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.