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

[Catherine Bell, NDP, Vancouver Island North, BC]

Mr. Speaker, it is my pleasure today to speak to Bill C-18 recently introduced into the House of Commons in an effort to fix a hastily adopted bill, Bill C-31, from the last session of Parliament.

I say hastily because I know the committee heard from many witnesses. They heard from Elections Canada, first nations, students, homeless advocates and the members of the committee, including the NDP member for Ottawa Centre, who was the critic at the time.

I know a lot of issues were raised on Bill C-31. Unfortunately, some of the flaws that were pointed out were not addressed. They were overruled by the members of the committee.

Today we are trying to fix a problem created by the Conservative government. The problem is the new stringent regulations, as set out in Bill C-31, on the cards to prove one's identity ultimately will lead to the disenfranchisement of over a million voters, as we have heard. This was pointed out by Elections Canada after the fact. Basically that has forced the government to come up with this new bill to try to undo the damage.

Under the new regulations of Bill C-18 being considered today, voting will still be more difficult for many cross-sections of Canadians, including people with rural addresses.

That is why I am here today to speak to the bill. I represent a riding that is probably 50% rural. We have a lot of small towns and a couple of large centres that get home delivery, but most of our communities get rural mail delivery. It is for them that I am worried.

I also have to include myself in that group of people because I live in a small town. I have a box number. Fortunately for me, my residential address is also on my driver's licence, as well as my box number. If that were not the case, I might find myself on election day unable to vote, or having to prove who I am.

In areas of Courtenay, where there is rural mail delivery, many people living on small farms and on lots outside of the city limits. They do not have home delivery. These people get their mail at the side of the road in a box, and it is an RR number. It has been like that for many years and a lot of the people have lived there for many years. This includes the area of Royston, which is just south of Courtenay where my aunt lives.

She has been in that place for over 50 years. She just turned 80 years old. She has always lived in the same place. She may find herself at the polling station unable to vote because she does not drive. She does not have a driver's licence with a picture ID on it and probably could not prove who she was. All her neighbours and the people who she knows would be unable to vouch for her because they might find themselves in the same predicament without the ability to verify who they are.

Also areas of Comox and outer areas of that town do not get home delivery. Up in the Lazo area, many people living in the little communities of Merville, Black Creek and Oyster River may be disenfranchised from their vote. Again, these people do not get their mail delivered to a box in a central post office. Because of what happened with Canada Post over a number of years, we have found that our mail is delivered to small community grocery stores, gas stations or other places where people have to pick up their mail. The mail does not come to their residences, so they usually have a rural mail delivery address or a box number in those places. Many people are going to find they have a problem.

I spoke a little about box numbers. Most of the communities in my riding, for example, Cumberland, Gold River, Sayward, Tahsis, Port McNeil, Port Hardy and Port Alice, Zeballos, have very small post offices. They are a long way from Ottawa and the larger geographical centres of British Columbia. People in these small towns rely on the post offices as the place to get their mail. Pretty well everyone's mail is delivered to a post office box. Many people live on roads that may not even have a name or a sign and their residence address would not be listed.

The other interesting thing is that there are a lot of little islands, Hornby, Denman, Quadra, Cortes, Alert Bay and Sointula, all those little islands we travel to and from. The people who live on those islands also get their mail delivered to a box at the local post office which in many instances is in the local community grocery store. These people may also find themselves disenfranchised.

That is a lot of communities, in fact most of the communities in my riding. There are only two main communities where people would get their mail delivered to their home and their home address would be on their card. We are concerned about what might happen with the people in the small communities.

The other thing I have to highlight is all the first nations communities in my riding and there are a lot of them, including places like Owikeno, Kingcome Inlet and up in Simoom Sound. These places are very remote. People do not get their mail delivered to a post office box or to their home. Their addresses are bag number such and such in the closest town and the mail is flown in on small airplanes or taken in by boat whenever the weather is good. That is how they get their mail. If they were issued a card that said bag number such and such, or whatever, obviously they do not live in a bag, they live in a beautiful community up the coast, but they could find themselves disenfranchised.

It is already hard enough for some people in our smaller communities and especially first nations because until recently they did not even have polling places on reserve, so they were feeling disenfranchised that way as well.

We are trying to find more opportunities to increase the vote among first nations people in our communities. I know in the last election we worked very hard with Elections Canada to make sure that there were polls on reserves so that people would have an opportunity to vote where they live. That is so important.

Some people in our rural communities have to travel quite a distance to exercise their franchise. We take it for granted when we live in a larger centre, in that we can just take a few minutes to go to our polling station and vote. We need to make sure there are more opportunities to do that, not less.

Also, I talked about homeless people and transient populations. My colleague, the member for Vancouver East, spoke passionately about how we would be disenfranchising many of those people in the inner cities who live in shelters or who are homeless. There were some provisions made to identify them and to make sure that they were not left out.

In my community we do not have big shelters. We have a couple of small ones, but we also have many homeless people in my riding. Many of these people are couch surfing. They are living in cars. There are families who are living at campsites. There are people who are double bunking, a couple of different families living together trying to make ends meet, trying to find suitable housing.

I do not know what will happen to those people if they have no address at all and they cannot prove where they are living. It is going to be really difficult for them at voting time. It is something that we should have addressed before.

At committee we also heard from students who were living away from home. Aboriginal representatives who came to committee brought up some of the flaws that were ignored at the time. As I said, here we are debating a bill that fixes another bill that was rushed through the House.

The NDP critic at the time who worked on the committee made presentations to our caucus. We understood the problems. We were the only party to vote against Bill C-31 at the time.

It is very unfair that all the groups that I just mentioned, aboriginals, students, rural residents, people who live in small towns, will have to jump through hoops in order to carry out their democratic right and civic duty to cast a ballot.

Constituents have called me to ask what is going on with respect to paragraph 3, proof of identity, in Bill C-18. They will have to provide proof of identity and residence. If a person cannot prove his or her residence, then the person may lose his or her franchise to vote. That is a problem. That is basically what brings us here today.

The provisions were introduced in order to combat voter fraud that allegedly was taking place in Canada. However, no meaningful evidence has been put forth to prove that fraud was occurring in any systematic or widespread way.

My colleague from Ottawa Centre mentioned that candidate fraud is a bigger problem than voter fraud, with the floor crossing that goes on. A candidate representing a certain party will get elected. People commit to a certain candidate. They work hard for that candidate to make sure that the candidate is elected and when that person gets to the House of Commons, that person might cross the floor to another party. That act in itself is what turns off a lot of voters. It is a shame that these things are allowed to happen in this House.

I also believe that the objective of stamping out voter fraud is an honourable one, but unfortunately, it is being pursued at too high a price under these bills. It basically alienates many honest Canadians and disenfranchises them from their opportunity to vote. It is too high a price to pay for something that really is not a huge problem in the first place. The most important thing is for Canadians to have easy and open access to the ballot.

I put forward a motion on electoral reform because I wanted to hear from more Canadians. More Canadians deserve an opportunity to vote and their vote should count. I wanted to hear from Canadians to find out how we could change and enhance our electoral system with proportional representation, but unfortunately that motion was hijacked by the procedure and House affairs committee. It basically turned into a process where the government could hear about Senate reform. I heard from people who attended the focus groups that came out of that procedure. The whole agenda was pretty much taken up with talk about Senate reform. There was very little talk about electoral reform.

That is sad because I know that in the province of British Columbia where I come from, electoral reform is something that a lot of people wanted. When we had our referendum in 2005, it did not pass, but it did not lose by much either. We had over 50%. Unfortunately, the way it was set out it had to have 60%, but 57% is more than 50% plus one. That is what we need to have a majority in this House. I think a majority of British Columbians did want some sort of change in our electoral process.

