British Columbia Committee Hansard (Blues) — Thursday, March 7, 2019, p.m., Issue 218 (41st Parliament, 4th Session)
20190307pm-CommitteeA-Blues
British Columbia — Debates (Hansard)
Fourth Session, 41st Parliament
(2019) OFFICIAL REPORT
OF DEBATES
(HANSARD)
Thursday, March 7, 2019
Afternoon Sitting
Issue No. 218
ISSN 1499-2175
The HTML transcript is provided for informational purposes only.
The PDF transcript remains the official digital version.
CONTENTS
Orders of the Day
Second Reading of Bills
Bill 4 — Witness Security Act
Hon. M. Farnworth
M. Morris
Hon. J. Sims
R. Coleman
M. Dean
B. Stewart
J. Brar
S. Cadieux
R. Singh
A. Weaver
G. Begg
Hon. H. Bains
Hon. M. Farnworth
Committee of the Whole House
Bill 9 — Attorney General Statutes Amendment Act, 2019
Hon. D. Eby
M. Lee
Report and Third Reading of Bills
Bill 9 — Attorney General Statutes Amendment Act, 2019
Committee of the Whole House
Bill 3 — Municipal Affairs and Housing Statutes Amendment Act, 2019
Hon. S. Robinson
L. Throness
J. Sturdy
Report and Third Reading of Bills
Bill 3 — Municipal Affairs and Housing Statutes Amendment Act, 2019
Proceedings in the Douglas Fir Room
Committee of Supply
Estimates: Ministry of Children and Family Development (continued)
L. Throness
Hon. K. Chen
Estimates: Ministry of Advanced Education, Skills and Training
Hon. M. Mark
S. Gibson
R. Sultan
S. Bond
A. Weaver
THURSDAY, MARCH 7, 2019
The House met at 1:32 p.m.
[Mr. Speaker in the chair.]
Orders of the Day
Hon. M. Farnworth: In this chamber, I call second reading of Bill 4, Witness Security Act. In
Section A, the Douglas Fir Room, I call continued debate on the estimates of the
Ministry of Children and Family and, when that finishes, the Ministry of
Advanced Education, Skills and Training estimates.
Second Reading of Bills
BILL 4 — WITNESS SECURITY ACT
Hon. M. Farnworth: I move that Bill 4 now be read a second time.
Mr. Speaker, it’s my pleasure to rise today to speak about Bill 4,
the Witness Security Act. This proposed legislation will provide an
important tool to police and Crown as we work to address gang and gun
violence in the province of British Columbia.
[J. Isaacs in the chair.]
Based on 2017 numbers for Canada, British Columbia recorded the
largest provincial increase and the highest proportion of gang-related
homicides in 2017 and is the only province in which gang-related
homicides represented a third or more of total homicides two years
running — in 2016 and 2017. Such violence is used to establish and
maintain drug supply chains. An increase in dial-a-dope operations also
encourages the violence. Proactive and preventative approaches are
needed.
Witness evidence is the key to obtaining successful convictions in
criminal cases. This legislation is aimed at securing and retaining
cooperating witnesses to provide essential evidence in order to support
the prosecution of organized crime here in British Columbia. This
legislation establishes the witness security program. The program will
supplement the federal witness protection program. The Witness Security
Act is modelled on legislation in Alberta, Saskatchewan and Manitoba but
in many ways is a made-in-B.C. and cutting-edge approach.
[1:35 p.m.]
The legislation prioritizes not only the safety of the protected
individual but also their health, which are vital to them attending and
providing testimony at trial and helping to secure successful
convictions. Successful prosecutions will send a message to those
involved in organized crime that the province is taking firm action on
gang violence and will increase overall public safety. The legislation
empowers law enforcement agencies to apply to the program on behalf of a
witness or a person associated with the witness, such as a family member
who is also under threat. The program will be voluntary and require the
cooperation of the participant. Participants may withdraw from the
program at any time.
The legislation establishes a director of witness security within
the provincial government who will receive applications to the program
and complete an initial eligibility assessment. A law enforcement agency
with expertise in witness protection will be designated to provide
security and arrange for services to program participants. The director
of witness security is empowered to seek information and require
cooperation from public bodies and agencies within British Columbia in
order to assess someone’s suitability for the program.
Sponsoring law enforcement agencies will provide the director with
information on the individual’s legal obligations; medical records,
including mental health; family circumstances and cultural support
needs; and any other information the director requires to facilitate
success in the program. In order to be eligible for the program, the
witness’s testimony must be of a substantial value to a B.C.
prosecution, and the individual’s health or security must be at risk in
a way that is not being met through other means.
Once the director has determined that someone is eligible, they
will refer the application to a committee of subject-matter experts. The
committee chairperson will then convene a panel made up of three to five
members from the committee to make the final decision on accepting
someone into the program. Panels will ultimately determine eligibility
for the program, duration of program participation and nature and scope
of program services in a service plan, such as health and addictions
support, temporary financial support and/or housing, assistance
complying with legal obligations, transportation of people and
possessions to and from a secure location and change of identity. A
protected individual must sign a statement of obligations setting out
the nature, scope and duration of the program services and any other
conditions.
The director will have the authority to authorize temporary
program services in urgent cases. This ensures flexibility and a quick
response time that is lacking at the federal level. If an applicant is
rejected, then the sponsoring law enforcement agency may apply for
reconsideration or submit another application with new information. In
order to ensure program entrance, the individual sponsoring law
enforcement agency must enter into payment arrangements with a
designated operational agency. The province may pay for program services
for up to ten days in urgent cases while a payment arrangement is
created to ensure that an individual is secure.
The panel may terminate a participant from the program or service
plan when and how it may end. Former program participants may continue
to receive some program services, such as transportation to and from a
secure location, as necessary.
Confidentiality is essential to program effectiveness. The
legislation provides for a comprehensive list of offences with
significant penalties. A key example of an offence is the prohibition on
improperly disclosing sensitive information pertaining to a protected
individual. The penalties are high, as they are intended to have a
significant deterrent value. They include up to $50,000 or two years in
jail, or both, for individuals and up to $100,000 for
corporations.
The Witness Security Act is exempt from disclosure of sensitive
information under the Freedom of Information and Protection of Privacy
Act and the public information disclosure act in order to ensure that
the program participants are kept safe. The Witness Security Act should
be seen as one of many tools that we are putting in place for the public
safety sector to address gang violence.
[1:40 p.m.]
This piece of legislation will allow us to have a witness security
act that is designed to meet the needs of this province, its unique
circumstances, the ability to deal in a way that the federal legislation
does not allow us to do. That is something that we have been lacking for
some time.
It has been a priority for police agencies in this province. It is
one that has been developed not only in consultation with police
agencies but with agencies outside of government — judiciary, legal
advice and experts. This is an important advancement to build on the
work that has been done in previous years in terms of combating gang
violence. That is why I’m pleased to have this legislation for the
House, and I ask for its support from all members.
M. Morris: From the outset, as well, I just want to say that we do support
this. There are some concerns that we’ll bring up in committee stage, as
with any new legislation. But anything we can do to provide the tools
and the support for our law enforcement officers, for our prosecution
and for the judiciary in the prosecution of these criminals in British
Columbia, I think we should be doing, and this is a step in the right
direction.
I go back in time — a little bit of history, of course, from my
previous life. Up until the Charter of Rights and Freedoms in British
Columbia, the police had the ability to keep confidential the names of
those vulnerable witnesses that would testify in support of gang
activity or homicides or a myriad of criminal activity across the
province here. Of course, with the Charter of Rights and Freedoms, the
complexities of police changed. The increase in the resources required
to investigate these offences changed and multiplied
extensively.
The most significant piece of legislation that came along that
affected disclosure and how we do business today was the Stinchcombe
decision from the early ’90s — 1991, I believe. That’s a case that went
to the Supreme Court of Canada. The Supreme Court of Canada basically
said that the collection of evidence is not for the prosecution of an
individual — I’m paraphrasing here — but it is to ensure that justice is
done. That opened up a wide variety of problems and issues for policing
and for prosecution.
There were a number of cases that had to be stayed at that
particular time — very serious cases, as well — because it would have
revealed the names of informants and undercover operations and sources
and agents and whatnot. The police forces right across Canada had to
change how they did business as a result of that particular decision. As
the cases progressed over the years, we have now morphed into the
systems that we have here today.
It was also identified at that particular time that even if the
information was relevant to the particular case, the judge also had the
opportunity to determine whether or not the information was critical to
the accused in his or her trial. So a lot of closed-door sessions would
take place to determine whether or not the information from a source or
an informant was critical to the case, and the judge would make a
determination.
Sometimes the courts would make a determination, that: “Yes,
police, you need to reveal your sources.” The various police departments
across the country would pull the plug on the investigation and the
prosecution because it would ultimately have meant a serious risk to the
safety or life of some of the individuals that would be testifying on
that particular case. So again, the world has morphed and proceeded, and
the complexities of these cases have become so significant that we are
now seeing cases that don’t meet charge approval.
We’ve seen evidence of that in this province and right across
Canada. We’ve seen evidence where a case will go to court and, somewhere
along the process, the investigation hit a road block or probably
contravened some
section of law or jurisprudence but is not identified
until it goes through the actual trial process itself, and it’s pitched
out. Again, we see that.
[1:45 p.m.]
I think this will help us get to the point where we have
technically elegant prosecutions, where we have technically elegant
investigations relying on the testimony of some of these witnesses that
are in these very complex, complicated positions.
We talk about guns and gangs in the Lower Mainland of British
Columbia. It was a topic, of course, when I was sitting in the chair of
the Solicitor General. You’re banging your head against the wall trying
to find solutions to what we have out there and providing the police
forces with the tools that they need.
One of the stats that I found very problematic when I was being
debriefed on a number of these operations, and perhaps the minister’s
received similar information…. The police force — the Combined Forces
Special Enforcement Unit is one of them — would apply for a
part 6
application.
Part 6 is a privacy act application under the Criminal
Code, where they work diligently to gather enough information to go
before a justice and get the authority to put a wiretap on a phone. The
police finally get this wiretap. That only comes after days and weeks
and sometimes months of surveillance and solid on-the-ground police work
to collect enough evidence to convince the judge that this
part 6
application is a necessary tool that the police need.
part 6 application is granted — you know, wiretap evidence. We
have monitors monitoring these phones 24 hours a day, seven days a week,
for as long as the investigation takes. During the course of listening
to those lines, they will hear a contract being taken out on another
target — another bad guy, another gang member. There’s a duty to
disclose to that gang member, saying: “Your life is in imminent danger
because of information that we’ve received. We can’t disclose where we
got the information from, but your life is in imminent danger.” In one
year, I think that happened well over 100 times.
You can tell the level of danger that our witnesses have out there
in trying to even think about providing source information to an RCMP or
to a police investigation. There may be individuals out there…. I know
CFSEU and the police in Surrey and other areas have the gang exit
strategy. They’ve got a number of things out there that they’re looking
at to try and keep people out of gang activity or remove people from
gang activity.
They’re under tremendous pressure from these thugs, from these
people that take advantage of the vulnerable people. Most of these
people get involved in that because they are vulnerable in the first
place. The pressure that is on these people…. We do see a number of
homicides that have been related to gang activity in British Columbia
here. The pressure on them is enormous.
