Purpose of Act
3. The purpose of this Act is to promote law enforcement, national security, national defence and public safety by facilitating the protection of persons
(a) 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 under 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;.
(b) who are involved directly or indirectly in providing assistance to a federal security, defence or safety organization; or
(c) who have been admitted to a designated program.
Witness Protection Program
4. A program to facilitate the protection of witnesses is hereby established called the Witness Protection Program to be administered by the Commissioner.
5. Subject to this Act, the Commissioner may determine whether a witness should be admitted to the Program and the type of protection to be provided to any protectee in the Program.
6. (1) A witness shall not be admitted to the Program unless
(a) a recommendation for the admission has been made by a law enforcement agency, a federal security, defence or safety organization or an international criminal court or tribunal;
(b) the Commissioner has been provided by the witness with such information, in accordance with any regulations made for the purpose, concerning the personal history of the witness as will enable the Commissioner to consider the factors referred to in section 7 in respect of the witness; and
(c) an agreement has been entered into by or on behalf of the witness with the Commissioner setting out the obligations of both parties.
(2) Despite subsection (1), the Commissioner may, in a case of emergency, and for a period of not more than 90 days, provide protection to a person who has not entered into a protection agreement. The Commissioner may, if the emergency persists, provide protection for one additional period of not more than 90 days.
7. The Commissioner shall consider the following factors in determining whether a witness should be admitted to the Program:
(a) the nature of the risk to the security of the witness;
(b) the danger to the community if the witness is admitted to the Program;
(c) the nature of the inquiry, investigation or prosecution involving the witness — or the nature of the assistance given or agreed to be given by the witness to a federal security, defence or safety organization — and the importance of the witness in the matter;
(d) the value of the witness’s participation or of the information, evidence or assistance given or agreed to be given by the witness;
(e) the likelihood of the witness being able to adjust to the Program, having regard to the witness’s maturity, judgment and other personal characteristics and the family relationships of the witness;
(f) the cost of maintaining the witness in the Program;
(g) alternate methods of protecting the witness without admitting the witness to the Program; and
(h) such other factors as the Commissioner deems relevant.
8. A protection agreement is deemed to include an obligation
(a) on the part of the Commissioner, to take such reasonable steps as are necessary to provide the protection referred to in the agreement to the protectee; and
(b) on the part of the protectee,
(i) to give the information or evidence or participate as required in relation to the inquiry, investigation or prosecution — or to give to the federal security, defence or safety organization the assistance — in respect of which the protection is provided under the agreement relates,
(ii) to meet all financial obligations incurred by the protectee at law that are not by the terms of the agreement payable by the Commissioner,
(iii) to meet all legal obligations incurred by the protectee, including any obligations regarding the custody and maintenance of children,
(iv) to refrain from activities that constitute an offence against an Act of Parliament or that might compromise the security of the protectee, another protectee or the Program, and
(v) to accept and give effect to reasonable requests and directions made by the Commissioner in relation to the protection provided to the protectee and the obligations of the protectee.
8.1 (1) A protectee may request that the Commissioner terminate the protection provided to the protectee.
(2) The Commissioner shall meet in person with the protectee to discuss their request and shall terminate the protection provided to them if, either at the meeting or afterwards, they confirm their request in the form and manner that the Commissioner considers appropriate in the circumstances.
(3) The termination takes effect on the day on which the request is confirmed or on a later day that the protectee may specify.
9 (1) The Commissioner may terminate the protection provided to a protectee if the Commissioner has evidence that there has been
(a) a material misrepresentation or a failure to disclose information relevant to the admission of the protectee to the Program; or
(b) a deliberate and material contravention of the obligations of the protectee under the protection agreement.
(2) The Commissioner shall, before terminating the protection provided to a protectee, take reasonable steps to notify the protectee and allow the protectee to make representations concerning the matter.
10. Where a decision is taken
(a) to refuse to admit a witness to the Program, the Commissioner shall provide the body that recommended the admission or, in the case of a witness recommended by the Force, the witness, with written reasons to enable the body or witness to understand the basis for the decision; or
(b) to terminate protection without the consent of a protectee, the Commissioner shall provide the protectee with written reasons to enable the protectee to understand the basis for the decision.
Designated Programs
10.1 (1) At the request of a provincial minister who is responsible for a provincial or municipal program that facilitates the protection of witnesses and on the Minister’s recommendation, the Governor in Council may, by regulation, designate the program by adding its name to the schedule.
(2) In his or her request, the provincial minister shall designate an official of the applicable province or municipality to be the program’s provincial official.
