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.

July 15th, 2008 / 10:05 a.m.
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Marc Mayrand Chief Electoral Officer, Elections Canada

Thank you.

Good morning, Mr. Chair and members of the committee.

I am accompanied today, as the chair indicated, by Mr. François Bernier, the legal services director at Elections Canada.

I was requested by the chair of this committee to assist members in the study of the review and treatment of election financial returns and the key considerations involved in the review of these returns. In discussions prior to my appearance, the chair requested that I provide a detailed explanation of the aspects of the legislative and administrative framework that relate to political financing under the Canada Elections Act and, more specifically, of the treatment of election expenses.

This will be the subject of the first part of the presentation. I hope it will provide the committee with a better understanding of the operating context in which decisions are made regarding reimbursement of electoral expenses. I will then turn to the subject of particular decisions of interest to the committee and explain how they relate to the legislative and administrative framework.

The mandate of Elections Canada is to administer the Canada Elections Act in a fair, consistent, transparent and impartial manner. As an officer of Parliament, my first duty is to serve Parliament and Canadians. While the committee is reviewing the activities of public office holders, I trust it will understand that in my capacity as Chief Electoral Officer of Canada, I can only speak to electoral matters. I will not comment on ongoing investigations of the Commissioner of Elections Canada, or the specifics of the case currently before the Federal Court. As well, I will not deal with any individual cases.

Mr. Chairman, with your concurrence, I will now proceed with the first part of my presentation. The committee has already received a presentation that extends to a number of pages—42 pages, I believe. So I won't read each of those pages, but I will simply make the main comments on the essential aspects of the presentation.

The presentation will contain four parts: first, the objective itself, as well as a part dealing with the key principles underlying the legislation and the administration of that legislation, the key aspects of the legislation, and, lastly, the aspects of the administration of that legislation. I will also provide a brief conclusion.

I think it's fair to say that the first hundred years of federal democracy in Canada have been focused almost exclusively on the conduct of elections and on progressively expanding the franchise--the right to vote--to all Canadian citizens. In fact, the right to vote became a fundamental right protected by the Constitution and the Canadian Charter of Rights and Freedoms in 1982.

This focus continues today, as the agenda of the 39th Parliament attests. For example, Bill C-2, the Federal Accountability Act, dealt with the appointment of returning officers, who are now the responsibility of the Chief Electoral Officer. It also dealt, under Bill C-31, with the integrity of voting. It also dealt with the issue of proof of residence, under Bill C-18. And it is considering, currently, Bill C-6, which deals with visual ID; Bill C-16, which deals with advanced polling; and Bill C-20, an important piece of legislation that deals with the appointment of senators. This is all to show that there is still a focus on the electoral process and the conduct of elections.

However, over the last 40 years, growing concerns have been expressed with regard to the influence of money in the electoral process. These concerns have led Parliament to incrementally design a regulatory regime to govern the use of money during electoral campaigns. We are now at the point at which Canada is at the forefront among mature democracies in how it regulates the influence of money in election campaigns. This regulatory regime of political financing was initially built in the seventies, and it has since witnessed repeated legislative reform that continues today. Again, this Parliament passed Bill C-2, which deals with contributions and gifts and which banned contributions from corporations and unions. It is also considering another important aspect of the financial regime, under Bill C-29, with regard to loans.

My purpose today will be to deal with a particular and key aspect of our political financing regime, that of election expenses and their treatment by Elections Canada under the Canada Elections Act. More specifically, I will touch on the legislative framework, the administrative framework, and the compliance and enforcement program.

There are certain principles underlying the legislative and administrative framework. First, to maintain public trust, are transparency and fairness. These principles are expressed through various provisions in the act that deal with public disclosure, expense limits, public funding, compliance and enforcement, and, something that is often forgotten, the distinctiveness of political entities. Each has its own regime, with distinct rights and obligations.

Transparency is about disclosure. It's about providing information to electors on candidates, parties, and other entities. It involves, with regard to financial matters, reporting revenues and expenses and the sources of those.

Fairness is the key principle of a healthy democracy. In our democracy, fairness is about allowing political parties' candidates to have an opportunity to present their visions, their policies, and their values to electors. What those are and how they are communicated to electors is the exclusive domain of political parties and candidates. However, legislation seeks to ensure that the competition among political parties and candidates to secure the vote of electors be conducted within certain rules designed to create and maintain a level playing field. One area of legislation, again, over the last 40 years, has been the adoption of rules that will foster this level playing field. These rules deal specifically with how money can be raised and how it can be spent in order for them to present ideas and reach out to electors.

The Canada Elections Act passed it to the CEO to administer these complex rules, with a view to ensuring that key principles are maintained at all times. In doing so, Elections Canada must act fairly and impartially and exercise due diligence at all times. When it finds evidence of non-compliance and possible offences, it must exercise the authorities provided by the legislation in accordance with all the requirements of fairness and due process, within the strict limits of the law. To do otherwise would undermine not only Elections Canada as an institution but also the democratic process itself.

Let me turn now to the key aspect of the legislative framework as it relates to the treatment of election expenses and the role these key principles play in the electoral law.

The relevant aspects of the legislative framework involve key definitions, a brief discussion of duties of official agents, the notion and concept of election expense limits, the concept of transfers among political entities, reporting requirements for those political entities, entitlement to reimbursement, and key differences between parties and candidates. Note that some misunderstand the system and tend to view parties and their candidates as a single entity, yet the law makes clear distinctions and establishes distinct responsibilities, benefits, and obligations for parties and candidates. For the most part, these are treated independently of one another. This is particularly true in disclosure and reporting requirements, which are different for parties and candidates. Access to public funding is different. Spending limits are set differently for candidates and parties. To some extent, rules governing the raising of contributions are different for candidates and parties.

Let's first look at key definitions. Under candidate electoral campaign expenses, there are three key definitions that need to be considered: candidate electoral campaign expenses; candidate election expenses; and candidate personal expenses.

Electoral campaign expenses are expenses reasonably incurred in the election and include election expenses themselves and personal expenses. There are electoral campaign expenses that are neither election expenses nor personal expenses. An example is the audit expense in excess of the subsidy. It is an electoral expense, but it is not an election expense. There is also the rent of an office outside the rent period. For example, when a candidate rents an office before the writ is dropped or carries the office after the polling date, these are electoral campaign expenses, but they are not election expenses.

An election expense includes any cost incurred or non-monetary contribution received to the extent that the property or service for which the cost was incurred or non-money contribution received is used to directly promote or oppose a candidate during an election period. The expression “directly promote” does not refer only to expenses incurred to expressly urge voters to vote for or against a particular candidate. It has a much broader meaning that encompasses all expenses that directly assist in getting a candidate elected. For example, it includes the rental of office space, equipment in that office, the computers, the supplies, and the remuneration of campaign workers during the election period. All such expenses directly promote the candidate and are thus election expenses for the purpose of the act.

The third definition has to do with personal expenses. Personal expenses of a candidate are his or her electoral campaign expenses other than election expenses reasonably incurred in relation to his or her campaign. Personal expenses include travel and living expenses, child care, and similar expenses.

It's important to note that there are three categories of expenses, each with its own definition and standards. Election expenses must generally be disclosed. They are subject to a reimbursement, and they are subject to spending limits. Personal expenses must be disclosed, and they are subject to a reimbursement. Residual expenses that are neither personal nor for an election must be disclosed, but they are not subject to a reimbursement. Again, I mentioned previously the subsidy for audit.

Another key concept in looking at election expenses is the notion of transfer. The act allows specific political entities of the same political affiliation to move resources amongst themselves without being subject to the restriction on the source and amounts of contributions set out in the act. A contribution is the amount of money received that is not repayable; otherwise it would be a loan. It is the amount of money received that is not repayable, or the commercial value of a service or a property, or the use of property or money to the extent that it is provided without charge or at less than commercial value.

Again, this is a new, essential concept--commercial value. How is commercial value defined? It's the lowest amount charged for a property or service by the person who is in the business of providing that good or service. Alternatively, it's what another commercial provider charges for the property or service who is not in that business.

At the end of the electoral campaign, candidates must file an electoral campaign return. That return is an account of all financial transactions for an election. It consists of a form that has 15 pages and is divided into four parts. It's a bit longer than even a tax return, so there's a level of complexity attached to filing those returns.

Let me give you an example of how these concepts can come together. Let's assume that a party pools the purchase of lawn signs for its candidates and offers those lawn signs to candidates. They have the option of accepting the package or turning it down. Let's say one candidate agrees to purchase 1,000 signs for his campaign and that those signs have a value of $10,000; however, the candidate can only afford $2,000. Provided the signs are used during the campaign to promote the candidate, the return will have to show the transaction as follows. First of all, the election expense will be $10,000 for the candidate, because he received those 1,000 signs and used them during the campaign. That's the amount shown as the expense. Within that he will show the paid expense as $2,000. He will show a non-monetary transfer of $8,000, which is the commercial value of the signs that were transferred from the party to the candidate. The amount shown as the expense will be counted against the spending limit and it will be eligible for reimbursement. The amount shown as non-monetary will count against the spending limit, but it will not be reimbursed since nothing was paid for that amount.

This is a very simple example of how those transactions have to be reflected in the return.

To emphasize the critical role of money and the need to rigorously control inflows and outflows and ensure that financial activities are strictly within the constraints of the legislation, the legislation provides or requires that each candidate appoint an official agent. In fact, a candidate cannot officially run as a candidate without having appointed an official agent. This is a must under the legislation.

An official agent is much more than a bookkeeper. In fact, if we can do an analogy, he or she could be seen as a treasurer or a financial comptroller. You have on slide 9 the key duties of an official agent.

Generally, the official agent is responsible for controlling all electoral campaign expenses; that is, for a candidate's campaign, only the official agent or the candidate or someone authorized in writing can incur an electoral campaign expense. So you will understand that to fulfill his or her duties, the official agent must of course be familiar with all the concepts and the definitions I mentioned earlier and must develop a good understanding of the underlying principles of the legislation.

Let me talk briefly about expense limits. The first point to note is that there are separate limits for parties and candidates and that those limits apply to election expenses, whether paid or unpaid, and include the commercial value of non-monetary contributions or transfers.

Elections Canada calculates those limits for each in accordance with a formula set out in the act. I will not go through the specifics of the formula, except to say that, for candidates, that formula takes account of the number of electors, the population density in the riding, and the geography of the riding, and provides an adjustment for inflation.

Spending limits for parties are a little bit simpler to calculate. It's the number of electors in the ridings for which candidates are presented by the party.

For the 39th election—that's slide 13—the average expense limit for candidates per electoral district was a bit over $81,000, and for a registered party that endorsed a candidate in all 308 ridings, the limit was set at a bit over $18 million. What does that mean? One may be tempted to say that in total a party having 308 candidates could spend altogether up to $18 million for the party and up to $24 million, almost $25 million, given the limits of each and every candidate, for a total of $43 million. However, to look at it in this manner would be mistaken, as the law does not consider the political family as one entity but rather, in this case and this example, as 308 distinct, separate entities with their own rights and obligations.

Let me talk briefly about transfers. The Canada Elections Act recognizes the organic link that exists in the family of political entities, allowing them to move funds, goods, and services among themselves without treating those movements of resources as contributions. The provision of resources from one political party to another, which is not specifically provided for under the act, constitutes a contribution and is subject to the eligibility and limits set out in the act.

Transfer of expenses is not permitted, as this would render the distinct limit of parties and candidates meaningless. As you can see, it is absolutely essential to keep all those definitions and concepts as we look through various returns provided at the end of electoral campaigns.

You will find on slide 15 a table showing the transfers, what is allowed and what is not allowed. Clearly, you will see that transfers between parties and candidates are perfectly allowed by the Canada Elections Act. It has some standards, but they can move resources freely between entities.

You will note that for candidates, these movements of resources can start only after they've been officially declared candidates, meaning that their candidacy has been registered with the returning officer. You will also note that transfers to candidates after polling day are allowed only to pay for unpaid claims and for nothing else.

You will find again at slide 16 another way of looking at it. There is a triangle on that slide that shows the relationship between the party, the candidates, and the EDAs, and the respective rights and obligations for each. You will see clearly that the transfer of money, goods, and services among all three entities is allowed. You will also note that the transfer of expenses is not allowed, and you will see that Elections Canada is overseeing, through various programs, how the money flows among entities.

I should point out that for the 39th election, Elections Canada dealt with 15 registered parties that had over 1,200 electoral district associations, and with over 1,600 candidates, each with their respective agents.

On page 17 you will find a table of the transfers reported in Canada through returns for the 39th election. You will see that all parties represented in the House have transferred resources with their affiliated entities. These have taken place between candidates and parties, between candidates and EDAs, and between parties and EDAs.

Message from the SenateRoyal Assent

December 14th, 2007 / 1:15 p.m.
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Conservative

The Acting Speaker Conservative Royal Galipeau

I have the honour to inform the House that when the House did attend His Honour the Deputy to Her Excellency the Governor General in the Senate chamber His Honour was pleased to give, in Her Majesty's name, the royal assent to the following bills:

Bill S-2, An Act to amend the Canada-United States Tax Convention Act, 1984--Chapter 32;

Bill C-15, An Act respecting the exploitation of the Donkin coal block and employment in or in connection with the operation of a mine that is wholly or partly at the Donkin coal block, and to make a consequential amendment to the Canada--Nova Scotia Offshore Petroleum Resources Accord Implementation Act--Chapter 33;

Bill C-35, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2008--Chapter 34;

Bill C-28, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2007 and to implement certain provisions of the economic statement tabled in Parliament on October 30, 2007--Chapter 35;

Bill C-12, An Act to amend the Bankruptcy and Insolvency Act, the Companies' Creditors Arrangement Act, the Wage Earner Protection Program Act and chapter 47 of the Statutes of Canada, 2005--Chapter 36;

Bill C-18, An Act to amend the Canada Elections Act (verification of residence)--Chapter 37.

It being 1:20 p.m., the House stands adjourned until Monday, January 28, at 11:00 a.m., pursuant to Standing Orders 28(2) and 24(1).

(The House adjourned at 1:20 p.m.)

Canada Elections ActGovernment Orders

December 13th, 2007 / 3:05 p.m.
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Liberal

The Speaker Liberal Peter Milliken

Is it agreed that Bill C-18 be deemed read a third time and passed?

Canada Elections ActGovernment Orders

December 13th, 2007 / 3:05 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

I would seek the unanimous consent of the House for the following motion. I move:

That Bill C-18 be deemed read a third time and passed.

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 third time and passed.

Business of the HouseOral Questions

December 13th, 2007 / 3:05 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, there is a response to the Thursday question and then I will get to the specifics that the member has asked about as part of our business to attend to Bill C-18.

This entire week has been a week of delivering results. I am pleased to see that we have done that this week. The House performed in an exemplary fashion on Tuesday, I believe, when we dealt with the legislation on the national research universal reactor to get that safely restarted so tens of thousands of Canadians and people all around the world can benefit from the availability of isotopes.

Earlier today, we voted on the budget implementation bill.

This bill reduces taxes for Canadians by, for example, decreasing the GST to 5%, and reduces personal and corporate taxes. The bill is now in the Senate. The government hopes that the upper chamber will examine it quickly so that it becomes law on January 1.

As well, just before question period, the House passed Bill S-2, implementing a tax treaty. It is now awaiting royal assent. It will help provide certainty and benefits for Canadian business.

We hope that in a few moments our verification of residence bill for elections will pass the House. This bill is important because it solves the problem of verifying the residences of voters who do not have a civic address on their identification. I know that all members want to ensure that legitimate voters are able to exercise their fundamental rights.

We will have business when we return on January 28. We will continue to focus on the priorities that were laid out in the Speech from the Throne.

They include: tackling crime and strengthening the security of Canadians, providing effective economic leadership for a prosperous future, strengthening the federation and our democratic institutions, improving the environment and the health of Canadians and strengthening Canada's sovereignty and place in the world.

Before we go to the motion, I would like to recognize the work done by all members of the House over the past year. We have delivered results in 2007, and the week's theme was accurate.

While at times the activities and debates do get heated and tense, I know that all members have the best interests of their constituents at heart and that all members are working hard to make Canada a better place to live, work in and raise a family.

Since this is the last Thursday statement of the year, I want to take the opportunity to wish all members of the House, including the House leaders in particular, with whom I work closely, and you, Mr. Speaker, the staff and the pages of this great chamber, and the people of Canada a merry Christmas and a happy new year.

Business of the HouseOral Questions

December 13th, 2007 / 3:05 p.m.
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Liberal

Ralph Goodale Liberal Wascana, SK

Mr. Speaker, perhaps instead of the normal Thursday question, I wonder if the government House leader would be prepared to see if there is a disposition in the House to deem Bill C-18 to be read a third time and passed. Then there might also be a disposition to see the clock as 5:30 p.m.

Canada Elections ActGovernment Orders

December 13th, 2007 / 1:35 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, my colleague, in representing an area like Cape Breton, will know the problems. I do not know where Elections Canada gets its maps from sometimes but I know that in my riding people are sent to polling stations 40 or 50 kilometres up the road. The result of that is that they simply do not vote or, if they do try to vote in their own town, they are told they cannot even though they have been in that town their whole life, and they end up not voting. That is a very serious issue.

When Bill C-31 was brought forward, our party brought forward a number of amendments to try to make the bill workable because at the end of the day, as I keep repeating, our job is to make legislation that works and that is practical.

When we found that there was not that much interest in addressing the issues we were raising, the fact that numerous people would not meet this new requirement and we needed to fix the problem, we ended up voting against that bill because we felt that it would come back to haunt us. It has already come back to haunt us twice.

The other astounding testimony that was given just the other day on Bill C-18 by Jim Quail was that this was now facing a charter challenge. It was going to court. Again, no one seemed interested in asking him any questions about the fact that we might get legislation that gets its rear-end kicked all over the courts. However, I asked him questions and there was a clear legal precedent about any interference in the right to vote.

Once again, if we are going to make laws, we need to ensure they stand up to scrutiny and the test of time. Unfortunately, Bill C-18 could have done it, and we were certainly willing to work at it, but at the end of the day I think we will be back to square one. We will still have problems with the way the vote has come down.

Canada Elections ActGovernment Orders

December 13th, 2007 / 1:30 p.m.
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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I would like to thank the member for Timmins—James Bay for the incredible work that he did at the committee in trying to correct the serious flaws in the bill.

Bill C-18 has a bad history. It started with Bill C-31 when the government moved on legislation that was supposedly based on incidents of voter fraud. I was at some of those committee meetings where we asked questions on whether there was voter fraud going on across the country. Elections Canada told us that there were only isolated incidents and yet that original bill was brought in to a crushing effect. Hundreds of thousands of people, including in my own community of East Vancouver, are now disenfranchised as a result of the original bill and would still be disenfranchised as a result of Bill C-18 that is before us today.

I want to thank the hon. member for the valiant efforts that he made in committee to ensure that some witnesses were allowed to point out the serious flaws in this process and in this bill. However, it seems that this has fallen on deaf ears. Not only has the government been in denial about the impact of this bill, but so has the official opposition and the BQ.

It is quite stunning to see that other parties in this House have refused to acknowledge the disastrous impact of this bill and the impact it will have on people in urban areas, as well as rural areas, but because the issue in urban areas was never addressed we are now disenfranchising people.

I would like to ask the hon. member to comment from the point of view of what he heard from the witnesses and what he will see as the impact of this bill on people in urban areas.

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 third time and passed.

Canada Elections ActGovernment Orders

December 13th, 2007 / 12:40 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I normally preface all my speeches by saying that I am very proud to rise in the House and speak to a bill; however, I am not very proud to rise and speak to this bill, because we are speaking about the increasingly dismal trade of politics as it is practised in Ottawa.

When someone does a job badly, and it is found out that the person has done it badly, it is incumbent upon the person to fix it. I have done many different jobs over the years and I have been proud of all of them.

When I was a dishwasher, if the cook did not like the way I washed the dishes, they came back to me right away and I would do them again, otherwise I was not going to hold that job.

A house builder would not get away with putting up a wall wrong. The foreman would come in and determine whether the wall was built right or wrong. If it was built wrong, it would be torn down and rebuilt.

As a musician, boy oh boy, musicians know what would happen if they did not satisfy the crowd on a Saturday night. They would hear about it right then and there and if they were going to keep those gigs, they had to improve.

What is our job here in Ottawa? Our job is to bring forth legislation. We have to do due diligence on legislation. It is incumbent upon all of us at a certain point to check our partisan hats. We need to examine proposed legislation and bring perspectives from our regions. Each of us represents different areas of the country. There are many different political and cultural points of view. We have to look at legislation and determine its efficacy, because at the end of the day, it will become the law of the land. That is our foremost job in the House, and it has to be undertaken with the utmost seriousness.