Back to the bill at hand, the NDP critic for democratic reform, the member for Timmins—James Bay, is taking an active role at the committee. Other NDP MPs are rising in this House to ensure that the rights of all Canadians are protected at the ballot box.

My colleague from Timmins—James Bay also is in jeopardy of losing his vote. There was an article a number of weeks ago in the paper about that. His driver's licence has a very strange address. That is how things are done in his riding. It does not list his residence, but only lists the number of a road. He is willing, as I and others are, to jump through the procedural hoops that the government has placed before us to make sure that we get to vote on election day.

I do not have to ask how many of my constituents would be willing to find someone to go to the polling station with them to declare that they are who they say they are. Seniors, people with disabilities, young people who are voting for the first time, are they going to show up at the ballot box with the people necessary to prove who they are, or will they walk away? I think most people would say, “Forget it. This is too much trouble. Why bother”. Such a procedure is going to turn people away from the voting process. This is something that we ought not to do. We should be encouraging people to get out and vote, not making it more difficult for them. We should not be setting up roadblocks.

Already voter turnout is too low. I think that voter turnout hovers at around 65%. That is quite shameful. It means that members were elected to the House with the support of 65% of the population, and the percentage of the vote that we received makes it even smaller. That is something we need to address in this country. Again, that could be addressed through changing our electoral system.

I am proud to say that only the NDP caucus stood up in opposition to the original bill when it was being expedited through the House last spring. The Conservative Party introduced this troubling legislation and both the Bloc and the Liberals got on board on the condition that all voters' birthdates would be included in the voters list that is provided to the political parties. My colleague from Ottawa Centre fought hard against these provisions, but he was ultimately outnumbered at the committee where these amendments were made.

It is unfortunate that we are here speaking to Bill C-18. Both it and Bill C-31 threaten the very foundation of democracy and the rights of citizens that Canadians hold so dear.

I know that the NDP democratic reform critic will do all he can to ensure that fair amendments to this bill are adopted so that the right of all Canadians on election day will be protected.

I thank the House for the opportunity to speak to Bill C-18 and to put my party's point of view forward.

[Michel Guimond, Bloc, Montmorency—Charlevoix—Haute-Côte-Nord, QC]

Mr. Speaker, I am pleased to speak to this bill to amend the Canada Elections Act with regard to verification of residence.

Here is the problem, more or less. Elections Canada recently revealed that 1 million Canadians do not have a proper residential address under the terms of the original legislation. In other words, they do not have an address with a street number and a street name.

This is a reality both in Quebec and Canada. We have big cities, but we also have, numerically speaking, a large number of rural communities. Rural addresses quite often consist of post office box numbers or rural route numbers. For example, an address might include the name of the person, “Rural Route 1”, and the name of the municipality. We know that in most cases in rural areas, mail carriers deliver the mail to mailboxes along the roadside. Such is the case in my riding on Île d'Orléans, in Côte-de-Beaupré and in Charlevoix, where farms are very large. This makes mail delivery quite challenging.

In addition, Elections Canada realized that the addresses of residents of aboriginal reserves often consist of nothing but the name of the reserve. In my riding, there is a very dynamic aboriginal community, the Innu of Essipit. I am proud to salute the leadership of grand chief Denis Ross, as well as all of the band council and the negotiating team. In some aboriginal communities, then, the address consists solely of the name of the person and the name of the reserve. We can imagine that makes the process of identification somewhat complicated.

Worse still, those people could not appeal to another voter in the same polling division to vouch for them because most of the voters would not have the documents required to prove the address of their residence.

The problem is as follows. If you live in a township and your address is just “Rural Route 1”, it is very likely that the people who know you best or most intimately are your neighbours, and it could well be that those neighbours are your relatives. So, if your sister, your brother or sister-in-law lives on the same rural route as you, they have the same problem of identification. Their own address is incomplete for the purposes of Elections Canada. This measure has the same goal of improving the conditions for identification of voters.

According to Elections Canada, there are 1,012,989 voters, that is 4.4% of eligible voters in Canada, who do not have a residential address that meets the requirements of the Elections Act as amended. The situation is very disquieting. What is more, Elections Canada tells us that 80% of the residents of an area such as Nunavut do not have a personal address.

There are statistics for Saskatchewan, Ontario and for Newfoundland and Labrador. In Quebec, it is a matter of 15,836 voters or 27/100 of 1%, or more than 0.25% who could be facing the same problem.

Through Bill C-18, which are now debating, the government is amending the Canada Elections Act to provide more flexibility in the regulations concerning the verification of residence in the case of voters who live in areas where the municipal address appearing on a piece of identification consists of a postal box, general delivery or rural route.

This bill provides that where the address indicated on the items of identification presented does not establish the residence of the voter but is consistent with the corresponding information on the voters list, the residence of the voter is deemed to have been established.

For example, a voter whose piece of identity contains an address consisting only of the rural route could establish his residence if that postal address matches the information recorded on the voters list.

The bill also provides that in case of doubt the deputy returning officer, the poll clerk, a candidate or candidate's representative could ask the voter to take the prescribed oath if there is any doubt in the opinion of the election officials.

The Bloc Québécois supports the principle of the bill because we believe it is necessary to correct the law to avoid having 1 million Canadians deprived of their right to vote. Even though, numerically speaking, we are talking about a smaller number compared to other communities and other provinces, I believe that those 15,836 voters in Quebec also have the right to exercise their right to vote. Not amending the act would amount to depriving them of their right to vote, and voting is a democratic exercise in which we elect the representatives who will speak for us in Ottawa.

We are of the opinion that the NDP proposal to grant the right to vote to every voter who swears an oath is unacceptable. This proposal was already rejected by the three other political parties when Bill C-31 was studied in the previous session of this Parliament.

We believe that it is reasonable to require at least one piece of photo ID, if available, to verify the identity of voters and to ensure the integrity of the electoral system. There must not be any ambiguity: the NDP proposal could result in some fraud. The NDP proposal runs counter to the principles of identification required to vote in a general election or a byelection.

We know that the NDP is criticizing this bill because it believes it will not resolve all the problems created last spring by Bill C-31. We recall the discussions of the Standing Committee on Procedure and House Affairs where the NDP pointed out the situation of homeless people. I wish to reiterate what I said at that time: our party is not oblivious to the situation of the homeless. On the contrary, it is proof that despite economic prosperity, despite the fact that the dollar has reached its highest value in 30 years, there is the reality that there are poor people and homeless people in Canada and Quebec.

The problem for the homeless is that they do not always have an identification card. Yet, they must be able find someone to vouch for them and prove their identity. To adopt the NDP position would be to ensure that anyone at all could vote. We cannot support that position.

On the Liberal side, the member for Wascana, also the House leader of the official opposition, a Liberal member from Saskatchewan, is calling for this problem to be solved as quickly as possible.

In closing, I want to reiterate that the Bloc Québécois is in favour of this bill and that this problem is not new to us, even though it has received a lot of media attention lately. On December 7, 2006, Jean-Pierre Kingsley, former Chief Electoral Officer of Canada, appeared before our Standing Committee on Procedure and House Affairs and warned parliamentarians about the address problem.

I will close my presentation by citing Mr. Kingsley:

The requirement to prove residence presents a significant challenge. It is worth noting that in Quebec, which is the only province requiring ID at the polls, electors only need to prove their identity, not their residence. ... As well, the chief electoral officers of other Canadian jurisdictions have pointed out that in many rural and northern areas of the country, especially west of Ontario, the address on the driver's licence is not the residential address but the postal address.