(3) The provincial minister may replace the provincial official by designating another official of the applicable province or municipality and shall notify the Minister without delay of any such replacement.
10.2 On the Minister’s recommendation, the Governor in Council may, by regulation, delete the name of a program from the schedule.
10.3 (1) At a provincial official’s request, the Commissioner shall coordinate the activities of federal departments, agencies and services in order to facilitate a change of identity for a designated program protectee.
(2) The provincial official shall provide any information that the Commissioner requires for the purpose of subsection (1).
Protection of Information
11. (1) Subject to sections 11.1 to 11.5, no person shall directly or indirectly disclose
(a) any information that reveals, or from which may be inferred, the location or a change of identity of a person that they know is a protected person;
(b) any information about the means and methods by which protected persons are protected, knowing that or being reckless as to whether the disclosure could result in substantial harm to any protected person; or
(c) the identity and role of a person who provides protection or directly or indirectly assists in providing protection, knowing that or being reckless as to whether the disclosure could result in substantial harm to
(i) that person,
(ii) a member of that person’s family, or
(iii) any protected person.
(2) For the purpose of paragraph (1)(b), information about the means and methods by which protected persons are protected includes information about
(a) covert operational methods used to provide protection;
(b) covert administrative methods used to support the provision of protection;
(c) any means used to record or exchange confidential information relating to protection or used to gain access to that information; and
(d) the location of facilities used to provide protection.
11.1 Paragraph 11(1)(a) does not apply to
(a) a protected person who discloses information about themselves, if the disclosure could not result in substantial harm to any protected person; or
(b) a person who discloses information that was disclosed to them by a protected person, if the disclosure could not result in substantial harm to any protected person.
11.2 (1) The Commissioner may make a disclosure described in paragraph 11(1)(a) that relates to
(a) a protectee, for the purpose of providing protection to them; or
(b) a designated program protectee, for the purpose of facilitating a change of identity for them.
(2) The Commissioner may make a disclosure described in paragraph 11(1)(a) that relates to a protected person if
(a) the protected person consents to the disclosure;
(b) the protected person has previously made such a disclosure or acted in a manner that results in such a disclosure;
(c) the Commissioner has reasonable grounds to believe that the disclosure is essential for the purposes of the administration of justice, including
(i) investigating a serious offence if there is reason to believe that the protected person can provide material information or evidence in relation to, or has been involved in the commission of, the offence,
(ii) preventing the commission of a serious offence, or
(iii) establishing the innocence of a person in criminal proceedings;
(d) the Commissioner has reasonable grounds to believe that the disclosure is essential for the purposes of national security or national defence; or
(e) the disclosure is made in accordance with an agreement or arrangement entered into under subsection 14.1(1).
(3) The Commissioner is only permitted to make a disclosure under paragraph (2)(c) that relates to a current or former designated program protectee if, in the Commissioner’s opinion, the urgency of the situation requires the disclosure or if the appropriate provincial official consents to it.
(4) The Commissioner may make a disclosure described in paragraph 11(1)(b) or (c)
(a) that relates to the Program or a person associated with it, if the Commissioner has reasonable grounds to believe that the disclosure is essential for the purposes of the administration of justice, national security, national defence or public safety; and
(b) that relates to a current or former designated program or a person associated with it, if the Commissioner has reasonable grounds to believe that the disclosure is essential for the purposes of national security or national defence.
(5) The Commissioner shall, before making a disclosure under paragraph (2)(b), (c) or (e), take reasonable steps to notify the protected person and allow them to make representations concerning the matter.
(6) Subsection (5) does not apply if, in the Commissioner’s opinion, the notification would impede the investigation of an offence, could compromise national security, national defence or public safety or could result in substantial harm to any protected person or to any person providing protection or directly or indirectly assisting in providing protection.
(7) The Commissioner shall notify the appropriate provincial official of a disclosure under paragraph (2)(a) or (b) that relates to a current or former designated program protectee before the disclosure is made.
(8) The Commissioner shall notify the appropriate provincial official of a disclosure referred to in subsection (3) as soon as feasible after making it, if it was made on the basis of the urgency of the situation.
11.3 (1) The appropriate provincial official may make a disclosure described in paragraph 11(1)(a) that relates to a designated program protectee for the purpose of providing protection to them.
(2) The appropriate provincial official may make a disclosure described in paragraph 11(1)(a) that relates to a current or former designated program protectee if
(a) the current or former designated program protectee consents to the disclosure;
(b) the current or former designated program protectee has previously made such a disclosure or acted in a manner that results in such a disclosure;
(c) the provincial official has reasonable grounds to believe that the disclosure is essential for the purposes of the administration of justice, including
(i) investigating a serious offence if there is reason to believe that the current or former designated program protectee can provide material information or evidence in relation to, or has been involved in the commission of, the offence,
(ii) preventing the commission of a serious offence, or
(iii) establishing the innocence of a person in criminal proceedings; or
(d) the disclosure is made in accordance with an agreement or arrangement entered into under subsection 14.1(2).