We do need a tool that we can act quickly, is nimble enough — and
I think that this does approach that — in order to effectively remove
these people from harm’s way and aid in their investigations. This bill
before the House, I think, will move us in that direction, but coupled
with that, though, are some concerns.
Up until this point in time in British Columbia, there’s been the
federal witness protection program that’s been administered by the RCMP.
I guess over the years…. I was introduced to it years ago when I was an
operations officer. I oversaw a lot of the undercover operations and
high-profile, sensitive investigations in my area of responsibility, and
we did have to provide a new life for some individuals there.
The complexities associated with that, as a result of
jurisprudence and policy changes and privacy act situations, caused an
enormous burden on the administration of the witness protection program
and magnified the costs of administering that program substantially. Of
course, it slows down. As a result of it slowing down, people in British
Columbia and other provinces that rely on that program for assistance
oftentimes aren’t afforded that assistance, because they don’t have the
capacity to deal with it.
Just about everything to do with policing, I think, is underfunded
right across this country. That’s one area where it would be nice to see
the federal government step up to the plate and provide the level of
protection and the level of resourcing in the witness protection program
that should be there in the first place. I’m sure the minister has
probably had conversations with the federal government and the federal
minister on that as well.
[1:50 p.m.]
The security that’s required varies. I think some of the minor
issues this legislation addresses very well, where we have a witness who
needs immediate protection because of the sensitivity of his or her
information that she has to give. But once the trial is over, that level
of security might disappear. The individual will be provided a safe
environment, of course. But during that process…. Maybe the individual
suffers from some addictions or medical issues that this program can
help address and put that person in a better position, moving forward,
once the particular trial is over.
Then there are the more complex ones that show up. These are the
ones where we have an individual who has intimate knowledge of the main
players of a crime organization, who has perhaps witnessed homicides,
who has perhaps witnessed shakedowns of legitimate people, who has
witnessed the distribution of fentanyl and other drugs in the province
that have been such a scourge on the vulnerable people we have
here.
Those are the people that are key. They’re kept very close. If
there’s any kind of a suspicion that they are going to break away from
the organization and provide information to the police, their life is in
imminent threat, and they require a different level of security. They
require total secrecy around the fact that they are being looked after
under a witness protection program like this.
Oftentimes they require a new identity. Oftentimes they have to be
relocated out of the province or the community that they live in. It
doesn’t happen very often, but at times we have to find another country
for these individuals to live in under an assumed name and a brand-new
identity for the rest of their life. That’s where the expense of
maintaining a witness protection program becomes quite expensive. It’s
not just a one-year deal; it’s a multi-year deal. It’s a lifetime deal
for many of these people.
For that, they’re required to ensure that they abide by all the
rules: that they don’t try to make contact with any of their loved ones
or family members or anybody that they’ve left behind, that they
maintain a criminal-free lifestyle as they move forward. There are a
number of factors there. If they don’t abide by that, then the deal is
over, they’re on their own, and the government will no longer have the
obligation to fund those particular programs.
Most of these people make sure that they stay on the straight and
narrow because they know that organized crime is relentless in tracking
these people down wherever they may go in the world. They put a lot of
money and effort into it. They don’t have to worry about budgets like we
have to worry about in British Columbia and Canada. They just pour
whatever money is necessary in there to track those individuals down and
cause harm to them, either in retribution for the information that they
provided or to prevent them from testifying at an upcoming
trial.
That’s why we see, a lot of times…. We saw it with the prosecution
of some UN gang members in the past while, where we have fortified
courthouses to prevent harm to some of these witnesses when they’re
brought in from their locations. They have armed guards around them all
the time — RCMP members, city police members — in order to protect these
people, because the threat level against them is so significantly high
that we can’t afford to take those risks.
When I first looked through this, a lot of things, I was happy to
see. They were things that I’ve talked about with my ex-colleagues in
the police forces across the province here before. But in government, I
also have a look at it and think: there’s a dollar attached to this.
There’s a dollar attached to this, and we really don’t know what that
amount is. So I’m hoping that when we get to the committee stage, the
minister will be able to tell me what this magic formula might look like
and how we can recoup the losses — or not the losses. That’s a bad word
to say, because it’s not a loss. It’s a gain for society when we can
successfully prosecute these individuals.
What it is, is a significant dollar burden on the sponsoring
agency. The way I read this is, if we have a community that says, “Yes,
we need to do this in order to get a successful prosecution and remove
these gangsters from our community,” they have to cough up the money. Is
this going to be a short term, like a one-year program? Is this going to
be a five-year program? Is this going to be a lifetime program at the
end of the day? Do we have to provide him or her with a new identity? Do
we have to include other family members in the relocation? There are a
number of factors that have to be taken into consideration
here.
[1:55 p.m.]
In essence, I think what we’re doing is asking a community to give
us a blank cheque in order to provide the security for that individual.
We might know up front that the majority of cases might be a six-month
term, a one-year term. They might be short term. But there are going to
be these cases where we don’t know. Hopefully we’ll overcome the hurdles
for that particular issue when we do see it.
The metrics that I think we need to have in place and that I’m
going to be watching, once we implement this program, are the number of
successful charge approvals — hopefully we’re going to see them
skyrocket — and the number of successful prosecutions. To spend $1
million on a homicide investigation…. Just anecdotally, off the top of
my head, I would say that that would be the average cost of
investigating a homicide today. It might be a little higher.
To spend that kind of money on a homicide or a gang-related
investigation, to try and extricate those people out of that community,
only to be thwarted at the end of the day by some error that was made in
the investigation or some witness who refused to testify at the last
minute because of fear for their safety — we throw $1 million out the
door. So we’ll be spending money, but maybe we’ll be making better use
of the money that we spend on the investigations and the prosecutions at
the end of the day.
Like I said, some of my colleagues will be speaking on this as
well. But I think this is a great initiative. I thank you, Minister, for
bringing this to the House. But I’ll be watching with some trepidation
as to how we’re going to convince municipalities or different agencies
to help fund this program as we move forward here. I wish you luck in
lobbying the federal government to throw a little bit more resources
into the federal program.
Hon. J. Sims: I’m proud to stand here today as the MLA for Surrey-Panorama and
speak to Bill 4, the Witness Security Act. I want to thank and
acknowledge the Minister of Public Safety and Solicitor General for
introducing this important legislation. I thank him for the very, very
focused way he has been taking on this very, very complex issue of
getting a handle on gang-related gun violence.
We all know that there is no sweet pill or simple solution for
this problem. We know that it requires a multi-pronged approach, with
education, early intervention, law enforcement, rehabilitation and then
reintegration back into the community. I’m pleased to say that under
this Solicitor General…. He has been paying attention to every aspect of
what we need to be doing as a government to get a handle on the growing
gun violence related to gangs.
We all know that Surrey is a vibrant and growing community. But
Surrey is also a city that has been significantly affected by gun and
gang violence over the last number of years. I have to make a point here
that Surrey is not the only city. It’s Abbotsford, Vancouver, Burnaby —
you name it. It is the Lower Mainland, and it is a very serious
issue.
I know, talking to my colleagues on both sides of the House, that
this is not a partisan issue. This is an issue every single member in
this House wants to see addressed and resolved. I have been working on
this issue of violence, guns and gangs for most of my career, starting
as a teacher. I know that you teach students how to resolve differences
through dialogue, putting programs in place, counselling, dealing with
communication skills and self-esteem, and looking at some of the factors
that lead to students making choices or being forced into a certain way
of life.
As a Member of Parliament for Surrey-Newton and North Delta, I was
absolutely aware of the impact that gun violence was having on families
in my community, and now as an MLA.
[2:00 p.m.]
I would say that of those who live in Surrey, especially in my
riding, many will tell you that one way or another, through friendship
circles or relatives or neighbourhoods, they have been impacted by gun
violence and gang violence, and if they haven’t been, they live in fear.
They live in fear that they could be, that their children could
be.
I hear from many parents. We dread it when our children go out,
and then we’re on tenterhooks because we want them to come home safe.
That, I think, is something every one of us can appreciate — whether
you’re a mother, a sister, a grandmother, an aunt, an uncle, a next-door
neighbour, a friend. All of us have had those feelings at different
times.
We also know it’s an issue that…. Pointing fingers at others is
not going to solve the problem. Every time there is a shooting, it is
very, very easy to get into that blame mode, to point fingers. If only
you had done more. If only the police had done more. If only the parents
had done more. If only the community…. It’s very easy to point fingers,
but it’s very difficult and challenging to work as a community to get a
handle on this and to address this issue.
I think that we, as a community, right across the board, have to
take a look at — in Surrey, in Vancouver, wherever it is happening — how
do we handle this? Instead of pointing fingers, let’s find a way to
engage and give tools to those who need the tools and put resources in
place so we can tackle this issue, instead of waiting for the next
homicide and then everybody pointing fingers again. That does not get us
to the solutions we need to.
That is why I am so pleased with the approach of the Solicitor
General. One of the first things he heard, once, of course, he was sworn
in and was meeting with the agencies, was…. They pointed out that there
was a real need to have a B.C.-based witness security program. Actually,
from what the minister has told us, it was one of the first suggestions
that RCMP E division commanding officer Brenda Butterworth-Carr made
when Minister Farnworth first met with her and asked: what would make a
difference?
That’s a very important question to ask. What would make a
difference? And the response was absolutely clear that one of the tools
that would go a long way to having witnesses feel safe enough to give
testimony, to bear witness, would be to have a B.C.-based witness
security program. It is because of that reason — the need to give the
enforcement agencies the tools they needed — that this legislation is
before you.
We are keeping our commitment to take action on gang and gun
violence and to increase support for initiatives proven to prevent and
reduce crime. This particular piece of legislation will help communities
like Surrey because (1) it will complement the federal program — it’s
not meant to replace; it’s meant to complement — and (2) it will
facilitate the access to difficult-to-obtain evidence against organized
crime groups.
J. Thornthwaite: Apologies to the speaker.
I would like to seek leave to make an introduction.
Leave granted.
Introductions by Members
J. Thornthwaite: I have some special guests here in the Legislature that just walked
in. There are some students from Argyle School in my riding, with their
teachers Milan Boljuncic, Tom Inkster, Jolie Lambkin and Mike
Fox.
The students that are here — I’m going to try to go through: Tyson
Bergot, Anya Blajkevitch, Isabella Byrne, Karla Carmona, Elise Commodore,
Mia Cornish, Mikayla Duey, Brenaugh Gatzke, Mary Godin, Olivia Green, Talia
Harasym, Evan Mitchell-Gash, Riley Navratil-Lee, Amani Powell Santos,
Jackson Proud, Lilia Sedlmaier, Alana Spurging, Avi Topiwala, Jonathan
Ash-Roberts, Ethan Brauner, Kathryn Brennan, Amanda Day, Gabriel Figueroa,
John Kleparchuk, Mackenzie Lake, Evelyn McCammon, Armin Mastour, Callum
Mentiply, Poppy Taylor, Adrian Aghazadeh.
[2:05 p.m.]