In closing, we believe that this bill will be carefully examined by the Standing Committee on Procedure and House Affairs. I will say again that the Bloc Québécois is in favour of the principle of this bill.

[André Bellavance, Bloc, Richmond—Arthabaska, QC]

Mr. Speaker, I understand completely. This is going to be a very important question period.

It is my pleasure to speak to Bill C-18, An Act to amend the Canada Elections Act (verification of residence). A few minutes ago, my colleague from Drummond discussed this and stated that the Bloc Québécois supports Bill C-18 in principle.

The purpose of the bill is to close some of the loopholes in Bill C-31. All of our colleagues who have spoken to Bill C-18 talked about problems that resulted from the adoption of Bill C-31. People did not pass it in bad faith to cause problems, but, as is frequently the case, they realized after the fact that there were some problems. That is what happened with Bill C-31, which attempted to minimize opportunities for fraud or error by strengthening requirements related to voter identification. People were asked to produce identification that included their home address. That was when a pretty serious problem surfaced.

Elections Canada revealed that at least one million Canadians do not have a proper residential address, that is, an address with a civic number and street name, as required by Bill C-31. This might seem strange or unusual to someone who lives in the city and has always had a civic address with a street name. This does not mean, however, that these other people have nowhere to live. We are familiar with the plight of the homeless. However, there are also people who live in a rural setting who do not have that kind of address. It is not the same thing. They do not have a civic number and street name. They may simply have a rural route number. For instance, in the case of first nations peoples, their address might simply be the name of the reserve and nothing else. The address is just as valid, but it is not the kind of address that city dwellers tend to have.

One million voters represent 4.4% of all eligible voters in Canada. As I was saying, in rural settings, addresses often consist of post office boxes or rural routes. On first nations reserves, residential addresses often consist only of the name of the reserve. In order to ensure a healthy democratic process, everyone must, if possible, have the right to vote, which is an inalienable right.

Those who have a rural route as their address, for instance, cannot call upon a vouching elector from the same polling division, because he or she will have a similar address. If a voter brings along their neighbour or their roommate because they do not have all the documentation required by the law, the problem is that the other person will have more or less exactly the same address. They will have the same problem, that is, no civic number or street name. Therein lies the problem in Bill C-31.

This situation affects about one million people in Canada. Fortunately, the number is much smaller in Quebec, but there are people who do have that problem. Indeed, 15,836 voters, or 0.27% of all electors in Quebec were found to have an address that can be described as incomplete. They find themselves in the situation that I described earlier, in that they do not necessarily have a civic number or a street name. So, a solution had to be found to allow the greatest possible number of people to exercise their right to vote, a right—and I am saying it again, because it is important—that is unalienable.

So, Bill C-18 was drafted. However, the democratic process must be conducted while trying to prevent fraud as much as possible. Now, we joke about the days when people used to say that political parties would sometimes make dead people vote. We laugh, but it is not funny, because it was the reality. Some people did use that ploy at one time. Whenever the possibility exists, dishonest people will try to use all sorts of schemes to win elections in a fraudulent and illegal manner. That was done in the past. People would go to the cemetery, write down the name of a dead person, find his old address, and then go and vote while using the dead person's identity. This really happened.

In more recent times—unfortunately, this may still be happening, but it definitely did in the rather recent past—some people would vote by doing nothing less than to steal another voter's identity.

I do not believe I am mistaken in saying that this happened in the borough of Anjou, in Quebec. In the very recent past, it was proven that people were engaging in this fraudulent practice. Someone was elected because people—called floating voters—had been paid to vote for that person by stealing other voters' identities. This is a serious problem that must be prevented. That is why the NDP's suggestion that people simply take an oath in order to have the right to vote is highly problematic. It is not enough.

Bill C-18 amends the Canada Elections Act to relax the rules on verifying residence for voters who live in areas where the municipal address on pieces of identification consists of a post office box, general delivery or a rural route. The bill provides that if the mailing address on the pieces of identification provided does not prove the voter's residence, but is consistent with the information related to that voter on the voters list, the voter's residence is deemed to have been proven. For example, a voter whose identification shows an address limited to a rural route can prove his residence if that mailing address matches the information on the voters list.

In the case of someone who is vouching for another voter, the bill requires that the voucher first prove his or her own identity and residence. If the address on the voucher's identification matches the information related to the voucher on the voters list, that address can be used to prove the voucher's residence.

I will conclude by saying that if there is any doubt, the deputy returning officer, poll clerk, candidate or candidate's representative can ask the voter to take the prescribed oath. This is what is proposed in Bill C-18. As I said earlier, the Bloc Québécois supports this bill in principle.

[Dennis Bevington, NDP, Western Arctic, NT]

Mr. Speaker, my colleague has put forward many good arguments. Over the past while in Parliament, before the summer break, we worked diligently on this issue trying to understand what was driving the government agenda in actually developing Bill C-31 in the first place.

Is it a question of voter fraud? We had four cases of voter fraud in the last four elections. That is not sufficient to bring forward an act to this Parliament.

Is it a question that somehow our system of voting is under scrutiny, that the elaborate system of returning officers, scrutineers and the complete system of Canadian voting, which is probably one of the best in the world, is somehow under suspicion? Are we letting too many people through the gate? Is it because some people walking into the polls are unable to identify themselves in many instances?

Yes, there are some problems but did it require this kind of authoritarian hammer that came down in terms of Bill C-31? Or, is this something else? Is this really about social conditioning? Is the bill one of the steps that is leading us toward a more authoritarian state where everything we do must be qualified with some form of identification, where we are moving toward government identity cards and where we are taking the steps that will lead us to a society that Canadians will not like? Or, are the steps being taken small ones so that Canadians will be conditioned to accept this kind of burden?

What does my hon. colleague think was the motive behind the government moving ahead with this legislation, wasting our time in Parliament and creating a situation where, in the next election, we will have massive confusion at the polls, which will turn many people off voting? What was the government's purpose in all of this?

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

Mr. Speaker, many people who live in urban environments are transient. I spoke earlier about the UN special rapporteur's report on housing and homelessness in Canada, and it is no wonder. People are facing a crisis. Many people who live in cities simply do not have an ID or a residence address but they can be vouched for under a statutory declaration. It is a fairly widespread problem.

I want to quote from a blog on the CTV website. It is from someone in the Gulf Islands who said, “Well, I guess I won't be voting in the next election. I live on a small Gulf Island off the B.C. coast. We were recently assigned house numbers for this island but pick up mail on a different island and our voting stations are on a third island. A few years ago I was turned away at the polls because my driver's licence address (place I live) didn't match my voters card address (mailing address). Here we go again....”

That kind of thing happens all over Canada.

In one of the advance polls in the last election, a person who lived on one Gulf Island had to travel to Vancouver Island to cross over to another Gulf Island to vote in the advance poll.

If we are going to talk about how we actually ensure voters legitimately vote in this country, we need to fix some of the problems that are in the system that have been clearly identified, instead of doing the kinds of things in Bill C-31, which actually made sure voters could not vote.

[Libby Davies, NDP, Vancouver East, BC]

Mr. Speaker, I would like to thank my colleague from Nanaimo—Cowichan for giving such a good overview of the current legislation before us, Bill C-18, as well as its predecessor, Bill C-31 which was approved by this House.

I want to emphasize the points she made. The original bill, Bill C-31, was actually a bill that did not need to come forward. It was a bill that was manufactured by the government based on alleged voter fraud that really does not exist.

