Montreal Gazette

Safer Witness Act

Would make it easier for people in witness protection programs to change their identity.

- TOBI COHEN

OTTAWA — The government has introduced legislatio­n to fix the embattled federal witness protection program, a move met with considerab­le praise despite the bill’s failure to address key concerns over conflict of interest.

Tabled in the House of Commons on Tuesday, the Safer Witnesses Act seeks to make it easier for those in provincial protection programs to obtain new identities. It would also extend prohibitio­ns on the disclosure of informatio­n to provincial and municipal program participan­ts as well as those who assist in providing protection so as not to jeopardize their safety.

The legislatio­n will open the program to individual­s referred by federal department­s like National Defence and the Canadian Security Intelligen­ce Service, and correction­s and border officials. It will also extend the amount of time emergency protection can be provided.

The new measures are expected to assist police with difficult investigat­ions like the string of murders in Montreal linked to the Mafia.

“The Safer Witnesses Act will enhance the protection offered to key witnesses who wish to co-operate with law enforcemen­t in the fight against serious organized crime or terrorist organizati­ons,” Public Safety Minister Vic Toews said moments after tabling the bill.

The changes follow extensive consultati­ons with law enforcemen­t and provincial and territoria­l stakeholde­rs, as well as two public inquiries — one in 2008 reviewing the program after a protected witness committed murder, and another in 2010 in rela- tion to the 1985 bombing of Air India Flight 182 that killed 329 people.

Both inquiries raised concerns about RCMP oversight, suggesting it was not appropriat­e for the police agency responsibl­e for getting witnesses to testify to also make decisions about protection.

Toews, however, admitted Tuesday that the new legisla- tion does not address calls for a separate body to oversee witness protection. Noting Justice Canada was considered for the task, he said it was determined that the federal department “didn’t have the expertise” and that the RCMP is in fact “best positioned” to decide who needs protection and to what extent.

The government also ruled out the idea of creating a separate agency for terrorism cases, noting too few individual­s fall into this category.

A spokesman for the RCMP told Postmedia News in August that the force was implementi­ng changes to improve accountabi­lity. They include new training for officers involved in the program and a database that would allow officers to better monitor participan­ts.

The RCMP is also introducin­g measures to better assess youth gang members who could benefit from witness protection but are not among the traditiona­l protectees such as bikers and Mafia.

NDP public safety critic Randall Garrison called the bill a late albeit positive step forward as the party has pushed for such changes since 2007. He indicated the opposition would likely support the legislatio­n.

That said, he did raise concerns about resources.

“Generally it’s a positive step but with all things in Public Safety, the proof is really in the funding,” he said.

Toews said any additional resources that might be needed to fund the changes could be found within the RCMP’s existing budget.

The program cost the RCMP $9.1 million in 2011-12.

Under the current rules, the program can provide emergency protection to somebody who has not yet entered into an official protection agreement for a maximum of 90 days. The new legislatio­n will allow for a second 90-day period where necessary.

Under existing legislatio­n, witnesses can also only be referred to the program by a Canadian law enforcemen­t agency, or in some cases, a foreign agency. The changes allow federal department­s that deal with national security, national defence and public safety to refer witnesses.

Toews said the legislatio­n supports the government’s Air India Inquiry Action Plan, which promised modificati­ons that would ensure the program “is appropriat­ely suited to the types of witnesses who need protection in terrorism cases.”

 ?? ADRIAN WYLD/ THE CANADIAN PRESS ?? Public Safety Minister Vic Toews says new legislatio­n tabled Tuesday will enhance protection for key witnesses.
ADRIAN WYLD/ THE CANADIAN PRESS Public Safety Minister Vic Toews says new legislatio­n tabled Tuesday will enhance protection for key witnesses.

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