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

This bill is from the 39th Parliament, 1st session, which ended in October 2007.

Sponsor

Peter Van Loan  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-31s:

C-31 (2022) Law Cost of Living Relief Act, No. 2 (Targeted Support for Households)
C-31 (2021) Reducing Barriers to Reintegration Act
C-31 (2016) Law Canada-Ukraine Free Trade Agreement Implementation Act
C-31 (2014) Law Economic Action Plan 2014 Act, No. 1

Votes

June 18, 2007 Passed That a message be sent to the Senate to acquaint their Honours that this House agrees with amendments numbered 1 to 11 made by the Senate to Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act; And that this House agrees with the principles set out in amendment 12 but would propose the following amendment: Senate amendment 12 be amended as follows: Clause 42, page 17: (a) Replace line 23 with the following: "17 to 19 and 34 come into force 10 months" (b) Add after line 31 the following: "(3) Paragraphs 162( i.1) and (i.2) of the Canada Elections Act, as enacted by section 28, come into force six months after the day on which this Act receives royal assent unless, before that day, the Chief Electoral Officer publishes a notice in the Canada Gazette that the necessary preparations have been made for the bringing into operation of the provisions set out in the notice and that they may come into force on the day set out in the notice.".
Feb. 20, 2007 Passed That the Bill be now read a third time and do pass.
Feb. 20, 2007 Passed That this question be now put.
Feb. 6, 2007 Passed That Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act, as amended, be concurred in at report stage.
Feb. 6, 2007 Failed That Bill C-31 be amended by deleting Clause 21.
Feb. 6, 2007 Failed That Bill C-31 be amended by deleting Clause 18.

Opposition Motion—Proposed Changes to the Elections ActBusiness of SupplyGovernment Orders

March 24th, 2014 / 4:25 p.m.


See context

Conservative

Blake Richards Conservative Wild Rose, AB

Mr. Speaker, it is a pleasure to rise in the House today to express my views regarding the New Democratic Party's opposition day motion concerning various reforms the fair elections act would bring to voter identification procedures under the Canada Elections Act.

The motion before the House also deals with the effects of these important reforms for specific groups in Canadian society. My remarks today will focus on this dimension of the issue and will demonstrate why the fair elections act would have beneficial effects on the voting rights of the groups listed in the motion.

I welcome this debate today, because it gives me an opportunity not only to contribute my perspective on what the real impacts of the voter identification reforms and the fair election act would be for the groups specified in the motion before us today but also because it will be an opportunity to provide colleagues with some of my thoughts on the multiple and significant advantages the fair elections act would bring to Canada's electoral system. In particular, I would like to highlight the importance of upholding the integrity of our elections and of protecting Canadians' right to vote.

I would like to make it clear to the House from the outset, however, that I disagree with the motion put forward by the New Democratic Party today regarding the bill.

The motion would have the House pronounce an opinion against the needed reforms the fair election act would bring to the current voter identification procedures set out in the Canada Elections Act. Furthermore, the motion would have Canadians believe that the fair elections act would have negative effects on the voting rights of the groups specified in today's motion, but I am pleased to say that nothing could be further from the truth. In fact, the fair elections act would have just the opposite purpose, that of protecting all Canadians' electoral rights from the risks of fraudulent voting and high rates of administrative errors, factors that can undermine confidence in the integrity of elections.

I would like to begin my remarks today with a few preliminary observations regarding the important enhancements the fair elections act would bring to our electoral system. The fair elections act proposes comprehensive changes to the Canada Elections Act. It is unquestionably important legislation that will reinforce the integrity of Canada's elections and will revitalize our democracy.

An element of particular relevance in today's debate is that the fair elections act would provide better customer service for voters by focusing Elections Canada's advertising on the basics of voting: where and when and what identification to bring. This measure will benefit all Canadians, including by facilitating the voting processes for all the specific groups referenced in today's motion.

For example, Elections Canada concluded in its evaluation report on the 41st general election that a top priority to increase youth turnout would be, and I quote, “increasing awareness about when, where and how to vote, by providing information in formats suitable for youth”. The fair elections act would ensure that Elections Canada would focus its communications messages on this crucial information for our electors.

I would like to add that the act would also establish an extra day of advance polling. The proposed change would give Canadians access to four advance polling days: the 10th, 9th, 8th, and the 7th days before election day. This important measure would also benefit all Canadians, including, again, those specific groups in society that are the subject of our debate today.

This would be an appropriate point to note that among the most important initiatives included in the act are measures to combat voter fraud and increase the confidence of Canadians in the electoral process. I think all members can agree that the prevention of electoral fraud is a very worthwhile goal and that every fraudulent vote not only undermines confidence in our elections but also, in effect, cancels out the legitimate vote of a Canadian.

In light of the fact that the motion before the House today refers specifically to the prohibitions in the fair elections act on the use of the vouching procedure and the voter information cards as replacements for acceptable identification, I would at this point like to take a few additional minutes to outline for the House precisely why it is imperative that those practices be prohibited.

I will first provide a little background information to explain precisely how the use of the vouching mechanism and the voter information cards for identification purposes relate to the current voter identification procedures under the Canada Elections Act.

With the passage of Bill C-31 in 2007, a mechanism was introduced for verifying the identity of electors and their residence upon registration at the polls and for voting. This was a significant advancement that our government brought to voter identification for federal elections in Canada. It helped bring us closer to restoring the confidence of Canadians in the electoral process.

As a result of those legislative changes, an elector voting in a federal election at an ordinary polling station must prove his or her identity in one of three ways. The first is by presenting one piece of identification issued by a government that includes a photograph of the elector and his or her name and address. The second is by presenting two pieces of identification, each of which establishes the elector's name and one of which establishes the elector's address. The third is by taking an oath, if accompanied by another elector whose name appears on the list of electors and who, after providing the piece or pieces of identification referred to, vouches for the elector on an oath. That is what is known as the vouching process.

There are certain safeguards in place that are intended to make the vouching process more reliable and accurate. For example, the voucher must have the required pieces of identification. He or she cannot previously have been vouched for. The voucher must reside in the same polling division as the elector. The voucher can only vouch for one elector; multiple vouching is prohibited. Most importantly, there is also supposed to be a record of who the voucher is and who he or she vouched for. This ought to create an effective deterrent to anybody who gives thought to vouching for an unqualified elector. However, in practice, those safeguards are undermined by the fact that there are high levels of irregularities being reported at the polls regarding the use of vouching.

Studies commissioned by Elections Canada demonstrate mass irregularities in the use of vouching. According to the Neufeld report relating to administrative deficiencies at the polls in the 2011 election, vouching procedures are complex, and there were irregularities in 42% of cases where vouching was used.The report indicates that even with increased quality assurance, the problem would not be remedied. The report found that in 38% of the cases where vouching was required, there was no record in the poll book that clearly indicated both who the voters and the vouchers were. This clearly does not mean that all of these cases were instances of voter fraud. However, it does mean that polling day irregularities by elections officers regularly undermine an essential safeguard in the vouching mechanism, which is to have a record of who vouched for whom.

While Elections Canada has estimated that as many as 120,000 voters chose to use the vouching procedure on election day, those voters could have proven their identity and their residence by other means. The fair elections act will require in law that Elections Canada communicate what forms of identification would be acceptable at polling locations. This important measure would provide voters with the basic information they need about what identification to bring to the polls before they go to the polls.

I would also add a few words about the measures in the fair elections act regarding voter information cards, which play an important role in informing Canadians about where and when they need to vote. It is important to recognize that voter information cards are not currently authorized forms of identification and cannot be used as proof of identification and residency. Since the voter identification requirements were established in 2007, we have had one general election when voter information cards were permitted to be used on an exceptional basis and one general election when they were not authorized forms of identification at all.

Potentially serious problems could arise if those cards were used as replacements for acceptable identification, since there is evidence that the use of voter information cards as identification presents the risk of voter fraud. For instance, studies commissioned by Elections Canada showed a one-in-six error rate on voter information cards. Such inaccuracies could allow those attempting to subvert election laws to use them to vote more than once or to vote in the wrong riding.

I would like to take a few moments to outline the current situation regarding the various forms of identification available to voters and to address the question of whether the reforms in the fair elections act would have any effect on their availability. This will illustrate quite clearly that the important voter identification measures contained in the fair elections act would not in any way disenfranchise the groups mentioned in today's motion: first-time voters, such as young people and new Canadians; aboriginal Canadians; and seniors living in residences.

I would also like to emphasize that the flexibility of the Canada Elections Act would not change. Rather, the goal of the fair elections act is, as I mentioned earlier, to prohibit only those specific administrative procedures that are risky and counterproductive, in particular the use of vouching and voter information cards as replacements for acceptable identification. In this way, it would minimize the risks of fraud and error in the voting process.

Nevertheless, even with the new protections introduced by the fair elections act, voters would still be able to choose from among 39 forms of authorized identification to prove their identity and residence, including a lease, bank statements, library cards, hunting licenses, Canadian Forces identity cards, and many more. In fact, the current authorized list includes not only about two dozen different kinds of identity cards but also a wide variety of original documents that contain a name and an address.

I would like to emphasize that this latter point is of particular importance with respect to certain groups in society that for various reasons may face challenges in proving their identity and residence. I would like to take a moment to elaborate on this point.

The kinds of original documents with a name and address that are among the 39 forms of authorized identification include a statement of government benefits, which would be employment insurance, old age security, social assistance, disability support, or a child tax benefit. It is unquestionable that this option would facilitate the identification process, for example, for seniors who live in a residence. They would be able to use their old age security statements to provide identification at the polls.

Moreover, the list of original documents considered to be suitable identification for the purposes of voting would also include letters from a public curator, a public guardian, or a public trustee. It could be documentation, such as a letter of stay or an admission form, issued by the responsible authority of a shelter, a soup kitchen, a students residence, a seniors residence, or a long-term care facility.

Clearly the option of presenting a letter from the responsible authority of a student or seniors residence could be quite useful for seniors who live in a residence or for young first-time voters who may be students living away from home while they attend an educational institution. Students would also have the ability to use correspondence issued by a school, college, or university to provide their identification. All of this would be in addition to the fact that student identification cards and old age security cards are both authorized forms of identification.

I have not yet mentioned the forms of authorized identification that would be of specific benefit to aboriginal Canadians. Specifically, the forms of identification authorized by the Chief Electoral Officer would include certificates of Indian status, also known as status cards. This is in addition to attestations of residence issued by the responsible authority of a first nations band or reserve.

I would also like to emphasize at this point that the Chief Electoral Officer would continue to authorize acceptable forms of identification at the polls. Furthermore, the Chief Electoral Officer would be encouraged to continue his efforts to ensure that the list of authorized identification contains documents to allow those with particular challenges in proving their identity and their residence to be able to do so. In fact, this is the central message of my remarks here today in the House.

The fair elections act would do nothing to detract from the flexibility and adaptability that is inherent in the current system of voter identification under the Canada Elections Act.

The government recognizes that these are key strengths of our electoral system, and as a consequence, the reforms in the fair elections act would serve to enhance those positive elements in the current system while minimizing the very real risks of electoral fraud.

With specific regard to new Canadians, those who are eligible electors would have been resident in Canada for some time prior to obtaining their citizenship and being able to vote in their first election, and so would not face greater challenges than any other Canadian in obtaining one or more of the 39 forms of authorized identification I have just talked about.

Additionally, I would like to note that Elections Canada has produced, in 27 languages in addition to English and French, a document concerning voter identification at the polls, which is intended to make this important information more easily accessible to voters from ethnocultural communities.

The fair elections act would do nothing to impede such important and fundamental advertising on the basics of voting: where, when, and what identification to bring. In fact, the fair elections act would ensure that Elections Canada focuses its advertising on this crucial information.

The reforms that the fair elections act would bring to the voter identification procedures under the Canada Elections Act are important and much needed measures that would help to ensure that our electoral system operates with the integrity that all Canadians expect and deserve.

In particular, the prohibitions in the fair elections act on vouching and the use of voter information cards as replacements for acceptable identification are designed to protect the vote of Canadians. This certainly includes the specific groups that are mentioned in today's motion: first time voters like youth and new Canadians, aboriginal Canadians, and seniors living in residences.

As I mentioned in my earlier remarks, the fair elections act actually has just the opposite purpose, that of protecting all Canadians' voting rights. With the fair elections act, our government continues to respond to emerging challenges in order to ensure fair elections in which the voice of every voter is counted.

I will bring my remarks to a close today by reiterating my opposition to the motion that has been put forward by the New Democratic Party today concerning the important reforms the fair elections act would bring to Canada's voter identification procedures.

I certainly hope hon. members will join me in opposing this motion and supporting the important changes in the fair elections act.

Fair Elections ActGovernment Orders

February 6th, 2014 / 5:50 p.m.


See context

NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, we might come to that. I think voter suppression is the key aspect of the bill. Bill C-31 started that, and we saw that in the United States. People were joking about voter suppression. I pointed out that it started here, when they were referencing some of the United States in the last election where voter suppression methods were used. We just had to look here where we are restricting people's access to their franchise.

Again, if the government really believes in universal suffrage, then universal enumeration should follow. I have to say that curtailing the Chief Electoral Officer is clearly a play to suppress elections, generally, by the government, to have more control. I know the government does not like it, and it is a matter fact. If we do not give resources and powers to the Chief Electoral Officer, then the government is being very transparent in one way, that is, it wants to, and is trying to, suppress votes even more.

Fair Elections ActGovernment Orders

February 6th, 2014 / 5:35 p.m.


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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I rise today determined to outline our party's perspective on the difference between making changes to the Canada Elections Act to allow more people to vote and increasing the franchise for people.

Bill C-23 is really about the Conservative Party and about the problems it has had over the last number of years. We outlined some of them earlier.

I want to speak about our vision of a fair voting system and how we could improve voter turnout, not just for young people but for those individuals who find it difficult to vote. I want to speak about how we might do a better job.

I have previously quoted Alfred E. Smith, a former well-known governor of New York and a populist. He was a reformer in the area of child labour. He believed deeply in the idea of democratic development and was very passionate about it. He was a passionate advocate for the poor. He pushed for more democracy. One of my favourite quotes is, “All the ills of democracy can be cured by more democracy”. I believe in that.

