Evidence of meeting #44 for Access to Information, Privacy and Ethics in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was elections.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Marc Mayrand  Chief Electoral Officer, Elections Canada
François Bernier  Director, Legal Services, Elections Canada

4:25 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

That's not an accurate reading of the new version of the manual.

4:25 p.m.

Conservative

Gary Goodyear Conservative Cambridge, ON

Okay. Can you tell the committee—

4:25 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

The other thing I would like to point out is that the latest version of the manual, of course, would apply to the next election and not the previous one.

4:25 p.m.

Conservative

Gary Goodyear Conservative Cambridge, ON

Oh, that's very good to know. Thank you for making that clear.

Can you tell the committee how and when the process that led to the March 2007 revision began? When did you begin rewriting the manual?

4:25 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

As you know, I wasn't in the position at that point in time. I would have to come back to the committee. But I am pretty sure that has been raised before the Federal Court too.

4:25 p.m.

Conservative

Gary Goodyear Conservative Cambridge, ON

We'll be here tomorrow. Perhaps you can enlighten us on that tomorrow.

Did Elections Canada propose that Parliament amend the definition of “election expense” in section 407 of the act to clarify it? Did you ask Parliament or propose to Parliament that the act be changed?

4:25 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

No. The provision is quite clear.

4:25 p.m.

Conservative

Gary Goodyear Conservative Cambridge, ON

The provision in the act, though, does say “candidate” and “party”, “registered party”. That's great. That's good to know. So you didn't ask Parliament to amend the definition?

Did Elections Canada make any report to Parliament about any difficulty in the interpretation of the election expense in section 407 of the act? Was there any report?

4:25 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

I'm not personally aware of any. I would have to come back to the committee on this matter.

4:25 p.m.

Conservative

Gary Goodyear Conservative Cambridge, ON

Did Elections Canada have any discussions whatsoever with any registered party before changing the handbook?

4:25 p.m.

Chief Electoral Officer, Elections Canada

4:25 p.m.

Conservative

Gary Goodyear Conservative Cambridge, ON

Who benefits from advertising in an election? Is it the party? I guess what I'm asking is, who gets the vote? Is it the candidate or the party?

4:25 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

Electors vote for candidates.

4:25 p.m.

Conservative

Gary Goodyear Conservative Cambridge, ON

The act clearly states that a candidate can choose which way would most benefit him or her in the application or the allocation of the vote.

4:25 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

That is correct, and that's what the new manual says.

4:25 p.m.

Conservative

Gary Goodyear Conservative Cambridge, ON

But that was not in effect in the 2006 election--correct?

4:25 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

It was in effect in the older version. It's made even clearer with the new one. But again, it's a matter that's been argued and will continue, I'm sure, to be argued before the court.

4:25 p.m.

Conservative

Gary Goodyear Conservative Cambridge, ON

Is that the end of my round?

Thank you, Mr. Chair.

4:25 p.m.

Liberal

The Chair Liberal Paul Szabo

That's the end of the round. Thank you.

Thank you, colleagues, for your patience in going through this first part. We've had some discussions. We still have a very brief discussion--maybe five minutes--if I understand the agreement among all the parties here with regard to future witnesses.

That means, Mr. Mayrand and Mr. Bernier, that you are excused for today. We look forward to hearing you again tomorrow at 10 a.m.

Discussions have been held with the parties, and as we did with the witnesses for the Mulroney-Schreiber hearings we held, the parties came to the agreement that each of the parties would submit its list of proposed witnesses. I believe it worked reasonably well. I think it's very difficult for members to start to anticipate or to debate individuals. I think we would like to see the proposals come from each party.

What I'm proposing again to the committee is that the members of each party submit to the clerk, no later than 10 a.m. tomorrow, their list of proposed witnesses, which will include the name of the person and their title or any other identifying information so that we know their affiliation. For instance, “John Doe, official agent for Mrs. Smith” would be helpful. But Mr. Tilson also added a sentence or two in his motions to explain the relevance of the proposed witness. That would be helpful to the committee in determining whether or not we should hear from the proposed witness.

When these lists of proposed witnesses, with identification and a declaration of relevance, are submitted to the clerk, the clerk will consolidate the lists, eliminate duplicates, and group them by like witnesses. The consolidated list will be translated into both official languages and circulated to the full committee before we break at noon, so that the committee members will have an opportunity to discuss their preferences with regard to the consolidated witness list. We will come back after we have completed the questioning of Mr. Mayrand and Mr. Bernier, and then we will work through the proposed consolidated witness list to the satisfaction of the committee members, if that's acceptable.

Is that agreeable to the members?

4:25 p.m.

Some hon. members

Agreed.

4:25 p.m.

Liberal

The Chair Liberal Paul Szabo

Mr. Dhaliwal has a question.

4:30 p.m.

Liberal

Sukh Dhaliwal Liberal Newton—North Delta, BC

Yes, Mr. Chair.

I would like to add that as the chair, because you have the list of witnesses, you are going to call those witnesses.

4:30 p.m.

Liberal

The Chair Liberal Paul Szabo

You're way ahead of us. I don't have a list. I won't see a list until you all get it, because this information is going to the clerk, not to the chair.

4:30 p.m.

Liberal

Sukh Dhaliwal Liberal Newton—North Delta, BC

But you have the power to subpoena those witnesses.

4:30 p.m.

Liberal

The Chair Liberal Paul Szabo

You're ahead of me. We'll deal with establishing all these details tomorrow. I'm simply asking members today, if it's acceptable, that tomorrow, no later than 10 a.m., each party's proposed witness list be submitted to the clerk, with identification and a statement of relevance, as Mr. Tilson has done. We will then work on them after we have finished with our two witnesses tomorrow, until we finish.