I’m almost done: Nikita Amini, Kate Carson, Jackson Cochrane, Isaac
Dharamsi, Logan Edmonds, Tori Edmonds, Amirhossein Ghaffari, Keane Lighvani,
Fraya Lindqvist, Sourena Rezaei, Solana Strandebo, Natasha Uganec, Jonathan
Jang, Bjorn Backstrom, Tristan Baigent, Sarah Hrabinsky, Carter Kwan, Drew
Schieman and Sam Lee.
Could the House please make them welcome, and apologies for the long
list.
Debate Continued
Hon. J. Sims: As I was saying, I’m very proud of this piece of legislation that
has been brought forward to take action on gang and gun violence and
increase support for initiatives proven to prevent and reduce
crime.
As I was saying earlier, this legislation will help communities
like Surrey because it will complement the federal program — just to be
clear, it’s not meant to replace; it’s meant to augment — and facilitate
the access to difficult-to-obtain evidence against organized crime
groups.
It will also help advance prosecutions of gang and organized crime
members, because we know that fear is often prevalent. Often members of
the community who know exactly what happened are very reluctant to come
forward because they are scared. They fear for their lives and the lives
of their loved ones. Members who might have been witnesses and might
actually be able to help to solve a crime are so scared for the safety
of their own families that they remain mum.
As I was saying, this particular piece of legislation will
actually help to support the work of our enforcement agencies to be able
to provide protection to those who will bear witness.
This program, as you know, will be administered by an agency. It
will be voluntary. The evidence that’s going to be given has to be
substantial. Health and safety have to be proven to be at risk. So it’s
not going to be given to just anybody. There are going to be criteria
that are going to be quite strict.
At this stage, I do want to acknowledge all the constituents that
have met with me over the last number of years on this issue, whether it
has been in my office or whether it has been at town hall meetings or
whether it has been at yet another funeral that we’ve all attended as a
community because of the loss of a life taken too soon and taken under
such tragic circumstances.
What we have to remember, whether the person was known to the
police or not known to the police, the impact on family and community is
absolutely earth-shattering. For a mother, for a father, for
grandparents, for brothers, sisters, kids, neighbours — there is nothing
more devastating than getting one of those phone calls to say that your
loved one has been killed, shot, in an encounter related to gangs and
drugs.
It’s a heartbreaking topic. I have so many stories I could share
with you: so many families I have cried with, so many families who are
crying out for help — families who’ve been impacted, families who know
that their children are maybe going down the wrong path and they want to
get them back on the right path, but they just don’t know
how.
Once again, I want to acknowledge the work done by our Solicitor
General to make sure that resources are being put into cities like
Surrey to make sure that for those kids who want to leave gangs, there
is support. For those with early signs that they are going in the wrong
direction, the programs are put into place — programs like the Wrap
program in Surrey, which I call sort of a total service program that
wraps itself around the kids to make sure they get the supports they
need.
[2:10 p.m.]
And yes, this program will cost. It will cost. But we’re proud to
support it because it’s here, because the savings that will result from
lives saved or from convictions we will get for gang and gun-related
activities will be priceless. I don’t see how we can put a price on a
life that is taken by guns, by violence and through gang
warfare.
I’m proud to be a member of this government. I’m so proud of the
work of Public Safety and our Solicitor General, the Premier and all
MLAs from Surrey and everywhere else, who know that one of our primary
roles here is to look after the safety and security of
citizens.
This particular program is not just about getting a conviction. It
is about getting people off the streets. It is about making sure that
people do not, that another parent does not, receive a phone call that
their child has been shot. It is a program that is only one small part
of a very comprehensive plan put forward by the Solicitor General to
tackle guns and violence head-on. Being in a witness protection program
— as my colleague across the way pointed out earlier — will also ensure,
for those who need additional help, whether it’s in the area of
addictions or mental health, that that support is also
provided.
I know, and I will say again, this is not a partisan issue. This
is an issue about our kids and about keeping our communities
safe.
R. Coleman: I’m glad to rise and speak to the Witness Security Act today and
take us down a conversation with regard to what some of the other
members have already talked about. I think the challenge, when you talk
about this particular program and how important it is, is that there is
a program in Canada. If you can make it faster and you can still keep it
safe and secure, do so, because it actually helps investigations. It
protects investigations.
The context often is…. I’ll give you some of the context that some
people may talk about, given their community. The context is that in
2017 — most recent data — B.C. had its highest number of homicides since
2009, at 118. Nearly half of Metro Vancouver victims were killed with
firearms. Of those 118 total homicides, 58 were in Metro Vancouver; 44
of those 118 were gang-related. Ontario had 48 gang-related homicides in
2007, we had 44, Quebec had 15, and Alberta had 32.
Most organized crime cases in B.C. hinge on testimony from an
accused person’s former accomplices and informants, and a federal
witness security program already exists. But, as the NDP say, a
multi-pronged approach is needed, and I agree. A B.C. RCMP spokesman, in
a government news release, said: “The Witness Security Act will be one
more tool that will help us to destabilize gangs and support
prosecutions.” This will encourage more people with knowledge of
murders, drug trafficking or other gang-related crimes to share details
with police and, hopefully, help us do investigations.
It’s not just about gang violence. It’s also about us as
legislators having to make sure that we are protectors of information.
It’s about making sure the confidentiality of police investigations is
protected. It’s about making sure that nobody leaks out something that
is going to break the confidence of an informant or a witness to the
extent that you could put their names at risk, their lives at risk, or
that you could actually kill an investigation because of information
that you happen to have spoken about publicly.
That’s an important nuance. I was Solicitor General for four years
and often, a couple of times, when I had to step in. I was very
fortunate to have a very, very good relationship with law enforcement at
all levels, particularly on organized crime and other files. I was
briefed on investigations that were going on, briefed at the highest
level of detail, yet not once could I answer a question about an
investigation.
[2:15 p.m.]
I couldn’t say I knew about that particular investigation of money
laundering or that particular investigation about gang-related or
something else. When I was interviewed, it was one comment — and one
comment it should always be at the mouth of an Attorney General, a
Solicitor General, a Premier, any other member of executive council or
any member of this House: “I will not comment on an ongoing police
investigation.”
The media sometimes think that that’s a copout. But woe be the
person that’s elected, or anybody briefed on an investigation — whether
it be senior officers, a member of an investigation or another agency of
government that touches an investigation — that actually goes beyond
that, other than being authorized to do so, and says something that puts
someone’s life at risk or actually puts an investigation at risk. I
lived this on a number of files. I was always accused of not doing
anything on money laundering. I knew about investigations — I still do —
and knew what was going on, but I could never, ever, ever comment on
it.
So you get demonized as a cabinet minister, sometimes, because of
that. That’s part of the job, and don’t get the temptation to say you
should do it any differently, because you may hurt someone. When you
have investigations that are so complex that they involve organized
crime groups from outside our country connected inside our country and
that you have cross-jurisdictional — as far as culture and otherwise —
investigations, there are people who are unknown heroes on those
investigations, who actually come forward or work with police or go
undercover and give information that will take care of an investigation
on any seizure crime connected or interconnected with organized
crime.
Those people, when they do that — believe you me, the rules from
organized crime guys aren’t Marquess of Queensberry — are putting their
lives at risk. They’re taking a risk that something could happen to them
because they want to do something right for society by actually helping
to fight crime. Sometimes, they get so far in that the only way you can
probably save them, as you go towards trial or to finish the decision
and make a prosecution, is that they need to be protected — sometimes
completely protected: a whole new identity in the witness protection
program, as you might want to call it, where they actually disappear
from society and start afresh.
If you can’t do that — if you can’t protect them or give them that
sense of security — your investigation falls apart. Your information
falls apart. Your stream of evidence falls apart, and then you see
millions of dollars spent on an investigation, like you recently saw one
federally, on a multi-million-dollar investigation, and hundreds of
millions of dollars of money laundering and other activity and organized
crime. They had a stay of proceedings.
Sometimes it just takes too long, and people start to figure out
who’s there. Sometimes it could be something that somebody just says,
and it makes the prosecutor nervous about the fact that he may not be
able to hold the lives of those people and protect them. So the reality
is, as we do these complex investigations, we need a tool that says:
“Joe, there is a contract out on you, and we need to actually protect
you and your family and protect your evidentiary stuff. So we need you
to agree to come in.” Imagine having to make a voluntary decision to
change your identity and move from your community to protect your
family. You’re there to try and help the community or solve
crime.
It happens, and people have had to do that. As I looked at the
act, the first thing that concerned me was a bit of the bureaucracy
around a piece of legislation where there is a security committee and a
number of people are in a room that would be presented the decision to
let this person voluntarily go into witness protection — having been
told when their life is at risk — that they get to make the
decision.
The first reaction I had was: “We’d better find five absolutely
strong-minded, honest people who would never leak a word about any
discussion about somebody that came before them and was being looked at”
— for someone that might want to go or need to go into some form of
witness protection. If we can’t do that, we can’t solve the crime. If we
can’t do that, we lose the community support for us to be able to do
things, and we really destroy the opportunity for police to do their
jobs.
[2:20 p.m.]
The member opposite mentioned, a few minutes ago, gangs and the
gang stuff and issues in and around. I talked about them with regard to
a number of homicides, but it is important, particularly in some of the
gang activity that takes place, to be able to get into the community and
get a better understanding of circumstances, information and evidence
that may get you to where you’ll be able to solve a gang-related
killing.
It’s tough for the police, because they need information from
within the community. If the gang is strong in a community, they’ll be
concerned that if they’re actually seen to be cooperating in any way
whatsoever, they will become a victim of the gang and will not have any
protection for themselves and their family should they be found out as
someone that’s actually working with police. So it’s important that you
have a program like this, but it’s important that you understand just
how difficult this is, how dicey it can be but, more importantly, how
important it is that everybody understands their role.
I’ve been on both sides of this House. On one side of this House,
I could criticize a government, back in the 1990s, about something they
weren’t doing on a particular investigation. When I became the Solicitor
General, I realized the reason they didn’t say anything, because I
couldn’t now. I also had an understanding that I would never put
someone’s life at risk, as a minister.
The new government is finding out the same thing. There were
comments with regard to different investigations that they thought
should be going on or that the government wasn’t doing enough. Probably
they got briefed early on — or not. But they found out that there were
things being done other than what they’d said in public were being done,
because the actual investigations were more critical than the public
image of the police or anybody, or of any other official.
Police are in a tough job. They have major investigations on the
go. They have serious integrated criminal enforcement and organized
crime enforcement investigations going on. They’re dealing with complex,
complex files, and they also deal with other aspects of crime, including
civil forfeiture and things like that.
We saw, in the courts today, somebody wondering whether the person
who heads up civil forfeiture had a bias in pushing too hard to go after
a Hells Angels clubhouse in Nanaimo. In the article, it was intimated
that they’re really just a motorcycle gang. Well, to anybody who
believes that for a second, I’ve got a whole bunch of swampland
somewhere that I can sell you. They are organized crime. They are an
integrated organization. They may have clubhouses, and they may ride
Harleys, but other than that, they’re integrated, organized crime. It’s
been determined by many, many court cases that that is the
case.
Imagine if you’re getting briefed as a minister, and somebody
comes in and says, “With this particular organized crime group, we think
we have enough to go after a major investigation. What we need is access
to, let’s say, $4 million in contingencies to really go nail this one,”
and they give you a briefing on the background of what they know. Then
you have to go into your Finance Minister and Treasury Board and say: “I
need access to contingencies for an investigation with regard to
organized crime, and that’s all I’m going to tell you. I’m not putting
anybody at risk in this room or any other room, because I know that this
is the only way to go about it.”
