Madam Speaker, I am very pleased to speak today on Bill C-78 which is really about public safety. This must be very rewarding for my colleague from Scarborough West considering his diligence in bringing this vital matter to the government's attention. His efforts in this regard are certainly commendable.
The debate on private member's bill last spring and the previous fall showed great evidence of support on both sides of the House for the bill and for what he was trying to do. The debate on Bill C-206 demonstrated there is really a clear need for a legislated protection program for witnesses and sources in criminal cases.
It seems that demonstrated there was a clear desire by members of Parliament for such a program. One of the reasons for the desire and the need for the legislative program is that there have been some problems in the past. For example, at times there have been misunderstandings between the police and a witness or a source about what the agreement was between them, or what the roles of each was and what their responsibilities were. It is important that the bill clarify some of the rights, responsibilities and obligations on both sides in these matters.
In my view the solicitor general is to be commended for responding to an obvious need to bring about changes to the decade old program. Many people may not realize there is a witness protection program within the RCMP that has been active and operating for quite a few years. Also many programs are operated by municipal and provincial police forces across the country.
The solicitor general is to be commended for responding to the obvious need to bring about changes to this decade old program. We see his response today in Bill C-78, which is now before us. The bill is really another plank in the government's efforts to deal with crime.
I will give some examples of how we have dealt with crime in various ways over the past couple of years. There have been amendments to the Young Offenders Act. In fact I am looking forward to attending a forum in my area in Dartmouth next Thursday, where we will be discussing youth issues and issues related to the Young Offenders Act. It is being put on by CBC radio and I am looking forward to attending to discuss some of the issues arising out of past amendments and concerns of the public about the Young Offenders Act.
We have also had Bill C-45, which provided for reform of the corrections process and issues of conditional release. We all recognize that we had very speedy passage of the bill to provide for the use of DNA evidence in criminal proceedings.
All these things are planks in the efforts of the government to deal with crime. We are working steadily to fulfil our goal of ensuring that Canadians live in safe homes and safe streets.
Upon passage of Bill C-78 Canadians will have a witness protection program that will serve them well, because it will provide a legislated program that will operate more efficiently, more effectively, but will not cost taxpayers more money. I am sure that in my riding of Halifax West the taxpayers will be in favour of that part of the bill.
The whole area of witness protection is particularly important in places like Nova Scotia, as it is across the country. However in Nova Scotia the area where it will be most often used will be in drug enforcement. Our province is a key offloading area for drugs coming from South America, the Caribbean, and the eastern coast of the United States because of the fact that Nova Scotia is a peninsula with so much coastline and many little coves. This makes it picturesque and beautiful to visit, and I recommend that all members and Canadians who are interested should visit us and see our beautiful province. However it also provides an opportunity for drug smugglers to offload their product because it is difficult to
detect them and difficult for the RCMP or other police forces to cover all those inlets and bays.
The witness protection program is also used in areas of crime, including homicides and prostitution, which are also of great concern. If we can help in those investigations and the prosecution of cases of that nature with the bill, it is certainly worth pursuing.
I checked with one of the local RCMP offices in my riding and I was told that the existing witness protection program had been used there about 25 times in the past 20 years. Obviously it is not used constantly, but it provides a very important tool for police in investigation and prosecution for criminal offences.
It seems to me that in the future those who must turn to the witness protection program, like the approximately 70 Canadians who did so last year, will benefit from a number of programs provided by the bill. I believe members would agree that all Canadians would benefit from the improvements.
In many respects we are talking about trying to fight organized crime. Yes, there other kinds of crime involved, individual crimes. We can readily see how the witness protection program can deal with problems of organized crime. With that kind of an organized group there is much more need for witness protection.
In that sense one of the best ways to fight organized crime is with information that sources and witnesses can provide if they do not feel they are at risk of being killed, injured or maimed if they give evidence or assist the police in some other way. The bill is important in all those respects.
Another key element of the bill will be a clearly defined admission process and criteria so that not just anybody can qualify under the program. It is very clear from the RCMP or other police forces that want to make use of the RCMP program what the rules are, what the procedures are, and who can be admitted and how. This is very important.
The RCMP has a responsibility after the bill becomes law to thoroughly examine the applicant's suitability for the program in a variety of ways. That means not only the potential contribution the applicant can make toward an investigation, but the RCMP will also look closely at the individual, at the risk involved to that individual, what might be the risk of danger or harm coming to him, the impact on the person or his or her family, as well as the ability of the individual to adjust to the program. I suppose that could be a problem in some cases, depending on the kind of individual being dealt with. All those factors are obviously important in determining who should be admitted to the program.
Interestingly the protection of witnesses and sources does not just mean relocation, as we assume, and change of identity. It also means counselling or other kinds of support. I turn to the bill itself for a moment to read to the House the definition of protection in Bill C-78:
"protection", in respect of a protectee, may include relocation, accommodation and change of identity as well as counselling and financial support for those or any other purposes in order to ensure the security of the protectee or to facilitate the protectee's re-establishment or becoming self-sufficient;
We see there are a variety of kinds of protection that can be provided and are necessary. Under the bill the RCMP is required to look at alternate methods of protection.
We talk about the kind of counselling support that a witness may need or a source may need and we think of prostitution involving children, for instance. While there is a basic need for protection in the sense of protection from violence of the child, there will probably be a need for counselling for a child who has been involved in prostitution and the violence and the intimidation associated with that activity.
