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

2:40 p.m.

Liberal

Charles Hubbard Liberal Miramichi, NB

Thank you, Mr. Chair, and thank you, Mr. Mayrand, for a very good presentation this morning outlining the Elections Act.

First of all, when you assumed your position, your predecessor indicated there might be a problem. You said that this morning.

2:40 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

That is correct.

2:40 p.m.

Liberal

Charles Hubbard Liberal Miramichi, NB

That is correct. And the problem centred around the group Retail Media and expenses that were submitted by 50 to 60 members of the Conservative Party. Is that correct?

2:40 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

Sixty-seven—

2:40 p.m.

Liberal

Charles Hubbard Liberal Miramichi, NB

Sixty-seven members.

2:40 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

—candidates or agents.

2:40 p.m.

Liberal

Charles Hubbard Liberal Miramichi, NB

And with that, Mr. Mayrand, it became evident that when you totalled that amount of money and you looked at the submission from the Conservative Party of Canada, that money was allocated to the national party and would put that party over its spending limit. Is that correct?

If you put that money on top of what they submitted as the national party's amount of spending, it would put that party over the elections limit.

2:40 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

Correct, according to the last return filed.

2:40 p.m.

Liberal

Charles Hubbard Liberal Miramichi, NB

And that would place them in jeopardy, with a semi-criminal offence, where there could be punishment for its agent of up to five years of imprisonment.

Is that correct?

2:40 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

I believe so, yes.

2:40 p.m.

Liberal

Charles Hubbard Liberal Miramichi, NB

Mr. Chair, I'm rather taken aback by the Conservative Party—with the government's position, that is—attacking Elections Canada. Elections Canada, to my understanding, has been around the world advising other countries on behalf of the United Nations and other agencies on how to conduct elections.

Mr. Mayrand, could you tell us what other countries you've participated in, and were there ever complaints from any party in another country, other than the Conservative Party of Canada, saying that you're unfair and prejudiced in what you have done?

2:40 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

There were a number of missions carried out over the last several years. Afghanistan comes to mind, as do Iraq and Haiti, the two main ones.

We also have extensive collaborative arrangements with many jurisdictions around the world. I was in Mexico last week to discuss some of the challenges that Mexico is facing in the area of political financing and advertising and how they are going about implementing new legislation in that jurisdiction.

Again, throughout the world, we have various missions or exchanges with other electoral bodies.

2:40 p.m.

Liberal

Charles Hubbard Liberal Miramichi, NB

With the 67 or 68 official agents and some of the so-called people who won elections, some of whom are privy councillors today, when they signed off within four months of the election on a report of their election expenditures, each of them would have declared, to the best of their information, that what they had submitted to you and your office was correct and under the proper guise of the Elections Act. Is that correct?

2:40 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

Correct. That declaration is required with the return.

2:40 p.m.

Liberal

Charles Hubbard Liberal Miramichi, NB

As members of Parliament, we sign off on these reports, reviewing them and understanding that what we submit is fair, is opaque, is transparent, and is public knowledge, in terms of what our expenses were in getting a person or a candidate elected in a given constituency. Is that correct?

2:45 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

And I would add, in compliance with the requirements of the act, yes.

July 15th, 2008 / 2:45 p.m.

Liberal

Charles Hubbard Liberal Miramichi, NB

When we talk about the police raid--the Conservative Party, in fact, seems to want to deal entirely with the raid.

I've never seen a raid or participated in one, but I understand that when they come to a building, they cordon it off and somebody will stand at the door and the public who walk by will know that the police are involved and that something is happening within that building or general area. Is that correct?

2:45 p.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

Not necessarily; it depends on the operation.

Here the premises were located in a commercial building. So it was only the specific premises in that building, and there was no reason to cordon off the whole building.

2:45 p.m.

Liberal

Charles Hubbard Liberal Miramichi, NB

But it is a public building and the public could go there and see a raid taking place. Is that correct?

2:45 p.m.

Chief Electoral Officer, Elections Canada

2:45 p.m.

Liberal

Charles Hubbard Liberal Miramichi, NB

From your evidence, you said that two and a half hours after the raid began, suddenly the press arrived. Would it not be normal for some person walking by to say, “Lo and behold, the Conservative Party is being raided this morning and the Ottawa Citizen should get a reporter out there to see what's happening”? I mean, that's quite understandable, Mr. Chair, and I think that would be the main point.

I'm very sorry to hear members of the government accuse you and your office of being part of this so-called “making this thing public”. It's certainly a very public building and it's a public place.

Thanks, Mr. Chair.

2:45 p.m.

Liberal

The Chair Liberal Paul Szabo

Do you have any comment, Mr. Mayrand?

2:45 p.m.

Chief Electoral Officer, Elections Canada

2:45 p.m.

Liberal

The Chair Liberal Paul Szabo

No comment. Thank you.

We will now move to Mr. Tilson.

2:45 p.m.

Conservative

David Tilson Conservative Dufferin—Caledon, ON

Thank you, Mr. Chairman.

There have been, certainly, well-founded concerns of leaks—alleged leaks—from Elections Canada to the Liberal Party. The Conservative Party, therefore, has good reason to be concerned with the security of proprietary documents that Elections Canada has in its possession.

My question to you is, what security is there at Elections Canada with respect to documents such as this?