When we deliver a law that has failed badly, it is incumbent upon all of us in the House to see what went wrong, to step back and see how the mistake happened in order that we can rectify it and take pride in our work.

Unfortunately, as I said, this is becoming an increasingly dismal trade because it seems that when a mistake is made, we do not look at what went wrong. We turn it over to our spin-meisters and our wedge issue people to try to re-write history and what happened. The path to understand how the mistake was made becomes deliberately obscured. When it becomes deliberately obscured, we are doing a disservice, because our fundamental job is to represent the best interests of this country in terms of bringing forward legislation that is applicable, that is just, and that in the field will actually help our citizens.

With respect to Bill C-18, I set out with some high hopes that we would rectify the problems of a badly flawed bill, BillC-31. My colleagues from the Bloc say that Bill C-31 was brought in to escape issues of widespread fraud. The committee examined issues of fraud because fraud is a very serious threat to the health of democracy. Fraud has to be sought out wherever it exists. It cannot be sought out with vague old wives' tales or writing on the bathroom wall. It has to be proven. It is incumbent upon the Chief Electoral Officer to hunt down any cases of fraud.

The committee looked at the issue of fraud and found one case which occurred in 2006. There were no cases in 2004. There were three cases in 2000. That is not to make light of electoral fraud. We trusted the Chief Electoral Officer to investigate and study any allegations out there. We came back with Bill C-31.

At the time, New Democrats were concerned that people would be disenfranchised. At the end of the day, regardless of what my colleagues in the Bloc say, the right to vote is an inalienable right in Canada. It is enshrined in the charter as one of our fundamental rights. We have to ensure that when people have the right to vote, they are not blocked from voting.

When Bill C-31 came out, lo and behold, we found there were not one but two major problems with it. A million rural residents were not going to be able to vote, thanks to a lack of due diligence in the committee's work. Then there was the issue of the wearing of veils when voting. Now we have Bill C-6. We have a bill that became law and within a few months we already have to have two other band-aid laws to repair the fundamental flaws in the first bill. When we look at Bill C-18, we have to ask ourselves whether it will fix the problem and if it will do it right. That is our obligation at the end of the day.

As referred to many times, the discussion on Bill C-18, is to fix a problem for rural residents. When anyone raises the issue of homeless people, there seems to be a fundamental balancing act. Do we worry about a few thousand homeless people in Vancouver or do we worry about a million residents in rural Canada?

However, nowhere in Bill C-18 does it speak to the issue of rural residents. It speaks to an act to amend the Canada Elections Act, the verification of residents. The verification of residents is the key element that leads to the potential disenfranchisement, as the electoral officer said in one case, of a million rural Canadians, including urban Canadians, first nations Canadians and then homeless people.

I will not to focus too much on Bill C-31, but we need to know where we came from in order to know why we still have a fundamental problem. I know members of the House who were on the committee voted for it, but after questioned how this happened, that they must have missed a translation at third reading.

They did not miss it. They were not interested. We spoke about it. We brought forward witnesses who said that there would be problems with the ability of people to meet the onerous requirements of Bill C-31.

I spoke to Bill C-31. I am not patting myself on the back, but perhaps I was just too lazy to get the records of what everyone else said. However, I know what I said, so I will bring it up, and it is fairly straightforward.

When we discussed Bill C-31, I spoke of the problems we had in the rural parts of my riding and in other communities with mailboxes and the difficulties people would have in voting. That was on the record for many people. I spoke of the issues of photo IDs and the fact that on the James Bay coast, an area I represent, up to 30% of the communities did not even have health cards.

We help them fill out the health cards. The Ontario government does not even bother to do photographs for first nations people. It sends them little trillium stickers because it is cheaper than getting photo IDs. Therefore, we had raised the issue of the problems of identification in these isolated areas.

I had said at that time that I would invite anybody to go into Fort Albany and ask people their addresses. People do not have street addresses and that is how they get by. We find in many of our communities, they simply do not even have the most basic registration that is being required.

We were bringing forward the perspective of our regions and our constituents to bring a sense of reality to the debate. At the time, I remember it was ignored and overlooked. In fact, there was a fair amount of snickering. The old NDP was standing in the way of progress again.

I will refer to evidence at committee at the time from the Nishnawbe-Aski Nation, which was ignored. Witnesses said that the voting changes to Bill C-31 were:

—based on the assumption that the majority of Canadian electors live in urban centres. Until government services are made available in an equitable manner to our people living in remote communities and the amendments to the act reflect the realities of the lives of our people...I suggest that the committee, if possible, visit some of our communities to better understand the challenges we face in our role as Canadian citizens.

They were ignored.

Suddenly now we have a situation where there is an embarrassment that the bill has failed. Therefore, we were all called together to try to fix it. The issue of fixing it is paramount, but again we have to do due diligence. How do we do due diligence? We have to bring forward witnesses. This is not stalling. This is ensuring that we do not fall into the same mistakes that were made.

The process we went through with the bill was a very dismal, petty process. The Liberal whip tried to push the vote through without any witnesses. How can we go through with no witnesses when 80% of the people in Nunavut have been told they are not enfranchised to vote? Would we not think it would be incumbent upon us in the House, after having made such a colossal error, to at least have a witness who can speak to the bill and say whether or not it addresses the problem? However, no, it was a desire to get this thing done and out of the road by Christmas.

I brought forward four witnesses to speak to the bill because I felt the issue was whether the vouching system would work with what we had to address. There is no problem with the rest of the amendments to Bill C-18. We support the need to get this thing fixed, but the issue is whether vouching, in the way it is laid out, will be a practical, realistic solution to the problem.

We had four credible witnesses. There was a fifth witness, and I do not know where he had come from, but he was allowed to speak as well. They were given two minutes each to give their perspective on the bill. They were interrupted many times. They were cut off at the end. At the end of the day the chair basically told them they did not know what they were talking about.

I found that quite a shocking and sad testimony. Whether we agree with witnesses in committee or not, they come forward so they can given us a perspective and we can test their points of view. We are legislators, so when a witnesses come, whether they represent what we think is the most far out solution, our role is to test them, to ask them the fundamental questions to see if what they have brought forward to us stands the test of reason. That is how we make legislation.

Ian Boyko, from the Canadian Federation of Students, came forward. In his testimony, he said that to have only two minutes to address the problems with the bill and the vouching for ten of thousands of students who would be disenfranchised, he could not even begin to do it. He said that he would take questions, but nobody asked him a one.

I have never seen anything like this. I have never seen such a lack of interest. The head of the Canadian Federal of Students came to a committee and stated that tens of thousands of university students would be ineligible to vote because Bill C-18 would not address the issues they faced and nobody asked questions.

It is a funny situation when we sit in our committee and talk about encouraging young people to vote and how we can find ways to do that. Yet when they came to speak to us, nobody even had a question for them. They wanted it through.

Another astounding statement was from Jim Quail from the British Columbia Public Interest Advocacy Centre. He said that even if the changes went in, the changes that will address some of the issues we face, 700,000 urban residents would still not possibly meet the test. This is based on what the electoral officer had provided previously, and this does not include the other million people. That is based on 5% who would not meet those requirements because they have moved or whatever.

We heard in our committee on a previous bill that 12% to 15% of the voters in Australia now voted by declaration because of the continual movement in urban areas of people moving in and out or people who do not know anyone. Anyone who has an urban riding is well used to this. Even in the urban part of some of my communities, when I go into a neighbourhood six months after an election, it is almost like a completely different group of people in there. Sometimes I wonder if I am walking down the wrong street. However, a major mobility is happening across the western world.

Australia has identified that 15% of the people now vote by declaration. In declaration voting they swear and oath. There is no way to get them on the voters list. We do not have the old style days when we went out and updated the voting list so we ensured people were on there.

Even when we have the voting list, it is not up to date. Some people have tried to do a mail-out and have received calls from people, cranky as all heck, because the person no longer lives at that address or they have been divorced for years so why would a Christmas card be sent that address. We know the problems with the electoral list.

I saw that recently in Ontario. My wife and I went to vote and, lo and behold, she was not on the electoral list, and the house is in her name. I do not know how that happened, but people who trusts the computers that generate the Elections Canada lists put themselves in much higher hands than I would.

What we see is a problem of people who go to vote and are suddenly not on the list, or people who have moved to places where they do not know people. At the end of the day, they have a right to vote.

Jim Quail said that there would be 700,000 based on what the Elections Canada officer said. He could have been blowing smoke with these claims, but our job as legislators is to test him, question him and engage him. If we think these numbers are wrong, we have to test them. That is the only way we can bring forward legislation. Nobody was interested in what he had to say because members wanted the vote to be over.

This is the same pattern that happened with the previous bill. We end up in a situation where we have not done the due diligence, where we have not answered the fundamental question of whether this will work. That is what the legislation has to be able to prove. It has to prove it will work and ensure that the people, who have a right to vote, are able to vote. If we have not answered those questions satisfactorily, then we have failed in our jobs.

We certainly failed the job on Bill C-31. The problem with Bill C-18 is this. Having not answered the questions of why students will be disenfranchised, or will 700,000 urban residents be affected and how many of the 150,000 homeless people may not be able to vote, we have a serious problem.

The solution being offered is a one voucher system. At face value, it seems a reasonable solution to have someone vouch for another person. I do not have a problem with the concept, but when we make legislation, we have to establish laws that are applicable in the field.

They always say that the camel was a horse designed by a committee. We have had three and four hump camels coming out of our committees because there is such a distinct lack of reality between what we talk about in committee, which is the reality of politics, and what we see in the field. We are all in this business of politics, so we know what the reality is when we go to the voting booths and how the individual poll clerks identify what is acceptable and what is not.

I know a man in Ontario who has lived in the same rural route his whole life. When he went to vote, he was told he was not on the list. He produced his passport and was told a passport was not an acceptable piece of identification. It would get him into Saudi Arabia, but it would not allow him to vote in Ontario. Is this part of the Ontario elections act or is this how they interpret the act? We see the problems in each of these areas.

At the end of the day, the question is whether it works as a piece of legislation. Say I am a student who leaves Timmins—James Bay to go school at the University of Ottawa. After arriving there, I want to vote because the election is on September 15. When I go to vote, I am told I have to have a person vouch for me. What if my neighbour is not there that day or has already voted, then I have to wait on him or I cannot vote.

The example in a rural area is what if I know two people who moved in, but I am only allowed to vouch for one of them? Vouching, at the end of the day, is not practical so we have to go back to the issue of a declaration. Otherwise, people will continue to be disenfranchised. That is why I believe we have failed to do our job with this bill.

Canada Elections ActGovernment Orders

December 13th, 2007 / 12:35 p.m.
See context

NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I want to assure the member that I have read the list of required identification. I also know that many homeless people simply do not have identification, nor do they have a residence. The list is lovely, but if people do not have the identification, then they do not have it.

I want to come back to the member's statements around fraud. One of the things the New Democrats have talked about is that both bills, Bills C-31 and C-18, were using a sledgehammer on a problem that was virtually non-existent.

According to the Chief Electoral Officer, in 2006 there was one case of fraud in the entire country, in 2004 there were zero cases, and in 2000 there were three cases. If the member is aware of this apparently large amount of fraud happening, I wonder if he has brought it to the attention of the Chief Electoral Officer. According to the Chief Electoral Officer's records, there simply are not that many cases out there.

Canada Elections ActGovernment Orders

December 13th, 2007 / 12:30 p.m.
See context

NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, there are a few items the member raised which need some correction.

He indicated that the New Democrats were opposed to Bill C-31. As it turns out, it was with very good reason. The bill had some serious problems and now we have Bill C-18 in order to fix the problems in Bill C-31. Part of the solution simply does not address some of the concerns that we raised in Bill C-31.

The solution around having the ability to have one person vouch for one potential voter is just not workable. We talked about this in the past. There are a number of homeless people who often have contact with a street worker or case worker and that person will know 10, 15, or 20 people. If those 10, 15, or 20 people have to go out and find 10, 15 or 20 individuals to vouch for them, they simply will lose their opportunity to vote.

In a recent report, Miloon Kothari indicated that the Government of Canada and provincial governments keep very poor statistics on homeless people. His estimate, and many academics feel that this is grossly underrepresented, is that there are least 150,000 homeless people on the streets of Canada.

Is the member saying that 150,000 people in this country simply should not have the right to vote because they cannot find 150,000 people to vouch for them if they do not have appropriate ID?

The second issue that has come up regards first nations. The member for Timmins—James Bay has raised this issue. Many first nations communities are remote and rural communities. Many first nations do not have the required identification. Some band members do not have status cards. There is a long convoluted process. If they lose their status card, they have to reapply to the Department of Indian Affairs to replace it. Sometimes a band council could provide a letter to vouch for someone, but in many cases it is very difficult for people to get the required identification.

Is the member saying it is okay for a minimum of 150,000 people to potentially lose their right to vote? Is he saying it is okay for first nations, who only in the 1960s gained the right to vote in Canada, to be shut out from voting?

Canada Elections ActGovernment Orders

December 13th, 2007 / 12:10 p.m.
See context

Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, it is my pleasure to speak to Bill C-18 on behalf of the Bloc Québécois. The Bloc supports the principle underlying the bill. The House of Commons passed Bill C-31, which modified the Canada Elections Act. The bill was needed to try to address all questions that Quebeckers and Canadians might have about eligibility to vote.

For the past several years, the federal government's way of holding elections made it practically impossible to guarantee beyond a reasonable doubt that voters were who they claimed to be. That is why we needed Bill C-31, which was passed in February 2007. I will summarize the bill because that is what gave rise to Bill C-18. Sometimes, the government comes up with solutions to problems that have been around for decades. Sometimes there are little problems with those solutions. The problem we are trying to fix with Bill C-18 is one of the little problems caused by Bill C-31.

Why did we want to adopt Bill C-31, and what was its purpose? From now on, people wishing to vote in a federal election will have to show government-issued photo identification, such as a driver's license, that shows their name and home address. Voters who do not have photo identification will have to provide two acceptable pieces of identification to establish their identity and their home address. The Chief Electoral Officer is responsible for publishing a list of acceptable pieces of identification that voters can show at the polling station.

I will read that list out shortly. The Chief Electoral Officer released it for the byelections that took place this fall in a number of places, including Quebec. Several types of identification may be used by individuals who do not have government-issued photo identification, such as a driver's license. As I said, voters can present two pieces of identification that appear on the published list.

Potential voters who do not have two acceptable pieces of identification will be required to declare under oath that they are the person they claim to be. They must also be vouched for by a registered elector. The objective of Bill C-31 was simple. It required a government-issued piece of photo ID, such as a driver's licence. Failing that, it required two pieces of ID from the list supplied by the chief electoral officer—I discussed this earlier—which was published during the byelections in Quebec this fall. If a person could not establish his identity, he had to take an oath in the presence of a person who was eligible to vote, who had a piece of ID and who knew the potential voter.

We thought this seemed appropriate and perfectly enforceable. We did not see a problem with doing things this way. Once again, I will provide the list of original pieces of identification that could be presented:

Health card, social insurance number card, birth certificate, driver’s licence, Canadian passport, certificate of Indian status, certificate of Canadian citizenship or citizenship card, credit/debit card with elector name, Canadian Forces identity card, Veterans Affairs Canada health card, employee card issued by employer, old age security identification card, public transportation card, student ID card, library card, liquor identification card, Canadian Blood Services/Héma-Québec card, hospital card, fishing licence, wildlife identification card, hunting licence, firearm acquisition card/firearm possession card, outdoors card and licences, provincial/territorial identification card, Local Community Service Centre card (CLSC).

Other original documents can also be produced, for example, a credit card statement or bank statement, a utility bill such as a residential telephone or cable television bill or an electricity, gas or water bill, a local property tax assessment, a school, college or university report card or transcript, a residential lease, a residential mortgage statement or agreement, a Canada Child Tax Benefit statement, an income statement or income tax assessment notice, an insurance policy, a government cheque or government cheque stub with the elector’s name, a T4E statement of employment insurance benefits, a Canada Pension Plan statement of contributions or old age security statement, a statement of benefits from a provincial workplace health and safety board, a statement of direct deposit for a provincial occupational injury or disability support program, a vehicle ownership or vehicle insurance card, or an attestation of residence issued by the responsible authorities such as shelters, soup kitchens, student or senior residences, long-term care facilities, aboriginal reserves or work camps.

The list of pieces of identification is very long, therefore, and a person must produce two of them if he does not have a government-issued piece of photo ID. It enables electors to find supporting documents almost anywhere, but if they still cannot, they can go to a polling station and take an oath in the presence of someone who knows the person, has met the requirements and already voted.

We thought, therefore, that we had covered everything when Bill C-31 passed. However, there was one little problem. The pieces of identification had to contain the elector’s residential address, and that was the problem. Almost all of us have addresses with a street name and number. However, there is still one situation that I myself saw when I was the mayor of a small town. It was only in the late 1990s that my town, Notre-Dame-de-la-Paix, got street names in order to have numbers. This was a requirement of the Government of Quebec, which was forcing most of the towns and small communities to have street names. It was expensive because we had to get names through the Commission de toponymie, prepare announcements, make poles and signs and so forth. That is why it had never been done.

So the municipalities of Quebec all entered the modern age. However, in a few of them and in some other regions of Canada, there are still no street names. As a result, the residential address of some people is just Rural Route 1, for example, without any street number or anything because there is none.

It was at the time of the byelections in Quebec, if not before, that we noticed that some electors had this kind of address. Although there were not very many, there could be a problem because they did not have a residential address in the prescribed form.

The purpose of Bill C-18, which we are debating today, is simply to allow a person to vote if he or she has two pieces of identification with the same information on them, such as Rural Route 1 or Rural Route 2. The purpose of the bill is simply to take this reality in a number of communities all across Canada into account.

I have some figures here. Elections Canada tells us that there are about 1,012,989 electors who do not have a residential address that meets the requirements of the Canada Elections Act as set forth in Bill C-31.

The list of electors is compiled by the Chief Electoral Officer, who is certainly well aware that some people have always provided an address that consists of a rural route. When the census is taken, people provide addresses which indicate “rural route 1” or “rural route 2,” and the name of municipality. The chief electoral officer has reported that some 1,012,989 electors have such an address.

In Nunavut, for example, 80% of residents do not have a personal address that conforms to the provisions of Bill C-31 that was adopted in February 2007. In Saskatchewan, some 189,000 electors are in that position, which is 27% of all electors; a significant proportion. In Ontario, this condition affects about 150,000 electors. In Newfoundland and Labrador, it amounts to 23% of the electors. In Quebec, the number is 15,836 electors, or 0.27% of the population, who could be faced with this same problem.

When the chief electoral officer recognized this problem, he drew it to attention of the various political parties. The purpose of Bill C-18 is to correct this anomaly. In doing so, those people who live on rural routes or who only have access to postal boxes—whose address might be “post office box 36” or “post office box 267” and the name of the municipality—which is not a residential address under the requirements of Bill C-31, that is to say, including a street number and street name and the rest, may in future present to Elections Canada workers two pieces of identification that prove their address is the same as the address that appears on the list of electors.

That will finally correct the situation of those 1,012,989 electors and it will conform to the new Bill C-31.

What is difficult to understand is the position of the other parties. I say the other parties but there is one party that is opposed to Bill C-18, the New Democratic Party, which was also opposed to Bill C-31. The argument advanced by the NDP is that we should preserve the traditional practice where there was practically no requirement for any piece of identification. In fact, a person did not need any identification in order to vote. It was enough to make a declaration under oath.

Obviously, there have been complaints for decades. Among others, in Quebec, for a long time there has been an angry outcry over this manner of voting in federal elections. In Quebec—I am referring to the province—a bill almost identical in every detail to Bill C-31 was introduced in the National Assembly in February 2007. Quebec had already decided to deal with this voting issue in order to ensure that the people who vote are the people who are entitled to vote. That is simply what it amounts to. It is a case of avoiding electoral fraud and underhanded practices.

It is difficult to understand how the parties of this House did not see this. Indeed, it is possible some people might have some minor problems. We talked about homeless people. We would like to work with all parties to resolve the problem facing people with no address. This is one way of proceeding. One way of resolving this for such individuals involves having them go to vote with another eligible voter, someone who knows them and can vouch for them. We would like to work to resolve this problem, but we cannot throw away an entire system that has been established to prevent fraud, toss it all away and return to archaic voting procedures that made it nearly impossible to confirm the identity of most voters.

Why not tackle a specific problem that affects perhaps a few thousand voters, without returning to the previous system, which, after all, does not guarantee any security, provides many opportunities for fraud against a vast majority of voters, and focus instead on solving a problem that affects a small number of voters?

Today, with Bill C-31, we are resolving a problem that affects a million voters. That is a significant number. We do not understand why the NDP will not support this.

