Safer Witnesses Act

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

This bill is from the 41st Parliament, 1st session, which ended in September 2013.

Sponsor

Vic Toews  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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

Elsewhere

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

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

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

Votes

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

Safer Witnesses ActGovernment Orders

May 23rd, 2013 / 5:10 p.m.

NDP

Paulina Ayala NDP Honoré-Mercier, QC

Mr. Speaker, I listened with interest to my colleague’s speech.

One point struck me as very sensitive. It is all very well to draft all kinds of magnificent bills for society, but without the means to apply them, they never amount to anything. That worries me and my colleagues, because in the end, the municipal police end up footing the bill. This restricts the amount of field work they can do.

I would like the member to go into expand on this and talk more about the fact that a bill can be drafted and passed, but in the end remain ineffective unless the means are available to apply it.

There is also the fact that the federal government enacts laws that the provinces or municipalities must pay for. They already have to pay for too many things, and cuts are being made to social programs. It seems to me that this is a contradiction. We want to protect people, and that is fine because we want justice, but the resources needed to take action must be provided too.

I would like the member to talk more about this.

Safer Witnesses ActGovernment Orders

May 23rd, 2013 / 5:15 p.m.

Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, in fact, those are two separate questions, because when a bill is introduced, there is no budget attached to it. The question of financial resources is a separate one. That does not mean that it is not an important question, but it is a separate question to be addressed when dealing with budgetary matters.

The bill is a good one. It makes administrative improvements. However, particularly in the case of small police forces, it is possible that a shortage of resources would discourage them from making full use of this witness protection tool. I do not believe that it would really be a problem for a police force the size of Montreal’s. The police service in Montreal is rather large. If the bill helps it to successfully conduct an investigation, then it will find the money and arrange to protect the witness.

Discussion of financial resources is necessary, but it should not prevent the passage of this bill, which is nevertheless a rather good one.

Safer Witnesses ActGovernment Orders

May 23rd, 2013 / 5:15 p.m.

NDP

Pierre Jacob NDP Brome—Missisquoi, QC

Mr. Speaker, I would like to thank my colleague for his speech.

I understand that the witness protection program deserves appropriate funding. My colleague agrees with that. However, if I understood correctly, the bill is not sufficiently generous.

What specific amendments would my colleague suggest?

Safer Witnesses ActGovernment Orders

May 23rd, 2013 / 5:15 p.m.

Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, I believe that the bill is highly effective and very good with respect to the provisions designed to streamline the steps so that an applicant can be admitted more quickly and can make an identity change more rapidly.

Perhaps what is needed is an independent federal fund that could be used if a police force in a smaller community did not have the money to pay all the costs involved in admitting a witness into a provincial or federal witness protection program, for example. At times like these, the small municipality or small police force could draw upon the fund. It would be a good idea to have a reserve fund for that purpose.

There is nothing to prevent the government from moving in that direction, perhaps in the next budget. However, where public safety is concerned, the government should think twice or perhaps even three times before slashing spending or voting against the idea of channeling new resources to these areas.

Safer Witnesses ActGovernment Orders

May 23rd, 2013 / 5:20 p.m.

NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, the question I have for the member is around funding. I know there were some witnesses who said additional funding was not necessary.

However, if I look at some of the testimony that was given, there was definitely an emphasis from some of the witnesses that additional funding was necessary.

How effective does the member feel this legislation is going to be without the provision of additional funding to ensure that the tools we purport to give are there in reality?

Safer Witnesses ActGovernment Orders

May 23rd, 2013 / 5:20 p.m.

Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, it is interesting. Some witnesses did say additional funding was not required and a minority of witnesses, actually one who I recall, said that the lack of resources could be a problem. However, they were talking apples and oranges.

The RCMP came and said that if it needed to protect a witness, it would find the money. I believe the RCMP. I believe that will be the case.

However, the point that Ms. Ruth brought up was not related to whether the RCMP had the budget to accept all the witnesses who needed to be protected. It was more to the fact that a separate fund was not available, created by law for example, that smaller police forces could access if they brought someone into a provincial witness protection program. They may find that the matter is taken up by the RCMP and the RCMP then sends them a bill for protecting that witness.

That is a very different issue than the RCMP saying that it will protect all witnesses who apply directly to the federal witness protection program.

The witnesses were not necessarily on the same wavelength and were not necessarily talking about the same thing when it came to funding.