There are isolated cases from time to time but the chief electoral officer and Elections Canada have a very good system for following that up and actually zeroing in on where there may be potential fraud.

Therefore, this bill, in its previous form, was never required in the first place. What it did was it disenfranchised millions of rural voters, as well as those who live in an urban environment who may not have the necessary ID. There was nothing wrong with the way people in my riding of Vancouver East voted but they were suddenly disenfranchised by Bill C-31, as they will be by this new bill.

It is quite astounding that a problem that never existed has now become a problem because of legislation that has been created by the government.

We know about the rural voters and the fact that is why this new version of the bill has come forward, but is it also not the case that there are other voters who will be disenfranchised? Unfortunately, there is nothing in this bill that will correct the situation for those people. They are mostly people in inner cities, homeless people, people without ID and who have every right to vote. As a result of this legislation, they will still find it difficult to vote, if not impossible. They will, in effect, be disenfranchised.

I know I and my colleagues have pressed very hard to get this message through. It is quite alarming that not only did the government not listen, but the Liberal Party and the Bloc Québécois rejected those arguments as well and went along with this bill. Now we have the second version of the bill back and it is still a flawed bill.

I would ask the member to comment on how this impacts people in the urban environment as well.

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

An infestation, as the member for Winnipeg Centre points out.

This is all about democratic reform and accountability in our voting system.

We also had an opportunity in this House to put forward proportional representation and members of this House folded like a stack of cards. We had an opportunity to ensure every vote counted so that we did not end up with a government that sometimes ended up with a majority when it only had 35% of the vote. Now that truly is a democratic reform initiative.

The member for Vancouver Island North brought forward a motion proposing electoral reform that would have substantially impacted on the way this House operates. Instead, members chose to disregard that very good motion. Canada is one of the few western democracies left that does not have some form of proportional representation.

I think New Democrats have a very proud history of fighting for democratic reform, electoral reform and for standing up for working class and middle class families to ensure their vote actually counts for something in this House. We are proud to be in the forefront in that area.

To get back to Bill C-18, I want to emphasize how broad the scope is of this problem. In a CTV news story on November 2, it stated:

Elections Canada last week disclosed that one million rural Canadians do not have a proper residential or civic address--complete with street name and number--as envisaged by the original legislation.

--that is Bill C-31--

Rural addresses are more often post office boxes or rural route numbers. On native reserves, a resident's address is sometimes simply the name of the reserve. The problem is particularly acute in the North, Saskatchewan and Newfoundland and Labrador.

Under this bill, many communities in our province simply would not have the right to have their votes registered. Our member for Timmins—James Bay is one of those. The member for Timmins—James Bay has called on this House to not only look at the disenfranchisement of rural voters, but also to look at the disenfranchisement of homeless people, transients, students, other rural people and aboriginal people. The list is very long.

When Elections Canada released its report, it gave some specific numbers, which I think are important. It released a report to Parliament saying that 4.4% of eligible voters do not have the proper address required by law. In Nunavut, 80.75% of the voters cannot offer a street name or address; 27.3% in Saskatchewan; and 23% in Newfoundland and Labrador. That is a serious problem.

I am hoping the House will look at the impact Bill C-18 would have on rural voters but I also hope the House expands its view and looks at all the other people who are disenfranchised.

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

Mr. Speaker, I am pleased to speak to Bill C-18. Of course, if all members of the House had done their job when Bill C-31 was before the committee, we would not be in this position.

The parliamentary secretary spoke about the fact that the NDP opposed Bill C-31 simply because it was concerned about homeless people. There are a couple of things I would like to say about that. I am sure the parliamentary secretary could not possibly be suggesting that homeless people should not vote. We know that homelessness is a rising crisis in this country and that there are increasing numbers of homeless people in Canada. I would be very surprised to hear members of the House say that homeless people should be disenfranchised.

I point to the preliminary report of the UN special rapporteur, Miloon Kothari, that was released on October 22. It talked about the fact that Canada has a crisis in housing. We have a national crisis that is in an emergency situation. We know that independent sources are talking about increasing homelessness. We know homeless people often do not have identification that would allow them to vote.

Members of the Bloc are suggesting that somehow the New Democrats are not in favour of integrity in the voting system and that is absolute nonsense. The member for Vancouver East had a very concrete suggestion, one that has been used in Vancouver East, which was the use of statutory declarations for people who showed up with no identification and were not on the voters list.

NDPers are certainly very conscious of maintaining the integrity of the voting system and of ensuring there is no fraud, but I am also very aware that the Chief Electoral Officer also indicated that fraud is by no means rampant in this country. One wonders, when we attempt to use a sledgehammer on a small isolated problem, what the overall intent is.

When the parliamentary secretary answered a question I asked him about what this particular bill before us was going to do for people who were going to be disenfranchised, living in transient shelters and homeless, he indicated that the quote I read was actually not a quote of his from Bill C-18 when in fact it was his response to Bill C-18 amendments proposed by the Senate.

When the former Bill C-31 came back to the House for further review and consideration, I want to point out to members that New Democrats not only identified problems with that bill, and I am going to talk about some of them, but they also proposed solutions. They were concerned about rural voters in small communities. We talked about them being in small isolated communities. Not all rural communities are small and isolated, but we were certainly conscious of the fact that other community members could be disenfranchised.

On June 18, in response to amendments to Bill C-31 proposed by the Senate, the parliamentary secretary said:

What we are trying to do, by presenting a bill that will give increased and expanded voting opportunities for all Canada, is attempt to raise the level of voter turnout.

What we actually did with Bill C-31, in effect, is disenfranchise nearly a million rural voters. When those kinds of comments are made, one wonders if homelessness was considered as well.

The parliamentary secretary went on to say again on June 18, 2007, regarding amendments to Bill C-31 from the Senate:

I think there is no greater fraud that could be perpetrated on Canadians than that of an individual voting in a federal or provincial election who pretends to be someone that he or she is not.

Surely, there is also a fraud in disenfranchising voters. People have talked about section 3 of the Charter of Rights and Freedoms. When we pass legislation that says Canadians will not be allowed to vote because of where they live in rural Canada, surely that is perpetrating a fraud.

On that very same day of June 18, in response to Bill C-31 amendments from the Senate, the Minister for Democratic Reform said:

As I have mentioned on other occasions, this bill makes a number of changes to the electoral process that will reduce the opportunity for electoral fraud, improve the accuracy of the national register and the lists of electors, facilitate communication with the electorate and improve the administration of elections. These are changes that will be of benefit to all parties, to all candidates, and to all Canadians because it will make our electoral system, and in turn our democracy, stronger.

The Minister for Democratic Reform was supporting a piece of legislation that was actually going to make sure that some Canadians could not vote. How is that possibly in keeping with provisions for making our democracy stronger? In fact, in the government's rush to reduce a virtually non-existent fraud problem, it has actually made sure that well over a million Canadians will not be able to vote.

The bill attempts to correct that. If we are going to correct a piece of flawed legislation, I would argue that we need to correct all of the issues that were identified when Bill C-31 came forward initially.

Often in the House, we hear people talking about accountability, transparency, and fiscal responsibility. Bill C-31 was before the House and the Conservatives, the Liberals and the Bloc pushed it through despite some very strong reservations identified by New Democrats, and solutions suggested as well I might add. Now we are in the process of fixing a flawed piece of legislation at what cost to taxpayers.

We have a responsibility when legislation comes before the House. I have heard members say that not every piece of legislation is perfect and we have to do what we can do to get things through the House. However, when we do things hastily and without adequate consideration for broad ranging impact, we end up not only delaying the process, but we end up spending far more money than we needed to spend in the first place.

