An Act to amend the Canada Elections Act (verification of residence)

This bill was last introduced in the 39th Parliament, 2nd Session, which ended in September 2008.

Sponsor

Peter Van Loan  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Canada Elections Act to allow an elector or voucher who provides a piece of identification that does not prove his or her residence to use that piece of identification to prove his or her residence provided that the address on the piece of identification is consistent with information related to the elector or voucher that appears on the list of electors.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

November 22nd, 2007 / 12:45 p.m.
See context

Conservative

The Chair Conservative Gary Goodyear

Thank you.

That wraps up this session. I want on behalf of the committee to thank all the witnesses for the time you took to prepare for today and for the fact that you actually came here. You gave very insightful answers. On behalf of the committee, I appreciate this very much. All Canadians thank you for your work and your commitment.

You are excused. Thank you.

Colleagues, we are going to take the last few minutes. There is a meeting in this room right after us, so we have to hurry. I will mention that there have been discussions taking place, and I think we've solved the steering committee issue, in that we've agreed to meet on Monday at eleven o'clock in Room 112-N.

The issue of who participates in that committee has not been resolved; however, I feel it's important to get through that committee meeting first. The reason is, I'm not wishing to entertain motions of any kind when there is legislation before us until I am instructed by the steering committee.

If I may just drift aside for one second, I would like to apologize to Madam Redman. In my attempt to maintain civility here in the committee, I think I crossed the line, and I offer my sincerest apologies. You have my greatest respect and admiration. I apologize for the sternness of my comments. In no way did I mean them to be that way. I also apologize to members of the committee for the same reasons.

Colleagues, we have the possibility of ordering in the minister for one hour on Tuesday from eleven to twelve on Bill C-6, and from twelve to one on Bill C-18. We also have some more witnesses we will try to set up for Thursday. It looks as though we are going to have another four witnesses on this particular issue for Thursday.

Perhaps I should ask whether that's acceptable, at this stage of the game, to the committee members.

The House resumed from November 15 consideration of the motion that Bill C-18, An Act to amend the Canada Elections Act (verification of residence), be read the second time and referred to a committee.

Canada Elections ActOral Questions

November 15th, 2007 / 5:25 p.m.
See context

Conservative

The Acting Speaker Conservative Royal Galipeau

It being 5:30 p.m., the hon. member will have to explain at another time. There will be five minutes left when Bill C-18 returns to the House and the hon. member for Ottawa Centre could respond to those comments.

The House will now proceed to the consideration of private members' business as listed on today's order paper.

Canada Elections ActOral Questions

November 15th, 2007 / 5:20 p.m.
See context

Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

Mr. Speaker, I listened with great attention to the member's point of view. I realize that he is a veteran of the Bill C-31 committee and I respect that. I will take him at his word that his Cassandra-like calls of the problem that Bill C-18 is attempting to solve were in fact made and that they were not simply the remarks of Mr. Mayrand with respect to attestation for the people in the homeless shelters, student foyers and seniors homes. That is what I saw on the record so far as the Cassandra call. If my friend says that he brought up the exact problem that is being addressed in Bill C-18, I will take him at his word.

I do recognize that he, like I, probably has not been faced with a lot of problems in his riding regarding this very aspect. This is primarily a rural issue with respect to addresses not being civic addresses as mandated by the act.

I realize he has a philosophy and a point of view and I respect that, but I do not necessarily agree with it. I agree that Bill C-18 is a big government band-aid from a government that does not seem to care about the details that it should as a government.

Would the member agree with me, is this not a partial solution to a problem affecting one million rural voters in this country to whom we owe a duty before the next election to give them the right to vote? Is that not what we are trying to do by sending this bill to committee? We must show the government that it has a duty and a responsibility to be more responsible in the field of democratic reform.

Canada Elections ActOral Questions

November 15th, 2007 / 5 p.m.
See context

NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, here we go again trying to deal with the problems of Bill C-31. I know that might not be the kind of comment that the government wants to hear but it has to look reality in the face. The only reason this bill is in front of us is because of what I said Bill C-31 was from the beginning, which is a solution looking for a problem.

We have found a couple of bills to date. We have Bill C-18, which is what we are debating today, and we have Bill C-6. I suppose we will have a couple more bills before it is all over.

If we go through the bill, one clause states that when swearing an oath to prove someone's identity, the person who vouches for another individual does not necessarily need a civic address on his or her ID if the information on the voters list matches up with the information on the ID.

The committee heard from groups of advocates, people representing the homeless, people representing aboriginal people and people representing students. The people representing the aboriginal people were very clear on this issue of civic address and all members of the committee heard it. They said that we would have problems identifying voters because some people do not have a civic address. I invite all members of the House, including members who may have been on the committee, to look at the blues and read the witnesses' comments where they invited us to look at this concern.

What they were saying is that if we were to go ahead and do this, we would be disenfranchising people, and did we disenfranchise people. We disenfranchised not a couple of hundred or a couple of thousand, but probably millions of people. Why? It is because the House, in its infinite wisdom, passed a bill that was not sufficient. It was not sufficient because the committee, I would submit, did not do its homework.

I asked the committee for more time to hear from witnesses beyond the list that we had in front of us and I was told, in the instance of the privacy commissioner, no because it had already heard from her. I had to take it upon myself to write to her and obtain a response about the whole issue of privacy and birthdate information. She readily supplied me with an opinion of the bill contrary to what members of the committee had believed, which was that there were concerns about privacy in the bill.

I would submit that we have in front of us a bill that is trying to mop up the mess that was created by a bill from the government. I would like members, perhaps during questions and comments or to seek me out afterward, to provide me with an explanation or an instance where Parliament has passed a bill and, within months of it coming into force, has had to come up with further bills to deal with the problems in the initial bill. We are now up to two bills, and counting, based on the flaws and problems in Bill C-31.

I know members of the government will say that I did not raise these problems in committee and that I did not have the wisdom of knowing that these things would come up. I would suggest that I did not foresee all of the problems but I certainly saw the problem, which was the way Bill C-31 was crafted.

The crafting of the bill was taken from a committee report. What seems to be the Conservative Party playbook is that committees are used to put forward one's agenda. A fairly lengthy report was written by the Standing Committee on Procedure and House Affairs, there was a government response and within a week a bill was in front of us called Bill C-31.

Bill C-31 was introduced because there was a concern about potential voter fraud, and I triple underline “potential”. When this was put in front of parliamentarians, they said that it had to be dealt with right away and cleaned up. In fact, that is what the committee did by way of hearing from a limited, in my opinion, number of witnesses.

It heard from witnesses like the Chief Electoral Officer who was asked if voter fraud was a major problem. They all heard quite clearly that it was not and that there had been approximately four cases of potential voter fraud in the last three elections.

We spent a large amount of time on it and we are spending more now trying to deal with this outrageous problem of voter fraud, but I have to give the government credit because it was clear in saying that it was potential voter fraud.

I have to submit that the concerns of my constituents are around cleaning up politics, ethics in politics, and integrity in the system. There is much more concern about candidate fraud, when candidates say they are with one party one day but wake up the next and lo and behold they are not a Liberal candidate anymore but rather a Conservative cabinet minister. Constituents are more concerned about how to deal with that kind of lack of integrity, where people can run for a party, cross the floor, and virtually within minutes it seems jump into government or into cabinet.

How about going from the backroom of the Conservative Party into the Senate and then vaulting into cabinet? Those are the concerns that my constituents have around the integrity of our electoral system. They are not concerned about potential voter fraud other than not to make matters worse.

Excluding my party, what Parliament has done is pass a bill that disenfranchised so many people. In committee we talk about this often and say we should always be vigilant for the unintended consequences of legislation. We all know this. We heard from people who were advocates of the homeless and from aboriginal people.

We are talking about people who are living in rural areas. We identified that what we have now in front of us is a concern about actual addresses. We heard from people who were representing students. The surprising fact is that when we were at committee they told us quite clearly this would be a problem.