We feel that we can address these issues in a better way than what we see in this legislation. The bill contains layer upon layer of technical aspects.

The Conservatives had a lot of problems. I will not go over all of them, because they are well known.

We hear from the government that this would open up opportunities for more people to vote. It would increase voter turnout. The problem is that the legislation would take away the very powers required by Elections Canada and its agents to encourage more people to vote.

In 2006-07, I was the NDP critic for democratic reform. I was responsible for providing our party's critique on Bill C-31. That was the last time we looked at changing some of the provisions in the Canada Elections Act. Photo ID was one of the provisions.

One of the provisions in that bill at the time, which we fought vehemently, was the addition to the voters list of birth dates. My colleagues and I had to enlist the support of the Privacy Commissioner to kill that provision. The other parties thought it was a great idea. They thought it was okay to have one's date of birth on the voters list. At the time, I called it a voter ID theft kit, brought to Canadians by their government. As we know, all that is needed for fraud is having someone's date of birth, address, and some other information. That is what the government wanted to provide. Thankfully, that was taken out of the bill after a lot of persuasion.

Another part of that bill was also interesting to me. When we were pushing the government on the issue of the introduction of photo ID, it had to acknowledge that many people do not have access to that kind of information. There was a huge hue and cry from people on low incomes, from seniors, and from transient people.

The government suggested that the provisions being put forward would be okay. One of those provisions was on vouching. The government changed the vouching system so that not just anyone could vouch for someone. It would have to be someone within the riding, and only one person could vouch. We came up with a suggestion we thought made sense. We suggested having a vouching system whereby the citizen could vouch for who he or she was and the ballot would be put aside if there was any concern and could be tracked.

The most disconcerting part of that legislation was that the Conservatives decided to continue what the Liberals had done in 1997, and that was to end universal enumeration.

I have listened carefully to the speeches. There is a lot of rhetoric from the other side about young people who are not voting. They said that with this legislation and by promoting the idea of voting, and the minister talked about telling people where to vote and how to vote, they will vote.

All of that has been done in the past. We have seen it. What has not been done and has not been acknowledged by the government, and which the minister and one of his colleagues acknowledged was a good idea, is having universal enumeration, meaning going out and making sure that every single person who is eligible to vote in every election is given that opportunity. We do not have that anymore.

Growing up, Mr. Speaker, you and I looked forward to when we would turn 18. A person would come to our door and enumerate us for the election. Our names would go on the voters list. We would know for certain that our names would be on the voters list, because we were enumerated.

We are asking that this provision be brought in. Let us go over what the government has said this bill will do. It has said that it will bring more people to the voting stations, because they will know where the voting stations are, and that more people, such as young people and others who are typically under-represented, will participate because of more publicity.

One thing is missing in that equation, and that is giving people the opportunity to vote because they have actually been enumerated. The sad thing is we put that idea forward previously, when I was the critic in 2006-07 when we debated Bill C-31, and the government rejected it.

Everyday people, as the government likes to call citizens, think it is common sense. It makes sense for everyone to have the opportunity to have his or her name on the voters list. What would that do for people who are students? I have a couple of universities in my riding. In the last election, they were caught between voting here, where they were at school, or where they reside in the summer. Their names did not show up on either list. If we had a dedicated process for universal enumeration, and not just in certain areas, as we do now, we would actually deal with that.

Seniors who might be moving from their residences into care homes or who have been in the hospital and have moved back home are another huge demographic that is left off the voters list.

For first nations, what we found out last time was that the requirement to have a photo ID also meant that people had to have an address. Well, when we look at addresses for people living on some of the reserves and in first nations communities, that was not the case. They did not have the address provisions. Tweaking was needed there. If people were there to do the actual enumeration, that would take care of it.

Those are what I would call common sense ideas, along with doing some other things that we have seen the Government of Manitoba do. It provides voting in places where we see actual activity, such as having young people voting in shopping malls. I think that makes sense. We could extended the opportunity to vote by extending the number of days for early balloting.

If we did those things, we could also promote. However, what the government has done in this bill is say that it would take the tools and the power away from Elections Canada. The idea of putting it in the Office of the Prosecutor is an interesting parlour trick. We saw what the government did with the Parliamentary Budget Officer. The government tried to put the Parliamentary Budget Officer away so that no one could actually get the accountability we needed. Despite that, the PBO was able to do the job.

The government would try to shut those things down. Make no mistake, at the end of the day, this bill is not about opening the franchise to more people or increasing the opportunity for more people to vote. In fact, what this bill is about is the Conservative Party trying to deal with all of the challenges it has had in the last number of years. I will not go through the list with the in-and-out and the other issues around how its databases were abused for nefarious purposes.

At the end of the day, the NDP is saying a couple of clear things: Give Elections Canada the power it needs; give Elections Canada the resources it needs; and, finally, let us make sure every single Canadian who is eligible to vote has an opportunity to vote by bringing in and re-establishing universal enumeration for all Canadians.

Fair Elections ActGovernment Orders

February 6th, 2014 / 4:15 p.m.


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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I listened to my colleague's speech, which covered a lot of terrain. One of the things she was concerned about was young people voting.

Having just had a youth forum in my constituency, one of the things that came up was that they wanted to be able to access their franchise through enumeration.

In parliament in 2006-08, Bill C-31 came forward. The member would remember that it was the bill where the government wanted to put birth dates on the register. That was incredible, and I do not have to tell the member that we opposed that, but that the Conservatives were supportive of it. We finally got the Privacy Commissioner to get rid of it, and I am sure she applauded us for doing so.

My question is this. To get more people to vote, we have a very simple solution. I put it to the minister and he nodded just minutes ago and said it was a good idea. Why do we not have universal enumeration for universal suffrage? It is something we have proposed. I wonder if the member would support that.

Strengthening Aviation Security ActGovernment Orders

March 1st, 2011 / 5:15 p.m.


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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I rise today to join my colleagues in opposition to Bill C-42. It is clearly an important bill when we look at what is at stake.

There used to be a solid core of supporters and even members within the Conservative Party who prided themselves on the issue of privacy protection. That seems to have been lost recently. It has been pawned off at times, and I give the example of the bizarre and unusual case of the census conundrum.

The government has said that it wants to make sure that the privacy of citizens is protected. It has said that citizens should not feel obligated to tell the government how many bathrooms they have in their domain and other personal information. When asked how many people had actually complained about this, the government said one was enough. We are still not sure who that one person is. Some people think it might have been someone in the minister's backyard.

The point is this is not about the census and people know that. We in this Parliament are bound by the provisions for protection. We have the oversight. The problem with this bill is that we would be handing over Canadians' right to privacy to another government.

The government has talked about not being able to pony up the money for the database for the collection of this information. Not only will information be handed over to another government but that information will be held by that government and we will not be able to get to it.

I really want to underline the importance of the intervention made by my colleague from Windsor. I have had case after case right here in the nation's capital involving people who have been denied entry into the United States. When our government is asked what can be done, we are pointed to homeland security in the United States.

I do not know if the same situation exists in Saskatchewan, but I do know that people right across this country have been faced with it. If a constituent is on a no-fly list, his or her member of Parliament will probably talk to the minister or someone in his department. They are told that this is something that the department cannot handle. This is under the oversight of homeland security in the United States. After a very long route through voice mail, we can bring forward the case but that is the end of it. We will not be heard again.

Right now we have problems with regard to Canadians being able to freely travel abroad, particularly south of the border, and we have not figured that out yet. The government has been very silent on this during this debate. The government is going to oblige the United States when asked for this information, but we have not even figured out how to get someone's name off a no-fly list.

Constituents are scratching their heads and wondering why they cannot cross the border into the United States. They cannot figure out a way to get their name off the no-fly list. The government is about to open this up even further by sharing data through Bill C-42. It does not make sense.

Where is the consistency within the Conservative Party that used to stand up for privacy? This is not about the census. This is not about how many bathrooms there are in somebody's house. This is about a person's ability to travel abroad without the fear of being put on a no-fly list or without the sharing of personal information. That is what we are talking about here. We are talking about providing credit card information. We are talking about providing the date of birth of a Canadian citizen.

This reminds me of the debate in the House on Bill C-31 to reform the Canada Elections Act, when Liberals and the Bloc wanted to support an amendment to that bill and to streamline electoral practices by putting birth dates on the list.

Members may remember this. There was a strong debate in committee. I asked Ms. Stoddart, the Privacy Commissioner, to come before committee to get her opinion on whether she thought having birth date information on an electoral list was a good idea. At the time I was not supported by the Liberals, Conservatives and the Bloc, who said that we had already heard from Ms. Stoddart. The problem was we had heard from Ms. Stoddart before the amendment was put forward.

I wrote to Ms. Stoddart and asked her opinion, as Privacy Commissioner, about having one's birth date on the electoral list.

Mr. Speaker, you will know, having been in a couple of campaigns, that the electoral list is shared widely. To have that kind of private information, with people's dates of birth, on a list that is circulated so widely is asking for trouble. Allowing others to take people's information from the electoral list to apply for a credit card or to do the other things that data miners do opens up many doors.

At the time, Ms. Stoddart got back to me and the House and said she had grave concerns about this compromising Canadians' privacy. Eventually, thankfully, that bill was dropped, but it was about to go through the House. It is the NDP Party that stood against that flagrant abuse of Canadians' privacy.

Again, I go back to the Conservatives and ask what happened. They used to be the ones who talked about protecting privacy. Now it is only about whether people have to say how many bathrooms they have in their homes. That is the line in the sand now.

What about when someone travels abroad? What about when someone's data is collected and captured by another country? Does that not matter any more to the Conservatives? Is it simply a matter of shrugging and saying this is the way we do things now? I want to underline that because this is a government bill.

To my friends in the Bloc and the Liberal Party, reviewing things after five years is not going to do what is needed, or even within two years or a year. If it is bad legislation now, do not pass it. When they vote for this bill, they are blessing this process. It is too late a year later, when a constituent asks how his or her information got into a database in the United States, to say we were told that it would not happen, that we trusted this would be a process our officials would keep their eye on. That is not good enough.

Today opposition members have an opportunity to say no to this bill. It is not about saying we do not want to negotiate with our friends south of the border. It is in fact saying that we should negotiate with our friends south of the border, which we did not do.

I am surprised that both the Liberals and the Bloc have decided this bill is okay. I say this because I know many of them and know that their constituents will be concerned about privacy. I am sure many of their constituents have been on the no-fly list and have not been able to get their names off it. I am sure many members have had to deal with those cases.

At the end of the day, I return to the issue of whether this is a good deal for Canadians. I say it is not: it puts our privacy in peril. If that is the case, then we as New Democrats say no to this bill. We need a better deal and we say no to Bill C-42.

Strengthening Aviation Security ActGovernment Orders

February 3rd, 2011 / 12:25 p.m.


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NDP

Paul Dewar NDP Ottawa Centre, ON

Madam Speaker, our party's concern with Bill C-42 is not news to other members. I should correct the record. I mentioned a moment ago that other parties had not put forward amendments. They have. I would consider them minor. A review of a process that is flawed should be addressed at the beginning, not after three years.

I want to go back to a debate we had in the House on Bill C-31. It addressed concerns around the electoral process in our country. I remember well the debates around the bill at the Standing Committee on Procedure and House Affairs The bill looked at how we could streamline the electoral process in this country. Our party was the only one to push against the provision for the government to allow birthdates of Canadians to be put on the voters' list. It had never been utilized before. It was fascinating to watch. People I thought were libertarians, people who believed in the protection of Canadians' privacy, simply caved on the issue of whether or not birthdates should be on the electoral list. It was the two other opposition parties at committee who welcomed this change.

Their colleagues were not aware that we would have birthdates on the electoral list. Thankfully, the Privacy Commissioner intervened, at my request, which was not initially allowed at committee. The committee thought we had heard enough from Ms. Stoddart, however, she had not been able to intervene on this new provision for electoral lists. She provided her opinion that this was a sellout of privacy of Canadians, that they should not have their birthdate on the electoral list.

It was astonishing to see the two other opposition parties allow this to go through. The provision was killed but not because of opposition from the government or the other two opposition parties. Our party fought against it. Why? It is a very basic principle that the privacy of Canadians is paramount. There are times when there is a need for authorities to have information on Canadians, but imagine having one's birthdate and address on a list for all to see.

At the time, we called it a theft kit for identification fraud brought about by the Government of Canada. That is really what it was. For those who want to steal an identity, whether it be for false credit cards or whatever, all that is needed is a birthdate and an address.

We fought against it. Thankfully, we were able to get a clear opinion from the Privacy Commissioner. That made a huge difference, to the point where that provision was eventually dropped. We relied on her office and her opinion to do that. The government fought against having her evidence brought forward at committee. Members sitting on that committee know of what I speak.

Here we are again looking at a bill that would compromise Canadians' privacy. I am astonished that instead of getting this right to ensure that Canadians' privacy will not be compromised, we are going ahead full bore.

The government has recycled countless bills through prorogation, elections, et cetera, simply so it can reintroduce them and claim it is moving ahead, usually on crime legislation. It is all politics, all the time. A bill as important as this gets very little debate, very little attention from the government and not a lot from my friends down the way in the opposition. In one case an opposition party thinks the bill is great and would push it through as quickly as possible.

Someone has to stand up for privacy in this country and in this Parliament. If we do not do that, we have to go to our constituents when the bill is passed and tell them we looked at this in Parliament and we are sorry their names were compromised and ended up on a no-fly list. We were told it would not happen on flights from Windsor to Vancouver.

It is not good enough. We have to be thorough. We have to be careful when we are talking about issues of privacy. This is very different from the Canada Elections Act. The elections act was an abuse of privacy. Ms. Stoddart talked about it in her testimony and we debated that in the House and at committee. This is about another government having access. It is one thing to have Parliament acquiesce and provide that information to Elections Canada that ends up being in the hands of anyone who has access to those lists, but it is another thing to provide that information to another government. With all due respect, it matters not which government. This is a question about our sovereignty. This is a question about who gets to decide the privacy of Canadians.