When the government brought in Bill C-18 to fix the problem of disenfranchised rural voters, it was not fixing the problems with respect to people who perhaps were homeless or living on low incomes. Does that mean we will have to bring another bill back before the House, at great expense to taxpayers, in order to fix a problem that should have been fixed when Bill C-31 was originally before the House?

I heard the parliamentary secretary speak about the fact that the primary reason that New Democrats opposed the original bill was because of our great concern for homeless people. We are absolutely concerned about people who are homeless. Whether it is their right to vote, their right to adequate shelter, and everything in between like health care, liveable wages, adequate education, we are concerned. I am very proud as a New Democrat to stand up and speak about these things in the House.

New Democrats identified a number of issues in Bill C-31 which are not being addressed in Bill C-18 and are still going to continue to be a problem.

We talked about the fact that the bill would result in thousands of individuals not being able to exercise their right to vote because of a lack of proper identification due to poverty, illness, disability or having no stable address. This also included people who were temporarily housed in transition shelters. We put forward a recommendation around the statutory declaration as an alternate means of identification for an elector to prove his or her identity.

We also talked about the fact that there were some serious problems with the vouching system. With the vouching system, one person can vouch only for one voter.

Sometimes, for example, there may be someone who lives in a riding and works a lot with people who are homeless, some of the street workers, who often have daily contact with people who are homeless. That person would only be able to vouch for one of those people who he or she works with on a regular basis. We were arguing that using that vouching system is a legitimate way to say that someone should be able to prove who they are and that one should be able to vouch for more than one person. That seems perfectly reasonable.

Surely, if one's credentials are good enough to vouch for one person, they should be good enough to vouch for five, six or ten people. What difference does it make?

I want to highlight the fact again that when New Democrats were speaking about the problems with Bill C-31, which have not been fixed in Bill C-18, they were identifying more than homelessness as an issue. The member for Vancouver East, in a very good speech that outlined a number of the problems and potential solutions, said:

What is being offered as the main solution to this problem is a voter identification system. In looking at the bill and knowing where this came from at committee, we want to express some of our concerns about what may be the unintended consequences of the ID system on voters. In particular, we are concerned about how this would impact low income people, people who live in small remote communities and aboriginal people who do not have the necessary ID outlined in the bill.

Clearly, the member for Vancouver East, who is a very experienced member of the House and has been a tireless advocate for homeless people, was also talking about people who are not only homeless but who lived in small and remote communities and aboriginal people.

Therefore, I think that is a very good example of how New Democrats talked about issues that included the homeless and others. Further on in her speech she talked about a solution. She said:

However, I have looked at this carefully and have talked to lawyers in my community who have been involved in providing assistance around statutory declarations for voters with no ID, and they are very concerned, as I am, about what this provision will mean. At present, it is acceptable for a voter to make a statutory declaration along with a person in the community who can identify the voter. In the downtown east side, it has often been a street worker, someone who knows many of the people in the community, who vouches for the individual. Under the new bill, [Bill C-31], this would no longer be allowed.

Bill C-18, which is before the House, does not take into account that provision that would have prevented the disenfranchisement of a number of people in our communities. The member went on to say:

We are prepared to see this bill go to committee. The government has said that it is willing to look at amendments--

We, of course, know that what happened is neither the government, nor the Liberals, nor the Bloc supported some of the amendments that the NDP put forward. This is the important part. The member also said:

--to ensure that by dealing with voter fraud, we are not at the same time unintentionally disenfranchising people who have a right to vote, who want to vote and who are voting legitimately, but would be precluded from doing so by these new provisions.

We have seen the first round of people who will be disenfranchised by Bill C-31.

I talked a bit about the vouching system and how extremely complicated it is in terms of the fact that we have one person who can vouch only for one person.

The member for Ottawa Centre, again a tireless defender of democratic reform and people's right to vote, in his speech against Bill C-31, and this is prescient, identified some problems that could occur. He said, “I would hate to see unintended consequences that would do the same here”. In this context he was referring to some problems that happened in the civil rights movement in the United States where people were, some would argue, intentionally disenfranchised and there were court challenges that resulted from that. He said:

We have seen laws in this country that have done that. I refer to B.C. and its so-called section 80, whereby people were not able to get on the voters list until the actual day of the election simply because of a flawed enumeration system. It is important to acknowledge, with the way the bill is presently written, that a charter challenge could happen.

The member for Ottawa Centre spoke about the fact that there could be unintended consequences of the bill and what do we see but over one million voters in Canada not able to vote because of this very deeply flawed bill.

The member goes on to talk about solutions. People in the House have said that New Democrats only oppose things, not propose things. That is wrong. We talked about the fact that enumeration, which has been cancelled, would have been a very good way to ensure that we had the best possible electoral list so that people would be accurately reflected on that voters list. It would certainly ease voting when it comes to voting day. That would have been one solution, along with the use of statutory declarations.

One of the members referred to the fact that New Democrats are not doing anything on democratic reform. Again, that is absolute utter nonsense because we know the previous member, Ed Broadbent, with whom I was very proud to serve as a member of the New Democrat caucus, presented a very detailed plan on democratic reform. Part of that plan dealt with corporate lobbyists. When we talk about democratic reform, we had the member for Winnipeg Centre yesterday pointing out the fact that measures to deal with corporate lobbyists under the Accountability Act still have not been put in place.

The member for Winnipeg Centre has been tireless in talking about ethics and accountability in this House.

We have a government that ran on a platform of accountability and so-called clean government and now we have a situation of Conservative corporate lobbyists who, because of the Conservatives' failure to enact certain provisions of Bill C-2, the Accountability Act, they have pretty much a free licence these days.

[Pauline Picard, Bloc, Drummond, QC]

Mr. Speaker, I think that the NDP's proposal, which would give voting rights to any person who swears an oath, is unacceptable. That proposal was rejected by the other three political parties last session during consideration of Bill C-31.

We believe it is reasonable to require photo identification, if available, to verify the identity of voters and ensure the integrity of the electoral system.

I would like to point out that there have been serious fraud cases. The time when someone could pile a bunch of people onto a bus and have a voter swear an oath to identify them is over.

[Pauline Picard, Bloc, Drummond, QC]

Mr. Speaker, Bill C-31 asks electors to bring a piece of photo ID when they go to the polling station. That does not present a problem in Quebec, because driver’s licences and health insurance cards have photographs. However, the Chief Electoral Officer has authorized two original pieces of identification, one of which can establish your name and the other your residential address.

The identification card can be a health insurance card, social insurance card, birth certificate, driver’s licence, Canadian passport, a credit card to identify the name, a Canadian Forces identity card, a health card, employer card or old age security card, or a public transportation card. There are also documents that can establish name and address, such as a credit card statement, a bank statement, a utility bill such as a telephone, cable, hydro, gas or water bill, or a bill from a public utilities commission. This can also be a local property tax assessment, a residential lease or, for students, a school report card or transcript; and the list goes on.

An older person will have no problem voting, and could even go in with another elector who will vouch for him or her, if that elector has all of the pieces of identification. Everything has been done in Bill C-18 to facilitate things and to remedy the mistake that was made in Bill C-31, which contained the restriction that prevented some people who have post office boxes from proving their address. This bill corrects the mistake that interfered with a million people in Canada voting.

I do not think this poses any problems of the kind suggested by my colleague in the NDP. I know the New Democrats do not support this. We have often seen this in committee, particularly when it comes to bills that require identification. They think this means that homeless people would not be allowed to exercise their right to vote. Everything is being done, however, in the present Bill C-18, to accommodate those people.

