The House resumed consideration of the motion that Bill , be read the second time and referred to a committee.
:
Mr. Speaker, I am pleased to rise today to speak in support of Bill , the fair elections act.
The bill proposes a substantial reform of many basic aspects of our elections act. Moreover, it contains measures aimed at giving investigators more powers, measures to protect voters from rogue calls, measures aimed at protecting politicians from the corrupting influence of big money, measures to combat election fraud and measures to ensure predictable application in line with the rules in the elections act. These are very important measures.
However, today I would like to highlight the aspects of the bill that provide better service to voters. As we are all aware, there has been a significant drop in voter turnout in the last 30 years. This is a serious problem that could threaten our democracy.
In fact, the legitimacy of our democracy depends on the fact that Canadians choose their government through free and fair elections. We must try to stop the drop in voter turnout and encourage people to vote so that we can protect our democracy.
I am pleased to see that the government has answered the call with this bill and that it is proposing measures designed to increase access to voting. Indeed, one measure in the adds another day to advance polling: the eighth day before polling day, a Sunday. This will make for a continuous block of advance polling days, from Friday to Monday in the week before the election. The measure will lead to real results.
Studies done by universities and by Elections Canada show that the most common reason that people do not vote is that they do not have an opportunity to go to a polling station. Our modern lifestyle is increasingly hectic and it is often difficult to find the time to vote. During the 2011 election, more than 2 million Canadians exercised their right to vote at advance polling stations. This clearly shows that, if people are given the opportunity to vote, they will do so.
I am also pleased to see that the proposes measures designed to eliminate congestion at polling stations. When voters come to polling stations, the very least we can do is to make sure that they can vote quickly and efficiently. I note that the bill follows up on a recommendation in the Chief Electoral Officer's report after the 40th general election. It provides for the appointment of additional election officers in order to reduce congestion at polling stations.
At the risk of repeating myself, everything must be done so that the voting process at polling stations moves quickly. More election officers in busy polling stations will make for a better voting process.
I also understand that election officers at polling stations will be able to spend more time serving voters, since the bill will eliminate the need to swear in candidates' representatives at each polling station they are responsible for in an electoral district.
With fewer oaths to administer, election officers will be able to let voters cast ballots more quickly, without interruptions. Furthermore, the bill will require candidates, parties and riding associations to submit the names of individuals who have the skills required to perform the duties of election officers earlier in the electoral period.
Right now, the names must be submitted no later than the 17th day before polling day, but in future they will need to be submitted a week earlier, no later than the 24th day before polling day.
This reform is important, because those people can be trained earlier and will have more time for their training. A better trained election officer will be able to make sure that the voting process is more efficient and quicker.
I am sure that a more efficient voting process will enable voters to cast ballots despite the pressures of their daily obligations.
Finally, I am happy to see that the will require the Chief Electoral Officer to focus his communications on voters in order to provide them with the information they need to be able to vote. The Chief Electoral Officer will be required to provide information on how to vote, including the times, dates and locations for voting.
The Chief Electoral Office will also be required to provide voters with disabilities with information on the measures designed to help them exercise their right to vote. Everyone with special needs must know about the help that is available to them.
The emphasizes the importance of making this information accessible to voters.
To conclude, I would once again like to voice my support for Bill . The fair elections act will ensure that voters are better served when they go to the polling stations.
Given that the first duty of any Canadian citizen is to exercise their right to vote, and for all the reasons mentioned earlier, I urge my colleagues on both sides of the House to support Bill at second reading.
:
Mr. Speaker, I am pleased to make a few comments about Bill , which is before the House, unfortunately, for far too short a time for debate, thanks to the closure motion put forward yet again by the government.
Conservatives are acting as though issues of democracy and the very way we elect our representatives in Canada are not important issues. They are acting as though the kind of detail and complexity of a bill of over 200 pages can be commented on, debated, and discussed in literally a few hours. Unfortunately, that is symbolic of the cynicism that underpins the bill and some of the very concerning elements that are in it.
I would like to start by talking about the importance of democracy to Canadian citizens. I was reminded of that in my constituency of Vancouver Quadra, not just this past weekend, where I had organized several events to engage with voters, but the previous weekend, where I had organized a town hall on the subject of democracy. One might think this is a topic for academics or a handful of people who are interested in theories around our electoral system and political framework in Canada, our democracy. In fact, at the town hall that I hosted 10 days ago, 200 people turned out. We were not able to fit everyone in; we were not able to provide chairs for everyone.
What I heard again and again, and what I have been hearing in Vancouver Quadra, is that this is one of the key concerns that voters have today about the direction the Conservative government and Conservative are taking Canada. There are many other concerns as well. There are the kinds of breaches of trust with Canadian citizens when environmental regulatory frameworks are virtually eliminated with the stroke of the pen, in a way that is misrepresented to the public. I could list many of the changes that the Conservatives have made, including to the Navigable Waters Protection Act, the Environmental Assessment Act, and others.
That is a concern to people in Vancouver Quadra. There are also issues around immigration policy. There are issues around access to employment insurance. There are issues around government spending on advertising that crosses the line into partisan advertising. This is advertising done to advantage the Conservative Party and Conservative government, but using taxpayer dollars. There is a huge range of issues that concern people in my constituency in Vancouver Quadra. However, underpinning those is the erosion of democracy. That is what I hear about time and time again.
For example, the government cancelled the mandatory long form census, with a supposed explanation that there was an invasion of privacy, while at the same time the government brushed off concerns around the collection of metadata and the tracking of people's movements through their devices that are using Wi-Fi. The government brushed off concerns of that invasion of privacy, an invasion that the Ontario Privacy Commissioner Ann Cavoukian considers to be very dangerous for the future of our democracy and takes Canada down a totalitarian path.
It is these concerns about democracy that I hear again and again.
The other changes being made are also being made in a way that is anti-democratic.The more we shrink our democratic principles in Canada, or the more the Conservative government shrinks access to true, open, and accountable democracy, the more it is able to rush through omnibus budget bills that have major policy changes embedded in them without the ability of members of Parliament to adequately debate them, and without adequate public consultation or respect for the concerns of the public.
Bill is focused on the issue of democracy and, unfortunately, is a further erosion of our democracy. Bill is an opportunity for the government to strengthen some of the fundamentals of our democracy through our electoral processes, in a way that would be non-partisan and could be respected and appreciated by Canadians. It could begin to reverse the increasing reputation of the Conservatives for their dictatorial and highly partisan actions on behalf of their voters and to the detriment of our democracy. This is an opportunity to address that distressing tendency of the government, and it has failed to take it.
I want to confirm that there are several minor provisions in the bill that the Liberals do support.
[Translation]
In a unanimous ruling, the Supreme Court of Canada found that the ban on transmitting election results before polls close infringes on freedom of speech. The fair elections act will repeal that ban and ensure respect for freedom of speech.
[English]
Having a limit on early election results is not practical, and eliminating that necessity is a positive.
[Translation]
The bill also provides an extra day of advance polling. This change will give Canadians four days to vote in advance polls.
[English]
Having one more early advance voting day is positive. Again, it is minor.
[Translation]
For almost two years now, the Conservatives have been promising a bill to reform the Canada Elections Act. Instead, they have torpedoed reform by gutting the enforcement provisions.
[English]
That is damning. The Chief Electoral Officer, who was appointed by the Conservative government itself, has called the bill an affront to democracy. That is a very strong statement, by someone who is not given to partisan statements. Canadian citizens need to stand up and take notice. It is an affront to democracy, rushed through by the Conservative government to reinforce its benefit and partisan gain.
What are some of the principles we need to consider here?
First is voter participation, which is important in a democracy, and access for all Canadians to the right to vote. Second is respecting the rules; in other words, no cheating. For that, we need effective compliance and enforcement. Third is non-partisan party input.