As mentioned by my colleague from the north, we are putting into law provisions that would allow, in this case, the United States, access to information that normally would not be given to it when a flight is just going from A to B within our own country. It is astonishing that we would go through the process so quickly with a government that makes no bones about the politics of keeping bills going for Parliament after Parliament. When it comes to an issue as important as the sovereignty of Canadians, it wants to get it through as quickly as possible.

We need to understand what is at stake here. We are not talking about being “soft” on terrorism. That should be thrown out immediately. If we are going to talk about provisions around security, let us look at where investments are being made. Let us look at border security. Let us look at shared information with regard to law enforcement. We have been very critical of the lack of investment in that area. Let us look at cargo inspection. If we really want to get at the issue of security, then we should put our investments in the right place. This is the veneer of security, at a cost. The cost is the vulnerability of Canadians' privacy.

In the first part of Bill C-42 the government did not do its usual play on language and nomenclature. I usually do not read the exact text because it sometimes is not as engaging as one might want to have in debate, but this is important. Proposed subsection 4.83(1) states:

Despite section 5 of the Personal Information Protection and Electronic Documents Act, to the extent that that section relates to obligations set out in Schedule 1 to that Act relating to the disclosure of information, and despite subsection 7(3) of that Act, an operator of an aircraft departing from Canada that is due to land in a foreign state or fly over a foreign state and land outside Canada or of a Canadian aircraft departing from any place outside Canada that is due to land in or fly over a foreign state may, in accordance with the regulations, provide to a competent authority--

Those are the other guys.

--in that foreign state any information that is in the operator’s control....

Let me be clear about the first part. It means that we have to amend our privacy rights for the bill to go through and it compromises Canadians. That is wrong.

Canada Elections ActGovernment Orders

December 13th, 2007 / 1:30 p.m.


See context

NDP

Libby Davies NDP Vancouver East, BC

Mr. Speaker, I would like to thank the member for Timmins—James Bay for the incredible work that he did at the committee in trying to correct the serious flaws in the bill.

Bill C-18 has a bad history. It started with Bill C-31 when the government moved on legislation that was supposedly based on incidents of voter fraud. I was at some of those committee meetings where we asked questions on whether there was voter fraud going on across the country. Elections Canada told us that there were only isolated incidents and yet that original bill was brought in to a crushing effect. Hundreds of thousands of people, including in my own community of East Vancouver, are now disenfranchised as a result of the original bill and would still be disenfranchised as a result of Bill C-18 that is before us today.

I want to thank the hon. member for the valiant efforts that he made in committee to ensure that some witnesses were allowed to point out the serious flaws in this process and in this bill. However, it seems that this has fallen on deaf ears. Not only has the government been in denial about the impact of this bill, but so has the official opposition and the BQ.

It is quite stunning to see that other parties in this House have refused to acknowledge the disastrous impact of this bill and the impact it will have on people in urban areas, as well as rural areas, but because the issue in urban areas was never addressed we are now disenfranchising people.

I would like to ask the hon. member to comment from the point of view of what he heard from the witnesses and what he will see as the impact of this bill on people in urban areas.

Canada Elections ActGovernment Orders

December 13th, 2007 / 12:40 p.m.


See context

NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, I normally preface all my speeches by saying that I am very proud to rise in the House and speak to a bill; however, I am not very proud to rise and speak to this bill, because we are speaking about the increasingly dismal trade of politics as it is practised in Ottawa.

When someone does a job badly, and it is found out that the person has done it badly, it is incumbent upon the person to fix it. I have done many different jobs over the years and I have been proud of all of them.

When I was a dishwasher, if the cook did not like the way I washed the dishes, they came back to me right away and I would do them again, otherwise I was not going to hold that job.

A house builder would not get away with putting up a wall wrong. The foreman would come in and determine whether the wall was built right or wrong. If it was built wrong, it would be torn down and rebuilt.

As a musician, boy oh boy, musicians know what would happen if they did not satisfy the crowd on a Saturday night. They would hear about it right then and there and if they were going to keep those gigs, they had to improve.

What is our job here in Ottawa? Our job is to bring forth legislation. We have to do due diligence on legislation. It is incumbent upon all of us at a certain point to check our partisan hats. We need to examine proposed legislation and bring perspectives from our regions. Each of us represents different areas of the country. There are many different political and cultural points of view. We have to look at legislation and determine its efficacy, because at the end of the day, it will become the law of the land. That is our foremost job in the House, and it has to be undertaken with the utmost seriousness.

When we deliver a law that has failed badly, it is incumbent upon all of us in the House to see what went wrong, to step back and see how the mistake happened in order that we can rectify it and take pride in our work.

Unfortunately, as I said, this is becoming an increasingly dismal trade because it seems that when a mistake is made, we do not look at what went wrong. We turn it over to our spin-meisters and our wedge issue people to try to re-write history and what happened. The path to understand how the mistake was made becomes deliberately obscured. When it becomes deliberately obscured, we are doing a disservice, because our fundamental job is to represent the best interests of this country in terms of bringing forward legislation that is applicable, that is just, and that in the field will actually help our citizens.

With respect to Bill C-18, I set out with some high hopes that we would rectify the problems of a badly flawed bill, BillC-31. My colleagues from the Bloc say that Bill C-31 was brought in to escape issues of widespread fraud. The committee examined issues of fraud because fraud is a very serious threat to the health of democracy. Fraud has to be sought out wherever it exists. It cannot be sought out with vague old wives' tales or writing on the bathroom wall. It has to be proven. It is incumbent upon the Chief Electoral Officer to hunt down any cases of fraud.

The committee looked at the issue of fraud and found one case which occurred in 2006. There were no cases in 2004. There were three cases in 2000. That is not to make light of electoral fraud. We trusted the Chief Electoral Officer to investigate and study any allegations out there. We came back with Bill C-31.

At the time, New Democrats were concerned that people would be disenfranchised. At the end of the day, regardless of what my colleagues in the Bloc say, the right to vote is an inalienable right in Canada. It is enshrined in the charter as one of our fundamental rights. We have to ensure that when people have the right to vote, they are not blocked from voting.

When Bill C-31 came out, lo and behold, we found there were not one but two major problems with it. A million rural residents were not going to be able to vote, thanks to a lack of due diligence in the committee's work. Then there was the issue of the wearing of veils when voting. Now we have Bill C-6. We have a bill that became law and within a few months we already have to have two other band-aid laws to repair the fundamental flaws in the first bill. When we look at Bill C-18, we have to ask ourselves whether it will fix the problem and if it will do it right. That is our obligation at the end of the day.

As referred to many times, the discussion on Bill C-18, is to fix a problem for rural residents. When anyone raises the issue of homeless people, there seems to be a fundamental balancing act. Do we worry about a few thousand homeless people in Vancouver or do we worry about a million residents in rural Canada?

However, nowhere in Bill C-18 does it speak to the issue of rural residents. It speaks to an act to amend the Canada Elections Act, the verification of residents. The verification of residents is the key element that leads to the potential disenfranchisement, as the electoral officer said in one case, of a million rural Canadians, including urban Canadians, first nations Canadians and then homeless people.

I will not to focus too much on Bill C-31, but we need to know where we came from in order to know why we still have a fundamental problem. I know members of the House who were on the committee voted for it, but after questioned how this happened, that they must have missed a translation at third reading.

They did not miss it. They were not interested. We spoke about it. We brought forward witnesses who said that there would be problems with the ability of people to meet the onerous requirements of Bill C-31.

I spoke to Bill C-31. I am not patting myself on the back, but perhaps I was just too lazy to get the records of what everyone else said. However, I know what I said, so I will bring it up, and it is fairly straightforward.

When we discussed Bill C-31, I spoke of the problems we had in the rural parts of my riding and in other communities with mailboxes and the difficulties people would have in voting. That was on the record for many people. I spoke of the issues of photo IDs and the fact that on the James Bay coast, an area I represent, up to 30% of the communities did not even have health cards.

We help them fill out the health cards. The Ontario government does not even bother to do photographs for first nations people. It sends them little trillium stickers because it is cheaper than getting photo IDs. Therefore, we had raised the issue of the problems of identification in these isolated areas.

I had said at that time that I would invite anybody to go into Fort Albany and ask people their addresses. People do not have street addresses and that is how they get by. We find in many of our communities, they simply do not even have the most basic registration that is being required.

We were bringing forward the perspective of our regions and our constituents to bring a sense of reality to the debate. At the time, I remember it was ignored and overlooked. In fact, there was a fair amount of snickering. The old NDP was standing in the way of progress again.

I will refer to evidence at committee at the time from the Nishnawbe-Aski Nation, which was ignored. Witnesses said that the voting changes to Bill C-31 were:

—based on the assumption that the majority of Canadian electors live in urban centres. Until government services are made available in an equitable manner to our people living in remote communities and the amendments to the act reflect the realities of the lives of our people...I suggest that the committee, if possible, visit some of our communities to better understand the challenges we face in our role as Canadian citizens.

They were ignored.

Suddenly now we have a situation where there is an embarrassment that the bill has failed. Therefore, we were all called together to try to fix it. The issue of fixing it is paramount, but again we have to do due diligence. How do we do due diligence? We have to bring forward witnesses. This is not stalling. This is ensuring that we do not fall into the same mistakes that were made.

The process we went through with the bill was a very dismal, petty process. The Liberal whip tried to push the vote through without any witnesses. How can we go through with no witnesses when 80% of the people in Nunavut have been told they are not enfranchised to vote? Would we not think it would be incumbent upon us in the House, after having made such a colossal error, to at least have a witness who can speak to the bill and say whether or not it addresses the problem? However, no, it was a desire to get this thing done and out of the road by Christmas.

I brought forward four witnesses to speak to the bill because I felt the issue was whether the vouching system would work with what we had to address. There is no problem with the rest of the amendments to Bill C-18. We support the need to get this thing fixed, but the issue is whether vouching, in the way it is laid out, will be a practical, realistic solution to the problem.

We had four credible witnesses. There was a fifth witness, and I do not know where he had come from, but he was allowed to speak as well. They were given two minutes each to give their perspective on the bill. They were interrupted many times. They were cut off at the end. At the end of the day the chair basically told them they did not know what they were talking about.

I found that quite a shocking and sad testimony. Whether we agree with witnesses in committee or not, they come forward so they can given us a perspective and we can test their points of view. We are legislators, so when a witnesses come, whether they represent what we think is the most far out solution, our role is to test them, to ask them the fundamental questions to see if what they have brought forward to us stands the test of reason. That is how we make legislation.

Ian Boyko, from the Canadian Federation of Students, came forward. In his testimony, he said that to have only two minutes to address the problems with the bill and the vouching for ten of thousands of students who would be disenfranchised, he could not even begin to do it. He said that he would take questions, but nobody asked him a one.

I have never seen anything like this. I have never seen such a lack of interest. The head of the Canadian Federal of Students came to a committee and stated that tens of thousands of university students would be ineligible to vote because Bill C-18 would not address the issues they faced and nobody asked questions.

It is a funny situation when we sit in our committee and talk about encouraging young people to vote and how we can find ways to do that. Yet when they came to speak to us, nobody even had a question for them. They wanted it through.

Another astounding statement was from Jim Quail from the British Columbia Public Interest Advocacy Centre. He said that even if the changes went in, the changes that will address some of the issues we face, 700,000 urban residents would still not possibly meet the test. This is based on what the electoral officer had provided previously, and this does not include the other million people. That is based on 5% who would not meet those requirements because they have moved or whatever.

We heard in our committee on a previous bill that 12% to 15% of the voters in Australia now voted by declaration because of the continual movement in urban areas of people moving in and out or people who do not know anyone. Anyone who has an urban riding is well used to this. Even in the urban part of some of my communities, when I go into a neighbourhood six months after an election, it is almost like a completely different group of people in there. Sometimes I wonder if I am walking down the wrong street. However, a major mobility is happening across the western world.

Australia has identified that 15% of the people now vote by declaration. In declaration voting they swear and oath. There is no way to get them on the voters list. We do not have the old style days when we went out and updated the voting list so we ensured people were on there.

Even when we have the voting list, it is not up to date. Some people have tried to do a mail-out and have received calls from people, cranky as all heck, because the person no longer lives at that address or they have been divorced for years so why would a Christmas card be sent that address. We know the problems with the electoral list.

I saw that recently in Ontario. My wife and I went to vote and, lo and behold, she was not on the electoral list, and the house is in her name. I do not know how that happened, but people who trusts the computers that generate the Elections Canada lists put themselves in much higher hands than I would.

What we see is a problem of people who go to vote and are suddenly not on the list, or people who have moved to places where they do not know people. At the end of the day, they have a right to vote.

Jim Quail said that there would be 700,000 based on what the Elections Canada officer said. He could have been blowing smoke with these claims, but our job as legislators is to test him, question him and engage him. If we think these numbers are wrong, we have to test them. That is the only way we can bring forward legislation. Nobody was interested in what he had to say because members wanted the vote to be over.

This is the same pattern that happened with the previous bill. We end up in a situation where we have not done the due diligence, where we have not answered the fundamental question of whether this will work. That is what the legislation has to be able to prove. It has to prove it will work and ensure that the people, who have a right to vote, are able to vote. If we have not answered those questions satisfactorily, then we have failed in our jobs.

We certainly failed the job on Bill C-31. The problem with Bill C-18 is this. Having not answered the questions of why students will be disenfranchised, or will 700,000 urban residents be affected and how many of the 150,000 homeless people may not be able to vote, we have a serious problem.

The solution being offered is a one voucher system. At face value, it seems a reasonable solution to have someone vouch for another person. I do not have a problem with the concept, but when we make legislation, we have to establish laws that are applicable in the field.

They always say that the camel was a horse designed by a committee. We have had three and four hump camels coming out of our committees because there is such a distinct lack of reality between what we talk about in committee, which is the reality of politics, and what we see in the field. We are all in this business of politics, so we know what the reality is when we go to the voting booths and how the individual poll clerks identify what is acceptable and what is not.

I know a man in Ontario who has lived in the same rural route his whole life. When he went to vote, he was told he was not on the list. He produced his passport and was told a passport was not an acceptable piece of identification. It would get him into Saudi Arabia, but it would not allow him to vote in Ontario. Is this part of the Ontario elections act or is this how they interpret the act? We see the problems in each of these areas.

