Procedure and House Affairs Committee on April 8th, 2014

[The Chair, Conservative, Joe Preston]

Thank you.

Ms. Salvatore, did you have any opening comments?

[Ann Salvatore, Acting Assistant Deputy Commissioner, Criminal Matters Branch, Competition Bureau]

No, I don't have anything more to add to Mr. Bilodeau's opening statement.

Thank you.

[The Chair, Conservative, Joe Preston]

Ms. Kenny.

[Marie-France Kenny, President, Fédération des communautés francophones et acadienne du Canada]

Thank you very much.

I would like to take a few minutes to clarify one point and I hope that this time will not be taken off my five minutes.

I am the sole proprietor of two businesses, one of which is a consulting business that has had Elections Canada contracts. When I became President of the FCFA I entrusted the management of my two businesses to a third party. I therefore cannot tell you if that business still has contracts with Elections Canada at this point in time. However, I would be happy to give you any information you require. I can provide you with copies of current or previous contracts if the committee so wishes.

That said, I am appearing today as President of the FCFA of Canada and it is in that capacity that I will be speaking.

Thank you for inviting the Fédération des communautés francophones et acadienne du Canada to appear before you today.

The FCFA is the principal spokesperson for 2.6 million Canadian men and women who speak French in nine provinces and three territories. The federation's mission is to foster the vitality of francophone and Acadian communities, support the promotion of linguistic duality throughout the country and advocate for the rights of French-speaking Canadian men and women in minority situations. The federation also plays a leadership role with the network of organizations and institutions within the Canadian francophonie.

To our knowledge, no one has to date examined Bill C-23 from the perspective of the obligations set out in the Official Languages Act. That is what we will be speaking about today. In that sense, there are two aspects of Bill C-23 that we are greatly concerned about.

I will speak first about section 7 of the bill.

The changes proposed in the bill will put an end to the Chief Electoral Officer's power to communicate with the public in order to inform them about the electoral process. From our communities' perspective, this would mean that the Chief Electoral Officer would no longer be able to initiate information programs in order to promote participation in the democratic process by francophone citizens in minority communities.

That civic education and public information role would be left to political parties. However, contrary to the Chief Electoral Officer, they are not bound by the Official Languages Act. So how will francophones be encouraged to vote in those areas where our communities are either spread far apart or where they are a very small minority? Will anyone bother?

Restricting the ability of the Chief Electoral Officer to communicate with francophone minority communities goes against the spirit of part VII of the Official Languages Act. Under part VII, the federal government is committed to enhancing the vitality of English and French minorities in Canada and supporting their development, as well as fostering the full recognition and use of both English and French in Canadian society.

The FCFA is therefore opposed to the proposed changes under section 7 of the bill. In fact, if any change is made to section 18 to the Canada Elections Act, it should be with a view to strengthening the Chief Electoral Officer's obligations towards official language minority communities. A provision could be added that would clearly define the Chief Electoral Officer's role in promoting civic participation of these communities by exercising their democratic rights. That is what we recommend to this committee.

We are equally concerned about the changes being proposed under sections 18, 19, 21 and 44 of the bill.

Currently, under the Canada Elections Act, deputy returning officers and poll clerks are appointed based on a list of candidates provided by the party that came first or second in that riding during the previous election. This current provision is already very problematic for francophone citizens who wish to receive services in the official language of their choice at polling stations.

Far from resolving this problem, the proposed changes extend this process to other positions, including that of central poll supervisor, and add party associations and political parties to the list of bodies that can recommend candidates for these positions. Neither the candidates, nor the party associations, nor the political parties themselves have any obligations under the Official Languages Act. This means that Elections Canada, a body that is, would no longer be able to ensure that the candidates on those lists for election officers' positions would be able to comply with those obligations.

How will we be able to prevent that situation from getting worse in a context where Elections Canada is not able to ensure that election officers have the ability to provide services in both official languages?

The FCFA is therefore opposed to the measures proposed in sections 18, 19, 21 and 44 of Bill C-23.

The FCFA also recommends that the positions being filled by the same process under the current Canada Elections Act be filled through Elections Canada and not through a list submitted by the candidates, who are not bound by the act.

