Safer Witnesses Act (S.C. 2013, c. 29)
Full Document:
Assented to 2013-06-26
12. Section 11 of the Act and the heading before it are replaced by the following:
PROTECTION OF INFORMATION
Marginal note:Disclosures prohibited
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.
Marginal note:Means and methods of protection
(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.
Marginal note:Non-application — protected or other person
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.
Marginal note:Exception — Commissioner
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.
Marginal note:Other exceptions
(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).
Marginal note:Designated program protectee
(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.
Marginal note:Exception — other information
(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 securi-ty, 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.
Marginal note:Prior notification — protected person
(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.
Marginal note:Non-application
(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.
Marginal note:Prior notification — provincial official
(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.
Marginal note:Notification — provincial official
(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.
Marginal note:Exception — provincial official
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.
Marginal note:Other exceptions
(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).
Marginal note:Exception — other information
(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.
Marginal note:Prior notification — designated program protectee
(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.
Marginal note:Non-application
(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.
Marginal note:Exception — agreement or arrangement
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.
Marginal note:Prior notification
(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.
Marginal note:Further disclosures prohibited
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.
Marginal note:Exception — Commissioner’s request
(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.
Marginal note:Exception — provincial official’s request
(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.
Marginal note:Court — confidentiality
(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.
Marginal note:Exception — court
(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.
13. (1) The portion of section 12 of the Act before paragraph (a) is replaced by the following:
Marginal note:Factors to be considered
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):
(2) Paragraph 12(b) of the Act is replaced by the following:
(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;
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