(3) A provincial official may make a disclosure described in paragraph 11(1)(b) or (c) that relates to their designated program or to a person associated with it if the provincial official has reasonable grounds to believe that the disclosure is essential for the purposes of the administration of justice or public safety.
(4) The provincial official shall, before making a disclosure under any of paragraphs (2)(b) to (d), take reasonable steps to notify the current or former designated program protectee and allow them to make representations concerning the matter.
(5) Subsection (4) does not apply if, in the provincial official’s opinion, the notification would impede the investigation of an offence, could compromise public safety or could result in substantial harm to any current or former designated program protectee or to any person providing protection or directly or indirectly assisting in providing protection.
11.4 (1) A party, other than the Commissioner or a provincial official, who has entered into an agreement or arrangement under subsection 14.1(1) or (2) may make a disclosure described in paragraph 11(1)(a) in accordance with the agreement or arrangement.
(2) The party shall, before making a disclosure under subsection (1), take reasonable steps to notify the protected person and allow them to make representations concerning the matter.
11.5 (1) Subject to this section, a person to whom information is disclosed under sections 11.2 to 11.4 is not authorized to disclose that information to anyone else.
(2) A person may, for the purpose of providing protection to a protectee or of changing a designated program protectee’s identity, disclose that information to the extent that is necessary to give effect to a Commissioner’s request that is made for that purpose.
(3) A person may, for the purpose of providing protection to a designated program protectee, disclose that information to the extent that is necessary to give effect to a provincial official’s request that is made for that purpose.
(4) Once a disclosure described in subsection 11(1) is made to a court, the court shall take any measures that it considers necessary to ensure that the information remains confidential.
(5) A court may make a disclosure described in subsection 11(1) for the purpose of preventing a miscarriage of justice, but in doing so it shall disclose only the information that it considers necessary for that purpose and shall disclose the information only to persons who require it for that purpose.
12 The Commissioner or a provincial official shall consider the following factors in determining whether to make a disclosure under section 11.2 or 11.3, as the case may be, except for a disclosure under paragraph 11.2(2)(e) or 11.3(2)(d):
(a) the reasons for the disclosure;
(b) the danger or adverse consequences of the disclosure in relation to a person and the integrity of the Program or of a designated program, as the case may be;
(c) the likelihood that the information will be used solely for the purpose for which the disclosure is made;
(d) whether the need for the disclosure can be effectively met by another means; and
(e) whether there are effective means available to prevent further disclosure of the information.
12.1 Informer privilege at common law prevails over any authority to disclose information provided under this Act.
13 A person shall not be liable or otherwise punished for making a claim that the new identity of a protected person, whose identity has been changed as a consequence of the protection provided under the Program or under a designated program, is and has been the protected person’s only identity.
13.1 A person who provides protection or directly or indirectly assists in providing protection under the Program or under a designated program shall not be liable or otherwise punished for making a claim that they do not
(a) provide or assist in providing protection; or
(b) know a protected person or know that a person is a protected person.
Agreements and Arrangements
14 (1) The Commissioner may enter into an agreement
(a) with a law enforcement agency to enable a witness who is involved in activities of the law enforcement agency to be admitted to the Program;
(b) with the Attorney General of a province in respect of which an arrangement has been entered into under section 20 of the Royal Canadian Mounted Police Act to enable a witness who is involved in activities of the Force in that province to be admitted to the Program; and
(c) with any provincial authority in order to obtain documents and other information that may be required for the protection of a protectee.
(2) The Minister may enter into a reciprocal arrangement with the government of a foreign jurisdiction to enable a witness who is involved in activities of a law enforcement agency in that jurisdiction to be admitted to the Program, but no such person may be admitted to Canada pursuant to any such arrangement without the consent of the Minister of Citizenship and Immigration nor admitted to the Program without the consent of the Minister.
(3) The Minister may enter into an arrangement with an international criminal court or tribunal to enable a witness who is involved in activities of that court or tribunal to be admitted to the Program, but no such person may be admitted to Canada pursuant to any such arrangement without the consent of the Minister of Citizenship and Immigration, nor admitted to the Program without the consent of the Minister.