What did we do? We did not consider it to be that big a problem and that it would all be fine because we knew better. Well, we did not know better and here we are with a bill to prove it. It is Bill C-18.

What we did not do is consult. I have said it before, that our job is to consult and after we have consulted, consult some more until we are absolutely sure we have done our homework. That is not the case in the instance of Bill C-31. We in fact had worse than that. It was not unintended consequences but some intended consequences with birth date information. It bears repeating that in Bill C-31 there were unintended consequences.

We did not hear this from witnesses and everyday people at all, this need to have birth dates on the voters list as an oversight requirement. However, what was really strange and quite disturbing was that we had intended consequences at committee. Not only would the bill have one's birth date information on the voters list but it would be shared with political parties.

In this instance it was not unintended consequences but very intentional. Our friends from the Bloc brought forward a motion at committee supported by the Liberals. The government joined me in opposing the amendment but lo and behold by the time it got to the House for third reading, it lost its courage to fight for the privacy of Canadians and it collapsed.

As my friend from Winnipeg Centre said the other day, the government folded like a cheap suit. It just said, oh well, for the interest of getting the bill through it needed to ensure that it let the amendment go through. My goodness, we had the Privacy Commissioner of Canada, in a letter that I gave to the committee, ask:

Is the problem of voter fraud so serious and sufficiently widespread to require the use of additional personal information? If it is a serious problem, is it necessary to provide polling clerks with the date of birth or can the same objective be achieved using less detailed information?

She was clear in saying that we should not, but again we had the government and the opposition parties saying that it was okay, that they would let date of birth information go through and share it with political parties.

This kind of information is analogous to giving people, who would like to use this information for fraud purposes, a little kit. I was calling it a government sponsored identity theft kit. That is what we are giving people.

Members know that there have been recent reports about concerns regarding credit card theft and people who are able to access bank accounts. What do they need? They need a date of birth and an address, and a lot of harm can be done. We were going to give this not only to poll clerks where, with all due respect to them, that information might get lost, but also to political parties.

I know the Liberal Party wanted it because it needed to do a little more in terms of fundraising. The Bloc said that is how it does it and that it had done it before in Quebec. I have no idea what the government was going to do with it. I guess one day it will tell me or it will be written in one of its member's memoirs.

In the meantime, what we have is a privacy problem within this bill. Then we have a problem with leaving hundreds of thousands of people off the voters lists, and now we have Bill C-18 in front of us. I submit that not only did the government not get the job done and did not do its homework on this bill but that we also opened it up to having the unintended consequence of invading people's privacy.

We really have to question why, at a time when all politicians and all parties are saying we want more people to vote and we want to get young people interested in politics, we put up these barriers.

I have to give the example of Ontario, where Ontario has made some changes to the requirements to vote. It did not do a very good job at all in telling people that when they go to the voting stations now they have to provide some ID. Voters have to tell the poll clerks their names, their postal codes, et cetera. Having taken part in the most recent provincial election, I know of a senior in my riding who, when I knocked on her door to ask her if she was going to vote, said “I tried to vote but they would not let me”.

That is exactly what is going to happen in the next federal election and I am not sure that this bill is going to solve that problem. The reason she said that is because she did not have the required ID and she had no one to vouch for her.

I can guarantee members that that will be the situation for hundreds and thousands, if not more, Canadians if we do not change the law. The law needs to be changed for people who do not have the requisite identification, in this case a senior who had lived in this particular domicile for more than a decade and did not have the requisite ID. We are going to see people disenfranchised like never before.

In fact, what we will see unless we change the law, with something like a statutory declaration, is people who are disenfranchised in the rural areas, in the north, in the urban areas, as well as homeless and transient people.

What we need to do is take a good look at this bill and at what the poison pills are in this bill. We saw the poison pills in Bill C-31. Are there any in here? I would submit there are a couple and I would just ask the government to do a very simple thing and look at enumeration. Why in heaven's name is it not going to engage in universal enumeration at every election for the universal suffrage of all of our citizens that we so obviously respect?

The other thing is not only to have universal enumeration and spend money there, but to make sure we train people properly. Those are nuts and bolts things, common sense things that we put forward at committee. The statutory declaration was another thing.

Finally, regarding the voting cards that everyone is so concerned about, and I am one of them, that are ubiquitous in some of these lobbies, put them in envelopes for goodness' sakes, address them to the voters, and if the voters are not present at those domiciles, they would be returned.

Presently, these cards are left around and open to potential voter fraud, I agree, but for goodness' sake, use this terrific new technology called an envelope, address it to the elector, and if the person does not live there anymore, it will be returned to sender, in this case to Elections Canada.

That is yet another way we can improve the system. It is another suggestion the NDP had. We should clean up the voters list, make sure we have actual human beings going door to door to clean it up, put the voters cards in envelopes, and ensure that there is a safety gap with the statutory declaration.

I must say that some of the critiques about statutory declarations are ridiculous. It suggests to me that there is mistrust among some members of everyday people, of citizens of Canada. As I said, there should be more scrutiny of people who cross the floor than citizens who are trying to engage in their franchise.

We will have to go to committee and try to fix yet another government bill, a mess that was made with the mélange of the three parties to ensure that Canadians will not be left out.

Members should read the blues of the committee. We were told by the Chief Electoral Officer that the way Bill C-31 was written and the way this bill is written now, goodness knows the way this bill was put through without us trying to fix it, people will show up at polling stations and will be sent away. They will not return.

That is what will happen at five minutes to eight or five minutes to nine, just before the poll closes, if people have to go get more ID because they do not have sufficient ID or they have to find another person to vouch for them. I can guarantee that people who have been voting all their lives, particularly people like the senior referenced in the Ontario election who had voted all her life, will just plain give up, and that is pathetic. It says that we have not done our job here.

I am not willing to do that, to allow our government to provide legislation that will disenfranchise. My party will not and I will not. We will make sure this bill, from our perspective, will make sure that Canadians, every day people, will not be disenfranchised. Then we will have some semblance of common sense in our electoral system.

I sincerely hope that the government will engage us this time in some of the ideas I have put forward, three straightforward ideas, and that it will take a look at it with honesty and sincerity, and say that maybe this is not a bad idea.

When we are talking about our democracy, the foundation and the franchise, people fought for it, as we just celebrated on Remembrance Day. To just let it fray away, to watch it be torn apart because of either ill-conceived notions or worse, as I said before, conceived notions, is not something we in this party will stand by and see happen.

I will just wrap up with a couple of comments about what can be done to ensure, through witnesses at committee, that we not have the fiasco and the mess we had with Bill C-31 yet again.

I would ask that parliamentarians go to their ridings. I have done this already. I have talked to people about the proposition of not only Bill C-31, but further to Bill C-31, Bill C-6 and Bill C-18. I am not sure as many people were engaged with Bill C-31. There has been a wake-up call, clearly, because of the mess of Bill C-31, and the fact that we have disenfranchised in a blink hundreds of thousands, if not millions, of Canadians.

However, hon. members should talk to everyday people in their constituencies and ask them what would happen tomorrow if they had to follow the requirements of the present legislation before us. Would they be able to vote? Would they have a problem finding someone to vouch for them? Would they have the requisite ID? Hon. members should go to a seniors residence, go to a homeless shelter, talk to some students, and then find out from them if there are problems, because that is the business of consultation.

That is what I did last week vis-à-vis Bill C-6, and I heard a lot of concerns. I would plead, almost beg, with members of Parliament to talk to their constituents on this bill because we did not consult enough last time. Let that not happen again.

Let us engage our citizens on this. It is their right. We are making up the rules here for them. We made a mess of it with Bill C-31. We need not do that again. Hon. members should talk to their constituents and then bring witnesses forward to committee through their respective representatives on committee, so we can hear from everyday people about how this would affect them. That did not happen last time.

The people who did come forward warned us that there would be problems, but sadly, members did not listen to them. Our party did. That is why we voted against Bill C-31.

We now have two bills which are trying to clean up Bill C-31. I am not sure if this is a record. I will have to look it up. We need to clean this up.

