Bill C-31 (Historical)

An Act to amend the Canada Elections Act and the Public Service Employment Act

This enactment amends the Canada Elections Act to improve the integrity of the electoral process by reducing the opportunity for electoral fraud or error. It requires that electors, before voting, provide one piece of government-issued photo identification showing their name and address or two pieces of identification authorized by the Chief Electoral Officer showing their name and address, or take an oath and be vouched for by another elector.
It also amends the Canada Elections Act to, among other things, make operational changes to improve the accuracy of the National Register of Electors, facilitate voting and enhance communications with the electorate.
It amends the Public Service Employment Act to permit the Public Service Commission to make regulations to extend the maximum term of employment of casual workers.

Canada Elections Act

[Dawn Black, NDP, New Westminster—Coquitlam, BC]

Mr. Speaker, I am pleased to have an opportunity to address Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act.

I would like to commend my colleague from Ottawa Centre for the wonderful job he has done in dealing with the bill and for pointing out some of the concerns that the New Democratic Party has with respect to the bill.

Canadians are becoming increasingly concerned about their own privacy. They are concerned that their names may now end up on a no fly list or banks may refuse to remit money to them because of their country of origin. They are also concerned about cyber criminals hacking into their credit card and debit card information.

Identity theft is an increasing concern. Organized crime is involved in identity theft. Police services across the country are warning us about identity theft. They are urging us to take great precautions around our own privacy information so that we do not become victims of identity theft.

Ordinary Canadians also feel a sense of vulnerability because of a lack of protection by the government of their private information. It is really shocking that the House of Commons is now being presented with a bill that would make the privacy of average citizens even more vulnerable to theft.

The intent of the bill is to crack down on potential voter fraud, a goal that all Canadians can support. The New Democratic Party wants to ensure there are no opportunities for voter fraud. While this is an admirable goal, the bill misses the point. It really puts forward a set of problematic remedies.

Voters will be shocked to learn that in the next federal election their dates of birth will be printed on the voters list. Why is that? Presumably the best interpretation is that returning officers will be able to use this information to verify if the voters are indeed who they say they are. The bill would require all voters to provide government issued photo identification in addition to a special identifier that would be given to each voter. We really question the necessity of birth date information being on the voters list.

If that provision is not bad enough, the Bloc put forward an amendment at committee which was passed with the support of the Liberals. The amendment would allow birth date information to be shared with all political parties. Why would that be? Political parties do not need to know the birth dates of their neighbours. My colleague the member for Ottawa Centre opposed this amendment at committee for obvious privacy reasons.

When political parties are dealing with voters lists, that information is shared with scrutineers who work for each political party. There would be no protection against the information getting into public hands and perhaps even into the hands of criminals involved in identity theft.

The real reason for political parties to have this information has nothing to do with voter verification. The Liberals who supported the Bloc amendment and the Conservatives who are now supporting it at third reading simply want as much information as they can possibly get so they can target demographic groups during election campaigns. I am convinced they will also use this information for fundraising purposes. This is the kind of information that people in direct sales or marketing would be delighted to get their hands on.

It is appalling that those three political parties would be pushing for political parties to have that kind of personal data on people. If they really cared about potential voter fraud, they would not devise a system that is in effect an identity theft kit for would-be criminals, now sponsored by the government putting out that information.

If they were really serious about amending the Canada Elections Act to help prevent voter fraud, instead of exposing people's private information they would have taken into account the measures that my colleague from Ottawa Centre has put forward. Those measures include making sure that all voter cards are sent in envelopes addressed to the voters. In that way, if the person no longer resides at the address, the card would be returned to Elections Canada and not left at the address for someone else to pick up and use in some kind of fraudulent manner.

They would also have universal enumeration, the way we used to do it in Canada, so that an accurate voters list would be in place and not open to fraud. They would allow people who are not on the voters list to swear a statutory declaration on election day at the polling station so that the polling station employees could verify the identify of the voter. This has been done in the past and it has worked well. I do not understand why it has been taken out of Bill C-31.

The people who are most vulnerable to lose their opportunity to vote, to be disenfranchised, are the most vulnerable people in our society. They are women who may be in a shelter for battered women who do not have a fixed address to register at, or they may be homeless people who are also residing in a shelter, or people who have moved. It will be the disabled, the people who are ill who will lose their opportunity to vote. That is a very serious thing.

This may result in the bill going to the courts because of these issues and also because of the privacy issues.

I am sure that all Canadians will be distraught when they find out about the changes that are put forward in this bill and how they will actually impact vulnerable people on voting day, and also the issue of privacy.

I urge the government to consider changes to this bill that will make it a bill that all Canadians can support and so that Canadians do not have to worry about the privacy issues.

The House resumed consideration of the motion that Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act, be read the third time and passed, and of the motion that this question be now put.

[Serge Cardin, Bloc, Sherbrooke, QC]

Mr. Speaker, as I said in my speech, I have been through eight elections. During my first election, I must admit that I was a little naive and I did not believe that fraud existed. If I had looked at the Chief Electoral Officer's reports and they indicated there had been one or two cases, then I could have said I was right. But since 1982, in the last eight elections, in which I have taken part, I have seen for myself that, unfortunately, a lot of people have tried to abuse the system.

What matters is that the people who have the right to vote can vote and those who do not have the right to vote cannot. With more specific pieces of identification, we will ensure that people have the right to vote. After that, we want to ensure that the people who do not have the right to vote, do not vote. There is no point in thinking that fraud does not exist, because it does.

The hon. member from the NDP who asked this question has probably been in the House of Commons longer than I have. He said earlier that he obtained and read information indicating that there is practically no fraud. Fraud statistics are based on the number of charges that have been laid. Therein lies the problem.

When the deputy returning officer was not able to ask for identification and someone claimed to be Joe Blow, it was difficult to know whether that person was telling the truth or not. Sometimes, the deputy returning officer or the clerk knew this was not true because Joe Blow was their neighbour. However, not much could be done about it.

I believe that Bill C-31 will prevent people who do not have the right to vote from voting and will allow those who do have that right to go ahead and vote. As the Conservative Party representative was saying, those who have the right to vote have a small responsibility to ensure they are on the list. Protecting the integrity and accuracy of an electoral list and the integrity of an electoral system to defend democracy is a shared responsibility.

Quebec has been using the date of birth for a long time. As far as I know, the problems related to the date of birth appearing on the electoral lists were few and far between, even fewer than the cases of fraud the hon. member from the NDP was talking about.

[Serge Cardin, Bloc, Sherbrooke, QC]

Mr. Speaker, I am pleased to speak today on Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act, especially since I have run in eight elections. These elections touched me personally, because I was a candidate. I have to say that I have seen just about everything since I first ran for election in 1982. At that time, attempts at electoral fraud had already declined, but not disappeared completely, and they are still a problem today.