When Bill C-31 was drafted, no one, not even the legislative staff who prepared it for the government, saw the problem posed by rural addresses and post office boxes. It only became apparent in practice. At that time, a bill was introduced to resolve the problem facing people who do not have a residential address that complies with the provisions of Bill C-31.

First of all, I would like those citizens listening to us to realize that their address is not the issue. They all have a residential address, whether it is a post office box, rural route or other, even though they may not have a street number. In Bill C-31, for the purposes of the Election Act, the residential address had to indicate a street number with a street name, rural route, or concession for it to be recognized as a personal address. When we refer to number 2 or 200 or 2250 on a street or concession, we are speaking of a personal address. When we refer to rural route 2 or a post office box, then it is much more difficult to locate the individual. It is not a personal address. In the case of a post office box, the mail is addressed directly to the post office or to a post office box, which is not necessarily located at the property address. The purpose of Bill C-18 was to correct that.

The Bloc Québécois will support this bill. We are on the eve of a federal election, which will probably take place in the spring. We do not want citizens to be denied the right to vote. When voters arrive with their identification, election workers may not allow them to vote because the address on their identification—even if the same as the address recorded on the electoral lists—would not be recognized as a personal address since it does not contain a street number. They could be refused the right to vote under the pretext that the election workers are not sure that they are who they say they are and they would be asked to swear an oath.

There is a problem, however, and the Chief Electoral Officer has pointed it out very clearly. It is all very well that someone who has a residential address can vouch for them. However, when someone lives in an area, such as Nunavut, where 80% of the territory has no addresses in the required format, even our neighbour cannot vouch for us, because our neighbour also cannot vote because his or her address does not meet the requirements of Bill C-31.

This is a fairly significant problem for part of Quebec, where It affects 15,836 electors, but even more so, for 1,019,000 electors across Canada. That is quite a large number. We hope that this bill will pass as quickly as possible. That should be done before the end of this session, if possible, so that the Senate can give it royal assent. That will allow the bill to come into force for the next federal election, which, as I was saying, will not be called much later than the spring budget, in my opinion.

Obviously, given that situation, there is some real urgency. Our electors should not have to face problems when they go to vote. We saw this to a very small extent, and forgive me for repeating myself, in the byelections in Quebec. As I said, those 15,000 electors throughout Quebec who were affected in the byelections held in Quebec this fall, do not amount to very many people. In a general election, however, the problem would affect a million electors, or nearly 4% of the population. That could cause a bit of anxiety in some communities.

We would not want things to be difficult for election workers. It is already not easy to find election workers. They are often people who are donating their time. Although the government may view the remuneration as generous, when we look at the number of hours they spend getting training and working on election day, the money the Chief Electoral Officer pays does not amount to a lot.

As well, if the voters are putting additional pressure on the election workers because they are unhappy that their address, the one they have always had and use every day, does not let them vote because it does not comply with Bill C-31, their wrath is going to be directed at the entire voting system and the entire electoral system, but in particular the election workers. Those workers do not deserve to have problems with electors who might—quite justifiably—complain. They have all their pieces of identification and their bills. We heard the list that I read out earlier. They have always received their hydro bills, their public utility bills or whatever at that address. But when an elector goes to the polling station, they are told that they do not have a individual street number, no personal address, and that, therefore, they have to find some other way of proving that they are in fact the right person. Everyone understands the issue and can probably imagine what this will look like on the ground. I would not want election workers to be put into this situation.

Consequently, I hope that all the parties, including the NDP, will appreciate the urgency, given that a federal election could be triggered as soon as the next budget is brought down. We need to act fast and call on Parliament to pass this bill by the end of the session, so that the Senate can give it royal assent. Then, this bill will be in effect when the next election campaign takes place.

To those who may be wondering whether the Chief Electoral Officer will have enough time to act, I say that there will be no problem, because the addresses are already on the voters lists. These addresses consist of a post office box number in a municipality or a rural route without a house number. Consequently, the Chief Electoral Officer simply has to tell election officials that when someone provides photo identification or two other pieces of identification with an address that matches the address on the voters list, the officials can assume it is the right person.

This will prevent 1,019,000 voters from having problems, causing congestion at some polling stations and making scenes for election officials. I repeat, these election officials are not paid well enough for what they do. Some will say people are never paid well enough. We have to consider the number of hours they put in, all the time they spend on site. They have to arrive early, before the polls open. Now, the polls are open for 12 hours. When the polls close, they have to put in as much time as is needed, because in some places, the election results are close.

Obviously, this will not be the case in Quebec, because the Bloc Québécois is going to sweep the province. But I hope the other areas of Canada do not have to deal with close results.

Canada Elections ActGovernment Orders

December 13th, 2007 / 11:55 a.m.
See context

Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, it is a pleasure for me to stand in the House and speak to this bill at the third reading stage.

Bill C-18, quite frankly, fixes a problem incurred with voting. To provide a bit of context and a brief history of the reason for Bill C-18 coming before the House, it was because the House originally passed Bill C-31 which basically dealt with voter identification.

The intent of Bill C-31 was so that individuals who wished to cast ballots in federal elections would be required to produce identification showing their name and residency. This seemed to me to be a common sense provision because, as we all know, though Canadians have the right to vote, they have to be, number one, Canadian citizens and, number two, reside in the riding in which they wish to cast their ballot.

We wanted to put provisions in place that required individuals to produce identification, verifying that they lived in the ridings in which they wished to cast ballots. That was the genesis of Bill C-31. However, there was a problem. Bill C-31 stated that in determining proof of residency, voters had to prove their residential addresses.

This, of course, was debated in committee. The Chief Electoral Officer of Canada came before committee to analyze the bill. No one in the committee nor the Chief Electoral Officer of Canada recognized the fact that the term “residential address” or “civic address” would in fact exclude a great many Canadians.

Approximately one million Canadians, in fact, do not have residential or civic addresses. These are primarily rural Canadians living in ridings in Canada who would normally be allowed to vote, but instead of having residential addresses have post office boxes or rural route numbers or a land description, which would be their identification of residency.

Bill C-31 inadvertently excluded everyone who did not have a residential address. As I said just a few moments ago, approximately one million rural Canadians were in that category. If people lived in rural Canada, whether it be Saskatchewan, Ontario, British Columbia or Quebec, and had rural route numbers or post office box numbers instead of street addresses, with the passage of Bill C-31 they would be denied their right or ability to vote.

This flaw in Bill C-31 was first discovered in late September, early October, by the office of the Chief Electoral Officer. Following three byelections held in September in Quebec, the Chief Electoral Officer did a review of the voting practices in Quebec during those three byelections and during that examination discovered this flaw in Bill C-31 dealing with residential addresses.

He immediately informed the government, which, in turn, immediately took corrective action and the result is what we have before us today, Bill C-18. It very simply remedies the glitch found in Bill C-31 by stating that any individual who produces proper identification and whose residency information on that identification is consistent with the information on the electoral lists will then be eligible to vote.

In other words, to put it very clearly and graphically, if an individual has a driver's licence that says he or she resides at post office box 123 anywhere in Canada and the electoral list confirms that this individual resides at post office box 123 anywhere in Canada, or to put it another way, if the driver's licence information and the information on the electoral list are consistent, that individual can then vote and that remedied the situation.

That is why we introduced the bill, that is why the bill is before us today and that is why we wish, as a government, to ensure the bill passes and is delivered to the Senate today. We hope then that our friends in the Senate will pass it quickly and give it royal assent before the end of this calendar year.

The urgency is that there may be byelections or a general election very soon in the new year. No one knows the certainty of a general election, but we do know byelections will have to be called before the end of this month. We want to ensure that all Canadians in rural Canada, who had been disenfranchised inadvertently, are now back on the voters list, that they have the eligibility requirements correct and that they will be able to cast ballots.

I know almost all parties in the House, almost all members in the House, support this legislation. The exception being some members of the New Democratic Party. I find it interesting that their opposition is not really with Bill C-18, but with Bill C-31.

During debate and during committee examination of Bill C-31, the NDP primarily was concerned that many Canadians could potentially be disenfranchised because of the identification requirements contained in the bill. Specifically, the NDP was concerned because of the homeless. Many homeless people, perhaps the vast majority of them, do not possess identification. This was a legitimate concern raised by the members of the NDP. Their solution to that was quite simply that identification requirements contained in Bill C-31 should be eliminated, that people who did not possess proper identification as to proof of identity and residence should still be allowed to vote if they signed an oath or some kind of a declaration at a various polling station on voting day.

While I recognize there will be some individuals in the category of the homeless or maybe other transient individuals who do not have proper identification, the committee determined in its wisdom, and I supported this decision, that the public interest was best served if individuals were required to produce identification.

I believe it is a common sense approach. After all, if people cannot identify themselves, if they cannot prove they actually live in a particular riding, why then should they be allowed to vote? We were concerned about voter fraud. In fact, Bill C-31 was called the voter integrity bill. It was merely intended to ensure the integrity of the voting system, so everyone who wished to vote in a particular riding across Canada would have to demonstrate they actually resided in that riding. I think that is a reasonable approach to take. Hence, Bill C-31 was passed.

The opposition to Bill C-18 from my colleagues in the NDP has really nothing to do with Bill C-18. It goes back to their opposition to Bill C-31. Up to this point, they have been trying to, in my opinion, unduly delay passage of Bill C-18 because of their opposition to the provisions contained in Bill C-31.

However, I am very pleased to see Bill C-18 before us today. I believe we will see passage of this very important bill later today. I also hope, as I mentioned a few moments ago, that our friends and colleagues in the Senate, in their wisdom, will give speedy passage to Bill C-18.

I will reiterate that the bill was brought forward as a corrective measure to ensure that rural Canadians, who had been inadvertently disenfranchised by the provisions contained in Bill C-31, were dealt with in an appropriate manner to ensure they would have the ability to vote in the next general election.

There is nothing more complicated than that. There is nothing more detailed than that. It is merely a simple bill designed to correct an inequity that occurred.

In dealing with the bill in an expeditious manner, as we have, we have demonstrated that Parliament and the committee system within Parliament can work when all members determine that partisan interests should be set aside and the greater good be addressed. Even though there have been disagreements at committee, and I am sure we will still see disagreements to some extent in the debate today, at the end of the day objections will have been duly noted but the bill will pass and for good reason.

I do not want to stand in the House and say that a wrong was not corrected. We have the ability to correct, but we chose not to for whatever reasons. I believe most Canadians would vehemently disagree with that.

While Bill C-18 perhaps should not have been necessary, it was done so to correct an unintended consequence as a result of the passage of Bill C-31.

The House proceeded to the consideration of Bill C-18, An Act to amend the Canada Elections Act (verification of residence), as reported (without amendment) from the committee.

Business of the HouseRoutine Proceedings

December 13th, 2007 / 10:10 a.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, pursuant to Standing Order 56.1, I move:

That, notwithstanding any Standing Order or usual practices of the House, the notice requirement to call Bill C-18 for debate today shall be waived; when the House adjourns today, and provided Bill C-18 and Bill S-2 have been read a third time and passed, it shall stand adjourned until Monday, January 28, 2008, provided that, for the purposes of Standing Order 28, it shall be deemed to have sat on Thursday, December 13 and Friday, December 14, 2007; and if Bill C-18 and Bill S-2 are not completed before the end of government orders, the House shall sit beyond the ordinary hour of daily adjournment for that purpose and shall not be adjourned except pursuant to a motion proposed by a minister of the Crown.

Citizenship and ImmigrationCommittees of the HouseRoutine Proceedings

December 13th, 2007 / 10:10 a.m.
See context

Conservative

Peter Van Loan Conservative York—Simcoe, ON

Mr. Speaker, I rise on a point of order. I seek the unanimous consent of the House for the following motion: That, notwithstanding any Standing Order or usual practices of the House, the notice requirement to call Bill C-18 for debate today shall be waived; when the House adjourns today, and provided Bill C-18 and Bill S-2 have been read a third time and passed, it shall stand adjourned until Monday, January 28, 2008, provided that, for the purposes of Standing Order 28, it shall be deemed to have sat on Thursday, December 13 and Friday, December 14, 2007; and if Bill C-18 and Bill S-2 are not completed before the end of government orders, the House shall sit beyond the ordinary hour of daily adjournment for that purpose and shall not be adjourned except pursuant to a motion proposed by a minister of the Crown.

Procedure and House AffairsCommittees of the HouseRoutine Proceedings

December 12th, 2007 / 3:35 p.m.
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Conservative

Gary Goodyear Conservative Cambridge, ON

Mr. Speaker, I have the honour to present, in both official languages, the seventh report of the Standing Committee on Procedure and House Affairs regarding its order of reference of November 16. Your committee has considered Bill C-18, An Act to amend the Canada Elections Act (verification of residence) and reports the bill without amendments.

Budget and Economic Statement Implementation Act, 2007Government Orders

December 11th, 2007 / 5:05 p.m.
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Conservative

Gary Goodyear Conservative Cambridge, ON

Mr. Speaker, I would like to table a report today to Your Honour to consider Bill C-18, the verification—

December 11th, 2007 / 12:15 p.m.
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Conservative

The Chair Conservative Gary Goodyear

Colleagues, let's resume our meeting.

Pursuant to the order of reference of Friday, November 16, 2007, the committee will now move to clause-by-clause consideration of Bill C-18, An Act to amend the Canada Elections Act (verification of residence).

In front of you, colleagues, you should have a copy of the bill as well as amendments that were in fact handed in. We will go through this in the usual fashion.

(Clause 1 agreed to)

(On clause 2)

December 11th, 2007 / 12:10 p.m.
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Conservative

The Chair Conservative Gary Goodyear

Colleagues, are there any further questions for the witnesses?

Witnesses, first of all, let me apologize to you. It appears you were not told specifically enough, and my apologies on behalf of all members of the committee. In future we will make sure that witnesses who are invited are briefed better about the relevance of the issue before us.

We look forward to hearing from you again in the future when we deal with other aspects of the subject matter. But we certainly appreciate the information you have given to us, or attempted to give to us, on Bill C-18.

At this point, seeing no further questions from the members, I will thank you again, with the compliments of the committee. We appreciate your coming back again. You're dismissed.

Colleagues, we now have the option to move to clause-by-clause, which I believe is what the committee adopted as the first point, if that's the will of the committee. Do I see nods?

Okay. I will give members a few moments to get their bills out.

December 11th, 2007 / 12:10 p.m.
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Conservative

The Chair Conservative Gary Goodyear

Thank you very much, Mr. Angus. I don't see what that has to do with Bill C-18. You can talk to me about that after. If it has relevance, I'll put you in touch....

December 11th, 2007 / 12:10 p.m.
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Conservative

The Chair Conservative Gary Goodyear

Let's be even more open.

Are there any more questions about Bill C-18 for our witnesses?

Mr. Angus, I will offer you the mike, but I'm going to hold you to relevance.

December 11th, 2007 / 12:05 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Madame Bradford, I'd like to ask you about vouching. That's being touted as the solution for people who, for whatever reason, do not appear on the voters list and slip through the cracks. Will the issue of vouching suffice? Do we need to go to a simpler amendment, in the case where someone does not meet the necessary requirement but is willing to swear an oath? Would that address concerns about Bill C-18?

December 11th, 2007 / 12:05 p.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Thank you.

Mr. Boyko, I was interested in your perspective. We had a lot of conversation here about how we all want to encourage young people to vote. Everybody's patting themselves on the back about how much they love students and can't understand why students won't vote.

It seems to me that Bill C-18 speaks specifically to the problems students have in voting. The scenario that's being put forward is simply rural addresses. However, many people are not on the voters list, or should be on the voters list, so the question is of being able to vouch because you're not found there with proper presentation. You are saying that tens of thousands of students are not going to be able to vote. Do you believe this issue of vouching in any way, having one person appear to vouch, will address that issue?

December 11th, 2007 / noon
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Liberal

Marcel Proulx Liberal Hull—Aylmer, QC

That gentleman just agreed with my point: Bill C-18 is strictly for one situation, and that's the only thing we are looking at under Bill C-18.

Thank you.

December 11th, 2007 / noon
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Liberal

Marcel Proulx Liberal Hull—Aylmer, QC

Thank you, Mr. Chairman.

Contrary to what my colleague, Mr. Angus, has said, it is not that the other parties are not interested. We gave Mr. Angus the opportunity to explain to us what the witnesses wanted to tell us. So I have a question for all the witnesses.

The first clause of Bill C-18 reads as follows:1. Section 143 of the Canada Elections Act is amended by adding the following after subsection (3):

If I may, Mr. Chairman, I will read the following clause in English because I want it to be understood.

So section 3.1 reads as follows:

If the address contained in the piece or pieces of identification provided under subsection (2) or paragraph (3)(a) 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.

Correct me if I'm wrong, ladies and gentlemen, witnesses, but my understanding of Bill C-18 is that we are looking strictly at the situation whereby somebody who is already appearing on the list of electors has a problem voting because their pieces of identification do not necessarily correspond to what's on the electors list.

So you may be talking about people who are not on the electors list who would want to be on the electors list. But that's not the point of Bill C-18. I think you're knocking on the wrong door. I think Bill C-18 is strictly with regard to, and again I quote, the phrase “related to the elector that appears on the list of electors”.

So you would you please tell me how you can manage talking and wishing for something else?

Thank you, Mr. Chairman.

December 11th, 2007 / 11:55 a.m.
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James (Jim) Quail

Yes. This bill, C-18, and actually I thought I was addressing it in my comments, deals with fixing one of the problems that was created by Bill C-31, and that is the rural voters. That's a very serious problem, and as I said, it's good to see that Parliament is doing something to fix that bit. It's like a coat full of tatters and there's one big patch being put on it.

This does nothing, though, for the people whose problem is not that their address isn't a civic address; it doesn't deal with the problem of people who don't have an address. It doesn't deal with the problem of people who don't have documentation. I'm assuming that Parliament introduced this bill in order to fix the problems created by Bill C-31, and my advice to the committee is it fixes a part of the problem, but there's still a lot of work to do.

If the real concern is that there be adequate identification of voters, there's a simple solution that doesn't require 700,000 people. A whole host of circumstances are going to disenfranchise people: people who are homeless, seniors who no longer have driver's licences or other necessary identification, people who have moved recently and their identification doesn't square with their address.

We filed a very large body of evidence with our petition to the court, and I commend that to anybody who wants to study it in detail. There's a big problem still left behind in spite of this bill.

December 11th, 2007 / 11:50 a.m.
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NDP

Charlie Angus NDP Timmins—James Bay, ON

Thank you.

Well, I find this a fascinating example of how dysfunctional this committee and this Parliament has been. Bill C-31 was a flawed bill; it was an embarrassing bill. This government has had to bring it back twice now to fix it. So C-18 is not simply a rural issue; it is a bill to address residential addresses.

We find we had this committee try to get this bill through without even asking any witnesses. They didn't want any recommendations as to why they had blown the bill so badly in the first place. So now we see this morning we have three parties that aren't even interested in asking any questions. I find this amazing, given the fact that one million rural voters were disenfranchised by this bill. Now we hear that 700,000 urban voters might not be able to vote, but that doesn't seem to have been an issue for anybody around this table.

I would like to say, for the record, that what I found in the pettiness and the myopic partisanship of this committee really speaks to what has happened with the voting bill. Bill C-31 was set up as a problem looking for a solution, a solution looking for a problem. Bill C-18 is an attempt to fix the mistakes that were made.

The other day, just to show you the extent of myopic views that we have on this committee, they wanted unanimous consent to get Bill C-18 through without any witnesses, without any discussion. I said we have to do due diligence. As legislators, our job is to do due diligence.

At the time, my good friend Mr. Lukiwski thanked me for not putting it through because he said it would give his party the opportunity to run 10% attack ads in Saskatchewan against the NDP. For what, I'm not sure. I suppose it's because we're doing our job.

So I'd like to begin my questioning.

Mr. Quail, you say that 700,000 urban residents will potentially not be able to vote because of this bill. Could you elaborate on that, because you are saying this is different from the one million voters whom this government has already booted out the door with their mistake?

December 11th, 2007 / 11:50 a.m.
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Conservative

The Chair Conservative Gary Goodyear

That's not a point of order; that's debate.

Could we have the microphone of the member shut off, please?

With all due respect to the witnesses, the issue turns out that we appreciate your being prepared for this committee. However, to help the committee do its work, we ask for testimony on specific subjects. Those subjects change from time to time as legislation comes before us, is passed, is modified, and so on. At that time we will invite you back again to help us make decisions on those.

We're not here today to solve the problems of the past. That bill was passed. We're here to talk about this verification of rural addresses.

I appreciate the witnesses' opening statements. We do have some time for questions. We'll open it for questions, but I will warn members that we're trying to get Bill C-18 through. We'll have all kinds of time for all these other issues. Let's not use every opportunity to run an agenda. Let's stick with Bill C-18. We'll be back on that agenda.

The first round of questions is seven minutes long. Are there any members who wish to speak to it?