Canada Elections ActOral Questions

November 15th, 2007 / 4:50 p.m.
See context

Edmonton Centre Alberta

Conservative

Laurie Hawn ConservativeParliamentary Secretary to the Minister of National Defence

Mr. Speaker, I listened with interest to my friend gloomy-and-doomy down there as he spoke about social engineering. I want to assure him that there are no black helicopters circling his riding, or anybody else's, taking away Canadians' human rights. One would think the sky had fallen because all parties in this House made an honest error when Bill C-31 came through in the first place. That has been acknowledged by everyone except, apparently, the NDP. They voted against Bill C-31 for entirely different reasons. To suggest they saw this, of course, is completely false and disingenuous.

Credit should go to all parties that have said we need to fix this right away. The government responded. We have Bill C-18. It will fix the problem of rural voters right away. That is what was asked for and that is what is being done.

Therefore, the gloom and doom from down the way is just silly, frankly. The government has taken action. I would like to ask my hon. colleague a simple question. Is he going to support this bill or not? All parties, including his, asked for action to be taken and it is being taken. Is he supporting it or not?

Canada Elections ActOral Questions

November 15th, 2007 / 4:30 p.m.
See context

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, it is not with great pleasure that I stand today to debate Bill C-18.

As a member from a northern riding, I am debating a bill that may solve some of the issues within our riding, but it does not really get at the essential nature of the change in the voting system that will disenfranchise many people and will create great confusion and hardship in voting, at least in the next election, if not many other elections into the future.

When I stand today to speak to Bill C-18, I truly want to speak to Bill C-31. I want to speak to a bill that, in its nature, I cannot support. Its nature will change the way Canadians view their essential political rights in our country. It is a bill that I do not understand and I do not see where the direction is. I have to go back in some ways to Bill C-31 to look at some of the reasons given by our government members in putting forward the bill.

The member for Regina—Lumsden—Lake Centre spoke to the bill on June 18. He said:

What we are trying to do, by presenting a bill that will give increased and expanded voting opportunities for all Canada, is attempt to raise the level of voter turnout because.

To say that by creating these types of conditions that need to be in place for the voter to vote, we will increase the voter turnout in this country is, by any stretch of the imagination, patently absurd.

He went on to say, which is something more personal:

I think there is no greater fraud that could be perpetrated on Canadians than that of an individual voting in a federal or provincial election who pretends to be someone that he or she is not.

That is quite a significant fraud. We have seen greater fraud in the House over the past two years with the member for Vancouver Kingsway. He did not even take the time for the House to open up before he jumped across the floor and demonstrated his utter contempt for the voters who elected him. That is a greater fraud by far than a single voter who may misinterpret where he or she is supposed to vote or may make a mistake in the location of his polling station.

At the same time, the Minister for Democratic Reform spoke. He said:

As I have mentioned on other occasions, this bill makes a number of changes to the electoral process that will reduce the opportunity for electoral fraud, improve the accuracy of the national register and the lists of electors, facilitate communication with the electorate and improve the administration of elections.

Let us look at some of those statements. He said “Improve the accuracy of the national registry”. Where, in any of the discussions we have had over the past while, do we see a better enumeration system? Clearly, that is one thing we need. Many of the problems we have in the voting system in Canada come from the attempts of the current government and previous governments to reduce the work and the effort that is put into the enumeration system across the country. That is one of the serious problems we have with voting.

This bill and Bill C-31 will not change that. They will not make the system more complete. They will not ensure that people are carefully enumerated and that we have the kind of system that our parents and grandparents built up over many years.

Will it facilitate communication with the electorate? I do not see how that will happen with these two bills. What we are going to see is a situation in which many people will find, for one reason or another, that they do not have the proper identification or the proper address or that the address does not match. They are going to be turned off voting.

That is going to happen with a lot of very young voters. That is going to happen with voters who are in disadvantaged situations across this country, the homeless, the poor and the people who have to work long hours and do not have the opportunities that others do.

I know that federal employees have consecutive hours off work in order to vote. The people who are less advantaged across this country will find it more difficult to vote. They are going to have to ensure that on voting day they carry their identification and make even more of an effort than they are accustomed to in many cases to carry out what is their fundamental, democratic right in this country.

The government is responsible for the bills that it brings forward and for the accuracy and the scrutiny that should go into every piece of legislation that is as important as this one, as important as this legislation that goes to the fundamental nature of our democratic system, which is the right and the ability to vote and the certainty that a voter has when he goes into the voting booth.

The government has completely failed Canadians here. It has brought forward another piece of legislation wherein they are attempting to fix their mistakes yet it does not go far enough. Our party says that if the government wants to fix the mistakes in Bill C-31 then it should go back to what the NDP said previously.

What we proposed previously was to allow the voters to swear that they are who they say they are at the polling station. Then, if there is doubt about the identity of the voter, the voter would put forth sworn testimony that they are who they are and they have the eligibility to vote in that riding. That is trust in Canadians and Canadians deserve our trust.

In the last four elections, where probably in excess of 60 million votes were cast, there have been four cases of voter fraud. All this work that we have been doing in Parliament is taking a big sledgehammer and knocking down a tiny gnat. That is voter fraud in Canada. This bill is a huge sledgehammer.

Then, as for improving the administration of elections, Bill C-31 is going to turn the next election day into a fiasco. We are going to have hundreds of thousands of people, millions of people, standing at polling stations across the country, people who do not understand the rules, who do not have the proper identification and who do not have everything lined up. Canadians are used to voting one way and they will come out to vote and find that the rules have been completely changed. The administration of elections in this next period will be a mess. It will reflect badly on this country and on the voting process of many citizens.

I find these reasons to be bogus at best.

Let us look at what is going on here. We are taking the time now to bring a bill forward that will assist Bill C-31 and some of the errors that were made in that bill in terms of the layout. I heard the comments today from the Conservative government that the opposition did not pick up on these mistakes in committee and therefore it is the fault of the opposition that the bill is not correct.

Why are we doing this? The most cynical bone in my body says that this is a social conditioning exercise.

It will be followed by other social conditioning exercises to ensure that Canadians slowly give up their individual freedoms and slowly find that they have to show identification for whatever they are doing at every step of the way in this country. I do not like that. I still feel that Canadians are trustworthy and that we should encourage trust among Canadians. The concept of continually asking Canadians for their identification at every possible opportunity is the wrong road to go down. Those are my views on dealing with those issues.

I would like to move on now to issues that concern my riding.

Last month I had the opportunity to attend a meeting at Paulatuk, a community high on the Arctic coast. We talked about photo ID and identification. There is no place in Paulatuk to get identification. The residents have to go to Inuvik, which requires a plane flight, to get any kind of identification. Quite obviously, many of the residents do not have current identification. They do not need it in Paulatuk because everybody knows everybody.

When people in Paulatuk go to the polls on election day, the returning officer is going to ask for verification for all kinds of people and they will not have the required identification. They do not have the opportunity to go to Inuvik. They do not have the opportunity to get that set up. That will make a travesty out of a community's life. People who have known each other throughout their whole lives will have to show identification to each other.

That is a difficulty. That is a fundamental problem within this legislation. It does not deal with the honest and trustworthy nature of Canadians. It does not consider that. Unless someone proves who they are, says this legislation, they must not be who they say they are.

In fact, even if an elector has identification but it is not quite what is wanted, as I have said, what happens is that under proposed subsection 3.2, “a deputy returning officer, poll clerk, candidate or a candidate's representative who has reasonable doubts concerning the residence of an elector” appearing in front of them “may request that the elector take the prescribed oath”. We are putting it in the hands of all those people to decide the trustworthiness of that Canadian, but we are not allowing the Canadian himself to say that he is trustworthy and give his oath that he is a citizen and is legally within the jurisdiction and has the right to vote. To me, that is the solution we should be going forward with.