At the end of the day, the question is whether it works as a piece of legislation. Say I am a student who leaves Timmins—James Bay to go school at the University of Ottawa. After arriving there, I want to vote because the election is on September 15. When I go to vote, I am told I have to have a person vouch for me. What if my neighbour is not there that day or has already voted, then I have to wait on him or I cannot vote.

The example in a rural area is what if I know two people who moved in, but I am only allowed to vouch for one of them? Vouching, at the end of the day, is not practical so we have to go back to the issue of a declaration. Otherwise, people will continue to be disenfranchised. That is why I believe we have failed to do our job with this bill.

Canada Elections ActGovernment Orders

December 13th, 2007 / 12:10 p.m.


See context

Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, it is my pleasure to speak to Bill C-18 on behalf of the Bloc Québécois. The Bloc supports the principle underlying the bill. The House of Commons passed Bill C-31, which modified the Canada Elections Act. The bill was needed to try to address all questions that Quebeckers and Canadians might have about eligibility to vote.

For the past several years, the federal government's way of holding elections made it practically impossible to guarantee beyond a reasonable doubt that voters were who they claimed to be. That is why we needed Bill C-31, which was passed in February 2007. I will summarize the bill because that is what gave rise to Bill C-18. Sometimes, the government comes up with solutions to problems that have been around for decades. Sometimes there are little problems with those solutions. The problem we are trying to fix with Bill C-18 is one of the little problems caused by Bill C-31.

Why did we want to adopt Bill C-31, and what was its purpose? From now on, people wishing to vote in a federal election will have to show government-issued photo identification, such as a driver's license, that shows their name and home address. Voters who do not have photo identification will have to provide two acceptable pieces of identification to establish their identity and their home address. The Chief Electoral Officer is responsible for publishing a list of acceptable pieces of identification that voters can show at the polling station.

I will read that list out shortly. The Chief Electoral Officer released it for the byelections that took place this fall in a number of places, including Quebec. Several types of identification may be used by individuals who do not have government-issued photo identification, such as a driver's license. As I said, voters can present two pieces of identification that appear on the published list.

Potential voters who do not have two acceptable pieces of identification will be required to declare under oath that they are the person they claim to be. They must also be vouched for by a registered elector. The objective of Bill C-31 was simple. It required a government-issued piece of photo ID, such as a driver's licence. Failing that, it required two pieces of ID from the list supplied by the chief electoral officer—I discussed this earlier—which was published during the byelections in Quebec this fall. If a person could not establish his identity, he had to take an oath in the presence of a person who was eligible to vote, who had a piece of ID and who knew the potential voter.

We thought this seemed appropriate and perfectly enforceable. We did not see a problem with doing things this way. Once again, I will provide the list of original pieces of identification that could be presented:

Health card, social insurance number card, birth certificate, driver’s licence, Canadian passport, certificate of Indian status, certificate of Canadian citizenship or citizenship card, credit/debit card with elector name, Canadian Forces identity card, Veterans Affairs Canada health card, employee card issued by employer, old age security identification card, public transportation card, student ID card, library card, liquor identification card, Canadian Blood Services/Héma-Québec card, hospital card, fishing licence, wildlife identification card, hunting licence, firearm acquisition card/firearm possession card, outdoors card and licences, provincial/territorial identification card, Local Community Service Centre card (CLSC).

Other original documents can also be produced, for example, a credit card statement or bank statement, a utility bill such as a residential telephone or cable television bill or an electricity, gas or water bill, a local property tax assessment, a school, college or university report card or transcript, a residential lease, a residential mortgage statement or agreement, a Canada Child Tax Benefit statement, an income statement or income tax assessment notice, an insurance policy, a government cheque or government cheque stub with the elector’s name, a T4E statement of employment insurance benefits, a Canada Pension Plan statement of contributions or old age security statement, a statement of benefits from a provincial workplace health and safety board, a statement of direct deposit for a provincial occupational injury or disability support program, a vehicle ownership or vehicle insurance card, or an attestation of residence issued by the responsible authorities such as shelters, soup kitchens, student or senior residences, long-term care facilities, aboriginal reserves or work camps.

The list of pieces of identification is very long, therefore, and a person must produce two of them if he does not have a government-issued piece of photo ID. It enables electors to find supporting documents almost anywhere, but if they still cannot, they can go to a polling station and take an oath in the presence of someone who knows the person, has met the requirements and already voted.

We thought, therefore, that we had covered everything when Bill C-31 passed. However, there was one little problem. The pieces of identification had to contain the elector’s residential address, and that was the problem. Almost all of us have addresses with a street name and number. However, there is still one situation that I myself saw when I was the mayor of a small town. It was only in the late 1990s that my town, Notre-Dame-de-la-Paix, got street names in order to have numbers. This was a requirement of the Government of Quebec, which was forcing most of the towns and small communities to have street names. It was expensive because we had to get names through the Commission de toponymie, prepare announcements, make poles and signs and so forth. That is why it had never been done.

So the municipalities of Quebec all entered the modern age. However, in a few of them and in some other regions of Canada, there are still no street names. As a result, the residential address of some people is just Rural Route 1, for example, without any street number or anything because there is none.

It was at the time of the byelections in Quebec, if not before, that we noticed that some electors had this kind of address. Although there were not very many, there could be a problem because they did not have a residential address in the prescribed form.

The purpose of Bill C-18, which we are debating today, is simply to allow a person to vote if he or she has two pieces of identification with the same information on them, such as Rural Route 1 or Rural Route 2. The purpose of the bill is simply to take this reality in a number of communities all across Canada into account.

I have some figures here. Elections Canada tells us that there are about 1,012,989 electors who do not have a residential address that meets the requirements of the Canada Elections Act as set forth in Bill C-31.

The list of electors is compiled by the Chief Electoral Officer, who is certainly well aware that some people have always provided an address that consists of a rural route. When the census is taken, people provide addresses which indicate “rural route 1” or “rural route 2,” and the name of municipality. The chief electoral officer has reported that some 1,012,989 electors have such an address.

In Nunavut, for example, 80% of residents do not have a personal address that conforms to the provisions of Bill C-31 that was adopted in February 2007. In Saskatchewan, some 189,000 electors are in that position, which is 27% of all electors; a significant proportion. In Ontario, this condition affects about 150,000 electors. In Newfoundland and Labrador, it amounts to 23% of the electors. In Quebec, the number is 15,836 electors, or 0.27% of the population, who could be faced with this same problem.

When the chief electoral officer recognized this problem, he drew it to attention of the various political parties. The purpose of Bill C-18 is to correct this anomaly. In doing so, those people who live on rural routes or who only have access to postal boxes—whose address might be “post office box 36” or “post office box 267” and the name of the municipality—which is not a residential address under the requirements of Bill C-31, that is to say, including a street number and street name and the rest, may in future present to Elections Canada workers two pieces of identification that prove their address is the same as the address that appears on the list of electors.

That will finally correct the situation of those 1,012,989 electors and it will conform to the new Bill C-31.

What is difficult to understand is the position of the other parties. I say the other parties but there is one party that is opposed to Bill C-18, the New Democratic Party, which was also opposed to Bill C-31. The argument advanced by the NDP is that we should preserve the traditional practice where there was practically no requirement for any piece of identification. In fact, a person did not need any identification in order to vote. It was enough to make a declaration under oath.

Obviously, there have been complaints for decades. Among others, in Quebec, for a long time there has been an angry outcry over this manner of voting in federal elections. In Quebec—I am referring to the province—a bill almost identical in every detail to Bill C-31 was introduced in the National Assembly in February 2007. Quebec had already decided to deal with this voting issue in order to ensure that the people who vote are the people who are entitled to vote. That is simply what it amounts to. It is a case of avoiding electoral fraud and underhanded practices.

It is difficult to understand how the parties of this House did not see this. Indeed, it is possible some people might have some minor problems. We talked about homeless people. We would like to work with all parties to resolve the problem facing people with no address. This is one way of proceeding. One way of resolving this for such individuals involves having them go to vote with another eligible voter, someone who knows them and can vouch for them. We would like to work to resolve this problem, but we cannot throw away an entire system that has been established to prevent fraud, toss it all away and return to archaic voting procedures that made it nearly impossible to confirm the identity of most voters.

Why not tackle a specific problem that affects perhaps a few thousand voters, without returning to the previous system, which, after all, does not guarantee any security, provides many opportunities for fraud against a vast majority of voters, and focus instead on solving a problem that affects a small number of voters?

Today, with Bill C-31, we are resolving a problem that affects a million voters. That is a significant number. We do not understand why the NDP will not support this.

When Bill C-31 was drafted, no one, not even the legislative staff who prepared it for the government, saw the problem posed by rural addresses and post office boxes. It only became apparent in practice. At that time, a bill was introduced to resolve the problem facing people who do not have a residential address that complies with the provisions of Bill C-31.

First of all, I would like those citizens listening to us to realize that their address is not the issue. They all have a residential address, whether it is a post office box, rural route or other, even though they may not have a street number. In Bill C-31, for the purposes of the Election Act, the residential address had to indicate a street number with a street name, rural route, or concession for it to be recognized as a personal address. When we refer to number 2 or 200 or 2250 on a street or concession, we are speaking of a personal address. When we refer to rural route 2 or a post office box, then it is much more difficult to locate the individual. It is not a personal address. In the case of a post office box, the mail is addressed directly to the post office or to a post office box, which is not necessarily located at the property address. The purpose of Bill C-18 was to correct that.

The Bloc Québécois will support this bill. We are on the eve of a federal election, which will probably take place in the spring. We do not want citizens to be denied the right to vote. When voters arrive with their identification, election workers may not allow them to vote because the address on their identification—even if the same as the address recorded on the electoral lists—would not be recognized as a personal address since it does not contain a street number. They could be refused the right to vote under the pretext that the election workers are not sure that they are who they say they are and they would be asked to swear an oath.

There is a problem, however, and the Chief Electoral Officer has pointed it out very clearly. It is all very well that someone who has a residential address can vouch for them. However, when someone lives in an area, such as Nunavut, where 80% of the territory has no addresses in the required format, even our neighbour cannot vouch for us, because our neighbour also cannot vote because his or her address does not meet the requirements of Bill C-31.

This is a fairly significant problem for part of Quebec, where It affects 15,836 electors, but even more so, for 1,019,000 electors across Canada. That is quite a large number. We hope that this bill will pass as quickly as possible. That should be done before the end of this session, if possible, so that the Senate can give it royal assent. That will allow the bill to come into force for the next federal election, which, as I was saying, will not be called much later than the spring budget, in my opinion.

Obviously, given that situation, there is some real urgency. Our electors should not have to face problems when they go to vote. We saw this to a very small extent, and forgive me for repeating myself, in the byelections in Quebec. As I said, those 15,000 electors throughout Quebec who were affected in the byelections held in Quebec this fall, do not amount to very many people. In a general election, however, the problem would affect a million electors, or nearly 4% of the population. That could cause a bit of anxiety in some communities.

We would not want things to be difficult for election workers. It is already not easy to find election workers. They are often people who are donating their time. Although the government may view the remuneration as generous, when we look at the number of hours they spend getting training and working on election day, the money the Chief Electoral Officer pays does not amount to a lot.

As well, if the voters are putting additional pressure on the election workers because they are unhappy that their address, the one they have always had and use every day, does not let them vote because it does not comply with Bill C-31, their wrath is going to be directed at the entire voting system and the entire electoral system, but in particular the election workers. Those workers do not deserve to have problems with electors who might—quite justifiably—complain. They have all their pieces of identification and their bills. We heard the list that I read out earlier. They have always received their hydro bills, their public utility bills or whatever at that address. But when an elector goes to the polling station, they are told that they do not have a individual street number, no personal address, and that, therefore, they have to find some other way of proving that they are in fact the right person. Everyone understands the issue and can probably imagine what this will look like on the ground. I would not want election workers to be put into this situation.

Consequently, I hope that all the parties, including the NDP, will appreciate the urgency, given that a federal election could be triggered as soon as the next budget is brought down. We need to act fast and call on Parliament to pass this bill by the end of the session, so that the Senate can give it royal assent. Then, this bill will be in effect when the next election campaign takes place.

To those who may be wondering whether the Chief Electoral Officer will have enough time to act, I say that there will be no problem, because the addresses are already on the voters lists. These addresses consist of a post office box number in a municipality or a rural route without a house number. Consequently, the Chief Electoral Officer simply has to tell election officials that when someone provides photo identification or two other pieces of identification with an address that matches the address on the voters list, the officials can assume it is the right person.

This will prevent 1,019,000 voters from having problems, causing congestion at some polling stations and making scenes for election officials. I repeat, these election officials are not paid well enough for what they do. Some will say people are never paid well enough. We have to consider the number of hours they put in, all the time they spend on site. They have to arrive early, before the polls open. Now, the polls are open for 12 hours. When the polls close, they have to put in as much time as is needed, because in some places, the election results are close.

Obviously, this will not be the case in Quebec, because the Bloc Québécois is going to sweep the province. But I hope the other areas of Canada do not have to deal with close results.

Canada Elections ActGovernment Orders

December 13th, 2007 / 11:55 a.m.


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Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, it is a pleasure for me to stand in the House and speak to this bill at the third reading stage.

Bill C-18, quite frankly, fixes a problem incurred with voting. To provide a bit of context and a brief history of the reason for Bill C-18 coming before the House, it was because the House originally passed Bill C-31 which basically dealt with voter identification.

The intent of Bill C-31 was so that individuals who wished to cast ballots in federal elections would be required to produce identification showing their name and residency. This seemed to me to be a common sense provision because, as we all know, though Canadians have the right to vote, they have to be, number one, Canadian citizens and, number two, reside in the riding in which they wish to cast their ballot.

We wanted to put provisions in place that required individuals to produce identification, verifying that they lived in the ridings in which they wished to cast ballots. That was the genesis of Bill C-31. However, there was a problem. Bill C-31 stated that in determining proof of residency, voters had to prove their residential addresses.

This, of course, was debated in committee. The Chief Electoral Officer of Canada came before committee to analyze the bill. No one in the committee nor the Chief Electoral Officer of Canada recognized the fact that the term “residential address” or “civic address” would in fact exclude a great many Canadians.