We must therefore protect the integrity of the electoral system and make sure that all the information on our lists of electors is accurate. We also have to make sure that everyone who is entitled to vote does vote and that everyone who is not entitled to vote does not.

But something strange is happening, and it underscores how important it is that only those who have the right to vote actually do so. Curiously, election results in the various ridings are becoming closer and closer. It is therefore especially valuable to have an accurate list and a sound system, because that can make all the difference in the end. Ultimately, when the differences are added up, a minority government could become a majority government. We must therefore make sure our electoral system is above reproach.

Obviously, the Bloc Québécois is in favour of this bill. The political parties worked together extremely well in committee. For once, the government apparently listened to the opposition parties, in contrast to what is happening on many other issues, such as law and order, the Kyoto protocol and even the gun registry. It has to be said that the party in power does not listen very well.

In this case, there was good cooperation and, as a result, the bill will reduce the opportunity for fraud or error, improve the accuracy of the register of electors, facilitate voting and improve communications between election officials, candidates, parties and the electorate.

Following the general election in June 2004, the Chief Electoral Officer released a report entitled “Completing the Cycle of Electoral Reforms”. It was tabled here in the House, but we did not have time to examine or approve the report before the election was called on November 29, 2005. It was presented, however, after the January 2006 election, in June. The committee then looked closely at this bill, analyzed it and made recommendations. We are now ready to move forward and we hope to see this piece of legislation enacted in time for the next election.

Given the timeframes that must be respected, the election will not be held too early this year, which means we can implement all the points presented in this bill.

Should we force an election anyway, considering the values placed on certain points that the opposition parties do not accept? Or should we wait for this bill to become law and come into force, to ensure that the next election is held under the provisions of the new legislation?

In any case, this bill clearly contains significant improvements. The Bloc is particularly proud to have made a number of gains with respect to this bill, such as the date of birth, the unique identification number, as well as the so-called “bingo cards” on election day, which serve to identify those individuals who have gone to vote and therefore encourage people to get out to vote. Getting people out to vote is an important part of it.

Lately, voter turnout has been declining with every election. In municipal, provincial, Quebec and federal elections, we have been seeing a downward trend in voter participation.

Some political parties have access to good lists of electors to ensure follow-up and encourage voters to cast their ballot. These tools are also critical on voting day to track voting and support better turnout. This is democracy in action, playing by the rules. I would like to review the proposed rules that will reduce the opportunity for fraud or error.

Voters must present government-issued identification. The best example of this is a driver's licence with the holder's photograph, signature, and other information that appears on the list of electors, such as an address.

We can be certain that the address is correct because if a person moves, he or she must inform the government so that his or her new address appears on the licence. This piece of identification is proof that the voter is legitimate.

Some people may not have photo identification. In such cases, they must provide two other pieces of acceptable identification. The Chief Electoral Officer is responsible for determining what constitutes acceptable identification.

There may also be some people who do not have two pieces of identification. Earlier, someone mentioned homeless people. Most of them are Canadian citizens, so they do have the right to vote. We must make it possible for them to vote. A person who has no identification can still vote if someone else can vouch for them in an affidavit. If that happens, that person can vote.

That said, the act provides that an elector who has been vouched for at an election may not vouch for another elector at that election. That could set off a major chain of events and could lead to electoral fraud if one of the individuals involved had dishonest intentions.

In addition to ensuring that people can be correctly identified, we must ensure the accuracy of the list of electors to verify that these people are eligible to vote. That is why clause 4 of the act states that:

The Register of Electors must also contain, for each elector, a unique, randomly generated identifier that is assigned by the Chief Electoral Officer.

There are a number of advantages to assigning unique permanent identification numbers.

Duplications do occur. We must be able to spot them and ensure that the eligible individuals are registered. Those who should not be registered should be deleted from the register of electors.

The identifying information required by the Act includes the date of birth, mailing address, civic address, as well as sex. Often, individuals may provide all this information in a particular order that may not necessarily be used in other circumstances. Linking lists may sometimes generate errors.

The use of a unique identifier would eliminate a fair share of potential errors.

In terms of the register of electors, when we complete our income tax returns, there is a small box to be checked if we want the information to be forwarded to the Chief Electoral Officer so that it is available. It is a fairly reliable data base because the taxpayer has contributed the information. It does happen that an individual who is not a Canadian citizen—and thus does not have the right to vote—prepares a tax return and checks off this small box. Their name is added to the register of electors. Thus, it was also suggested that a declaration of citizenship be included on the annual tax return as well. This would solve several problems and ensure that only the personal information of voters eligible to vote is used to update the register.

Tax returns are also filed for deceased persons. Unfortunately there are a fair number every year. We could also use the information included in the return filed for the deceased individual to ensure that their names are removed from the voters list.

For federal elections, the Quebec electoral list is used in Quebec, because of the completeness and accuracy of the information, which is updated regularly. The list also contains the new voters who have just turned 18, who are added regularly.

Once the eligible voters have been identified, and the ineligible ones eliminated, the voting process must be facilitated, to ensure that the highest possible number of people can easily access the polling station. For example, persons with reduced mobility who report to a polling station that is impossible to access can ask for a transfer. This transfer can now take place almost immediately and that individual can go to vote at another location.

In any case, we must ensure that returning officers in the various ridings do not overlook accessibility issues at the polling stations, which must be as large and fully equipped as possible, even though transfers are a possibility. After all, it is the responsibility of the returning officer to ensure that all sites can handle situations involving reduced accessibility.

Another purpose of the bill is to improve communications between electoral officials, candidates, parties and the electors. There are various aspects that enhance communication and facilitate access to the lists of electors. As I was saying earlier, the purpose of this is to “get out the vote” as much as possible and as honestly as possible. The bill also provides for additional operational improvements that will make the system increasingly effective and ensure its integrity and accuracy.

The Bloc Québécois is very proud of other aspects that are not included in Bill C-31. I am talking about the appointment by the Chief Electoral Officer of returning officers. History and experience show the truly different situations that have come up at times and that have been quite odd, not to say crooked. From now on, people will no longer necessarily be selected based on their political stripe, but will be appointed by the Chief Electoral Officer. Thus, those who seem best qualified will be appointed to the position.

Furthermore, there will of course be fixed date elections. Unfortunately, this will not be the case the next time around; I am sure the next election will not be held in October 2009, since the current government is a minority government. Nonetheless, we will now be prepared for it, especially with the tools available in Bill C-31. Future elections will be held with as much integrity and accuracy as possible.

In closing, seconded by the hon. member for Drummond, I move:

That this question be now put.

[Jay Hill, Conservative, Secretary of State and Chief Government Whip]

Mr. Speaker, as always, I certainly appreciate the comments by my colleague from Vancouver Quadra, a member of the official opposition who, like myself, sits on the procedure and House affairs committee where this bill ultimately came from. As he said, we have had a lot of discussion there and certainly the whole area that he branched off into, the whole area of future electoral reform, and ultimately that is our intent.