The right to vote is also a responsibility that rests on every citizen. Everyone must be informed about how that right can be exercised.

I have just come from a meeting of the Standing Committee on Procedure and House Affairs, at which the Chief Electoral Officer spoke as a witness. He informed us that he is in the process of initiating a broad campaign to raise awareness everywhere in Canada, to genuinely inform the public about their rights and the methods available to them for exercising the responsible right that the right to vote represents.

[Pauline Picard, Bloc, Drummond, QC]

Mr. Speaker, I am pleased to take part in this debate on Bill C-18, An Act to amend the Canada Elections Act (verification of residence). First of all, I would like to say that the Bloc Québécois supports the principle of the bill.

In February 2007, the House of Commons adopted Bill C-31. This bill amended the Canada Elections Act primarily to reduce the possibility of fraud or error by strengthening requirements pertaining to the identification of voters. the Chief Electoral Officer had already expressed concerns about possible problems caused by the requirement to provide proof of identity and residence.

On December 7, 2006, when he appeared before the committee studying Bill C-31, he gave parliamentarians the following warning.

The requirement to prove residence presents a significant challenge. It is worth noting that in Quebec, which is the only province requiring ID at the polls, electors only need to prove their identity, not their residence.

As well, the chief electoral officers of other Canadian jurisdictions have pointed out that in many rural and northern areas of the country, especially west of Ontario, the address on the driver's licence is not the residential address but the postal address.

He got it right. According to Elections Canada, 1 012 989 electors, or 4.4% of qualified electors, do not have residential addresses meeting the requirements of the Elections Act as amended by Bill C-31.

In preparing this speech, I wondered how many voters in my riding might be affected. We inquired with the office of the Chief Electoral Officer. So far, all we were able to obtain was an acknowledgement of receipt, conforming that my inquiry had been referred to the appropriate branch. That takes some doing. Having been made aware of a problem, Elections Canada is unable to tell an elected member of the House of Commons how many voters in her riding might be affected.

But if an election were held today, nearly one million voters across Canada, including 15,000 in Quebec, would be prevented from casting a ballot.

These are the tens of thousands, if not hundreds of thousands, of voters in the various provinces who do not meet the new requirements of the Elections Act. A journalist from La Presse also tried unsuccessfully to obtain an explanation from Elections Canada.

At various stages of the electoral process, electors are expected to provide undeniable proof of identity, particularly at the time of casting a ballot. Identification systems may also be used for registering voters or granting staff members access to their place of work or to a computer system. Some countries rely on the honesty of voters and do not require them to provide any documents as proof of identity. Other countries do require proof of identity, hence the need for personal identification systems.

In some countries, the use of ID cards is widespread, while in others, ID cards are not intended for everyday use. The public's response will determine whether or not this is an appropriate practice.

For electoral purposes, voters may produce ID cards when registering or at the polling station. Such cards may also be useful to give election officials access to their place of work or to other restricted access areas such as polling and ballot counting stations. They may also be used by the personnel responsible for voter registration or verification of voters lists.

Most ID cards used when voting do have the advantage of helping reduce opportunities for fraud. The ones that include a photo, a signature or a fingerprint ensure an even tighter control, but they must be used with caution, while taking into consideration the country's cultural context. Some security printing processes, such as holograms or coloured illustrations that are hard to copy, also reduce the risk of false ID cards, as do identification procedures that rely on biological information.

In its present form, the Canada Elections Act requires all electors to prove their identity and their residence before being allowed to vote. The new requirements on voter identification are based on a unanimous recommendation made by the Standing Committee on Procedure and House Affairs.

In order to prove his or her identity, an elector must: provide a government issued identity card with his or her photo, name and address—a Quebec driver's licence, for example; or provide two pieces of identification authorized by the Chief Electoral Officer, with both pieces showing his or her name, and one piece showing his or her residence; or ask another elector, whose name appears on the list of electors for the same polling division, to vouch for him or her, after having provided the above-mentioned pieces of identification.

The concern expressed by the Chief Electoral Officer, which we share, is that some electors may not be able to provide pieces of identification to prove their residence, as required by the law, because they live in an area where there are no municipal addresses, or in a region where such an address is not usually indicated on the driver's licence or other identification documents. This concern is the topic of the current debate, and we must find a solution.

The legislation needs to be corrected to ensure that a million citizens are not deprived of the right to vote. Bill C-18 will allow electors in regions where pieces of identification do not contain a civic address, just a post office box, general delivery or a rural route, to use identification with an address other than a street address to verify their residence on condition that it is consistent with the information on file in the National Register of Electors.

The same rule will apply to people who vouch for another elector. If the address on the voucher’s identification is consistent with the information in the list of electors, it will be deemed sufficient proof of residence. I would like to look a bit more closely at this bill.

It would allow electors to present identification with an address other than a civic address to verify their residence on condition that it is consistent with the information on file in the National Register of Electors. This is meant to cover people who live on rural routes, for example. The bill also authorizes an election officer, a candidate or a candidate’s representative to require the elector or the voucher to take an oath in order to prove his or her place of residence.

In these cases, the residence of the elector or voucher will not be deemed proven unless the person takes an oath. We believe that it is reasonable to require an ID card with a photograph, if available, in order to verify the identity of electors and ensure the integrity of the election system.

People whose names are not on the list of electors but who want to register on polling day or at an advance polling station will have to prove their residence by presenting identification with a civic address because the list of electors does not have any information in it that would make it possible to compare a mailing address or an incomplete civic address.

The government’s purpose here is to adjust our aim. The verification of residence bill makes the identification requirements more flexible for electors who do not have a piece of identification with a street address on it when they have to prove their residence in order to vote. We what we wanted to do with Bill C-31 was not to restrict the criteria for qualification as an elector but to change the way in which the elector exercises the right to vote.

We added an additional way of proving one’s place of residence by presenting pieces of identification which corroborate the elector’s declared identity.

We believe as legislators that we should do everything in our power to ensure that there are no more cases of impersonation at elections.

We believe that the integrity of the democratic process needs to be better protected in elections, something that is absolutely essential to recognize political rights.

We are also very aware of the fact that no bill should have the direct or indirect effect of depriving a person of his or her right to vote.

[Olivia Chow, NDP, Trinity—Spadina, ON]

Mr. Speaker, we all agree that we want to raise the level of voter turnout. One practice would raise the voter turnout, and that is door to door enumeration. We used to do that for many years. When the Liberal Party was in government, it got rid of door to door enumeration. Now tenants, students, young people who just turned age 18 and new immigrants who have just become citizens are no longer on the list. They have not been enumerated. Because they are not on the list, often they scramble to try to get to the polling station if they even know where their polling station is.

The key element that would help to increase the voter turnout is not in this bill, not in Bill C-18 and not in Bill C-31.

I remember a few months ago, in the spring, the Liberal Party said that there was all kinds of voter fraud and they suggested we ask Elections Canada to examine a few ridings in Toronto, for example. Therefore, a lot of money and time was spent to check whether there was fraud. Elections Canada said that there was no massive voter fraud. There was no fraud at all. A few people had made mistakes.

If we all agree there is no voter fraud, then why did the different parties pass Bill C-31? We said that it would not fix anything and it created other problems. Now we have another bill. I have no confidence it will fix all the problems or that voter turnout rate will go up. I know people will be disenfranchised because of the problems that are still inherent in this whole debate, which is the lack of door to door enumeration in the first place.

I cannot see how, after a lot of time, energy and money spent on these papers to study this bill and that bill causing embarrassment, the bill will fix these problems. It will fix the problem for those people from rural Canada who have been left off the list, but I guarantee we will encounter other problems.