This bill has undermined all of the principles I have just mentioned. It is intending to suppress voters by making it more difficult for 4% of Canadians who have the right to vote but may not have the kind of photo ID that would be necessary. It would marginalize remote first nations reserve residents, the poorest Canadians, and seniors who no longer have a driver's licence and might not have a passport. This bill is making these things worse.
On the topic of respecting the rules and no cheating, I have a laundry list, which I will not be able to get to, of all of the cheating that has been done by the Conservative Party and its members. This would be an opportunity to plug the loopholes.
Bill is going to make compliance and enforcement much more difficult. It makes it much more partisan.
It is a shocking and shameful bill that the government is putting forward. I would call it the “voter suppression with impunity” bill. We need to see changes to this bill at committee.
:
Mr. Speaker, I listened to the member's speech, and I am a little shocked that the Liberal Party would call this bill “voter suppression”.
If the member is referring to the requirements that voters should be Canadian, should live within the riding they are voting in, and that they should vote only once, then so be it.
I want to talk about the Liberal Party for just a moment, and the statistics of elections in the past. My riding is Scarborough Centre. In 2007, the Conservative government brought in a bill that disallowed people who had only the white voter card from voting. We have heard stories about people just picking the cards up in apartment buildings and voting.
I want to make a point. In Scarborough Centre, in 2006, before that legislation and, after the legislation, in 2008, the actual Liberal vote in Scarborough Centre dropped by over 5,000 votes. In Scarborough—Agincourt, it dropped by 5,000 votes; in Scarborough—Guildwood, it dropped by almost 4,000 votes; in Scarborough Southwest, it dropped by over 4,000; and in Scarborough—Rouge River, which was rampant with allegations of fraud in the last election in 2011, in the 2008 election, after we implemented legislation to stop voter fraud, the Liberal Party vote dropped by over 6,000.
I just want to bring this to the attention of the Liberal Party. When the member talks about allegations of fraud or things like that going on, it is the Liberal Party that is probably the most concerned about this legislation because in fact, proven by historical records, it is their party that is being fraudulently supported.
:
Mr. Speaker, it is interesting to hear the Liberals talk about this bill in light of the member before me mentioning that ensuring a fair election is something that the Liberals are afraid of, that because we brought forward a bill that would ensure a fair election, would see leadership candidates being responsible for the debts they incur, and would bring in limits with respect to leadership contests, that is somehow a disadvantage to the Liberal Party.
Imagine that, a bill that would make elections fairer, make it easier for Canadians to vote, and would give them more access to polling stations is somehow something that the Liberal Party is terrified of. The fact that they are in third place in the House of Commons, I guess, must be the fault of Elections Canada and not the fault of their terrible policies and decisions they made when they were in government.
More specific to the bill, there has been a lot of discussion on a number of its aspects. Some of the debate has been good and some not so good. I note that some 16 New Democrats and 16 Liberals have already spoken to this bill. Many have mentioned vouching and voter identification. I will get to that in a second, but I first want to talk about the process of elections and why it was important for us to bring forward change.
We know that members opposite, from both parties, including the government, all knew that some changes had to be made to the Canada Elections Act. That goes without saying. We have, of course, been consulting for a long time. The and the have been working very hard on this, and we have brought forward a very comprehensive bill.
One thing we had to do was look at the people who have been charged with undertaking elections. I listened to the Chief Electoral Officer yesterday on TV and he said something I believe to be true. He said that Canada is a very large, very diverse country, and that voting in a country of this size has a lot of challenges. I would say one of the most important functions we have for preserving our democracy is making sure that elections are done fairly and that Canadians can have confidence in the fact that the people who have voted are the right people and that those votes reflect the population.
After the 41st general election, Elections Canada sought some advice from the people who actually work for it, in a series of post-mortem sessions with returning officers. This is a result of Elections Canada talking to all returning officers in all of the 308 ridings across this country. On page 10 of the report, it states:
ROs identified that there is a need to give out more information to electors; for example, there are not enough outreach activities and communications about where the RO office is located and on the voting process.
They suggest taking out ads explaining that advance polls would be busier. They suggest that ads should be taken out to tell people how to vote, what identification is required, the special balloting process. They are saying that the process of holding an election is something that these returning officers—and, again, I refer everybody to page 10 of the report—thought was something Elections Canada could have done a better job of in helping to organize an election across such a vast land.
I will also go to page 17 of that same report, which talks a bit about the problem that some of the returning officers had at advance polls. It states that:
A high voter turnout was a reality for most ROs, significant enough that there were many complaints about wait times. To improve the flow when it is busy, ROs suggest putting a single signature line on the list of electors….
It appears that having electors write too much information was causing a dilemma.
Those two items, I think, speak to the fact that the people who were placed on the ground to make sure our elections are done fairly were experiencing problems of congestion, of people not knowing where to vote, when to vote, and what identification was needed in order to vote. The returning officers suggested that should be the role that Elections Canada should focus on, going forward, if it wants to make the process of elections better.
I note that in the bill brought forward by the , we took that advice from the returning officers and put it right into the legislation, re-focusing the mandate of Elections Canada so that it can focus on what its own employees said is a priority: getting people to vote and making sure elections run smoothly.
When we talk about why the vote is not where we would like it to be and why there has been a decline in voter participation, clearly, one reason has to be that Canadians do not always find it easy to vote. That has to be one of the problems. We are seeing that when we add advance polls, more Canadians use them. The bill would add another day of voting, making it easier for Canadians to vote, so having a fourth day of advance polling, we think, will help to get more Canadians out to the polls.
Ultimately, I find it passing ridiculous that the opposition parties are suggesting the reason Canadians are not voting is that Elections Canada is not placing an ad in the paper, explaining to them or trying to energize them to vote, because that is our job. It is the job of parties and candidates to get people to vote, to energize them to vote.
I cannot imagine anybody would miss the fact that there is an election going on. There are signs everywhere, and the media, every night, follows around all three campaigns on TV. There is advertising, phone calls are made, and literature is delivered at doors. People are knocking on doors.
Elections Canada does some work with respect to telling people how to vote and where to vote. The voter cards explain to people where their poll is. I cannot imagine people not understanding that an election is taking place, but I think what they get upset about is that when they go to vote, it is a difficult process. They have to wait in line. The bill would put more resources in hand to make sure it is done fairly.
With respect to vouching, I would refer all members of the House to page 25 of the bill. Of course there are 39 pieces of identification that are acceptable with respect to proving an address, but the bill also goes further to say, on page 25, in both French and English:
(3.1) If the address contained in the piece or pieces of identification provided under subsection (2) does not prove the elector’s residence but is consistent with information related to the elector that appears on the list of electors, the elector’s residence is deemed to have been proven.
That gives everybody the opportunity to make sure they cast a ballot.
However, is there a burden of proof? Absolutely. I cannot imagine that Canadians would accept that we should just completely drop the demands for identification and say that anybody can vote. That would be inappropriate. At the same time, we are expecting that Canadians have identification, but in instances there is still, according to the bill on page 25, in French and English, an opportunity for Canadians to cast a ballot.
It goes even further. We heard a lot about robocalls, and not just during elections. The riding of the member for was singled out and charged with respect to robocalls, and I think all Canadians have accepted that all parties have to do a better job of making sure that we do this fairly.
That is why the CRTC would be maintaining a registry. They would maintain scripts and recordings so that Canadians and the Elections Commissioner would have access to information if an investigation is required.
In summary, we would be letting Elections Canada do what it needs to do to be the actual guardians of elections in this country: to focus on voting, to focus on the process, and at the same time, we would be giving the Elections Commissioner the power he needs to make sure that voting is done fairly and that nobody breaks the rules. When people do break the rules, the new act would give the Commissioner the tools he needs to enforce the Elections Act in a way that we have not seen in a long time.
I do hope all members will take a moment to read the bill and reflect on that before they cast their ballot.
:
Mr. Speaker, I feel privileged to stand today to speak to Bill . I am going to go back in history a little and talk about my background.