You do that, and it goes on going, and somewhere down the road you
see the results of that decision. You might get briefed once in a while
along the way, but the reality is that you’ll see the results of that
decision at the outcome of some pretty complicated investigations. All
have to protected, at all costs — by not giving out information about
them or making any comment publicly — by anybody that might know about
the file or that might comment on the file. It’s important, because the
people we’re talking about today need to know, as those investigations
are ongoing, and they need to be protected.
Someone’s not going to leak out that so-and-so moved from Langley
to some place in Saskatchewan or some place in Alberta or B.C. and that
they have a different name, a new identity for their family and
children, and a job. That’s because the guys that want to shut them up
before it ever gets to trial want to find out that information. They
want to make sure that they can get to them and intimidate them so that
their case won’t go ahead.
[2:25 p.m.]
It’s tough, because we tend to judge investigative things with
police and organized crime and complex investigations as inaction,
because they’re not telling you what is going on. They won’t tell you
that there’s a wiretap and there’s information that came off a wiretap
where someone else would be informed that their life was in danger as a
result of information they picked up. They have to do that completely
confidentially, because their first job is to protect life and then to
protect the integrity of an investigation.
Sometimes it requires that certain people, to protect them and
their families, also be put into a program where they’re safe while
they’re waiting to help with a significant investigation or conviction —
but also to know that they are not being put in danger because they’ve
actually stepped up and helped society. That’s what I see this tool as
being — another tool with regard to not having the blame game, with not
having the issue which is the biggest issue when you’re dealing with
informants, undercover people and witnesses. That is the issue of fear.
The member from Surrey mentioned that in her remarks a few minutes
ago.
If you cannot protect your witness or your informant or the people
you have undercover from the fear of what’s going to happen to them if
they’re found out, then that fear permeates into every investigation,
and you get no help. You get this cone of silence that the police have a
terrible time trying to break through. You can’t always do it just with
forensic evidence, in spite of what the TV shows might tell you. The
reality is that this is complex stuff, and this tool is important so we
have that complexity be able to be handled in a way that’s really very
important for society.
As we go through this and you take time to think about it, if you
get a chance to speak or not, think about the people that are out there
somewhere in all kinds of investigations today — they could be
undercover police officers — whose lives and information about them
needs to be protected. If you ever have a conversation, if you think
you’ve ever even met somebody that might be undercover on an
investigation in a social aspect, they won’t tell you. But if you blab
about it to somebody in some other area, it gets so you can actually put
a person’s life at risk.
An informant is a person that’s coming forward to police to give
them critical information on a significant investigation, most of the
time. If it’s a significant organized crime investigation, that means
they’re putting themselves at risk. They have to be completely
protected. There cannot be any breakdown in disclosure. If there is, and
they’re put in danger, you need a tool like this, and you need it to be
quick. The only thing I will probably do in committee stage with the
minister is make sure this thing is actually nimble enough to do the job
for people that need it when they need it the most.
In addition to that, I’ve also been exposed to some other
significant types of investigations: organized crime, obviously;
homicides; gang-related things. I’ll never forget the day — it’s now
been through the courts and convictions are there — that I got the call
that I needed to go get some money from Treasury Board. They thought
they had the person, but they needed the money to be able to do it with
the warrants, that had killed a number of women missing from the
Downtown Eastside of Vancouver.
It was that conversation — I had to take it into a cabinet
situation and convince them to fund it — that led to the arrest and
conviction and closure for families of women on the Pickton
investigation.
[R. Chouhan in the chair.]
At no time through that, even though I was briefed and toured the
site, did I ever discuss one ounce of anything to do with that
investigation. That is what’s tough for the Solicitor General; the
Attorney General, particularly; and the Premier, usually, if they get
briefed. Because they will get public criticism on something, but they
can’t say anything. We should always keep that in mind as we go through
this, because it’s important that they don’t. They need to protect the
integrity of the investigations, the integrity of what’s going
on.
It doesn’t matter whether it’s something like money laundering
connected to organized crime, whether it’s a homicide, gang-related or
whatever the case may be. The police always are trying to do their best,
but while they’re trying to do their best, they have to take the public
criticism that they’re not doing enough. They can’t say, “Let’s go
convince them that we’re doing enough” when actually, they’re doing
everything they can do. They cannot disclose because they cannot destroy
an investigation or destroy someone’s life. In the cases where it gets
to the point where the person is really helping in an investigation, you
need this tool.
[2:30 p.m.]
So as you make comment, think about those people, because I can’t
imagine…. I did drug cover, which is basically covering people who are
doing the buys and collecting the evidence while they were undercover in
places on different strips in Alberta and cities. I thought that was
pretty hairy work for those guys, but somebody that’s an informant on a
major crime investigation, organized crime…. It’s pretty hairy
stuff.
I think we have to recognize that and make sure we have tools for
those people. They really are pretty special citizens in our society who
often step up, in spite of the fact that they have fear, to help police
in investigations that could actually save more lives.
I support this piece of legislation, I support the Witness
Security Act, and I hope we keep in mind just those people that are
silent out there that are actually trying to help us solve major crime
in British Columbia.
M. Dean: I’m very proud to stand here today as the MLA for
Esquimalt-Metchosin and to speak in favour of Bill 4, the Witness
Security Act. I really appreciate the work of the Solicitor General, not
only in this area, in working on this particular bill, but also in
taking a multi-pronged approach to this issue.
I’ve been working with youth at risk of gang involvement for many,
many years — youth in our community who have been traumatized or abused,
youth who are targeted for exploitation in any way. So I welcome
initiatives that will destabilize gangs and the whole system of gang
culture and prevent short- and long-term harm to people in my
constituency and across British Columbia.
This is going to be a stronger witness security program that will
help destabilize the gang way of life. It will encourage more people
with knowledge of crimes — crimes like murder, drug trafficking,
gang-led crimes — to share their information with police.
It’s going to build on the federal program, but it’s needed
because the federal program can lead to delays. It can also create a low
retention rate of witnesses, and that thwarts the processes in British
Columbia. That means that here in our province, we don’t get the justice
that we need.
This is going to be an important tool in tackling gang-related
crime. We all know that gang-related violence is increasing, and it’s
related to other crimes, such as drug trafficking and drug
use.
Here we are living in the current fentanyl crisis. We have to do
something about this. We need this multi-pronged approach and a range of
tools. The best tool for tackling these crimes is through the evidence
of people who know those who are responsible. Successful convictions
using this new tool will send a really strong message to those involved
in gang culture, and that will have a massive impact on public safety,
not just for individuals and families but for the whole of our
communities.
Now, the program is voluntary. Anybody in it can exit at any time,
and there will be services and programs provided to people who are
participants. Once referred into the program, they’re assessed for their
suitability and eligibility. To be eligible, the testimony has to be
very valuable. It has to be significant testimony. Their health or
security also has to be at risk.
Once approved, then the whole scope of the program is designed —
it has to be — around that individual and around the risks that they’re
facing. That’s going to include their housing. It might include
transportation to and from safe places. It’s going to include their
identity and then also support services as well. That might be
rehabilitation counselling, recovering from drug addiction.
Of course, confidentiality is really critical to the success of
this program, and confidentiality is protected. It’s protected in many
means and under many acts. That way, we make sure that we keep the
participants safe, and we can reassure them that they’re going to be
kept safe as well.
What this system does is it reinforces the notion that there can
be a successful way for people who choose to exit from the gang
lifestyle. They can do this. This offers a road map. It offers a
pathway. It offers support and stability and structure to be able to get
out of that lifestyle and to rebuild their lives.
[2:35 p.m.]
Back to the point that we will actually be more successful if we
help these people who have the knowledge and they can share the
knowledge with us so that we can actually break down the gangs. We need
a very robust strategy against gangs. We need it to support existing
services and enhance our strategy around gang culture.
We know about, we’ve heard about and we’ve been talking about how,
in Surrey, we have the Wraparound service, a comprehensive service that
includes prevention strategies and exit strategies. But I’ll tell you
that here on south Vancouver Island, we also have a gang issue. Youth in
my community and across greater Victoria are recruited deliberately into
gangs.
On the south Island, we have only one part-time position in the
community of an active outreach counsellor to work with youth to prevent
them from being recruited into gangs. That is a fantastic counsellor
called Mia Golden who works for the CRED program at Pacific Centre
Family Services Association, a local non-profit in my constituency. We
know, from her work, that youth as young as 11 are being targeted in our
region.
Youth across our region have had such a lack of community services
for such a long time. Many, many youth have ended up falling through the
cracks in our community. These youth are targeted. They’re offered a
tribe, a sense of belonging. They’re offered something valuable,
something for free, something they might not otherwise have access to.
It might be drugs. It might be some kind of gear. It may be a new
gadget, just cash.
They’re building a dependent relationship. These youth are made
dependent, and then they’re taken advantage of. They’re made to run
errands. They’re made to become even more absorbed into the gang
culture, to take some responsibilities, to witness and observe and
experience other crimes being committed, to compromise them.
The youth, once in the gangs, are made to do the dirty work.
They’re made to go out and deal in drugs or maybe in weapons, maybe get
involved in trafficking. They’re sent out to collect the debts. How are
they going to do that? It involves assaults. It involves violence. It
involves risks of physical harm.
Over the past six years, the CRED program has seen the number of
youth in the CRD at risk of gang involvement increase from 30 to 73.
That’s over double, and there are more out there who aren’t even seeking
support.
There was one gang with over 20 members known to be active in my
constituency that was responsible for more than 200 police files in
2013. There are actually several gangs on south Vancouver Island. The
names of them I can’t even mention in chambers here because of rules of
language — rightly so.
The youth who want to escape these gangs are punished. I’ve seen
youth come into our centre with broken fingers. Youth have had their
cell phones just taken away from them forever. They’ve had any money or
anything valuable on them just taken away from them. They’ve been
threatened, and their families have been threatened. They are severely
punished if they want to try and escape, and their long-term outlook is
harmed and compromised.
We need to dismantle the system that targets these youth, and this
new security program offers more success in doing that. Exit is
possible. There was a young man on reserve locally who wanted to exit
from a local gang. He had support from the CRED program. It took months,
but eventually, he was helped with a lifetime deal to leave south
Vancouver Island. Now, I can’t say more than that — obviously, these are
really high-risk situations — except to say it helped to build local
intelligence and helped him rebuild his life.
Thanks again to Mia Golden at CRED and the team at Pacific Centre
Family Services Association for all of your work in the community — and
with the authorities, the collaborative work that is done locally to
prevent youth from getting lured into a gang lifestyle.
[2:40 p.m.]
To summarize, this new witness security program is designed to
meet B.C.’s needs that the federal system is unable to do. This is a
system that police agencies, judiciary, legal advice and experts have
all asked for and all been consulted on. A B.C.-based witness security
program was one of the first suggestions the RCMP “E” division
commanding officer Brenda Butterworth-Carr made when the Minister of
Public Safety and Solicitor General first met with her and asked what
would make a difference.