The changes that are going to be made with this bill will help a problem that has been created by Bill C-31, but will not help the problems inherent within it. They will also discourage Canadians from voting. They will reduce the already pathetic voter turnout in this country. They will probably reduce it among those who should vote, those who are disenfranchised from the system, those who need to express their opinions on politicians and the people who run this country.

This is a difficult situation for anyone who did not support Bill C-31. We are being asked to repair some damage that the bill caused, not nearly all of it, but we are still going to leave our electoral system in chaos in the next election. The government is still not providing a decent rationale for its actions. It is not coming clean with Canadians about what it is trying to accomplish here.

To me, Bill C-18 is totally inappropriate because it does not go far enough toward fixing the problems that have been created with the other bill. Until the government realizes the fundamental mistakes it made in the previous legislation, how is it going to fix them with this patchwork? How is the government going to make the changes that are going to make this work for Canadians in the next election and elections in the future? It is not. That is the problem.

We can send this bill to committee. We can try to work with other parties in Parliament to fix errors in a bill that is not appropriate, but that is not good enough. For Canadians, one of the only hopes we have now is what is happening with the charter challenge on Bill C-31. It is being challenged in our courts for its unreasonable nature in terms of our fundamental rights as Canadian citizens.

We will have to wait and see. Perhaps this problem will be solved for us by the courts, but that is a crying shame when we look at what has happened here in Parliament with this kind of legislation and the direction the government has taken. It is a real shame.

I am disappointed in the government. I am disappointed for my constituents. I do not want any of my constituents not to be able to vote, whether they are students travelling from one community to the other or transient people who have changed their address but have not changed it on their identification. Whatever the problem is, we will see problems with this bill that are hard to judge today, but they definitely will show up on election day. It will cast the whole system into some considerable doubt and will create a lot of pressure for change after the next election.

I do not know what we were doing when we brought forward Bill C-31 or what the thinking was there, but as a Canadian, as someone who prizes my right to vote and the right of every other citizen to vote comfortably and cleanly without any conditions put on that right, I am not happy with this. I do not think the bill is appropriate. I certainly hope that the courts will adjudge the same. That will solve the problem for us and bring it back to the reality of our electoral system, our voting system, which has worked well for us.

If there were examples of large scale fraud that came before the courts, we might have a case to say that we needed to be more vigilant here. We should have opened up the whole act and looked at how to review it to ensure that deputy returning officers and poll clerks all have the proper authority to deal with the issues that come in front of them. Instead, we took this course. Is it a course that is going to work for us? I do not think so. I think we have taken the wrong course and we need to right it.

If this Parliament does not do it, perhaps the courts will. I hope the voters realize this when they go into the voting booth in the next election and realize which parties caused the problems that they see in front of them, when they see the lineups and the people rejected from voting. I hope they think about it when they are going in to vote and I hope they cast their votes accordingly, realizing what the government has done to the system that was working well and was in place, a system that needed more work on the enumeration side and that needed the electoral act to be looked at in certain ways to ensure that the performance of the officers involved in conducting the elections is proper in this day and age.

Those are the things we should have looked at. We can attempt to fix this in a small fashion with this bill. We can fix the problems we have created with Bill C-31, but it is not good enough. It is not good enough and it should not be taking place in this Parliament.

Canada Elections ActOral Questions

November 15th, 2007 / 4:25 p.m.
See context

NDP

David Christopherson NDP Hamilton Centre, ON

Mr. Speaker, I was particularly struck by the member's focus on his province, and his own constituents, particularly those who have been disenfranchised.

The member will know that the NDP voted against the original Bill C-31 because of the very issue of disenfranchisement. Our concerns are that those issues still remain unresolved. There still will be literally thousands, if not tens of thousands, of homeless individuals who will have no means of being able to vote.

Despite the hon. member's concern for his constituents, he suggested that this bill would kind of make everything okay. From the NDP perspective, it still leaves unresolved all the key issues, in particular the matter of a statutory declaration, which we believe would go a long way to resolving that issue. The bill before us now will not address that and it will still to leave a number of my constituents and a number of his disenfranchised. They will be unable to participate.

Perhaps he could help close that gap for me in terms of understanding the Bloc members original support for Bill C-31, their support of this bill and his personal concern raised here today about those who will be disenfranchised. The disenfranchisement will still continue even after Bill C-18 is passed, which in effect amends Bill C-31. Would the member be good enough to help me understand and close the gap between the two trains of thought?

Canada Elections ActOral Questions

November 15th, 2007 / 4:05 p.m.
See context

Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, it is a pleasure for me to rise today on Bill C-18, An Act to amend the Canada Elections Act (verification of residence). I would like to provide a bit of background on why we are seized today with this bill. In February 2007, the House of Commons passed Bill C-31, which changed the Elections Act to reduce the chances of fraud or error by strengthening the requirements around the identification of electors.

As a result of these changes, Bill C-31 became more like the Quebec Election Act. It was nothing new, therefore, for us in the Bloc Québécois. Bill C-31 will be in effect in the next election campaign and came into force at the time of the last byelections in Quebec. Voters now have to present a piece of government-issued identification containing their name, photograph and home address, for example a driver’s licence. Voters who do not have identification containing a photograph must supply two pieces of acceptable identification in order to establish their identity and home address.

The Chief Electoral Officer will issue a list of the acceptable pieces of identification that electors can present at polling stations. We had one during the last byelection in Quebec. The identification can range from a credit card or credit card statement to a telephone bill or any other document that makes it possible to quickly identify the elector.

Potential electors who go to a polling station without two pieces of identification will be required by law to take an oath that they are who they say they are. In addition, a person who has already met the voting requirements can vouch for them. So it is very simple. If a person does not have two pieces of identification, someone who has already voted and met the requirements and who has his or her identification can vouch for that person.

This seemed very acceptable to us. Of course, there are always exceptions to any good rule. We had to review the situation in light of the recommendations by the Chief Electoral Officer, who told us that more than 1 million Canadians do not have a home address in due form.

We can understand that in Quebec. Until 2000, I was the mayor of a small town. I was given the opportunity to be the warden of the MRC and one day the president of the Union des municipalités du Québec. I can say that in the 1980s, a number of the smallest communities in Quebec did not have street numbers, door numbers, etc. The Government of Quebec asked all these municipalities to have addresses with street numbers and door numbers. This required a major investment. People had to go through the Commission de toponymie to get street names and so forth. The effort was made in Quebec, in areas that had municipalities.

However, there are still some areas not organized in municipalities. In Quebec, there are thought to be about 15,000 people who are affected. This figure also includes people with no fixed address, the homeless and so on. According to the Chief Electoral Officer of Canada, there are about 15,800 electors who do not have an address consistent with Bill C-31, passed last February.

When we look at what happened in the other provinces, such as Newfoundland and Labrador, we see that approximately 23% of voters would not be able to vote because they do not have a home address with street number. This means that they have rural addresses with only P.O. box or rural route numbers. This was the case 20 years ago in Quebec. So we can understand why other communities decided not to invest in this. In Ontario, 150,000 voters are affected and in Saskatchewan, there are 189,000. In Nunavut, approximately 80% of residences do not have individual addresses. So we can understand why this bill aims to regularize the situation and enable these people to vote.

Obviously, the proposals in Bill C-18 seem acceptable to us. In short, the bill amends the Canada Elections Act to make the rules more flexible, making it possible to verify the residence of voters living in areas where the municipal address on ID cards is a P.O. box, general delivery or rural route.

The bill states that if the address on the ID card provided does not establish the voter's residence, but corresponds to the information found on the voter's list, the voter's residence would be deemed established.

For example, a voter whose ID card shows only a rural route address would be able to establish his residence if that address corresponds to the information on the voter's list.

Obviously, if the voter's list shows that a person lives on rural route #2 in a particular place, and the identification shows the same address, it would be possible to make the connection and the bill would not require a street name and number as it did before. There would be enough information to make the connection.

There is also the case where one voter vouches for another. I gave an example of this earlier. Under the current act, someone who has an address and knows someone who does not have an address with a street number or does not have two pieces of identification can vouch for that person. People without addresses cannot be vouchers under the current act. Now, people who have proven to scrutineers, Elections Canada workers or the people responsible for supervising the vote that their general delivery address is the same as the address on the voter's list—and who therefore have previously exercised their right to vote—may vouch for another voter.

