Evidence of meeting #19 for Procedure and House Affairs in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was chair.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Clerk of the Committee  Mrs. Marie-France Renaud

March 4th, 2014 / 9:50 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Thank you, Mr. Chair.

It has been a while since I've been afforded the opportunity to actually address the issue before us. There are a number of concerns we have expressed over the days, both formally and informally, in different types of discussions.

I appreciate the fact, Mr. Chair, we do have an agreement that will ultimately see us at least deal with the government's motion. I do believe the government's intent was, if there was no agreement, to force this issue through. I'm glad, in the sense that I'm anticipating now that we'll be able to make some decisions in terms of being able to deal from a steering committee's perspective with the issue of witnesses. We do have witnesses, too, that we would like to come before the committee.

Having said that, there are a number of concerns I would really like to expand upon. The biggest one is just dealing with the process followed by the legislation. I would suggest to you, Mr. Chairperson, in many ways we have to concede the fact that we've lost opportunities here.

We've lost opportunities to deliver a better electoral system to Canadians by the manner in which the bill has been introduced, gone into committee, and will ultimately pass. It's going to go that way because there is a Conservative majority government. They are prepared to use that majority even at the cost of what I believe is important to all Canadians, and that's that sense of fairness in our democratic system.

To go over the process, what we're talking about here is our election laws. We have to put it in the perspective, I would suggest to you, Mr. Chairperson, in terms of the lack of confidence Canadians have, and you cannot blame them given what has taken place since 2011. There have been all sorts of media reports, issues, everything from the robocalls to the in-and-out scandal, to campaign over-expenditures, allegations of cheating, and so forth, all of which I believe has undermined the confidence the public has in our election laws. There is a responsibility for the government to address it. The manner in which they have chosen to do that, Mr. Chairperson, I believe is wrong-headed.

Let's go back in terms of what an obligation is, and I say this, Mr. Chairperson, because I have in a different capacity had the opportunity to work with independent election authorities in the past, in particular Elections Manitoba. So I'm very much familiar with the processing, and how we now have a motion before us today that is just a continuation of an attitude the government has in regard to what I would suggest to you is an assault on true democratic process on very critically important legislation, part of the cornerstone or one of those pillars of our democratic foundation.

What would typically happen, Mr. Chair, is that the independent election authority would be treated with respect and afforded the opportunity to be able to work with different political parties and other stakeholders with the idea of improving our election laws.

Now what we'll see is that Elections Canada did go out of its way in terms of being able to accommodate different changes that could be put into the legislation, and there have been tangible suggestions that have come from Elections Canada. For whatever reasons, Mr. Chairperson, the government has chosen to ignore those.

One of the most significant ones was that Elections Canada was requesting, for example, the ability to compel witnesses. This is something that was of critical importance. We all know that. All political parties were very much aware of that fact, and the government has intentionally left that out. In fact, Mr. Chairperson, they have compounded the problem through the division that was caused with the commissioner and Elections Canada.

There should have been a reaching out to the election authority. There should have been a reaching out by the government to the different stakeholders, and I would ultimately argue, to the opposition parties. That never occurred. What we have before us is a bill that was introduced at second reading. I believe there were two, possibly three, individuals who were afforded the opportunity to address the bill. Shortly after that—I think the third speaker might have finished—the government House leader stood up and moved a motion of time allocation, in essence a form of closure, again, Mr. Chairperson, without any sense of obligation to allow opposition parties to convey the thoughts they have in regard to the bill.

Then—and I believe it was maybe not in this particular room but in La Promenade—we actually met the first time with the committee and we had a discussion about having the minister come forward. What I found very strange about that whole discussion was that in previous committees we were supposed to sit down and have some dialogue as to how the committee would like to deal with the legislation. The government, working with the New Democrats—because, if you recall, I did not agree to it—came to a consensus that we would have the minister come and appear before the committee. We had always believed that it was better to try to get the business at hand done before we would actually have the minister come before the committee.

I would suggest to you, Mr. Chairperson, that from my perspective the steering committee was just not doing its job. It does have a responsibility to the public to ensure that there's some justice in how the legislation is actually being brought into the committee.

I'm hopeful, given the comments both now and prior to the committee getting together, that in fact we will see exceptional goodwill to ensure that all parties will feel content with the number of witnesses that have been called and will be afforded the opportunity to have those witnesses actually appear or at least be offered the opportunity to appear before the committee. We're going to be looking in particular for Mr. Lukiwski's support in regard to that issue.

Mr. Chairperson, where we disagree with the government and the particular motion that has been brought forward is the whole idea of May 1, 2014. Why are we putting this time in place at this point? I don't believe and the Liberal Party does not believe that we should be putting in a date. There is no urgency that says to us that we have to have this legislation passed through here and that the drop-dead date is in fact May 1.