I hope we return to door to door enumeration so people who need to be on the list will be on it and they can then have a chance to vote.

[Éric Hébert-Daly]

Obviously, the New Democratic Party of Canada will support all efforts to encourage greater voter turnout. This has always been an issue of the utmost importance for our party.

However, just like my colleague from the Liberal Party, we share Elections Canada's concerns, which were mentioned by Mr. Mayrand. We are concerned, for example, that ballot boxes may be moved about, by the time it's going to take to implement the proposed provisions, and about the cost involved. We are looking at a 12 % increase in the general election budget. There was consideration of the 35 days of polling, but at the end of the day, it is 30 days in total instead.

In any event, the current Elections Act provides for several polling possibilities. This is why the money should perhaps be used on awareness and to encourage people to use the other existing methods and polling days including the advance polling ballot and special ballots which may be sent at any point throughout the campaign right up to the Tuesday before polling day.

We also are concerned about staff recruitment. I'm not necessarily referring to recruiting people, because I think it will actually be easier to find people to work on Sunday than on Monday. Rather, the problem is with training. If the election staff all have different schedules, there may have to be ongoing training of a large number of people throughout the whole process.

On several occasions throughout any given polling day, local identification of people is a problem. Either people are poorly trained, or they've been trained but have their own personal spin on what they're supposed to do on polling day. The problem only gets bigger when different people turn up to do the same job.

Our job, as a political party, is to get people out to vote, and this is always going to be our goal. But the fact remains that some people are always going to be a little upset about getting calls on a Sunday morning or having to answer the door when people come and try and get them out to vote. As a political party, we're going to have to be very careful about that. So, with that in mind, I encourage you to not necessarily see Sunday as an ordinary polling day.

In closing, I think that Bill C-31, which was enacted during the last parliamentary session, could have included a focus on voter turnout. Had this been done, now that the act has been passed, we wouldn't be facing so many problems today.

Thank you.

[Brian Murphy, Liberal, Moncton—Riverview—Dieppe, NB]

Mr. Speaker, I almost rose on a question of privilege when my friend referred to me as the new democratic reform critic. I think what he meant was the new critic on democratic reform for my party. It is almost in the way things are said, not what is actually said.

With that in mind, I do want to congratulate the parliamentary secretary. I would have had many questions for him, but I will pose those questions hypothetically to you, Mr. Speaker, and to the public who may be listening.

If this is a housekeeping bill and will cure the problem of a vast number of rural voters being unable to vote now because of a gap in the legislation, and if it is that non-contentious, and if it means so much to enfranchise over a million voters in this country in Liberal, Conservative and other party ridings, then why was it not given higher priority than Bill C-6, which we just debated, which by and large seems to affect an extremely small number of people, which seems to respond to a problem that does not exist?

Why was this legislation not given priority over a number of other bills that have achieved headlines far and wide across the country? Perhaps the answer is in my question itself: because it is better politics to get more press than to do what is right for over a million voters in this country.

Briefly speaking of Bill C-18, it is true that the parliamentary secretary has worked very hard in trying to get all parties together to bridge the gap that exists with respect to so many voters. It is true that discussions were held. It is true that a number of people have been consulted with respect to drafting the bill. But it is equally true that the government has misrepresented the facts which underlie the reason that we are here today.

If everybody had listened intently to the parliamentary secretary and to the Minister for Democratic Reform himself, it would seem that the Conservative Party is riding forth like the knight on the white horse to cure this problem. The truth is they sat on it; they ignored advice that came to their attention, or I guess in a legal standard, should have come to their attention as government earlier on, and I will get to that in a minute.

In announcing that the bill would be introduced, the Minister for Democratic Reform said, “Once again our government is showing real leadership by taking quick, decisive action to strengthen our voting system by addressing the problem of verifying the residence of voters”. I agree with everything there except “real leadership“ and “taking quick, decisive action”. He also said, “The legislative solution introduced today will ensure that legitimate voters will be able to exercise their fundamental democratic right to vote”.

I might remind all members of the House and some on the other side of the lack of fanfare or even notice of the fact that we have a Charter of Rights, and that the Charter of Rights is celebrating its 25th anniversary. I, as a relatively young member of Parliament, am a child of the charter. The charter in section 3, and I bet if I had a quiz on the charter, people could not pick the section that guarantees this right, which is the basis upon which this debate should begin and end, the democratic right of citizens, states that every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein. It is a very short section. I actually counted the words. That section has the fewest words in the whole Charter of Rights, but it is so succinct.

I find it kind of interesting when we look at the democratic reform ethos of the Conservative government how it has been interpreted by the courts has largely been with respect to the rights of inmates and judges to vote. Who would have thought that those two groups would be put together in terms of rights?

There have been significant court cases on whether inmates have the right to vote. People convicted of serious crimes are now determined by our courts to have the right to vote. So fundamental is this right, yet it would seem that the government, in its wisdom, by forging ahead with Bill C-6, might in effect be depriving a few unconvicted, uncharged citizens of this country who profess their religious beliefs of the right to vote, but inmates have the right to vote. I find that a curious turn of events given the government's very strong and strident support of an anti-crime agenda. The irony, of course, is quite delicious.

The other irony in the theme of my discussion and how it is not a case where once again the government is showing real leadership on that white horse is that in fact the Senate of Canada, one of those institutions that the government does not seem to really support, did in fact during its deliberations on Bill C-31 raise questions with respect to the qualification of voters, which as I indicated is guaranteed in the Charter of Rights. A group of senators reviewed the legislation, and let us remind ourselves that the other place has a duty to review legislation passed by the Commons.

We heard the parliamentary secretary for democratic reform in this House stand up and say, “Everybody missed it. Everybody in the Commons, all parties, missed it. It is just a big old mistake and a million people might not be able to vote. We are sorry. We put a whole bunch of bills ahead of this one because we care so much about those million voters in rural Canada who cannot vote. We are going to put a whole bunch of other bills ahead of this one and we are going to blame everybody equally.”

Not so fast. Let us work backward. On June 27, the bill itself, Bill C-31, received royal assent. Prior to that, in the month of May and before that time, the Senate of Canada was wrapping up its hearings. A number of questions were had of the Chief Electoral Officer at that time. Those questions went to identifying individuals who did not have addresses. The Chief Electoral Officer is another person who seems to be on the government's hit list. If we add it up, there are Muslim women and minority communities, the Senate of Canada, and now the Chief Electoral Officer. These are targets of the new government and its parliamentary secretaries, who wield such great power.

My friend who spoke to this bill today should be very mindful that the Chief Electoral Officer offered solutions himself, which came up as a result of the Senate's verification and review of legislation. He wrote, “In light of comments that I have already received”--as a result of Senate hearings--“I am considering broadening the list”--and he referred to identification--“to include attestation letters that could be signed by a person of authority in homeless shelters and student residences. Such letters would establish the residence of the individual and constitute one of the two pieces of identification required under section 143(2)(b)”.

It was also suggested there were problems, generally speaking, in ethnic communities with respect to voter turnout and verification.

He wrote to the questioner:

You had also suggested that Elections Canada should advertise in ethnic media to communicate the requirements for voter identification to the electorate and, in particular, ethnocultural communities. As part of its commitment to communicate clearly with a variety of groups within the electorate, Elections Canada has sought to tailor the information provided to ethnocultural communities.

He went on to describe what Elections Canada in fact had done in the ethnocultural communities and he talked about the attestation letters. The attestation letters prove the point that the Elections Canada officials are doing their job. The attestation letters were an afterthought as a result of the Senate hearings.