In fact, we presented a motion recently, which was defeated, but the member for Vancouver Quadra was the only opposition member who supported our motion to have the procedure and House affairs committee look more in-depth at additional reforms that we could consider over and above Bill C-31, and some of the companion legislation that we have presently over in the Senate.

The only part of his remarks that I would take some particular exception to is that the election of 2006 was unnecessary. I think Canadians certainly did not share that opinion because they dramatically changed the makeup of this place and opted to replace his party with the new Conservative government.

However, be that as it may, he did actually touch upon, both at the beginning of his remarks and at the end of his remarks, a primary concern that has been expressed both at procedure and House affairs and in this House.

When we started down this process that ultimately led to Bill C-31, certainly my thoughts at procedure and House affairs were that we had unanimity among all four parties. We wanted to ensure the integrity of our electoral system, both for the advantages that present here in Canada, but also to uphold the image of Canada as a bastion of democracy worldwide.

He pointed to his own experiences in Nicaragua. Many members from all parties have participated as observers in electoral processes worldwide, monitoring elections in some of the world's poorest countries. I certainly applaud the efforts of the member and others who have done that, but it does point to the need to ensure the highest possible standards for Canada's democracy, for how we go through elections here.

I am very disappointed in the fearmongering of the New Democratic Party subsequent to our decision to move ahead with legislation like Bill C-31. Somehow it is trying to communicate to Canadians that there are going to be thousands of Canadian citizens who are going to disenfranchised by this legislation. I do not hold that point of view and I do not think the member does either.

As he quite correctly said, there are a number of steps that can be made, not the least of which would be targeted door-to-door enumeration in those areas to ensure that people are on the list and to ensure the list is as accurate as possible.

My question is the one that I hold near and dear. I do believe that there are some responsibilities that should be placed on citizens, that it is not entirely the responsibility of government to ensure that they are on a voters list, and that it is not entirely the responsibility of the government or Elections Canada to ensure that they have the opportunity to vote.

Yes, we have a collective responsibility, but I believe the citizens themselves have a responsibility to ensure that they can be properly identified as residing in a particular riding and thus they are eligible to vote in a particular part of the country, and that indeed they are Canadian citizens.

I think that comes home as we travel around the world. The hon. member referred to the great extents to which other citizens of other countries will go to ensure they have the opportunity to vote. Yet somehow we seem to reverse the onus here in Canada and think it is the responsibility of Elections Canada or the government, or members of Parliament from all parties, to ensure that every single Canadian actually somehow gets out to vote. There are responsibilities on the part of citizens themselves.

I would just ask for the member to comment, specifically if he feels comfortable with the assurances that we have had from the Chief Electoral Officer and from Elections Canada that it is certainly not our intent, nor the intent of members present, to see people disenfranchised and not have the opportunity to vote if they are actually qualified to vote.

[Stephen Owen, Liberal, Vancouver Quadra, BC]

Mr. Speaker, we are at third reading of this important bill now and I would like to begin by recounting how we have come to this place.

The recommendations for amendments to the Canada Elections Act emanate from the report of the Chief Electoral Officer following the January 2006 election. That is normal, of course, as he reports on the activities of elections and points out any failings or any improvements that may be made in the election process.

He produced that report and of course we went on to consider it in committee. The committee report went to the government and this bill is the answer, which falls very much in line with both the Chief Electoral Officer's report and the report of the Standing Committee on Procedure and House Affairs to the government. This will bring into force, for the most part, the recommended amendments from the Chief Electoral Officer.

The notion of the integrity of our elections is absolutely critical to our democracy, just as it is anywhere else in the world. It is interesting that Canadians are asked to monitor and help establish electoral commissions and the rules and procedures for elections in many newly democratizing countries.

In just the last few years, in the Ukraine there was major Canada Corps participation. Canadian teams of electoral monitors and advisers have been involved in the Palestinian authority and in Afghanistan. There was a team of Canadian officials in Bangladesh preparing for the election that should have taken place last month but has been delayed because of disruptions in that country.

The point is that we are seen as a country that has a sound electoral system. We must, as our first responsibility to our democratic condition, ensure that this integrity continues and is improved wherever it can be. The amendments to this act mainly deal with the identification of the voter.

I had the privilege of going with a Canadian team in 1990 to Nicaragua to monitor an extremely contentious election. Members might recall that it was a time when the Nicaraguans were in the middle of the civil war with the Contra rebels. It was a very dangerous time, yet the Sandinista government was submitting itself to free and fair elections, which is the standard we use.

I recall being up in the Honduran-Nicaraguan mountains in the northwest of the country checking out small voting stations, one a broken down old schoolhouse in the mountains, where there were literally hundreds of people lined up in the very hot sun. Many had walked for many hours to be able to exercise their right to vote.

There was one very poignant moment. One woman had walked for two hours, lined up for two hours, got to the front of the line, and did not have proper identification. She was heading back, another four hours both ways, to her village to get her voter card. That was the importance she placed on going through that electoral process. It also reflected the seriousness with which the Nicaraguan electoral commission, under the direction, guidance or advice of Canadian officials, was taking the integrity of the process.

When we have an international standard that we are often asked to advise on and monitor, the question is this: is an election free and fair? Of course free means the right of all adult citizens to vote in an election, but fair means that it has integrity, that there are no opportunities to stuff ballot boxes or for people to disguise their identities and vote improperly. That integrity is absolutely critical if we are going to ask our citizens to come forward and put their trust in the electoral and democratic system. Therefore, free and fair is an immensely important point.

We know that in the U.S. presidential elections in 2000 confusion was caused in Florida when voting machines were found not to be operating properly. There were irregularities. That cast a pall over the election, which I think many Americans to this day have not recovered from in terms of the feeling of unfairness that the vote may well have gone the other way had there not been those irregularities.

Let us look at the process under Bill C-31. It is not perfect. It probably never will be, but it is a reasonable advance in ensuring the integrity of that vote. For instance, there are improvements for access for the disabled. There are more convenient locations for the advance polls.

The access of candidates and officials to gated communities is clarified. The candidates' access to malls, privately owned public spaces, has been clarified. This is immensely important for any of us who have been candidates. Increasingly we are not going to meet people by knocking on doors but by going to malls, so this is important.

Also, there is an increased effort with the outreach provisions to get electoral officials to people unable to get to the polls.

I think these are immensely important improvements in that we must make sure our citizens have adequate access, but we must be vigilant against any irregularities.

What we have done in the committee, both in receiving the Chief Electoral Officer's report and considering it ourselves and in considering the government's response in Bill C-31, is to turn our attention to whether we were putting barriers in the way for people. They may be in remote communities, in aboriginal villages or in the inner cities. They may be living in shelters or they may be homeless. I think that all members of the committee from all parties were very seriously attending to the question. How can we ensure to the greatest extent possible, without risking the integrity of the system, that these people have access to vote? I think this was probably the toughest situation that all of us had to face.