Clearly, these people can be allowed to vouch for voters who have no identification. The current bill keeps the references to pieces of identification, but allows rural routes in lieu of addresses with street numbers as addresses that match what appears on the voters list.

In my opinion, it is good that this bill can make things better for 15,800 voters in Quebec with no fixed address. The same problem exists in the other provinces, so the bill makes things better for the million voters the Chief Electoral Officer mentioned.

However, we have heard from members of other parties in this House. This measure must not nullify the whole principle of Bill C-31, which was introduced in the last session. We want to be able to avoid fraud by requiring two pieces of identification. We must not allow statutory declarations. What some members are trying to say is that we should go back to statutory declarations. A person simply has to take an oath to be entitled to vote. What we want is evidence, identification or someone who can vouch for someone else. Otherwise, this bill would call into question or have the opposite effect of Bill C-31, which was passed in February 2007.

I want Quebeckers who are watching us to know that Bill C-31 of February, 2007, is identical to the Election Act of Quebec. In Quebec, when we vote, we have to show identification. The federal legislation was much more lax. In the past, this resulted in mistakes and possibility for fraud. Quebec has always been a leader. Since René Lévesque, who overhauled the entire electoral system, political party financing and so forth, Quebec has always led the way in electoral legislation. We must applaud the Government of Canada for yet again modelling its legislation on legislation in force in Quebec and for the decisions it makes here in this House, with tremendous support from the Bloc Québécois. We are always proud to help the rest of Canada benefit from the good things in Quebec. Often, the best things come from Quebec. I am sure that the hon. member for Roberval—Lac-Saint-Jean can attest to that. As a former mayor, he knows quite well that we are always leaders in Quebec, but lately with the Conservative government, we have been falling behind in forestry and the development of the manufacturing sector.

If the federal government would agree to invest in its jurisdictions in economic development, if it would agree to listen to the recommendations of the Government of Quebec, of Premier Jean Charest, who is not a sovereignist, things would be better. Premier Charest asked the federal government to intervene and help the manufacturing and forestry sectors.

We saw that the Conservative government's recent policy statement, its mini-budget, offered absolutely nothing to deal with the crisis in forestry and manufacturing.

Bill C-18, which follows on Bill C-31, is a good piece of legislation. It modernizes the Elections Act and is based on legislation that has been in force in Quebec for almost a decade.

It would be nice if, in other matters such as aid programs for the forestry and industrial sectors, the Conservative government reacted to and relied on the good advice it is being given by the Bloc Québécois MPs and the Government of Quebec.

Once again, it is sad to see our colleagues from Quebec who agree to sit here, to sit at the same table as the hon. members from the rest of Canada, who do not have the same interests as Quebeckers. What can I say? They might understand, one day. There are seats available here on this side of the House for them.

That is why we always have to pay attention and be alert. After all, we are here to stand up for citizens. Bill C-18 was introduced in response to a complaint from Canada's Chief Electoral Officer, who wanted voters with no fixed street address to be allowed to vote.

The Bloc Québécois intends to stand up for their interests and supports the government in helping the Chief Electoral Officer.

When it comes to the Chief Electoral Officer, however, we always have to be very careful. When he asks for something, that is one thing, but when we do, that is another thing entirely. Let us not forget what happened during the last election campaign in Quebec, for the byelections. All of the parties in this House asked the Chief Electoral Officer not to allow people to vote with their faces covered. He did not comply with the unanimous decision of the members of this House who asked him to act in a timely and efficient manner like Quebec's chief electoral officer did.

I want to make sure this message reaches Canada's Chief Electoral Officer. This bill can help him. However, when all of the parties decide to recommend something, he should comply with that. After all, he is a public official. We want him to be neutral, but the position is a political appointment. That raises some questions. The Conservatives appointed him. They were very upset when he allowed people to vote with their faces covered. But since they were the ones who appointed him, they played it down later.

Obviously, by introducing a voter identification bill in this House, they are trying to correct one problem by creating another. The Conservatives are often conflicted like that. They want to solve the problem of veiled voters, but that means staff at polling stations will have to be women. Clearly, by solving one problem, they are creating another. That is often the case with the Conservatives. That is why they are languishing in the polls. In my opinion, they will continue to languish for some time.

Nevertheless, we hope here today to help those who do not have a fixed address. I explained this at the beginning. Something like this happened in Quebec in the 1980s. The tiniest communities did not have street names or civic numbers. That is understandable. Now, out of seven million residents in Quebec, there are only 15,000 people who do not have one. We understand that not all provinces have invested in this way. We can respect that reality, and help those people, while respecting the fact that they must produce identification.

Bill C-18 states that, even if a voter does not have a civic address, he or she must bring identification. If that identification indicates rural route number 1, without a house number, and if the voter registration indicates the same information, that is, rural route number 1, that is considered a match.

Thus, this bill would allow these people to vote. That is the aim of the bill, and we support it.

I can give an example of the identification required. A list, which can be updated for every election, was drawn up by the Chief Electoral Officer.

That is why it was not included directly in the bill. However, concerning ID cards, for all the voters listening here today, it could happen sooner than one might think. One never knows. There could be a federal election any time. With a minority government, any little slip up could trigger an election.

They need to know that the identity cards that will be accepted must include a photo and address, like a driver’s licence. Otherwise, it will be necessary to produce two other pieces of identification; in particular, those with a photo but without the address, such as a health insurance card in Quebec. It could be a matter of a health insurance card, a social insurance card, a birth certificate, a driver’s licence, obviously, a Canadian passport, a certificate of Indian status, Canadian citizenship certificate or citizenship card, a credit or debit card in the voter’s name, a Canadian Forces identity card, a health care card, an employee identification card produced by an employer, the old age security card, a bus pass, a student card, a library card, a liquor store identity card, a card from Canadian Blood Services or Héma-Québec, a hospital card, a fishing permit, a wildlife identification card, a hunting licence, a firearms acquisition certificate, an outdoors card or permit, a provincial or territorial identity card, or even a card from a local community services centre.

Obviously, these pieces of identification are accepted. Original documents with a name and residential address are also accepted; credit card statements, bank account statements, public utility bills, municipal property tax evaluations, school report cards, residential leases, statements of benefits, as well as income tax notices of assessment.

It should be understood that there is no shortage of pieces of identification. Obviously, the easiest is to present an identification card with photo and address, like a driver’s licence; however, not everybody has one and we are well aware of that. Next, there is a whole list of documents with name and address, two of which could be presented in order to vote, whether they have a photo or not.

The residents of Quebec should recognize that it is the same thing for the provincial elections: they must always bring their pieces of identification when they go to vote. As for the people who are responsible for applying the law, they should know that it is done out of respect for the institution; that is to say to ensure that the right people are voting. The procedure is very respectful. It will help election workers prevent fraud and error.

Above all, we are not falling into the trap where we allow the famous declaration under oath, without requiring any piece of identification, as was previously allowed. A voter could declare that he or she was the proper person without those who were working at the polling station really knowing that person’s identity. It was enough just to make a declaration. From now on, that will not be tolerated. An eligible voter will have to vouch for someone who does not have the proper identification.

If you do not have identification, you must be accompanied by someone who fulfills all the conditions—an individual who has identification, who was able to vote and who can vouch for you because they personally know you. This is allowed but you have to be accompanied by someone who knows you. Therefore, if there was fraud or whatever, the person who vouched for you would be responsible and liable to legal proceedings.

The Bloc Québécois is pleased to support Bill C-18 at second reading. We hope that amendments will be made quickly because elections can be called earlier than anticipated when a minority government is in power, particularly when the government acts like a majority government, as is the case at present, and is very arrogant towards the other parties. As the chief organizer of the Bloc Québécois, I am in a position to say that we will be pleased to go head to head with the Conservatives anywhere and anytime.