What we have is the Chief Electoral Officer, mindful that this is the act under which he is empowered, attempting to accommodate the law as written as a result of a verification and review in the other place. As a result, attestation letters are now, in practice, what prevails for homeless people, people in student dorms and other such facilities.

Would we not think that the question might be that in its thorough review of this legislation the government ought to have addressed the issue of attestation letters and made it, rather than a practice, the law? And would we not think that, and we may get to this when we send this to committee and correct it, in a thorough review, having had the experience of the byelections, the government would make it a priority to fix whatever flaws it had seen in Bill C-31?

In effect, do members not think the minister responsible, who wanted quick and decisive action, and the parliamentary secretary, who lives in a semi-rural riding, might have thought it very important to review what was already on the books in terms of committee work, or does the world for the Conservative government and the officers of democratic reform for the government end when the bill is presented to the Senate?

I suggest, not. I suggest that whatever happens in the Senate in the review of a bill is very much within the purview of the Minister for Democratic Reform. If he were not so busy taking questions for the Prime Minister and other people who are ducking issues, he would probably have time to do that. It also falls within the purview of the parliamentary secretary. He should have reviewed the work done by the Senate.

However, I am not here to defend the Senate on this item. I am here to defend the Chief Electoral Officer, who responded to a Senate inquiry. It is almost as if the democratic reform team over there did not exist. The real work was being done in the trenches by the Chief Electoral Officer and by serious senators who were involved in the review of the legislation.

In summary, it is very important for us to remember that the bill will, when taken to committee and fixed in a number of ways with the leadership that other members of the committee will offer to the bill, attempt to fix a problem that was actually created when it was decided we all must have forms of identification to vote.

If I could be non-partisan for a minute, we have to realize that we made a change when we decided in Bill C-31 that everybody had to show identification to vote. We owe it to ourselves to understand that in some countries this is the case and in others it is not. Clearly with respect to the over million rural voters, it effectively disenfranchised them. One has to ask the question we asked throughout the Bill C-6 debate. What was the problem before? Was there widespread abuse or fraud, concealment of identity or multiple voting in the rural ridings of Canada? I do not recall complaints made to Elections Canada.

It is like Bill C-6 where we do not have a single complaint to Elections Canada about voter fraud. We have the hums and ha's of the Minister of Transport, Infrastructure and Communities, who may have been driving by and saw people with pumpkins on their heads and somehow this became a very large issue.

What we have in this case is probably what will be the rub of the discussion. The serious rub of the discussion for members of Parliament is whether we will go to full identification, meaning photo identification. Countries in the democratic reform capacity not as sophisticated and not as developed as us have gone to that way. There are countries in west Africa that require photo identification to vote.

We have photo identification and a comparison against it, as said in legislation, to have a passport, which will allow us to enter other countries and to re-enter Canada. We have photo identification required by law by many provinces to have a driver's licence. We have photo identification requirements in many administrative and quasi-administrative instances in the country where government agencies are involved.

Do we want to take that bold grand leap toward photo identification for voting? It is a question with which we must all come to terms, be mature about and decide whether we want that. However, if we do not go there, if we do not jump in that large ocean, then we have to stay on the shore. There is no half-way on this.

It seems to me that whatever happened at Bill C-31, whatever happened in the Commons during the debate and in the Senate during its purview, with the poor Chief Electoral Officer trying to keep the middle ground, we have a situation where we are half wet. We have a situation where the first means of voting is to show one's picture ID, but the law does not say that the returning officer in charge has to compare one's face to the photo ID. It seems to be assumed that people would do that, but after all we are here to make law.

We are not here to just to recount our personal experiences. We are not here to talk about pumpkins at polling stations. We are not here to talk about multiple votes without proof. We are not here to talk about the anecdotes. This is a serious place where laws are made.

If we are to have a debate, the debate should be that if we say photo ID is one way of proving people's ability to exercise their charter right to vote, then we should also say that the photo ID should be compared to people's faces, which requires people to show their face. The law does not say that. Worse, the law goes on to say that the person only has to produce, as a second means of voting, two pieces of ID which have an address on it. As interpreted, those addresses have to concur with the list of electors. That is yet again a situation where no person's face is required to be shown. We are half wet on this issue. It is incongruous and very difficult for the Chief Electoral Officer to be sure that everyone who votes is voting.

Then we have to ask the question about our history. I would think that this particularly applies to rural Canada. In our history do we have such widespread voter fraud and multiple voting situations that we have to go that far? I would think not. What we have to rely on are the principles of trust, that when a Canadian citizen comes to the voting box, then in our heads, as lawmakers, as government officials and as the delegated responsible persons from Elections Canada, we should think of section 3 of the charter, “Every citizen in Canada has the right to vote”. It should be written large in both official languages at every polling station. We should do our utmost as parliamentarians to ensure that has been put into effect.

What has happened here is, in our rush to be half modern and half photogenic, we have said that one has to fit with the other.

On the positive side, the bill will go some way to cure a problem that exists because of our zealous pursuit of attempting to get rural people, our large rural population, to conform perhaps to a metropolitan view of how we identify ourselves. I think it is an identity issue. I think it is an issue that defines us as a nation.

In our country we have had periods in some cases of rapid urbanization and we have had periods of slow urbanization. I submit that in this history of our country, and what better place to do this than in the House, parts of western Canada were rapidly de-ruralized and rural Canada lost a lot of its character in the period which we now know as the dust bowl period.

We know that in periods of economic recession, parts of eastern Canada were denuded of its people. One only has to look at the outport situation in the province of Newfoundland and Labrador to know that people were pulled away from their rural roots.

The process of de-ruralization is occurring much slower in my province and in the rest of the Maritimes, but it is happening. We are becoming, as the last census showed, an urban nation.

What Bill C-31 did was it added insult to injury to rural Canadians by saying, “We are going to apply a city standard to rural Canadians. We are going to apply a metropolitan standard to rural Canadians. You shall be like us”.

What the good part of Bill C-18 suggests is that we are apologizing, as parliamentarians from all sides, to rural Canadians. We are saying that we were a little too hasty, a little too urban in our thought and we apologize. We are saying that rural Canadians have the same rights as we do as guaranteed by section 3 of the Charter of Rights and Freedoms, which is celebrating its 25th anniversary this year.

Kudos to rural Canada and kudos to Bill C-18. We will fix and add to it, as we will at committee, and it will make good legislation.

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

Mr. Speaker, I congratulate my hon. colleague on becoming the new democratic reform critic for the official opposition party. I look forward to working with him on these issues and many more in committee.

I know that the hon. member normally pays rapt attention when I speak in this place, so it is quite unusual that he did not quite get all of my comments in my main address. I did make mention of the fact that it was after the three September byelections held in Quebec that the Office of the Chief Electoral Officer conducted a review to see whether the new provisions contained in Bill C-31 were appropriate. In other words, were the identification requirements proper? Was the list of alternative identifications identified by the Office of the Chief Electoral Officer sufficient?

It was only at that time that the Office of the Chief Electoral Officer, Monsieur Mayrand, had discovered that there was this gap. It was upon that discovery that we decided to take decisive action.

In fact, I can assure my hon. colleague and my friend that the first time I heard of it personally was in a phone call when I was back in my home riding. They had just received information from the Office of the Chief Electoral Officer that this gap had occurred. They had identified it. Within days I contacted my hon. colleague and the other democratic reform critics from the other opposition parties asking them to get together for a meeting to see if we could come up with the proper wording. Literally within days of that we had introduced the legislation we see before us today.