The legislation will establish the witness security program, which
will be administered by the province in the Ministry of Public Safety
and Solicitor General through a director of witness security and an
assessment panel. It will be run by a designated agency. It will
complement the federal program. It will facilitate difficult-to-obtain
evidence against organized crime groups. And it will help advance
prosecutions of gang and organized crime members. Ultimately, it will
enhance our Solicitor General’s gang suppression action plan. That will
make the lives of all communities and all British Columbians
safer.
B. Stewart: It gives me great honour to be here in the House speaking about
Bill 4. I think it’s certainly one of these things that everybody
embraces — the whole idea of: how do we end gangs and what they do in
our communities, whether it’s the opioid epidemic and how that is
fuelling the crime that seems to be taking place in British Columbia,
perhaps maybe more noticeably in and around the Lower
Mainland?
I want to commend the Solicitor General for his work in terms of
bringing this forward. I think that, as the member for Prince
George–Mackenzie suggested earlier, this is a tough file. It’s not easy.
I know that in his time, we invested an extra $30 million in guns and
gangs. That brings us up to about $80 million per year that the
government has committed to trying to make certain that we find ways
forward to making this happen. There’s also another program called exit
gangs. That’s also being funded by the government.
I’m sure that this piece of legislation is going to bring
additional costs and budget pressures to the government. That does raise
a point that I want to raise a little bit later. But I want to talk
about…. We don’t really hear about — and I didn’t hear the Solicitor
General talking as much about — how we were trying to work with the
federal government to make their witness security program work better.
We understand that it isn’t working in other provinces like Alberta,
Saskatchewan and Ontario and the city of Montreal. They’ve gone ahead
and instigated their own programs where they’re actually doing
this.
I think that one of the things that I would like to ask…. I
welcome the Solicitor General back to the chamber. I look forward to, in
committee, asking some of these questions. But I do want to make certain
that….
The concern that we have is: is the federal government paying for
its fair share in terms of this issue? I understand that it is a
national program. It exists. This is an enhancement to what has already
been proposed or is being proposed. I think that that’s one of the
things that we do feel: that they control the borders, they control a
lot of these items that are causing the access.
Whether it’s Immigration Canada or Border Services, they have an
ultimate responsibility to making certain that a province like British
Columbia, a coastal province that has more air flights than any other
city in North America coming into Vancouver…. Of course it’s going to be
under pressure because of access to some of these obvious gang-related
activities with many of the Asian areas where these people have come
from.
[2:45 p.m.]
I think one of the things that I do specifically have some
concerns about in the legislation is the risk of the money that we are
spending and how we protect the privacy of the individuals that we are
trying to keep under this witness security program. I think that it’s
robust in the description in here, but I just know that with this many
people…. Whether it’s people helping to reintroduce or whether it’s
health care, addictions services, mental health — all of those
touchpoints are an added risk in terms of trying to make certain that
the people that we want to keep successfully in this program are people
that are not…. There are no compromises.
I realize that it’s almost an impossible task. You know how
difficult, sometimes, it is to keep a secret. I don’t know how witness
protection programs work, but I think that we want to highlight that we
want to make certain, as the minister did say earlier, that this is
going to be excluded from the disclosure act. But more importantly, what
it is…. It’s the people in the background. I’m sure we have no problem
with the police services that are involved. It’s the people that are not
necessarily part of that.
I would hope that that’s something that the new organization
that’s being contemplated or being organized here would address, and I’m
sure they will. But I do want to raise that because, of course…. I mean,
in government, we have privacy breaches that are unintended, not because
we want to. We have all sorts of rules and regulations. This is going to
take an extra-special amount of effort to make certain that those are
protected so that we can get the convictions and put gangs out of
business.
I don’t know how you define success in that, in terms of the act,
in terms of…. I look at the number of homicides in British Columbia.
Certainly the number, compared to the rest of the country, and certainly
they are…. It is a high number, and we hear about it most days or weeks
in the news, etc. We do want to make certain that people who are
regular, everyday British Columbians are protected.
That doesn’t mean that the communities that they come from have an
unlimited amount of resources to be able to fund and pay for this. As
Bill 4 suggests, the level of cost is unknown — how long it goes on for.
And the communities that subscribe to whether the RCMP — or whether they
have individual policing in their communities — are going to be the ones
that bring this forward when a known informant or somebody that requires
this type of service comes forward….
The financial obligation goes on to…. Many small communities…. I
wouldn’t say that the community that I represent, both the cities of
West Kelowna and the city of Kelowna… Their policing budget is just over
$30 million. It’s my understanding, in just a brief discussion with some
of the people that serve or have served in this area, that this witness
protection program could run into, for an individual witness, the
neighbourhood of $1 million or more, depending on where they’re
relocated to, the costs, the services that are provided. To have that
put onto the backs of….
Take a small community next door to where I live — Peachland. It’s
got just under 6,000 residents. They’re now paying their percentage of
policing in terms of their community, but the reality is that if the
RCMP that covers that area was to decide that that was the
responsibility of that municipality, which is incorporated, it would be
a completely unfair situation and literally bankrupt a small
municipality.
I think that that isn’t addressed in terms of…. It does say who is
going to be responsible in the bill, and I think that the question
really is: how do we protect the communities that are not Vancouvers or
other large cities from this burden in terms of…? Not necessarily
through any fault of their own, they’re all of a sudden where gangs have
congregated. The members are there.
The situation is that these people have now taken on that
responsibility, and I think that the province, as well as the federal
government, have an obligation. If we’re going to put something like
this in place, then I think that the federal government should be
expected to contribute to this as well. Maybe that’s something that the
Solicitor General has in mind to ask for.
[2:50 p.m.]
I think that the important thing I’d just like to highlight is
that, clearly, we need to know if this is working. If we’re going to
spend whatever the amount is…. It’s undefined. But let’s use the
number…. It’s millions or tens of millions of dollars to run the
protection program. We’ve got the numbers. Obviously, we’re not
satisfied with the federal program.
There needs to be some sort of metric as to what is considered to
be success. Is it prosecutions? Successful prosecutions? I don’t know. I
think that probably it’s important for government to be able to have
some certainty or a review of this at some point in time so that the
people in Surrey feel like they’re getting some benefit from the
millions that are going to be spent on this.
I mentioned, also, the security issue. I think that we need to
ensure that we don’t spend all of that money and then have it
compromised because of somebody that’s providing a service that’s
contemplated in here. So we provide the wraparound services to make
certain that we rehabilitate and get these people that are informants
out of the system or where they’ve been in the past, not just move them
along to some other country with a name change.
The last
part is that the individual communities need protection.
They can’t just have a blank cheque in terms of taking on the
responsibility. What consultation has happened with communities or UBCM
to help address this concern? I think that that would be an interesting
conversation, maybe after this bill is finished being debated and going
through committee stage. I think it is important, certainly, that it is
up for discussion with municipalities, perhaps this year at UBCM,
because they do all need to be informed that this is coming down the
pipe.
With that, I just want to thank, again, the Solicitor General for
taking what is a very tough file and trying to make a difference. I’d
like to see…. If it is possible to find it within all of the resources
that are being dedicated to fighting crime in the province, perhaps we
could do more in terms of some of the on-the-ground supports for other
detachments and the municipalities across the province to help fight
this in their front yards and to make certain that it doesn’t get to the
stage where we have to have an expensive program like this in place
that’s going to add an unnecessary burden to the taxpayers in those
communities.
J. Brar: I’m really pleased to stand up in this House to support this bill,
the Witness Security Act, introduced in this House by our government to
help take down gangs and make our communities a safe place for
everyone.
I support this bill because people in Surrey — I’m going to talk
about Surrey — are really concerned with the ongoing gang-led crimes
taking place almost on a daily basis. I must say here that this is not a
Surrey problem. It’s a problem of the people of the province of British
Columbia. I know there are some focus points, whether it’s Abbotsford,
Vancouver or some other communities. But this is a problem faced by the
people of the province everywhere.
Sometimes it seems like this is unstoppable. The gang crimes, the
way it’s going on — it looks like it’s unstoppable. That’s one of the
questions we hear when we go out in public among the people.
Let me tell you that a friend of mine has lost two sons. He lost
two sons — a decent human being, very well educated, who came to this
country to make life better for his kids. He did everything possible, as
any parent does, to help support the kids. But he lost, at the end of
the day, two of his sons. He knocked on every door, I know, to find help
so he could pull his sons out of gang life.
[2:55 p.m.]
That’s almost impossible. It’s almost impossible, the way it is
going on at this point in time. One of the reasons that it’s impossible
is exactly because we don’t have witnesses to come forward to actually
have successful prosecutions.
I also have a relative who is right now struggling to deal with
his kids who have become part of the gangs. He has said to me and many
other people that he knocked on every door at all levels of government
to find support to bring his kids out of gang life but was unsuccessful,
and it happened.
The impact on the community is huge. It’s big. Young men, for
right or wrong reasons…. Many of them don’t know what they’re going to
enter when they enter into gang life. What they don’t know at that time
is that once you are in, you are in. There’s no exit. The reason, again,
behind that is that the witness program is not working at this point in
time.
Many of these crimes, to the best of my knowledge, take place
during the daylight in the presence of not one person but many people —
gang members. A murder takes place during the day, but nobody — the
people who were there that witnessed that murder taking place — is ready
to become a witness. That’s the challenge.
That’s a big challenge in the system. The key reason for that is
that the people are really scared to come forward and to provide the
witness, because they’re scared. They’re scared of the gang members
because they can eliminate not only them; they can eliminate their whole
family.
People feel that the system has failed to successfully prosecute
the gang members. That’s the feeling among the people out there. That
was the reason that the public safety issue became the number one issue
during the last civic election in Surrey. It would not be an
understatement that crime, particularly gang-led crime, was the number
one issue during the last civic election, and it still remains the
number one issue in the city of Surrey and some other parts of the
province as well.
People have the right to feel safe. We must take action to take
down the gangs. One of the key questions that people raise when I go in
the community is: why is it so difficult to successfully prosecute the
gang members? That’s the key question people ask. People think there is
something wrong with this system. There’s something that’s not
working.
People are right. There is something wrong with this system. One
of the challenges police face is to find credible witnesses — that’s
what we know — for a successful prosecution, because people, as I said
earlier, are scared to come forward to provide witness against a gang
member. That’s a big threat when you come forward. That’s the issue that
we face, and that’s the issue this particular act actually
addresses.
We need to fix that. This bill, in my view, is an action in the
right direction. We are proposing this strong witness security
management and support program to encourage more people with knowledge
of murders, drug trafficking and other gang-led crimes to share details
with police.
That’s the purpose of this bill. The majority of the organized
crime in B.C. depends on evidence of former friends, informants, and
it’s challenging to manage criminally involved witnesses. The proposed
legislation will establish the witness security program that will, in
fact, encourage witnesses to come forward without any fear. That’s the
purpose of the program.
[3:00 p.m.]
This program will be managed by the province in the Ministry of
Public Safety and Solicitor General, through a director of witness
security and assessment panel. It will be run by a designated agency to
make sure that it is effective and its working, and it will complement
the federal program.
The member made a kind of a point there that there’s a federal
program. Yes, there’s a federal program. This particular act will
complement that federal program to make it better and to give police
more tools so that they can make good, successful
prosecutions.
