Termination of protection and assistance – witness protection

Canada

Canada - Witness Protection Act 1996 (2015)

Witness Protection Program

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.

Rome Statute

Article 93 Other forms of cooperation

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:

(j) The protection of victims and witnesses and the preservation of evidence;