Mr. Angus, seven minutes, please.

December 11th, 2007 / 11:50 a.m.
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Murray Mollard Executive Director, B.C. Civil Liberties Association

Thank you.

My name is Murray Mollard. I'm a lawyer and the executive director of the B.C. Civil Liberties Association in Vancouver.

We don't have very much time, and I'm going to keep my remarks very short. I have had the opportunity of appearing before a variety of committees in the time I've worked at the B.C. Civil Liberties Association, which is over 12 or 13 years now, and I've never had such short notice to be called as a witness as on this bill.

I am very concerned that this bill appears to be a very quick job, whereby Parliament is attempting to rectify a problem that was created by Bill C-31. We testified over a year ago, and we've been asked to testify again. I think the things we're wanting to say today, along with some of the other witnesses, are really about problems that we identified with Bill C-31 in the first place. There are various groups of voters who wish to vote and would like to vote but aren't going to be able to effectively vote because of the combination of Bill C-31...which really hasn't been rectified by Bill C-18.

I think for you as a parliamentary committee concerned with the issue of voting, the big question or the big concern we have heard with respect to the amendments to the Canada Elections Act is that there's a real concern about fraud. We still have to see any real evidence as to whether this fraud is a real problem or not, and certainly that is going to be an issue for us.

December 11th, 2007 / 11:45 a.m.
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James Jim) Quail (Executive Director, British Columbia Public Interest Advocacy Centre

Last winter Mr. Kingsley predicted that some 5% of voters would have difficulty casting ballots because of Bill C-31. That estimate was extrapolated from the experience of urban voters in Toronto municipal elections. Some 14 million Canadians voted in the last general parliamentary election, so 5% of that number is about 700,000.

Bill C-18 addresses a different problem, that of rural voters without assigned civic street addresses. In the public discussion accompanying the introduction of Bill C-18, we heard estimates that about one million rural voters could be affected by this problem. That million voters is a different group from the 700,000 urban voters Mr. Kingsley has warned us about.

Bill C-18 would fix a part of the problem created by Bill C-31, but only a part of it. If a voter without a street address or a post office box collects mail from general delivery in the Spuzzum post office and brings a hydro bill to the polls as one of their documents, according to Bill C-18 they will now be able to vote. An identically situated voter who does not use general delivery will not be allowed to vote.

If anyone can explain how it furthers the cause of confirming voters' qualification to have people prove that they use a post office box or a general delivery slot in a post office, I would be fascinated to hear about it. There is a word for a rule that makes a distinction in voting rights based on that kind of scenario. In my respectful submission, that word is “silly”.

After Bill C-18 there would remain distinctions that are a lot worse than silly. Parliament will still have disenfranchised homeless people. It is a result akin to reintroducing the concept of a property qualification for elections. Bill C-18 does nothing to resolve any of the problems created by Bill C-31, except to assist some rural voters who would otherwise lose the ability to vote. They would still have to jump through all of the other hurdles put in place by Bill C-31.

The most sensible solution is to repeal all of the new voter documentation rules that were introduced by Bill C-31.

By the way, I filed a petition in the B.C. Supreme Court seeking that the court do that, but I would suggest that Parliament undertake it itself.

Alternatively, Parliament should provide for a declaration and a prescribed form, which would be available in all polling places, rural and urban, for voters to attest who they are. That would be a far better proof of entitlement to vote than the production of a utility bill or a driver's licence.

It is gratifying to see that Parliament has recognized that Bill C-31 was off target and is taking steps to resolve at least part of the problem. I hope you will complete that job and ensure that every Canadian citizen has an opportunity to exercise their democratic rights in the next election.

Thank you.

December 11th, 2007 / 11:45 a.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Yes. I didn't want to interrupt the witness, but I point back to your earliest observations about relevancy. We're dealing with Bill C-18, which merely states that anyone who has a non-civic address, if that same address appears in the voters list, should be allowed to vote. That's all we're talking about; it's a very simple bill.

The complexities the witnesses are bringing forward go far beyond what we're dealing with in Bill C-18. I think we have to come back to Bill C-18.

December 11th, 2007 / 11:40 a.m.
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Ian Boyko Government Relations Coordinator, Canadian Federation of Students

My name is Ian Boyko. I'm the government relations coordinator for the Canadian Federation of Students, which unites approximately half a million students at colleges and universities from coast to coast in all 10 provinces.

I'm going to abandon my remarks today, because two minutes isn't enough to even touch on some of the things we have concerns with.

What I will flag for the committee is that my members are having great difficulty understanding the rush that was involved with Bill C-31 in the spring and now the rush that's involved with Bill C-18 today, when there are so many flaws in the Elections Act that prevent students and those with transient addresses from registering to vote.

I welcome your questions, specifically with respect to proof of identity and residence and the provisions for vouching, which will ensure that tens of thousands of students won't be able to meet the Elections Act requirements in the upcoming federal election.

As I said, we have serious concerns about the way students are being alienated from this process and why there is the rush on rural voters and not the rush on other very important voting populations who were ignored in Bill C-31 and are also ignored in Bill C-18.

December 11th, 2007 / 11:35 a.m.
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Naresh Raghubeer Executive Director, Canadian Coalition for Democracies

Mr. Chairman, members of the committee, good morning. My name is Naresh Raghubeer, and I am executive director of the Canadian Coalition for Democracies, CCD for short. I appear before you today on behalf of my organization.

We at the Canadian Coalition for Democracies--a non-partisan, multi-ethnic, multi-religious organization of concerned Canadians dedicated to human rights, national security, and the promotion of democracy--are concerned that provisions enacted by Bill C-18 may make the system of voting more susceptible to abuse. Consider the federal government's 1997 study A History of the Vote in Canada. It says, “Evolution of the right to vote was neither consistent nor ordered...rather, it evolved haphazardly, with the franchise expanding and contracting numerous times.” Today's parliamentary committee hearings serve further evidence that electoral matters continue to evolve, and not always in the most predictable of ways. The quest for accommodation, partly reasonable and partly unreasonable, is raising concerns.

First, CCD is concerned by the government's decision to “permit a voter to vouch for another voter where the acceptable identification of the former lacks a civic address”. Taking the government's suggestion to its logical conclusion, we may very soon be seeing on election day a potential voter dressed in a full burka vouching for another voter clad in a burka. While this may not trouble some members of committee who have already voiced their support for--

December 11th, 2007 / 11:30 a.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Thank you, Chair, and thank you, Monsieur Guimond.

What I had been suggesting is that, if possible, we deal with clause-by-clause on Bill C-18 today. I'm not sure how all opposition parties would view this, but if we were able to get clause-by-clause done by today, I would then ask for unanimous consent in the House to report it back to the House today, which would allow us to debate Bill C-18 on Thursday. If we were able to conclude debate on Thursday, we could vote Thursday evening. In that way, Bill C-18 could be referred to the Senate before we rise for Christmas. If we cannot accomplish that, then Bill C-18 will not become law, will not be granted royal assent, until the new year.

My concern is, again, that because of pending elections, we may be in a situation where Bill C-18 is not a law before a byelection or a general election. That's why I'd like to get it done today, if possible, rather than wait until Thursday.

If we wait until Thursday, Michel, this bill will not be given royal assent until sometime in the new year, perhaps as late as February.

December 11th, 2007 / 11:30 a.m.
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Bloc

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

I am asking for unanimous consent regarding what you discussed with Ms. Picard, and your proposal, Tom, through you, Mr. Chairman, that we finish hearing witnesses on C-18 and then immediately move to Ms. Picard's item, and that we do Bill C-18 clause-by-clause consideration on Thursday morning.

I have checked with my Liberal colleagues and my NDP colleague; they agree with your proposal, Mr. Lukiwski. On behalf of the Bloc Québécois, I have announced that we would support having Bill C-18 sent to the Senate as quickly as possible for consideration there.

December 11th, 2007 / 11:30 a.m.
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Bloc

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

I have a point of order.

I am sorry to interrupt you. Given the delay in getting started, I think that you will find unanimous consent to... It is unfortunate that Mr. Lukiwski has not arrived yet. He had discussions with us, and we agreed with our NDP colleagues and the Liberals that we could finish hearing witnesses today and deal with Ms. Picard's item, and then do clause-by-clause study on Thursday.

As far as we are concerned, I can tell you immediately, Mr. Chairman, that if the government were to present a motion to have Bill C-18 sent to the Senate as quickly as possible, the Bloc Québécois would support it.

I am asking for unanimous consent. Mr. Reid may not be aware of this, but it is what Mr. Lukiwski has proposed.

I have unanimous consent with regard to what you suggest. I hope you will be okay with that.

December 11th, 2007 / 11:30 a.m.
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Conservative

The Chair Conservative Gary Goodyear

Ladies and gentlemen, let's bring our meeting to order.

First, I want to apologize briefly—simply because we're running a little short on time—for starting late this morning. We had some business in the chamber that had to be attended to. So we're starting right away, following a vote in the House, pursuant to the committee's order of reference of Friday, November 16, 2007, on Bill C-18, an act to amend the Canada Elections Act, in regard to verification of residence.

During the second hour of this meeting we're going to begin discussions and consideration of the first report of the Subcommittee on Private Members' Business regarding Bill C-482.

Colleagues, this morning we have a number of witnesses. We have two witnesses here in the room with us, as well as three by video conference.

To the witnesses, in a moment's time I'm going to give you each no more than two minutes to introduce yourself and, if you choose, provide us with an opening statement. That will allow members more time to ask questions that are very specific to their needs.

I want to remind members and witnesses that we have been dealing with a few bills that are very similar. I'm going to listen very carefully and try to keep us on topic and relevant to the topic this morning, which is the rural address identification and verification issue.

Business of the HouseOral Questions

December 6th, 2007 / 3 p.m.
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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, 2007 has been a great year for Canada and a great year for the House of Commons.

Next week is the last week of the fall sitting and the last week before the new year. The sitting and the year have been extremely successful for the federal government, as we have introduced legislation in all of our priority areas and have delivered results for Canadians.

However, since we have only a few sitting days remaining this year to address important tax cuts, security issues and other priority bills still pending, Canadians are expecting us to work very hard in the coming days to produce results for them.

We want to see our priority bills passed in this House and sent to the Senate so that they may become law before Christmas. As a result, next week will be 2007, a year of results week.

We plan to build on our past achievements by debating and passing the budget implementation bill, which would lower taxes for all Canadians by reducing the GST to 5%, as well as by bringing in tax cuts for individuals and corporations.

We will debate Bill S-2, An Act to amend the Canada-United States Tax Convention Act, 1984, which must be passed by Parliament before January 1 to ensure that it is implemented and we can benefit from that.

We will also debate our railway transportation bill, Bill C-8, and our bill on the settlement of international investment disputes, Bill C-9. Both bills will help create jobs and provide economic certainty for Canadians.

Our government will continue to show Canadians that we are serious about tackling crime and strengthening the security of Canadians. Next week, we expect that our security certificates bill, Bill C-3, will be reported back from committee. The bill will then be debated at report stage and third reading. We hope the hon. members of the House understand the importance of passing this legislation so that it may be considered and passed by the Senate before the deadline imposed by the Supreme Court.

We will debate any amendments made to our Bill C-13 on criminal procedure, currently being examined by the Senate.

Speaking of the Senate, the government hopes that the tackling violent crime act will pass the Senate so Canadians can feel safer over the Christmas holidays knowing that the bill has been enacted into law.

Canadians also expect their institutions to be more accountable and democratic. We have built a record of results on this file as well, with the passage of the Federal Accountability Act and Bill C-31 to improve the integrity of the voting process. Next week we will continue with our plans in this area by debating Bill C-29, which closes a loophole in our campaign financing laws that Liberal leadership candidates used to bypass campaign contribution limits last year.

We would also like Bill C-6, on the visual identification of voters, and Bill C-18, on the verification of residence, to be sent back by committee. It is important for these bills to become law, so that they can be implemented in time for the next byelections.

Tomorrow I will also seek consent to send Bill C-30, the specific land claims bill, to committee. This bill to create certainty and allow land claims to be resolved more quickly is a welcome addition and the country will be better off the sooner its process is put in place.

This year, 2007, has been an excellent year for Canada. Our economy is booming, the country is united and there is integrity in government.

We have achieved a lot this year. Our government has delivered real results for Canadians in 2007 and will continue to do so next week and in the new year.

December 6th, 2007 / 1:05 p.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Before everybody scoots off here, this would require unanimous consent. I'm not sure it will get it, but it's merely to take up a kind offer that Madam Redman made when she said she wanted to deal with Bill C-18, on rural voting, expeditiously. If there's unanimous consent from this committee to pass that bill at all three stages, we could report it back to the House. I'm not talking about Bill C-6, on veiled voting. I know there's going to be lots of debate on that. I'm just talking about the rural voting, Bill C-18.

But we would need unanimous consent to be able to do that.

December 6th, 2007 / 12:05 p.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

It is, and in response to Marcel and Charlie, I don't know about my colleagues, but I'm not trying to filibuster this, because I want to get to Bill C-6 and Bill C-18.

For the benefit of all members--and I know Pierre and Karen would know this--my minister wanted to make sure I informed everybody that Bill C-6 and Bill C-18 are priorities for our government. We want to get them passed before we rise for the break, because there could be byelections coming up. I certainly don't want to unduly delay this thing here--

December 4th, 2007 / 12:55 p.m.
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Conservative

The Chair Conservative Gary Goodyear

Mr. Reid, I apologize for interrupting, but I have to respect members' agendas.

Colleagues, the subcommittee on code of ethics will be meeting on Thursday, 9:30 a.m. to 11 a.m., regarding the disclosure forms. That's just a reminder. That is just before the main committee's meeting at 11 o'clock.

As the committee agreed last week, I will need a list of potential witnesses for Bill C-6 and Bill C-18. If it's at all possible to have any lists in by Thursday at 9 a.m., that would be very helpful for our clerks.

The committee agreed last Thursday to proceed to clause-by-clause consideration of Bill C-16 on Thursday, December 6, which is our next meeting. I'm just being informed that we have all party amendments, so that's fantastic. We will therefore proceed to clause-by-clause of Bill C-16 on Thursday, failing any other motions to go in a different direction.

Ms. Redman, please.

December 4th, 2007 / 12:25 p.m.
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Conservative

Pierre Lemieux Conservative Glengarry—Prescott—Russell, ON

Thank you, Chair.

I want to pick up on something my colleague Mr. Lukiwski spoke about, and that was priorities for the committee. We did agree that legislation would take priority.

We've heard from witnesses, including the Chief Electoral Officer. We're basically ready to move. We're not done with legislation until it moves out of committee and back to the House.

I understand what Ms. Redman is trying to do in terms of putting pressure on accepting the report so we can move on with Bill C-18, but I don't think that does justice to the voters of Canada.

There's a problem regarding Bill C-18, which is well recognized amongst all the parties, that we're trying to fix. We're at the point where we can move it out of the committee in probably three minutes. Instead, a secondary issue is taking a primary spot and bumping key legislation that will have an impact in any upcoming byelections. To me, that's just not acceptable.

Actually, I'm quite surprised that she has tabled the motion in this manner and that we're continuing to debate it. The priority has to be legislation. We owe that to Parliament; we actually owe that to Canadians. I think it's poor judgment to switch the order around like that.

December 4th, 2007 / 12:25 p.m.
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Bloc

Pauline Picard Bloc Drummond, QC

Yes. I am in agreement that Bill C-18 be voted upon as quickly as possible, but we did have our priority. We should begin by tabling the first report of the sub-committee on agenda and procedure.

December 4th, 2007 / 12:20 p.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

If Madam Redman doesn't see it as friendly, then that's fine.

But in underscoring much of what Mr. Epp has said, hopefully Bill C-18 is one we all agree with. We've heard from Monsieur Mayrand. He suggests that Bill C-18, as presented, will fix whatever problems and unintended consequences came out of the old Bill C-31. It appears we have unanimity around this committee, so I think we could dispense with that fairly quickly.

I will add that we've all agreed that legislation should take priority. This is legislation, so let's deal with this and get this out of the way.

There will obviously be some debate on Madam Redman's motion. We also have two subamendments to that motion, so that could take a bit of time. Let's dispense with the legislation first and get it to the House as quickly as possible. That shouldn't take more than a few moments. Then we can go back to Madam Redman's motion. We have plenty of time. We have 35 minutes. We can do that very quickly.

December 4th, 2007 / 12:20 p.m.
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Liberal

Karen Redman Liberal Kitchener Centre, ON

Thank you.

I would think that the steering committee report itself should not take very long to pass--all we're agreeing to is to have more meetings--at which point we can discuss the substance of the motion. This is not suggesting that we're dispensing with the motion; we're merely organizing additional committees, which the steering committee brought to this committee. That's a subcommittee of all parties being represented. Past experience has shown that procedural things can sometimes take a long time in this committee. Dispensing with the steering committee report to have additional meetings so we could have a fulsome discussion on other topics that may be a bit more contentious than Bill C-18 is in order.

I concur that Bill C-18 is an important bill and should be expeditiously dealt with. However, I don't see the amendment as in any way friendly. I see it as reversing the actual intent of my motion.

December 4th, 2007 / 12:20 p.m.
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Conservative

Ken Epp Conservative Edmonton—Sherwood Park, AB

Yes. I think, Mr. Chairman, that it would be advisable to do the Bill C-18 business first, for the very simple reason that we don't know when there's going to be an election, and it would really be good if this had passed through all stages, including going on to the Senate, before there was an election called. I think this is a non-partisan issue in the sense that we all want people to be able to vote and to vote legally and within the rules that are set out by this committee.

It's my understanding, Mr. Chair, that the actual dealing with the issue on Bill C-18 is not necessarily going to be very time-consuming, because we've heard the witnesses, and most people here, I think, have an opinion on where that should stand. I think it would be eminently wise of this committee to not hold that legislation up and prevent it from being debated in the House and carried through with that stage.

I would strongly recommend to my colleagues on this committee, of which I've become a sort of semi-permanent part here, that we proceed in that way. So I speak very strongly in favour of the amendment to do Bill C-18 first.

December 4th, 2007 / 12:20 p.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Well, hopefully it would be a friendly amendment, and that is to follow up basically with your suggestion to reverse the order, to ask for concurrence of this Bill C-18, and then immediately go to the report on the steering committee.

December 4th, 2007 / 12:20 p.m.
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Liberal

Karen Redman Liberal Kitchener Centre, ON

Chair, I move that this committee immediately proceed to the consideration of the report from the steering committee, and after that has been dispensed with, move to concurrence in Bill C-18, and that that report be reported back to the House forthwith.

December 4th, 2007 / 12:15 p.m.
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Conservative

The Chair Conservative Gary Goodyear

Okay. It might be more expeditious to move that the opposite way and deal with Bill C-18 first. However, the motion is there. It's a debatable motion.

What I could do is maybe ask colleagues if they need the witnesses any further, and if we do not, then I can certainly....

Thank you very much, colleagues. Seeing that there are no questions, on behalf of the committee, let me thank our witnesses, Monsieur Mayrand and his team, once again for being so well prepared and helping us make the decisions that we have to make. We appreciate your being here, and we can dismiss you at this point.

We have a motion on the floor.

Madam Redman, just so that it's your wording and not mine, could you read into the record what you would suspect to be the wording of your motion and then we'll proceed.

December 4th, 2007 / 12:15 p.m.
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Conservative

The Chair Conservative Gary Goodyear

So there's a motion on the floor that we stop this business, move back to the steering committee report, and then come back to Bill C-18. Is that it?

December 4th, 2007 / 12:15 p.m.
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Liberal

Karen Redman Liberal Kitchener Centre, ON

Thank you, and I'd like to thank the witnesses for coming.

My suggestion was going to be that after we've dispensed with the witnesses, Mr. Chair, we have the first report on the steering committee, which apparently we haven't dealt with. So after we've dealt with that, perhaps we could go to dealing expeditiously with Bill C-18. My understanding is that Monsieur Mayrand has really answered the only question anybody had, and we certainly want to see this unintended consequence of our previous bill corrected. So I suggest that after dealing with the steering committee report we move to concurrence and report back to the House supporting Bill C-18.

December 4th, 2007 / 12:15 p.m.
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Conservative

Ken Epp Conservative Edmonton—Sherwood Park, AB

Thank you.

Then this is my final question, Mr. Chair, with respect to Bill C-18.

Am I correct in reading your notes--because I didn't hear your actual presentation, but I am scanning the notes--that you feel that the issues you identified are properly and fully addressed in Bill C-18?

December 4th, 2007 / 12:10 p.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

That's fine.

Again it goes back to enumeration here. I'm not sure if this is not dealing necessarily with Bill C-18 and disenfranchisement, but we talked about enumeration perhaps not being the best solution because people don't answer their doors, they respect their privacy, and the like.

