Evidence of meeting #30 for Procedure and House Affairs in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was elections.
A recording is available from Parliament.
11:30 a.m.
Chief Electoral Officer, Elections Canada
I think that would be speculative. I think the commissioner has to carry out his investigation and determine all the facts.
11:30 a.m.
NDP
David Christopherson NDP Hamilton Centre, ON
Okay.
Do you have all the tools you need? I know that you have the financial resources, because you can draw upon the consolidated revenue fund, which gives you basically unlimited resources. What about legislative tools for these specific investigations? Do you have all the tools you need?
11:30 a.m.
Chief Electoral Officer, Elections Canada
Well, as I said, these are penal investigations, so the commissioner can draw on the various tools that exist in the Criminal Code. For instance, some of the things that have been reported are around ITOs, which is a procedure provided in the Criminal Code to secure information. I will in due course come back with a report suggesting maybe some areas where tools can be improved.
11:30 a.m.
NDP
David Christopherson NDP Hamilton Centre, ON
So you do have a sense that there's some improvement that could be done, and you'll come back to us with those recommendations—
11:30 a.m.
NDP
David Christopherson NDP Hamilton Centre, ON
—as you have in the past with others that hopefully we're going to make some gains on.
Do you currently have the power to compel witnesses to appear before you and to put them under oath? Can you give them any kind of immunity? When you're dealing with witnesses in your investigation, what is the extent of your powers?
11:30 a.m.
Chief Electoral Officer, Elections Canada
There's no power to compel an individual either to appear or to produce documents. For documents, it requires a court order. Again, the commissioner and the investigator have the same authority as investigators under the Criminal Code—no more, no less.
11:30 a.m.
NDP
David Christopherson NDP Hamilton Centre, ON
Does that do it? Okay. Thank you, Chair.
Thank you, sir.
March 29th, 2012 / 11:30 a.m.
Liberal
Marc Garneau Liberal Westmount—Ville-Marie, QC
Thank you, Mr. Chair.
Good morning, Mr. Mayrand, and thank you for your participation. I would also like to thank Mr. Perrault and Mr. Molnar.
You said that there were about 800 complaints among the 40,000 people who contacted you. You said those complaints came from 10 provinces and one territory.
Could you provide us with the number of ridings for those 800 complaints?
11:30 a.m.
Chief Electoral Officer, Elections Canada
Yes. Almost 200 ridings across the country.
11:30 a.m.
Liberal
Marc Garneau Liberal Westmount—Ville-Marie, QC
I would like to ask you, with those 800 complaints, how is that funnelled down into individual cases that have been brought before the elections commissioner? I'm sure some of them deal with the same potential offence. How is that worked down into a number of specific files, if you like, that are going to be or are being investigated by Elections Canada?
11:30 a.m.
Chief Electoral Officer, Elections Canada
Well, that's really a matter for the commissioner. I'm not sure I fully understand the question. We've put in additional resources to deal with the intake of all the complaints and contacts we're receiving. There is a preliminary triage taking place, as you would have read in the newspapers. Many of the complainants have already been contacted by personnel from the commissioner's office. It's following its course.
11:30 a.m.
Liberal
Marc Garneau Liberal Westmount—Ville-Marie, QC
Okay. Thank you.
You mentioned in your introductory remarks that you would be submitting a report within a year. I just want to be 100% clear that that's within a year of today--or is it within a year of the last election?
11:35 a.m.
Chief Electoral Officer, Elections Canada
Not a year from the last election—
11:35 a.m.
Voices
Oh, oh!
11:35 a.m.
Chief Electoral Officer, Elections Canada
—I can assure you of that. It's within a year or as soon as possible.
11:35 a.m.
Liberal
Marc Garneau Liberal Westmount—Ville-Marie, QC
As soon as possible. Okay.
As you know, there are court challenges involving eight ridings at the moment, seven of them from the Council of Canadians, and one in Etobicoke Centre. As you pointed out, an elector is free to go in front of a court and challenge the result of an election on the grounds that it was not done properly and ask that it be overturned. Does that process go forward regardless of....? Does it have to wait until your report comes out a year from now—
11:35 a.m.
Chief Electoral Officer, Elections Canada
It's totally independent. The electors who are bringing those proceedings will have to present their own evidence.
11:35 a.m.
Liberal
Marc Garneau Liberal Westmount—Ville-Marie, QC
Similarly, if there are other court challenges that arise in the days to come, they can go forward in the same fashion?