I appreciate that members have made reference to Elections Canada and some of the comments that they have provided, but at the end of the day, this legislation is far too important, and I don't think we should be attempting to limit it in any fashion. If it goes past May 1, we should be open to May 1. I don't believe it's necessary for us to actually have May 1 put into the motion itself. Let's get the committee up and running, but doing that, I do think, would be a mistake.

I would like to believe, in the spirit of goodwill, that we will see a sense of generosity coming from the government in regard to the number of hours that we are going to be able to have as a committee in order to be able to deal with this issue, in terms of the presenters and the clause-by-clause.

We're hopeful. I think it's very important that it gets communicated to the Prime Minister's Office and the minister responsible that there needs to be changes to the legislation. This legislation as it currently stands should not pass, period. We want to see, and believe, that the government has to approach this with an open mind. It's better not to pass this legislation at all, period, then to allow it to continue in its current form and become the law of the land. That would not be appropriate.

We are encouraging in the strongest possible way we can that the minister and the PMO be aware of the fact that there needs to be amendments to the legislation. Some of those amendments could be fairly substantial in their nature. I made reference in terms of the compelling of witnesses. This is something that we've argued for in second reading. This is something that Elections Canada has argued for. This is something that other election authorities in Canada, in my home province, already have the authority to do. There is no real reason for us to deny Elections Canada and the commission the authority to be able to compel a witness. It would be wonderful, the government would be doing a good thing, if in fact it would recognize that particular flaw within the legislation.

The division is an issue. The commissioner is a big issue, in terms of taking it out of Elections Canada. These are the types of presentations that we believe we're going to be hearing a lot about as we go into the committee. That's why it's very important when we see the motion putting a fixed date that everything has to be done by May 1. There are certain aspects, Mr. Chair, that I believe we need to articulate, and articulate well, when the time comes. Whether it's through the presenters who come here or when it comes time for us to talk about the clause-by-clause of the legislation itself, we need to feel that there is not going to be the type of time constraints that are going to continue to demonstrate disrespect for what is absolutely critical legislation, as I pointed out earlier, one of those cornerstones, one of those pillars of our democratic system.

We are not happy with the process to date. We recognize that the government is absolutely 100% determined to get this motion through. Somewhat sympathetic to the frustration that others might feel around the table in terms of why it is that ultimately...and it will pass because they do have that majority, Mr. Chairperson, but it is not the way to go.

As for the issue of going outside of Ottawa, you talk about lost opportunities, Mr. Chairperson, this is something I think is one of the more significant mistakes that PROC as a committee collectively will make because we are not acknowledging the importance of going outside of Ottawa.

I don't want to claim to understand why it is the government is so fearful of going outside of Ottawa. If I was to speculate I suspect that maybe in different locations there might be some people who have fairly hard opinions, in terms of the last few years and the violation of election laws, and might want to come out and participate in some fashion or another, Mr. Chairperson. Sometimes it might not be all positive, but we are a democratic society. We have to allow for individuals in communities across our country to be able to express themselves.

It's not just that we want a presenter to be able to come to the committee so the presenter can express themselves in the city of Winnipeg, or in Calgary, Montreal, or Halifax. That's an important aspect of it, Mr. Chair, but there are other benefits when the committee goes out. If we're going out into those communities, committee members are afforded the opportunity to meet with local individuals who are concerned about the legislation and to have that one-on-one dialogue with people who are concerned about the legislation.

There are people who will present. There are other people who will participate in different ways, maybe just by sitting in on the meetings and listening. They're afforded the opportunity to meet with a number of MPs who have been charged with the responsibility of being able to usher this legislation through. It's a wonderful thing from a public relations point of view for members of Parliament to be able to communicate with Canadians on such a critically important piece of legislation.

In Ottawa.... I hear about the national media, and the national media no doubt does a wonderful job in terms of reporting out of Ottawa, but there's a lot of local media in our communities that would welcome the opportunity to listen in. They might not necessarily have the budget to be able to come to Ottawa, especially if you start talking about things like the ethnic media. Ethnic media is very important. Also, a lot of those rural community newspapers are very important media outlets. They don't have their reporters here.

Why is it important, Mr. Chair, to take the media into consideration? It's primarily because that's the way in which we communicate quite often to the larger masses of individuals. For many Canadians, the opportunity to get a better understanding is through that local media.

Mr. Chairperson, if you could give me a five-minute warning, I would appreciate it.

10:05 p.m.

Conservative

The Chair Conservative Joe Preston

I will do so.

10:05 p.m.

