have no qualms about intimidating the families of witnesses. They want to stop witnesses from speaking out against them. Street gangs are very violent and quick to use intimidation to avoid going to jail.

Members of street gangs are afraid of speaking out against their accomplices, because they know they will not be protected. However, in cases involving street gangs, the best witnesses are gang members themselves. Members of street gangs who want to get out of crime and are willing to testify against their associates must be allowed into the witness protection program.

My colleagues have pointed this out on a number of occasions this year. I repeat it again this evening. In 2012, only 30 of the 108 applications for protection were accepted. The program served only 30% of those who were asking for help.

Bill C-51 will solve this particular issue, because it raises the level of protection for witnesses and informants who assist our police officers, in addition to expanding the use of these information sources. We will be able to fight directly against street gangs, which are becoming ever more common in Canada’s suburbs.

That is not all. If the Conservatives really want to improve the witness protection program, they must also commit the money for it to happen. It is fine to talk about protecting victims in order to appeal to voters, but the government needs to walk the walk.

I would like to remind the House that it costs $300,000 to protect each witness. If the definition of “witness” is expanded, as Bill C-51 aims to do, we will be sticking taxpayers with a bigger bill.

We support the bill, but we condemn the fact that the Conservative government has refused to commit additional funding.

Once again, it will be up to the municipalities and police forces to absorb the higher costs. They already have tight budgets. The commissioner of the Canadian Association of Police Boards said this on March 7:

...sometimes the cost of protecting witnesses hinders the investigations, especially for small law enforcement agencies that have a tight budget.

She also said this:

[The government must] ensure that legislation passed...does not result in a downloading of additional costs to the municipal police services that we represent.

The government cut nearly $190 million from the RCMP and more than $140 million from the Canada Border Services Agency. Investigations into drugs and crime in areas of federal jurisdiction are handled by the RCMP. However, the RCMP bills local police forces for the cost of protecting witnesses even though the local forces often cannot afford it.

Recently, the Conservatives announced that they would no longer fund recruiting programs for local police forces. A $400 million envelope was earmarked for the police officers recruitment fund, but the Conservatives decided not to renew it for 2013. That is appalling. These cuts will impact how effective Bill C-51 can be.

I commend the intention behind this bill. However, I hope that the federal government will allocate a significant budget to this bill and not make the municipalities and provinces cover the cost. The government is certainly not short on money: it gives $1.2 billion a year to the oil sands industry and forked out $70 million to celebrate the war of 1812. I want to remind the government that it has a responsibility to ensure that its laws do not increase the burden on the provinces.

In closing, although I am not happy about the lack of funding, I think that strengthening the witness protection program will improve public safety. After so many years, we are pleased that the government is finally making the changes that we have been calling for.

I therefore support Bill C-51 at third reading so that it can be passed. I support it on behalf of all the people, agencies and associations that want this bill passed. I am supporting this bill so that those who want to blow the whistle and testify can do so without fearing for their safety and that of their families. Bill C-51 will allow them to be better protected. I also hope that the government will increase the budget so that the municipalities will not have to foot the bill.

The NDP is once again building safer communities by giving the police more tools to help them fight street gangs and organized crime.

[Annick Papillon, NDP, Québec, QC]

Mr. Speaker, I have a question for the hon. member.

Bill C-51 does not contain any provisions that would allow an independent organization to administer the program in accordance with the recommendations made in the Air India investigation report.

As a result, the RCMP will continue to be responsible for the program, which could put it in a conflict of interest, because it will be both the investigating body and the one to decide who benefits from protection.

Does my hon. colleague have anything to add in that regard? Does he intend to take that recommendation into account?

[Ted Opitz, Conservative, Etobicoke Centre, ON]

Mr. Speaker, I am pleased to talk on Bill C-51, the safer witnesses act.

I thank all of my colleagues across the House for their interventions, and of course I thank the NDP members for supporting this bill. I think some of their arguments are flawed, but they are supporting it, and that is tremendous.

I would like to share with members why I support Bill C-51 and why my constituents and community organizations in Etobicoke Centre support it. I will also share why I think it represents an important step forward in making the protection of witnesses an effective and relevant program for our country today and for law enforcement in the future.

I have two police divisions in my riding, 22 division and 23 division of the metro Toronto Police Service. I discussed Bill C-51 with Staff Sergeant Doug MacDonald of 22 division today, and he told me something rather interesting. He said that the public are the eyes and ears of the police.

The TV shows on police forensic investigators, and other shows of that type, are often misleading and give the public the wrong perception of how forensic evidence can be linked to a perpetrator. In the course of an hour, the show will depict a major forensic investigation being done, or the police all on their own linking a perpetrator to a particular crime, but that is not always the way it works.

A lot of the forensic evidence is most certainly there, but often the police are not able to take that one further step to definitively link the evidence to the perpetrator, because we are a country of rule of law. Before a person can be charged for a crime, the police have to be absolutely sure they have the right person. Often they may know it in their heart of hearts, but without the public stepping forward, without witnesses coming forward, they have a very difficult time in achieving that. Therefore, this act would be hugely important in solving those cases by giving the confidence to the public and witnesses to step forward and provide the testimony to put serious criminals away and safeguard our streets and communities.

I have to give a shout out to the metro Toronto Police Service. They are outstanding under Chief William Blair. Also, I think this House would like to note that the Toronto Police Service sends 10 officers abroad every year to serve as mentors and police liaisons in very dangerous places around the world, such as Afghanistan, to help bring the rule of law to those people in those lands. I thank the metro Toronto Police Service for doing that.