Currently the situation is that when you file your income tax return, there's a voluntary checkoff box to allow you to indicate whether you want your name placed on a permanent voters list. Am I correct? I'm not sure whether we could do this or make this into law, but if that were a mandatory requirement, how much benefit do you think it would be? I know there are people, frankly, who on advice of accountants or whatever just don't check off that box. If everyone who filed an income tax return were required to check it off so their names could then be placed on a list, would it solve anything?

December 4th, 2007 / 12:05 p.m.
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Chief Electoral Officer, Office of the Chief Electoral Officer

Marc Mayrand

That's another part of the problem, if you'll allow me.

There are a million electors who don't have what we generally understand as a civic address. We also have other electors who have a civic address but use a mailing address. They have all sorts of reasons. Bill C-18 will deal with both groups, allowing them to use their mailing addresses to establish their residences because of the correlation we can make to the list of electors.

With respect to enumeration, again I'm not sure it would necessarily be a fix to this problem, because it's the non-existence of civic addressing that is the problem. That having been said, we do enumeration in high-mobility areas and in those remote areas where, again, there's difficulty from time to time. In that regard, I invite candidates to help us define the areas where we should be doing more enumeration. We do that very early in the campaign, so we're getting input from parties and candidates as to where they think we should focus our enumeration efforts.

December 4th, 2007 / noon
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Chief Electoral Officer, Office of the Chief Electoral Officer

Marc Mayrand

Without reiterating my earlier response, I think there are important distinctions here that would apply. First of all, any adaptation here would be to facilitate the right to vote, not to restrict it. So that's one of the main considerations here. My preference is still to see Parliament adapt the legislation, hopefully as tabled, but again I understand we have a minority government, and we have byelections that can be called at any time. Some of them will have to be called in the next few months.

Again, even though my preference is to see Parliament adapt the bill, I will have to consider adaptation if the bill has not been enacted prior to an upcoming byelection or general election. I must say that any adaptation would be billed along Bill C-18, so the solution would be around what is being proposed in Bill C-18.

December 4th, 2007 / 11:55 a.m.
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Chief Electoral Officer, Office of the Chief Electoral Officer

Marc Mayrand

Thank you, Mr. Chairman. Once again, I will be brief.

I am pleased to appear before the Committee to discuss Bill C-18, An Act to amend the Canada Elections Act (verification of residence).

This bill would allow electors in rural and northern regions of the country to establish their residence before voting. Bill C-18 responds to concerns that I raised with the minister and with you, Mr. Chairman, in October 2007.

Elections Canada worked closely with the government to develop the proposal before you today, and we appreciate the promptness with which the issue was dealt with.

The bill addresses two problems.

The first one is the fact that a large number of electors have no civic address. The majority of these electors reside in the Prairie Provinces, Newfoundland and Labrador, and the three territories.

The second problem is that those electors, as well as many electors living in the same areas who do have civic addresses, use their mailing address on most of their identification documents. In both cases, the electors would not likely be able to provide proof of their residence at the polling station, as is now required by the Canada Elections Act. Nor could they rely on someone from the same polling division to vouch for them as their neighbours will be in the same situation.

Bill C-18 provides that electors with no civic address or with pieces of identification that have a mailing address instead of a civic address can establish their residence if the information on their piece of identification is consistent with the information that appears on the list of electors. In this regard, Bill C-18 builds on and uses information contained in the list of electors for each polling division. As you probably know, the list contains the names of the electors residing in that division, their physical address, and their mailing address if it is different from the physical address.

In cases where the deputy returning officer, poll clerk, or a candidate's representative has a reasonable doubt regarding an elector's residence, the elector will be asked to take an oath as to his or her residence.

Electors who have not registered before polling day could be vouched for in the same polling division by registered electors who can establish their residence using the process described earlier. When vouching occurs, both electors will be required to take an oath as to their residence.

As I indicated in my letter of November 28 to the minister, I am satisfied that the changes being proposed in Bill C-18 would provide the necessary flexibility to resolve the particular challenge facing electors in rural and northern areas. As a result, they would be placed on the same footing as electors in other regions of the country.

In closing, Mr. Chairman, I wish to express my full support for Bill C-18, and I hope it becomes law in the very near future.

Thank you.

December 4th, 2007 / 11:55 a.m.
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Conservative

The Chair Conservative Gary Goodyear

Thank you very much. I appreciate that.

Colleagues, I appreciate the opportunity to ask a couple of my own questions to clarify.

Colleagues, if you could put your Bill C-6 folders aside, we'll move right to Bill C-18, which is verification of residence. We already have an introduction of our experts at the end of the table.

Perhaps I could offer Monsieur Mayrand a moment of introduction to this bill. We will then move to our rounds of questioning, colleagues, beginning with seven minutes.

Monsieur Mayrand, please.

December 4th, 2007 / 11:20 a.m.
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NDP

Paul Dewar NDP Ottawa Centre, ON

Because we dealt with this on Bill C-31, my recollection was that there were three or potentially four. I say that, Chair, just because the nature of this bill and the bill we'll be dealing with in the second hour hinges on Bill C-31 and I think it's important to underline that.

It is our party's contention that this bill and Bill C-18 are creatures of Bill C-31, and if we didn't have a flawed Bill C-31, we wouldn't have Bill C-6 or Bill C-18. That's the reason for my inquiry and for my statement.

So what we have here, and I've said this before, is the solution looking for a problem and we've certainly found them. This bill seems to be analogous to a hammer killing a fly. I look at the amount of money we've spent, the amount of time we've spent to deal with what I am understanding is a problem that hasn't existed, and I hope we'll hear from witnesses from the community.

Specifically, Chair, and to our panel, I haven't encountered one person who has been unwilling to unveil when she has come to exercise her franchise. Are we aware or are you aware anecdotally of...?

December 4th, 2007 / 11:05 a.m.
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Conservative

The Chair Conservative Gary Goodyear

Let's bring our meeting to order, please.

Pursuant to the order of reference of Thursday, November 15, 2007, the committee is examining Bill C-6, An Act to amend the Canada Elections Act (visual identification of voters).

We will also be studying Bill C-18, An Act to amend the Canada Elections Act (verification of residence) later in the meeting, pursuant to the committee's order of reference of Friday, November 16, 2007.

Colleagues, today we have Marc Mayrand, the Chief Electoral Officer, and his team with us again.

We certainly appreciate and welcome your presence before the committee.

Members will appreciate that we're actually studying three pieces of legislation and one motion all at the same time. I appreciate members' ability to do that and, certainly, the ability of the Chief Electoral Officer and his team to brief us on three pieces of legislation, for the most part at the same time.

What we will do this morning is begin with an opening statement from Monsieur Mayrand. Then we will go to our first round of questioning. The plan would be to study Bill C-6, for which you have a briefing in front of you, for the first 45 minutes, and then in the second 45 minutes go into Bill C-18. I want to maintain a half hour at the end of this meeting to discuss committee business and clarification of some issues that have arisen here today.

With that, I will open the floor to Monsieur Mayrand. Would you introduce your team for the record? Then if you have any opening statement on Bill C-6, the floor is yours. Thank you.

November 29th, 2007 / 12:45 p.m.
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Conservative

The Chair Conservative Gary Goodyear

At 11 o'clock.

Colleagues, you're so good to me. I appreciate it very much. That will be the decision.

A reminder: witnesses for Bill C-6 and Bill C-18, please. There will be the summary of the reports to members by Monday, with the idea of going to clause-by-clause on Thursday. With respect to amendments, we said one o'clock on Tuesday.

Thank you, members. We did well.

The meeting is adjourned.

November 29th, 2007 / 12:40 p.m.
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Conservative

The Chair Conservative Gary Goodyear

I have to agree with members: that's not enough time to read them, assess them, analyze them, and come up with amendments, should there be any.

All right. We probably cannot go to clause-by-clause study on Tuesday. That's going to be far too tight. Can we have amendments in by Tuesday at one o'clock and plan to do clause-by-clause study on Thursday, which relaxes things a little bit?

Colleagues, that seems to be the decision.

Moving on, we need to have witness lists in for Bill C-6 and Bill C-18. We do have some witnesses, and we'll work on that probably for Tuesday, but I also want to remind members that we need to have those witness lists in.

We don't have a lot of time, and I don't want to be rude to Madam Dawson. You have been handed out the revised report of the steering committee. Can everybody pull that out? We're attempting to adopt a report that is asking for extra meetings for the continuation of the debate on the motion by Madam Redman.

I'm not sure we're going to have time to deal with this; I do apologize. I will adjourn the meeting at ten minutes to one. Just so we don't get into confusion, room 139 north is down the hall on the right side. The Ethics Commissioner and her team are waiting there for us right now for our meet-and-greet. This room is not available, so we have to evacuate at that time.

The floor is now open, however, for this. I suppose there's a motion to adopt the report. We're into a debate. I don't think there were any names on our list last time. Does anybody wish to comment on this new report?

I have Mr. Reid and Mr. Lukiwski.

Go ahead, Mr. Reid, please.

Tackling Violent Crime ActGovernment Orders

November 27th, 2007 / 1:20 p.m.
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Liberal

Keith Martin Liberal Esquimalt—Juan de Fuca, BC

Mr. Speaker, before I begin to speak to Bill C-2, I have to address my hon. colleague's contradictory comments about the lack of mandatory minimums. On the one hand, he lambasted the Liberal Party for not wanting mandatory minimums. On the other hand, he said very clearly that we had them and we called for a strengthening of them.

When the member for Mount Royal was the justice minister, he introduced mandatory minimums for weapons offences. That was a good thing. That is why we support Bill C-2. We have been trying to drive forward much of what is in the legislation. Ironically, we have been obstructed by the government.

I will go through the facts. Unfortunately, in the House one could look at the old adage that “in war, truth is the first casualty”. What we have here is war by another name. Sometimes truth is the first casualty in the House of Commons, and that is sad for the public.

Let me talk about the facts for a minute and give viewers a bit of history on the bill.

Bill C-2 is an omnibus bill involving a combination of five bills, including mandatory minimum penalties. We support mandatory minimum penalties. I caution the government, however, to ensure that the mandatory minimum penalties for weapons offences, violent offences and sexual offences cannot be plea bargained away and that they run consecutively and not concurrently. Too many times people who have committed serious offences receive penalties that get plea bargained away, so there is no effective penalty.

We also support an increase in mandatory minimums for weapons trafficking. My colleague from Mount Royal introduced many mandatory minimums for these offences in the last Parliament.

The Liberal Party supports the provisions for dangerous offenders, impaired driving and reverse onus in firearms offences. Many years ago there really was no penalty for a person using a weapon in the commission of an offence. That was changed by the last government. The Liberal Party supports the changes in Bill C-2.

Let me talk for a few moments about a few facts around the passage of the bill.

On October 26, 2006, our Liberal leader made a first offer to fast track a package of justice bills in the House, including Bill C-9, as it had been amended, Bill C-18, the DNA identification legislation, Bill C-19, the street racing legislation, Bill C-22, the age of consent legislation, Bill C-23, the animal cruelty legislation and Bill C-26, respecting payday loans. We also added Bill C-35, on March 14 of this year, a bill for bail reform, and we support that.

On March 21, we attempted to use our opposition day to pass the government's four justice bills: Bill C-18, Bill C-22, Bill C-23 and Bill C-35. The Conservative House leader raised a procedural point of order to block the motion. Those four government bills would have been fast tracked through this place in the same day, yet the government House leader, for reasons unknown to us and the public, blocked this. Those are facts.

What has been the path of government justice bills through the Senate? Of the six justice bills that had been passed before the summer break, only four went to the Senate. How on earth could the Senate pass bills that it just received prior to the government proroguing Parliament? It could not do that. It is disingenuous for government members to stand and suggest that the Senate was trying to block their bills. By the time the Senate received the bills, the government closed Parliament. Those are the facts. Anybody can check them out if they wish.

We support Bill C-2. However, I want to bore down on a few dangerous issues that the government is pursuing. One deals with the issue of drug trafficking. The government has said that it will increase the penalties for those who traffic in drugs.

There are two populations of traffickers.

There are those parasites in society who are involved in commercial grow operations, frequently attached to organized crime. We should throw the book at them. Those people are a cancer in our society and they deserve to be in jail.

There is another population that will be swept up in the government's anti-trafficking bill. It is the low level dealers who sell small amounts of illegal drugs to people, but they themselves are addicts. In essence, they are selling drugs to pay for their addictions.

If we criminalize people who have addiction problems and throw them in jail, they come out being hardened criminals. We also do not deal with the underlying problem, which we will have at the end of the day when they come out. In effect, we increase public insecurity and costs to the taxpayer. We do not address the underlying problem and we make our streets less safe. That is stupid, not to put too fine a point on it.

If the government goes through with the bill to criminalize people who are addicts, the low level people buying and selling drugs, it will end up with the situation we see south of the border, which has used a war on drugs approach. It has proven to be an abysmal failure.

What we see south of the border is a view of the future for us if the government pursues its course of action. There have been increased rates of both soft and hard drugs use, increased numbers of people have been incarcerated, increased costs to the taxpayer and more violent crime. Society loses.

The government ought to work with the provinces to implement solutions that address some of the underlying problems.

I will get to the organized crime aspects in a moment.

For the drug problems, I cannot overemphasize what a disaster this will be. The government has been warned of this by people across the country.

Let us take two projects, in particular, that have been extremely effective in dealing with people who have intravenous drug use problems. Both of them are found in Vancouver and championed by Dr. Julio Montaner and Dr. Thomas Kerr, superb physicians and research scientists, who have underneath them the Insite supervised injection program and the NAOMI project.

The supervised injection program is a place where addicts can go to a supervised setting and take the drugs they are given. What has that done? It has reduced harm, put more people into treatment, reduced crime and saved the taxpayer money. Fewer people have gone to emergency and there has been less dependence on our health care system. It works.

The other project I would recommend we pursue is the NAOMI project. Before I get to it, I point out that in the eleventh hour the government extended Insite's ability to engage in its program up until June 2008.

All the evidence published from The Lancet to The New England Journal of Medicine shows, without a shadow of a doubt, that the Insite supervised injection program saves lives, reduces crime and gets people into treatment. It is good for public security and it saves the taxpayer money. Why extend it to only eight months?

If the government gets a majority, it will kill the program. That, in short, will be murder. The government knows full well the program saves lives. To remove that program, would result in, essentially, the killing of people.

A program that works better, which the government does not support but ought to expand, is the NAOMI project. The NAOMI project deals with hard-core narcotics abusers. These people are over the age of 26. They have had five years of drug addictions and two failed attempts at treatment. They are the hard nuts of intravenous drug use.

The NAOMI project took 243 addicts and randomized them into three populations. One population received intravenous heroine, the other one received intravenous dilaudid, which is a prescription narcotic that is legal, and the third was to take oral methadone, which is a weak narcotic.

What happened to those populations? Of the population on IV drugs, more than 85% of people were still taking those drugs, receiving treatment and counselling, getting their lives together, obtaining skills training and being able to live while not being on the street and not engaging in criminal behaviour to feed their addictions. Of the third population, the ones in the methadone program, 50% of people were still in treatment after a year. It works.

What the government should be doing for both Insite as well as NAOMI, is expanding those programs across our country. Our urban centres need it.

In Victoria there are 1,243 people living on the street, 60% of which have what we call dual diagnoses, which means some of them have both a drug problem and a psychiatric problem. I would also add that some people within that population have had brain injuries in the past and have fallen into the terrible spiral of drug use by being on the street. Those people could be you or I, Mr. Speaker, who one day fall off a ladder or get into a car accident, sustain a significant closed head injury, have major cerebral trauma and as a result their lives are affected forever.

Some of those people are on the street and take drugs. Do we throw those people in jail? Do we throw the psychiatric patient, who is dealing to pay for his or her addiction, in jail? That is what would happen with the bill that the government has introduced. Those people need medical treatment. They do not need to be in jail.

My plea to the government, to the Minister of Health, the Minister of Justice and the Prime Minister is to bury their ideology, follow the facts and implement the solutions that will help people with addictions, keep our streets safe, and reduce costs to the taxpayers. It is a win-win situation for all concerned.

The interesting thing about the NAOMI project is that because NAOMI actually gave the drug to an individual who was proven to be an addict, that person did not have to go on the street to get the drugs. If that were done in a broader sense, it would be horrific to organized crime that benefits from this situation because the NAOMI project severs the tie between the addict and organized crime. That is what we need to do.

Organized crime would be horrified if a forward thinking government one day were to enable drug addicts to receive their drugs. Doing that enables addicts to get into the treatment programs that they need. It enables them to detoxify, obtain addiction counselling, skills training and the psychiatric therapy they need. If we do not do that, we will not make a dent in what we see on the ground. There will not be any affect on addictions and it will actually increase the criminal population in our country.

The other side of this coin, of course, deals with organized crime gangs, as I mentioned, the parasites and cancer in our society. These parasites are essentially people in $3,000 suits who benefit from a substance that is nearly worthless but has a value well beyond what it ought to have because it is illegal.

I have a bill on the order paper that would decriminalize the simple possession of marijuana. No one condones anybody using marijuana, everybody wants to prevent people from using it, and everyone certainly encourages children not to use this or any other illegal drug. The fact of the matter is that people do use it and a significant percentage of Canadians have used it at one time in their lives, particularly when they were very young.

Do we throw those people in jail? Do we throw an 18-year-old who has a joint in his or her back pocket in jail? Do we throw an 18-year-old in jail who exchanges or sells or gives a couple of marijuana cigarettes to a friend? That would be trafficking under the government's bill. Do we throw that 18-year-old in jail? Do we give an 18-year-old a criminal record, which is what we have today, affecting his or her ability to work or gain employment and have access to professional facilities for the rest of his or her life? Is that a humane way to deal with our population? It is not.

The worst news for organized crime, in my personal view, would be that marijuana is legal and regulated. It is not to say that marijuana is safe. It is not. It is dangerous, but so are alcohol and cigarettes.

If we can imagine today that cigarettes were going to come onto the market and were proposed as being something that ought to be sold today, do we think for a moment that they would be allowed, with all the cancer, respiratory and cardiac problems that cigarettes cause? No, they would not be, and neither in fact would alcohol. Alcohol would not be allowed today either, for all of the damage it does, but the fact of the matter is that cigarettes and alcohol are legal today.

The groups that benefit the most from the status quo, from marijuana being illegal, and it is just a weed with its value elevated well beyond what it ought to be because it is illegal, are the organized crime gangs. They are making billions of dollars off the status quo, and those billions are used to do any number of things including: trafficking of weapons and people, prostitution, embezzlement, fraud and murder. That is what organized crime is involved with.

What the government should be doing is coming up with a more comprehensive plan to deal with the biker gangs and organized criminal gangs who are--

November 27th, 2007 / 1:05 p.m.
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Conservative

The Chair Conservative Gary Goodyear

Thank you very much for the clarification. That's why I'm reading this out, so that we know what we do have to do.

Monsieur Proulx asked for a copy of any response from the Chief Electoral Officer to the minister's requests. Not much later, Madam Redman brought up the suggestion about bringing the Chief Electoral Officer in to discuss Bill C-6.

Would it be a smart idea to bring the Chief Electoral Officer in to deal specifically with Mr. Proulx's request as well as Madam Redman's request, as well as Bill C-18, if he has comments on it? We could have him here one time and deal with all three.

If no one objects to that, we will send the Chief Electoral Officer, then, a letter and give him notice of that.

We are still waiting for a letter from Monsieur Blanchet regarding Bill C-16. We haven't received it yet, so we will follow up on that.

This week, colleagues—I just want to remind members—tomorrow, on Wednesday, November 28, we have the subcommittee on the code of ethics meeting in room 112-N from 3:30 to 5 p.m. for the election of a chair and continuation of the committee's review of the code of ethics commissioner's report.

At five minutes to seven is an informal meet and greet with the Chief Electoral Officer, Monsieur Mayrand, at Elections Canada. All are invited to attend who can.

On Thursday from 11 to 11:45, we have two academics, Jon Pammett and David Docherty.

Scheduled from 11:45 a.m. to 12:30 p.m. is Chief Electoral Officer Jean Ouellet, from Saskatchewan.

Following that, there is also an informal meet and greet with Mary Dawson, who is the Conflict of Interest and Ethics Commissioner.

That brings us to a problem I'm going to ask my clerk to explain to members before we go into consideration of the report; it has to do with the ability to televise future meetings. There was some conversation yesterday at the steering committee about televising and when it would happen and what rooms are available.

We have priority, as this committee takes priority over other committees, and it would be up to the whips to determine whether we take precedence or priority over a televised room.

I'm going to ask Mr. Latimer to explain to committee members the difficulty with televised rooms. Then we'll move right into the report so that members can consider it.

Please, Mr. Latimer.

November 27th, 2007 / 12:15 p.m.
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Conservative

Peter Van Loan Conservative York—Simcoe, ON

Thank you very much, Mr. Chair.