We charged the Chief Electoral Officer to do a number of things. One was to ensure that areas of low enumeration and low participation were identified and targeted with extra resources to attempt to ensure access to identification and the voting process.

In regard to remote aboriginal villages, we heard evidence of people having difficulty providing adequate identification, so we also charged the Chief Electoral Officer to, first of all, recognize the aboriginal status card, which has a picture on it. It does not always have the address, but that card would be one of the recognized pieces of identification, as well as a letter from the band manager if the address was not on it, confirming that person's residence in that reserve area or wherever the person might live.

Those are reasonable attempts to deal with this tension between freedom and security: security in the system and freedom to vote. It is immensely important that we not drop our bar of the integrity of the system below that which we expect, advise on and monitor in other countries during their electoral processes.

We have an extremely important role. We have heard evidence from representatives of student groups and from people who work in the downtown east side of Vancouver, for instance, where the homeless or people in shelters have difficulty getting the adequate identification to secure their vote. The way we deal with the balance between integrity and freedom is not by lowering the bar so low that it could be open to abuse and therefore to lowering our citizens' belief in the integrity of the system. If they do not believe in it, they are not going to use it, and voting rates are going to continue to plummet.

We are concerned. I think we should express our concerns not by dropping our standards, but rather by redoubling our efforts through our electoral commission and the Chief Electoral Officer to get to those areas, to get to those people where there is evidence of low participation.

More broadly, as we talk about the Elections Act in this country we must attend to the issue of electoral reform, and we are in some parts of the country, in some provinces. We simply cannot continue to have dropping participation rates and fractured minority governments that do not properly represent the majority of the people in this country.

We must have some reform that will not do away with out constituency-based, first past the post system, but that at least will apply some adequate level of participation and proportionality so that the number of seats in the House represents in some better proportion than it does now the percentage of the vote achieved.

We have had some good experience with that, both in this country and abroad. In 2004, in the throne speech of the former Liberal government, with the encouragement of the NDP, I must say, we put forth the objective of studying electoral reform. A special committee of the House was to look into this. It was one of the processes that was cut short by the unnecessary election, if I may say so, of January 2006.

However, there we are and here we are, and what are we going to do about it? I would suggest that we charge the Standing Committee on Procedure and House Affairs with this as the appropriate venue and place for this to be considered very carefully.

The government, through the Prime Minister, announced two or three weeks ago that in fact there was going to be a communication, a consultation, with Canadians over issues of electoral reform, Senate reform, decorum in this House, which is a very important issue, and public engagement. That is a bit curious, because for most of those topics, except for electoral reform, although that was started and stopped, the government has already put bills forward. It seems to me to be a bit backward to start a consultation process after bills on parliamentary reform have already been presented to the House.

Be that as it may, let us look at the quality of what was suggested. A $900,000 tender is being put out to a polling firm and an as yet unknown think tank to hold, across the country, a few consultations that are being called deliberative. Something can be called deliberative without it being anything close to deliberative if there is not the proper information brought forward, if there is not the time taken to advise people and have them well informed on the issues, the options and the different models, and then have a true conversation and a set of recommendations.

This is happening now in the province of Ontario with its citizens' assembly, which is very much patterned after the citizens' assembly process in British Columbia and which before the last B.C. election identified an alternative form of electoral process. That assembly process was deliberative. It went for about a year and a half. It was a widely representative group of about 178 people.

In fact, at the same time as the last election, the referendum was held on whether we would stay with the first past the post system or move to this new electoral forum recommended by the citizens' assembly, a single transferable vote system.that is quite complicated. Of the people voting in that election, 58% voted in favour of that change from our current system. The threshold was set at 60%, which is very high, but when we think that there was 58% represented, that is a very, very significant desire for change, certainly by a majority of the people.

We are watching that. It will come forward again for a vote in a referendum at the next B.C. provincial election in three years, so we will see where that goes. We also will see where Ontario goes.

Federally, quite apart from having polling companies and think tanks do some kind of quick, superficial testing of the atmosphere across the country, we want to look at it in an extremely in-depth way with a lot of consultation. Let me advise the House that in fact that process to a great extent has already happened.

The Law Commission of Canada in 2004 published a massive study. The Law Commission legislation charges that independent public commission to look into whether the laws of Canada properly conform to the social reality and the needs of the people. The Law Commission probably carried out one of the most in-depth research jobs, first of all, on voting systems in other democratic countries compared to Canada, and also looked at the different models that were going forward. It recommended on balance that we add an element of proportionality, not to do away with our current system but to add an element of proportionality to it. I commend this report to all members of the House. It is on the Law Commission of Canada website.

I commend all members of Parliament to do it quickly because as they may recall, the government, in its fall economic update, announced that it would basically eliminate the budget for the Law Commission of Canada, so it may lose its website as of April 1. Canadians may have less of an opportunity to see that fine work, that reasoning, that research, and the consultation which the commission is charged by its statute to undergo. It is extremely thoughtful and that is the way we should go forward.

There is nothing wrong with polling. There is nothing wrong with some deliberative discussions across the country with a think tank, but the place where these issues should be decided and studied, and where the consultation with Canadians should take place is through the House and the members of the House and, in particular, either a special committee or the procedure and House affairs committee of the House because that is our responsibility.

Second, we should be looking to the statutorily independent expert Law Commission of Canada for the fine work it has done and build on it, rather than simply ignore it.

Those are my remarks. I am speaking in favour of the bill at third reading, but I must conclude by reinforcing the observation of the committee that there are pockets of citizens in this country who do not have easy access. They face barriers in being able to exercise their right to vote and those include often aboriginal communities, but remote communities and people, often homeless, in inner cities.

We must redouble our efforts, through our electoral commission and Chief Electoral Office to ensure that those areas are targeted and the right to vote is brought to those people in an as accessible and effective way as possible.

The House resumed from February 12 consideration of the motion that Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act, be read the third time and passed.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Speaker, today we will continue the debate on the Liberal opposition motion.

Tomorrow we will resume debate on Bill C-31, the voter integrity bill, with Bill C-35, the bail reform bill as backup.

Monday we will call Bill C-31, elections, if it is not completed tomorrow; Bill C-44, human rights; Bill C-11, transport; Bill C-33, technical income tax; Bill S-2, hazardous materials; and the statutory order. We have an ambitious agenda there.

Tuesday, February 20, and Thursday, February 22, will be allotted to the business of supply.

On Wednesday we will continue with the business outlined on Monday.

Next Friday, I will consider beginning the debate on Bill C-45, An Act respecting the sustainable development of Canada's seacoast and inland fisheries.

With respect to the debate on the statutory order regarding the Anti-terrorism Act, if an agreement on debate is not reached before February 28, certain provisions of the Anti-terrorism Act will sunset. It is the government's view that all members should be given the opportunity to decide the fate of these provisions because they involve the safety of people they represent.