I had parents who were good enough to speak at the dining room table about things like elections, so my six brothers and sisters and I learned about elections that way. We learned from them the importance and duty of Canadians to go vote when it was time to vote. Sometimes we talked about the issues, even before we were old enough to know some of them. I had that ability in my past life. Then I became a small business person who had a very busy life. Twenty-four hours a day 7 days a week I worried about a business I had to run. However, I am proud to say I do not remember ever missing an election: municipal, provincial, or federal, because my parents had instilled in me the duty of Canadians to vote.
Long before politics I never thought about the actual running of elections. I never thought about the rules that are there to make sure Canadians vote fairly and accurately. I did not think of them, but I certainly went to polling booths, gave them my name, showed my ID, received a ballot, and made my choice based on the work that the parties or the candidates had done during an election.
Fast forward now through a whole pile of life to 10 years ago when I decided I would become a candidate. I became a little more interested in what was happening with elections: how elections were run, what Elections Canada did, who made sure people got to the polling stations, who generated the lists, and who made the rules as to what days we could or could not vote. I still ran into some of my peers, small business owners and other very busy people, who would have loved to have more time, who wanted to exercise their duty as Canadians to vote, but sometimes the hockey practice or a scout meeting got in the way. We know how that is: life gets busy and that happens.
Move forward now into this Parliament. I have been here almost 10 years. Now, as the chair of the procedure and House affairs committee for a good number of years, five I think, I have been dealing with Elections Canada during that time. I now know more about elections and Elections Canada than I care to know. After each election, the Chief Electoral Officer writes a report and sends it back to Parliament. The procedure and House affairs committee gets to review it and from that comes up with elections legislation. The Chief Electoral Officer is one of the people from whom we get most of our ideas for changes to the legislation. We certainly have had many discussions at committee.
It is a fun committee. I see some of the members here in the House today. We tend to get a lot done, but elections are one of the things we are responsible for. We tend to work on a good, consensus basis without a great deal of argument. We have had many witnesses over those times looking at the Chief Electoral Officer's report and other pieces in our discussions about elections. We have had many briefs come to us from those witnesses. This is where this piece of legislation has come from. It has come from answering those questions.
I am going to say something from a business point of view. First, if I am trying to attract more customers, as a business person I need to first find out why customers are not coming to my business and where else they are going. We have done the same thing with elections. If people are not going out to vote, let us find out why and then we will know where to go to find those people.
As the speaker before me said, why a person votes, why they are making that urgent visit to the voting booth, has to do with the parties. It has to do with the candidates. However, the who, what, when, and where the polling station is, what time it is open, and how many of them there are is set by Elections Canada. Most non-voters told Elections Canada in a survey that practical reasons were what prevented them from voting in 2011. Travelling was cited by 17%, as they were away from home. Work or school scheduling accounted for 13%. Also, being too busy was cited by 10%, and lack of information was mentioned by 7%. That is just to name a few.
Over the past several elections there has been a steady rise in the proportion of electors identifying everyday life issues as the main reason for not voting, and a steady decline for political reasons. That is according to Elections Canada, the “Report on the Evaluations of the 41st General Election of May 2, 2011” by the Chief Electoral Officer, which we have discussed thoroughly at committee.
Better customer service will remove some of these practical issues, some of the reasons like, “I can't make it because it's the middle of hockey practice, it's the middle of my business meeting and I had to stay at work”.
We are offering more voting days. During the 2011 general election, more than two million Canadians cast their ballot on an advance poll day. Two million Canadians took into account the fact they were not going to be able to be there for voting day and went to an advance poll. We are adding an extra advance poll on the seventh day. So the tenth, the ninth, the eighth, and the seventh days before election day will now all be advance poll days, the seventh being a Sunday.
My pastor knows where I should be on Sundays but he also knew that I operated a business seven days a week and that sometimes I was not always able to be there, which also opens up the opportunity that afternoon of my going to an advance poll. That in itself offers something to the percentage of people that I said, from a customer service point of view, were not able to find a day to vote.
Let us go from attracting those customers to the poll to the point of view of my being a business person trying to attract more people to our business. In that case, the other step I would take is to tell them where I was. I would tell them what time my business was open. I would tell them when I was available to give them the service they were looking for. That is all we are asking of the Chief Electoral Officer and Elections Canada, to please tell people where and when they can vote. Please tell Canadians how many days are available to vote and that, by special ballot, it is almost the whole 35 days of an election. There will now be five advance polls days plus a full day of election day voting at each of the other polls.
This is a tough business to run with 308 ridings across this country, soon to be 338, and about 200 polling stations in each of those ridings. Imagine turning that on and off from an Elections Canada point of view. I admire its ability to turn that type of service on and off and the way it is done, but let us use our time to tell the people of Canada when and where they can vote. Let us as politicians, as members of parties or not, give the reasons why people want to go to the polls. It is up to Elections Canada to tell them when and where. It is up to us to get them there and tell them why.
I will recap quickly. It is about customer service. There are many other parts of the bill that I know, when it gets to committee, the committee will be happy to deal with and talk about. We will have a great discussion. We will certainly see lots of lots of witnesses. In summary, I just wanted to talk about the customer service side of an election and the customer service side of Elections Canada.
:
Mr. Speaker, I am pleased to rise in the House today to speak to Bill , which was introduced last Tuesday. The bill is 242 pages long and was introduced less than a week ago. Today is the last day for debate at second reading of this bill.
As I said, the bill was introduced seven days ago, including the weekend. Of course, there is no debate in the House on the weekend. This 242-page bill was introduced less than seven days ago. The second reading vote is already happening this evening, as though we the members have had enough time to carefully analyze the bill and debate it here in the House. The bill will very soon be sent to committee. Members first saw this 242-page bill about a week and a half ago. The whole process has been very quick.
This is not the first time this has happened. In fact, since the Conservatives won a majority, this is unfortunately what has happened with every bill they introduce in the House.
It is interesting to know the background of the minister who introduced Bill . The was one of the biggest defenders of the recent in and out scandal. He was the most partisan member and staunchly defended electoral fraud, as revealed by the Elections Canada investigation. Today, the same member is introducing electoral reform. It is a little clearer why he is so familiar with the elections act. He was the one who defended his party when it circumvented this very act. We understand why he knows it so well. His party acted very much against this act.
The minister of state also has a long history of attacks against Elections Canada. The Conservative Party is still conducting a vendetta against Elections Canada. It seems that Elections Canada is the Conservatives' arch-enemy. When anyone says the words “Elections Canada”, the Conservatives blanch and wonder what will happen. Will Elections Canada attack in the night to prevent the Conservatives from forming the government next time? Elections Canada is a completely independent entity. As soon as someone dares utter a criticism, however mild, the Conservatives see them as an enemy of the nation. As soon as anyone criticizes the Conservative government, even for a single second, that person becomes an arch-enemy. It is clear to the Conservatives that that person belongs to another political party and is engaging in hyperpartisanship. However, we know very well that Elections Canada is an independent entity. We do not have to prove that today.
The bill contains many measures, but I will not have time to talk about each one. I will talk about those that most surprised me when I read the bill. Some of my colleagues mentioned that there will be no more vouching at polling stations. A voter can get on the list of electors the day of the election. In fact, a voter can go to a polling station with a witness or voucher who can prove that the voter does live in that riding.
Furthermore, if the bill passes—which is not yet the case—the voter card will be refused. Voters receive this card in their mailbox and can use it when they go to vote. Voters also have to show a document as proof of identity. The Conservatives tend to forget that a voter cannot vote with just the red and white card.
A voter may have this card and present it to the person at the table at the entrance. When he or she goes to the polling station, the voter must also show a piece of identification that has the same name as that found on the voter card. That is how we prove our identity. It is not just the card that allows a person to vote, as some Conservatives seem to have been saying during today's debate.
In my view, this will prevent or certainly deter many people from exercising their right to vote. It will make it more difficult for voters, especially young people, to exercise their right to vote.