Bill C-18, the verification of residence bill, is one designed to ensure that legitimate voters will be able to exercise their fundamental democratic right to vote.

I think everybody recalls how we got to where we are. Bill C-31 was passed by this Parliament to improve the integrity of the voting process and prevent voter fraud. The bill was made based on recommendations that came out of this committee in a report that was dated June 20, 2006, and it was a report that was supported by all political parties.

For the first time ever, and many voters comment to me positively about this, the bill required voters to demonstrate their identity and residence before being allowed to vote.

To establish identity and residence, voters must either show one government-issued piece of identification containing a photograph, as well as the name and residential address of the voter; or show two pieces of identification approved by the Chief Electoral Officer, both of which contain the name of the elector, and one of which contains his or her residential address.

Or, the voter must have another registered voter in the same polling division vouch for the elector, after having shown the pieces of identification required to prove his or her own identity and residence.

These new requirements were designed to ensure that those who vote during elections are actually legitimate voters.

With the new requirements, people will no longer be able to pick up voter information cards abandoned at apartment building entrances, and vote under the name of a different voter.

There will also be no way to vote in a riding where the voter works, rather than in the riding where the voter lives, in order to support a particular candidate in a particularly tight race.

Since the bill received royal assent in June, Elections Canada has identified a problem with the requirement for voters to demonstrate their residence before voting.

In defence of this committee, which dealt with the bill originally, it should be said that the problem had not been identified by the Chief Electoral Officer when he originally came to testify before you.

To that extent, while everyone here shares an ownership in the problem, that ownership in the problem is in part because the ownership was spread out and the Chief Electoral Officer did not communicate the problem to you at the time you were originally dealing with the bill.

This problem is that many voters do not have a piece of identification with a civic address that can prove their residence on polling day.

For some voters, the problem lies in that the full municipal address is not provided. Others have one, but it does not appear on their pieces of identity.

It's a problem that arises most often in rural areas across the country. It's most often in these areas that individuals may only have a postal address, such as a post office box, a rural route number attached to a post office, or simply a mailing address that provides for general delivery to a particular post office.

These individuals will be unable to produce identification with a civic address that can establish their residence.

Moreover, because the problem affects particular regions, the voters in question would have trouble finding someone to vouch for them, because their neighbours will probably not have a home address on their piece of identity either.

Now, once the government was informed of this problem by Elections Canada, we moved very quickly to solve it, with the assistance of Elections Canada and in consultation with all the other political parties.

The solution proposed in the bill provides for an address on a piece of identification to prove residence, even a non-civic address if the address is consistent with information about the voter on the list of voters.

When registering to vote--that would be registering for the first time--the voter would have to prove they lived in the polling division where they intend to vote. Since this is the case, we can now use the mailing address that appears on the voters list to corroborate that it is the same voter who has already proven that they reside in this polling division.

The same would apply to someone who vouches for another voter. If the mailing address on his or her pieces of identity corresponds to the information on the voters' list, that will be considered sufficient proof of residence.

An election official or a candidate's representative who has reasonable doubt about a voter's residence will still be able to challenge this voter. In such a case, in order to vote a person would have to take an oath as well.

It's important to note that for individuals not on the voters list, who are seeking to register at an advance poll or on a polling date, to be on the voters list they will still have to show a piece of identification that contains a residential address, or otherwise be vouched for. This is to ensure the integrity of the information in the register and to ensure that those who are registered to vote in the polling division really do reside in that polling division.

Mr. Chair, our verification of residence bill solves the problem of verifying the residence of voters who do not have a civic address on their identification. Now that the government has acted quickly, with the assistance of Elections Canada and in consultation with the other political parties, it's incumbent, I believe, on Parliament to act quickly so that Elections Canada can apply these rules at the earliest possible opportunity.

I'd like to thank you for your attention and answer any questions you may have.

November 27th, 2007 / 12:15 p.m.
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Conservative

The Chair Conservative Gary Goodyear

I'm planning to go for 45 minutes, which means ending at one. I will obviously not want to cut the minister off and not want to stop some interesting questions, so I will be listening to verify that the questions aren't repetitive and that they are on the bill, rather than on something else. If I sense the committee is done with the minister—no offence—then we will move into committee business, but I am planning to go to committee business at one o'clock.

Without further ado, Minister, thank you again for being so prepared for this meeting on two bills. We invite your opening statement on Bill C-18.

November 27th, 2007 / 12:15 p.m.
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Conservative

The Chair Conservative Gary Goodyear

Colleagues, thank you. We're going to reconvene our meeting today.

I'm not sure we have to go into introducing our witnesses, as they've already introduced themselves and are in fact the same.

Colleagues, in this second hour, pursuant to the order of reference of Friday, November 16, 2007, we will be dealing with Bill C-18, An Act to amend the Canada Elections Act (verification of residence).

I understand that all members have the act in front of them, as well as some research on the act.

I will simply remind members that I need some time—we will go over a little bit at the end of this meeting—to deal with committee business. But at this point in time I will ask the honourable minister to open up.

November 27th, 2007 / 12:10 p.m.
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Conservative

The Chair Conservative Gary Goodyear

Thank you, colleagues.

What I'd like to do right now, if there are no further questions for the minister on Bill C-6 , is suspend the meeting for one minute so that colleagues and the witnesses can remove all their research papers and notes on this bill and prepare themselves for the next item of business, which is Bill C-18. I will suspend the meeting for one minute.

November 27th, 2007 / 11:10 a.m.
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Marc Chénier Counsel, Legislation and House Planning, Privy Council Office

My name is Marc Chénier and I am the legal counsel at the Privy Council Office's Legislation and House Planning section. I am here for the consideration of Bill C-18.

November 27th, 2007 / 11:10 a.m.
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Conservative

The Chair Conservative Gary Goodyear

Colleagues, let's begin our meeting today.

First of all, welcome. Thank you for attending the meeting.

Ladies and gentlemen, today we have, pursuant to the order of reference of Thursday, November 15, 2007, Bill C-6, An Act to amend the Canada Elections Act (visual identification of voters). We have the honourable minister before us this morning for that, which I hope we can deal with in the first hour.

Colleagues, following the first hour we will also have the minister with us, but we will be dealing with a separate bill, Bill C-18. We can go into that in the second hour.

As well, colleagues, I'm going to ask that we have an additional fifteen minutes—and we probably don't need that long, but an extra fifteen minutes—to deal with committee business at the end. We will do our best to speed it along, but we do have some committee business.

Without further ado, I would like to welcome the honourable minister, Mr. Peter Van Loan, leader of the government in the House of Commons and the Minister for Democratic Reform.

Minister, I will ask you to introduce your team, and then we will allow you some time for an opening statement.

Colleagues, we'll follow the usual procedure of a seven-minute round of questions. And, members, in front of you is the legislative summary for Bill C-6, an Act to amend the Canada Elections Act (visual identification of voters). Although the minister is here and has a number of bills before us, it would be very helpful to stay focused on this particular bill. We'll deal with the other ones as they come up.

Minister, I'm going to offer you the floor for your opening statement, please. Welcome. Could you introduce your team?

November 22nd, 2007 / 6:25 p.m.
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Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, it is a pleasure to stand and respond to the question by my hon. colleague from Rainy River.

First, let us set the record straight. Bill C-31, which is the genesis of Bill C-18, was debated at the procedure and House affairs committee and ultimately ratified by the entire committee.

I am the first one to admit, since I am a member of that committee, that we all share responsibility in missing the one element of that bill, which, in turn, disenfranchised or potentially disenfranchised a million rural voters because of the term “residential address”

The point I am making is that every one of us on that committee missed it. We all share that responsibility. In fact, the Chief Electoral Officer of Canada, who appeared twice before that committee to discuss Bill C-31, did not notice in the legislation itself that there would be anything that had the potential to disenfranchise rural voters because they did not have a residential address.

When it was first discovered, which was about two weeks after the recent Quebec byelections that were held in September of this year, the Chief Electoral Officer, in examining how the ramifications of Bill C-31 affected that byelection process, noticed for the first time that there was an element that could potentially cause the disenfranchisement of voters in rural Canada.

We took immediate steps to correct the situation and introduced Bill C-18 to rectify the situation. We are hoping for speedy passage in committee and by members of the House to take care of that situation.

However, even if there were an election call before that bill became law, the Chief Electoral Officer has assured us that he would use his powers of adaptation to ensure not one rural Canadian would be disenfranchised if we had to go to a vote, whether it be a general election or a byelection.

However, I want to concentrate my remarks for the last few moments that I have to point out the absolute hypocrisy of the Liberal Party of Canada. Not only has the member from Rainy River suggested that this was a problem created by our government, but other members of his party have done the same. The member for Wascana has done several interviews in which he has suggested that this was a government problem, that this was something that was created by the government, that it missed it and that it was sloppy legislation.

The entire Liberal caucus voted in favour of Bill C-31. The sheer hypocrisy of their statement suggesting that it was only the government's problem because it made the mistake is staggering. Everyone shares some culpability. We all share the responsibility. We are willing to admit it. Members of his own party who were on the procedure and House affairs committee said nothing about the possibility of disenfranchisement of voters because they missed it as well.

While I am here to say that we will take immediate action and, hopefully, we will have some compliance with members opposite when the bill gets to committee so we can deal with this quickly and expeditiously, it is just so irritating to stand here and listen to members with the sanctimony and the hypocrisy to suggest that it was someone else's problem and that it was not part of their own doing.

For the record, we all share responsibility. I wish the member from Rainy River would stand up and admit that.

November 22nd, 2007 / 6:20 p.m.
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Liberal

Ken Boshcoff Liberal Thunder Bay—Rainy River, ON

Mr. Speaker, a few weeks ago, I was one of the several Liberal MPs who brought to the government's attention a glaring error in Bill C-18. It was the basic fact that the minority government had left one million voters off the voters lists. Imagine, with all the Prime Minister's drum pounding, if he had forced an unnecessary election, what one million eligible voters would have done if they had found themselves disenfranchised. In my great riding of Thunder Bay--Rainy River, a minimum of 5,000 voters would not have been able to exercise their democratic right.

Although all parties had missed the fine print, it shows us what can happen when bills are rushed through.

The standing committee was advised in May and after much deliberation, still the government ignored the public service's advice. Even after the Quebec byelections, the government should have leapt to the alert and proactively resolved the problem. Instead, an effective opposition was once again compelled to expose the government's haste and clean up yet another mistake.

It is unfortunate the government tried to avoid facing up to the problem. The straightforward solution is relatively simple. If the address contained in the identification provided does not prove the elector's residence specific to a domicile, but does reflect the most precise residential address typically available, then it should be deemed in compliance.

I am hopeful that after the events of the past few weeks the amendments will succeed in addressing the issues outstanding and that we can resolve this matter.

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

Canada Elections ActGovernment Orders

November 15th, 2007 / 1:40 p.m.
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NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I would like to thank my colleague from Nanaimo—Cowichan for giving such a good overview of the current legislation before us, Bill C-18, as well as its predecessor, Bill C-31 which was approved by this House.

I want to emphasize the points she made. The original bill, Bill C-31, was actually a bill that did not need to come forward. It was a bill that was manufactured by the government based on alleged voter fraud that really does not exist.

There are isolated cases from time to time but the chief electoral officer and Elections Canada have a very good system for following that up and actually zeroing in on where there may be potential fraud.

Therefore, this bill, in its previous form, was never required in the first place. What it did was it disenfranchised millions of rural voters, as well as those who live in an urban environment who may not have the necessary ID. There was nothing wrong with the way people in my riding of Vancouver East voted but they were suddenly disenfranchised by Bill C-31, as they will be by this new bill.

It is quite astounding that a problem that never existed has now become a problem because of legislation that has been created by the government.

We know about the rural voters and the fact that is why this new version of the bill has come forward, but is it also not the case that there are other voters who will be disenfranchised? Unfortunately, there is nothing in this bill that will correct the situation for those people. They are mostly people in inner cities, homeless people, people without ID and who have every right to vote. As a result of this legislation, they will still find it difficult to vote, if not impossible. They will, in effect, be disenfranchised.

I know I and my colleagues have pressed very hard to get this message through. It is quite alarming that not only did the government not listen, but the Liberal Party and the Bloc Québécois rejected those arguments as well and went along with this bill. Now we have the second version of the bill back and it is still a flawed bill.

I would ask the member to comment on how this impacts people in the urban environment as well.

Canada Elections ActGovernment Orders

November 15th, 2007 / 1:35 p.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

An infestation, as the member for Winnipeg Centre points out.

This is all about democratic reform and accountability in our voting system.

We also had an opportunity in this House to put forward proportional representation and members of this House folded like a stack of cards. We had an opportunity to ensure every vote counted so that we did not end up with a government that sometimes ended up with a majority when it only had 35% of the vote. Now that truly is a democratic reform initiative.

The member for Vancouver Island North brought forward a motion proposing electoral reform that would have substantially impacted on the way this House operates. Instead, members chose to disregard that very good motion. Canada is one of the few western democracies left that does not have some form of proportional representation.

I think New Democrats have a very proud history of fighting for democratic reform, electoral reform and for standing up for working class and middle class families to ensure their vote actually counts for something in this House. We are proud to be in the forefront in that area.

To get back to Bill C-18, I want to emphasize how broad the scope is of this problem. In a CTV news story on November 2, it stated:

Elections Canada last week disclosed that one million rural Canadians do not have a proper residential or civic address--complete with street name and number--as envisaged by the original legislation.

--that is Bill C-31--

Rural addresses are more often post office boxes or rural route numbers. On native reserves, a resident's address is sometimes simply the name of the reserve. The problem is particularly acute in the North, Saskatchewan and Newfoundland and Labrador.

Under this bill, many communities in our province simply would not have the right to have their votes registered. Our member for Timmins—James Bay is one of those. The member for Timmins—James Bay has called on this House to not only look at the disenfranchisement of rural voters, but also to look at the disenfranchisement of homeless people, transients, students, other rural people and aboriginal people. The list is very long.

When Elections Canada released its report, it gave some specific numbers, which I think are important. It released a report to Parliament saying that 4.4% of eligible voters do not have the proper address required by law. In Nunavut, 80.75% of the voters cannot offer a street name or address; 27.3% in Saskatchewan; and 23% in Newfoundland and Labrador. That is a serious problem.

I am hoping the House will look at the impact Bill C-18 would have on rural voters but I also hope the House expands its view and looks at all the other people who are disenfranchised.

Canada Elections ActGovernment Orders

November 15th, 2007 / 1:20 p.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I am pleased to speak to Bill C-18. Of course, if all members of the House had done their job when Bill C-31 was before the committee, we would not be in this position.

The parliamentary secretary spoke about the fact that the NDP opposed Bill C-31 simply because it was concerned about homeless people. There are a couple of things I would like to say about that. I am sure the parliamentary secretary could not possibly be suggesting that homeless people should not vote. We know that homelessness is a rising crisis in this country and that there are increasing numbers of homeless people in Canada. I would be very surprised to hear members of the House say that homeless people should be disenfranchised.

I point to the preliminary report of the UN special rapporteur, Miloon Kothari, that was released on October 22. It talked about the fact that Canada has a crisis in housing. We have a national crisis that is in an emergency situation. We know that independent sources are talking about increasing homelessness. We know homeless people often do not have identification that would allow them to vote.

Members of the Bloc are suggesting that somehow the New Democrats are not in favour of integrity in the voting system and that is absolute nonsense. The member for Vancouver East had a very concrete suggestion, one that has been used in Vancouver East, which was the use of statutory declarations for people who showed up with no identification and were not on the voters list.

NDPers are certainly very conscious of maintaining the integrity of the voting system and of ensuring there is no fraud, but I am also very aware that the Chief Electoral Officer also indicated that fraud is by no means rampant in this country. One wonders, when we attempt to use a sledgehammer on a small isolated problem, what the overall intent is.

When the parliamentary secretary answered a question I asked him about what this particular bill before us was going to do for people who were going to be disenfranchised, living in transient shelters and homeless, he indicated that the quote I read was actually not a quote of his from Bill C-18 when in fact it was his response to Bill C-18 amendments proposed by the Senate.

When the former Bill C-31 came back to the House for further review and consideration, I want to point out to members that New Democrats not only identified problems with that bill, and I am going to talk about some of them, but they also proposed solutions. They were concerned about rural voters in small communities. We talked about them being in small isolated communities. Not all rural communities are small and isolated, but we were certainly conscious of the fact that other community members could be disenfranchised.

On June 18, in response to amendments to Bill C-31 proposed by the Senate, the parliamentary secretary 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.

What we actually did with Bill C-31, in effect, is disenfranchise nearly a million rural voters. When those kinds of comments are made, one wonders if homelessness was considered as well.

The parliamentary secretary went on to say again on June 18, 2007, regarding amendments to Bill C-31 from the Senate:

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.

Surely, there is also a fraud in disenfranchising voters. People have talked about section 3 of the Charter of Rights and Freedoms. When we pass legislation that says Canadians will not be allowed to vote because of where they live in rural Canada, surely that is perpetrating a fraud.

On that very same day of June 18, in response to Bill C-31 amendments from the Senate, the Minister for Democratic Reform 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. These are changes that will be of benefit to all parties, to all candidates, and to all Canadians because it will make our electoral system, and in turn our democracy, stronger.

The Minister for Democratic Reform was supporting a piece of legislation that was actually going to make sure that some Canadians could not vote. How is that possibly in keeping with provisions for making our democracy stronger? In fact, in the government's rush to reduce a virtually non-existent fraud problem, it has actually made sure that well over a million Canadians will not be able to vote.

The bill attempts to correct that. If we are going to correct a piece of flawed legislation, I would argue that we need to correct all of the issues that were identified when Bill C-31 came forward initially.

Often in the House, we hear people talking about accountability, transparency, and fiscal responsibility. Bill C-31 was before the House and the Conservatives, the Liberals and the Bloc pushed it through despite some very strong reservations identified by New Democrats, and solutions suggested as well I might add. Now we are in the process of fixing a flawed piece of legislation at what cost to taxpayers.

We have a responsibility when legislation comes before the House. I have heard members say that not every piece of legislation is perfect and we have to do what we can do to get things through the House. However, when we do things hastily and without adequate consideration for broad ranging impact, we end up not only delaying the process, but we end up spending far more money than we needed to spend in the first place.

When the government brought in Bill C-18 to fix the problem of disenfranchised rural voters, it was not fixing the problems with respect to people who perhaps were homeless or living on low incomes. Does that mean we will have to bring another bill back before the House, at great expense to taxpayers, in order to fix a problem that should have been fixed when Bill C-31 was originally before the House?

I heard the parliamentary secretary speak about the fact that the primary reason that New Democrats opposed the original bill was because of our great concern for homeless people. We are absolutely concerned about people who are homeless. Whether it is their right to vote, their right to adequate shelter, and everything in between like health care, liveable wages, adequate education, we are concerned. I am very proud as a New Democrat to stand up and speak about these things in the House.

New Democrats identified a number of issues in Bill C-31 which are not being addressed in Bill C-18 and are still going to continue to be a problem.

We talked about the fact that the bill would result in thousands of individuals not being able to exercise their right to vote because of a lack of proper identification due to poverty, illness, disability or having no stable address. This also included people who were temporarily housed in transition shelters. We put forward a recommendation around the statutory declaration as an alternate means of identification for an elector to prove his or her identity.

We also talked about the fact that there were some serious problems with the vouching system. With the vouching system, one person can vouch only for one voter.

Sometimes, for example, there may be someone who lives in a riding and works a lot with people who are homeless, some of the street workers, who often have daily contact with people who are homeless. That person would only be able to vouch for one of those people who he or she works with on a regular basis. We were arguing that using that vouching system is a legitimate way to say that someone should be able to prove who they are and that one should be able to vouch for more than one person. That seems perfectly reasonable.

Surely, if one's credentials are good enough to vouch for one person, they should be good enough to vouch for five, six or ten people. What difference does it make?

I want to highlight the fact again that when New Democrats were speaking about the problems with Bill C-31, which have not been fixed in Bill C-18, they were identifying more than homelessness as an issue. The member for Vancouver East, in a very good speech that outlined a number of the problems and potential solutions, said:

What is being offered as the main solution to this problem is a voter identification system. In looking at the bill and knowing where this came from at committee, we want to express some of our concerns about what may be the unintended consequences of the ID system on voters. In particular, we are concerned about how this would impact low income people, people who live in small remote communities and aboriginal people who do not have the necessary ID outlined in the bill.

Clearly, the member for Vancouver East, who is a very experienced member of the House and has been a tireless advocate for homeless people, was also talking about people who are not only homeless but who lived in small and remote communities and aboriginal people.

