Safer Witnesses Act

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

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

Sponsor

Vic Toews  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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

Elsewhere

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

Votes

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

Safer Witnesses ActGovernment Orders

May 23rd, 2013 / 4:10 p.m.


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NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, at the outset, I would like to state my objection to the suggestion by the member that anyone on this side was laughing about the program. I do not know where the idea came from. Nothing could be further from the truth. Since 2007, the New Democrats have been calling for the government to take action on the Air India justice's recommendations.

Yes, it should be expeditious. We have been waiting six years. The government has finally brought it forward. Our members have co-operated fully, made good suggestions and been supportive all along.

As I understand it, one of the issues with costing is that on some occasions, and maybe more occasions now that the ambit has been extended to gangs, the costs for the witness protection program can be downloaded to local enforcement agencies. It is fine for the RCMP to say that it does not need any more funding and does not expect more referrals, which seems a little odd, given the fact that the whole point of expanding the program is so that there can be more referrals. Even if the RCMP does not anticipate that, I have worked in enforcement agencies myself and know that it is something one cannot anticipate. I wonder if the member could speak to that. Could she also speak to the fact that the Air India justice also recommended an independent agency to review this because of issues that arose, including at Air India, and why the government is so adamant that it does not want an independent agency?

Safer Witnesses ActGovernment Orders

May 23rd, 2013 / 4:10 p.m.


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Conservative

Candice Bergen Conservative Portage—Lisgar, MB

Mr. Speaker, to address my hon. colleague's first question, I was just beginning my speech, and in fact, there was a lot of laughter from the other side. I was disappointed, because the opposition has been very good working with us to get this through committee, and I was looking forward to it moving quickly at this time.

I will address a couple of her questions. First of all, just to clear something up for my hon. colleague, this legislation does not expand the program to include gang members. The witness protection program has always included gang members. I have heard that before, and there seems to be some misconception. The legislation would expand the program to enable referrals from national security, national defence and public safety. Certainly, gang members have always been a part of the witness protection program.

Again, with regard to cost, we heard testimony from the RCMP and others. By the way, this is a federal program, so when we were talking about cost, and there were concerns about it, we wanted answers from the organization that administers the program. They were clear time and time again. I know that my hon. colleague was not able to be at the committee hearings, and I respect that, but her other colleagues were. It was very clear that cost is not an issue.

There is a whole set of criteria set out when individuals are going to be accepted into the program, and cost is only one of them. No one has ever been refused because of cost.

Safer Witnesses ActGovernment Orders

May 23rd, 2013 / 4:10 p.m.


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Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I think most people recognize the value of the witness protection program.

We are talking about the federal component. Is there a concern on the government's side regarding other jurisdictions that provide witness protection programs and the general direction they are going? Is the government relatively comfortable that they are well enough resourced? Are their numbers going down? Could the member give us some insight on that aspect?

Safer Witnesses ActGovernment Orders

May 23rd, 2013 / 4:15 p.m.


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Conservative

Candice Bergen Conservative Portage—Lisgar, MB

Mr. Speaker, we certainly are working together and consulting with the provinces regarding their provincial programs, which is why one of the most important pieces of this legislation is allowing provincial programs to be designated so that they do not have to go through the cumbersome process, which is sometimes a very long process.

Right now, when provinces are trying to get secure identities for those involved in their provincial programs, it can take a very long time, which is obviously a safety concern. We are now allowing them to be easily designated. Upon that designation, the RCMP will then work directly. That is one aspect of the work we are doing with the provinces and why we brought this legislation forward.

We are doing a study on the economics of policing. Provincial witness protection programs work directly with the RCMP. The cost of all policing is escalating, but we are looking, even provincially, at some great examples of how things are being done more effectively.

I think the witness protection program, being a separate entity, appears to be working well. These changes would help both the provinces, and of course, the federal program. The RCMP works very closely with the provinces, and we will continue to work closely with the provinces on their programs and ours.

Safer Witnesses ActGovernment Orders

May 23rd, 2013 / 4:15 p.m.


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NDP

Jean Rousseau NDP Compton—Stanstead, QC

Mr. Speaker, I would just like to point out to my colleague from Portage—Lisgar that I did not mean to laugh at the bill. In fact, these are very serious bills dealing with protection, privacy and, most importantly, public safety. I would never dream of laughing at that.