Recent events have made us aware that the terrorist threats continue to specifically target Canada, but if the terms of the law are not extended by March 1, the protections that we have in place right now will cease to apply.

If an agreement can be reached, I am prepared to call the motion sooner and sit as long as necessary on that day to bring the debate to a conclusion.

Canada Elections Act

[Peter Van Loan, Conservative, York—Simcoe, ON]

It is only 66 words long, Mr. Speaker, that is all, but the Liberal-dominated Senate continues to delay and obstruct something that their own leader claims to support. Despite the fact that the leader of the Liberal Party, the hon. member for Saint-Laurent—Cartierville, advocates fixed terms for senators, his Liberal colleagues in the other place just will not listen to him. He just cannot get it done.

I hope this bill will not meet the same fate, because it of course also enjoys the support of the opposition here in the House of Commons. I hope opposition members will be able to persuade their Senate colleagues to support it as well.

Before I turn to the benefits of this bill, I do want to express my thanks and gratitude to the member for Niagara Falls, the Minister of Justice. It is because of his work as the former government House leader and minister for democratic reform that we now are in a position to advance this very important bill.

On January 4, the Prime Minister reaffirmed our government's commitment to make our country's institutions more democratic and more accountable. Bill C-31 is just one of the government's very robust democratic reform agenda items. It is an agenda based on bringing accountability and integrity to the institutions and processes of government.

We have successfully passed the federal Accountability Act. Oddly, it was another bill that was held up for almost a year in the process, but we finally got it through. That bill brought about important changes to political financing to eliminate big money from our electoral system.

As I indicated, we have passed Bill C-16 on fixed election dates through the House of Commons. Never again will the government of the day be able to play around with the date of an election for its own crass political motives.

We also have introduced Bill S-4 to limit senator's terms to eight years. It is a concept endorsed by the Leader of the Opposition. We would like to see it become law. We would even like to debate it in this House. That has not happened yet, but we would like it to come out of the Senate so we can consider it.

I fully encourage the Leader of the Opposition to stand up and use the full force of his leadership. I know how strong that full force of leadership has been. As is evident from indications in the past few weeks, it is not that strong, but I would encourage him to muster all the strength he has to get it through and out of the Senate and to tell his colleagues to follow his lead. We would be happy to deal with it.

We of course have also introduced Bill C-43, which is a bill to consult Canadians on who they would like to see representing them in the Senate. Right now, of course, terms can be as long as 45 years, and those people can be appointed by the Prime Minister without any consultation. They have been in the past, which is perhaps why we have a Liberal-dominated Senate that will not allow the will of the House of Commons and Canadians to prevail.

We would like to have an opportunity to ask Canadians who they would like representing them in the Senate. That is another one of our objectives. That of course would reform our system and Parliament in a more democratic and more accountable way. Everyone knows that our parliamentary institutions are the foundation of our democracy and, as such, they must be democratic. We have a responsibility to ensure they continue to operate well for the benefit of Canadians.

With this in mind, as the current Minister for Democratic Reform I feel privileged to rise to speak on this bill today.

Bill C-31 makes a number of operational improvements to the electoral process and the Canada Elections Act. It is aimed at improving the integrity of our elections. It implements almost all of the recommendations of the 13th report of the Standing Committee on Procedure and House Affairs, a report which was agreed to unanimously by committee members from all parties. The same committee reported the bill with some amendments to fine-tune it on December 13.

In short, Bill C-31 is about simple solutions that will yield tangible improvements to the integrity of our electoral system.

Most of these amendments to the Elections Act were originally recommended by the Chief Electoral Officer, who has had on the ground experience in administering elections. All of these legislative changes were endorsed by the Standing Committee on Procedure and House Affairs, comprised of members of Parliament with real on the ground experience as candidates. A number of the changes may seem small, but collectively they will lead to real results that will improve the integrity of our system.

First, I want to speak about improvements to the national register and list of electors. We have proposed, for instance, amendments that will improve the accuracy of the national register of electors and, by implication, the lists of electors used by each of us during electoral campaigns.

As most will recall, the national register replaced the door-to-door enumeration that used to occur up to 1997. It is from this register that permanent voters' lists, as some of us call it, are generated.

We all know the importance of these lists for engaging our constituents in a campaign and for encouraging them to vote. We have all experienced the challenges that have been faced by Elections Canada in maintaining a database of such a large size in a country growing so rapidly where mobility is so high.

Over the years, Elections Canada has taken strides to improve the quality of the register, but the Chief Electoral Officer has requested more tools to allow for greater improvements and efficiencies. Bill C-31 gives him those tools. For example, we have all seen the box on the front page of the income tax return that allows Canadians to consent to have their name, address and date of birth shared with Elections Canada for inclusion in the register.

Unfortunately, the Chief Electoral Officer has found that a lot of non-citizens who are not entitled to vote are checking the box and making the information less reliable.

Bill C-31 provides the authority to change the question on the income tax form and make it clear that it only applies to Canadian citizens and only they should check it off. This will improve the reliability of the information received, enhance the accuracy of the register and, in turn, improve the quality of the voters' lists. It is a simple change. It will produce real results by ensuring that only eligible voters will have their names placed on the voters' list.

Similarly, Bill C-31 allows income tax returns to be used to inform Elections Canada of deceased electors, so those names can be removed from the register more quickly.

In addition, the bill updates statutory authorities to allow returning officers to update the register and the list of electors, to clarify the ability of the Chief Electoral Officer to exchange information with provincial electoral authorities, and to permit the Chief Electoral Officer to use stable identifiers that will make cross-referencing of information on electors more efficient.

Each of these reforms will contribute to a better, more up-to-date national register and in so doing improve the integrity of the lists.

Another element of this bill would improve the ability to communicate with the electorate, which is of course a fundamental cornerstone of our democratic system. These reforms are designed to allow candidates, parties, election officials and the electorate all to engage in a dialogue. That is what makes democracy work.

Election officials, particularly returning officers, will have access to apartment buildings and gated residential communities to carry out their functions.

It will therefore be easier for them to conduct a targeted revision of the list of electors by going to electors in areas of high mobility and low registration.

It will also be easier for candidates to meet electors because they will have better access to gated communities and areas open to the public, such as malls, to campaign.

Taken together, these reforms will help the electorate become better informed and enable voters to become more familiar with local representatives and the political process.

A third set of reforms in this bill would improve the accessibility of voting by those who are entitled to vote. For instance, many Canadians are using advance polls to cast their votes rather than waiting until polling day. That is critically important if we are to see the turnout increase or at lease reverse the decline in turnout that has been happening until recently.

Bill C-31 will allow greater flexibility to establish more advance polls when circumstances warrant. This is of particular benefit for large ridings and remote areas, where advance polling districts can be very large and hard to access for some residents. This bill will go a long way to improve access for voters and will lead to increased voter turnout across this country.