Therefore, I think that is a very good example of how New Democrats talked about issues that included the homeless and others. Further on in her speech she talked about a solution. She said:

However, I have looked at this carefully and have talked to lawyers in my community who have been involved in providing assistance around statutory declarations for voters with no ID, and they are very concerned, as I am, about what this provision will mean. At present, it is acceptable for a voter to make a statutory declaration along with a person in the community who can identify the voter. In the downtown east side, it has often been a street worker, someone who knows many of the people in the community, who vouches for the individual. Under the new bill, [Bill C-31], this would no longer be allowed.

Bill C-18, which is before the House, does not take into account that provision that would have prevented the disenfranchisement of a number of people in our communities. The member went on to say:

We are prepared to see this bill go to committee. The government has said that it is willing to look at amendments--

We, of course, know that what happened is neither the government, nor the Liberals, nor the Bloc supported some of the amendments that the NDP put forward. This is the important part. The member also said:

--to ensure that by dealing with voter fraud, we are not at the same time unintentionally disenfranchising people who have a right to vote, who want to vote and who are voting legitimately, but would be precluded from doing so by these new provisions.

We have seen the first round of people who will be disenfranchised by Bill C-31.

I talked a bit about the vouching system and how extremely complicated it is in terms of the fact that we have one person who can vouch only for one person.

The member for Ottawa Centre, again a tireless defender of democratic reform and people's right to vote, in his speech against Bill C-31, and this is prescient, identified some problems that could occur. He said, “I would hate to see unintended consequences that would do the same here”. In this context he was referring to some problems that happened in the civil rights movement in the United States where people were, some would argue, intentionally disenfranchised and there were court challenges that resulted from that. He said:

We have seen laws in this country that have done that. I refer to B.C. and its so-called section 80, whereby people were not able to get on the voters list until the actual day of the election simply because of a flawed enumeration system. It is important to acknowledge, with the way the bill is presently written, that a charter challenge could happen.

The member for Ottawa Centre spoke about the fact that there could be unintended consequences of the bill and what do we see but over one million voters in Canada not able to vote because of this very deeply flawed bill.

The member goes on to talk about solutions. People in the House have said that New Democrats only oppose things, not propose things. That is wrong. We talked about the fact that enumeration, which has been cancelled, would have been a very good way to ensure that we had the best possible electoral list so that people would be accurately reflected on that voters list. It would certainly ease voting when it comes to voting day. That would have been one solution, along with the use of statutory declarations.

One of the members referred to the fact that New Democrats are not doing anything on democratic reform. Again, that is absolute utter nonsense because we know the previous member, Ed Broadbent, with whom I was very proud to serve as a member of the New Democrat caucus, presented a very detailed plan on democratic reform. Part of that plan dealt with corporate lobbyists. When we talk about democratic reform, we had the member for Winnipeg Centre yesterday pointing out the fact that measures to deal with corporate lobbyists under the Accountability Act still have not been put in place.

The member for Winnipeg Centre has been tireless in talking about ethics and accountability in this House.

We have a government that ran on a platform of accountability and so-called clean government and now we have a situation of Conservative corporate lobbyists who, because of the Conservatives' failure to enact certain provisions of Bill C-2, the Accountability Act, they have pretty much a free licence these days.

Canada Elections ActGovernment Orders

November 15th, 2007 / 1:10 p.m.
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Bloc

Pauline Picard Bloc Drummond, QC

Mr. Speaker, Bill C-31 asks electors to bring a piece of photo ID when they go to the polling station. That does not present a problem in Quebec, because driver’s licences and health insurance cards have photographs. However, the Chief Electoral Officer has authorized two original pieces of identification, one of which can establish your name and the other your residential address.

The identification card can be a health insurance card, social insurance card, birth certificate, driver’s licence, Canadian passport, a credit card to identify the name, a Canadian Forces identity card, a health card, employer card or old age security card, or a public transportation card. There are also documents that can establish name and address, such as a credit card statement, a bank statement, a utility bill such as a telephone, cable, hydro, gas or water bill, or a bill from a public utilities commission. This can also be a local property tax assessment, a residential lease or, for students, a school report card or transcript; and the list goes on.

An older person will have no problem voting, and could even go in with another elector who will vouch for him or her, if that elector has all of the pieces of identification. Everything has been done in Bill C-18 to facilitate things and to remedy the mistake that was made in Bill C-31, which contained the restriction that prevented some people who have post office boxes from proving their address. This bill corrects the mistake that interfered with a million people in Canada voting.

I do not think this poses any problems of the kind suggested by my colleague in the NDP. I know the New Democrats do not support this. We have often seen this in committee, particularly when it comes to bills that require identification. They think this means that homeless people would not be allowed to exercise their right to vote. Everything is being done, however, in the present Bill C-18, to accommodate those people.

The right to vote is also a responsibility that rests on every citizen. Everyone must be informed about how that right can be exercised.

I have just come from a meeting of the Standing Committee on Procedure and House Affairs, at which the Chief Electoral Officer spoke as a witness. He informed us that he is in the process of initiating a broad campaign to raise awareness everywhere in Canada, to genuinely inform the public about their rights and the methods available to them for exercising the responsible right that the right to vote represents.

Canada Elections ActGovernment Orders

November 15th, 2007 / 1:10 p.m.
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NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, I am looking at the changes here in Bill C-18.

Let us assume the voter is a senior who does not drive. Right off, he or she does not have a driver's licence with a photo. Perhaps the person has a very old health card. If that person happens to live in Ontario, the health card does not have the person's photo, so that does not work. Perhaps the person would then pull out a credit card. There is no address on the credit card. Perhaps the person belongs to a local art gallery or museum, but there is no address on those. Maybe they have a credit card from a local store like The Bay, Sears or Shopper's Drug Mart. However, there is no address on those cards either. What about the citizenship card? There is no address on the citizenship card either.

In those cases, how does this bill actually help these poor seniors who have been in Canada for maybe 30 years, 40 years or even longer? They might even have been born here. They do not have ID with an address because they do not drive. We do know that 20% of Canadians do not drive. If those people happen to have moved not too long ago, their names are not even on the voter's list.

How would this bill help someone with a problem of that nature? Yes, the bill does fix the rural problem. The one million voters that were left off the list are now back on it, but how would it actually help those seniors who do not have an ID with an address on it?

Canada Elections ActGovernment Orders

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

Bloc

Pauline Picard Bloc Drummond, QC

Mr. Speaker, I am pleased to take part in this debate on Bill C-18, An Act to amend the Canada Elections Act (verification of residence). First of all, I would like to say that the Bloc Québécois supports the principle of the bill.

In February 2007, the House of Commons adopted Bill C-31. This bill amended the Canada Elections Act primarily to reduce the possibility of fraud or error by strengthening requirements pertaining to the identification of voters. the Chief Electoral Officer had already expressed concerns about possible problems caused by the requirement to provide proof of identity and residence.

On December 7, 2006, when he appeared before the committee studying Bill C-31, he gave parliamentarians the following warning.

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.

He got it right. According to Elections Canada, 1 012 989 electors, or 4.4% of qualified electors, do not have residential addresses meeting the requirements of the Elections Act as amended by Bill C-31.

In preparing this speech, I wondered how many voters in my riding might be affected. We inquired with the office of the Chief Electoral Officer. So far, all we were able to obtain was an acknowledgement of receipt, conforming that my inquiry had been referred to the appropriate branch. That takes some doing. Having been made aware of a problem, Elections Canada is unable to tell an elected member of the House of Commons how many voters in her riding might be affected.

But if an election were held today, nearly one million voters across Canada, including 15,000 in Quebec, would be prevented from casting a ballot.

These are the tens of thousands, if not hundreds of thousands, of voters in the various provinces who do not meet the new requirements of the Elections Act. A journalist from La Presse also tried unsuccessfully to obtain an explanation from Elections Canada.

At various stages of the electoral process, electors are expected to provide undeniable proof of identity, particularly at the time of casting a ballot. Identification systems may also be used for registering voters or granting staff members access to their place of work or to a computer system. Some countries rely on the honesty of voters and do not require them to provide any documents as proof of identity. Other countries do require proof of identity, hence the need for personal identification systems.

In some countries, the use of ID cards is widespread, while in others, ID cards are not intended for everyday use. The public's response will determine whether or not this is an appropriate practice.

For electoral purposes, voters may produce ID cards when registering or at the polling station. Such cards may also be useful to give election officials access to their place of work or to other restricted access areas such as polling and ballot counting stations. They may also be used by the personnel responsible for voter registration or verification of voters lists.

Most ID cards used when voting do have the advantage of helping reduce opportunities for fraud. The ones that include a photo, a signature or a fingerprint ensure an even tighter control, but they must be used with caution, while taking into consideration the country's cultural context. Some security printing processes, such as holograms or coloured illustrations that are hard to copy, also reduce the risk of false ID cards, as do identification procedures that rely on biological information.

In its present form, the Canada Elections Act requires all electors to prove their identity and their residence before being allowed to vote. The new requirements on voter identification are based on a unanimous recommendation made by the Standing Committee on Procedure and House Affairs.

In order to prove his or her identity, an elector must: provide a government issued identity card with his or her photo, name and address—a Quebec driver's licence, for example; or provide two pieces of identification authorized by the Chief Electoral Officer, with both pieces showing his or her name, and one piece showing his or her residence; or ask another elector, whose name appears on the list of electors for the same polling division, to vouch for him or her, after having provided the above-mentioned pieces of identification.

The concern expressed by the Chief Electoral Officer, which we share, is that some electors may not be able to provide pieces of identification to prove their residence, as required by the law, because they live in an area where there are no municipal addresses, or in a region where such an address is not usually indicated on the driver's licence or other identification documents. This concern is the topic of the current debate, and we must find a solution.

The legislation needs to be corrected to ensure that a million citizens are not deprived of the right to vote. Bill C-18 will allow electors in regions where pieces of identification do not contain a civic address, just a post office box, general delivery or a rural route, to use identification with an address other than a street address to verify their residence on condition that it is consistent with the information on file in the National Register of Electors.

The same rule will apply to people who vouch for another elector. If the address on the voucher’s identification is consistent with the information in the list of electors, it will be deemed sufficient proof of residence. I would like to look a bit more closely at this bill.

It would allow electors to present identification with an address other than a civic address to verify their residence on condition that it is consistent with the information on file in the National Register of Electors. This is meant to cover people who live on rural routes, for example. The bill also authorizes an election officer, a candidate or a candidate’s representative to require the elector or the voucher to take an oath in order to prove his or her place of residence.

In these cases, the residence of the elector or voucher will not be deemed proven unless the person takes an oath. We believe that it is reasonable to require an ID card with a photograph, if available, in order to verify the identity of electors and ensure the integrity of the election system.

People whose names are not on the list of electors but who want to register on polling day or at an advance polling station will have to prove their residence by presenting identification with a civic address because the list of electors does not have any information in it that would make it possible to compare a mailing address or an incomplete civic address.

The government’s purpose here is to adjust our aim. The verification of residence bill makes the identification requirements more flexible for electors who do not have a piece of identification with a street address on it when they have to prove their residence in order to vote. We what we wanted to do with Bill C-31 was not to restrict the criteria for qualification as an elector but to change the way in which the elector exercises the right to vote.

We added an additional way of proving one’s place of residence by presenting pieces of identification which corroborate the elector’s declared identity.

We believe as legislators that we should do everything in our power to ensure that there are no more cases of impersonation at elections.

We believe that the integrity of the democratic process needs to be better protected in elections, something that is absolutely essential to recognize political rights.

We are also very aware of the fact that no bill should have the direct or indirect effect of depriving a person of his or her right to vote.

Canada Elections ActGovernment Orders

November 15th, 2007 / 12:55 p.m.
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NDP

Olivia Chow NDP Trinity—Spadina, ON

Mr. Speaker, we all agree that we want to raise the level of voter turnout. One practice would raise the voter turnout, and that is door to door enumeration. We used to do that for many years. When the Liberal Party was in government, it got rid of door to door enumeration. Now tenants, students, young people who just turned age 18 and new immigrants who have just become citizens are no longer on the list. They have not been enumerated. Because they are not on the list, often they scramble to try to get to the polling station if they even know where their polling station is.

The key element that would help to increase the voter turnout is not in this bill, not in Bill C-18 and not in Bill C-31.

I remember a few months ago, in the spring, the Liberal Party said that there was all kinds of voter fraud and they suggested we ask Elections Canada to examine a few ridings in Toronto, for example. Therefore, a lot of money and time was spent to check whether there was fraud. Elections Canada said that there was no massive voter fraud. There was no fraud at all. A few people had made mistakes.

If we all agree there is no voter fraud, then why did the different parties pass Bill C-31? We said that it would not fix anything and it created other problems. Now we have another bill. I have no confidence it will fix all the problems or that voter turnout rate will go up. I know people will be disenfranchised because of the problems that are still inherent in this whole debate, which is the lack of door to door enumeration in the first place.

I cannot see how, after a lot of time, energy and money spent on these papers to study this bill and that bill causing embarrassment, the bill will fix these problems. It will fix the problem for those people from rural Canada who have been left off the list, but I guarantee we will encounter other problems.

I hope we return to door to door enumeration so people who need to be on the list will be on it and they can then have a chance to vote.

Canada Elections ActGovernment Orders

November 15th, 2007 / 12:30 p.m.
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Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

Mr. Speaker, I almost rose on a question of privilege when my friend referred to me as the new democratic reform critic. I think what he meant was the new critic on democratic reform for my party. It is almost in the way things are said, not what is actually said.

With that in mind, I do want to congratulate the parliamentary secretary. I would have had many questions for him, but I will pose those questions hypothetically to you, Mr. Speaker, and to the public who may be listening.

If this is a housekeeping bill and will cure the problem of a vast number of rural voters being unable to vote now because of a gap in the legislation, and if it is that non-contentious, and if it means so much to enfranchise over a million voters in this country in Liberal, Conservative and other party ridings, then why was it not given higher priority than Bill C-6, which we just debated, which by and large seems to affect an extremely small number of people, which seems to respond to a problem that does not exist?

Why was this legislation not given priority over a number of other bills that have achieved headlines far and wide across the country? Perhaps the answer is in my question itself: because it is better politics to get more press than to do what is right for over a million voters in this country.

Briefly speaking of Bill C-18, it is true that the parliamentary secretary has worked very hard in trying to get all parties together to bridge the gap that exists with respect to so many voters. It is true that discussions were held. It is true that a number of people have been consulted with respect to drafting the bill. But it is equally true that the government has misrepresented the facts which underlie the reason that we are here today.

If everybody had listened intently to the parliamentary secretary and to the Minister for Democratic Reform himself, it would seem that the Conservative Party is riding forth like the knight on the white horse to cure this problem. The truth is they sat on it; they ignored advice that came to their attention, or I guess in a legal standard, should have come to their attention as government earlier on, and I will get to that in a minute.

In announcing that the bill would be introduced, the Minister for Democratic Reform said, “Once again our government is showing real leadership by taking quick, decisive action to strengthen our voting system by addressing the problem of verifying the residence of voters”. I agree with everything there except “real leadership“ and “taking quick, decisive action”. He also said, “The legislative solution introduced today will ensure that legitimate voters will be able to exercise their fundamental democratic right to vote”.

I might remind all members of the House and some on the other side of the lack of fanfare or even notice of the fact that we have a Charter of Rights, and that the Charter of Rights is celebrating its 25th anniversary. I, as a relatively young member of Parliament, am a child of the charter. The charter in section 3, and I bet if I had a quiz on the charter, people could not pick the section that guarantees this right, which is the basis upon which this debate should begin and end, the democratic right of citizens, states that every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein. It is a very short section. I actually counted the words. That section has the fewest words in the whole Charter of Rights, but it is so succinct.

I find it kind of interesting when we look at the democratic reform ethos of the Conservative government how it has been interpreted by the courts has largely been with respect to the rights of inmates and judges to vote. Who would have thought that those two groups would be put together in terms of rights?

There have been significant court cases on whether inmates have the right to vote. People convicted of serious crimes are now determined by our courts to have the right to vote. So fundamental is this right, yet it would seem that the government, in its wisdom, by forging ahead with Bill C-6, might in effect be depriving a few unconvicted, uncharged citizens of this country who profess their religious beliefs of the right to vote, but inmates have the right to vote. I find that a curious turn of events given the government's very strong and strident support of an anti-crime agenda. The irony, of course, is quite delicious.

The other irony in the theme of my discussion and how it is not a case where once again the government is showing real leadership on that white horse is that in fact the Senate of Canada, one of those institutions that the government does not seem to really support, did in fact during its deliberations on Bill C-31 raise questions with respect to the qualification of voters, which as I indicated is guaranteed in the Charter of Rights. A group of senators reviewed the legislation, and let us remind ourselves that the other place has a duty to review legislation passed by the Commons.

We heard the parliamentary secretary for democratic reform in this House stand up and say, “Everybody missed it. Everybody in the Commons, all parties, missed it. It is just a big old mistake and a million people might not be able to vote. We are sorry. We put a whole bunch of bills ahead of this one because we care so much about those million voters in rural Canada who cannot vote. We are going to put a whole bunch of other bills ahead of this one and we are going to blame everybody equally.”

Not so fast. Let us work backward. On June 27, the bill itself, Bill C-31, received royal assent. Prior to that, in the month of May and before that time, the Senate of Canada was wrapping up its hearings. A number of questions were had of the Chief Electoral Officer at that time. Those questions went to identifying individuals who did not have addresses. The Chief Electoral Officer is another person who seems to be on the government's hit list. If we add it up, there are Muslim women and minority communities, the Senate of Canada, and now the Chief Electoral Officer. These are targets of the new government and its parliamentary secretaries, who wield such great power.

My friend who spoke to this bill today should be very mindful that the Chief Electoral Officer offered solutions himself, which came up as a result of the Senate's verification and review of legislation. He wrote, “In light of comments that I have already received”--as a result of Senate hearings--“I am considering broadening the list”--and he referred to identification--“to include attestation letters that could be signed by a person of authority in homeless shelters and student residences. Such letters would establish the residence of the individual and constitute one of the two pieces of identification required under section 143(2)(b)”.

It was also suggested there were problems, generally speaking, in ethnic communities with respect to voter turnout and verification.

He wrote to the questioner:

You had also suggested that Elections Canada should advertise in ethnic media to communicate the requirements for voter identification to the electorate and, in particular, ethnocultural communities. As part of its commitment to communicate clearly with a variety of groups within the electorate, Elections Canada has sought to tailor the information provided to ethnocultural communities.

He went on to describe what Elections Canada in fact had done in the ethnocultural communities and he talked about the attestation letters. The attestation letters prove the point that the Elections Canada officials are doing their job. The attestation letters were an afterthought as a result of the Senate hearings.

What we have is the Chief Electoral Officer, mindful that this is the act under which he is empowered, attempting to accommodate the law as written as a result of a verification and review in the other place. As a result, attestation letters are now, in practice, what prevails for homeless people, people in student dorms and other such facilities.

Would we not think that the question might be that in its thorough review of this legislation the government ought to have addressed the issue of attestation letters and made it, rather than a practice, the law? And would we not think that, and we may get to this when we send this to committee and correct it, in a thorough review, having had the experience of the byelections, the government would make it a priority to fix whatever flaws it had seen in Bill C-31?

In effect, do members not think the minister responsible, who wanted quick and decisive action, and the parliamentary secretary, who lives in a semi-rural riding, might have thought it very important to review what was already on the books in terms of committee work, or does the world for the Conservative government and the officers of democratic reform for the government end when the bill is presented to the Senate?

I suggest, not. I suggest that whatever happens in the Senate in the review of a bill is very much within the purview of the Minister for Democratic Reform. If he were not so busy taking questions for the Prime Minister and other people who are ducking issues, he would probably have time to do that. It also falls within the purview of the parliamentary secretary. He should have reviewed the work done by the Senate.

However, I am not here to defend the Senate on this item. I am here to defend the Chief Electoral Officer, who responded to a Senate inquiry. It is almost as if the democratic reform team over there did not exist. The real work was being done in the trenches by the Chief Electoral Officer and by serious senators who were involved in the review of the legislation.

In summary, it is very important for us to remember that the bill will, when taken to committee and fixed in a number of ways with the leadership that other members of the committee will offer to the bill, attempt to fix a problem that was actually created when it was decided we all must have forms of identification to vote.

If I could be non-partisan for a minute, we have to realize that we made a change when we decided in Bill C-31 that everybody had to show identification to vote. We owe it to ourselves to understand that in some countries this is the case and in others it is not. Clearly with respect to the over million rural voters, it effectively disenfranchised them. One has to ask the question we asked throughout the Bill C-6 debate. What was the problem before? Was there widespread abuse or fraud, concealment of identity or multiple voting in the rural ridings of Canada? I do not recall complaints made to Elections Canada.