It will also facilitate difficult-to-obtain evidence against
organized crime groups. That’s what it will do. It will help advance
prosecutions of gangs and organized crime members. The Witness Security
Act will be one more tool that will help us destabilize gangs and
support prosecutions. That’s the key purpose of this bill, and that’s
why I’m here to support this bill.
I understand and the members probably on both sides of this
House…. I see some consensus there. This is a very deep, difficult and
complex problem. This particular program is not a full-package solution
to the whole thing, but this is another tool. This is another very
important tool, at least when it comes to the successful prosecutions of
gangs. This will certainly strengthen the police making the right case
in the justice system.
This is also a volunteer program. People who have the information
can come forward themselves, and they can volunteer that information.
This program provides full privacy when it comes to privacy and
confidentiality. There will be complete confidentiality provided under
the program. So that’s there. Without confidentiality, it would be hard
for people to come forward and support this program.
I hope — probably we all, members from both sides — hope that
there will be a day that B.C. will be gang-free. We are trying our best
to move forward into that situation. This particular bill is one good
step, in my view, that will make B.C. a safer place.
With that, I support the bill, and I will take my seat.
S. Cadieux: I’m here today to speak to Bill 4, the Witness Security Act. I am
in favour of doing everything we can to combat gang crime and criminal
activity in our province. And the way that I understand witness security
has worked in this province has presented our police services with some
real challenges, especially in the fight against gang violence and
organized crime. Currently the only option in British Columbia is the
federally-run witness security program. That program has been slow and
underfunded. That situation puts lives at risk.
Every day that there’s another delay, there’s another day that
criminal members, gang members, are on the streets, and that creates a
risk to public safety. You don’t have to be a police officer to know
that. The lives of potential witnesses are also often at risk during the
delays that exist with the federal witness system.
The fact of the matter is that most of the cases targeting
organized crime in B.C. can only move forward and go to trial when
they’ve had the opportunity to rely on testimony from former accomplices
of the accused. The reliance on informants makes witness security
critical. Who’s going to come forward if they don’t feel they’re going
to be safe?
The impact of gang violence can’t be underestimated. Certainly,
some communities feel that more deeply than others. Certainly, in the
Lower Mainland, our communities feel it deeply. Of the 118 homicides in
British Columbia in 2017, more than a third were gang
related.
[3:05 p.m.]
Of those 44 gang-related homicides, as we know, a great number
were in Surrey. So I can see how the Witness Security Act can be a
useful tool for police in our province to tackle gang violence and
organized crime.
On its surface, the provincial Witness Security Act promises to be
more nimble and easier and quicker to apply properly so that we can move
these things forward, and that would be a good thing. As well, I think
there are good approaches in this bill — helping witnesses transition to
a new life, facilitating treatment for mental health or addictions or
helping with the more significant name or identity changes where
necessary, and certainly helping with access to job training.
I think it’s about taking public safety beyond prosecuting the
criminals and toward helping criminals leave their old life behind,
which I believe is what we would all hope they would do. That’s very
supportable. That said, I do have some concerns with the bill, but
really, only as the concern relates to potential costs. Not that those
costs aren’t something we should bear, but in the legislation, as I read
it, it’s expected that law enforcement will be applying to the program
on behalf of the witness and that law enforcement agency will pay for
the services. That is concerning, given the real financial challenges
that police forces all over B.C. are facing right now.
We know, and we just saw a week or so ago, that right here in
Victoria, the city council was unable to provide, in its budget, new
funds for police — now, mostly because that went to paying new costs
imposed by government. But the reality in Surrey is similar. The council
didn’t approve the hiring of additional police officers for this year,
although we all know, and certainly all of the members of this House
from Surrey know, the need for additional officers is very
real.
Also, we know with the proposed move now by the mayor and council
to move to a new city police force, away from the RCMP, the city will
also be challenged and the police service challenged, financially, with
the cost of that transition.
While I believe that there’s a need for this act and this service,
I am concerned about approving this without understanding what those
costs are likely to be and how the agencies will cover those costs. If
we make a choice to suggest that here, this great new service is
available, and it will help us to combat gang violence…. If, then, the
agencies don’t use the service because they can’t afford to pay for it,
that is also going to be a problem. If that service, then, is used, but
the costs of paying for that take away from existing services like
police officers on the ground, that, too, would not be a welcome
outcome.
The reality is that we all, I believe, support the idea of
tackling gang violence and doing everything we can. I do believe that
our government took all the steps we could and made good efforts. I
believe this government is taking good steps and making best efforts. We
all care about the safety of our families, our communities and our
streets. None of us want to see young people enter a life of crime.
There are huge costs associated with dealing with that after the fact as
well.
[3:10 p.m.]
We know that in order to prosecute crime, in order to get at the
root of this gang violence, we need for people to step forward. We need
them to know that they’re going to be safe when they do that, and we
need them to know that we have their backs in doing so. If they have the
strength to come forward, we need to provide services to them to make
sure that they’re safe. That’s important.
Certainly, I will be in support of the act, and I hope that the
questions around the costs and how those will be managed by the province
and the agencies will be forthcoming in the committee stage of the
bill.
R. Singh: It gives me pleasure to stand in support of this Bill 4 and the
stronger witness security program. I really want to thank our Minister
of Public Safety for his commitment to deal with this issue. Being a
member from Surrey, where we are experiencing a high number of deaths
related to gang violence, I am really pleased that we have a minister
who’s committed.
I remember that when we formed the government, one of the first
meetings that the Minister of Public Safety had was a meeting with the
stakeholders in Surrey, talking about this issue. Being a mother myself,
and having a teenage child, I’m always very disturbed whenever I hear
any such news as when a young life is taken just so soon. I totally
understand that this is a very, very complex matter. It’s non-partisan.
It is not something that can be dealt with, with just one single
recipe.
There are all kinds of collaborative approaches that we need to
resolve this issue. One of the first announcements that the minister
made — he made it in Surrey also — was in the field of prevention, like
the funding that he committed to the Wraparound program. That was one
step to prevent our kids who are vulnerable, kids who are prone to
getting into this kind of life, from getting into gang violence. That’s
because there’s nothing like prevention. I believe that.
Also, we were hearing from a lot of families and also from the
stakeholders that once charges are laid after a crime has occurred, then
there is definitely more need for a stronger witness security program.
I’m very glad with this tailored-to-B.C. approach that the minister is
bringing with Bill 4. That will help more people to come forward and to
testify.
I know it is so hard to lose a loved one, but once the person is
gone, the family needs the support, and we as a society have to give it
to them. I am really hoping that with this bill coming into force, more
and more people will feel faith in one thing: it will make the process
less cumbersome and easier to navigate but also give the most vulnerable
people who are affected by these crimes more security so that they can
testify without any fear or any threat.
I think this will be one step that will curtail the gang violence,
because the whole purpose of these things is that we don’t want these
young lives to be lost. We want to put a stop to this. With a more
strict or more rigid program coming in, I think that when we get more
results out of it, it will hinder it, and our youth can see the results.
That is something. If they are into this kind of life, there is an end
to it, and there are consequences related to that. That’s very important
to emphasize.
[3:15 p.m.]
I’m really thankful to the Minister of Public Safety and to our
government for taking this matter so seriously, and with compassion
also. I really want to thank them. I would like to close, but I totally
stand in support of this bill.
A. Weaver: It gives me great pleasure to rise and stand in support of Bill 4,
the Witness Security Act, 2019. This bill takes the important and
necessary step of establishing a provincial witness security
program.
As you know, hon. Speaker, witnesses are essential to justice in
our province. They come forward, often at great personal risk, to help
us ensure a safe and a just society. The least we can do is to protect
them in return. Although the federal witness program does its best to
protect these individuals, delays and strict program requirements have
resulted in low witness retention. This, in turn, has hampered the
administration of justice in British Columbia. By establishing a
provincial program now, we are following the same path that other
provinces, such as Alberta and Saskatchewan, at least temporarily, as
well as Manitoba have followed.
As members are aware, public trust in British Columbia’s
government has been rather shaken of late. Money-laundering and its
connection to the crises involving real estate and opioids have abounded
in the newspapers. There have been serious allegations made in our own
Legislature that point to a culture of entitlement and abuse of power.
In light of these events, it’s more important than ever that we restore
the public trust by improving our justice system. British Columbians
must trust our judicial system, not only to hold people accountable for
their actions but to protect the people who do an immense public service
by coming forward as witnesses.
I’m pleased to see this legislation before us today, as it, in my
view and the view of my caucus colleagues, marks another step forward in
restoring public trust in British Columbia.
With that, I thank you for your attention and take my place in the
debate.
G. Begg: It is my pleasure today, too, to rise in support of this
much-needed legislation which, at its base, is another tool in the
toolbox of law enforcement. It’s designed to encourage more people with
knowledge of murders, drug trafficking and other gang-involved crimes to
share the information that they have with the police.
The world we live in today is constantly changing. Advancements
are made every day. We read daily of advancements in medical science, in
space exploration and climate change, in the very way that we live our
lives. What we don’t hear about often are the advancements that are
being made and have been made in criminal activity, particularly
organized criminal activity involving highly motivated, highly educated
and sophisticated young men and women who, for whatever reason, find
themselves involved in crime.
Most of what we know about crime has been glorified and magnified
by what we see on television and in the movies and read in the paper.
But the days of what we used to refer to as traditional organized
crime…. It is and has for many years now been obsolete. The mobster of
yesterday and yesteryear is long gone. Cell phones, clone phones,
international syndicates, online banking, money laundering and offshore
banks are now the new face of what we face in combatting crime in
British Columbia.
As a young person growing up in Ontario, organized crime was what
was then referred to as “traditional organized crime,” largely related
around ethnic groups and very silent. You very rarely heard of the
criminal activity that they were involved in. Today, of course,
organized crime and gang violence has reached a level that we would not
have thought about 20 years ago.
[3:20 p.m.]
I was around in this province as a policeman for the birth of the
UN gang, the United Nations gang. It was formed in Abbotsford in the
late 1990s by a group of high school friends from across the Fraser
Valley. Yes, you heard that right: a group of high school friends from
across the Fraser Valley. They began as a loose-knit group of Abbotsford
young people linked to Asian organized crime, and they grew very
quickly.
I can remember attending briefings as a police officer of many
years’ experience at that time and being amazed at the sophistication of
this group. As we watched and observed, they began a profitable
drug-running enterprise involving helicopters flying across the
U.S.-Canada border, trading what was then much-sought-after British
Columbia cannabis and bringing back cocaine to be sold in
Canada.
As a new criminal organization, the UN gang fought a number of
turf wars against other gangs — most notably in this province, the Red
Scorpions. They also led a turf war against the Independent Soldiers
gang, as it sought to establish itself. Always lurking in the background
was one of the biggest rival gangs in this province, the Hell’s
Angels.
As one might suspect, what began as a war became an agreement to
work together for the common good — not the common good that you and I
expect, but the common no good. They realized, as part of their tactical
operations, that they could be more effective in their trade if they
worked together. So alliances were formed all across this province.
Former enemies became friends and compatriots. They were no longer
rivals in the drug trade; they facilitated the activities of each other.
That, I think, was the start in this province. That organizational
shift, that change in the way they do business, began the gang
wars.