Canada Elections ActOral Questions

November 15th, 2007 / 4 p.m.
See context

Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, two points. First of all, in reference to the students and people who travel south and the military, I know about special ballots and everything will be there to vote in the same way. My question was regarding the requirement for a street address and whether that would negatively affect that procedure, would they now need to have a street address where they did not before? Hopefully that is covered by the amendments in Bill C-18.

In relation to the extra voting days, because people can vote by special ballot the day the writ is dropped, I am certainly in favour of having a system that is very flexible with good advance polling days because one or two days does not always help my constituents. As the member said, I have a huge riding and voters could easily be outside their poll and still in the riding, but impossible to get there. It is five or six hours in three directions to get back to my riding and a lot of people would not do that to vote, especially driving in minus 40°. As we discussed earlier, a lot of them travel outside the territory. They often go south for reasons of work, to visit family or other reasons so that one day or two days is not necessarily enough. There needs to be flexibility over the whole system.

There is one other problem that arises, and hopefully the committee will look at this. I was in a hospital last election day visiting people who were sick and a couple of people were there who had come from out of town for a couple of hours to visit people in emergency. They could not vote because people have to be at their poll to vote. That is disenfranchising people and hopefully that problem can be addressed in the future.

Canada Elections ActOral Questions

November 15th, 2007 / 3:50 p.m.
See context

Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, I have a very short intervention to make a couple of points for people to consider.

First, I would like to thank all the parties for working together to bring forward Bill C-18, verification of residence of voters, so quickly, particularly on behalf of people in the north because inappropriate wording or an inadvertent mistake would have disenfranchised a lot of northerners because of their addresses. I used to have an address like RR 1, Site 2, Comp. 3. Other people have box numbers. Most northerners do not have a verified street address.

I express appreciation to all members of Parliament and all parties for getting this technical change through quickly. A large percentage of the people in the rural areas of Canada in particular, and I will speak for rural areas being the chair of the rural caucus, would have had difficulty voting, technically, under the definitions and would have needed special provisions. These are very warranted changes.

After reading the amendments, I am not positive that the issue of residential street addresses has been addressed. I just want to make sure that the voting rights of certain people in relation to their residential street address are protected. One example would be military personnel who are away. Hopefully, this provision would allow them, as long as they have the proper identification, to vote in the riding that they have chosen, as has occurred in the past.

Similarly, in places like my riding, a number of people, especially seniors, go south for a portion of the winter and therefore end up having to vote on occasion from down there as, of course, elections are seldom in the summer. Once again, I am assuming that if the residential address that is on the voters list is the same as the address on their identification they would have no trouble voting. However, I want to make sure that the people on the committee who are investigating this in line by line detail make sure those people are protected.

The final category of people in similar situations are students. As there are no universities north of 60, in the northern half of the country, people who go to universities in the south are often there on federal voting day. So once again, I am assuming that if they are on the voters list, as per this act, Bill C-18, and their identification matches the information on the voters list they would be able to vote. I would like the committee to confirm that in its deliberations.

I have one other item I want to bring forward. If there is a member of committee in the House perhaps he or she could just answer this question for me during questions and comments. What is the number of people a person can vouch for? In my reading of Bill C-18, I do not see any conditions on that. There may be conditions back in the original act that were not amended. I am thinking of particularly small polls where there may be a number of people in the situation where they need people to vouch for them and there may not be enough of those eligible voters to swear in those people who are not on the voters list.

Perhaps someone could clarify for me the number of people an eligible voter can vouch for under these new amendments.

I again thank everyone. We will certainly be doing everything we can to get this through as quickly as possible because everyone in Parliament agrees that this is a necessary amendment so that no one is disenfranchised, although the chief electoral officer would never let that happen because he has the flexibility to make sure everyone can vote anyway. However, it should be done properly.

I congratulate all members in the House for making these corrections as quickly as possible.

Canada Elections ActOral Questions

November 15th, 2007 / 3:20 p.m.
See context

NDP

Catherine Bell NDP Vancouver Island North, BC

Mr. Speaker, it is my pleasure today to speak to Bill C-18 recently introduced into the House of Commons in an effort to fix a hastily adopted bill, Bill C-31, from the last session of Parliament.

I say hastily because I know the committee heard from many witnesses. They heard from Elections Canada, first nations, students, homeless advocates and the members of the committee, including the NDP member for Ottawa Centre, who was the critic at the time.

I know a lot of issues were raised on Bill C-31. Unfortunately, some of the flaws that were pointed out were not addressed. They were overruled by the members of the committee.

Today we are trying to fix a problem created by the Conservative government. The problem is the new stringent regulations, as set out in Bill C-31, on the cards to prove one's identity ultimately will lead to the disenfranchisement of over a million voters, as we have heard. This was pointed out by Elections Canada after the fact. Basically that has forced the government to come up with this new bill to try to undo the damage.

Under the new regulations of Bill C-18 being considered today, voting will still be more difficult for many cross-sections of Canadians, including people with rural addresses.

That is why I am here today to speak to the bill. I represent a riding that is probably 50% rural. We have a lot of small towns and a couple of large centres that get home delivery, but most of our communities get rural mail delivery. It is for them that I am worried.

I also have to include myself in that group of people because I live in a small town. I have a box number. Fortunately for me, my residential address is also on my driver's licence, as well as my box number. If that were not the case, I might find myself on election day unable to vote, or having to prove who I am.

In areas of Courtenay, where there is rural mail delivery, many people living on small farms and on lots outside of the city limits. They do not have home delivery. These people get their mail at the side of the road in a box, and it is an RR number. It has been like that for many years and a lot of the people have lived there for many years. This includes the area of Royston, which is just south of Courtenay where my aunt lives.

She has been in that place for over 50 years. She just turned 80 years old. She has always lived in the same place. She may find herself at the polling station unable to vote because she does not drive. She does not have a driver's licence with a picture ID on it and probably could not prove who she was. All her neighbours and the people who she knows would be unable to vouch for her because they might find themselves in the same predicament without the ability to verify who they are.

Also areas of Comox and outer areas of that town do not get home delivery. Up in the Lazo area, many people living in the little communities of Merville, Black Creek and Oyster River may be disenfranchised from their vote. Again, these people do not get their mail delivered to a box in a central post office. Because of what happened with Canada Post over a number of years, we have found that our mail is delivered to small community grocery stores, gas stations or other places where people have to pick up their mail. The mail does not come to their residences, so they usually have a rural mail delivery address or a box number in those places. Many people are going to find they have a problem.

I spoke a little about box numbers. Most of the communities in my riding, for example, Cumberland, Gold River, Sayward, Tahsis, Port McNeil, Port Hardy and Port Alice, Zeballos, have very small post offices. They are a long way from Ottawa and the larger geographical centres of British Columbia. People in these small towns rely on the post offices as the place to get their mail. Pretty well everyone's mail is delivered to a post office box. Many people live on roads that may not even have a name or a sign and their residence address would not be listed.

The other interesting thing is that there are a lot of little islands, Hornby, Denman, Quadra, Cortes, Alert Bay and Sointula, all those little islands we travel to and from. The people who live on those islands also get their mail delivered to a box at the local post office which in many instances is in the local community grocery store. These people may also find themselves disenfranchised.

That is a lot of communities, in fact most of the communities in my riding. There are only two main communities where people would get their mail delivered to their home and their home address would be on their card. We are concerned about what might happen with the people in the small communities.

The other thing I have to highlight is all the first nations communities in my riding and there are a lot of them, including places like Owikeno, Kingcome Inlet and up in Simoom Sound. These places are very remote. People do not get their mail delivered to a post office box or to their home. Their addresses are bag number such and such in the closest town and the mail is flown in on small airplanes or taken in by boat whenever the weather is good. That is how they get their mail. If they were issued a card that said bag number such and such, or whatever, obviously they do not live in a bag, they live in a beautiful community up the coast, but they could find themselves disenfranchised.

It is already hard enough for some people in our smaller communities and especially first nations because until recently they did not even have polling places on reserve, so they were feeling disenfranchised that way as well.

