from
Friday's Globe and Mail Published
on Friday, Mar. 23, 2007 7:49AM EDT Last
updated on Tuesday, Mar. 31, 2009 10:24PM EDT
A
man in the RCMP's witness protection program committed homicide, but we can't
tell you anything about that homicide -- not even who he killed. We can't reveal
the details because they might reveal his true identity, and the
witness-protection law provides permanent confidentiality to the informants who
enter it. The exceptions are extremely limited; unfortunately, committing
homicide is not among them. Not even the family members hurt by his crime are
permitted to learn the full story. Even after the man is dead, his identity will
be protected.
What
we know is chilling -- not only the homicide, but his dangerous unreliability as
an informant. But what should the public make of what we don't know? How often
does the RCMP make such egregious mistakes when choosing informants and agents?
We have no idea, and neither does anyone else outside the RCMP. No one is
watching because no one is allowed to look. The RCMP commissioner is responsible
for producing an annual report on witness protection, but nothing in that report
would reveal the type of problems reported on by Greg McArthur and Gary Dimmock
in today's Globe and Mail and Ottawa Citizen.
The
law that protects the identity of informants in the witness protection program
also shields the RCMP from public scrutiny about the integrity of its program.
Public Safety Minister Stockwell Day should consider whether permanent
confidentiality is necessary and appropriate, and whether a civilian review
mechanism could help ensure that the RCMP does a good job of managing the
witness program.
The
RCMP argues that the witness program is a key part of this country's fight
against organized crime. If informants who committed crimes or lied to police
had their identity revealed, that might compromise other informants who dealt
with them along the way. And the promise of permanent protection is part of what
appeals to informants.
But
confidentiality should not always trump legitimate public interests, such as
maintaining transparency in policing and in the courts. And perhaps police
informants would be less likely to abuse the system if they were told upfront
that they could lose their protection if they committed major crimes.
The
RCMP made some disturbing mistakes with at least one informant and agent in its
witness protection program. That is what we know. What we don't know may be
worse yet; but federal law in effect shields Canada's national police force from
scrutiny for this aspect of its work. Trust us, Canadians are told. The story of
the informant who committed homicide and maintained his confidentiality shows
why trust is not enough.