Mr. Speaker, I will be splitting my time with my colleague, the member for from Northumberland—Quinte West.
I am pleased to have the opportunity to speak about this legislation before us, which would make important amendments to the Witness Protection Program Act.
I would like to spend my time today taking a look at exactly how witness protection programs work in Canada, as well as who, in fact, is being protected.
Of course, there are things we do not know and cannot know and are not privy to because of the need to keep witnesses protected. The sensitive nature of this type of work means that witness protection programs and the law enforcement agencies with which they are associated are very careful about the information they make public concerning their operations and the methods they use.
However, there are still some things we do know. For instance, at the federal level, the program is legislated by the Witness Protection Program Act and is administered by the RCMP. Several provinces run their own witness protection programs, namely Quebec, Ontario, Manitoba, Saskatchewan and Alberta.
As we have heard, there are some distinctions between the provincial and federal programs. One example is that the federal program considers its protectees to be in the program for life, but in the provincial systems, protectees may be under the protection of the program for a shorter term, such as leading up to or during a trial.
As well, if a provincial program determines that its protectee needs a secure identity change, he or she must temporarily transfer into the federal program.
Third, only the federal program is mandated to provide national protection services to all Canadian law enforcement agencies as well as to international courts and tribunals.
This is how witness protection programs are structured in Canada.
Who, then, are these witnesses and what determines if they fall into the provincial or federal programs?
According to the Witness Protection Program Act, a witness is defined as:
(a) a person who has given or has agreed to give information or evidence, or participates or has agreed to participate in a matter, relating to an inquiry or the investigation or prosecution of an offence and who may require protection because of risk to the security of the person arising in relation to the inquiry, investigation or prosecution, or
(b) a person who, because of their relationship to or association with a person referred to in paragraph (a), may also require protection for the reasons referred to in that paragraph.
More details about program participants can be found in a report prepared for Public Safety Canada by Dr. Yvon Dandurand in 2010. The report, entitled “A Review of Selected Witness Protection Programs”, gives a clear picture of the type of individual who is referred to the federal witness protection program.
Interestingly, the vast majority of protected persons are not actual victims of crime, as one might imagine. On the whole, they are either criminally involved themselves or have connections to criminal organizations. This is due to the nature of those specific crimes.
One of the defining characteristics of organized crime groups and the gangs that run the illicit drug trade is their closed nature, which makes traditional investigative methods very difficult.
As such, law enforcement often relies on the help it receives from informants, who place themselves at considerable risk to co-operate with the authorities. In order to secure this collaboration, it is critical that we have in place an effective witness protection program that will keep these witnesses and informants safe.
As to the question of which program the witness ends up in, police can refer a person to either the provincial or federal programs, depending upon the complexity of the crime and the jurisdiction.
As stated previously, in some cases associates or family members of the witness are also admitted into the program.
A large number of witnesses in the federal program are former police agents who have infiltrated criminal organizations as part of an investigation. Once they disclose their information, they may be at risk of retaliation by that criminal group or organization.
The number of people admitted into the program each year varies widely, depending upon the law enforcement activities that year and the number of family members who may need protection along with the witnesses. For example, last year there were about 30 new admissions to the federal program, bringing the total number of protectees to approximately 800 individuals.
If the circumstances of the crime and investigation warrant, the individual may need a complete change of identity and location in order to remain safe.
Under the federal program, the RCMP can help the protected person undergo a secure identity change as well as help the person find new employment and housing as needed. Last year, for example, the RCMP helped 27 witnesses to undergo secure identity changes.
As I mentioned earlier, the federal program also assists witnesses from other countries in accordance with international agreements signed with foreign governments.
It is clear that these programs must deliver on their mandates to keep witnesses safe from reprisal for their actions. As such, law enforcement must have access to strong, reliable programs that offer a high level of comfort for those witnesses before they agree to share their information. Bill C-51 contains a wide range of changes that would further strengthen how the provincial and federal programs work, as well as streamline how these two levels interact.
The legislation covers several broad areas of change.
First, it authorizes the Governor in Council to designate provincial programs in order to allow the RCMP to provide secure identity changes to provincial protectees without transferring them into the federal program.
Second, it establishes the RCMP as a liaison for provincial requests for secure identity change documents.
Third, it expands the prohibition on disclosure of information to include provincial protectees, as well as information about both the federal and provincial programs themselves and those who administer them.
Fourth, it broadens exceptions to the prohibition of disclosure of information to permit disclosure in certain circumstances.
Fifth, it broadens the obligation of program authorities to notify the protectee before the prohibited information is disclosed, except in specific circumstances.
Sixth, it facilitates volunteer terminations from the federal program.
Seventh, it extends the maximum time that emergency protection is provided to the witness.
Eighth, it enshrines in law that federal institutions outside of law enforcement agencies, such as those with a mandate related to national defence, security or public safety, may recommend the admission of individuals into the federal program.
The safer witnesses act would encourage a more streamlined approach to witness protection between the provincial and federal governments, as well as between the RCMP and other federal institutions with a mandate related to national security or national defence.
We are pleased to see such strong support for this legislation from the Province of British Columbia and the Province of Saskatchewan, as well as the Canadian Police Association and the Toronto Police Service.
We were also very pleased to see broad support for the proposed changes among witnesses and committee members during a recent committee study of Bill C-51. They believe, as do we, that it would ensure a more effective and more secure federal witness protection program both for the witnesses and for those who provide protection to these witnesses.
Therefore, I encourage all hon. members of the House to support this important legislation.