We are trying to find more opportunities to increase the vote among first nations people in our communities. I know in the last election we worked very hard with Elections Canada to make sure that there were polls on reserves so that people would have an opportunity to vote where they live. That is so important.

Some people in our rural communities have to travel quite a distance to exercise their franchise. We take it for granted when we live in a larger centre, in that we can just take a few minutes to go to our polling station and vote. We need to make sure there are more opportunities to do that, not less.

Also, I talked about homeless people and transient populations. My colleague, the member for Vancouver East, spoke passionately about how we would be disenfranchising many of those people in the inner cities who live in shelters or who are homeless. There were some provisions made to identify them and to make sure that they were not left out.

In my community we do not have big shelters. We have a couple of small ones, but we also have many homeless people in my riding. Many of these people are couch surfing. They are living in cars. There are families who are living at campsites. There are people who are double bunking, a couple of different families living together trying to make ends meet, trying to find suitable housing.

I do not know what will happen to those people if they have no address at all and they cannot prove where they are living. It is going to be really difficult for them at voting time. It is something that we should have addressed before.

At committee we also heard from students who were living away from home. Aboriginal representatives who came to committee brought up some of the flaws that were ignored at the time. As I said, here we are debating a bill that fixes another bill that was rushed through the House.

The NDP critic at the time who worked on the committee made presentations to our caucus. We understood the problems. We were the only party to vote against Bill C-31 at the time.

It is very unfair that all the groups that I just mentioned, aboriginals, students, rural residents, people who live in small towns, will have to jump through hoops in order to carry out their democratic right and civic duty to cast a ballot.

Constituents have called me to ask what is going on with respect to paragraph 3, proof of identity, in Bill C-18. They will have to provide proof of identity and residence. If a person cannot prove his or her residence, then the person may lose his or her franchise to vote. That is a problem. That is basically what brings us here today.

The provisions were introduced in order to combat voter fraud that allegedly was taking place in Canada. However, no meaningful evidence has been put forth to prove that fraud was occurring in any systematic or widespread way.

My colleague from Ottawa Centre mentioned that candidate fraud is a bigger problem than voter fraud, with the floor crossing that goes on. A candidate representing a certain party will get elected. People commit to a certain candidate. They work hard for that candidate to make sure that the candidate is elected and when that person gets to the House of Commons, that person might cross the floor to another party. That act in itself is what turns off a lot of voters. It is a shame that these things are allowed to happen in this House.

I also believe that the objective of stamping out voter fraud is an honourable one, but unfortunately, it is being pursued at too high a price under these bills. It basically alienates many honest Canadians and disenfranchises them from their opportunity to vote. It is too high a price to pay for something that really is not a huge problem in the first place. The most important thing is for Canadians to have easy and open access to the ballot.

I put forward a motion on electoral reform because I wanted to hear from more Canadians. More Canadians deserve an opportunity to vote and their vote should count. I wanted to hear from Canadians to find out how we could change and enhance our electoral system with proportional representation, but unfortunately that motion was hijacked by the procedure and House affairs committee. It basically turned into a process where the government could hear about Senate reform. I heard from people who attended the focus groups that came out of that procedure. The whole agenda was pretty much taken up with talk about Senate reform. There was very little talk about electoral reform.

That is sad because I know that in the province of British Columbia where I come from, electoral reform is something that a lot of people wanted. When we had our referendum in 2005, it did not pass, but it did not lose by much either. We had over 50%. Unfortunately, the way it was set out it had to have 60%, but 57% is more than 50% plus one. That is what we need to have a majority in this House. I think a majority of British Columbians did want some sort of change in our electoral process.

Back to the bill at hand, the NDP critic for democratic reform, the member for Timmins—James Bay, is taking an active role at the committee. Other NDP MPs are rising in this House to ensure that the rights of all Canadians are protected at the ballot box.

My colleague from Timmins—James Bay also is in jeopardy of losing his vote. There was an article a number of weeks ago in the paper about that. His driver's licence has a very strange address. That is how things are done in his riding. It does not list his residence, but only lists the number of a road. He is willing, as I and others are, to jump through the procedural hoops that the government has placed before us to make sure that we get to vote on election day.

I do not have to ask how many of my constituents would be willing to find someone to go to the polling station with them to declare that they are who they say they are. Seniors, people with disabilities, young people who are voting for the first time, are they going to show up at the ballot box with the people necessary to prove who they are, or will they walk away? I think most people would say, “Forget it. This is too much trouble. Why bother”. Such a procedure is going to turn people away from the voting process. This is something that we ought not to do. We should be encouraging people to get out and vote, not making it more difficult for them. We should not be setting up roadblocks.

Already voter turnout is too low. I think that voter turnout hovers at around 65%. That is quite shameful. It means that members were elected to the House with the support of 65% of the population, and the percentage of the vote that we received makes it even smaller. That is something we need to address in this country. Again, that could be addressed through changing our electoral system.

I am proud to say that only the NDP caucus stood up in opposition to the original bill when it was being expedited through the House last spring. The Conservative Party introduced this troubling legislation and both the Bloc and the Liberals got on board on the condition that all voters' birthdates would be included in the voters list that is provided to the political parties. My colleague from Ottawa Centre fought hard against these provisions, but he was ultimately outnumbered at the committee where these amendments were made.

It is unfortunate that we are here speaking to Bill C-18. Both it and Bill C-31 threaten the very foundation of democracy and the rights of citizens that Canadians hold so dear.

I know that the NDP democratic reform critic will do all he can to ensure that fair amendments to this bill are adopted so that the right of all Canadians on election day will be protected.

I thank the House for the opportunity to speak to Bill C-18 and to put my party's point of view forward.

Canada Elections ActOral Questions

November 15th, 2007 / 3:10 p.m.
See context

Bloc

Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC

Mr. Speaker, I am pleased to speak to this bill to amend the Canada Elections Act with regard to verification of residence.

Here is the problem, more or less. Elections Canada recently revealed that 1 million Canadians do not have a proper residential address under the terms of the original legislation. In other words, they do not have an address with a street number and a street name.

This is a reality both in Quebec and Canada. We have big cities, but we also have, numerically speaking, a large number of rural communities. Rural addresses quite often consist of post office box numbers or rural route numbers. For example, an address might include the name of the person, “Rural Route 1”, and the name of the municipality. We know that in most cases in rural areas, mail carriers deliver the mail to mailboxes along the roadside. Such is the case in my riding on Île d'Orléans, in Côte-de-Beaupré and in Charlevoix, where farms are very large. This makes mail delivery quite challenging.

In addition, Elections Canada realized that the addresses of residents of aboriginal reserves often consist of nothing but the name of the reserve. In my riding, there is a very dynamic aboriginal community, the Innu of Essipit. I am proud to salute the leadership of grand chief Denis Ross, as well as all of the band council and the negotiating team. In some aboriginal communities, then, the address consists solely of the name of the person and the name of the reserve. We can imagine that makes the process of identification somewhat complicated.

Worse still, those people could not appeal to another voter in the same polling division to vouch for them because most of the voters would not have the documents required to prove the address of their residence.

The problem is as follows. If you live in a township and your address is just “Rural Route 1”, it is very likely that the people who know you best or most intimately are your neighbours, and it could well be that those neighbours are your relatives. So, if your sister, your brother or sister-in-law lives on the same rural route as you, they have the same problem of identification. Their own address is incomplete for the purposes of Elections Canada. This measure has the same goal of improving the conditions for identification of voters.

According to Elections Canada, there are 1,012,989 voters, that is 4.4% of eligible voters in Canada, who do not have a residential address that meets the requirements of the Elections Act as amended. The situation is very disquieting. What is more, Elections Canada tells us that 80% of the residents of an area such as Nunavut do not have a personal address.

There are statistics for Saskatchewan, Ontario and for Newfoundland and Labrador. In Quebec, it is a matter of 15,836 voters or 27/100 of 1%, or more than 0.25% who could be facing the same problem.