It is like Bill C-6 where we do not have a single complaint to Elections Canada about voter fraud. We have the hums and ha's of the Minister of Transport, Infrastructure and Communities, who may have been driving by and saw people with pumpkins on their heads and somehow this became a very large issue.

What we have in this case is probably what will be the rub of the discussion. The serious rub of the discussion for members of Parliament is whether we will go to full identification, meaning photo identification. Countries in the democratic reform capacity not as sophisticated and not as developed as us have gone to that way. There are countries in west Africa that require photo identification to vote.

We have photo identification and a comparison against it, as said in legislation, to have a passport, which will allow us to enter other countries and to re-enter Canada. We have photo identification required by law by many provinces to have a driver's licence. We have photo identification requirements in many administrative and quasi-administrative instances in the country where government agencies are involved.

Do we want to take that bold grand leap toward photo identification for voting? It is a question with which we must all come to terms, be mature about and decide whether we want that. However, if we do not go there, if we do not jump in that large ocean, then we have to stay on the shore. There is no half-way on this.

It seems to me that whatever happened at Bill C-31, whatever happened in the Commons during the debate and in the Senate during its purview, with the poor Chief Electoral Officer trying to keep the middle ground, we have a situation where we are half wet. We have a situation where the first means of voting is to show one's picture ID, but the law does not say that the returning officer in charge has to compare one's face to the photo ID. It seems to be assumed that people would do that, but after all we are here to make law.

We are not here to just to recount our personal experiences. We are not here to talk about pumpkins at polling stations. We are not here to talk about multiple votes without proof. We are not here to talk about the anecdotes. This is a serious place where laws are made.

If we are to have a debate, the debate should be that if we say photo ID is one way of proving people's ability to exercise their charter right to vote, then we should also say that the photo ID should be compared to people's faces, which requires people to show their face. The law does not say that. Worse, the law goes on to say that the person only has to produce, as a second means of voting, two pieces of ID which have an address on it. As interpreted, those addresses have to concur with the list of electors. That is yet again a situation where no person's face is required to be shown. We are half wet on this issue. It is incongruous and very difficult for the Chief Electoral Officer to be sure that everyone who votes is voting.

Then we have to ask the question about our history. I would think that this particularly applies to rural Canada. In our history do we have such widespread voter fraud and multiple voting situations that we have to go that far? I would think not. What we have to rely on are the principles of trust, that when a Canadian citizen comes to the voting box, then in our heads, as lawmakers, as government officials and as the delegated responsible persons from Elections Canada, we should think of section 3 of the charter, “Every citizen in Canada has the right to vote”. It should be written large in both official languages at every polling station. We should do our utmost as parliamentarians to ensure that has been put into effect.

What has happened here is, in our rush to be half modern and half photogenic, we have said that one has to fit with the other.

On the positive side, the bill will go some way to cure a problem that exists because of our zealous pursuit of attempting to get rural people, our large rural population, to conform perhaps to a metropolitan view of how we identify ourselves. I think it is an identity issue. I think it is an issue that defines us as a nation.

In our country we have had periods in some cases of rapid urbanization and we have had periods of slow urbanization. I submit that in this history of our country, and what better place to do this than in the House, parts of western Canada were rapidly de-ruralized and rural Canada lost a lot of its character in the period which we now know as the dust bowl period.

We know that in periods of economic recession, parts of eastern Canada were denuded of its people. One only has to look at the outport situation in the province of Newfoundland and Labrador to know that people were pulled away from their rural roots.

The process of de-ruralization is occurring much slower in my province and in the rest of the Maritimes, but it is happening. We are becoming, as the last census showed, an urban nation.

What Bill C-31 did was it added insult to injury to rural Canadians by saying, “We are going to apply a city standard to rural Canadians. We are going to apply a metropolitan standard to rural Canadians. You shall be like us”.

What the good part of Bill C-18 suggests is that we are apologizing, as parliamentarians from all sides, to rural Canadians. We are saying that we were a little too hasty, a little too urban in our thought and we apologize. We are saying that rural Canadians have the same rights as we do as guaranteed by section 3 of the Charter of Rights and Freedoms, which is celebrating its 25th anniversary this year.

Kudos to rural Canada and kudos to Bill C-18. We will fix and add to it, as we will at committee, and it will make good legislation.

Canada Elections ActGovernment Orders

November 15th, 2007 / 12:25 p.m.
See context

Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Mr. Speaker, I thank my hon. colleague from Souris—Moose Mountain for bringing this forward, particularly the hypocritical stance of the member for Wascana, who quite frankly has made several of these comments before. He says one thing, but when we examine the record closely, as my colleague has done, we find out that actually the reverse is true in terms of his voting patterns.

It is quite clear that not only did the member for Wascana vote in favour of Bill C-31, but all Liberal members of the procedure and House affairs committee, during examination, missed the fact that there was this gap. It is a shared responsibility. For anyone, whether it be the member for Wascana or any other member, to say that this was the blame of the Conservative government is absolutely incorrect and hypocritical, since this bill passed this House, with the exception of the New Democratic Party which voted because of the homeless issue, not because of the fact that residential addresses were contained in the bill. We should have addressed that gap.

With respect to my colleague's question about correcting this quickly so that non-residential address voters in his riding can vote, yes, we wanted to deal with this expeditiously.

I should also state that we have the assurance of the Chief Electoral Officer that this bill does correct the gaps contained in Bill C-31. In the opinion of the Chief Electoral Officer, Bill C-18 fixes that problem, completely corrects it in fact. We will have a letter to that effect to bring to the committee when we start examining Bill C-18.

The Chief Electoral Officer also stated that should there be an election prior to Bill C-18 receiving royal assent, he would be prepared to use his powers of adaptation to ensure that no rural voter was disenfranchised because he or she did not have the correct residential address on his or her identification.

Between the powers of the Chief Electoral Officer and the powers contained within Bill C-18, we should have this problem fixed.

Canada Elections ActGovernment Orders

November 15th, 2007 / 12:20 p.m.
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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Mr. Speaker, the hon. member is asking about someone who is a snowbird and who is, for example, vacationing down in Phoenix, where I suppose half of Saskatchewan goes in the wintertime. If an election is called in the winter, he is asking, would these provisions capture any inequities in the ability of those individuals to vote?

The regular rules and regulations for special ballots remain in effect. In other words, if people are away at the time of a vote, they can still get a ballot. They can have a mail-in ballot or a special ballot of some sort. They will still have to produce some form of identification to get that ballot, but they will not be required to do anything beyond the norm.

Bill C-18 is here to address an inequity, a gap, that we found in Bill C-31, and it is here to ensure that people with non-residential addresses have the ability to vote at a voting station at the time they show up.

Canada Elections ActGovernment Orders

November 15th, 2007 / 12:10 p.m.
See context

Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

And what their favourite dessert is, that is right. That happens in rural Saskatchewan. It happens in rural Canada.

So the argument that this bill still does not quite capture all of the potential problems or glitches I think is something that has been captured by this vouching system.

Will there ever be a system where absolutely, without question, 100% of individuals who live in this country and are eligible to vote will be able to cast a ballot unimpeded? I do not think so, but I think the chances are very remote that a lot of people will be in that situation. I think that Bill C-31 and this new Bill C-18 will have captured the vast majority of people who are eligible to vote and who wish to vote.

Therefore, I would strongly urge all of my colleagues to stand in this place and give this bill speedy passage. I know that none of us in this assembly want to disenfranchise anyone who lives in rural Canada because of something that was an error, something that was missed in the first piece of legislation, Bill C-31.

To speak of that for just a moment, Canadians watching this debate may ask how this could have happened. How could this bill contain such an obvious error and omission and still get passed into law? I think that is a shared responsibility, quite frankly. It was simply something that was missed. When we were first discussing Bill C-31, the procedure and House affairs committee gave its unanimous consent to bring the bill forward to be presented as a piece of legislation and we just simply missed this.

We also had officials from Elections Canada come before the committee on two occasions to examine Bill C-31. They missed it. No one picked up on the fact that the term “residential address” might cause some problems for Canadians who had a non-residential address. Bill C-31 went through the whole legislative system, passed this place, passed through the Senate, was granted royal assent and became law. It was only after the fact that we found out there was a gap in the legislation. That is why we are taking swift action to rectify this.

I would certainly hope that individuals in this place would recognize that and pass this bill speedily and get it to the Senate, where I hope the other place treats it in a similar fashion and gives it speedy passage so that we can get royal assent for Bill C-18 prior to any impending election.

One last point I should probably touch upon deals with the non-government issued photo ID requirements that I spoke of earlier. If hon. members recall, Bill C-31 contained two provisions for identification. One is to produce a government-issued photo ID stating a person's name and address, such as a driver's licence. Also, if people do not have photo ID, they can give two other pieces of identification, both of which must have their name on it, but only one of which needs to have an address on it. Those pieces of identification come from a list approved by Elections Canada.

Some would ask what kind of identification would be approved by Elections Canada. There are many pieces of identification that would suffice: student ID cards, hospital cards, library cards or even a government-issued cheque stub with a person's name and address on it. Those are the types of things that would be eligible.

Also, because I know the NDP has questions about this and has problems with the fact that we are even asking Canadians to produce identification, what about people in homeless shelters? The NDP says that homeless people do not have identification.

However, we have attestation, whereby a manager, for example, or a supervisor at a homeless centre, could attest to the fact that a person is who she says she is and she resides in that homeless shelter which is part of that riding. We have even gone to those lengths to ensure that, not only for the homeless but for senior citizens who may reside in seniors' centres and who can be attested for by the supervisors or managers of those seniors centres if they do not have proper identification.

I think we have done as much as we possibly could to ensure that there are no individuals disenfranchised, but also to respect the spirit of the original Bill C-31, which is voter integrity to try to prevent voter fraud. The only way, in our estimation and in the estimation of the procedure and House affairs committee, to ensure that voter fraud is eliminated or at least curtailed as much as possible is to have identification presented at the time the individual goes to a polling station.

In other words, I believe Bill C-31 and now Bill C-18 strike the proper balance between the ability of individuals to exercise their franchise and vote in federal elections and, on the other hand, the fact that we want to respect the integrity of the voting procedures and the voting system by ensuring there is no fraud in the voting system.

That, in a nutshell, is the genesis of Bill C-31 and it is why we introduced Bill C-18 to try to correct that gap contained in Bill C-31. Again, I would strongly encourage all of my colleagues in this place to support Bill C-18. I hope we can see its swift passage through this place.

Canada Elections ActGovernment Orders

November 15th, 2007 / noon
See context

Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, it is a pleasure for me to stand today to speak to Bill C-18, verification of residence. It is important for me to put things in context as to how this bill came about and why we are debating it here today.

It all started in the last session with Bill C-31, the integrity of voters, in which we debated at committee and in this place on the plans for the government to introduce legislation that would require voters to produce identification before voting at a polling station in their riding. This was something that was unique. Prior to the bill being passed there were no requirements for visual identification or identification of other sorts prior to voting.

We wanted to make sure that we took appropriate steps to ensure that there would be no voter fraud at any election in the future because we had heard many times from many sources information suggesting that there had been perhaps isolated incidents, but incidents nonetheless, of individuals fraudulently casting ballots in federal elections.

In fact, at committee we heard several examples of how this could occur. Very simply it could occur because someone who wished to impersonate or fraudulently vote in an election could pick up a voter identification card. These are the cards that are sent out to Canadians by Canada Post with their name and address indicating that they are to vote at a certain polling station or certain location in their riding.

Here is an example what would happen in some cases. These voter cards would be sent to apartments and many apartment residents might see it in their post office box, pick it up and just discard it in the garbage bin located in the foyer or their mail box location within their apartment complex. Some individuals then could literally go and take one of these voter cards, walk to the appropriate station on voting day, identify themselves as the person whose name appeared on the voting card, get a ballot and vote. Of course, that is fraud and we want to prevent that.

We had other identified cases in committee where one voter might get three or four voting cards. How would that happen? Simply someone may be named “John Doe” and at another address such as a business location might be named “Johnathan Doe”, or maybe “J.D. Doe”. So there are cases in which the same individual might be listed multiple times and that individual, should he or she wish to do so, would have the ability to go to different polling stations within his or her riding with these various voting cards and say “I am this person”, and then vote multiple times.

We wanted to take steps to ensure the integrity of the voting system and that was the genesis behind Bill C-31. When the legislation was drafted, it contained two provisions in terms of identification. One was that in order to be eligible to receive a ballot and cast a ballot, an individual would have to either show one government issued photo identified piece of identification such as a driver's licence or provide two pieces of identification that Elections Canada had prescribed, one of which would have the residential address on it and both of which would have the voter's name on it. Those two then would suffice and the individual would be able to receive a ballot.

Also, I want to inform all members of the House and all Canadians who may be watching that if people did not have proper identification, they still had the ability to get a ballot and cast a ballot by way of vouching. This quite simply was if someone came to a polling station and said “I live here, I am a resident of this riding, I want to vote and I would like a ballot”, but they did not have proper identification in one of the two prescribed forms that I just identified, they could get someone to vouch for them.

In other words, someone who was eligible to vote, who had proper identification and who lived in the same polling division would be able to say to the returning officer, “Yes, I know this person. This is the person who is who he says he is and he lives in this riding”. In that fashion that individual, without identification, would be able to cast a ballot.

We thought that this was an appropriate piece of legislation. It would sort of cover off all of the bases. It would ensure that there was integrity in the voting system, but at the same time it would place some requirements on voters to actually produce identification ensuring that the integrity within the voting system was paramount.

We debated this. We brought in witnesses. All committee members examined this bill very rigorously. We had officials from Elections Canada come in. We eventually passed this through committee I believe on June 20, 2007. It was later given rapid royal assent, which is unusual with some pieces of legislation in the Senate. I believe it received royal assent on June 22, 2007.

The reason we wanted to get this bill passed as quickly as we could, even though we gave it due diligence and we wanted to make it as expeditious as possible, is because as everyone knows in a minority government situation an election could occur at any time. Also, there were several byelections that were pending. We wanted to ensure that this bill was passed into law before any election took place, whether it be a general election or a byelection.

Recently, in the fall of 2007 there were three byelections in Quebec and this bill was in effect. People were required to produce identification. After the election of the three new members of Parliament, Elections Canada then took a look at how this identification requirement worked and whether it was sufficient.

Lo and behold, Elections Canada found a glitch in the system because the bill contained the phrase “residential address”. In other words, proper identification required someone to produce ID that gave the name and residential address of the voter.

There are many Canadians, approximately a million across Canada, who reside primarily in rural ridings or rural portions of a riding at least, who do not have a “residential address”. They have addresses that are contained in the form of a post office box number or a rural route number or even perhaps a land description. Technically, the way Bill C-31 was worded, those people would be ineligible to vote. Although they had an address, it was not considered to be a residential address.

As soon as the government discovered that we wanted to take rapid action to correct it. Once again we could be on the cusp of a general election. Once again there are several byelections pending. We wanted to ensure that there was no disenfranchised voter in Canada because of this glitch in the legislation that we had passed.

Therefore, we started a very rapid consultation process. I know I personally met with my democratic reform critics from the other parties with a suggested wording and a suggested change to correct this glitch in Bill C-31. We also consulted with Elections Canada.

Basically, what we came up with was a very simple but yet very effective fix to the problem at hand. It is quite simply that anyone who can produce identification at a polling station, name and identification of course, and whose address on their identification was the same as the address on the voters list, regardless of whether it was a residential address or a non-residential address, then that individual would be eligible to vote.

In other words, and I will use myself as an example because I would have been or I am currently I suppose, because this legislation has not yet passed this House, I am one of those disenfranchised voters. I live in a small community in Saskatchewan called Regina Beach. We all have civic addresses. I live at 308 Sunset Drive, yet no one has at home mail delivery. We have post office boxes. So on my identification it says P.O. Box 458, Regina Beach, Saskatchewan. Every single resident of Regina Beach has the same non-residential address, a P.O. box of some fashion and some number.

Under the terms of Bill C-31, since I do not have a residential address I would not be allowed to vote. However, by introducing Bill C-18, which we are speaking on today, the address I have on my identification is the same that appears on the voters list. Therefore, I would be able to get a ballot and vote. It is a very simple and effective fix. We feel this is something that, if all members in this assembly agree, could be passed quickly and I think we should.

Some have argued that it still does not deal with the entire problem and there still may be the odd person here or there who is disenfranchised or potentially could be disenfranchised. For example, if he or she moves into a community and does not have proper identification because the election was held within days of moving to a new location, the individual does not have a new driver's licence or any other identification that shows his or her new residential or non-residential address.

However, we still have the ability, as in Bill C-31, to vouch for individuals. If people are able to provide another person who is an eligible voter to vouch for them, they would be able to cast a ballot. I would suggest that in rural Canada this probably would be easier to do than it would be in urban Canada.

Let me explain. In urban Canada or larger cities, people come and go as houses are sold and new residents move in. It has been my experience that a lot of people in the larger cities do not know their neighbours well. Some do, but in many cases they are very insulated. They have a cocoon-like mentality. They go home at night, lock their doors and do not really notice what is happening around them.

Therefore, if voters in urban Canada or in a larger city have just moved into a new neighbourhood and do not have proper identification showing their new residential addresses, they may find it somewhat difficult to have someone vouch for them because their neighbours may not know who they are. That is usually not the case in rural Canada.

I can use my own small town as an example. If someone new moves into our community, it seems that within hours everyone in the community knows it. They know who the person is, where he or she came from, how many children there are and what the person does for a living.

Canada Elections ActGovernment Orders

November 15th, 2007 / noon
See context

Conservative

Jean-Pierre Blackburn Conservative Jonquière—Alma, QC

moved 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 / 10:35 a.m.
See context

Edmonton Centre Alberta

Conservative

Laurie Hawn ConservativeParliamentary Secretary to the Minister of National Defence

Mr. Speaker, I rather enjoyed my hon. colleague's silly diatribe, or entertaining diatribe I should say. He talked about blowing bubbles. Frankly, I think he was blowing smoke because all parties in the House agreed that something needed to be done quickly. This government has shown leadership by tabling this bill.

We would love to move on to Bill C-18, which is a significant problem that the government has already dealt with expeditiously. We would ask for the opposition's help in doing this. Let us get Bill C-6 behind us. All four parties agreed that this needs to be done, so why are they stalling? Why are they not showing leadership on this issue? They talk about leadership. Let us show some leadership in the House together with the government and get it behind us so we can move on. We need to quit stalling and get on with it.

Canada Elections ActGovernment Orders

November 15th, 2007 / 10:30 a.m.
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Liberal

John Godfrey Liberal Don Valley West, ON

Mr. Speaker, I am so glad the member for the Bloc explained his principles, his good sense, his logic and his understanding of the problem. The problem is that there is no problem. He just told us that in the Quebec general election a grand total of four people showed up wearing veils and they were dealt with under the existing law. Where is the problem?

He says that we are going to correct the situation. What situation? There is no situation.

The problem is that we are being asked to pass a law that is entirely unnecessary. It makes no sense. It was not a problem during the Ontario general election, which has exactly the same rules. It was not a problem during the Quebec general election nor during the Quebec byelections. We do not have a problem.

We have a method of dealing with it. We ask for pieces of identification, which do not need to be photo ID. We ask, in case of doubt, that people take an oath that they are who they are and they will suffer the penalties if they are not who they are supposed to be. We are not here to pass unnecessary legislation where there is no problem.

Worse than that, we are not here to pass coded legislation, legislation that singles out only one group. People often use the phrase “the veiled voting bill” as opposed to the visual identification bill or whatever other Orwellian phrase we are currently using.

It is singling out a specific group of people, Muslim women, who are not part of a problem, who have not asked for this and who are now being asked to say that even though they did not ask for it, they will go along because they want to go along. Why should any group of innocent people in Canadian society who are being singled out for a non-problem be asked to swallow themselves whole simply to get along? What we want is for everyone to participate in society as full members, certainly for newcomers, including Muslim women, veiled or unveiled.

Meanwhile, there are real problems. One real problem is being addressed by Bill C-18, which is leaving a million people off the voters lists. That strikes me as a bit of a problem and yet we are investing all of this energy in a non-problem that has the sideswiping effect for a group of innocent women in this country.

This is a totally ridiculous bill and it is, of course, completely illogical. People can vote by a postal vote and there is no problem at all. People can vote stark naked. They can vote with a blanket over their heads. They can vote under water blowing bubbles as long as they do not get water on the paper. They can do all of that and there is no connection with visual identification. We cannot insist that every Canadian needs to have photo ID because there is no photo ID that all Canadians are required to have.

By the way, Mr. Speaker, I will be splitting my time with the member for Don Valley East, who has much to say on this point.

Canada Elections ActRoutine Proceedings

November 2nd, 2007 / 12:05 p.m.
See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

moved for leave to introduce Bill C-18, An Act to amend the Canada Elections Act (verification of residence).

(Motions deemed adopted, bill read the first time and printed)