It will be effective because it will be more timely. I really do believe that will help. However, if we are going to include witnesses to potential terrorist incidents or plots, we may need more funding because we are bringing in CSIS, National Defence and so on and so forth.

Safer Witnesses ActGovernment Orders

May 23rd, 2013 / 5:20 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, could my colleague comment on the value of the program itself, whether it is related to gang activity or other larger organizations and whether we will potentially be able to prevent crimes from taking place going into the future?

Not only are we delivering justice, quite often, but we are also preventing crime. The bill has the support in principle from all parties inside the chamber. All parties recognize the value of a witness protection program.

Could the member comment on that? I know he did in his opening remarks, but and he might want to reinforce that.

Safer Witnesses ActGovernment Orders

May 23rd, 2013 / 5:20 p.m.

Liberal

Francis Scarpaleggia Liberal Lac-Saint-Louis, QC

Mr. Speaker, I found the hearings quite interesting because we all know that witness protection exists. We know it through popular culture.

However, I had never really stopped to think about how the program works. It is a very small program within government. It is part of the crime agenda that is never really discussed. We have talked about more sensational issues than the witness protection program.

It is very much a lynchpin program. As I said at the beginning of my remarks, the point of the program is to combat group crime, whether that be organized crime selling drugs or whether it be a group of people who might want to commit a terrorist act.

It is a very effective tool against group crime. The fact that everyone supports the legislation speaks loudly that everyone in the House wants to combat crime. It is not a partisan issue.

Safer Witnesses ActGovernment Orders

May 23rd, 2013 / 5:25 p.m.

NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, it is my pleasure today to rise to speak in support of the bill. Indeed, this is an area that is really critical and one on which the NDP has been pushing really hard. It is good to see the government has listened to our requests to expand the federal witness protection program.

The criteria has been criticized, not just by us but by community members and organizations across our country for its narrow eligibility criteria, for poor coordination with provincial programs and low numbers of witnesses actually admitted to the program.

Before I get into the resourcing, which I might have to leave until we meet again or until I get to continue this dialogue, I really want to talk about the importance of the expansion of the criteria. There are some issues and our history informs us that these steps have to be taken.

I cannot help but stand here and remember the tragedy called Air India, an act of terrorism in Canada that killed hundreds of Canadians on a plane and that led to hundreds of families being impacted for a very long time. We saw whole families being annihilated. I recently met a gentleman who lost his wife and his children on that flight. A man who lived in my riding lost a sister and her family as well.

I also live in a riding in the city of Surrey, the riding of Newton—North Delta, where, if witness protection had been available, maybe the trial on the Air India disaster would have gone differently. I am not the first person to say that. That was said by the judge at the time. As we know, there was a great deal of fear about giving evidence. In fact, people who agreed to give evidence, then pulled back.

Then I have to mention the tragic murder of one of the witnesses. It was our inability to protect witnesses that really ended up being a real barrier and an obstacle to prosecution in the Air India bombing case. A witness, Tara Singh Hayer, whose son and daughter live in Surrey, was a publisher of the B.C. based Times of India. He was assassinated in 1998, making the affidavit he had given to the RCMP in 1995 inadmissible as evidence. Here is the stark reality of why the criteria for the federal witness program absolutely needs to be expanded, and we are pleased it has been.

Two other witnesses refused to appear before the Air India inquiry in 2007, citing fears for their safety. As a result of our failure collectively, what it has meant is that those families live in anguish even today. Yes, because they lost their loved ones, but more because they feel justice has not been done. For that reason alone, this legislation is really critical. At the time, Justice Major acknowledged he was unable to provide the necessary protection.

My heart goes out to the families that were impacted by that disaster and we mourn today because we failed to mete out justice to those who did great harm to the nation.

Safer Witnesses ActGovernment Orders

May 23rd, 2013 / 5:30 p.m.

The Acting Speaker Bruce Stanton

The hon. member for Newton—North Delta will have 15 minutes remaining for her comments when the House next returns to debate on the question.

It being 5:30 p.m., the House will now proceed to the consideration of private members’ business as listed on today's order paper.

The House resumed from May 23 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.

Third ReadingSafer Witnesses ActGovernment Orders

May 30th, 2013 / 11:50 a.m.

NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, it is a pleasure today to rise and speak in support of Bill C-51, An Act to amend the Witness Protection Program Act and to make a consequential amendment to another Act.