However, I am laughing because we are being accused of obstructing and delaying the work of Parliament. I cannot help but laugh since this is coming from a government that has imposed over 30 gag orders to shut down debate on bills. That is not very serious and that is why I laughed.

We were talking about funding for the program. Over the past few years, about 20 or 30 witnesses have been admitted to the program, whereas about 100 witnesses were on the list. Now, the criteria are being expanded, which is perfect. We really hope to see some changes to that.

That being said, if the criteria are expanded, more witnesses will need protection through the program, which will require funding. However, the RCMP and other police forces are facing cuts.

How are we going to pay for this? Will the provinces be responsible for part of the funding?

Safer Witnesses ActGovernment Orders

May 23rd, 2013 / 4:15 p.m.


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Conservative

Candice Bergen Conservative Portage—Lisgar, MB

Mr. Speaker, I thank the hon. member for acknowledging that he was indeed laughing. When we were talking about something this serious, laughter is not what is needed. Real work and real focus is what is required.

I am very proud of the fact that our government has increased funding to police officers. We have the police officer recruitment fund. We invested $400 million across the country. As well, we are just seeing Bill C-42 passed, getting through the Senate, no thanks to the opposition that voted against it, which will help provide, among other important things, more funding to the RCMP.

In terms of the witness protection program, it is funny how the NDP do not like the answer. When the NDP members asked witnesses directly if they needed more money, the witnesses said no, but they do not want to believe it. They would rather take taxpayer dollars and spend them frivolously instead of spending them where they are required.

If we are told by the RCMP and by the witness protection program organization that they do not need funding, I for one believe them. It is really disappointing that the member, who was at those committee meetings, is saying that those witnesses were not telling the truth.

I believed those witnesses when they told us that this is good legislation. In fact, I will read what Tom Stamatakis, president of Canadian Police Association had to say. He said:

Mr. Chair, members of the committee, [this]...legislation...will help better coordinate...[it will] promote at least some efficiencies in a system that is badly in need of reform....the Canadian Police Association supports the adoption of the bill.

We heard from the RCMP that it will not be an additional cost.

Let us get this passed. Those members said they supported it. They introduced no amendments. They support the spirit. They support the legislation. Let us quit playing games and get this passed.

Safer Witnesses ActGovernment Orders

May 23rd, 2013 / 4:20 p.m.


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The Acting Speaker Bruce Stanton

We have time for a short question and a short answer.

The hon. member for Saint-Lambert.

Safer Witnesses ActGovernment Orders

May 23rd, 2013 / 4:20 p.m.


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NDP

Sadia Groguhé NDP Saint-Lambert, QC

Mr. Speaker, strengthening the witness protection program will improve co-operation between local police forces and the RCMP. In terms of the fight against street gang violence, strengthening the program will make communities safer.

However, according to the RCMP website, there are instances when the costs of witness protection may impede investigations, particularly for smaller law enforcement agencies.

How do the Conservatives plan to increase the funding for enforcement, while also taking into account the insecurity caused by street gangs?

Safer Witnesses ActGovernment Orders

May 23rd, 2013 / 4:20 p.m.


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Conservative

Candice Bergen Conservative Portage—Lisgar, MB

Mr. Speaker, I will read what Todd G. Shean, assistant commissioner, Federal and International Operations, Royal Canadian Mounted Police had to say. He said:

Mr. Minister, Mr. Chair, as the minister has stated, 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.

He also went on to say that those who needed protection, received the protection if the program was the appropriate one for them to receive that protection in.

Again, there is seven criteria. Finances is really the lowest part of the criteria. There is a number of other things.

We will continue to work with the RCMP to give it legislation like this one and others and we hope the opposition will support it.

Safer Witnesses ActGovernment Orders

May 23rd, 2013 / 4:20 p.m.


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The Acting Speaker Bruce Stanton

It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Saanich—Gulf Islands, The Environment; the hon. member for Rivière-des-Mille-Îles, Agriculture; the hon. member for Beauharnois—Salaberry, The Environment.

Safer Witnesses ActGovernment Orders

May 23rd, 2013 / 4:20 p.m.


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NDP

Mathieu Ravignat NDP Pontiac, QC

Mr. Speaker, I would like to seek the unanimous consent of the House to split my time.

Safer Witnesses ActGovernment Orders

May 23rd, 2013 / 4:20 p.m.


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The Acting Speaker Bruce Stanton

Does the hon. member for Pontiac have the unanimous consent of the House?

Safer Witnesses ActGovernment Orders

May 23rd, 2013 / 4:20 p.m.