Through Bill C-18, which are now debating, the government is amending the Canada Elections Act to provide more flexibility in the regulations concerning the verification of residence in the case of voters who live in areas where the municipal address appearing on a piece of identification consists of a postal box, general delivery or rural route.

This bill provides that where the address indicated on the items of identification presented does not establish the residence of the voter but is consistent with the corresponding information on the voters list, the residence of the voter is deemed to have been established.

For example, a voter whose piece of identity contains an address consisting only of the rural route could establish his residence if that postal address matches the information recorded on the voters list.

The bill also provides that in case of doubt the deputy returning officer, the poll clerk, a candidate or candidate's representative could ask the voter to take the prescribed oath if there is any doubt in the opinion of the election officials.

The Bloc Québécois supports the principle of the bill because we believe it is necessary to correct the law to avoid having 1 million Canadians deprived of their right to vote. Even though, numerically speaking, we are talking about a smaller number compared to other communities and other provinces, I believe that those 15,836 voters in Quebec also have the right to exercise their right to vote. Not amending the act would amount to depriving them of their right to vote, and voting is a democratic exercise in which we elect the representatives who will speak for us in Ottawa.

We are of the opinion that the NDP proposal to grant the right to vote to every voter who swears an oath is unacceptable. This proposal was already rejected by the three other political parties when Bill C-31 was studied in the previous session of this Parliament.

We believe that it is reasonable to require at least one piece of photo ID, if available, to verify the identity of voters and to ensure the integrity of the electoral system. There must not be any ambiguity: the NDP proposal could result in some fraud. The NDP proposal runs counter to the principles of identification required to vote in a general election or a byelection.

We know that the NDP is criticizing this bill because it believes it will not resolve all the problems created last spring by Bill C-31. We recall the discussions of the Standing Committee on Procedure and House Affairs where the NDP pointed out the situation of homeless people. I wish to reiterate what I said at that time: our party is not oblivious to the situation of the homeless. On the contrary, it is proof that despite economic prosperity, despite the fact that the dollar has reached its highest value in 30 years, there is the reality that there are poor people and homeless people in Canada and Quebec.

The problem for the homeless is that they do not always have an identification card. Yet, they must be able find someone to vouch for them and prove their identity. To adopt the NDP position would be to ensure that anyone at all could vote. We cannot support that position.

On the Liberal side, the member for Wascana, also the House leader of the official opposition, a Liberal member from Saskatchewan, is calling for this problem to be solved as quickly as possible.

In closing, I want to reiterate that the Bloc Québécois is in favour of this bill and that this problem is not new to us, even though it has received a lot of media attention lately. On December 7, 2006, Jean-Pierre Kingsley, former Chief Electoral Officer of Canada, appeared before our Standing Committee on Procedure and House Affairs and warned parliamentarians about the address problem.

I will close my presentation by citing Mr. Kingsley:

The requirement to prove residence presents a significant challenge. It is worth noting that in Quebec, which is the only province requiring ID at the polls, electors only need to prove their identity, not their residence. ... As well, the chief electoral officers of other Canadian jurisdictions have pointed out that in many rural and northern areas of the country, especially west of Ontario, the address on the driver's licence is not the residential address but the postal address.

In closing, we believe that this bill will be carefully examined by the Standing Committee on Procedure and House Affairs. I will say again that the Bloc Québécois is in favour of the principle of this bill.

The House resumed consideration of the motion that Bill C-18, An Act to amend the Canada Elections Act (verification of residence), be read the second time and referred to a committee.

Canada Elections ActGovernment Orders

November 15th, 2007 / 1:50 p.m.
See context

Bloc

André Bellavance Bloc Richmond—Arthabaska, QC

Mr. Speaker, I understand completely. This is going to be a very important question period.

It is my pleasure to speak to Bill C-18, An Act to amend the Canada Elections Act (verification of residence). A few minutes ago, my colleague from Drummond discussed this and stated that the Bloc Québécois supports Bill C-18 in principle.

The purpose of the bill is to close some of the loopholes in Bill C-31. All of our colleagues who have spoken to Bill C-18 talked about problems that resulted from the adoption of Bill C-31. People did not pass it in bad faith to cause problems, but, as is frequently the case, they realized after the fact that there were some problems. That is what happened with Bill C-31, which attempted to minimize opportunities for fraud or error by strengthening requirements related to voter identification. People were asked to produce identification that included their home address. That was when a pretty serious problem surfaced.

Elections Canada revealed that at least one million Canadians do not have a proper residential address, that is, an address with a civic number and street name, as required by Bill C-31. This might seem strange or unusual to someone who lives in the city and has always had a civic address with a street name. This does not mean, however, that these other people have nowhere to live. We are familiar with the plight of the homeless. However, there are also people who live in a rural setting who do not have that kind of address. It is not the same thing. They do not have a civic number and street name. They may simply have a rural route number. For instance, in the case of first nations peoples, their address might simply be the name of the reserve and nothing else. The address is just as valid, but it is not the kind of address that city dwellers tend to have.

One million voters represent 4.4% of all eligible voters in Canada. As I was saying, in rural settings, addresses often consist of post office boxes or rural routes. On first nations reserves, residential addresses often consist only of the name of the reserve. In order to ensure a healthy democratic process, everyone must, if possible, have the right to vote, which is an inalienable right.

Those who have a rural route as their address, for instance, cannot call upon a vouching elector from the same polling division, because he or she will have a similar address. If a voter brings along their neighbour or their roommate because they do not have all the documentation required by the law, the problem is that the other person will have more or less exactly the same address. They will have the same problem, that is, no civic number or street name. Therein lies the problem in Bill C-31.

This situation affects about one million people in Canada. Fortunately, the number is much smaller in Quebec, but there are people who do have that problem. Indeed, 15,836 voters, or 0.27% of all electors in Quebec were found to have an address that can be described as incomplete. They find themselves in the situation that I described earlier, in that they do not necessarily have a civic number or a street name. So, a solution had to be found to allow the greatest possible number of people to exercise their right to vote, a right—and I am saying it again, because it is important—that is unalienable.

So, Bill C-18 was drafted. However, the democratic process must be conducted while trying to prevent fraud as much as possible. Now, we joke about the days when people used to say that political parties would sometimes make dead people vote. We laugh, but it is not funny, because it was the reality. Some people did use that ploy at one time. Whenever the possibility exists, dishonest people will try to use all sorts of schemes to win elections in a fraudulent and illegal manner. That was done in the past. People would go to the cemetery, write down the name of a dead person, find his old address, and then go and vote while using the dead person's identity. This really happened.

In more recent times—unfortunately, this may still be happening, but it definitely did in the rather recent past—some people would vote by doing nothing less than to steal another voter's identity.

I do not believe I am mistaken in saying that this happened in the borough of Anjou, in Quebec. In the very recent past, it was proven that people were engaging in this fraudulent practice. Someone was elected because people—called floating voters—had been paid to vote for that person by stealing other voters' identities. This is a serious problem that must be prevented. That is why the NDP's suggestion that people simply take an oath in order to have the right to vote is highly problematic. It is not enough.

Bill C-18 amends the Canada Elections Act to relax the rules on verifying residence for voters who live in areas where the municipal address on pieces of identification consists of a post office box, general delivery or a rural route. The bill provides that if the mailing address on the pieces of identification provided does not prove the voter's residence, but is consistent with the information related to that voter on the voters list, the voter's residence is deemed to have been proven. For example, a voter whose identification shows an address limited to a rural route can prove his residence if that mailing address matches the information on the voters list.

In the case of someone who is vouching for another voter, the bill requires that the voucher first prove his or her own identity and residence. If the address on the voucher's identification matches the information related to the voucher on the voters list, that address can be used to prove the voucher's residence.

I will conclude by saying that if there is any doubt, the deputy returning officer, poll clerk, candidate or candidate's representative can ask the voter to take the prescribed oath. This is what is proposed in Bill C-18. As I said earlier, the Bloc Québécois supports this bill in principle.