We can all recognize how difficult and frightening it has to be for people to come forward who have been a witness or a source and have been involved in some way in a matter of this sort. It has to be terrifying, particularly if they are fearing for their lives and in some cases for their family or someone else who may be close to them. That is why the definition of witness in Bill C-78 includes those who might have evidence or will give evidence in the future, as well as those who might be at risk themselves, for instance their family.
The source witness protection program must, and with Bill C-78 it will, make it easier for people with information that may help investigations to come forward without fear for their own safety and the safety of their families. That to me is key. We are not only talking about the safety of their families, but by extension if we can get them to feel freer about coming forward and being witnesses or sources then it is the safety of all our families we are talking about here. The success of the program and of our crime fighting efforts in general depends on sources and witnesses and the information they can provide. Their safety is of paramount importance, which is why I am so pleased to support the bill.
The bill provides one important item that we do not have at the present and is needed. As we can see in the bill of the member for Scarborough West and the debate around that bill over the past year or so, we need consistency in how each case is dealt with. With the bill every case across the country will be dealt with in a consistent manner, which is a big improvement.
The bill will not replace other witness protection programs that exist across the country. I mentioned that provincial forces and municipal forces have their own programs. They will continue to operate. Those law enforcement agencies will continue to be able to participate in the RCMP source witness protection program, but
they will now be able to do so with much more accountability and transparency in the process.
Another important area in the bill solves some potential problems in the present system in the area of accountability and transparency, which we need to have more of in this process. The bill makes the administration of the program much more transparent and accountable. It goes through the commissioner of the RCMP to the minister and to the House of Commons. It provides for clearer lines of authority within the RCMP structure. That makes unquestionably for a more efficient administration.
The commissioner is required to make an annual report on the operation of the program, a full report indicating what kinds of problems they face, what amounts have been paid out, the number of witnesses who have been protected in various ways, and so forth. He must make that report annually to the solicitor general. The solicitor general will then table the annual report before Parliament so that members of the House have the opportunity to scrutinize the report. Therefore it makes the whole system accountable to the House of Commons and through the House of Commons to the public.
The annual reporting requirement will mean that information will be available to members and the public on the cost and the number of people involved in the program. It will be much clearer. It is very important for both parties to the agreements where a witness is being protected that both the witness and the RCMP or other police force have a clear understanding of what the agreement and what the responsibilities and obligations of both parties to the agreement will be.
This will provide for transparency and accountability with regard to the responsibilities and obligations for both the applicants and the RCMP as administrators of the program. These protection agreements and the obligations of applicants and administrators to fulfil these agreements will provide further transparency and accountability to the program.
All these factors lead to public safety. All these factors are providing a greater feeling of security, a greater sense of safety in coming forward for the witness.
If persons have heard about other witnesses in the past who perhaps did not feel they were treated properly, did not feel that the police had lived up to their part of the bargain in protecting a person, they will obviously be less likely to come forward. However, if we can clarify the rules, if we can have clear agreements between the RCMP or another police force and the witness that provide for the rights and obligations of both and what is going to happen for them, we will not have people saying that they did not get treated properly by the police. They can go to the agreement itself and look at what is on paper.
It is kind of like good fences making good neighbours. A good agreement with clearly specified rules on who is to do what provides for a good relationship between the two sides. I think it will add to people feeling freer about coming forward to the system and providing their information.
To review some of the issues we have talked about how in the past criminals have successfully used fear and intimidation to scare witnesses to keep them away from the police so that they will not bring evidence forward. This program is very important, because individuals involved in organized crime will go to great lengths to try to ensure that a witness or a source will not come forward. As I said, it can be a terrifying experience. They can certainly sometimes threaten and exact violent retribution from the witnesses.
Enforcement agencies need the support and assistance of the public. We are talking here about the public in more than one way. We are talking about the individual who is a witness. In some cases when a witness is relocated he or she may require assistance from the public in that regard to find a new location. I am not sure exactly how that would work, but it may require it in some regard. To achieve success in bringing criminals to justice and to further investigations, the police do need that kind of information and they need people to come forward.
The legislation will cover agents who are involved in investigations, not only in the trials but throughout the whole process, which is why I was pleased to see the definitions I mentioned earlier. Not only is the person who has given evidence in the past covered, but so is a person who has agreed to give evidence or information in the future. In any case where because of taking part in some way in an inquiry, investigation or in the prosecution of an offence a person's security may be at risk, the person is covered by the legislation.
I talked about protection and how it can include relocation, accommodation, change of identity, counselling, financial support or any other requirement needed to ensure the security of the protectees as they are called, or to facilitate re-establishment or becoming self-sufficient in a new location with a new identity.
Let us think about a witness who has been totally innocent, has not been involved in crime at all, but happens to be a witness to a serious crime. I am reminded of the movie "Witness" in which a young boy was a witness to a crime and had to be protected. In a case where someone is totally innocent it must be a bewildering experience to be called upon to be a protected witness, fearing for one's life; having to change identity and home; and being away
from family and friends. It has to be a very difficult and bewildering experience.
Interestingly the annual cost will not go up as a result of the program and if it goes down that is fine. It is an important program and will vary each year depending on how many people are being protected. The annual cost is $3.4 million. There are no additional costs expected as a result of introducing the legislation. The average cost per case is $30,000 but approximately 60 per cent of cases cost less than $20,000. If that can bring people who are involved in organized crime or other serious crimes to justice then it is well worth the money. I am confident that all Canadians, and certainly those in my riding of Halifax West, would support that and would certainly support the intent of the bill.
The changes proposed in the witness protection program act will give the RCMP's source witness protection program a solid legislative and regulatory basis. This is lacking in the existing program. It is important that we provide it and therefore I urge members to support this important bill.