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

[Paul Dewar, NDP, Ottawa Centre, ON]

Mr. Speaker, I think it is important to note that while it is the government's point of view that it is going to the people and consulting, it is interesting to note that the Conservatives did this after Christmas when they were looking for replacements because their five priorities, according to them, had been completed. The government was searching for new ideas.

The government was circumventing what it knew was a proposal the NDP was putting forward to the House of Commons. My colleague has mentioned that and we will be debating it in the House.

With respect to my colleague from the Ottawa Valley, I beg to differ in terms of the integrity of the process. The Conservatives will have the process controlled, as my colleague said, by the PMO. They did this seemingly out of nowhere. It was not debated in the House. It certainly had been debated in committee. The previous government had failed to do it. We want the process to be owned by Parliament and not announced by a minister right after Christmas to denote that the government is actually doing something on this issue.

My party begs to differ on the integrity of the intent of where the government is going with consultation. We will deal with that for sure next week. There will be a debate on that point.

I would like to ask my colleague about the whole process of having first nations vote. Are there barriers in the bill to first nations? Have we heard from first nations at committee what an election will mean for the people in her region? If so, will it be a barrier that changes the legislation? What does the member think the outcome will be in terms of voter participation for aboriginal people? What kind of action does she think will be taken by aboriginal people themselves or people who advocate for them in terms of a legal process or procedure?

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

Mr. Speaker, often what our electoral system does is it fails to recognize the geography of our country. In my riding there is a first nations community on an island called Kuper Island. In the last election, during the advance poll, the electors from Kuper Island were expected to travel by ferry from Kuper Island to Vancouver Island, drive 45 minutes north, get on another ferry and go to Gabriola Island for the advance poll. That clearly demonstrates a lack of understand about the geographical challenges in some of our ridings.

In addition, I know much work has been done around including polling stations on many first nations reserves to ensure that people have access to polls. More work needs to be done in that particular area.

I think it is also important to include in that some background information and voter education. That applies across the country. I think voter education is a really important piece of what we need to do more of.

I mentioned earlier the question around the status cards. The concern is that we still have not had any clarification about whether, with this new bill, the old status cards will still be accepted if we have an election before the new status cards come out. Again, I do not know if there has been adequate consultation.

This question comes up consistently about how first nations people have been consulted in terms of their right to vote, their access to voting, and the identification that is required for voting. Those are all really important considerations. If the consultation process continues the way it has in the past, I would argue that it has been insufficient.

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

Mr. Speaker, I am wondering about my time.

[The Acting Speaker, Royal Galipeau]

At 1:30 p.m. I will tell the member that his time is up.

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

Mr. Speaker, let me begin by restructuring my arguments in the right sort of way.

I want to begin by dealing with the very last comment the hon. member for Vancouver Island North made regarding aboriginal people and concerns about the identification they would be able to use at the polls. This issue came up in committee and I felt it was dealt with very effectively. It was in a spirit of multi-partisan cooperation that we dealt with this.

The committee amended the bill as it is before the House. It was actually a Liberal proposal submitted to committee. I spoke to it and we adopted the proposal dealing with identification.

Under the provisions of Bill C-31, we need to have either one piece of identification with our photograph, name and address in order to vote, or we need two pieces of identification authorized by the Chief Electoral Officer. I am reading from the bill, “each of which establish the elector’s name and at least one of which establishes the elector’s address”.

This was an amendment I had proposed going from two pieces of ID with an address and name to just one with an address. It ensures that a number of commonly used pieces of identification that do not have the address but that have a very high degree of certainty such as passports, bus passes, student cards, and items that are out there in great number and not likely to be fraudulently produced because the issuing authorities have very strong incentives for reasons of their own to prevent people from coming up with fraudulent bus passes, for example.

This allows a wider range of people to vote, particularly those with a lower income and who do not have drivers licenses or students who move frequently and therefore unlikely to have identification with their address.

The amendment that had been moved by one of the Liberal members on committee says:

--a document issued by the Government of Canada that certifies that a person is registered as an Indian under the Indian Act constitutes an authorized piece of identification.

This would be one of those two pieces of identification required to be produced at the polls.

A special effort was made to ensure that aboriginal people who have some particular difficulties, given the fact that many of them live on reserve and do not have some of the ID other people would often have such as passports, bus passes, student cards, or driver's licences, would still be able to have an ID and go to the polls to vote.

I have a great deal that I would like to talk about, but I am going to have difficulty doing it in the allowed time. Therefore, pursuant to Standing Order 26.(1), I move:

That the House continue to sit beyond the ordinary hour of daily adjournment for the purpose of considering Bill C-31.

[The Acting Speaker, Royal Galipeau]

Will all those members who object to the motion please rise in their place.

And fewer than 15 members having risen:

Fewer than 15 members having risen, the motion is adopted.

(Motion agreed to)

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

Mr. Speaker, on a point of order, I would like to ask about how much time I had initially now that we are continuing on as if I had the full amount. Was it 10 minutes or is it 20?

[The Acting Speaker, Royal Galipeau]

Since you have moved a motion, that ends your speech.

[Paul Dewar, NDP, Ottawa Centre, ON]

Mr. Speaker, regarding Bill C-31 which I will speak to eventually, I did not have the luxury of hearing my colleague speak because of his self-inflicted censorship. He knows that the committee heard witness statements from people who represent the homeless, aboriginal people and students. They were very concerned with what was being put forward in this bill, that a voter would have to find a person to vouch for the voter if the voter was not able to present photo identification or two pieces of identification that was recognized as legitimate by the government. In the present system a person can vouch for a voter by identifying who the voter is and that would be fine. As the member knows, the bill restricts it and only one person on the voters list in that particular riding and poll is able to do that.

