Safer Witness Act
Would make it easier for people in witness protection programs to change their identity.
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.”