Before I get going with my speech today, I want to recognize the stellar work done by my colleague from Esquimalt—Juan de Fuca, the critic for public safety. He is such an impressive member of Parliament and does incredible hard work out in his riding, but also right here. When it has come to public safety, he has been on the job, working with the government where he can or where they let us, and then being the best advocate he can be to build strong, safe communities right across Canada.

That is our primary aim and our goal. We are committed as a caucus to building strong, safe communities right across this country for everyone. It was for that reason, when time allocation was moved at committee, that our committee members on this bill actually co-operated. To hear them being smacked in the House today was a bit rich. It seems that when we try to co-operate we get smacked around anyway. That is really unfortunate, when we have a parliamentarian who works incredibly hard to build bridges and work together with others to put forward the public safety agenda. Also, I do not know if it is coincidence, but I notice that out of all the times for the witnesses, the NDP witnesses were left to the end, right before the report was written.

Once again, I fail to understand why these games get played in this Parliament. It is to that end that I find it quite astounding that here we are again today, moments before I started to speak, having to vote on another time allocation motion, number 38, and number 5 within a week. We really have to wonder what the Conservatives have to hide. What do they have against parliamentary democracy? What do they have against parliamentarians from right across this country, from every single party? I am talking about all parliamentarians. What do they have against parliamentarians' right to represent their communities and speak to legislation? That is a key concern.

If I were not sitting in these hallowed halls of Parliament, and I were outside trying to teach people about parliamentary democracy, this would be a classic case of a government that is trying to shut down the democratic processes. It gives me great concern. What kind of a model are we setting for our youth? What are we saying to them? That our Parliament is not where people go to parler, not where they go to speak and debate and discuss issues, but that Parliament is now a place where a majority can use a hammer to silence the voices of members of Parliament. That is a shame, and a damning comment on the current government at this time.

However, getting into the piece of legislation before us, once again we are here to talk to a bill that we support. Because we support it, we are still very concerned about MPs I know on this side of the House who want to speak to this issue and raise concerns from their riding. They want to share with other members of Parliament how constituents in their riding feel about this legislation and how this is a step in the right direction, but more needs to be done. Once again, what we have is the hammer being used by a majority government to silence duly elected members of Parliament.

It is no surprise that even on this bill the Conservatives are late to the game. The NDP has been working on this file for years. We have been one of the critics of the eligibility criteria for witness protection, the poor coordination with provincial programs and the low numbers of witnesses admitted into the program. As an example, in 2012, out of 108 applications considered only 30 were accepted. That is what we need to debate, discuss and address.

The witness protection program was passed in 1996. Both the Liberal and Conservative governments have done little to respond to the criticisms of the system and the program. Some bills have been presented in the House of Commons and the NDP has supported them, especially those in 1999 relating to domestic violence. However, the Liberal government helped to defeat them.

Therefore, what has yet to be addressed is the overarching issues of eligibility, coordination and funding. The NDP is on record of repeatedly asking the government to address the three key issues I have identified. I am not making that up.

In November 2012, the NDP member of Parliament for Trinity—Spadina called for more support for the federal witness protection program, pointing to the difficulty the Toronto police faced in convincing witnesses to the shooting that summer at a block party on Danzig Street to come forward, because without protection people are scared. They are scared for themselves and their families. We really need to address these issues.

We are pleased to see that this legislation, Bill C-51, does expand the eligibility criteria for the witness protection program to include witnesses recommended by CSIS and the Department of National Defence. It would also extend the period of emergency protection and clear up some technical problems with respect to coordinating with provincial programs. That coordination does not go far enough. There is far more that could be done.

When we look back on our history, there is a lot we can learn. It pains me every time I bring up the Air India disaster, one of the worst terrorist acts to take place against Canadians. Thousands of families were impacted and are still finding it very difficult to come to terms with the fact that the people responsible for that tragedy and heinous act of terrorism are still out there. I can still remember the artistic portrayal and a poem written about the bodies and body parts that were discovered. Whole families were wiped out. A husband lost not only his wife but both his children. A brother lost his sister and her whole family. There are many such stories and many of those constituents live in my riding. Recently, I had the privilege of meeting one of the victims of that tragedy at a committee meeting. The words he said really haunt me even now. He said that it hurts today as though it were yesterday and that the biggest hurt of all was that the country he lives in has still not been able to mete out justice. Finding and punishing the people who did that heinous crime will not bring back those who have passed away. However, it will give people some peace. That story has a direct link to the witness protection program.

