Bill C-286

1st Session, 39th Parliament,

55 Elizabeth II, 2006

house of commons of canada

BILL C-286

An Act to amend the Witness Protection Program Act (protection of spouses whose life is in danger) and to make a consequential amendment to another Act

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. The long title of the Witness Protection Program Act is replaced by the following:

An Act to provide for the establishment and operation of a program to enable certain persons to receive protection in relation to certain inquiries, investigations or prose-cutions and to enable certain spouses whose life is in danger to receive protection

2. Section 1 of the Act is replaced by the following:

1. This Act may be cited as the Witness and Spousal Protection Program Act.

3. (1) The definition “Program” in section 2 of the Act is replaced by the following:

“Program” means the Witness and Spousal Protection Program established by section 4;

(2) Section 2 of the Act is amended by adding the following in alphabetical order:

4. Sections 3 and 4 of the Act are replaced by the following:

3. The purpose of this Act is

(a) to promote law enforcement by facilitating the protection of persons who are involved directly or indirectly in providing assistance in law enforcement matters in relation to

(i) activities conducted by the Force, other than activities arising pursuant to an arrangement entered into under section 20 of the Royal Canadian Mounted Police Act, or

(ii) activities conducted by any law enforcement agency or international criminal court or tribunal in respect of which an agreement or arrangement has been entered into under section 14; and

(b) to protect certain persons who believe on reasonable grounds that their life is in danger by reason of acts committed against them by their spouse.

WITNESS AND SPOUSAL PROTECTION PROGRAM

4. A program to facilitate the protection of witnesses and spouses is hereby established called the Witness and Spousal Protection Program, to be administered by the Commissioner.

5. Section 5 of the English version of the Act is replaced by the following:

5. Subject to this Act, the Commissioner may determine whether a witness or a spouse should be admitted to the Program and the type of protection to be provided to any protectee in the Program.

6. Subsection 6(1) of the Act is replaced by the following:

6. (1) A witness or a spouse shall not be admitted to the Program unless

(a) a recommendation for the admission has been made by a law enforcement agency or an international criminal court or tribunal;

(b) the Commissioner has been provided by the witness or spouse with such information, in accordance with any regulations made for the purpose, concerning the personal history of the witness or spouse as will enable the Commissioner to consider the factors referred to in section 7 in respect of the witness or spouse; and

(c) an agreement has been entered into by or on behalf of the witness or spouse with the Commissioner setting out the obligations of both parties.

7. (1) The portion of section 7 of the Act before paragraph (a) is replaced by the following:

7. (1) The following factors shall be considered in determining whether a witness should be admitted to the Program:

(2) Section 7 of the Act is amended by adding the following after subsection (1):

8. Subparagraph 8(b)(i) of the Act is replaced by the following:

(i) to give the information or evidence or participate as required in relation to the inquiry, investigation or prosecution to which the protection provided under the agreement relates, where the protectee is admitted to the Program as a witness,

9. Paragraph 10(a) of the Act is replaced by the following:

(a) to refuse to admit a witness or a spouse to the Program, the Commissioner shall provide the law enforcement agency or international criminal court or tribunal that recommended the admission or, in the case of a witness recommended by the Force, the witness, with written reasons to enable the agency, court, tribunal, witness or spouse to understand the basis for the decision; or

10. Subsection 14(1) of the Act is amended by adding the following after paragraph (a):

11. Paragraph 20(a) of the Act is replaced by the following:

(a) specifying the types of information to be provided in respect of a witness or a spouse who is being considered for admission to the Program;

12. The portion of subsection 45.35(1) of the Royal Canadian Mounted Police Act before paragraph (a) is replaced by the following:

45.35 (1) Any member of the public having a complaint concerning the conduct, in the performance of any duty or function under this Act or the Witness and Spousal Protection Program Act, of any member or other person appointed or employed under the authority of this Act may, whether or not that member of the public is affected by the subject-matter of the complaint, make a complaint to