Persons with information became threatened by those who feared
that the release of that information could lead to the interruption of
their illegal commerce. These young high school kids from the Fraser
Valley began to see that their lives could be in danger, that the
information they had, if revealed, could threaten their lives. As a
result of that, I think, today we have found ourselves in the midst of
unprecedented murders here in British Columbia.
I think it’s nice to have a historical perspective on how we got
to where we are. It’s also helpful, I think, to think of these issues in
non-partisan terms. I believe that every member of this Legislature
should do as I do, which is to embrace this new legislation, which will
help the police to deal, at its core, with the cause of this
crime.
Although this crime issue is new and in an unprecedented form
today, the witness protection program in this country is not new. It is
something that was proclaimed, probably, in 1996. I remember then
Governor General Roméo LeBlanc proclaiming it as the law of the land. It
was, at that time, a program that was totally administered by the RCMP.
I, of course, was part of the RCMP. The process that was involved then,
under certain circumstances, allowed witnesses who were in a position to
help police in combatting organized crime to be given a new name. That
was the new start. They could be relocated anywhere in the country after
they had given information to the police.
[3:25 p.m.]
In today’s world, those persons with information that could help
the police find themselves in danger. Those people who have been
witnesses to crime find themselves in potential danger. That danger
starts, usually, when they’re called as witnesses in criminal
proceedings.
We have courthouses in British Columbia today, as a result of all
of this activity, that are called high-security courtrooms. They are
designed to thwart an attempt on the life of witnesses to criminal
proceedings. So if you are involved in today’s crime, if you’re involved
in a gang and you fear for your life, what is the opportunity that you
have to share that information with the police? Chances are that you
will share that information with no one, because you will have witnessed
violence in your group or outside your group that causes you to
fear.
What has happened in British Columbia is that our criminal justice
system has become paralyzed by the lack of our ability to properly
insulate individuals from repercussions as a result of gang activity.
The steps that are being taken today are bold. There are other provinces
in Canada who have made this step and, as a result, have decreased, in
measurable terms, the number of gang-related incidents and increased the
number of convictions — as a result of their ability to protect
witnesses.
The program that is being contemplated here today by the
legislation that we are advancing will do much to encourage more people
with knowledge of crime. When we talk of crime, we’re not talking of
petty crime. We’re talking of major crime. We’re talking of murders;
we’re talking about other gang-related activity. There must be an
incentive for those people with that knowledge to share it with the
police, to share it with the Crown, with the assurance that the police
and other enforcement agencies will do whatever is required to ensure
that no harm comes to them as a result of their involvement in the
judicial system.
Think of that for a moment. What kind of country would countenance
an arrangement whereby if you gave witness to a crime in a court, your
life could be in danger? Certainly not an advanced civilization in the
21st century. Certainly not British Columbia, with an unprecedented rate
of violent crime. There are people with intimate details of very serious
crime who, today, are forced to not acknowledge their knowledge for that
fear. The legislation that is being contemplated today is a major step
forward in reducing the overall crime rate in this province. It is a
major step forward in ensuring that, without fear, persons can step
forward and say: “I saw” or “I did” or “I heard” or “I was
there.”
I spent many years policing in Surrey — now, unfortunately, the
locale of many crimes. Too often I was frustrated by the lack of
witnesses. I knew they were witnesses, but they would not speak of what
they had seen for legitimate fear of what would happen to them if they
did.
This legislation allows us to protect, with integrity, those
people who bravely step forward and offer to help the police. That is
the responsibility of every citizen. We always say: “If you see
something, say something.” If you don’t, our society is degraded, and
all of us are in danger. That is not a society that I would choose to
live in. That is not a society that we should choose to live
in.
[3:30 p.m.]
This is, I know, a non-partisan issue. I know that everyone in
this House will support this legislation, and I commend the Solicitor
General for being brave enough to make this an important item for us. We
will be the beneficiaries. British Columbia will be safer. Crime will be
decreased as a result of this legislation.
I welcome the chance to speak to it, and I urge everyone in this
House to support it.
[J. Isaacs in the chair.]
Hon. H. Bains: It is a pleasure to stand again and speak on legislation that is
very, very close to me. I know many people in this House who would look
at improving our system, where we could have a successful prosecution of
those who are involved in gangs and gun violence. Too many families have
been left with their loved ones taken away from them. The success of
prosecution isn’t what it should be, especially here in British
Columbia.
Safety and security of one’s family and one’s self is the basic
foundation of who we are as a society. If we don’t feel safe in our own
homes, if we don’t feel safe walking our children in our neighbourhoods
and neighbourhood parks or using public facilities, nothing else
matters. Nothing else matters.
That’s why there are key pillars in solving crime. I’m not an
expert, but I have listened to many experts such as the speaker before
me, who spent all of his life dealing with crime and preventing crime
and prosecuting those who were involved in crime — the member for
Surrey-Guildford. But I know what some of the key pillars are.
Prevention is number one where we need to be spending a lot of our
resources, then enforcement and then deterrence. We can look at each one
of them. How are we going to do this?
This bill, Bill 4, Witness Security Act, goes a long way towards
that. If witnesses who have seen the crime — who would like to come out
and help police and help our society to put those people behind bars —
don’t fear for their life or their loved ones, chances are they will
come forward. That’s where the prevention could also come. If they know
something is about to happen, if they know there are people who they
know are involved or are planning to harm somebody, then they could come
forward and prevent that from happening.
Then again, if the crime has occurred and they know they have the
information and they know that they will be protected, that their
families will be protected, chances are they will come forward and
provide that expert advice and witness to what they have seen so that we
are successful in putting those people behind bars who are causing harm
in our neighbourhoods. Once we do that, once we are successful in
putting those people behind bars, then you know that is a strong
deterrent as well.
I think it goes a long way to deal with solving crime — first of
all, preventing and then solving crime, if it happens. I want to thank
our Solicitor General for coming forward and putting this legislation in
place.
We have seen that in British Columbia, in 2017, the numbers are
staggering. We have seen the largest provincial increase and highest
proportion of gang-related homicides in 2017 in all of Canada, and it’s
the only province in which gang-related homicides represent a third or
more of the total homicides two years running, in 2016 and
[3:35 p.m.]
There are other studies out there. Our current Speaker of the
House, the member for Abbotsford South, was involved in a study that
looked at all of the different jurisdictions in the country. That report
is about two years old now. At that particular time, that report told us
and the research was clear that for solving homicide crime in British
Columbia compared to the rest of the country, we had the lowest solving
ratio of all the provinces. They reported a number of reasons behind
that.
They also talked about not only just the gang-related or the gun
violence, but they also related non-gang-related. They made a
comparison. In each of those categories, our success rate was not even
in the middle of where our country is, compared to the rest of the
jurisdictions. We were one of the lowest.
I think these are the steps that are needed to take. These maybe
look like small steps, but without witnesses, you know that the success
of prosecution usually isn’t as we would like it to be when it comes to
the success of putting those people behind bars.
The issue is…. What we’re trying to achieve here is that
successful prosecution will send a clear message to those involved in
organized crime that the province is taking firm and strong actions to
deal with gang violence and that our overall goal is to increase our
public safety.
This legislation empowers enforcement agencies to apply to a
program on behalf of a witness or a person associated with a witness,
such as a family member who is also under threat. It is going a ways to
tell those who have information about crime that if they come forward,
they will be protected. Right now that is not the case. That’s why this
bill is timely, and it is very, very important, I think.
Police have a number of different methods — using surveillance,
using wiretap, undercover. Many of those can be quite dangerous for the
police force themselves, especially being undercover, if you are to go
and work with those who are really dangerous people. If we have
witnesses who also worry about their safety and the safety of their
families, chances are they will be reluctant to come forward.
I think we owe it to all those families who have lost their loved
ones and no one is held accountable. We owe it to those who maybe were
innocent bystanders. They were taken away from their families. We owe it
to those who were simply doing their work, their job, and a stray bullet
hit them. Many people may have information about the people behind that
gun, but they don’t want to come forward because they are worried about
their safety.
This legislation is to deal with that. My understanding is that
British Columbia lags way behind in this area. Other jurisdictions are
way ahead of us. That’s why we are not only just catching up but sending
a clear message that we mean business, that we are coming after you if
you are to pick up a gun and cause harm to anybody.
I’m really proud to stand here to support this bill. We were
involved in Surrey even when we were on the opposition benches, because
crime had become a real issue for people in that region.
I want to make it clear here that criminals have no boundaries.
They don’t have any different area or one particular area where they
want to commit crime. You see people. They’re living in Surrey, but
they’re committing crime in Vancouver, or vice versa. Those who are
living in Delta are committing crime in Abbotsford. Those living in
Abbotsford commit a crime in Kelowna.
[3:40 p.m.]
They are moving to do their business wherever their business takes
them. They’re creating havoc in the neighbourhoods, in the communities
and especially for those families who are worried, when their children
are out, whether their children are going to come home or
not.
Many people take the attitude that these gang members are killing
each other, so who cares. But that’s not who we are as a society, number
one. Number two, we have had incidences with people sitting in their own
homes where the bullet came flying through the window, and they were
very lucky to survive. Other times you’ve seen the bullets flying
through and hitting the schools in different areas. I think those people
who are bad people have bad intentions. They don’t really care as long
as they get their target. Who else is getting hit is not their
worry.
I think the issue is that we have allowed crime to get out of
hand, especially south of the Fraser and in Abbotsford. It started in
Vancouver. Like I said, every community has its share. We need to take
an overall approach, and this bill goes towards that. It’s not just
area-specific. It’s not to deal with one particular kind of crime. It is
about encouraging those who may have information about a crime to come
forward, and they will be looked after.
I think that’s the only way we could ask witnesses to come
forward. You cannot put witnesses at risk of losing their life or
putting their family in harm’s way. I think this is the least we can do.
It is not just for those families who have lost their loved ones. As a
society, I think we need to send a clear message that we mean business.
We’re serious about cutting crime and dealing with crime in this
province.
I want to thank the minister responsible, who has taken this issue
very seriously. He has come out to Surrey and met with many
stakeholders. He has provided resources that are needed on the
prevention side, for example. When I was talking to Rob Rai, who runs
the Wraparound program in our high schools, before we were elected,
even, I said: “Rob, what is going on? How do we help you?” He said:
“Look, we have a very successful program. It is so successful that we
have 40 to 50 youth always on the waiting list.”
I said: “There’s something wrong with that.” That child is coming,
that youth is coming for help because he’s moving in the wrong
direction. He’s pushed into a wrong direction. Finally, he or she made a
decision. “I need help. I want to get away. I want to get back on the
right track.” And we’re saying: “We can’t help you. Just get in the
lineup.” Something’s wrong with that. How are we going to help the
children? That youth is going to go away, because there are other forces
pushing and pulling him.
I checked with the minister after we got elected. He told me that
he needed about $500,000 to eliminate the wait-list. I spoke to our
minister. The minister said that that made sense. Before I knew it, he
was in Surrey making an announcement that they will get $500,000 on an
ongoing basis. Not just ad hoc, the way the program was funded before.
It will be on an ongoing basis. Every year they will get $500,000. Rob
Rai is very, very happy that he’s now able to help those youth who need
help at that particular time rather than telling them to go and
wait.