Students in Sherbrooke are a perfect example. It depends on when the election takes place. Let us take the example of a September election. Students are just arriving on campus and, for many of them, it is their first semester at university. Naturally, their primary residence is their parents' home, in a city other than Sherbrooke.
They have just arrived to start their studies, they may not have proof of residency and the election is being held in September. It is possible to use a hydro or telephone bill, or tenant or automobile insurance, or something else. It is possible to show proof of residency to Elections Canada, which designates 39 pieces of identification that can be shown in order to vote.
If the government eliminates the possibility of having someone vouch for you and using the voter card, many young people who want to vote will be unable to do so, including young people in Sherbrooke. They will not be at home, at their primary residence, at their parents' house. They will be in Sherbrooke, on campus, and will have no way of voting unless they return home.
If a communications student at the Université de Sherbrooke, whose primary residence is in Chicoutimi, wants to vote, the only option he would have would be to go home, a seven-hour drive from the university. This kind of situation may be rare, because I know that there is a good communications program in the Saguenay region. I think we can all imagine that this student will not end up voting on election day, since he will not make a 14-hour return trip to go vote, especially if he was not able to travel for advance polling either.
Many young people will not be able to exercise their right to vote, even though I am sure that everyone here in this House wants young people to be able to vote. The same goes for other members of society who are at a disadvantage with this bill, such as the homeless. How will they be able to vote? We have heard a lot about aboriginal people. People who live on reserves do not always have the necessary pieces of identification. This will prevent them from exercising their right to vote.
In asking questions of my colleagues earlier, I also commented about the fact that the government wants to keep big money out of politics. However, I feel that the opposite is going to happen with this bill. The bill is going against the current trends we are seeing everywhere in various jurisdictions, including Quebec, where the limit for political party donations is being reduced. The opposite is happening in the bill we are debating today.
The government wants to increase the limit for donations to political parties, which goes against the current tendency to try and eliminate the influence of money in politics as much as possible. Saying that the bill will keep big money out of politics is completely at odds with the measures included in the bill, measures that increase parties' election expenses and the donations that parties can receive. I do not understand why the government says “big money out of politics”, when the measures in the bill run counter to that statement.
I will oppose this bill at second reading, like most of my colleagues, I hope. At the very least, if the bill makes it to committee, I hope we will be able to improve it. However, at this stage, I will vote against it.
:
Mr. Speaker, it is my great honour to speak to Bill .
It is remarkable that I should find myself here in this hallowed chamber speaking to this very bill. As many people know, my parents hail from eastern Europe and greatly suffered under Communist regimes. It is difficult to imagine, but within one generation they lived an onerous lifestyle, one in which they could not simply go to the local coffee shop and have an open discussion about local politics. It was forbidden to disagree with the local administration. People worried that their careers would be hampered. It was an era when jealous colleagues or even people's in-laws could report them for fictitious reasons to the secret police. It was a terrible way to live.
They were fortunate enough to come to Canada. Deeply entrenched in my brothers and me is an immense love for the democracy that we enjoy in this nation, as well as a true passion for politics, for elections, and for the concept that we can disagree openly and say, “I don't agree with this policy. This policy actually hurts me and my family. It hurts my colleagues at work.” We can go about in Canada and speak openly about that. We can try to effect change and try and bring about better public policy. They revelled in something as simple as that, and they entrenched a deep love for it because it simply was not available to them. It was not available to millions of people across Europe under Soviet-era tyranny.
Here we are today in very different circumstances. I am an ESL student. As somebody who did not speak English until I first entered school, I now find myself in this chamber debating a piece of legislation. How remarkable is that? How remarkable is it that we are allowed to freely debate this type of legislation?
I want to commend my colleague, the , who has brought forward a wonderful bill that I believe improves our electoral system. It will bring additional transparency and fairness to the system. He has gone through recent complaints, a number of reports, and the Chief Electoral Officer's recommendations to try to bring about a comprehensive series of recommendations that will address the deficiencies he has found over recent years. I really do need to commend him. It is a sweeping set of improvements to our current electoral system.
I have been involved in politics with many people in this chamber on all sides of the House. A lot of us share a great passion for politics. I started when I was 14, stuffing envelopes and colouring maps. I have been involved in municipal, provincial, and federal campaigns. I have had the great pleasure of working with a number of people on this side of the House and against folks on the other side of the House in these campaigns over the years, and I can say that we are passionate.
Many individuals are rather competitive, but at the end of the day there is no honour and certainly no sport in running in an unfair election. People want to ensure that the election they run in has a fair outcome. It is okay to concede defeat, but we want to make sure that any defeat occurs because of the failure of the candidate or the party, not because some type of voter fraud took place. That is critical to ensuring the transparency of elections for our voters, those Canadians who take the time to leave their homes, go to a polling station, and stand in line in order to vote and to bring forward the change they are hoping for at the national, provincial, or municipal level.
The bill before us makes a number of changes. Allow me to speak to what I think is one of the best improvements the minister has brought forward, which is enhancing customer service by removing some of the obstacles to voting.
The fact that an additional advance polling day will be added is of immense service.
I come from the GTA, an area where people commute to and from work. They spend their day at work. It takes them the better part of an hour, or even more than an hour, to get home. They prepare a meal for their family. They might throw in a load of laundry. That is pretty much the day. It is now 8 p.m. or 9 p.m. They get up the next morning and do that all over again, just because commuting times are so dramatically long.
Therefore, when we ask individuals to come and vote, it is truly imposing on them. I have been there. I have worked here. I have obviously been a candidate. We see these long line-ups at polling stations. I think everything we can do to minimize the impact and the inconvenience for voters will encourage voting. Nobody wants to be hassled. Nobody enjoys waiting in line. The more we can do to shorten these lines, the better.
This piece of legislation would also allow for more individuals to be hired and for their hiring to take place earlier on so that they are better trained. Many people who show up on polling day have found there is a certain level of confusion. That is certainly not reassuring to voters or to anyone who is a part of the process. We hope for a more professional solution to these things, so I think that is a much-needed improvement to our system.
However, our electoral process must be accessible to all eligible Canadian voters. It needs to be accountable and transparent, yet voter fraud continues to be a problem in our system. Each time someone votes fraudulently, they cancel out the ballot of an honest voter.
Elections Canada has commissioned studies on this subject. Its own study suggests that there are massive irregularities in the use of vouching and high rates of inaccuracy on voter information cards. I know a number of my colleagues have actually spoken to this issue. Certainly members from the Mississauga community have. I can tell members what has happened with those voter information cards and what I have witnessed first-hand happen in my community.
There a number of high-rises. People move with high frequency in the GTA, and in some areas we have 30% turnover in our communities from one election to the next. People will receive a voter identification card in the mail. Of course, that individual has now moved, so this mail is just dropped in at a high-rise, out on the counter or into the recycling bin, and piles of it accumulate. Individuals will just scoop up all of these voter ID cards and utilize them for purposes that all members in this chamber can certainly guess.
I have also had individuals come forward to me during a campaign, saying, “Hey, I have these additional cards. These people no longer live in my home. Can we send other people to vote?”
While I smirk at the enthusiasm, I am very quick to point out that it would absolutely be inappropriate, unacceptable, and, frankly, against the law, and that it is simply not tolerable.
I think the fact that these voter ID cars would now be eliminated would be a dramatic improvement, and much needed for our system.
Of course, there has been much discussion over the forms of ID that would be acceptable. It is a rather comprehensive list. Over 39 pieces of ID would be acceptable at a voting station, including a library card, which is something that most folks have access to.
The list includes a series of things. It includes utility bills. It includes any correspondence from a school to an individual, so students obviously would be able to come out and vote. It includes student ID cards.
I think the real emphasis here is ensuring that we reach out, engage voters to get them to come to elections, and ensure that they understand how vitally important it is that they actually do cast a ballot. However, at the same time, we do not want to permit individuals to make a mockery of our system, to go about in some nefarious way and cast ballots that are not theirs.