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

So having that opportunity to be able to go to that local media and sit down and have those interviews I think is exceptionally beneficial. It serves the whole system I would suggest to you, Mr. Chairperson.

At the beginning of my remarks, I made reference to the last number of years and all the media attention related to the robocalls, the in-and-out scandal, allegations of cheating, the overspending. All of that stuff has been reported on extensively, Mr. Chairperson. We need...and I believe we saw it in particular in regard to the number of people who have called in, in one fashion or another, to Elections Canada. We're not talking about a few thousand. We're talking about tens of thousands. I've heard that over 30,000 people have actually made concerning calls to Elections Canada.

So there is this, as I pointed out earlier, lack of confidence in the electoral system that's being perpetrated by actions here in Ottawa and by candidates in the most recent election. To be able to do what I would suggest to you is public relations, we could be a very positive committee. I haven't been on the PROC committee for very long. I am told.... Joe, you have commented on how wonderful this committee has been in the past in being able to move forward on some very important issues.

If I look at this issue, it is a very important issue. I think that we have lost the opportunity to be able as a committee to do something good for Canadians, by not allowing us to go coast to coast to coast. There are many communities that would have benefited directly from us having that physical presence in those communities. That's why I say it's sad in the sense that it is a huge loss in terms of an opportunity.

We take at look at it and at the end of the day I would like to think that it's never too late. As Mr. Christopherson, David, talked about, it's amazing what we can do with unanimous support, whether it's of the committee or it's of the House. If individuals could be as optimistic as someone like me and say, “Look, we can turn this thing around and put it back on to the right track”, I believe that we could actually salvage some good here. In fact if we're committed to recognizing that the legislation does have some deficiencies.... To a certain degree the minister has himself indicated this because during that second reading, he seemed to indicate that there could be some deficiency in the legislation.

If we get some mild recognition of those deficiencies and then we have the presentations that will be coming out—and there will be a number of presentations. I suspect what we'll be hearing, Mr. Chairperson, is a great deal of talk about how we can improve the legislation. The critical thing here is going to be how open we are as a committee to listen to what's being said, and not only listen but to actually act upon it. That's going to be the greatest challenge I believe, Mr. Chairperson.

When I look at the record to date and you reflect on the process, you reflect on the content of the legislation, there's reason for us to be concerned, very much concerned. I do believe that there is a responsibility for us, as much as possible, to try to move this thing forward.

The best way we can do that, I believe, is by looking at it. Let's start from the beginning. Who should we be looking at? I made a suggestion through points of order before of some of the other independent election authorities. During the 1990s an incident came up in the Manitoba election. They called it a vote-rigging scandal at the time. It ultimately led to a report to the Manitoba legislature, but an independent commission was put in place and a series of recommendations made. A number of those recommendations were acted on. I think there might be some benefit for us as a committee to be able to hear from the former chief electoral officer from the province of Manitoba.

Why not hear? When I talked about the compelling evidence for Elections Canada to have the ability to compel evidence, members might be surprised at how many provinces currently have that ability: New Brunswick, Nova Scotia, Quebec, Ontario, I've already mentioned Manitoba, Yukon. Maybe we should be looking at some of those jurisdictions and saying why not have one or two of them come forward. After all, Mr. Chairperson, our own Chief Electoral Officer wanted to see this happen.

We like to think that if you violate an election law that at the end of the day Elections Canada will have enough power and authority to be able to investigate the situation and ensure there is some form of a consequence in a timely fashion. I would underline the words “a timely fashion”. It is not good enough for Elections Canada to identify a potential problem and not have the ability to investigate it because someone says they can't recall or they don't have the time to make a presentation. Nothing allows Elections Canada to compel them to testify. Other jurisdictions have that ability. When Elections Canada wants that, why are we not allowing them to be able to have that? Other independent electoral authorities already do.

If you believe we need to have teeth in the legislation, we need to make that amendment, we need to make that change. I don't want when the time comes because we stretched it out and then there's a great deal of debate on certain parts of the legislation and all of a sudden May 1 comes and we have to pass that particular portion. Mr. Chairperson, that's the fear. We should be able to feel comfortable knowing that it's more important for us to make the necessary changes. We don't need a deadline of May 1. That's why it is so important that we approach this thing with an open mind.

I'm anxious. I want to see the presenters. That's one of the reasons why, and trust me it was not easy for me to say that I'll forgo my three-hour shift tonight that I was anticipating in order to address some of the concerns, and condense it into 30 minutes. Mr. Chairperson, at the end of the day I do want to see the presentations begin. But I'm very much concerned that we are selling ourselves short as a committee by putting in the motion, which we are going to be asked to vote on and which you can tell, Mr. Chairperson, I won't be in favour of.... But to put in May 1 is wrong, I believe.

