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Bill C-494

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1st Session, 36th Parliament,
46-47-48 Elizabeth II, 1997-98-99

The House of Commons of Canada

BILL C-494

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

1996, c. 15

      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 prosecutions and to enable certain spouses whose life is in danger to receive protection

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

Short title

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

3. (1) The definition of ``program'' in section 2 of the Act is replaced by the following:

``program''
« program-
me »

``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:

``law enforcement agency''
« organisme chargé de l'application de la loi »

``law enforcement agency'', for the purposes of sections 6 and 10 and paragraph 14(1)(a.1), includes a department within the meaning of the Financial Administration Act;

``spouse''
« conjoint »

``spouse'' includes a former spouse and a person who has cohabited with another person for a period of not less than one year in a conjugal relationship;

4. Section 3 of the Act is replaced by the following:

Protection of persons involved in law enforcement matters and spouses whose life is in danger

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 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.

5. The heading before section 4 and section 4 of the Act are replaced by the following:

WITNESS AND SPOUSAL PROTECTION PROGRAM

Establish-
ment

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.

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

Admission to Program

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.

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

Admission to Program

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;

    (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.

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

Considera-
tion of factors in the case of a witness

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:

Considera-
tion of factors in the case of a spouse

(2) The following factors shall be considered in determining whether a spouse should be admitted to the Program:

    (a) the nature of the risk to the security of the spouse;

    (b) the nature of the injuries caused to the spouse or the severe psychological damage inflicted on the spouse by the other spouse and the criminal record, if any, of the other spouse;

    (c) the circumstances that cause the spouse to believe that the spouse's life is in danger;

    (d) alternate methods of protecting the spouse without admitting the spouse to the Program; and

    (e) such other factors as the Commissioner deems relevant.

9. 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 person is admitted to the Program as a witness,

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

Reasons for certain decisions

10. Where a decision is taken

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

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

    (a.1) with a law enforcement agency to enable a spouse to be admitted to the Program where the law enforcement agency believes on reasonable grounds that the life of that person is in danger because of acts committed by the person's spouse;

12. 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;

RELATED AND CONSEQUENTIAL AMENDMENT

R.S., c. R-10

ROYAL CANADIAN MOUNTED POLICE ACT

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

Complaints by public

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

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