Approximately one million Canadians, in fact, do not have residential or civic addresses. These are primarily rural Canadians living in ridings in Canada who would normally be allowed to vote, but instead of having residential addresses have post office boxes or rural route numbers or a land description, which would be their identification of residency.

Bill C-31 inadvertently excluded everyone who did not have a residential address. As I said just a few moments ago, approximately one million rural Canadians were in that category. If people lived in rural Canada, whether it be Saskatchewan, Ontario, British Columbia or Quebec, and had rural route numbers or post office box numbers instead of street addresses, with the passage of Bill C-31 they would be denied their right or ability to vote.

This flaw in Bill C-31 was first discovered in late September, early October, by the office of the Chief Electoral Officer. Following three byelections held in September in Quebec, the Chief Electoral Officer did a review of the voting practices in Quebec during those three byelections and during that examination discovered this flaw in Bill C-31 dealing with residential addresses.

He immediately informed the government, which, in turn, immediately took corrective action and the result is what we have before us today, Bill C-18. It very simply remedies the glitch found in Bill C-31 by stating that any individual who produces proper identification and whose residency information on that identification is consistent with the information on the electoral lists will then be eligible to vote.

In other words, to put it very clearly and graphically, if an individual has a driver's licence that says he or she resides at post office box 123 anywhere in Canada and the electoral list confirms that this individual resides at post office box 123 anywhere in Canada, or to put it another way, if the driver's licence information and the information on the electoral list are consistent, that individual can then vote and that remedied the situation.

That is why we introduced the bill, that is why the bill is before us today and that is why we wish, as a government, to ensure the bill passes and is delivered to the Senate today. We hope then that our friends in the Senate will pass it quickly and give it royal assent before the end of this calendar year.

The urgency is that there may be byelections or a general election very soon in the new year. No one knows the certainty of a general election, but we do know byelections will have to be called before the end of this month. We want to ensure that all Canadians in rural Canada, who had been disenfranchised inadvertently, are now back on the voters list, that they have the eligibility requirements correct and that they will be able to cast ballots.

I know almost all parties in the House, almost all members in the House, support this legislation. The exception being some members of the New Democratic Party. I find it interesting that their opposition is not really with Bill C-18, but with Bill C-31.

During debate and during committee examination of Bill C-31, the NDP primarily was concerned that many Canadians could potentially be disenfranchised because of the identification requirements contained in the bill. Specifically, the NDP was concerned because of the homeless. Many homeless people, perhaps the vast majority of them, do not possess identification. This was a legitimate concern raised by the members of the NDP. Their solution to that was quite simply that identification requirements contained in Bill C-31 should be eliminated, that people who did not possess proper identification as to proof of identity and residence should still be allowed to vote if they signed an oath or some kind of a declaration at a various polling station on voting day.

While I recognize there will be some individuals in the category of the homeless or maybe other transient individuals who do not have proper identification, the committee determined in its wisdom, and I supported this decision, that the public interest was best served if individuals were required to produce identification.

I believe it is a common sense approach. After all, if people cannot identify themselves, if they cannot prove they actually live in a particular riding, why then should they be allowed to vote? We were concerned about voter fraud. In fact, Bill C-31 was called the voter integrity bill. It was merely intended to ensure the integrity of the voting system, so everyone who wished to vote in a particular riding across Canada would have to demonstrate they actually resided in that riding. I think that is a reasonable approach to take. Hence, Bill C-31 was passed.

The opposition to Bill C-18 from my colleagues in the NDP has really nothing to do with Bill C-18. It goes back to their opposition to Bill C-31. Up to this point, they have been trying to, in my opinion, unduly delay passage of Bill C-18 because of their opposition to the provisions contained in Bill C-31.

However, I am very pleased to see Bill C-18 before us today. I believe we will see passage of this very important bill later today. I also hope, as I mentioned a few moments ago, that our friends and colleagues in the Senate, in their wisdom, will give speedy passage to Bill C-18.

I will reiterate that the bill was brought forward as a corrective measure to ensure that rural Canadians, who had been inadvertently disenfranchised by the provisions contained in Bill C-31, were dealt with in an appropriate manner to ensure they would have the ability to vote in the next general election.

There is nothing more complicated than that. There is nothing more detailed than that. It is merely a simple bill designed to correct an inequity that occurred.

In dealing with the bill in an expeditious manner, as we have, we have demonstrated that Parliament and the committee system within Parliament can work when all members determine that partisan interests should be set aside and the greater good be addressed. Even though there have been disagreements at committee, and I am sure we will still see disagreements to some extent in the debate today, at the end of the day objections will have been duly noted but the bill will pass and for good reason.

I do not want to stand in the House and say that a wrong was not corrected. We have the ability to correct, but we chose not to for whatever reasons. I believe most Canadians would vehemently disagree with that.

While Bill C-18 perhaps should not have been necessary, it was done so to correct an unintended consequence as a result of the passage of Bill C-31.

Business of the HouseOral Questions

December 6th, 2007 / 3 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, 2007 has been a great year for Canada and a great year for the House of Commons.

Next week is the last week of the fall sitting and the last week before the new year. The sitting and the year have been extremely successful for the federal government, as we have introduced legislation in all of our priority areas and have delivered results for Canadians.

However, since we have only a few sitting days remaining this year to address important tax cuts, security issues and other priority bills still pending, Canadians are expecting us to work very hard in the coming days to produce results for them.

We want to see our priority bills passed in this House and sent to the Senate so that they may become law before Christmas. As a result, next week will be 2007, a year of results week.

We plan to build on our past achievements by debating and passing the budget implementation bill, which would lower taxes for all Canadians by reducing the GST to 5%, as well as by bringing in tax cuts for individuals and corporations.

We will debate Bill S-2, An Act to amend the Canada-United States Tax Convention Act, 1984, which must be passed by Parliament before January 1 to ensure that it is implemented and we can benefit from that.

We will also debate our railway transportation bill, Bill C-8, and our bill on the settlement of international investment disputes, Bill C-9. Both bills will help create jobs and provide economic certainty for Canadians.

Our government will continue to show Canadians that we are serious about tackling crime and strengthening the security of Canadians. Next week, we expect that our security certificates bill, Bill C-3, will be reported back from committee. The bill will then be debated at report stage and third reading. We hope the hon. members of the House understand the importance of passing this legislation so that it may be considered and passed by the Senate before the deadline imposed by the Supreme Court.

We will debate any amendments made to our Bill C-13 on criminal procedure, currently being examined by the Senate.

Speaking of the Senate, the government hopes that the tackling violent crime act will pass the Senate so Canadians can feel safer over the Christmas holidays knowing that the bill has been enacted into law.

Canadians also expect their institutions to be more accountable and democratic. We have built a record of results on this file as well, with the passage of the Federal Accountability Act and Bill C-31 to improve the integrity of the voting process. Next week we will continue with our plans in this area by debating Bill C-29, which closes a loophole in our campaign financing laws that Liberal leadership candidates used to bypass campaign contribution limits last year.

We would also like Bill C-6, on the visual identification of voters, and Bill C-18, on the verification of residence, to be sent back by committee. It is important for these bills to become law, so that they can be implemented in time for the next byelections.

Tomorrow I will also seek consent to send Bill C-30, the specific land claims bill, to committee. This bill to create certainty and allow land claims to be resolved more quickly is a welcome addition and the country will be better off the sooner its process is put in place.

This year, 2007, has been an excellent year for Canada. Our economy is booming, the country is united and there is integrity in government.

We have achieved a lot this year. Our government has delivered real results for Canadians in 2007 and will continue to do so next week and in the new year.

November 22nd, 2007 / 6:25 p.m.


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Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, it is a pleasure to stand and respond to the question by my hon. colleague from Rainy River.

First, let us set the record straight. Bill C-31, which is the genesis of Bill C-18, was debated at the procedure and House affairs committee and ultimately ratified by the entire committee.

I am the first one to admit, since I am a member of that committee, that we all share responsibility in missing the one element of that bill, which, in turn, disenfranchised or potentially disenfranchised a million rural voters because of the term “residential address”

The point I am making is that every one of us on that committee missed it. We all share that responsibility. In fact, the Chief Electoral Officer of Canada, who appeared twice before that committee to discuss Bill C-31, did not notice in the legislation itself that there would be anything that had the potential to disenfranchise rural voters because they did not have a residential address.

When it was first discovered, which was about two weeks after the recent Quebec byelections that were held in September of this year, the Chief Electoral Officer, in examining how the ramifications of Bill C-31 affected that byelection process, noticed for the first time that there was an element that could potentially cause the disenfranchisement of voters in rural Canada.

We took immediate steps to correct the situation and introduced Bill C-18 to rectify the situation. We are hoping for speedy passage in committee and by members of the House to take care of that situation.

However, even if there were an election call before that bill became law, the Chief Electoral Officer has assured us that he would use his powers of adaptation to ensure not one rural Canadian would be disenfranchised if we had to go to a vote, whether it be a general election or a byelection.

However, I want to concentrate my remarks for the last few moments that I have to point out the absolute hypocrisy of the Liberal Party of Canada. Not only has the member from Rainy River suggested that this was a problem created by our government, but other members of his party have done the same. The member for Wascana has done several interviews in which he has suggested that this was a government problem, that this was something that was created by the government, that it missed it and that it was sloppy legislation.

The entire Liberal caucus voted in favour of Bill C-31. The sheer hypocrisy of their statement suggesting that it was only the government's problem because it made the mistake is staggering. Everyone shares some culpability. We all share the responsibility. We are willing to admit it. Members of his own party who were on the procedure and House affairs committee said nothing about the possibility of disenfranchisement of voters because they missed it as well.

While I am here to say that we will take immediate action and, hopefully, we will have some compliance with members opposite when the bill gets to committee so we can deal with this quickly and expeditiously, it is just so irritating to stand here and listen to members with the sanctimony and the hypocrisy to suggest that it was someone else's problem and that it was not part of their own doing.

For the record, we all share responsibility. I wish the member from Rainy River would stand up and admit that.

Canada Elections ActOral Questions

November 15th, 2007 / 5:25 p.m.


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NDP

Denise Savoie NDP Victoria, BC

Mr. Speaker, on this side of the House we want an electoral system that is as impeccable as possible. My colleague has explained very clearly why we so strongly objected to Bill C-31 in the first place, and which now has to be cleaned up.

It seemed that the government wanted to fix a non-problem when there are so many real problems, such as the prosperity gap, the environment, an Americanized foreign policy, but no. The government chose to fixate on a non-problem and thereby created real problems, and as my colleague has pointed out, both the Liberals and the Conservatives supported the bill. Now they agree that there are perhaps some problems that we pointed out during the debate on Bill C-31.

I wonder, when I go back to some of the solutions that my colleague pointed out, why not have a clearer, stronger enumeration process that would give us real lists? Why not accept a statutory declaration that would address some of these problems? Could he explain what the government might have been thinking in choosing such an obtuse solution, whereas we could be dealing with very clear and simple solutions?

Canada Elections ActOral Questions

November 15th, 2007 / 5:20 p.m.


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Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

Mr. Speaker, I listened with great attention to the member's point of view. I realize that he is a veteran of the Bill C-31 committee and I respect that. I will take him at his word that his Cassandra-like calls of the problem that Bill C-18 is attempting to solve were in fact made and that they were not simply the remarks of Mr. Mayrand with respect to attestation for the people in the homeless shelters, student foyers and seniors homes. That is what I saw on the record so far as the Cassandra call. If my friend says that he brought up the exact problem that is being addressed in Bill C-18, I will take him at his word.

I do recognize that he, like I, probably has not been faced with a lot of problems in his riding regarding this very aspect. This is primarily a rural issue with respect to addresses not being civic addresses as mandated by the act.

I realize he has a philosophy and a point of view and I respect that, but I do not necessarily agree with it. I agree that Bill C-18 is a big government band-aid from a government that does not seem to care about the details that it should as a government.

Would the member agree with me, is this not a partial solution to a problem affecting one million rural voters in this country to whom we owe a duty before the next election to give them the right to vote? Is that not what we are trying to do by sending this bill to committee? We must show the government that it has a duty and a responsibility to be more responsible in the field of democratic reform.

Canada Elections ActOral Questions

November 15th, 2007 / 5 p.m.


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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, here we go again trying to deal with the problems of Bill C-31. I know that might not be the kind of comment that the government wants to hear but it has to look reality in the face. The only reason this bill is in front of us is because of what I said Bill C-31 was from the beginning, which is a solution looking for a problem.

We have found a couple of bills to date. We have Bill C-18, which is what we are debating today, and we have Bill C-6. I suppose we will have a couple more bills before it is all over.

If we go through the bill, one clause states that when swearing an oath to prove someone's identity, the person who vouches for another individual does not necessarily need a civic address on his or her ID if the information on the voters list matches up with the information on the ID.

The committee heard from groups of advocates, people representing the homeless, people representing aboriginal people and people representing students. The people representing the aboriginal people were very clear on this issue of civic address and all members of the committee heard it. They said that we would have problems identifying voters because some people do not have a civic address. I invite all members of the House, including members who may have been on the committee, to look at the blues and read the witnesses' comments where they invited us to look at this concern.

What they were saying is that if we were to go ahead and do this, we would be disenfranchising people, and did we disenfranchise people. We disenfranchised not a couple of hundred or a couple of thousand, but probably millions of people. Why? It is because the House, in its infinite wisdom, passed a bill that was not sufficient. It was not sufficient because the committee, I would submit, did not do its homework.

I asked the committee for more time to hear from witnesses beyond the list that we had in front of us and I was told, in the instance of the privacy commissioner, no because it had already heard from her. I had to take it upon myself to write to her and obtain a response about the whole issue of privacy and birthdate information. She readily supplied me with an opinion of the bill contrary to what members of the committee had believed, which was that there were concerns about privacy in the bill.

I would submit that we have in front of us a bill that is trying to mop up the mess that was created by a bill from the government. I would like members, perhaps during questions and comments or to seek me out afterward, to provide me with an explanation or an instance where Parliament has passed a bill and, within months of it coming into force, has had to come up with further bills to deal with the problems in the initial bill. We are now up to two bills, and counting, based on the flaws and problems in Bill C-31.