14.1 (1) The Commissioner may enter into an agreement or arrangement with a federal department, agency or service regarding disclosures — that are described in paragraph 11(1)(a) and that relate to a current or former protectee — to each other or to another federal department, agency or service or any provincial department, agency or service.
(2) A provincial official may enter into an agreement or arrangement with a provincial department, agency or service of the same province as that official regarding disclosures — that are described in paragraph 11(1)(a) and that relate to a current or former designated program protectee — to each other or to another department, agency or service of the same province or any federal department, agency or service.
(3) The Commissioner or a provincial official shall consider the factors set out in paragraphs 12(a) to (e) in determining whether to enter into an agreement or arrangement and in establishing its terms.
(4) An agreement or arrangement shall include the following terms:
(a) a party is not permitted to make a disclosure unless it is for a purpose that is essential for the administration of justice or public safety and that is specified in the agreement or arrangement; and
(b) the parties shall take whatever steps are necessary, including any steps specified in the agreement or arrangement, to protect information that is disclosed from being disclosed beyond what is strictly necessary in the circumstances.
(5) More than one department, agency or service may be party to a single agreement or arrangement.
General
15 (1) The Commissioner may delegate to any member of the Force any of his or her powers, duties and functions under this Act, except the power to delegate under this section and the power to
(a) determine whether to disclose information under any of paragraphs 11.2(2)(b) to (d) and subsection 11.2(4);
(b) enter into an agreement or arrangement under subsection 14.1(1);
(c) designate an Assistant Commissioner to be responsible for the Program; and
(d) determine whether to admit a witness to the Program, to change the identity of a protectee and to terminate the protection provided to a protectee.
(2) The Commissioner may designate an Assistant Commissioner to be responsible for the Program and, despite paragraph (1)(d), may delegate the powers set out in that paragraph to that Assistant Commissioner.
15.1 A provincial official may delegate to any official of the same province or municipality any of his or her powers, duties and functions under this Act, except the power to
(a) determine whether to disclose information under paragraphs 11.3(2)(b) and (c) and subsection 11.3(3); and
(b) enter into an agreement or arrangement under subsection 14.1(2).
16 (1) The Commissioner shall, not later than June 30 each year, submit a report on the operation of the Program during the preceding fiscal year to the Minister.
(2) The Minister shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives the report.
17 The Commissioner shall give effect to any directions that the Minister may make concerning matters of general policy that are related to the administration of the Program and to the coordination of activities under this Act respecting a designated program.
18 Subject to the confidentiality requirements imposed by any other Act of Parliament, federal departments, agencies and services shall, to the extent possible, cooperate with the Commissioner and persons acting on his or her behalf in the administration of the Program and of activities under this Act respecting a designated program.
19 Every agreement in existence on the day on which this Act comes into force entered into by or on behalf of the Commissioner to provide protection to a person or entered into on behalf of the Government of Canada relating to the protection of persons is, to the extent that it is consistent with this Act, deemed to have been entered into under the relevant provisions of this Act and shall be governed by this Act.
20 The Governor in Council may make regulations for the purpose of giving effect to this Act including, without limiting the generality of the foregoing, regulations
(a) specifying the types of information to be provided in respect of a witness who is being considered for admission to the Program;
(b) respecting the terms that must be included in protection agreements or in agreements or arrangements entered into under section 14; and
(c) governing the procedures to be followed in order to involve a protectee in legal proceedings.
Offence
21 Every person who contravenes subsection 11(1) is guilty of an offence and liable
(a) on conviction on indictment, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding five years, or to both; or
(b) on summary conviction, to a fine not exceeding $5,000 or to imprisonment for a term not exceeding two years, or to both.
1. The Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses. In so doing, the Court shall have regard to all relevant factors, including age, gender as defined in article 7, paragraph 3, and health, and the nature of the crime, in particular, but not limited to, where the crime involves sexual or gender violence or violence against children. The Prosecutor shall take such measures particularly during the investigation and prosecution of such crimes. These measures shall not be prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
2. As an exception to the principle of public hearings provided for in article 67, the Chambers of the Court may, to protect victims and witnesses or an accused, conduct any part of the proceedings in camera or allow the presentation of evidence by electronic or other special means. In particular, such measures shall be implemented in the case of a victim of sexual violence or a child who is a victim or a witness, unless otherwise ordered by the Court, having regard to all the circumstances, particularly the views of the victim or witness.
3. Where the personal interests of the victims are affected, the Court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court and in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. Such views and concerns may be presented by the legal representatives of the victims where the Court considers it appropriate, in accordance with the Rules of Procedure and Evidence.
4. The Victims and Witnesses Unit may advise the Prosecutor and the Court on appropriate protective measures, security arrangements, counselling and assistance as referred to in article 43, paragraph 6.