Speaking for myself and, I hope, for all members, what we really ought to do is engage voters. I hope people are passionate when we show up at their door and talk to them about issues of concern.
I am one of these people who love door-knocking. I love to go, whether it is snowing outside, whether it is hot and humid outside, and actually engage with our constituents and hear their priorities. I want to know what they would like me to fight for when I come to Ottawa. It is not about relaying information from Ottawa to the voter; it is about standing up for the values and the priorities of our constituents, the ones who were kind enough to send us here so that we could articulate for them. That really is a priority.
I think it is incumbent upon us all as politicians to engage voters, to encourage them, and to have public policy exciting enough that they are looking forward to coming out to vote for us, actually looking forward to showing up, standing in line, and voting for our political party.
I do not want us ceding that to Elections Canada. I think each and every party has to encourage and excite that type of debate. We need to come forward with different initiatives that actually help the average middle-class Canadian family to want to come out and vote so that hopefully this Parliament reflects their values and priorities.
:
Mr. Speaker, I am lucky to have this opportunity to speak to the bill, considering the latest gag order that has been imposed. In fact, there have been so many that I have lost count. Therefore, I am privileged to be able to speak to this bill, since most of my colleagues will unfortunately not have the same opportunity.
I also find it ironic that we are debating a bill that is supposed to improve democracy. Does it really achieve that? I will talk about that in a moment. Imposing a gag order after such a short time for debate makes a mockery of democracy.
I find it even more ironic that we are debating a Conservative bill, , also known as the fair elections act, when that party has been accused of voter suppression. What is more, charges have been laid against that party in relation to its fundraising campaigns. In fact, the former parliamentary secretary to the Prime Minister, who is supposed to defend ethical issues, was the one charged.
It is indeed very ironic that those who likely do not have the highest marks in ethics are now presenting us with a bill that they think is wonderful and designed to reform democracy and encourage people to vote—while they stand accused of doing exactly the opposite.
I am going to talk about the content of this bill. Many times during question period, my colleagues pointed out the effect that this bill will have on young people's ability to get involved in the electoral system. I claim to have some experience in that area.
When I was at university, for example, I would always ask my friends whether they were going to vote. I saw that most of them were not. I have to emphasize that I was studying political science, an area where students usually engage in the electoral system. But when I talked to them about upcoming elections, they would tell me that it was too complicated. This bill is now going to complicate things even more.
Young people have also told me that they do not know about the voting process. Actually, a significant number of people have never had an opportunity to learn about it. Some school boards in some provinces have civics programs, and that is good. However, those programs are not everywhere. Students who may have done very well in school do not necessarily remember what they learned in their early years as students. It is therefore important to repeat that education.
With this bill, the Conservatives are prohibiting the Chief Electoral Officer from providing that education to students through specific programs. When I was 15, I remember that my high school held mock elections, as part of the chief electoral officer's educational programs.
In those days, all the students became involved. They looked at the different parties and each party's campaign promises, and they went to vote. That first experience made them realize that they would be able to do so in the future. Those were mock elections, of course. The students were not old enough to vote, but they learned about the process of doing so. I have to say that, at my school, the NDP won.
From time to time, I teach politics 101 in my riding, particularly to women, in order to involve people in the electoral process. It is shocking to see how little young people know about who they are voting for. They wonder if they are voting at the municipal, provincial or federal level. They also wonder what each of those levels of government is responsible for. It is quite confusing. At their age, it is a bit embarrassing to raise their hand and ask their neighbour how elections work.
Limiting education hurts our democracy. When 61% of Canadians vote and 65% of young people do not vote, we have to think of ways to encourage a better turnout. I agree that adding a day of advance polling is a good idea. However, registering on election day is becoming more difficult.
It is good to have an extra day of voting, but if voters cannot identify themselves because vouching can no longer be used and the voter identification card has been eliminated, then that extra day does not do us much good. The act of voting in person is being made more difficult. This make no sense. As parliamentarians, we have a duty to draft bills that make sense.
I just want to point out that during the last election, 100,000 people used the vouching system to vote. They may have been seniors who did not have the energy or were too sick to renew all their identification cards, or even young people who were voting for the first time and were accompanied by their parents as witnesses. Many people need this system, which this bill would abolish. If we take that number, then the government is taking away the right to vote from 100,000 people. It is a fundamental right. We should all be opposed to such a measure.
After the fraudulent calls managed to suppress the vote of some Canadians, the Chief Electoral Officer made some recommendations. Can we do something to correct this system that allowed all that to happen?
This bill does do one little thing. It requires companies that make robocalls to register with the CRTC. That is a good start, but the government forgot to include all of the other recommendations, including the one to give the Chief Electoral Officer the authority to require production of financial documents. I know the parties hire auditors, but that is not the same thing.
The power to compel people to provide information is another thing left out of this bill. That could have fixed a problem or, at the very least, ensured that it never happened again. The government could have put forward these preventive measures to improve the electoral process.
The worst part is that the Chief Electoral Officer was not even consulted, even though that would have been the obvious thing to do. He is the one responsible for studying the elections act and advising candidates. The government did not even consult the expert on the subject before drafting a bill that has a direct impact on people's ability to vote. That is a huge problem. I would urge the Conservatives to go see him. Let us hope that, at the very least, they will be able to make a few amendments to this bill.
I do not have time to talk about all of the problems with this bill because there are so many, but I want to emphasize that the right to vote is a basic right. We all have a responsibility to oppose bills like Bill , which could take people's right to vote away.
:
Mr. Speaker, it is my pleasure to rise in the House today to express my support for Bill , which was introduced by the . The fair elections act would ensure that everyday citizens are in charge of democracy by putting special interests on the sidelines and rule breakers out of business.
The fair elections act would implement 38 of the Chief Electoral Officer's past recommendations.
One of those changes is the repeal of the prohibition on the transmission of election results. I would like to focus my remarks on this change. The fact that Canada extends over six time zones, representing a time difference of four and a half hours from coast to coast, has an impact on polling hours in Canada and how election results should be released. In the early days of Confederation, the release of election results was not a concern, since communication technology did not allow for the transmission of results during voting hours. This changed with the introduction of telegraphic service.
In the 1930s, parliamentarians reported concerns about eastern results being telegraphed to western parts of the country, and extra newspaper editions being distributed to voters on their way to the polls. At that time, uniform voting hours, 9 a.m. to 8 p.m. local time, were observed across the country, which led to a real-time difference of four hours between the closing of polls in the Maritimes and the closing of polls in British Columbia. In response to these concerns, the Dominion Elections Act, adopted in 1938, prohibited releasing election returns in electoral districts where the vote was ongoing. Accordingly, section 329 of the Canada Elections Act currently prohibits the transmission of election results in electoral districts where voting is ongoing. Anyone who wilfully violates the ban is guilty of an offence and liable on a summary conviction to a fine of up to $25,000.
Since the ban's implementation, practical and philosophical objections have been raised. From a practical perspective, the ban is difficult to effectively enforce in the age of modern communication technology and social media. Moreover, the ban could have the effect of penalizing Canadians for their normal communication behaviour. Philosophically, the ban is an infringement on freedom of speech.
In 1991, the report of the Royal Commission on Electoral Reform and Party Financing, more commonly referred to as the Lortie report, declared the ban obsolete and difficult to enforce, due to the developments in broadcasting and communication technologies such as the telephone and fax machine. As an alternative to the ban, Lortie recommended the adoption of staggered voting hours, highlighting that polls must not be open too early or close too late in any region. Hours were not to be too disruptive for voters or election workers, and conclusive results from Ontario and Quebec, which might be determinative of the election, were not to be known before the close of polls elsewhere in the country.