I know members of the government will say that I did not raise these problems in committee and that I did not have the wisdom of knowing that these things would come up. I would suggest that I did not foresee all of the problems but I certainly saw the problem, which was the way Bill C-31 was crafted.

The crafting of the bill was taken from a committee report. What seems to be the Conservative Party playbook is that committees are used to put forward one's agenda. A fairly lengthy report was written by the Standing Committee on Procedure and House Affairs, there was a government response and within a week a bill was in front of us called Bill C-31.

Bill C-31 was introduced because there was a concern about potential voter fraud, and I triple underline “potential”. When this was put in front of parliamentarians, they said that it had to be dealt with right away and cleaned up. In fact, that is what the committee did by way of hearing from a limited, in my opinion, number of witnesses.

It heard from witnesses like the Chief Electoral Officer who was asked if voter fraud was a major problem. They all heard quite clearly that it was not and that there had been approximately four cases of potential voter fraud in the last three elections.

We spent a large amount of time on it and we are spending more now trying to deal with this outrageous problem of voter fraud, but I have to give the government credit because it was clear in saying that it was potential voter fraud.

I have to submit that the concerns of my constituents are around cleaning up politics, ethics in politics, and integrity in the system. There is much more concern about candidate fraud, when candidates say they are with one party one day but wake up the next and lo and behold they are not a Liberal candidate anymore but rather a Conservative cabinet minister. Constituents are more concerned about how to deal with that kind of lack of integrity, where people can run for a party, cross the floor, and virtually within minutes it seems jump into government or into cabinet.

How about going from the backroom of the Conservative Party into the Senate and then vaulting into cabinet? Those are the concerns that my constituents have around the integrity of our electoral system. They are not concerned about potential voter fraud other than not to make matters worse.

Excluding my party, what Parliament has done is pass a bill that disenfranchised so many people. In committee we talk about this often and say we should always be vigilant for the unintended consequences of legislation. We all know this. We heard from people who were advocates of the homeless and from aboriginal people.

We are talking about people who are living in rural areas. We identified that what we have now in front of us is a concern about actual addresses. We heard from people who were representing students. The surprising fact is that when we were at committee they told us quite clearly this would be a problem.

What did we do? We did not consider it to be that big a problem and that it would all be fine because we knew better. Well, we did not know better and here we are with a bill to prove it. It is Bill C-18.

What we did not do is consult. I have said it before, that our job is to consult and after we have consulted, consult some more until we are absolutely sure we have done our homework. That is not the case in the instance of Bill C-31. We in fact had worse than that. It was not unintended consequences but some intended consequences with birth date information. It bears repeating that in Bill C-31 there were unintended consequences.

We did not hear this from witnesses and everyday people at all, this need to have birth dates on the voters list as an oversight requirement. However, what was really strange and quite disturbing was that we had intended consequences at committee. Not only would the bill have one's birth date information on the voters list but it would be shared with political parties.

In this instance it was not unintended consequences but very intentional. Our friends from the Bloc brought forward a motion at committee supported by the Liberals. The government joined me in opposing the amendment but lo and behold by the time it got to the House for third reading, it lost its courage to fight for the privacy of Canadians and it collapsed.

As my friend from Winnipeg Centre said the other day, the government folded like a cheap suit. It just said, oh well, for the interest of getting the bill through it needed to ensure that it let the amendment go through. My goodness, we had the Privacy Commissioner of Canada, in a letter that I gave to the committee, ask:

Is the problem of voter fraud so serious and sufficiently widespread to require the use of additional personal information? If it is a serious problem, is it necessary to provide polling clerks with the date of birth or can the same objective be achieved using less detailed information?

She was clear in saying that we should not, but again we had the government and the opposition parties saying that it was okay, that they would let date of birth information go through and share it with political parties.

This kind of information is analogous to giving people, who would like to use this information for fraud purposes, a little kit. I was calling it a government sponsored identity theft kit. That is what we are giving people.

Members know that there have been recent reports about concerns regarding credit card theft and people who are able to access bank accounts. What do they need? They need a date of birth and an address, and a lot of harm can be done. We were going to give this not only to poll clerks where, with all due respect to them, that information might get lost, but also to political parties.

I know the Liberal Party wanted it because it needed to do a little more in terms of fundraising. The Bloc said that is how it does it and that it had done it before in Quebec. I have no idea what the government was going to do with it. I guess one day it will tell me or it will be written in one of its member's memoirs.

In the meantime, what we have is a privacy problem within this bill. Then we have a problem with leaving hundreds of thousands of people off the voters lists, and now we have Bill C-18 in front of us. I submit that not only did the government not get the job done and did not do its homework on this bill but that we also opened it up to having the unintended consequence of invading people's privacy.

We really have to question why, at a time when all politicians and all parties are saying we want more people to vote and we want to get young people interested in politics, we put up these barriers.

I have to give the example of Ontario, where Ontario has made some changes to the requirements to vote. It did not do a very good job at all in telling people that when they go to the voting stations now they have to provide some ID. Voters have to tell the poll clerks their names, their postal codes, et cetera. Having taken part in the most recent provincial election, I know of a senior in my riding who, when I knocked on her door to ask her if she was going to vote, said “I tried to vote but they would not let me”.

That is exactly what is going to happen in the next federal election and I am not sure that this bill is going to solve that problem. The reason she said that is because she did not have the required ID and she had no one to vouch for her.

I can guarantee members that that will be the situation for hundreds and thousands, if not more, Canadians if we do not change the law. The law needs to be changed for people who do not have the requisite identification, in this case a senior who had lived in this particular domicile for more than a decade and did not have the requisite ID. We are going to see people disenfranchised like never before.

In fact, what we will see unless we change the law, with something like a statutory declaration, is people who are disenfranchised in the rural areas, in the north, in the urban areas, as well as homeless and transient people.

What we need to do is take a good look at this bill and at what the poison pills are in this bill. We saw the poison pills in Bill C-31. Are there any in here? I would submit there are a couple and I would just ask the government to do a very simple thing and look at enumeration. Why in heaven's name is it not going to engage in universal enumeration at every election for the universal suffrage of all of our citizens that we so obviously respect?

The other thing is not only to have universal enumeration and spend money there, but to make sure we train people properly. Those are nuts and bolts things, common sense things that we put forward at committee. The statutory declaration was another thing.

Finally, regarding the voting cards that everyone is so concerned about, and I am one of them, that are ubiquitous in some of these lobbies, put them in envelopes for goodness' sakes, address them to the voters, and if the voters are not present at those domiciles, they would be returned.

Presently, these cards are left around and open to potential voter fraud, I agree, but for goodness' sake, use this terrific new technology called an envelope, address it to the elector, and if the person does not live there anymore, it will be returned to sender, in this case to Elections Canada.

That is yet another way we can improve the system. It is another suggestion the NDP had. We should clean up the voters list, make sure we have actual human beings going door to door to clean it up, put the voters cards in envelopes, and ensure that there is a safety gap with the statutory declaration.

I must say that some of the critiques about statutory declarations are ridiculous. It suggests to me that there is mistrust among some members of everyday people, of citizens of Canada. As I said, there should be more scrutiny of people who cross the floor than citizens who are trying to engage in their franchise.

We will have to go to committee and try to fix yet another government bill, a mess that was made with the mélange of the three parties to ensure that Canadians will not be left out.

Members should read the blues of the committee. We were told by the Chief Electoral Officer that the way Bill C-31 was written and the way this bill is written now, goodness knows the way this bill was put through without us trying to fix it, people will show up at polling stations and will be sent away. They will not return.

That is what will happen at five minutes to eight or five minutes to nine, just before the poll closes, if people have to go get more ID because they do not have sufficient ID or they have to find another person to vouch for them. I can guarantee that people who have been voting all their lives, particularly people like the senior referenced in the Ontario election who had voted all her life, will just plain give up, and that is pathetic. It says that we have not done our job here.

I am not willing to do that, to allow our government to provide legislation that will disenfranchise. My party will not and I will not. We will make sure this bill, from our perspective, will make sure that Canadians, every day people, will not be disenfranchised. Then we will have some semblance of common sense in our electoral system.

I sincerely hope that the government will engage us this time in some of the ideas I have put forward, three straightforward ideas, and that it will take a look at it with honesty and sincerity, and say that maybe this is not a bad idea.

When we are talking about our democracy, the foundation and the franchise, people fought for it, as we just celebrated on Remembrance Day. To just let it fray away, to watch it be torn apart because of either ill-conceived notions or worse, as I said before, conceived notions, is not something we in this party will stand by and see happen.

I will just wrap up with a couple of comments about what can be done to ensure, through witnesses at committee, that we not have the fiasco and the mess we had with Bill C-31 yet again.

I would ask that parliamentarians go to their ridings. I have done this already. I have talked to people about the proposition of not only Bill C-31, but further to Bill C-31, Bill C-6 and Bill C-18. I am not sure as many people were engaged with Bill C-31. There has been a wake-up call, clearly, because of the mess of Bill C-31, and the fact that we have disenfranchised in a blink hundreds of thousands, if not millions, of Canadians.

However, hon. members should talk to everyday people in their constituencies and ask them what would happen tomorrow if they had to follow the requirements of the present legislation before us. Would they be able to vote? Would they have a problem finding someone to vouch for them? Would they have the requisite ID? Hon. members should go to a seniors residence, go to a homeless shelter, talk to some students, and then find out from them if there are problems, because that is the business of consultation.

That is what I did last week vis-à-vis Bill C-6, and I heard a lot of concerns. I would plead, almost beg, with members of Parliament to talk to their constituents on this bill because we did not consult enough last time. Let that not happen again.

Let us engage our citizens on this. It is their right. We are making up the rules here for them. We made a mess of it with Bill C-31. We need not do that again. Hon. members should talk to their constituents and then bring witnesses forward to committee through their respective representatives on committee, so we can hear from everyday people about how this would affect them. That did not happen last time.

The people who did come forward warned us that there would be problems, but sadly, members did not listen to them. Our party did. That is why we voted against Bill C-31.

We now have two bills which are trying to clean up Bill C-31. I am not sure if this is a record. I will have to look it up. We need to clean this up.

Canada Elections ActOral Questions

November 15th, 2007 / 4:55 p.m.


See context

Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

Mr. Speaker, there is the saying “Heavy is the head that wears the crown”. I will go this far with my hon. friend from Western Arctic in saying that the government has the responsibility to bring forward legislation in various areas, including, in this case, democratic reform. However, it has missed the boat substantially. It did not take heed of loopholes or gaps in the legislation as it was reviewed by the Senate. Now the government is playing the game that everyone is to blame.

It seems to me that the Conservatives are still stuck in the opposition ways and Lord knows they were there so long that it may be a form that they cannot get out of, but let us hope they get back into it soon.

However, I differ from my friend from Western Arctic, although I deeply respect his comments. He represents a riding that is among the most affected ridings due to the deficiency in Bill C-31 as it relates to the actual issue which is the civic address on the list of electors versus the address or domicile that one presents through identification at the polling booth.

I respect his philosophical point of view but will he and his party not be blamed if thousands--in fact we know it is millions in the affected ridings--of people in his riding show up and cannot vote because his party did not act to do the band-aid approach, which is what this is, but will, nevertheless, put more voters back on the list by pushing it along and improving it in the committee and bringing forward the concerns that are deficiencies in Bill C-31 that my friend has raised?

Will the member not agree that we should at least move this along to committee, to put this band-aid on it, which is all the government can do, and we know that, in order to put back on the voting list the people who in his riding will be most affected?

Canada Elections ActOral Questions

November 15th, 2007 / 4:55 p.m.


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NDP

Dennis Bevington NDP Western Arctic, NT

I can assure my hon. colleague that through this process I have always said that this photo ID requirement for voting is wrong. I have never changed my position on that. I voted against Bill C-31. I did not even want to look at the provisions within it because I felt it was wrong from the beginning.

When it comes to fixing Bill C-31, which is what we are doing now, we are fixing a bill that was only in front of us six months ago. We have two bills in front of Parliament right now that are trying to fix Bill C-31. What a mess we have.

Who is responsible for that mess? Is it the opposition parties? Is it the government that brought it forward? I would say that it is the government's responsibility to bring forward bills that it has scrutinized and that it understands the implications of the bills. They should not be put forward in such a quick fashion that the government does not understand how they will affect hundreds of thousands and millions of Canadians.

Canada Elections ActOral Questions

November 15th, 2007 / 4:55 p.m.


See context

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, this is not the only problem we have seen with Bill C-31. We just had another with Bill C-6.

Canada Elections ActOral Questions

November 15th, 2007 / 4:50 p.m.


See context

Edmonton Centre Alberta

Conservative

Laurie Hawn ConservativeParliamentary Secretary to the Minister of National Defence

Mr. Speaker, I listened with interest to my friend gloomy-and-doomy down there as he spoke about social engineering. I want to assure him that there are no black helicopters circling his riding, or anybody else's, taking away Canadians' human rights. One would think the sky had fallen because all parties in this House made an honest error when Bill C-31 came through in the first place. That has been acknowledged by everyone except, apparently, the NDP. They voted against Bill C-31 for entirely different reasons. To suggest they saw this, of course, is completely false and disingenuous.

Credit should go to all parties that have said we need to fix this right away. The government responded. We have Bill C-18. It will fix the problem of rural voters right away. That is what was asked for and that is what is being done.

Therefore, the gloom and doom from down the way is just silly, frankly. The government has taken action. I would like to ask my hon. colleague a simple question. Is he going to support this bill or not? All parties, including his, asked for action to be taken and it is being taken. Is he supporting it or not?

Canada Elections ActOral Questions

November 15th, 2007 / 4:30 p.m.


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NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, it is not with great pleasure that I stand today to debate Bill C-18.

As a member from a northern riding, I am debating a bill that may solve some of the issues within our riding, but it does not really get at the essential nature of the change in the voting system that will disenfranchise many people and will create great confusion and hardship in voting, at least in the next election, if not many other elections into the future.

When I stand today to speak to Bill C-18, I truly want to speak to Bill C-31. I want to speak to a bill that, in its nature, I cannot support. Its nature will change the way Canadians view their essential political rights in our country. It is a bill that I do not understand and I do not see where the direction is. I have to go back in some ways to Bill C-31 to look at some of the reasons given by our government members in putting forward the bill.