The democratic rights guaranteed by the charter not only include the right to vote, but also the right to effective representation and the right to play a significant role in the electoral process. In our opinion, Bill C-23 in its current form infringes on the right of electors in francophone and Acadian communities to exercise their rights.

Thank you. I am happy to answer any questions you may have.

[The Chair, Conservative, Joe Preston]

Thank you very much. Merci.

We will go to questions first.

Mr. Reid, you have seven minutes, please.

[Scott Reid, Conservative, Lanark—Frontenac—Lennox and Addington, ON]

Thank you, Mr. Chair.

My first question is for Ms. Kenny.

Does current legislations stipulate the right to vote and to communicate with Elections Canada in one of the two official languages anywhere in the country? Are there any limits to those rights for individuals living in areas that are almost entirely francophone or anglophone?

[Marie-France Kenny]

The legislation stipulates that in regions that are designated bilingual, for example regions where at least 5% of the population is made up of francophones, Elections Canada must provide services in French.

I will tell you about my personal situation. I am an elector in Tom Lukiwski's riding, whom I would like to greet in passing. During the last election, I went to the advance polls. When I went to my polling station, there were no French-language services. There was a huge fuss to figure out how I was going to be served. It was the people who were already there and who were waiting their own turn who helped me vote in French.

That is a problem that will only become worse if positions are filled based on lists provided by parties, associations and candidates.

I do not know if the candidates in my riding have a list of bilingual individuals. Perhaps Mr. Lukiwski could answer that question. It may be that in places like Regina, Lethbridge, Port au Port, Newfoundland and Labrador, candidates will not be able to provide lists of individuals who are able to fulfil their duties in French.

[Scott Reid, Conservative, Lanark—Frontenac—Lennox and Addington, ON]

The Chief Electoral Officer must, by law, table a report after each general election. Has he used that report to show that service has been provided in both official languages to the fullness of his abilities under his obligations in the Official Languages Act?

[Marie-France Kenny]

I am going to be absolutely frank with you: I have not read the most recent report of the Chief Electoral Officer.

[Scott Reid, Conservative, Lanark—Frontenac—Lennox and Addington, ON]

Like most Canadians.

[Marie-France Kenny]

Yes.

I can, however, tell you about our reality. I described my own situation. We do, however, have access to French-language services in most offices. Sometimes the effort is made, but not always. It depends on the region you live in.

If institutions bound by the act already have trouble filling those positions, I cannot imagine how they will manage to do so based on lists that will have been drawn up by individuals or bodies who have no obligations under the act. That is what we are saying today.

There are problems in some regions. This varies from one election to another and from one riding to another.

[Scott Reid, Conservative, Lanark—Frontenac—Lennox and Addington, ON]

Let's move on to something else.

Section 7 of Bill C-23 would replace section 18 of the Canada Elections Act by the following:

18. (1) The Chief Electoral Officer may provide the public, both inside and outside Canada, with information on the following topics only:

(a) how to become a candidate;

(b) how an elector may have their name added to a list of electors...;

(c) how an elector may vote under section 127 and the times, dates and locations for voting;

(d) how an elector may establish their identity and residence...;

(e) the measures for assisting electors with a disability to access a polling station or advance polling station...

Perhaps we need another paragraph indicating that the Chief Electoral Officer has an obligation to inform Canadians of their language rights in an election and when dealing with Elections Canada. He could provide them with information on, for example, where they can vote in the language of their choosing as well as any other rights they have.

[Marie-France Kenny]

I think it is a great idea to make sure francophone Canadians know they have the right to vote in French all across Canada, or at least in regions that are designated bilingual.

In addition, Elections Canada has developed some tools that, I know for a fact, our communities are using. One is a guide called “Je peux voter!“ (I can vote!), for people with French as a second language. For example, a newcomer from Morocco with French as a second language, or with low literacy skills, can consult these tools developed by Elections Canada. These tools are for people with low literacy skills, and they are being used.

I know there are some kits being used in French-language schools here and there to encourage young people to set up a student council, for example. These tools educate our young people on the election process.

I always use my riding as an example. I am sorry, Mr. Lukiwski, but I happen to be a voter in your riding. That said, I have never seen a bilingual election sign in my riding. The only bilingual thing I have seen in my riding is what Elections Canada was producing. These were products you would see as you went into the polling station. I have never seen an election sign asking for people to vote for so and so in French. Mr. Lukiwski, correct me if I am wrong, but I have never seen that from any party.