One of the things that has saddened many of us who care a great deal about democracy is that at the same time as we have seen a decline in community involvement in all kinds of activities, we have seen that decline in the voter rate. That decline in voter participation is a bad thing for our democracy. We want to see Canadians engaged in their process. We think it is important that voter turnout increase.

All of us in the House of Commons have to explore ways in which we can work to improve voter turnout. If allowing more advance polls is one way to do it, as Bill C-31 opens the door to doing, that is something that we should be doing.

I encourage all members of this House to take that step in the right direction to reversing the decline in voter turnout and encouraging more Canadians to vote, encouraging more Canadians to have a real stake in our electoral system and to participate in that way.

On another subject, one of the most significant sets of changes in this bill addresses potential voter fraud. Like all the reforms that I have discussed, these amendments protect the integrity of the electoral process. The fundamental democratic principle of our electoral process is that only those entitled to vote should vote and they must vote only once.

During meetings of the House Standing Committee on Procedure and House Affairs, it was clear that most of the members had heard of times when this principle was violated. Every time that happens, voter confidence in the electoral system and its integrity is shaken and an eligible voter is deprived of the right to vote.

Bill C-31 takes action to reduce the opportunity for voting fraud through a very simple step. It amends the Elections Act requiring Canadians to show identification for voting. Rather than only stating one's name and address, which is all someone has to do right now, a voter will have to provide some kind of proof of their identity and residence before receiving a ballot.

I cannot say how many times voters have come to me and said they could not believe that they were not asked for any identification and that anybody could have voted in their place. I think most of us have probably heard stories of folks who have gone to vote and found out that somebody had already voted claiming to be them. We all hear those stories and they are alarming. This change will put an end to that.

The change applies to people who are already registered to vote and are on the list of electors. I should stress that under the current system those who are not registered to vote must already show identification to register at the polls. We are simply making that requirement a uniform requirement. Simply put, the bill requires individuals to prove who they are and that they are who they say they are before they vote.

The federal voter identification process will be modelled on similar procedures in Canada and in other countries, such as those in Quebec and a growing number of municipalities across the country. It will improve the integrity of the process and reduce opportunities for electoral fraud, which can have an impact on very close election results.

In turn, this reform will, like the other measures I have discussed, enhance the integrity of our system and the confidence of the people in that system. This is what this bill is all about, the integrity of our electoral process, which is something in which we all have a stake.

In closing, as Minister for Democratic Reform, I am excited about this bill because it provides tangible and real results for Canadians. Without a well functioning electoral machinery our democracy will not work. All hon. members will agree that the machinery must be regularly maintained, updated, renewed and modernized, and it is our duty as parliamentarians to do that work.

The progress of Bill C-31 is an ideal example of how that work should be done. The genesis of the bill was a parliamentary committee report that was agreed to by all the members of that committee, including the representatives of the New Democratic Party. The government responded with legislative action. We have worked with the other parties in fine tuning the bill after hearing from a number of witnesses in committee. It is truly a multi-partisan or non-partisan effort designed to improve the integrity from which all of us will benefit.

If our electoral system is held in a higher regard, all of us will be held in a higher regard and to the extent that confidence is lacking, all of us suffer as parliamentarians. That is why I think the spirit in which this has gone forward is a positive one and what this bill does is positive.

I hope that the House will pass this bill quickly so that it can come into force as soon as possible. I urge my colleagues on both sides of the House to join me in supporting Bill C-31.

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons and Minister for Democratic Reform]

moved that Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act, be read the third time and passed.

Mr. Speaker, I am pleased to speak in favour of Bill C-31. I strongly encourage all hon. members to join me in passing this bill by the House in order that it may come into effect as soon as possible after it is passed by the Senate.

I would hope that senators would not unduly delay passage of this bill, unlike two other bills, Bill S-4 to limit Senate terms, and Bill C-16 to establish fixed dates for elections, both of which have already passed in this House.

I would note that it has now been 258 days since the bill to limit Senate terms to eight years was introduced, 258 days that it has gone without a second reading vote. Every single day it comes up in the Senate, the Liberal-dominated Senate obstructs it by delaying it and voting for adjournment.

Business of the House

[Peter Van Loan, Conservative, Leader of the Government in the House of Commons and Minister for Democratic Reform]

Mr. Speaker, today we will be continuing the debate on the Bloc opposition motion.

Tomorrow we will begin debate on the statutory order concerning the Anti-terrorism Act. That is for the extension of its provisions.

Next week will be justice week, when the government will showcase part of its safer streets agenda, starting on Monday with the continuation of the debate on the Anti-terrorism Act if it is not completed on Friday.

On Tuesday we plan to begin debate on Bill C-35, which deals with bail reform, and on Wednesday we will resume debate on the second reading stage of the dangerous offenders legislation, Bill C-27.

Thursday, February 15 shall be an allotted day.

On Friday it is my intention to call the report stage of Bill C-10 on mandatory minimum penalties, on the assumption that the justice committee can have it to the House by that time.

For each day, we will have the following business scheduled as backup bills: Bill C-31, the voter integrity legislation; Bill C-44, relating to human rights; Bill C-11, on transport; and Bill C-33, the technical income tax act.

I will be working closely with my counterpart in the Senate with respect to progress on Bill S-4 or, as we keep hearing, the lack of progress.

As you know, Mr. Speaker, a strong, effective and responsible government must speak with one voice, whether it be in the Senate or the House of Commons. The fact that the Leader of the Opposition in the House of Commons and the Leader of the Opposition in the Senate cannot present the same position on Bill S-4 is further evidence that the Liberals are currently not fit to govern. I certainly would like the opportunity for this House to deal with that bill.

[Jay Hill, Conservative, Prince George—Peace River, BC]

Thank you for appearing today, Mr. Corbett. I appreciate that. I have about four questions that I've jotted down here. Maybe you could just make note of them. I'll run through them very quickly and hopefully leave you half of my five minutes, at least, to respond, if that's all right.

The first one has to do with what's included in determining what's in the public interest. If I understood you correctly, you said there were a number of criteria, including the following: do we really need to prosecute; is there reasonable likelihood of success if you suggest the laying of a charge or put it over at least for further investigation as to prosecution; and is it in the public interest?

As part of whether it is in the public interest, do you include any consideration of deterrence? It would seem to me that if the offending person is contrite or remorseful, the terms you used, that's fine for that particular individual, but what about others who might have committed a similar offence? Is there any consideration of deterring them from their activities in the future, if it has not become known but is simply a cautionary letter or something that's sent to that particular individual?

The second thing is that this would have an impact, I would think, on the statistics. This gets into the issue that Mr. Guimond was raising, I think, in the sense of his table or list of the number of offences that are investigated. Statistics can be skewed, and we have a debate right now about Bill C-31, as to whether we really need to address the whole issue of voter fraud right now.