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Some hon. members

Agreed.

Safer Witnesses ActGovernment Orders

May 23rd, 2013 / 4:20 p.m.


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The Acting Speaker Bruce Stanton

The hon. member for Pontiac will be splitting his time.

Safer Witnesses ActGovernment Orders

May 23rd, 2013 / 4:20 p.m.


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NDP

Mathieu Ravignat NDP Pontiac, QC

Mr. Speaker, I will be splitting my time with the hon. member for Compton—Stanstead, who works very hard to serve his constituents.

I am pleased to rise in the House today to speak to Bill C-51 at third reading. This bill contains measures that have been long called for by the NDP. Among other things, it will: expand the eligibility criteria for informants and witnesses; extend the duration of emergency protection; and speed up the process for obtaining new pieces of identification. Those are all good things.

The Witness Protection Program Act, passed in 1996, sorely needed to be strengthened. In fact, we have been insistently calling for better coordination of federal and provincial programs and improved overall program funding since 2007.

Even though we support the bill because we believe that it will further improve the program, we still deplore the fact that the Conservative government refused to provide additional funding for the program, knowing that the announced changes may well increase the number of beneficiaries, which will certainly increase the financial burden on municipalities and police services, because of the downloading of costs.

At the committee hearings, some witnesses expressed their fears in this regard. On March 7, 2013, a commissioner with the Canadian Association of Police Boards said:

...we see problems with the ability of municipality police services to adequately access witness protection because they lack the resources... I want to emphasize that, while we support the intent of Bill C-51, 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 that we represent.

It is important to provide the resources needed to implement our changes. When a new piece of legislation has an impact on criminal justice, we must always look at the costs and budgetary implications. Our police officers look after the well-being of Canadians every day by protecting them without their even realizing it. It is our duty to give them the tools they need to do their jobs. I need to say this.

To combat organized crime, it is obviously necessary to update and modernize our laws. That is what Bill C-51 does. Doing undercover work in the underworld is complicated, time-consuming and dangerous. The police need informers and informants if they are to infiltrate criminal organizations.

Bill C-51 improves protection for witnesses and informants who help the police, and it also improves the ability to make use of these sources of information. This is important. We want those who combat street gangs to know that giving gang members who want to leave the gang access to the program will be an important additional tool to help them eliminate the problem.

Organized crime is growing with alarming speed in Canada, particularly in Quebec, where my riding is located.

Through this support, the NDP is committed to building safer communities. One way of doing this is to improve the witness protection program to ensure that our constituents can live in safe neighbourhoods and cities and to provide the various police forces with additional tools to combat street gangs and organized crime. It might also provide added protection for our police officers.

Needless to say, the more information is available to the police, the better they will be able to do their jobs and the better they will be protected.

The federal witness protection program has long been criticized because of its strict eligibility criteria, its poor coordination with federal programs and the small number of witnesses admitted to the program. Furthermore, only 30 of the 108 applications examined were approved in 2012.

Since the Witness Protection Program Act was passed in 1996, the Liberal and Conservative governments have done very little to respond to criticism of the system, even though a number of bills have been introduced in the House of Commons to deal with some parts of the protection program, including the protection of witnesses in cases of family violence, which was supported by the NDP, but rejected by the Liberal government of the day. The basic issues of eligibility, coordination and funding have never been addressed.

That is why this bill is essentially positive. We hope that the Conservatives will offer the support that local police organizations need to ensure that witnesses will come forward in matters such as street gangs. The safety and welfare of the whole population is at stake. The more informants feel that they are protected, the more likely they will be to come forward and work with the police. We will give these people a real chance to change their lives and contribute to the well-being of their families and the community by attempting, through the information they provide, to rein in and perhaps even eliminate street gangs.

The government is responsible for giving people the tools they need to achieve their full potential. However, we need to be able to act upon our convictions. I want to reiterate that additional funds would have enabled municipal police forces to do more. I nevertheless maintain that the witness protection program is often an essential tool for encouraging people to work with the police.

We recognize that the bill is proposing significant improvements and a better process for supporting provincial witness protection programs. The bill would broaden the scope of the program to include national security agencies. That is another good thing.

Our view is that strengthening the witness protection program will improve public safety and help the various police forces to combat violence. It is therefore because of my desire for change that I endorse Bill C-51 and give my full support to all the police officers in my riding who help to make the towns and cities in Pontiac safer.