SECU Committee Report

Witnesses play a critical role in all stages of criminal proceedings, from the initial reporting of a crime right through to the trial. The evidence they provide is often crucial to the conviction of offenders. In this context, it is no surprise that individuals facing investigation and criminal prosecution may attempt to frustrate the administration of justice by intimidating witnesses and/or their families. Experts believe that, if there were no measures to protect witnesses and their families against intimidation, many people would be reluctant to cooperate with the authorities, and that this state of affairs could cause the justice system to become paralyzed in some cases.([1])

Various measures to protect vulnerable and threatened witnesses are used across the country, from the simplest police and legal protection to the most complex. This report examines one of the measures implemented by the federal government to provide long-term protection to witnesses whose physical safety is in jeopardy because they are cooperating with the authorities. The federal Witness Protection Program, the focus of this report, is a last resort at the end of the protection continuum. That being said, all witness protection measures at the municipal, provincial, territorial and federal levels are indispensable in the fight against crime. The ability of a witness to cooperate with the authorities without fear of intimidation or reprisal is essential to maintaining the rule of law.

1. Committee mandate and APPROACH

In April 2007, media attention surrounding an individual in the Witness Protection Program who was charged with murder while under the protection of the Royal Canadian Mounted Police (RCMP) prompted the Committee to undertake a review of the Program. Although the Committee endeavoured to determine whether changes should be made to the Program to prevent the recurrence of similar incidents, its study was not limited to the examination of this case. On 29 March 2007, the Committee adopted a broad mandate to "review the RCMP's role in the Witness Protection Program."([2]

From 19 April 2007 to 4 February 2008, the Committee held seven meetings during which two lawyers involved in witness protection cases in Canada; three experts from Canada, the United Kingdom and the United States; and representatives from the RCMP, the Canadian Association of Chiefs of Police, Justice Canada and the Commission for Public Complaints Against the RCMP all shared their points of view (For the list of witnesses, see Appendix A).

This report summarizes the information gleaned from the Committee's review of the Witness Protection Program. It covers the origins of the Program, its role in relation to the series of protective measures for vulnerable and threatened witnesses, its operation and administration, key concerns raised during the hearings, and our own comments and recommendations. Following consideration of the testimony heard, the Committee finds that it is time to renew the Witness Protection Program Act (WPPA)([3]) so that the Witness Protection Program is more accessible, effective and transparent.

2. Organization of the report

The report has four chapters, including this chapter. The second chapter gives an overview of the range of protective measures available to vulnerable witnesses in danger in Canada. The third chapter describes the origins of the Witness Protection Program and its administration, and presents the information collected by the RCMP since the adoption of the WPPA in 1996. The final chapter presents the Committee's recommendations, which aim to provide witnesses, whose safety is in jeopardy because of their cooperation in investigations or cases involving serious crimes, with access to a more effective and transparent Witness Protection Program. The recommendations also aim to encourage cooperation among the many stakeholders involved in protecting vulnerable and threatened witnesses in Canada.