The member for Regina—Lumsden—Lake Centre spoke to the bill on June 18. He 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 because.

To say that by creating these types of conditions that need to be in place for the voter to vote, we will increase the voter turnout in this country is, by any stretch of the imagination, patently absurd.

He went on to say, which is something more personal:

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.

That is quite a significant fraud. We have seen greater fraud in the House over the past two years with the member for Vancouver Kingsway. He did not even take the time for the House to open up before he jumped across the floor and demonstrated his utter contempt for the voters who elected him. That is a greater fraud by far than a single voter who may misinterpret where he or she is supposed to vote or may make a mistake in the location of his polling station.

At the same time, the Minister for Democratic Reform spoke. He 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.

Let us look at some of those statements. He said “Improve the accuracy of the national registry”. Where, in any of the discussions we have had over the past while, do we see a better enumeration system? Clearly, that is one thing we need. Many of the problems we have in the voting system in Canada come from the attempts of the current government and previous governments to reduce the work and the effort that is put into the enumeration system across the country. That is one of the serious problems we have with voting.

This bill and Bill C-31 will not change that. They will not make the system more complete. They will not ensure that people are carefully enumerated and that we have the kind of system that our parents and grandparents built up over many years.

Will it facilitate communication with the electorate? I do not see how that will happen with these two bills. What we are going to see is a situation in which many people will find, for one reason or another, that they do not have the proper identification or the proper address or that the address does not match. They are going to be turned off voting.

That is going to happen with a lot of very young voters. That is going to happen with voters who are in disadvantaged situations across this country, the homeless, the poor and the people who have to work long hours and do not have the opportunities that others do.

I know that federal employees have consecutive hours off work in order to vote. The people who are less advantaged across this country will find it more difficult to vote. They are going to have to ensure that on voting day they carry their identification and make even more of an effort than they are accustomed to in many cases to carry out what is their fundamental, democratic right in this country.

The government is responsible for the bills that it brings forward and for the accuracy and the scrutiny that should go into every piece of legislation that is as important as this one, as important as this legislation that goes to the fundamental nature of our democratic system, which is the right and the ability to vote and the certainty that a voter has when he goes into the voting booth.

The government has completely failed Canadians here. It has brought forward another piece of legislation wherein they are attempting to fix their mistakes yet it does not go far enough. Our party says that if the government wants to fix the mistakes in Bill C-31 then it should go back to what the NDP said previously.

What we proposed previously was to allow the voters to swear that they are who they say they are at the polling station. Then, if there is doubt about the identity of the voter, the voter would put forth sworn testimony that they are who they are and they have the eligibility to vote in that riding. That is trust in Canadians and Canadians deserve our trust.

In the last four elections, where probably in excess of 60 million votes were cast, there have been four cases of voter fraud. All this work that we have been doing in Parliament is taking a big sledgehammer and knocking down a tiny gnat. That is voter fraud in Canada. This bill is a huge sledgehammer.

Then, as for improving the administration of elections, Bill C-31 is going to turn the next election day into a fiasco. We are going to have hundreds of thousands of people, millions of people, standing at polling stations across the country, people who do not understand the rules, who do not have the proper identification and who do not have everything lined up. Canadians are used to voting one way and they will come out to vote and find that the rules have been completely changed. The administration of elections in this next period will be a mess. It will reflect badly on this country and on the voting process of many citizens.

I find these reasons to be bogus at best.

Let us look at what is going on here. We are taking the time now to bring a bill forward that will assist Bill C-31 and some of the errors that were made in that bill in terms of the layout. I heard the comments today from the Conservative government that the opposition did not pick up on these mistakes in committee and therefore it is the fault of the opposition that the bill is not correct.

Why are we doing this? The most cynical bone in my body says that this is a social conditioning exercise.

It will be followed by other social conditioning exercises to ensure that Canadians slowly give up their individual freedoms and slowly find that they have to show identification for whatever they are doing at every step of the way in this country. I do not like that. I still feel that Canadians are trustworthy and that we should encourage trust among Canadians. The concept of continually asking Canadians for their identification at every possible opportunity is the wrong road to go down. Those are my views on dealing with those issues.

I would like to move on now to issues that concern my riding.

Last month I had the opportunity to attend a meeting at Paulatuk, a community high on the Arctic coast. We talked about photo ID and identification. There is no place in Paulatuk to get identification. The residents have to go to Inuvik, which requires a plane flight, to get any kind of identification. Quite obviously, many of the residents do not have current identification. They do not need it in Paulatuk because everybody knows everybody.

When people in Paulatuk go to the polls on election day, the returning officer is going to ask for verification for all kinds of people and they will not have the required identification. They do not have the opportunity to go to Inuvik. They do not have the opportunity to get that set up. That will make a travesty out of a community's life. People who have known each other throughout their whole lives will have to show identification to each other.

That is a difficulty. That is a fundamental problem within this legislation. It does not deal with the honest and trustworthy nature of Canadians. It does not consider that. Unless someone proves who they are, says this legislation, they must not be who they say they are.

In fact, even if an elector has identification but it is not quite what is wanted, as I have said, what happens is that under proposed subsection 3.2, “a deputy returning officer, poll clerk, candidate or a candidate's representative who has reasonable doubts concerning the residence of an elector” appearing in front of them “may request that the elector take the prescribed oath”. We are putting it in the hands of all those people to decide the trustworthiness of that Canadian, but we are not allowing the Canadian himself to say that he is trustworthy and give his oath that he is a citizen and is legally within the jurisdiction and has the right to vote. To me, that is the solution we should be going forward with.

The changes that are going to be made with this bill will help a problem that has been created by Bill C-31, but will not help the problems inherent within it. They will also discourage Canadians from voting. They will reduce the already pathetic voter turnout in this country. They will probably reduce it among those who should vote, those who are disenfranchised from the system, those who need to express their opinions on politicians and the people who run this country.

This is a difficult situation for anyone who did not support Bill C-31. We are being asked to repair some damage that the bill caused, not nearly all of it, but we are still going to leave our electoral system in chaos in the next election. The government is still not providing a decent rationale for its actions. It is not coming clean with Canadians about what it is trying to accomplish here.

To me, Bill C-18 is totally inappropriate because it does not go far enough toward fixing the problems that have been created with the other bill. Until the government realizes the fundamental mistakes it made in the previous legislation, how is it going to fix them with this patchwork? How is the government going to make the changes that are going to make this work for Canadians in the next election and elections in the future? It is not. That is the problem.

We can send this bill to committee. We can try to work with other parties in Parliament to fix errors in a bill that is not appropriate, but that is not good enough. For Canadians, one of the only hopes we have now is what is happening with the charter challenge on Bill C-31. It is being challenged in our courts for its unreasonable nature in terms of our fundamental rights as Canadian citizens.

We will have to wait and see. Perhaps this problem will be solved for us by the courts, but that is a crying shame when we look at what has happened here in Parliament with this kind of legislation and the direction the government has taken. It is a real shame.

I am disappointed in the government. I am disappointed for my constituents. I do not want any of my constituents not to be able to vote, whether they are students travelling from one community to the other or transient people who have changed their address but have not changed it on their identification. Whatever the problem is, we will see problems with this bill that are hard to judge today, but they definitely will show up on election day. It will cast the whole system into some considerable doubt and will create a lot of pressure for change after the next election.

I do not know what we were doing when we brought forward Bill C-31 or what the thinking was there, but as a Canadian, as someone who prizes my right to vote and the right of every other citizen to vote comfortably and cleanly without any conditions put on that right, I am not happy with this. I do not think the bill is appropriate. I certainly hope that the courts will adjudge the same. That will solve the problem for us and bring it back to the reality of our electoral system, our voting system, which has worked well for us.

If there were examples of large scale fraud that came before the courts, we might have a case to say that we needed to be more vigilant here. We should have opened up the whole act and looked at how to review it to ensure that deputy returning officers and poll clerks all have the proper authority to deal with the issues that come in front of them. Instead, we took this course. Is it a course that is going to work for us? I do not think so. I think we have taken the wrong course and we need to right it.

If this Parliament does not do it, perhaps the courts will. I hope the voters realize this when they go into the voting booth in the next election and realize which parties caused the problems that they see in front of them, when they see the lineups and the people rejected from voting. I hope they think about it when they are going in to vote and I hope they cast their votes accordingly, realizing what the government has done to the system that was working well and was in place, a system that needed more work on the enumeration side and that needed the electoral act to be looked at in certain ways to ensure that the performance of the officers involved in conducting the elections is proper in this day and age.

Those are the things we should have looked at. We can attempt to fix this in a small fashion with this bill. We can fix the problems we have created with Bill C-31, but it is not good enough. It is not good enough and it should not be taking place in this Parliament.

Canada Elections ActOral Questions

November 15th, 2007 / 4:30 p.m.


See context

NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I was not going to rise, but I have to after that explanation.

I was at the committee when Bill C-31 was discussed. We heard testimony from people from first nations. We heard from students and advocates for the homeless. They were very clear that there needed to be a process in place that would allow the people they advocated for to vote and that if Bill C-31 went ahead the way it did, they would not be able to.

What did we do? We ignored them. We did not listen to them, because apparently we knew better. Well apparently we did not. Apparently they knew better because here we are trying to clean up the mess that we were told would happen.

Therefore, was the hon. member aware that at committee we heard from witnesses, from everyday Canadians, from the homeless, from first nations and from students. They said to us that if we did this, we would disenfranchise them. They asked us not to do it. Why in heaven's name did his party support that bill at the time?

Canada Elections ActOral Questions

November 15th, 2007 / 4:25 p.m.


See context

NDP

David Christopherson NDP Hamilton Centre, ON

Mr. Speaker, I was particularly struck by the member's focus on his province, and his own constituents, particularly those who have been disenfranchised.

The member will know that the NDP voted against the original Bill C-31 because of the very issue of disenfranchisement. Our concerns are that those issues still remain unresolved. There still will be literally thousands, if not tens of thousands, of homeless individuals who will have no means of being able to vote.

Despite the hon. member's concern for his constituents, he suggested that this bill would kind of make everything okay. From the NDP perspective, it still leaves unresolved all the key issues, in particular the matter of a statutory declaration, which we believe would go a long way to resolving that issue. The bill before us now will not address that and it will still to leave a number of my constituents and a number of his disenfranchised. They will be unable to participate.

Perhaps he could help close that gap for me in terms of understanding the Bloc members original support for Bill C-31, their support of this bill and his personal concern raised here today about those who will be disenfranchised. The disenfranchisement will still continue even after Bill C-18 is passed, which in effect amends Bill C-31. Would the member be good enough to help me understand and close the gap between the two trains of thought?

Canada Elections ActOral Questions

November 15th, 2007 / 4:05 p.m.


See context

Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, it is a pleasure for me to rise today on Bill C-18, An Act to amend the Canada Elections Act (verification of residence). I would like to provide a bit of background on why we are seized today with this bill. In February 2007, the House of Commons passed Bill C-31, which changed the Elections Act to reduce the chances of fraud or error by strengthening the requirements around the identification of electors.

As a result of these changes, Bill C-31 became more like the Quebec Election Act. It was nothing new, therefore, for us in the Bloc Québécois. Bill C-31 will be in effect in the next election campaign and came into force at the time of the last byelections in Quebec. Voters now have to present a piece of government-issued identification containing their name, photograph and home address, for example a driver’s licence. Voters who do not have identification containing a photograph must supply two pieces of acceptable identification in order to establish their identity and home address.

The Chief Electoral Officer will issue a list of the acceptable pieces of identification that electors can present at polling stations. We had one during the last byelection in Quebec. The identification can range from a credit card or credit card statement to a telephone bill or any other document that makes it possible to quickly identify the elector.

Potential electors who go to a polling station without two pieces of identification will be required by law to take an oath that they are who they say they are. In addition, a person who has already met the voting requirements can vouch for them. So it is very simple. If a person does not have two pieces of identification, someone who has already voted and met the requirements and who has his or her identification can vouch for that person.

This seemed very acceptable to us. Of course, there are always exceptions to any good rule. We had to review the situation in light of the recommendations by the Chief Electoral Officer, who told us that more than 1 million Canadians do not have a home address in due form.

We can understand that in Quebec. Until 2000, I was the mayor of a small town. I was given the opportunity to be the warden of the MRC and one day the president of the Union des municipalités du Québec. I can say that in the 1980s, a number of the smallest communities in Quebec did not have street numbers, door numbers, etc. The Government of Quebec asked all these municipalities to have addresses with street numbers and door numbers. This required a major investment. People had to go through the Commission de toponymie to get street names and so forth. The effort was made in Quebec, in areas that had municipalities.

However, there are still some areas not organized in municipalities. In Quebec, there are thought to be about 15,000 people who are affected. This figure also includes people with no fixed address, the homeless and so on. According to the Chief Electoral Officer of Canada, there are about 15,800 electors who do not have an address consistent with Bill C-31, passed last February.

When we look at what happened in the other provinces, such as Newfoundland and Labrador, we see that approximately 23% of voters would not be able to vote because they do not have a home address with street number. This means that they have rural addresses with only P.O. box or rural route numbers. This was the case 20 years ago in Quebec. So we can understand why other communities decided not to invest in this. In Ontario, 150,000 voters are affected and in Saskatchewan, there are 189,000. In Nunavut, approximately 80% of residences do not have individual addresses. So we can understand why this bill aims to regularize the situation and enable these people to vote.

Obviously, the proposals in Bill C-18 seem acceptable to us. In short, the bill amends the Canada Elections Act to make the rules more flexible, making it possible to verify the residence of voters living in areas where the municipal address on ID cards is a P.O. box, general delivery or rural route.

The bill states that if the address on the ID card provided does not establish the voter's residence, but corresponds to the information found on the voter's list, the voter's residence would be deemed established.

For example, a voter whose ID card shows only a rural route address would be able to establish his residence if that address corresponds to the information on the voter's list.

Obviously, if the voter's list shows that a person lives on rural route #2 in a particular place, and the identification shows the same address, it would be possible to make the connection and the bill would not require a street name and number as it did before. There would be enough information to make the connection.