When you take a look at the witnesses who come before us I suspect we are going to see a number of changes. Just the other day we heard from some media outlets that members of Parliament are going to have more authority to see some appointments. Isn't this something Elections Canada should be doing more of?

When I reflect on the way in which things were evolving in my home province of Manitoba, it seemed to be evolving more toward giving Elections Manitoba more authority, more power, because we had faith in Elections Manitoba.

I would suggest to you, Mr. Chairperson, that we need to demonstrate that we have faith and that we believe in Elections Canada. I think more organizations in countries around the world recognize the true independence of Elections Canada because they are constantly in contact with Elections Canada. They are looking for more information from Elections Canada. Here, with the legislation we're seeing—we're going to hear this in some of the presentations—we're telling Elections Canada that we don't want them to go out and do certain types of advertising. We're trying to hold the hand, in certain ways, of Elections Canada.

These are the types of concerns we have that we believe need to be amended in the legislation. These are the types of concerns that we believe presenters will be coming forward with. This is the reason why, if you look at Elections Canada and the role it plays in our democratic system, we have to demonstrate more respect.

We now have a consensus—I see that I have less than a minute to go here—to have the Chief Electoral Officer here on Thursday. We're going to have him before us, and I hope and trust we'll see a demonstration of respect for the institution. There is nothing wrong with asking good, difficult questions. We should be challenging our Chief Electoral Officer, Mr. Mayrand, to be very frank with us in terms of what it is he believes he needs in order to be able to ensure that when someone violates an election law, he has the power and the authority to be able to deal with it, to ensure there's a consequence, and at the end of the day to do it in a timely fashion, because that is not happening today, and we need to ensure that is happening.

That is the reason why, Mr. Chair, I suggest to you that we should vote against this motion. The May 1 deadline is garbage. We should not support this deadline. This legislation is far too important. It needs to be fixed or we should just let it die on the order paper and get it straightened out at another time.

Thank you for the opportunity to say a few words, Mr. Chair.

10:20 p.m.

Conservative

The Chair Conservative Joe Preston

Thank you, Mr. Lamoureux.

Back to you, Mr. Lukiwski.

10:20 p.m.

Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Mr. Chair, as per our agreement, I'd like to call the motion now.

10:20 p.m.

Conservative

The Chair Conservative Joe Preston

I'll call the vote on Mr. Lukiwski's motion.

10:20 p.m.

NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

I would like a recorded vote, please.

10:20 p.m.

Conservative

The Chair Conservative Joe Preston

Sure. We can do a recorded vote. We have a lot less people in the room, so it's a lot easier.

(Motion agreed to: yeas 5; nays 4)

The motion carries, so we now have a motion.

Before we adjourn this evening, on Thursday if at all possible, and it sure looks like it is, Monsieur Mayrand will be here for an hour and a half.

10:20 p.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Chair...?

Yes.

10:20 p.m.

NDP

David Christopherson NDP Hamilton Centre, ON

If I may, I just wanted to clarify that the business section will remain in public on Thursday.

10:20 p.m.

Conservative

The Chair Conservative Joe Preston

Yes, well, of course it's always up to the will of the committee when we—

10:20 p.m.

NDP

David Christopherson NDP Hamilton Centre, ON

I'm seeking the will of the committee now to get a sense of where we'll be.

10:20 p.m.

Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

I mean, unless there's something.... If we're talking about future committee business for these hearings, such as witness lists, scheduling of meetings, and things like that, I have no difficulty with that.

But while I have the floor, there's one suggestion I could have for the opposition members, and that's to try to submit your witnesses to the clerk as quickly as possible.

10:20 p.m.

Conservative

The Chair Conservative Joe Preston

I was going to get to that.

10:20 p.m.

Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

That way, when we engage in this conversation, we're actually trying to deal with a finite number—

10:20 p.m.

A voice

Are you the chair?

10:20 p.m.

Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

—or at least we'll have a good sense of what we're looking at.

10:20 p.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Sorry, you're looking for that much detail by Thursday, or just...?

10:20 p.m.

Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

No, no, I'm just saying get the witness lists in as quickly as you can, because it will be a fluid kind of situation, I'm sure.

10:20 p.m.

Conservative

The Chair Conservative Joe Preston

We're really getting automated here. We're going to go paperless as a committee, and somehow we can now go chairless.

10:20 p.m.

Voices

Oh, oh!

10:20 p.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Only for a while, Chair, only for a while.

10:20 p.m.

Conservative

The Chair Conservative Joe Preston

It just kind of happens around here.

10:20 p.m.

Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

[Inaudible--Editor]...pointed out to me, Chair, you cut me off.

10:20 p.m.

Voices

Oh, oh!