Our government is committed to ensuring the safety and security of constituents in Etobicoke Centre, but unfortunately violence does occur. In 2011, Toronto had 86 homicide victims. On July 5, 2012, Abdulle Elmi was killed in a hail of gunfire in a quiet street in my riding, and it was believed he was a member of the gang Sic Thugs. Community organizations, not wanting to see any more bloodshed, advocated for strengthened witness protection programs. Our government listened and we have acted.

As we have heard in the interventions during the debate, this bill would make important amendments to the Witness Protection Program Act, which has been in place since 1996. Since then, Canada's witness protection program has served our police services well and has forged many new identities for those who have risked much to see justice through to the end.

However, as time passed, the witness protection program has proven to be in need of fine-tuning. It is a program that serves us well, but it could work better, and my constituents agree with that. It is a program that needs to adapt to our changing environment to better protect those who come forward and those who protect them, and this bill would do just that.

This proposed legislation acts on a number of recommendations that have come forward based on some key and tragic events in our history. Sources include, for example, the 2008 study by the Standing Committee on Public Safety and National Security, the 2010 Commission of Inquiry into the Investigation of the Bombing of Air India Flight 182 and stakeholder consultations with federal departments and agencies, the provinces and law enforcement agencies.

I would like to focus my time here today on how this proposed legislation would address the concerns that we have heard from federal and provincial stakeholders as well as my own constituents, community organizations and other stakeholders in Etobicoke Centre whom I have spoken to on this important matter, such as Staff Sergeant Doug MacDonald, who, of course, was an operator in all of this.

Bill C-51 would make the witness protection program more balanced and secure by allowing for a more seamless co-operation among law enforcement services and going beyond jurisdictions.

The federal program differs somewhat compared with the programs currently administered in Alberta, Saskatchewan, Manitoba, Ontario and Quebec. If there is a need for a witness to be referred to the federal program, that decision rests with the particular law enforcement agency dealing with a specific case. That means provinces have jurisdiction over their cases and can select and use their own good judgment in being able to bring these cases to the RCMP, if required.

What is consistent among all programs is they are adaptable, allowing decisions to made, as I said, case by case, factoring all the key information, such as the costs involved, the resources available, the level of threat to the witness, and the time needed to appropriately afford protection and safety to those individuals in need. In, for example, complex federal cases, provinces can decide whether to refer witnesses to federal authorities for admission in the federal witness protection program. One area that has consistently been raised by provincial stakeholders is the need to streamline the current process for obtaining secure identity changes for protectees in provincial programs.

Let me share an example of that, and how the bill would improve how jurisdictions could work together across this country.

When it comes to secure identity changes and federal documents required, we have heard from provinces that the RCMP currently assists only those protectees under federal jurisdiction.

The way this is currently set up means that the provinces must temporarily admit their protectee into the federal witness protection program in order for the RCMP to assist in the process. By doing this, and provincial stakeholders have been very clear on this point, the process can slow down and create time-consuming paperwork and delays that in fact could put lives at risk. What that can also lead to is then a lack of co-operation by witnesses, because it may cause a lack of confidence in the system. People would be afraid and not step forward; crimes would go unsolved. That is an outcome that we do not want.

We can all imagine that when it comes to something as significant as a secure identity change, further delay could cause undue stress and hardship, as I said, for those in need of protection, not to mention those brave individuals on our police forces who are trying very hard to safeguard our communities.

Now, the changes of Bill C-51 would improve federal and provincial collaboration. That is something that has come up time and again this evening. Designated provinces would no longer need to have their witnesses entered into the federal program and would retain decisions on who to protect and how. Bill C-51 would help improve the way jurisdictions work together, with a new framework that would allow for provincial witness protection programs to be officially designated.

This new framework would allow the provincial authority to make a request to the federal Minister of Public Safety. An official designation would then allow the province to ask that the RCMP assist it in obtaining the necessary federal documents required for a secure identity change for a provincial witness. This would eliminate the need to first admit the witness into the federal program.

Furthermore, an official designation would only need to take place that one time. It would streamline the whole process. It would be quicker, it would be safer, it would be faster and we would get convictions.

We have also heard statements by the provinces asking that the RCMP be removed from the process so that the provinces could request secure identity documents directly from federal departments. However, let us remember that these are not always simple cases and witness protection is not a typical program. These cases affect an individual's very identity and his or her personal security. I believe that the RCMP needs to play a central role in this, and a key role in this, and act as a single point of contact in order to protect the operational security of this program.

As they say, too many fingers in the pie and we could ruin that pie.

By doing so, our federal police service would add a level of security that would allow for the efficiency and consistency in cases that can be, and often are, very complex.

Balancing the safety of protectees with the needs of those administering the program is a key feature of Bill C-51. That is why I am here today, to show my support for these important changes.

It also proposes changes to prohibitions on disclosure. Bill C-51 proposes changes for designated programs, such that the prohibitions of disclosure would be extended to provincial witness protection information; the means and methods of provincial witness protection programs; as well as information about those who provide protection. This prohibition would apply across Canada.

I would like to urge all our hon. members to support Bill C-51. This is an act that is in need of change right now because, as all countries do, we have evolved as a nation. We have evolved to the point, especially in our law enforcement, where these changes are required. I think all members of the House have already stated they do support this bill at the end of the day. For those on the opposition benches who may still be troubled by it, I encourage them to support the bill because it would help the people most in need and it would help our law agencies to do their best job.