5. Where the disclosure of evidence or information pursuant to this Statute may lead to the grave endangerment of the security of a witness or his or her family, the Prosecutor may, for the purposes of any proceedings conducted prior to the commencement of the trial, withhold such evidence or information and instead submit a summary thereof. Such measures shall be exercised in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
6. A State may make an application for necessary measures to be taken in respect of the protection of its servants or agents and the protection of confidential or sensitive information.
1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:
(a) The identification and whereabouts of persons or the location of items;
(b) The taking of evidence, including testimony under oath, and the production of evidence, including expert opinions and reports necessary to the Court;
(c) The questioning of any person being investigated or prosecuted;
(d) The service of documents, including judicial documents;
(e) Facilitating the voluntary appearance of persons as witnesses or experts before the Court;
(f) The temporary transfer of persons as provided in paragraph 7;
(g) The examination of places or sites, including the exhumation and examination of grave sites;
(h) The execution of searches and seizures;
(i) The provision of records and documents, including official records and documents;
(j) The protection of victims and witnesses and the preservation of evidence;
(k) The identification, tracing and freezing or seizure of proceeds, property and assets and instrumentalities of crimes for the purpose of eventual forfeiture, without prejudice to the rights of bona fide third parties; and
(l) Any other type of assistance which is not prohibited by the law of the requested State, with a view to facilitating the investigation and prosecution of crimes within the jurisdiction of the Court.
2. The Court shall have the authority to provide an assurance to a witness or an expert appearing before the Court that he or she will not be prosecuted, detained or subjected to any restriction of personal freedom by the Court in respect of any act or omission that preceded the departure of that person from the requested State.
3. Where execution of a particular measure of assistance detailed in a request presented under paragraph 1, is prohibited in the requested State on the basis of an existing fundamental legal principle of general application, the requested State shall promptly consult with the Court to try to resolve the matter. In the consultations, consideration should be given to whether the assistance can be rendered in another manner or subject to conditions. If after consultations the matter cannot be resolved, the Court shall modify the request as necessary.
4. In accordance with article 72, a State Party may deny a request for assistance, in whole or in part, only if the request concerns the production of any documents or disclosure of evidence which relates to its national security.
5. Before denying a request for assistance under paragraph 1 (l), the requested State shall consider whether the assistance can be provided subject to specified conditions, or whether the assistance can be provided at a later date or in an alternative manner, provided that if the Court or the Prosecutor accepts the assistance subject to conditions, the Court or the Prosecutor shall abide by them.
6. If a request for assistance is denied, the requested State Party shall promptly inform the Court or the Prosecutor of the reasons for such denial.
(a) The Court may request the temporary transfer of a person in custody for purposes of identification or for obtaining testimony or other assistance. The person may be transferred if the following conditions are fulfilled:
(i) The person freely gives his or her informed consent to the transfer; and
(ii) The requested State agrees to the transfer, subject to such conditions as that State and the Court may agree.
(b) The person being transferred shall remain in custody. When the purposes of the transfer have been fulfilled, the Court shall return the person without delay to the requested State.
(a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.
(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.
(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.
(i) In the event that a State Party receives competing requests, other than for surrender or extradition, from the Court and from another State pursuant to an international obligation, the State Party shall endeavour, in consultation with the Court and the other State, to meet both requests, if necessary by postponing or attaching conditions to one or the other request.
(ii) Failing that, competing requests shall be resolved in accordance with the principles established in article 90.
(b) Where, however, the request from the Court concerns information, property or persons which are subject to the control of a third State or an international organization by virtue of an international agreement, the requested States shall so inform the Court and the Court shall direct its request to the third State or international organization.
(a) The Court may, upon request, cooperate with and provide assistance to a State Party conducting an investigation into or trial in respect of conduct which constitutes a crime within the jurisdiction of the Court or which constitutes a serious crime under the national law of the requesting State.
(b)
(i) The assistance provided under subparagraph (a) shall include, inter alia:
a. The transmission of statements, documents or other types of evidence obtained in the course of an investigation or a trial conducted by the Court; and
b. The questioning of any person detained by order of the Court;
(ii) In the case of assistance under subparagraph (b) (i) a:
a. If the documents or other types of evidence have been obtained with the assistance of a State, such transmission shall require the consent of that State;
b. If the statements, documents or other types of evidence have been provided by a witness or expert, such transmission shall be subject to the provisions of article 68.
(c) The Court may, under the conditions set out in this paragraph, grant a request for assistance under this paragraph from a State which is not a Party to this Statute.