People point to the statistics and say there haven't been very many investigations; there haven't been very many charges laid; there haven't been very many people prosecuted and convicted. Therefore, from that we extrapolate that there is no problem, and yet we continually hear as elected members that there are problems. So is there any consideration that the public interest might also lie in the fact that statistics can be used by people to say, well, the present system is working quite well, thank you very much, so there's no need for any further reform?

My third issue deals with the two instances that you said you investigated and you found no hard evidence—I think is that's the term you used. That was in northern Saskatchewan and Edmonton Centre. Could you give the committee some idea of the amount of time that was invested in those two investigations, the cost that was involved? I guess what I'm trying to find out is just exactly how much was involved in investigating those complaints before you made the determination that you were not going to proceed any further.

My last question, as an appendage to that, is that you didn't mention Trinity—Spadina specifically during your remarks today, yet I think if we were to look at the minutes of our previous meetings, when the CEO was here, he did make a commitment to this committee to have that particular riding looked into, investigated. Could you give us any indication of whether that's still ongoing or where you're at with that particular investigation?

With those four questions, I don't know how much time I've used up. Thank you, Mr. Chair.

Canadian Human Rights Act

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, I am pleased to speak to Bill C-44 today. The NDP will support the bill at second reading and refer it to committee. We do support the intent of the bill, but we do have some grave concerns around a number of aspects of the bill and that is specifically what I am going to be addressing this afternoon.

There are a number of issues that I will be talking about. I will be talking about lack of consultation, resources and process.

There have been many claims that there has been consultation over a number of years and yet, when it actually came to writing the content of the bill, there was no consultation on that particular part.

Part of what has been called consultation is consultation that went back to 1999, for example, in an overall review of the Canadian Human Rights Act and the old Bill C-7, the First Nations Governance Act. Those are some of the mechanisms that have been deemed as consultation.

I would argue that part of the problem that we have before the House right now is the fact that we have a government and previous governments as well that have not defined what consultation has meant. So we continue to bump up against this as a problem.

For first nations, Métis and Inuit people, whether it is this piece of legislation or other pieces of legislation that are developed, this directly impacts on their lives, on their ability to live in their communities, and in their ability to maintain a living. There was no consultation and sometimes the consultation is what I call lip service consultation. They will be called in and provide an opinion, and then the door is closed when the decision making is actually going to happen.

Consultation has been a problem that has been identified by the Auditor General. Supreme courts have ruled that there is a duty to consult, but the Auditor General has identified in one of her reports that there has been very little progress made on the part of the government in defining what consultation means. I would argue that if we are going to define what consultations means, we should actually include first nations, Métis and Inuit people as well.

In the discussion of the repeal of section 67 in Bill C-44 is the fact that every review of section 67 has called for an interpretive clause. Although there have been previous attempts to take a look at an interpretive clause, they have fallen short and actually failed.

In this case, I want to go back to the October 2005 report, “A Matter of Rights” by the Canadian Human Rights Commission which did call for the repeal of section 67 legislation. In the report it states:

--provisions to enable the development, in full consultation with First Nations, of an interpretative provision, which will take into consideration the special rights and interests of First Nations in order to guide the Commission and the Canadian Human Rights Tribunal in the application of the Canadian Human Rights Act with regard to complaints against First Nations governments and related institutions.

There are two pieces in that. First, is the issue around full consultation which I have already talked about and the long foot dragging that has happened in defining consultation, but second, in the report it specifically called for an interpretive provision. This same report also called for a transitional period between 18 and 30 months to allow for that consultation and the enactment of the proposed interpretive provision.

The bill is dealing specifically with first nations on reserve. We have 633 reserves in Canada and part of the challenge when we are talking about consultation is how do we meaningfully include people. We have seen some of these challenges come up with matrimonial real property in how people are included from coast to coast in consultation.

How do we reach out to those rural and remote communities? How do we ensure there are sufficient resources to make sure that people who are different nations, who have different points of view and different cultural and traditional backgrounds, have a consultative mechanism that actually takes a look at those differences?

Further on in this report it talks about moving forward to repeal the legislation. New Democrats agree there is a need to do that, but many first nations women are concerned that moving too quickly will have unanticipated consequences, much like the aftereffects of Bill C-31. That bill reinstated a woman's status if she married a non-native person, but has had the unintended consequences of what some people are calling legislated extinction. Under subsection 6.1(b) of that particular piece of legislation, there is a provision where people who marry non-native people end up losing their status. I want to say a little more about that.

I want to quote from a press release issued by Quebec Native Women Inc. It states:

If passed into law, Bill C-44 would change the ways in which decisions are made in Aboriginal communities. Human rights protection is an issue that deserves immediate attention, but a solution must be developed that takes into consideration the unique reality of Aboriginal people. Moreover, our customs and traditions must be taken into account, as well as our Aboriginal and treaty rights. “The creation of a structure that respects individual and collective rights of Aboriginal people should also originate from a process that reflects these same principles”, stated QNW president, Ellen Gabriel.

Ellen Gabriel is a well respected woman from Quebec. She has expressed some other concerns about how this particular piece of legislation can also be compared to the unintended consequences in Bill C-31. The press release went on to say:

The experience of Bill C-31 has shown us that well-intended legislation can have serious consequences for our people in the future. In addition, Aboriginal people can no longer accept the unilateral imposition of non-Aboriginal laws, which may be incompatible with our cultural values. Furthermore, research regarding the effects of the legislation should be undertaken before it is passed into law, not five years after when the problems created may be irreversible or are simply ignored. After all, we have understood for some time now the negative impact of Bill C-31, but nothing has been done about it.

It is really interesting to have a Conservative government introduce a piece of legislation that is talking about human rights. Yet, the Conservative government had an opportunity to support the United Nations declaration for indigenous rights. The Conservatives worked hard to ensure that Canadians were not supporting that, the Canadian government was not supporting that declaration. That has signalled to first nations, Métis and Inuit communities that this particular government is not taking human rights seriously in their communities.

Recently, Monday as a matter of fact, we had National Chief Phil Fontaine talk about filing a complaint at the Canadian Human Rights Commission regarding the appalling situation concerning child welfare in this country. Then my colleague from Timmins—James Bay today asked a question about Kachechewan, a community where the children do not even have access to a primary school. Surely schooling is a fundamental human right in this country.

There have been many opportunities for the government to demonstrate its commitment to human rights for first nations, Métis and Inuit people across this country and it has failed to do that. It is a bit hypocritical, I would suggest, to argue that the government's foremost piece of legislation will deal with human rights for first nations people in this country.

Mary Eberts from the Native Women's Association participated in the Department of Justice review on section 67 in the year 2000. She made a number of recommendations around section 67. I want to talk about a couple of those because people have put forward some proposed solutions for how we might deal with section 67. These are solutions that have come from first nations communities. Surely, those are the people who should be actively involved in putting forward those solutions. She said:

To protect traditional Aboriginal rights from the impact of a CHRA without section 67, include in the Act a provision similar to s. 25 of the Charter: the guarantee in this Act of certain rights shall not be construed so as to abrogate or derogate from any Aboriginal, treaty or other right that pertains to Aboriginal peoples in Canada.

