Bill C-206

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First Reading

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	1nd Session, 35th Parliament, 42 Elizabeth II, 1994
	The House of Commons of Canada
	BILL C-206
	An Act to provide for the relocation and protection of witnesses
	Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
	SHORT TITLE
Short title	1. This Act may be cited as the Witness Protection Act.
	INTERPRETATION
``Minister'' « ministre »	2. In this Act, ``Minister'' means such member of the Queen's Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act.
	RELOCATION AND PROTECTION
Relocation and protection	3. The Minister may, where the Minister considers it appropriate in the interests of justice, take action to relocate and protect
	(a) a witness or a potential witness in any proceeding under an Act of the Parliament of Canada, or
	(b) any member of the immediate family of a person referred to in paragraph (a), or any person closely associated with a person referred to in paragraph (a),
	where the Minister believes that there is a substantial risk of violence being directed towards a person referred to in paragraphs (a) or (b), in an attempt to interfere with the course of justice, and where the person to be relocated and protected consents to the relocation and protection.
Factors to consider	4. (1) In deciding whether to relocate and protect any person under this Act, the Minister shall have regard to
	(a) the degree of danger to the person;
	(b) any alternatives to providing relocation and protection under this Act;
	(c) any information that the Minister possesses about the psychological condition of the person;
	(d) whether providing relocation and protection will interfere with the relationship between a child who will be relocated, and a parent who will not be relocated; and
	(e) any other factor that the Minister considers to be relevant.
Danger to public	(2) The Minister shall not relocate and protect any person under this Act where the Minister is of the opinion that the risk of danger to the public associated with providing relocation and protection would outweigh the potential benefits.
Minister may take action	5. (1) Where the Minister decides to relocate and protect a person under this Act, the Minister may take such action as the Minister considers necessary to protect the safety, health and well-being of the person, and without restricting the generality of the foregoing, may
	(a) provide suitable documents to assist the person in establishing a new identity, or to otherwise assist in protecting the person;
	(b) provide accommodation for the person;
	(c) provide for the transportation of the personal property of the person to a new residence;
	(d) provide the person with money to meet living expenses;
	(e) assist the person in obtaining employment; and
	(f) provide any other service that will assist the person in becoming financially self-sustaining.
	DEDUCTIONS FROM PAYMENTS
Deductions	(2) The Minister may make deductions from any payments to a person under subsection (1) and pay the amounts deducted to meet the person's obligations to support a spouse, former spouse or child.
	DISCLOSURE OF INFORMATION
Refusal to disclose	6. (1) Subject to subsection (2), and notwithstanding any other provision of law, the Minister may refuse to disclose the identity of any person who has been relocated and protected under this Act, or any information about any action taken in the course of relocating and protecting any person under this Act.
Minister to disclose	(2) The Minister shall disclose to a law enforcement agency any information about a person relocated and protected under this Act that the Minister believes will assist in the investigation or prosecution of an indictable offence.
	MEMORANDUM OF UNDERSTANDING
Memorandum of understand- ing	7. (1) Before providing relocation and protection under this Act to a person who is eighteen years of age or older, the Minister shall enter into a memorandum of understanding with the person.
Responsibi- lities of protected person	(2) A memorandum of understanding shall set out the responsibilities of the person who is to be relocated and protected, including the agreement of the person
	(a) to testify in all appropriate proceedings, and to provide relevant information to law enforcement officials, where the person is a witness or potential witness;
	(b) not to commit a criminal offence;
	(c) to take all necessary steps to avoid detection by others of the measures taken to relocate and protect the person;
	(d) to comply with the person's legal obligations;
	(e) to co-operate with all reasonable requests of the Minister and of persons who are engaged in providing protection to the person;
	(f) to designate another person to act as the person's agent for the service of process;
	(g) to inform the Minister of all of the person's outstanding legal obligations, including any obligations regarding the custody and maintenance of children; and
	(h) to regularly inform the Minister, in such manner as the Minister may require, of the person's location and activities.
Responsibi- lities of Minister	(3) A memorandum of understanding shall set out the responsibilities assumed by the Minister toward the person who is to be relocated and protected.
Procedures	(4) A memorandum of understanding shall set out the procedures to be followed in case of a breach of any of its provisions, and shall provide for a procedure for the resolution of disputes.
Emergencies	(5) Notwithstanding subsection (1), the Minister may, in the case of an emergency, relocate and protect, for not more than thirty days, a person who has not entered into a memorandum of understanding.
Failure to comply	8. The Minister may terminate any assistance provided to a person under this Act where the person has failed to comply with a provision of a memorandum of understanding.
	AGREEMENTS
Agreements	9. The Minister may enter into agreements with any government, or any person or organization, in order to carry out the purposes and provisions of this Act, or of a memorandum of understanding.
	UNAVAILABILITY OF JUDICIAL REVIEW
Minister's decision final	10. No decision made by the Minister under section 3, 5 or 6 of this Act is subject to review or appeal in any court.
	NO LIABILITY
No liability	11. No decision made by the Minster under section 3, 5 or 6 of this Act gives rise to any civil liability on the part of Her Majesty or the Minister or any person or agency acting on behalf or Her Majesty or the Minister.
	APPROPRIATION BY PARLIAMENT
Appropria- tion by Parliament	12. No payments shall be made out of the Consolidated Revenue Fund to defray the expenses necessary for the implementation of this Act without the authority of an appropriation made by Parliament for such purpose.

Bill C-206

BILL C-206