Parliament adopted staggered voting hours in 1996. This reduced the difference in time between the polls closing on the east and west coasts from four and a half hours to three hours. With these staggered voting hours, there was no longer any time difference between the closing of polls in Ontario, Quebec, and the three prairie provinces. There was only a 30-minute time difference between the closing of polls in central Canada and the Prairies, and the closing of polls in British Columbia. Thirty minutes was not deemed enough time for conclusive results from Alberta to Quebec to be determined and released by the media before later B.C. voters cast their ballots.
As a result of the staggered voting hours, conclusive results from only 32 Atlantic Canada ridings were available to later voters west of New Brunswick. The Lortie report noted that the release of results from the 32 ridings would not constitute a major problem.
At the time the report was released, there were only 295 seats in the House of Commons, meaning that the 32 ridings made up 11% of the seats in the House.
Simply put, staggered voting hours address the underlying rationale for the ban, which is that knowledge of which party will form the government could have an impact on voter behaviour in western Canada.
The ban has also been the subject of litigation. Following the 2000 general election, Mr. Paul Bryan was charged with an offence for having posted results from Atlantic Canada on his website while polls were still open in the rest of Canada. Mr. Bryan challenged his conviction on the basis that the ban was contrary to freedom of expression, guaranteed under our charter. The case was argued before the Supreme Court of Canada, which released its decision in 2007. While the court was unanimous that the ban limited freedom of expression, a majority of the court found the limitation to be reasonably justified, as it promotes voter information parity and public confidence in the electoral system.
Even though the court upheld the validity of the prohibition, Parliament is still free to repeal or alter the ban. One of the majority justices who wrote a set of reasons for the judgment went so far as to note specifically that “...Parliament can of course change its mind. Within constitutional bounds, policy preferences of this sort remain the prerogative of Parliament, not of the courts”.
The constitutional validity of the ban is again before the courts. During the 41st general election, the CBC and Bell Media launched a challenge to the ban, arguing that in the era of social media, it no longer promotes information equality.
It is useful to consider the effectiveness of the ban, since the Lortie Commission concluded that the ban was obsolete.
As I have noted, the original purpose of the ban, adopted in 1938, was to prevent western voters from knowing the formation of the government prior to casting their ballots. This justification has been eclipsed by the staggering of voting hours adopted in 1996. This ensures that only election results from Atlantic Canada can be known to late voters west of New Brunswick.
No evidence suggests that voters would lose confidence in the electoral system if these results were communicated to them. This appears to have been confirmed during the 2004 general election, when the Chief Electoral Officer suspended the ban on the premature transmission of election results. The British Columbia Supreme Court, in R. v. Bryan, had declared the ban unconstitutional, while the British Columbia Court of Appeal had agreed to hear an appeal. Its judgment upholding the ban would not be rendered until after the election was held. Therefore, the Chief Electoral Officer relied on the existing state of the law and suspended the ban, which allowed media to communicate results from Atlantic Canada to late voters west of New Brunswick.
There is no indication that the results from the 2004 election were tainted by the suspension of the ban. The ban was once again enforced during the 2006, 2008, and 2011 general elections and subsequent by-elections.
In the 2008 general election, there were reports that Yukon's cable provider, Northwestel, prematurely let the east coast telecasts through to the territory's customers.
During the 2009 by-election, Elections Canada asked a newspaper to remove from its website a story that revealed initial results from a constituency, but it did not take measures to prevent discussion of by-election results on Twitter.
In 2011, an error caused the Canadian Broadcasting Corporation to briefly broadcast results from Atlantic Canada 30 minutes before the polls closed in central and western Canada and an hour before the polls closed in British Columbia.
There is other evidence that the ban is often contravened. In a nutshell, with Lortie in mind, the right of Canadians to communicate and engage with one another about elections is essential for Canadian democracy.
A ban on the premature transmission of election results is an unnecessary restriction on freedom of speech in an era when social media and other technologies are widespread. A ban on the early transmission of election results is outdated.
Our government is also following through on its commitment to Canadians to repeal a ban on the premature transmission of electoral results in the . This change reflects the ruling of the Supreme Court and our government's commitment to uphold every Canadian's right to freedom of speech.
For these reasons, I encourage all members to support the elimination of this provision in the act.
:
Mr. Speaker, I rise today to speak to Bill , the so-called fair elections act, at the second reading stage. I wish to say at the outset that I am strongly opposed to this initiative on both process and substantive grounds, which I would like to address in turn.
On the process side, it is very difficult for me to explain in my riding of Victoria just how a bill of over 240 pages could be introduced on a Tuesday and the Conservative government would seek to invoke time allocation, or closure, on Wednesday, after only two speeches.
There was a 17-month delay from the month the Conservatives committed to table this bill. It was promised for September 2012.
There was no consultation with Elections Canada or with other parties or MPs, which I understand has been the tradition in this place, before this foundation statute, this quasi-constitutional law, came forward. One day a 244-page bill was dropped on the table. Debate was forced to begin the next day.
The government refused to agree to an NDP motion to send the bill to committee after first reading, which would have allowed wholesale changes to the bill, unlike what is going on at present.
Let us not finally forget that, surprise, surprise, this unfair elections act arrived in the House just before the budget comes out and at the same time as Canadians are naturally focused on the Olympics. That is what is really going on. I know that Canadians understand what is going on.
I just met with a number of students at the flame. They presented us with 30,000 signatures on petitions that were gathered in one weekend. Canadians understand what the government is trying to do, and we are not going to let it get away with it, if we possibly can.
The Globe and Mail asks today the question I wish to ask. It is simply this: Why the rush to get this through? Is it because perhaps the Conservatives expect Canadians not to know the content of the bill, so if it is pushed through, they simply will not notice? That is a very serious allegation I am making, and it basically demonstrates something I hoped I never would have in this place, which is utter cynicism about the way the bill has been dealt with.
Again, there were two speeches, then they moved to closure and rushed it through as quickly as they could. Even Canada's national paper understands what is going on. Canadians do too.
The minister of so-called democratic reform, who has been so aggressive at warding off criticism of Conservatives' elections wrongdoing, which were later proven to be well founded, now defends this as a fair and judicious measure. Well, there may be some things in the bill we like, but in typical Conservative fashion, there are many things pushed in there that are going the opposite way a democracy should function.
Let us call as spade a spade. Forget the Orwellian language, the title of the bill. Let us call it what it is. It is an unfair election act. I am going to explain why, on substance, I believe that is the case.
First, we are not dealing with a regular bill. We are dealing with a bill like the Access to Information Act or the Privacy Act, which are essentially quasi-constitutional in nature. These are the foundation rules for how we govern our democracy.
My brilliant colleague from spent many hours pouring over this complicated law. He reckons that there are at least 30 serious deficiencies in it. I only have time to talk about two, but two that I think are quite dramatic. To be talking about this with the closure gun pointed at our heads is simply inexcusable. I am frankly saddened and ashamed to be here in this context.
It is shocking that the Conservative minister for democratic reform failed to consult with the Chief Electoral Officer about these changes and then made misleading statements during question period suggesting that he did.
The new bill would restrict the ability of Elections Canada to communicate with voters, narrowing the legal authority of the Chief Electoral Officer and eliminating provisions that allow Elections Canada to promote voting to “persons and groups most likely to experience difficulties in exercising their democratic rights”. All he can do is tell people who can vote and where to vote. He cannot talk about promoting democracy, which he finds an affront to democracy. I agree with our Chief Electoral Officer. We are fortunate to have officers of Parliament like him and the Information Commissioner and the Privacy Commissioner, who are shielded and can speak their minds on behalf of Canadians. I am proud that he is doing so, as we are today.
To talk about two issues of substance alone, I would like to focus on, first, the weakening of Elections Canada and, second—again calling a spade a spade—the voter suppression mechanisms in the bill.
The minister has been attacking Elections Canada for many years. Shortly after the bill was introduced, he accused it of being biased and “wearing a...jersey” when it comes to prosecuting the Conservatives for rule breaking. The bill clearly attacks Elections Canada, by gutting its powers.
The Chief Electoral Officer had asked for more powers, as did the NDP, including the ability to request financial documents related to the election. The Conservatives have failed to include these measures in the bill.
