Witness Protection Program - Annual report: 2019-2020
Introduction
This is the twenty fourth annual report on the federal Witness Protection Program (WPP, or Program), as required by section 16 of the Witness Protection Program Act (WPPA or Act).
The WPPA was enacted in 1996, amended in 2014, and gives the Commissioner of the Royal Canadian Mounted Police (RCMP) the responsibility to promote law enforcement, national security, national defense and public safety by facilitating the protection of persons who are at risk of harm due to their assistance on criminal matters, or their relationship with someone who provides such assistance.
The WPP continues to be an effective tool in combatting cases that involve serious criminality. Confident in their protection, witnesses are able to safely provide evidence at trial without fear of retribution.
The statistics included in this report are based on the services provided by the RCMP between April 1, 2019 and March 31, 2020. Protectees include individuals from RCMP criminal investigations, individuals referred by other Canadian police services, and foreign protectees under subsection 14(2)Footnote 1 of the Act.
To avoid jeopardizing the safety of staff and any individual within the Program, these statistics have been provided without details concerning individual cases. The report strives to provide as much information as possible to the Canadian public without impacting the effectiveness and security of the Program.
Program Activities
In the 2019-20 reporting period, the WPP assessed 38 casesFootnote 2 for admission to the Program, based on section 7 of the WPPA. It is important to note that, while the value of a witness' participation in an investigation is one of the factors considered in their admission to the Program, investigating officers are in no way involved in the admission decision. The WPP's decisions are independent of investigations.
The WPP is administered by the RCMP on behalf of the Government of Canada and the Program is available to all law enforcement and security agencies in Canada as well as trusted international law enforcement agencies, with which the Program has entered into a formal agreement. Requests for protection are made to the WPP. Of the 38 cases referred to the WPP, 35 were from the RCMP, 3 were from an international partner, and none were from other Canadian police agencies. The percentage breakdown is displayed in Figure 1, below.
Figure 1: Cases referred to the RCMP for assessment for admission to the WPP
Figure 1: Cases referred to the RCMP for assessment for admission to the WPP - Text version
| Police agency | Number of cases |
|---|---|
| RCMP | 92 |
| Other police agencies | 0 |
| International | 8 |
A formal Protection Agreement sets out the basis of participation in the WPP and the obligations of the parties, and is signed by the individual and by the RCMP authority.
Between April 1, 2019 and March 31, 2020, 12 individuals were admitted into the WPP. During this same time period, 21 individuals were given alternate methods of protection and another 19 refused all forms of protection. Alternate methods of protection are normally provided in cases where individuals are found inadmissible or where they refuse to be admitted to the WPP. Reasons for refusal can include the individual's unwillingness to relocate due to personal reasons, or an objection to the conditions imposed, for example, abstaining from illegal activity, never returning to the threat area, etc. Although conditions are imposed to ensure the security of protected individuals and Program staff, all individuals enter the Program voluntarily and have the option of refusing admission based on their personal perspectives and preferences, or their perception of the risk to their security.
Figure 2: Individuals assessed
Figure 2: Individuals assessed - Text version
| Category | Number of individuals |
|---|---|
| Alternative methods of protection | 21 |
| Individuals refused | 19 |
| Protectees admitted | 12 |
Figure 2 depicts the number of individuals who were admitted, who refused admission, and who were provided with alternate methods of protection.
While individuals are deemed admitted to the Program for life, they may choose to leave it. This is classified as a voluntary termination. Examples of reasons given include a desire to return to a threat area or to engage in activities that are prohibited by the WPP.
Conversely, individuals who breach the conditions imposed on them and thus potentially threaten their own safety or the safety of Program staff, may be subject to an involuntary termination of protection if deemed necessary. This decision is made by the Assistant Commissioner who has the delegated authority to both admit individuals into the Program and to terminate the protection provided to them.
Throughout this reporting period, six individuals voluntarily terminated from the Program and no individuals were terminated non-voluntarily.
Effectiveness of the WPP
The WPP reports that no individual protectees were injured or killed during the reporting period. Operationally, the Program continues to contribute to the overall mandate of a safe and secure Canada through the protection of key witnesses in cases that involve serious criminality.
The Program continues to modernize and transform, implementing various initiatives to further improve its service to protectees. For example, working with family courts and child welfare agencies and investing in data to assess the impact of gender and ethnicity.
Integrity and Accountability
There were no cases of civil litigation filed and no public complaints directly against the WPP during this reporting periodFootnote 3.
The WPP inevitably deals with trials given its duty to protect those who testify or assist law enforcement. As such, the WPP is required to disclose materials related to witnesses in trials on a regular basis.
Expenditures
The WPP is administered by the RCMP and funded from within the RCMP budget. A table of costs for the 2019-20 fiscal year is provided in Figure 3 below. It includes wages and benefits for personnel, travel costs, administrative and protectee relocation expenses totaling $ 16.01M. This total also includes the cost of internal services of $ 2.46M, which encompasses financial management, legal services, real property services and human resources.
These costs do not take into consideration expenses incurred by other law enforcement agencies, including other WPPs.
Figure 3: RCMP expenditures on WPP for 2019-20
| Category | Amount in Canadian dollars | % of total expenditures |
|---|---|---|
| Compensation | $ 7,073,469.77 | 44.16 % |
| Other police department secondments | $ 23,353.83 | 0.15 % |
| Travel | $ 223,810.72 | 1.40 % |
| Administration | $ 747,775.72 | 4.67 % |
| Witness protection expenses | $ 1,352,402.00 | 8.44 % |
| Miscellaneous | $ 887,623.35 | 5.54 % |
| Civil litigation costs | $ 0.00 | 0.00 % |
| Employee benefit plans | $ 3,241,852.00 | 20.24 % |
| Internal services | $ 2,467,217.00 | 15.40 % |
| Total | $ 16,017,504.39 | 100.00% |
Figure 4: Total expenditure
Figure 4: Total expenditure - Text version
| Category | % of total expenditure |
|---|---|
| Civil litigation costs | 0 % |
| Other police department secondments | 0.15 % |
| Travel | 1.4 % |
| Administration | 4.67 % |
| Miscellaneous | 5.54 % |
| Witness protection expenses | 8.44 % |
| Internal services | 15.4 % |
| Employee benefit plans | 20.24 % |
| Compensation | 44.16 % |
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