Those are the types of steps we are taking. I’m so happy and proud
to be part of a government which is taking these issues that are so
important to our community, so important to our families, and that we
are moving in the right direction. This bill, the Witness Security Act,
is one of the areas that I think was long overdue, and we are moving in
that direction. I hope that we will get the support from both sides of
the House, all three parties.
[3:45 p.m.]
I can tell you that when I go out there and door-knock…. I do it
between elections just to see where my constituents are and what their
issues are so that I understand, when I stand up here, that the issues
I’m speaking about here are the issues that they gave to me.
One of the things that they would tell you all the time…. They’ve
got jobs. They live in a nice neighbourhood. Then I ask them: “What are
the issues in this neighbourhood? Are there any issues or concerns that
you want to share with me?” At first, they are shocked to see that
somebody is there, talking to them, asking about their
issues.
When I ask about different issues — about education, health care,
crime — then they just open up. They say: “Well, we can hardly take our
children to school without walking by someone who is selling drugs on
our street.” And I say: “Why don’t you call the police?” “We try. We
call them, but we have given up because the police say they don’t have
enough resources.” They don’t come, and these drug dealers know that as
well — that they are going to get away with it.
One of the neighbours told me…. When I asked, “Why are you doing
it in our neighbourhood?” this drug dealer said, “Well, call the police
if you don’t like it,” knowing that the police are not going to show
up.
I think we owe it to our families. We owe it to our
neighbourhoods. We owe it to our communities. They must feel safe when
they are walking in their neighbourhood. They must have confidence that
their children are safe when they are walking by that kind of an
environment in their neighbourhood.
They must feel safe inside their homes — that stray bullets aren’t
going to fly through the window and hit someone in that house. They
should feel confident that when their children are in school, they are
safe, that bullets aren’t flying through the windows of the school. That
has happened. We have seen innocent bystanders getting killed. We have
seen mistaken identities and somebody getting killed.
Where is the accountability? I think that’s, basically, what we
are talking about here. How many of them have been thrown behind bars,
who have committed a crime in our neighbourhoods?
I think the report by our Speaker is very clear — that our success
rate in solving homicides, especially gang-related, is the lowest in the
country. There has to be a reason behind it. They’re comparing apples to
apples, not just gang-related versus non-gang-related. They have divided
up those two areas all across the country. When B.C. fell way behind….
I’m talking about this study that was conducted about two years
ago.
I think action was needed many years ago. Nonetheless, we are here
now. I’m so happy that our minister has taken this thing seriously. This
bill goes a long way in dealing with the area of solving crime by
encouraging witnesses to come forward with the information that they may
have and be a Crown witness so that we can put those people behind bars
and end gang violence and gun violence.
I’m happy to share my views on that. I have a lot more to say. I
think, for now, I would say that those are my comments on this issue.
I’m happy to stand here and support Bill 4.
Deputy Speaker: When the minister rises, it shall close debate.
Hon. M. Farnworth: It’s my pleasure to rise to close debate and to take a little bit
of time to respond to the thoughtful comments from both sides of the
House on this important piece of legislation.
I’ve listened with great care. I know that when we get to
committee stage, there will be an opportunity to address questions that
I know members of the opposition have put forward. My critic from Prince
George–Mackenzie has raised issues around costs again, very important
questions. We will have that ability to explore those issues during the
stage-by-stage debate, during committee stage.
I want to talk a little bit about why I think this bill is
important and to give some comfort to members that it’s not a piece of
legislation that has been developed in isolation.
[3:50 p.m.]
As all of us know, the issue of gang crime and gang violence in
this province has been one that has been evolving. It has been evolving
for a number of reasons. My colleague the former RCMP inspector who has
had more experience with this matter than, I think, the rest of us
combined in this House, has outlined changes — societal changes, changes
in technology — that have made it easier for non-traditional organized
crime to develop and to take hold in a way that law enforcement probably
never imagined or that society or the general public ever
imagined.
For many years, organized crime, as has been pointed out, was very
much often family based, in major urban centres that were dominated by
some very traditional organized crime structures, which all of us know
were quite often the basis for films or TV shows. Every once in a while,
there would be an eruption of violence. The details would be splashed
across the papers, quite often south of the border, and they would make
their way up here. You would have TV shows that were developed on that
kind of approach. The Eliot Ness one in the late ’50s and early ’60s was
very much the public’s view of organized crime. It was carried out in
secret, behind closed doors. I guess a more recent show would be The
Sopranos . But that’s often very much the public’s
view.
The world has changed because of the changes in technology,
because of the changes in communications, because of the changes in cell
phones. The ability to get a cell phone and to dispose of it, because it
is so inexpensive and so cheap…. It is, in essence, the cost of doing
business.
Whereas before, being able to tap a land line, getting the
authorization to do that, allowed the police to be able to build and
develop a case, using Revenue Canada and their ability to use tax
records. In terms of the fight against organized crime, often the first
breakthroughs in the traditional, sort of, structures were to follow the
money. You know, follow the money, and that’s how those successes were
taking place.
Witness protection programs were a part of that. They were done at
the national level, at the federal level. But what we have seen,
especially in this province, has been a complete change over the last
few decades of how the development has taken place in organized crime.
We saw it in small groups that were starting out, the drug lines, the
links to offshore emerging markets in emerging countries.
Quite often, in terms of the drug trade, initially it was coming
out of South America, and it was coming out of Mexico, for example, and
the drug cartels down there. What we’ve seen is the growth coming out of
Asia, in particular, China, when it comes to fentanyl and the challenges
that that places on our national authorities, on our border agencies, on
our federal resources to be able to deal with organized
crime.
On top of that were changes that were made at the federal level in
terms of priorities. We’ve seen that in terms of the rise of terrorism
over the last 20 years and how that has impacted even here, and the
changing and the reallocation of resources at the federal level, from
organized crime to dealing with terrorism issues.
All of these things, and the challenges that government faces….
And the fact that government, and rightly so, is governed by laws, our
Charter of Rights, court decisions. All of those things that are the
underpinnings of a democratic society — that rule of law that we abide
by — organized criminals and those engaged in that kind of criminal
activity don’t care about. That’s not part of who they are. It’s not
part of how they operate. So they are constantly evolving.
[3:55 p.m.]
than ever before, using apps that are meant to assist people to engage
with each other, but have a dark side, a flip side which allows that
disposability, that ability to use technology to create very silent ways
of communicating, very silent ways of transferring money. The emergence
of cryptocurrencies, for example.
I mean, one of the biggest…. It gets a lot of press, and you see
the things. You know, “If you’d invested this much, you’d be worth this
much,” and then two weeks later, it’s down, and people go: “Wow, isn’t
this neat?” It is fascinating. But at the same time, who is paying
attention to that? Who is looking at those kinds of things? Organized
crime. Criminals. Gangs. All of those things are a way to hide assets,
to continue to do what they do in a way that was never dreamt
of.
We have seen that, and that structure, come down to people who are
younger than ever before — getting involved because they see some sort
of glamour. They see some sort of easy money. They see some sort of fast
approach to a lifestyle that we all know has only two outcomes: behind
bars or a toe tag.
One of the things that we need to do and one of the things that
government has recognized and that parents have recognized and that
educators have recognized is the need and importance to have a
multi-pronged approach when it comes to dealing with crime. The
education
part is critical. The resources to school systems, to
communities such as Surrey, to communities such as Abbotsford, to
communities such as Williams Lake, to have programs in place, to educate
kids at a very early age to be able to start to get them if they’re
showing signs of the wrong kind of behavior, if they’re showing signs
that could lead them down into a gang lifestyle or that wrong criminal
track, to be able to put them back onto the right track.
It means the family supports. It means the educational supports.
All of those things are important, and all of those are things that
government has been doing and will continue to do.
At the same time, on the consequence side, there is the need to be
able to say and the need to be able to put in place that you know what?
You will get caught. You will go to jail, if you don’t get killed. And
you will lose those things. So we have seen the development of
legislation, which has seen, for example, civil forfeiture, which has
allowed us to confiscate assets. To be able to say: “You know what? That
Lamborghini that was obtained with the proceeds of criminal activity —
sorry, it’s not yours anymore. You can walk, if you’re not going to
jail. But you’re losing it.” And that fancy house obtained with criminal
proceeds? That’s gone too.
We have a number of court cases underway with criminal
organizations, the Hell’s Angels being one, where civil forfeiture is
currently being used. That’s one aspect that government has put in
place. There’s other legislation that has been introduced that will
assist in that. But again, it’s an example of that multi-pronged
approach that has to be taken.
Then there is the challenge of getting the evidence, the challenge
of putting together a case, the challenge of being able to, with all the
changes that have taken place — all the case law that has happened, all
the changes in law at the federal level in terms of developing the rules
and the guidelines and those cases that set precedents by which law
enforcement must operate and which governments must take into account….
There then becomes that ability to be able to put together a
case.
As we know, the most effective way to do that is having evidence
that will stand up in court, whether it is DNA evidence, whether it is
records or witnesses — people who have been involved firsthand in the
kind of criminal activity that we have seen, the kind of criminal
activity that everybody who has spoken in this House has
recognized.
[4:00 p.m.]
There are people who have seen things, who have participated in
things, who know things that need to come forward. And there are many
who know that they do need to come forward, but they don’t know how.
They fear for their own safety, or they fear for the safety of their
friends and their family, and they want do the right thing because, at
some point, they have become sickened by what they have seen. Or they
have become scared for their own safety by what they have seen and what
they know, and they want to be able to assist the police and do the
right thing.
We have the federal program in place, and that will continue to be
in place. But what we need in this province, and what other provinces
have recognized, is something that is B.C.-based that allows us to deal
with the situations that we find here in British Columbia and that is
flexible and adaptable and can be put into place quickly. That’s what
this legislation is about.
It will give us a unique flexibility that will assist the police
and law enforcement agencies in this province to be able to do just
that, to be able to say to someone: “There is another path. We can
protect you if you testify. We can help. There is legislation that will
allow us to do this.”
I can tell you, upon becoming Solicitor General and having my
first meeting with E division…. We talked about: “What are the kinds of
things that you would like to see happen?” This was at the top of their
list. They viewed this as a significant advance that would assist them
in terms of dealing with gang violence and organized crime in the
province of British Columbia.
When I talk with community groups, when I talk with local councils
about the kind of support they need, it’s not just on the education
front, not just in terms of putting more boots on the ground but the
kinds of things that would assist police in being able to do a better
job, not only in bringing individuals to justice but to have more
successful prosecutions.
This has been the experience in Alberta. This has been the
experience in Saskatchewan and Manitoba. Ontario and Quebec also have a
different kind of program, but they’ve all gone down this route of
recognizing that they need something that meets the needs of their
individual provinces and their individual demographics and their
individual, unique circumstances.
That’s what this legislation is about, and that’s why I am so
pleased to be able to stand and have this before the House — and very
pleased with the support that it has received so far. As I said, there
will be plenty of time to deal with the questions at committee stage. I
look forward to doing just that.
With that, I will take my place, as the final speaker on this
particular piece of legislation.
Deputy Speaker: Members, the question is second reading of Bill 4, Witness
Security Act.
Motion approved.
Hon. M. Farnworth: I move