[Tom Lukiwski, Conservative, Regina—Lumsden—Lake Centre, SK]

I should probably interject here as a point of order to let Ms. Kenny know that under the new boundaries redistribution, I won't be representing Regina anymore. I'm starting to get a sense that may be a good thing for me.

[Voices]

Oh, oh!

[Marie-France Kenny]

And here I was expecting to see a French sign from you, Mr. Lukiwski.

[The Chair, Conservative, Joe Preston]

If I can rule, that's not a point of order.

Madam Latendresse, you're up please. I don't know what the split is here, so tell me.

[Alexandrine Latendresse, NDP, Louis-Saint-Laurent, QC]

No problem. I will get right to it.

Actually, I just have a few quick questions for Ms. Kenny too.

First of all, thank you for supporting the bill I put forward requiring officers of Parliament to be bilingual. It was supported by all parliamentarians. It would be nice if there were unanimous support for this bill too. It is every bit as important in this case for us to reach an agreement and find consensus.

Can you give us any examples of things Elections Canada has done with people in your community to promote the right to vote and boost voter turnout?

[Marie-France Kenny]

First of all, the tool I referred to, for people with low literacy skills, has been widely used in our communities, particularly by organizations that assist newcomers or that do literacy work. It is an educational tool. It helps people understand the election process. Tools like that have a much broader reach than what is contemplated in the bill.

Second, there are tools designed to inform young people in our communities. You know, young people in official language minority communities don't have very many tools available to them. But now, they have some tools to help them organize activities in their schools. In our view, these tools are important. They get a lot of use in our schools.

[Alexandrine Latendresse, NDP, Louis-Saint-Laurent, QC]

Thank you.

It's very interesting to discuss this bill from the standpoint of official languages. You are the first one to raise that dimension.

I am going to give the rest of my time to Mr. Scott.

[The Chair, Conservative, Joe Preston]

Mr. Scott, you have just about five minutes.

[Craig Scott, NDP, Toronto—Danforth, ON]

Thank you all for being here.

I'd like to start with a couple questions to our guests from the Competition Bureau. The first question is about section 11 of the Competition Act, which provides for the possibility of a judicial order for oral examination. The Competition Bureau can go and basically.... We've been discussing getting a judicial order to be able to compel testimony. There's been a lot of talk of a need for that within the Elections Act.

My question is this. Are there safeguards in that provision against abuse with respect to the person who may be ordered to be a witness? Do you think they're adequate or can they be, in light of maybe new case law? If we were to draft a similar provision in the Elections Act to section 11 in the Competition Act, is there anything you would update it with by way of safeguards?

[Richard Bilodeau]

I can only speak to what we do at the Competition Bureau and how we use section 11. Section 11 has three parts to it. Section 11(1)(a) allows the commissioner to seek from the court an order compelling somebody to provide oral testimony under oath. Section 11(1)(b) does the same thing in regard to documents from businesses or individuals, and 11(1)(c) provides for information that can be written questions put to a business or person and then written responses to those questions.

So before we get to the ability to seek a section 11 order, the commissioner has to initiate what we refer to as a section 10 inquiry. He has to have reasons to believe that either an offence has occurred under the act or an order from the competition tribunal, for example, could be made under Part VIII or Part VII.1 of the act. Only then, when we are in inquiry, can we go to a court and ask the court to issue a section 11 order. Now to do that we do—

[Craig Scott, NDP, Toronto—Danforth, ON]

So there are already some kind of reasonable grounds to be wanting this?

[Richard Bilodeau]

Well, to go to the threshold for a section 11 order, we need to provide the court with an application. Essentially it's an affidavit setting out the grounds why we are asking for a section 11 order. There are two tests essentially: that we are under inquiry and that the target of the section 11 order that we're seeking has information that is relevant to the inquiry. So the information has to have a link to the inquiry that we're conducting. Only then can the court consider issuing the section 11.

When we do draft our section 11—and we do draft the order and we draft the questions that we're looking for when it comes to documents, written records, and written responses—we take great care to make sure that we're asking only for information that we need for our investigation. We're balancing the need for our investigation and being too broad in terms of the questions that we're asking.