Rather, the Chief Electoral Officer would be appointed and responsible to Parliament, but the bill would have another agency, the Director of Public Prosecutions, DPP, appointed by the Attorney General and accountable to the government, where the Commissioner of Elections would be housed. We are supposed to be happy about that, I think. Well, no one in the office of Elections Canada is happy about that.
Consider what the Conservatives could have done.
We have a number of securities commissions around this land. We have the Competition Bureau, which is a federal agency. It is an independent law enforcement agency that ensures Canadian businesses and consumers prosper in a competitive environment. The Supreme Court of Canada has applauded the way in which that agency operates. Why can we not be there now?
I invite people to look at the Chrysler Canada Ltd. v. Canada (Competition Tribunal) case, in which the 1992 decision of Mr. Justice Gonthier from the Supreme Court of Canada was complimentary about the way in which that enforcement agency proceeds with both civil and criminal remedies.
We could have had that. We had that before, but now we are supposed to be happy with the changes to weaken Elections Canada by sending the commissioner somewhere else to be accountable to the government. It just does not make sense. I know Canadians will see through this.
What is the key problem with this? It is that the bill refuses to enact perhaps the single most effective measure that would enhance investigations. What is that? It is giving the same powers to compel testimony to the commissioner to investigate; the same safeguards as currently exist for Competition Act investigators.
However, that is not good enough for the Conservatives. It seems to work fine for competition, according to the Supreme Court, but we are supposed to try something different in this bill.
Why? Is it because the Conservatives have a personal vendetta with some of the people at Elections Canada? I will let Canadians decide.
Bill also ignores that part of the NDP motion that Conservatives voted for in March 2012, which called upon Elections Canada to have the power to request and receive national political party documents to enable Elections Canada to assess whether the Canada Elections Act had been complied with. It is not in the bill.
The second part of the bill's major deficiency is voter suppression. The Conservatives, as Canadians know, have a track record of breaking election laws with their in-and-out scheme, robocalls designed to suppress opposition votes, and rule-breaking overspending by Conservative ministers.
Bill would also disallow the process of vouching. I am proud to say that one of my constituents, Rose Henry, an aboriginal activist who works with the homeless, went to the British Columbia Court of Appeal to say that it was one of the elements critical to the voting process. The court said that it was a critical part of the voting process and upheld the constitutionality of what she had sought to strike down on the basis, among other things, that vouching was part of the fabric of voting in Canada. However, the Conservatives would take that away.
I invite Rose to go back to the courts and vindicate her rights as a voter, because this time I predict she will win because this proposed law will be found unconstitutional.
This proposed law is a travesty. Canadians are getting to understand it, and I am hoping they will rise and call it what it is: an unfair elections act.
:
Mr. Speaker, I am pleased to rise in my place today to speak to Bill .
This legislation would ensure everyday citizens are in charge of democracy by putting special interests on the sidelines and rule breakers out of business. It would also make it harder to break election laws. The bill would close loopholes to big money, impose new penalties on political imposters who make rogue calls, and empower law enforcement.
The fair elections act would protect voters from rogue calls with a mandatory public registry for mass calling, prison time for impersonating election officials, and increased penalties.
The bill would give more independence to the Commissioner of Canada Elections, allowing him or her control over staff and investigations, empowering him or her to seek tougher penalties for existing electoral offences, and providing more than a dozen new offences to combat big money, rogue calls, and fraudulent voting.
This legislation would crack down on voter fraud by prohibiting vouching or voter information cards as acceptable forms of ID; make the rules for elections clearer, predictable and easier to follow; ban the use of loans used to evade donation rules; repeal the ban on premature transmission of election results; and uphold free speech.
Bill would provide better customer service to voters and establish an extra day of polling.
Finally, in the case of disagreements over election expenses, an MP would be allowed to present the disputed case in the courts and to have judges quickly rule on it before the CEO seeks the MP's suspension.
What I really want to focus on today is something that I know my colleagues in the House are also concerned about, the way in which Canada's election rules would be enforced.
I would like to run through how the bill would increase the powers and the independence of the Commissioner of Canada Elections and how it would give the commissioner sharper teeth, a longer reach, and a freer hand.
I would remind the House that it is the duty of the commissioner to ensure that the provisions of the Canada Elections Act and the Referendum Act are complied with and enforced.
Let me move quickly to the ways in which the bill would provide the commissioner with sharper teeth to uphold Canada's election laws.
Sharper teeth means tougher penalties for existing offences. Take the penalties for impersonation, providing false information, or obstructing an investigation. These would be new offences with significant penalties: a maximum fine of $20,000 or imprisonment for up to one year on summary conviction, or a maximum fine of $50,000 and imprisonment for up to five years on indictment.
Candidates and official agents convicted of this offence would be prohibited from being a member of the House of Commons or holding any office in the nomination of the Crown or of the Governor in Council for seven years.
The maximum fines would also be increased for serious election offences, such as taking a false oath or making a false or erroneous declaration to election officials. For summary conviction, the fines would be increased from $2,000 to $20,000, and for indictment, they would be increased from $5,000 to $50,000.
In a similar manner, the maximum fines would be increased for a wide range of offences, including failure to appoint an agent or auditor, failure to register as a third party, failure to provide quarterly returns and financial transaction returns, and transmitting advertising during a broadcasting blackout.
The bill before us would also eliminate the limitation period for offences requiring intent. The commissioner would be able to go back further in time to catch deliberate law-breaking.
All members would agree that the provisions of the bill would give the commissioner sharper teeth with which to enforce the current provisions of the Canada Elections Act.
Just as important is the longer reach the bill would give the commissioner. Longer reach means empowering the commissioner with more than a dozen new offences to combat big money, rogue calls, and fraudulent voting.
At the outset, this legislation would make it illegal to impersonate political agents or election officials. This was a recommendation of the preventing deceptive communications report issued by the Chief Electoral Officer.
It would also make it an offence to make false or misleading statements relating to qualifications as an elector or registering as an elector when not qualified. New offences for breaches of the political financing rules have been created as well, including knowingly making indirect loans to a campaign.
As members are aware, this bill would also give the Canadian Radio-television and Telecommunications Commission, the CRTC, the responsibility to administer the new voter contact registry. Under the longer reach provisions of this bill, there would be new penalties relating to non-compliance with the voter contact registry, as well as offences for failing to keep scripts and recordings used in the provision of voter contact calling services. Once again, I think it is clear that in addition to providing the Commissioner of Elections with sharper teeth, Bill would give him a longer reach.
Finally, let me outline how the bill gives the commissioner a freer hand.
A freer hand means the commissioner would have full independence, with control of his or her staff and investigations, and a fixed term of seven years so that he or she could not be fired without cause.
Under the current system, the commissioner reports directly to the Chief Electoral Officer and relies upon the support and resources of the CEO. The Chief Electoral Officer and the Commissioner of Elections have fundamentally different roles and responsibilities. The former administers an election; the latter enforces the rules. Both are vitally important functions in a democracy, but it makes no sense to have one of these officers report to the other. In fact, it is inappropriate to do so.
That is why, consistent with separating the administration of an election from the enforcement of election law, the fair elections act would house the commissioner within the Office of the Director of Public Prosecutions. To ensure the independence of the commissioner, the commissioner's powers and functions would remain the same, but he would make his own staffing decisions and direct his investigations independently of the Director of Public Prosecutions and Elections Canada. As well, all future appointees would hold the position for a non-renewable seven-year fixed term.
While the investigation and prosecution functions would be administratively housed in the same office, the Director of Public Prosecutions would have no role in the commissioner's investigations. To maintain the integrity of the position, those individuals who have previously been a candidate, an employee of a registered party, exempt staff of a minister, or staff of a member of Parliament, or an employee of Elections Canada would not be eligible to be appointed commissioner.
