Witness Protection Program Act

Marginal note:Disclosures prohibited

• 11 (1) Subject to this section, no person shall knowingly disclose, directly or indirectly, information about the location or a change of identity of a protectee or former protectee.

• Marginal note:Application

  (2) Subsection (1) does not apply

  • (a) to a protectee or former protectee who discloses information about the protectee or former protectee if the disclosure does not endanger the safety of another protectee or former protectee and does not compromise the integrity of the Program; or

  • (b) to a person who discloses information that was disclosed to the person by a protectee or former protectee if the disclosure does not endanger the safety of the protectee or former protectee or another protectee or former protectee and does not compromise the integrity of the Program.

• Marginal note:Exception

  (3) Information about the location or a change of identity of a protectee or former protectee may be disclosed by the Commissioner

  • (a) with the consent of the protectee or former protectee;

  • (b) if the protectee or former protectee has previously disclosed the information or acted in a manner that results in the disclosure;

  • (c) if the disclosure is essential in the public interest for purposes such as

    • (i) the investigation of a serious offence where there is reason to believe that the protectee or former protectee can provide material information or evidence in relation to, or has been involved in the commission of, the offence,

    • (ii) the prevention of the commission of a serious offence, or

    • (iii) national security or national defence; or

  • (d) in criminal proceedings where the disclosure is essential to establish the innocence of a person.

• Marginal note:Further disclosures prohibited

  (4) A disclosure of information made to a person under this section does not authorize the person to disclose the information to anyone else.

• Marginal note:Notification of proposed disclosure

  (5) The Commissioner shall, before disclosing information about a person in the circumstances referred to in paragraph (3)(b), (c) or (d), take reasonable steps to notify the person and allow the person to make representations concerning the matter.

• Marginal note:Exception

  (6) Subsection (5) does not apply if, in the opinion of the Commissioner, the result of notifying the person would impede the investigation of an offence.