The member knows from the testimony that witnesses were asked specifically about what effect this would have on the homeless who move around quite frequently and do not have proper identification. I asked if people would lose their ability to vote in the circumstances as presented. In other words, a homeless person who has to have someone vouch for him or her would not have that benefit because the person vouching for the homeless person may be an advocate who might be on the voters list but does not live in the riding in question. There would be a barrier to homeless people being able to vote.

The member was in committee and heard the testimony of those who advocate for the homeless, aboriginal people and students. Does the member not understand that the witnesses highlighted this barrier and said we should not do that? If the member believes them and not me, then why is he supporting this bill and why is he not supporting the amendments I put forward for a statutory declaration? In other words, do we not trust Canadians? Are we so big brother and paternalistic in this place that we decide what is good for them? I am curious as to what the member thinks about that.

[The Acting Speaker, Royal Galipeau]

The hon. member for Lanark—Frontenac—Lennox and Addington will have the pleasure to respond to this question at 2:30 p.m. when we return to government orders. I am sure the hon. member for Ottawa Centre will wait with anxiety for the reply.

It being 1:30 p.m., the House will now proceed to the consideration of private members' business as listed on today's order paper.

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.

[The Acting Speaker, Royal Galipeau]

When we last considered this bill, the hon. member for Ottawa Centre was waiting with bated breath for a reply from the hon. member for Lanark—Frontenac—Lennox and Addington who has the floor.

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

Mr. Speaker, Gladstone said that if he was asked to give a speech on a week's notice he could do a 10 minute speech; if he was given a day's notice it would take him an hour.

I have had lots of time to prepare my answer to this question, so I can be brief. The member asked me specifically about problems relating to homeless people and their ability to vote under the new law. I think he is right to have concerns about it.

That is why at committee I proposed an amendment to the bill which was accepted by the committee and is now in the context of the law. It will ensure greater access to voting and to being on the voters list for people who are potentially unable themselves to put themselves on the voters list.

This is of course of great importance not only to homeless people but also to people who may be off at work when the enumerators come by to record who is living at a new address, perhaps in a new subdivision where no one lived a year before.

We have amended subsection 101(1) of the act. That subsection deals with who can be placed on the list by a revising agent coming to the door. Subsection 101(1) as amended will read as follows:

The returning officer or assistant returning officer may add the name of any elector to the preliminary list of electors if--

And this is the part we have added:

--the elector, or another elector who lives at the same residence as the elector, at their residence and in the presence of the revising agents completes the prescribed registration form and takes the prescribed oath.

That means individuals can get onto the list without having to have ID themselves or even being present, as long as another person residing at the same residence is there at the residence when the revising agents come by.

I should mention in this context that this was something the Chief Electoral Officer actually asked for in order to ensure that we had cast it as widely as possible. I think it was a very positive change. I am sure now that we have refreshed his memory, that the hon. member will recall that important change which will enfranchise so many Canadians in a way that does not exist at present.

[Paul Dewar, NDP, Ottawa Centre, ON]

Mr. Speaker, I would like to thank my colleague for his attempt at trying to answer the question. I guess I will have to restate it for him. My question was not about that particular amendment, which does nothing, zero, zilch, rien, nada for homeless people.

I was referring to the fact that there are people who have been helping the homeless with statutory declarations and other methods. The member was at committee. He knows this is not about having enumerators going to a certain place and getting homeless people on the list. This is about homeless people presenting themselves at a polling station and there is no one there on the voters list who can vouch for them. The people advocating for the homeless said this would be a barrier.

We are basically ignoring what the witnesses said at committee. We are basically saying that we know better, that Big Brother is in charge. We are not listening to people who are actually citizens and those who are advocates. I am just curious as to my colleague's take on this.

The member said he put the amendment forward. We all put the amendment forward in the spirit of cooperation. It was not challenged. I put the idea forward as well.

Does my colleague not agree that a barrier is still there for homeless people and aboriginal people? Only one person on the voters list will be able to vouch for another person. People advocating for the homeless are often not in the same riding. We have in fact set up barriers. That is what we heard from people advocating on behalf of the homeless.

This is going to land up in court and we are going to spend millions of dollars, and the thing will be thrown out anyway. In essence we are saying that Big Brother knows best. I am just curious as to why he thinks the bill with these barriers will help people exercise their franchise.

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

Mr. Speaker, we could dispute the prominence of this particular amendment. It came out of questions I asked to the Chief Electoral Officer. I asked him specifically to point these things out. We all agreed on it and that is the main thing. I will deal with homeless people in a second.

The member raised the point about aboriginal people and I did deal with their ability to vote. In response to an earlier question, I pointed out that Liberal members proposed, and we all accepted, an amendment which would ensure that a wider variety of identification could be used for aboriginal people in order to ensure they are able to identify themselves while still ensuring the proper security is in place and people know their franchise is secure.

The questions dealing with people presenting themselves on election day is one that is best dealt with by a non-legislative means. The Chief Electoral Officer could put extra effort into ensuring that greater enumeration is done in these areas and more resources be devoted to the areas that have a high turnover in population. That would be true both during the period of enumeration during the election and I would think on election day itself. That would have a profound impact. That is an administrative nature and was raised in committee. A number of members asked the Chief Electoral Officer and he indicated his good will.

When the new candidate for Chief Electoral Officer is before committee next week I think we will have the opportunity to ask him what he would do to ensure that maximum coverage takes place and as many Canadians are fully enfranchised on the list, and the voting process is made as smooth as possible.