She went on to say:

However, it should be recognized that some of Canada's most prominent foes of the rights of Aboriginal women have argued that the right to discriminate against and exclude women is part of the traditional heritage of Aboriginal people.

I might add that there are many people who do not agree with this opinion. This is not a universal point of view.

She states:

This argument is made, for example, by the Sawridge band in its case against Bill C-31, and in its intervention to oppose John Corbière's attack on s. 77 of the Indian Act. Accordingly, any provision drafted pursuant to recommendation 2 should include a safeguard, or rider, to the same effect as ss. 35(4) of the Constitution Act, 1982, that aboriginal and treaty rights are extended equally to men and women.

The [Canadian Human Rights Act] should apply to Band Councils, to their membership codes, and to the actions of the federal Government pursuant to the Indian Act. The Act should also include a standard provision that would make the [Canadian Human Rights Act] applicable to self-government agreements unless and until the measures to protect human rights were put in place pursuant to the agreement.

She also mentions:

--procedural rights, which could be enforced against procedural unfairness in dealing with claims for reinstatement under Bill C-31, and in the ways First Nations deal with reinstatees.

The [Canadian Human Rights Commission] needs to be provided with the funding to make it fully effective as an instrument of human rights enforcement. In the case of Aboriginal people, such funding would allow the Commission to take account of the facts that Aboriginal people live in isolated and remote areas; may not have access to sophisticated communications means; may have literacy and language issues in dealing with the Commission; do not have ready access to legal advice because of their isolation and poverty; live in small communities where reprisals for complaints may be a continuing problem or in urban centres where they may be homeless or transient; and are dealing with organizations...with a record of poor communication, so that access to required documentation may be difficult to obtain.

Ms. Eberts made a number of concrete recommendations that successive governments have failed to implement. The report was written back in 2000, I believe. I also have another section that I want to read for members, around the old Bill C-31, the old bill that reinstated women and has had this unintended consequence. She stated:

The shrinking of the status Indian community as a result of the application of the discriminatory provisions will enable the federal government to shed its responsibilities toward Aboriginal people, since it now recognizes obligations only to those who have status under the Indian Act. Bill C-31 also restricts the life choices of young Aboriginal people whose parents are C-31 reinstatees: to ensure that their children can be registered, they will have to partner with a status Indian. Policies restricting access of Bill C-31 reinstatees to their Bands or Band reserves may make it difficult to make such social connections; in any event, forcing them erects a kind of race segregation that resembles apartheid.

I am sure that nobody in this House wants to see unintended consequences from a piece of legislation that has not had that full consultation with first nations communities. The reason we support getting Bill C-44 to committee is that there must be that opportunity to hear from people who are going to be directly affected by the impact of this bill. It is essential that those voices are heard not only in examining this bill, but in identifying the resources required, in identifying the processes to make sure that we are hearing from people, and in identifying any potential amendments that might be necessary to make sure this bill reflects the needs of people in their communities.

I mentioned funding and resources. There are a couple of other things where we could talk about what might actually address some of the issues around human rights complaints. A number of first nations and reports have identified the fact that first nations are quite capable of developing human rights standards that could be equal to those of the Canadian Human Rights Act, if not better. The other issue is that there is a potential to have an ombudsperson who could work with communities that are identifying some human rights issues in their communities.

One of the things we know, of course, is that there is a financial cost to this, but I would argue that there is a financial cost to not doing it as well. We often do not examine those financial costs of not doing things. In this case, what we know is that if this bill goes ahead as it is, without any additional resources assigned to it, the Canadian Human Rights Commission could face increasing backlogs around dealing with some of these issues.

However, we also know that many band councils are not equipped to deal with the volume of Canadian human rights complaints that could come in. They do not have the resources. They often do not have the capacity. Then there are the challenges with travel, communications strategies and all of those kinds of things. If this bill is to move forward, it is essential that resources are provided to communities.

Mary Eberts and others have actually called for an ombudsperson. This person should be able to interact with communities that often have different language capabilities and that have perhaps some educational awareness issues around what could be included in appropriate mechanisms to deal with section 67.

The Native Women's Association of Canada has also recommended that the Canadian Human Rights Commission establish staff and tribunal panels composed of aboriginal people who not only have a background in human rights but also have a background in traditional dispute resolution mechanisms. That would also make sense.

We are seeing in other fields that there is a call in the criminal justice system for some restorative justice processes. Under the Canadian Human Rights Act, it would seem reasonable that we have some sort of commission or tribunal that could work with communities around their own traditional methods of dealing with complaints.

The other issue that I do not think we have touched on is the fact that the Canadian Human Rights Commission should have a special monitoring function with respect to Canada's compliance with international human rights obligations. I know that unfortunately Canada has been cited on a number of different occasions around violations of human rights in this country, particularly women's rights.

We have seen things like the cuts to legal aid that have impacted on first nations women being able to access legal aid when they have a court case to deal with. There are other issues like that which would seem to make it important to give the Canadian Human Rights Commission the ability to oversee the implementation of Canada's international obligations.

I talked about the short transitional period. The Canadian Human Rights Commission, when it made its recommendations, and we would support it, said that there should be at least an 18 to 30 month period of transition to allow the consultation and the development of the interpretive clause, which would make sure we were meeting the needs of first nations communities.

There are a number of other things that I would like to address, but I know I will run out of time so I will close with a couple of specific points.

I mentioned earlier that this is an opportunity for the Government of Canada to fulfill other obligations around human rights. I want to touch again on the United Nations declaration for indigenous rights. This is a statement of principle that has become a flagship for first nations, Métis and Inuit peoples from coast to coast to coast. Canada could signal its absolute commitment to human rights by supporting that declaration. There will be another opportunity, because it will likely come up again over the next few months.

It would be a statement that would say to first nations, Métis and Inuit peoples across this country that Canada takes human rights seriously and is committed to human rights. If we want to demonstrate that we are prepared to work with first nations, Métis and Inuit peoples across this country on human rights, that we are prepared to engage in discussions on a nation to nation basis and talk about some of the situations on the reserves in this country, this would be one way to show that we are prepared to not only talk the talk but walk the walk. That in itself would go a long way to telling people in this country that Canada truly does have a commitment to human rights.

In conclusion, the NDP will support this bill going to committee for a fuller review, where we would look forward to the kinds of consultation that could have this bill reflect the needs in communities across this country.

Canada Elections Act

[The Deputy Speaker, NDP, Bill Blaikie]

It being 5:30 p.m., the House will now proceed to the taking of the deferred recorded division on the motion at report stage of Bill C-31.

Call in the members.

The House resumed consideration, from February 5, of Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act, as reported (with amendment) from the committee, and of the motions in Group No. 1.