Mr. Speaker, before I speak to Bill C-206, I would like to remind this House that this is the twenty-sixth anniversary of the death of Daniel Johnson senior, the premier of Quebec, whose politics transcended partisanship and who left a valuable legacy for the Quebec we know today.
I have read Bill C-206, introduced by my colleague, the hon. member for Scarborough West, to whom I have listened attentively, both during his presentation before the Sub-Committee on Procedure and House Affairs, when he so eloquently argued to have his bill put to a vote in this House, and when he reached a stage not many reach, because many are called but few are chosen. The hon. member for Scarborough West may congratulate himself on having raised the awareness of the Sub-Committee on Procedure and House Affairs and that of this House regarding the protection and relocation of witnesses.
The hon. member's concern for this particular issue is to his credit and will advance law in Canada, because, as we would have to agree, we have lagged behind our neighbours to the south, who have already, for close to 25 years now, had legislation in 50 states of the union with respect to witness protection that is known to the public and that sets out their rights.
Here in Canada we have, of course, certain more or less well-known provisions for the protection and relocation of witnesses, which are applied in turn, piecemeal and sporadically by the Royal Canadian Mounted Police, the Ontario Provincial Police or the Sûreté du Québec.
However, I do not believe that in a democratic state we should be satisfied with piecemeal measures and decisions taken arbitrarily by those who are called upon to make such decisions, often behind closed doors. I think that the idea of having legislation that will apply throughout Canada is one that will improve the situation of witnesses, particularly in a criminal context and especially with respect to serious crimes. I therefore think that we can put an end to a sort of bona fide application of procedures, which could be sequential, without controls and without witnesses really being informed of the applicable policies.
As I said earlier, a standard procedure must be established. The public must know what the future standards will be and how to have access to the protection and relocation program.
How will it work? Should the judiciary be involved in the protection of witnesses? The hon. member for Scarborough West suggests it should not be involved, to prevent excessive media coverage, but perhaps a parliamentary committee could be an alternative. This is an excellent idea, to have a sub-committee such as the justice sub-committee look, as discreetly as possible, at how witnesses are being protected. I think this is a fine job for the justice sub-committee which is already looking into allegation concerning the Canadian Security Intelligence Service. This new responsibility could be added to the mandate of the sub-committee.
In the case of serious crimes like drug trafficking or organized crime, the very survival of the witnesses is often at stake. But in our legal system, the entire case for the Crown usually rests much more on witnesses than on the admission of guilt on the part of the accused, which puts the Crown in a precarious position when introducing evidence. Crown attorneys never know, throughout the bail hearing, the preliminary investigation and finally the trial per se-a three-stage process that can stretch over several months-if their witnesses will see them through. They often wonder: can I be sure I will still have witnesses to call by the time we go to trial? And when I call them to the stand, will I be able to ask them the questions and, more importantly, get the honest answers I have every right to expect from them?
At present, there certainly is no guarantee, because witnesses often have failing memories in such cases. The hon. members who were in legal practice or even watched movies about certain trials or television broadcasts of trials have noticed witnesses who cannot recall anything at the time of the trial. Their
memories fail them. I think we must provide assistance to these witnesses who need our help.
Help is required both before the trial and, of course, after it. Before the trial, we must ensure their physical safety, which involves providing them with some form of protection. At times, this will mean literally hiding them for their own protection, and with their consent I hope, so that they can give adequate evidence to enable a court of law to appreciate the value of the evidence and determine whether the Crown has proven its case beyond any reasonable doubt. Bear in mind that, in our legal system, an enormous onus rests with the Crown and the slightest error in that area will automatically lead to an acquittal. With regard to foul crimes-I mentioned drug trafficking and organized crime-the simple fact that witnesses vanished could be enough to raise a reasonable doubt because the jury or the judge, if the accused has asked for a trial without jury, will not have the benefit of their testimonies.
But there is also the aftermath, them time after the trial, after the sentencing. Sometimes, the presumption of innocence-which I in no way question-and its offshoot, the reasonable doubt principle, can also lead to an acquittal and a witness can be in grave danger. We must therefore provide for the social reintegration of a witness who had someone put way or may even have failed to do so on the assessment of the evidence.
What this generally means is getting a new identity, new papers and often a new job for the witness. In extreme cases of course, the State must be able to provide replacement income to witnesses who have put their lives on the line for the law of the land to prevail.
In that sense, I fully agree with the principle of the bill introduced by the hon. member for Scarborough West. In short, based on what was said in the comprehensive speeches made so far on the subject, let me just indicate that at the time of the vote, scheduled for later on, or in a deferred vote, I will gladly support the bill put forward by the hon. member.