After that tragedy, people were very unwilling to come forward and be witnesses. Even those who gave testimony then withdrew it. As a result, we have very little resolution, despite a very intense inquiry with pages and pages of recommendations.

One of the most hurtful things for those surviving members, and for us as Canadians, is that many of the recommendations from that inquiry, which I have heard both the government and others parties say were laudable, are not part of this report. We are very sorry that they are not here, but in order to expedite this particular piece of legislation and to get this part through where we have at least some expansion of the criteria, we co-operated. However, it was with a heavy heart that we did so.

I look back at Mr. Tara Hayer, a distinguished gentleman who lived in my riding and who was shot. He was shot because he gave an affidavit and was willing to be a witness in the Air India trial. We can imagine that after his tragic murder, there was an even further reluctance for anybody in the community to speak up. It is because of this that we have to have this expansion of criteria and a way to extend emergency protection, even if it is not everything we were looking for.

The key thing here is that it is easy for us to pass bills that look good on paper. We get moved by emotions at times and we can pass bills for those reasons as well, but one of the things that I have learned is that unless we provide the resources, it is very difficult to see how the already stretched authorities will be able to fulfill this new mandate.

We have an amazing RCMP and it will do whatever it is asked to do with the resources it is given. This is not a criticism of our RCMP. It is a criticism of us as parliamentarians, who have not built additional resources into the bill or the budget because we are expanding the criteria and we are expanding a certain level of co-operation with the provinces. We have to make sure that we do not download more of these costs onto the provinces, which I would say are already stretched.

We as a party are very committed to building safer communities. One way to do that is through an improved witness protection program and improving its criteria. The other way is to give the police additional tools to fight street gangs and organized crime. This is a huge issue in my riding and many ridings across the country. One of the key things we need if we want to get into prevention and proactive programs is to ensure that our front-line service providers have the tools they need. If they do not have the tools they need, we know that there are some serious struggles to be had.

There have been validators of our position and the RCMP. In late 2009 and early 2010, the federal government actually consulted the provinces and territories on the program and a number of provinces expressed concerns. Several provinces have their own witness protection program, but they often only provide short-term assistance. There is a need out there. Allowing street gang witnesses into the protection program has been a long-standing recommendation of those working to combat street gangs, in addition to a recent RCMP request to the government. The RCMP has also advocated for intensive psychological examination of potential protectees.

To finish off, we are going to support this bill. We are very strong supporters of strong, safe communities. To that end, we are expediting this piece of legislation through the House.

Third ReadingSafer Witnesses ActGovernment Orders

May 30th, 2013 / 12:05 p.m.

Conservative

David Wilks Conservative Kootenay—Columbia, BC

Mr. Speaker, one of the frustrations the police have with regard to the witness protection program is that, from time to time, witnesses do not realize their obligations under the act as well. Some of those obligations are that they must sever their ties with everyone they have known. It is a difficult process. As a result of that, sometimes there is a compulsion to go back to meet a friend or a family member. At the time, they do not think it will cause any problems, but it can.

Would the hon. member agree that the witness protection program does, for the most part, work very well, but there is also a requirement for the witnesses to fulfill their obligation?

Third ReadingSafer Witnesses ActGovernment Orders

May 30th, 2013 / 12:05 p.m.

NDP

Jinny Sims NDP Newton—North Delta, BC

Mr. Speaker, I absolutely agree that responsibilities and rights go both ways. This is where the request by the police for additional funding or resources to look at the psychological impact and to provide counselling and support really becomes critical. When we are removing people and putting them into protection, we are protecting their lives and doing it for very good reasons. However, once witnesses are cut off from their support system, it can lead to a huge vacuum and all kinds of psychological problems as well. We absolutely need to educate the witnesses and provide them with support as they adjust to being in the protection program.

Third ReadingSafer Witnesses ActGovernment Orders

May 30th, 2013 / 12:05 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I want to emphasize the benefits of the witness protection program in delivering results and making our communities a safer place to live. In certain areas of our country there is a very high level of gang activity, for example. To break into organized gangs to cause the destruction of them, we likely will have to go to individuals within those gangs to get the type of prosecutions necessary to break them up.

If we are successful at doing that in certain regions of our country, it will make the communities much better. To get that informant, we need to have a healthy, confident witness protection program so we can hopefully be more effective at destroying gangs from coast to coast to coast.

Could the member comment on the potential of the destruction of gangs by having an effective witness protection program?