To ensure continuity, the fair elections act proposes that the current Commissioner of Canada Elections remain in his role. This will allow for all current investigations to continue uninterrupted.
Bill would remove the provision that provides that the Chief Electoral Officer can direct the commissioner to carry out investigations. However, the Chief Electoral Officer would be able to ask the commissioner to investigate an allegation. As well, any Canadian would be able to ask the commissioner to look into irregularities.
Finally, the commissioner would have the ability to initiate his own investigations. The fair elections act would provide the commissioner with all the tools he would need to initiate investigations against all those bound by the Canada Elections Act, including Elections Canada officials, and investigate any matter if he believed there had been a possible violation of the law.
The bill before us would give the Commissioner of Canada Elections a freer hand in enforcing Canada's election laws. The bill before us would both fine-tune existing rules and provide new laws to govern practices that have come to the fore in recent elections.
It also sets out new rules that would provide for the effective enforcement of those rules by giving the Commissioner of Elections sharper teeth, a longer reach, and a freer hand to uphold the integrity of our election system. I hope all hon. members will join me in supporting this bill.
:
Mr. Speaker, it is a great pleasure to be able to speak to Bill today. I want to pause and say that when we have these rushed processes with closure on debate and an abbreviated time to look at a critical bill, it is rare for me to have a speaking opportunity. Therefore, I want to thank the Liberal Party for giving me a speaking slot today. I do not know if I agree with them in every aspect of their objections to this bill, but I agree with many of them.
When I look at what we need in Canada to fix democracy, I remember a clever little ad put together by Fair Vote Canada. Don Ferguson of Royal Canadian Air Farce, one of my favourite icons of Canadian comedy, starred in it. He wore a white lab coat and started talking about the serious tragedy of electoral dysfunction in Canada, the failure to perform well when it came to elections.
I will not go down the double entendres that went through that Fair Vote Canada ad, but as members can imagine there were many of them. However, it did bring to mind the need for a prescription to fix an unhealthy system. The ad pointed to the issue of getting rid of first past the post. It is fundamental to fair elections in Canada that election results are then mirrored in the composition of our House of Commons.
We need reform. We need a fair elections act. We need to deal with the unhealthy level of hyper-partisanship, the non-stop attack ads, and the fact that we have not gotten to the bottom of the robocall scandal of the last election. However, this bill is not it.
A real prescription for a healthy democracy is in our grasp and instead we get this bill that would weaken our electoral system, weaken democracy, and further reduce voter turnout. We had an opportunity to sideline the cynical politics of non-stop attack ads that function as a “deliberate mechanism,” which is the language used by political spin doctors, of voter suppression. The goal of non-stop negative advertising is to reduce voter turnout in the interests of another party.
A lot of things now pass for political prowess, for which anyone who loves democracy should hang their head in shame and be condemned from ever standing for election again. This is not about every party getting out and urging everyone to vote, as we have heard people from across the aisle say all day. Over and over again, we have examples of efforts to do exactly the opposite. I am afraid this bill is in that spirit of reducing voter turnout.
We could have, with this bill, pursued the reforms found in private member's Bill , put forward by the hon. member for . That would have led to fairer elections. We could have levelled the playing field for financing so that members of Parliament who come to this place as independents have a fair chance to raise the funds they need to run for re-election. However, we did not.
The ways in which this bill would reduce the potential for a healthy democracy and worsen voter turnout need to be reviewed. Many of my colleagues in this place have given very eloquent, articulate, and full reviews. In particular, I have to give credit and homage to my friend, the hon. member for , whose work on this bill was brilliant.
Let me point out what I would agree with. I may be a minority on this matter, but I do not really think it is a problem to create a commissioner for elections who operates out of the office of public prosecutions. I see that as an independent place. The problem is the government has not given that office any tools. It has not given that officer subpoena powers. What is worse is, for some reason, it has created a “black box” surrounding the work. It would amend the Access to Information Act to remove, from access to information, anything going on in the work of the commissioner for Canada's elections. They would also remove in the Elections Act the requirement to give any information about investigations.
What I also would agree with in this bill is the scheme to deal with the robocalls, to have a way of tracking who buys this kind of automated calling service. That is not bad. I would have voted for that.
However, the bill also includes a big new loophole for the spending of money. It now will not be considered an elections expense to spend money on activities that are considered fundraising for nomination candidates. That is an open door to abuse.
What is the worst part of this bill? This cuts to the core of democracy. This is a charter issue. I turn to a most recent statement by the Supreme Court of Canada on the right of Canadians to vote. It was a decision of October 2012. We are all familiar with it. It is in the name of the current member for , so I will not say the name of the case. However, it was a strong decision written by Mr. Justice Rothstein and Mr. Justice Moldaver.
They had this to say:
The right of every citizen to vote, guaranteed by s. 3 of the Charter, lies at the heart of Canadian democracy.
In this instance, they did not find that those rights had been trampled upon, but that was because a lot of the provisions this bill would remove were in place. Therefore, I think this quote from the Supreme Court is timely and informs us, as my friend, the member for , recently pointed out, that this bill is probably unconstitutional. The following is what the Supreme Court had to say at the bottom of page 98 of the decision:
Our system strives to treat candidates and voters fairly, both in the conduct of elections and in the resolution of election failures. As we have discussed, the Act seeks to enfranchise all entitled persons,...
A voter can establish Canadian citizenship verbally, by oath.
That cannot happen any more, not with this bill.
The court went on to say:
The goal of accessibility can only be achieved if we are prepared to accept some degree of uncertainty that all who voted were entitled to do so.
The Conservative members of the House and the minister have utterly failed to provide any evidentiary background for the notion that we have a crisis of voter fraud in this country. There is no evidence for the notion that Canadians are covering themselves up through creating false IDs and voting more than once. The crisis in Canadian democracy is not that Canadians are voting more than once, it is that they are voting less than once, and this bill would worsen Canadians' trust in the system and increase cynicism.
As for the treatment of the Chief Electoral Officer, talk about sharper teeth: they are all sharpened in the direction of going after Marc Mayrand. I find this shocking. He is a public servant, he is doing his job, and the job that was being done is now essentially going to be stifled.
When I worked on my last book, which was on the crisis in Canadian democracy ironically, I wanted to try to get to the bottom of why young people were not voting. Where could I find good research that informed that discussion? I found that good research because it was commissioned by Elections Canada. It started to inform political parties what we should do to ensure civic literacy and political understanding from the earliest possible moment.
I think it undermines political responsibility and civic understanding to refer to voters as customers. There is something fundamentally wrong with an Elections Act that talks about customer service when we are talking about voting. It is a right. It is not shopping, and every Canadian must be allowed to vote.
I cannot tell members how heartbreaking it is to hear from people, particularly young people, who have been turned away at the polls because they found that multiple forms of ID did not work. I remember hearing from a young woman in Dawson City when I was holding a town hall there on democracy. She said that she had tried twice. I asked her if she would keep trying and she said she did not know if there was any point, that they did not want her to vote.
I remember the tears in the eyes of an older man in Pictou County who had voted in his polling station during his 75 years until these new changes were brought in by the current administration and he was denied the right to vote because he could not produce a photo ID. He did not have a driver's licence. His sister in law was working at the polling station, but under the rules she was not allowed to vouch for him because she had not gone there for that purpose. Under this new act, we would see more and more Canadians turned away, disenfranchised by the false notion that we have a crisis in voter fraud. That is not our crisis.
We need to do everything possible to restore faith among the Canadian public in the health of our democratic system, and this bill takes us in the absolute wrong direction. Why would a governing party do this? Why is there such a rush to disenfranchise Canadians? Is there an election coming right away that we do not know about? Do we have to have all these new rules in place for first nations, seniors, young people, the poor, and the groups that advocate for those parts of our society that are more disenfranchised by having to produce government-issued photo IDs? Is that the point?
I am baffled and appalled and deeply shocked and troubled by this bill. The things in it that are good could have been so much better, but the things that are bad are unforgivable in a democracy.