There is also the case where one voter vouches for another. I gave an example of this earlier. Under the current act, someone who has an address and knows someone who does not have an address with a street number or does not have two pieces of identification can vouch for that person. People without addresses cannot be vouchers under the current act. Now, people who have proven to scrutineers, Elections Canada workers or the people responsible for supervising the vote that their general delivery address is the same as the address on the voter's list—and who therefore have previously exercised their right to vote—may vouch for another voter.

Clearly, these people can be allowed to vouch for voters who have no identification. The current bill keeps the references to pieces of identification, but allows rural routes in lieu of addresses with street numbers as addresses that match what appears on the voters list.

In my opinion, it is good that this bill can make things better for 15,800 voters in Quebec with no fixed address. The same problem exists in the other provinces, so the bill makes things better for the million voters the Chief Electoral Officer mentioned.

However, we have heard from members of other parties in this House. This measure must not nullify the whole principle of Bill C-31, which was introduced in the last session. We want to be able to avoid fraud by requiring two pieces of identification. We must not allow statutory declarations. What some members are trying to say is that we should go back to statutory declarations. A person simply has to take an oath to be entitled to vote. What we want is evidence, identification or someone who can vouch for someone else. Otherwise, this bill would call into question or have the opposite effect of Bill C-31, which was passed in February 2007.

I want Quebeckers who are watching us to know that Bill C-31 of February, 2007, is identical to the Election Act of Quebec. In Quebec, when we vote, we have to show identification. The federal legislation was much more lax. In the past, this resulted in mistakes and possibility for fraud. Quebec has always been a leader. Since René Lévesque, who overhauled the entire electoral system, political party financing and so forth, Quebec has always led the way in electoral legislation. We must applaud the Government of Canada for yet again modelling its legislation on legislation in force in Quebec and for the decisions it makes here in this House, with tremendous support from the Bloc Québécois. We are always proud to help the rest of Canada benefit from the good things in Quebec. Often, the best things come from Quebec. I am sure that the hon. member for Roberval—Lac-Saint-Jean can attest to that. As a former mayor, he knows quite well that we are always leaders in Quebec, but lately with the Conservative government, we have been falling behind in forestry and the development of the manufacturing sector.

If the federal government would agree to invest in its jurisdictions in economic development, if it would agree to listen to the recommendations of the Government of Quebec, of Premier Jean Charest, who is not a sovereignist, things would be better. Premier Charest asked the federal government to intervene and help the manufacturing and forestry sectors.

We saw that the Conservative government's recent policy statement, its mini-budget, offered absolutely nothing to deal with the crisis in forestry and manufacturing.

Bill C-18, which follows on Bill C-31, is a good piece of legislation. It modernizes the Elections Act and is based on legislation that has been in force in Quebec for almost a decade.

It would be nice if, in other matters such as aid programs for the forestry and industrial sectors, the Conservative government reacted to and relied on the good advice it is being given by the Bloc Québécois MPs and the Government of Quebec.

Once again, it is sad to see our colleagues from Quebec who agree to sit here, to sit at the same table as the hon. members from the rest of Canada, who do not have the same interests as Quebeckers. What can I say? They might understand, one day. There are seats available here on this side of the House for them.

That is why we always have to pay attention and be alert. After all, we are here to stand up for citizens. Bill C-18 was introduced in response to a complaint from Canada's Chief Electoral Officer, who wanted voters with no fixed street address to be allowed to vote.

The Bloc Québécois intends to stand up for their interests and supports the government in helping the Chief Electoral Officer.

When it comes to the Chief Electoral Officer, however, we always have to be very careful. When he asks for something, that is one thing, but when we do, that is another thing entirely. Let us not forget what happened during the last election campaign in Quebec, for the byelections. All of the parties in this House asked the Chief Electoral Officer not to allow people to vote with their faces covered. He did not comply with the unanimous decision of the members of this House who asked him to act in a timely and efficient manner like Quebec's chief electoral officer did.

I want to make sure this message reaches Canada's Chief Electoral Officer. This bill can help him. However, when all of the parties decide to recommend something, he should comply with that. After all, he is a public official. We want him to be neutral, but the position is a political appointment. That raises some questions. The Conservatives appointed him. They were very upset when he allowed people to vote with their faces covered. But since they were the ones who appointed him, they played it down later.

Obviously, by introducing a voter identification bill in this House, they are trying to correct one problem by creating another. The Conservatives are often conflicted like that. They want to solve the problem of veiled voters, but that means staff at polling stations will have to be women. Clearly, by solving one problem, they are creating another. That is often the case with the Conservatives. That is why they are languishing in the polls. In my opinion, they will continue to languish for some time.

Nevertheless, we hope here today to help those who do not have a fixed address. I explained this at the beginning. Something like this happened in Quebec in the 1980s. The tiniest communities did not have street names or civic numbers. That is understandable. Now, out of seven million residents in Quebec, there are only 15,000 people who do not have one. We understand that not all provinces have invested in this way. We can respect that reality, and help those people, while respecting the fact that they must produce identification.

Bill C-18 states that, even if a voter does not have a civic address, he or she must bring identification. If that identification indicates rural route number 1, without a house number, and if the voter registration indicates the same information, that is, rural route number 1, that is considered a match.

Thus, this bill would allow these people to vote. That is the aim of the bill, and we support it.

I can give an example of the identification required. A list, which can be updated for every election, was drawn up by the Chief Electoral Officer.

That is why it was not included directly in the bill. However, concerning ID cards, for all the voters listening here today, it could happen sooner than one might think. One never knows. There could be a federal election any time. With a minority government, any little slip up could trigger an election.

They need to know that the identity cards that will be accepted must include a photo and address, like a driver’s licence. Otherwise, it will be necessary to produce two other pieces of identification; in particular, those with a photo but without the address, such as a health insurance card in Quebec. It could be a matter of a health insurance card, a social insurance card, a birth certificate, a driver’s licence, obviously, a Canadian passport, a certificate of Indian status, Canadian citizenship certificate or citizenship card, a credit or debit card in the voter’s name, a Canadian Forces identity card, a health care card, an employee identification card produced by an employer, the old age security card, a bus pass, a student card, a library card, a liquor store identity card, a card from Canadian Blood Services or Héma-Québec, a hospital card, a fishing permit, a wildlife identification card, a hunting licence, a firearms acquisition certificate, an outdoors card or permit, a provincial or territorial identity card, or even a card from a local community services centre.

Obviously, these pieces of identification are accepted. Original documents with a name and residential address are also accepted; credit card statements, bank account statements, public utility bills, municipal property tax evaluations, school report cards, residential leases, statements of benefits, as well as income tax notices of assessment.

It should be understood that there is no shortage of pieces of identification. Obviously, the easiest is to present an identification card with photo and address, like a driver’s licence; however, not everybody has one and we are well aware of that. Next, there is a whole list of documents with name and address, two of which could be presented in order to vote, whether they have a photo or not.

The residents of Quebec should recognize that it is the same thing for the provincial elections: they must always bring their pieces of identification when they go to vote. As for the people who are responsible for applying the law, they should know that it is done out of respect for the institution; that is to say to ensure that the right people are voting. The procedure is very respectful. It will help election workers prevent fraud and error.

Above all, we are not falling into the trap where we allow the famous declaration under oath, without requiring any piece of identification, as was previously allowed. A voter could declare that he or she was the proper person without those who were working at the polling station really knowing that person’s identity. It was enough just to make a declaration. From now on, that will not be tolerated. An eligible voter will have to vouch for someone who does not have the proper identification.

If you do not have identification, you must be accompanied by someone who fulfills all the conditions—an individual who has identification, who was able to vote and who can vouch for you because they personally know you. This is allowed but you have to be accompanied by someone who knows you. Therefore, if there was fraud or whatever, the person who vouched for you would be responsible and liable to legal proceedings.

The Bloc Québécois is pleased to support Bill C-18 at second reading. We hope that amendments will be made quickly because elections can be called earlier than anticipated when a minority government is in power, particularly when the government acts like a majority government, as is the case at present, and is very arrogant towards the other parties. As the chief organizer of the Bloc Québécois, I am in a position to say that we will be pleased to go head to head with the Conservatives anywhere and anytime.

Canada Elections ActOral Questions

November 15th, 2007 / 4 p.m.


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NDP

Bill Siksay NDP Burnaby—Douglas, BC

Mr. Speaker, the member will know that yesterday in northern Canada a major report on women and homelessness was released, it is entitled, “You Just Blink and It Can Happen”. It talked about the very serious situation that faces women who are homeless in Yukon, Northwest Territories and Nunavut.

One of the problems that we know existed with the legislation that was passed in the first session of this Parliament, Bill C-31, was that it did not go out of its way to assist people who were homeless to register and vote in elections.

Since the bill that we are currently debating tries to fix one of the glaring problems created by the previous legislation, which is the disenfranchisement of rural voters, I wonder if the member might comment on how the legislation that we are debating now does anything to ensure that homeless people will be able to vote in federal elections. For instance, it does not allow for statutory declarations. It does not allow for someone to vouch for more than one person at a poll.

For example, if a woman finds herself in a transition shelter, it would not allow the person who operates that shelter to vouch for all the women who happen to be living at that place at the time of a federal election. The person who vouches also has to be someone who is on the voters list in that poll, so it is a very limited possibility for ensuring that those people who are homeless or in some kind of a transition at that moment are able to vote.

I wonder if the member might comment in light of this very disturbing report that came out yesterday on women's homelessness in the north.

Canada Elections ActOral Questions

November 15th, 2007 / 3:45 p.m.


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NDP

Bill Siksay NDP Burnaby—Douglas, BC

Mr. Speaker, I want to thank my colleague from Vancouver Island North for her intervention in the debate today and pointing out the great irony of Bill C-31, a bill that purportedly was intended to deal with the question of voter fraud, even though there is not a high level of voter fraud. No one claimed that voter fraud was rampant in Canada. Again, it seemed like an issue that was not really high on the list of issues.

Although we all want a voting system that has integrity, the question of voter fraud was not something that seemed to be rampant in Canada. We had this legislation in the last session of Parliament to purportedly deal with this problem. What it did cause was the disenfranchisement of almost a million Canadians. I really appreciate that she has taken the time to outline how that affects people, particularly in the small and rural communities in her riding on the north part of Vancouver Island.

I know this has been an area of particular concern to my colleague because she has been very active on the whole question of democratic reform and proposing significant measures. While I appreciate her comments directly on this legislation, I wonder if she could elaborate on some of her broader concerns about democratic and electoral reform in Canada, those which are not dealt with in this legislation but would be important issues for Parliament to deal with and look at in the future.

Canada Elections ActOral Questions

November 15th, 2007 / 3:45 p.m.


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NDP

Catherine Bell NDP Vancouver Island North, BC

Mr. Speaker, I am not quite sure what the hon. member was suggesting with his last comment but I will try to answer some of his questions. If he had listened carefully to my remarks, he would not have heard me say that the NDP raised the issue of rural addresses.

I mentioned that because, from what I understand, it was the first nations people who raised that issue at the committee. However, it does not really matter at the end of the day who raised it. I do not know why we need to play a blame game. We are raising it now and it is before this House. Suffice it to say that the NDP voted against Bill C-31 and we were the only party to do so, for many reasons.

The NDP did provide solutions, such as providing a statutory declaration for voters so that they could declare themselves when voting.

With regard to the member's point on more voting days, I do not hear too many people asking for more days to vote. We have advance polls that have been extended over the years, and that is great.

I do hear from a lot of my constituents and Canadians all across this country, through petitions and other things, that they want their vote to actually count at the end of the day. They are looking for changes to our electoral system and what they really want is for their vote to count at the end of the day.

Canada Elections ActOral Questions

November 15th, 2007 / 3:20 p.m.


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NDP

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.

Canada Elections ActOral Questions

November 15th, 2007 / 3:10 p.m.


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Bloc

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.

Canada Elections ActGovernment Orders

November 15th, 2007 / 1:50 p.m.


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Bloc

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.

Canada Elections ActGovernment Orders

November 15th, 2007 / 1:45 p.m.


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NDP

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?

Canada Elections ActGovernment Orders

November 15th, 2007 / 1:45 p.m.


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NDP

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.

Canada Elections ActGovernment Orders

November 15th, 2007 / 1:40 p.m.


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NDP

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.

Canada Elections ActGovernment Orders

November 15th, 2007 / 1:35 p.m.


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NDP

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.

Canada Elections ActGovernment Orders

November 15th, 2007 / 1:20 p.m.


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NDP

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.

Canada Elections ActGovernment Orders

November 15th, 2007 / 1:20 p.m.


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Bloc

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.

Canada Elections ActGovernment Orders

November 15th, 2007 / 1:10 p.m.


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Bloc

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.

Canada Elections ActGovernment Orders

November 15th, 2007 / 1 p.m.


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Bloc

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.

Canada Elections ActGovernment Orders

November 15th, 2007 / 12:55 p.m.


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NDP

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.

Canada Elections ActGovernment Orders

November 15th, 2007 / 12:30 p.m.


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Liberal

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.

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November 15th, 2007 / 12:30 p.m.


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Conservative

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.

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November 15th, 2007 / 12:30 p.m.


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Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

Not so fast, Mr. Speaker. The member suggested that this problem was discovered after Bill C-31 was passed, with almost everyone's consent and hard work, and I appreciate the hon. member's hard work on attempting to rectify it by introducing this bill.

What I understand is that although that bill received royal assent in June 2007, in fact the problems had been detected before then. I am a little confused, because the first notice that I would have had was when my hon. colleague, quite in a genteel fashion, suggested that we have an all party meeting on this in the fall of this year.

To be precise, when did it come to the government's attention? The member is a government member, and it is not even the new government anymore; it is the government now. When precisely did it come to the attention of the government that there was this problem with respect to addresses?

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November 15th, 2007 / 12:25 p.m.


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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Mr. Speaker, I thank my hon. colleague from Souris—Moose Mountain for bringing this forward, particularly the hypocritical stance of the member for Wascana, who quite frankly has made several of these comments before. He says one thing, but when we examine the record closely, as my colleague has done, we find out that actually the reverse is true in terms of his voting patterns.

It is quite clear that not only did the member for Wascana vote in favour of Bill C-31, but all Liberal members of the procedure and House affairs committee, during examination, missed the fact that there was this gap. It is a shared responsibility. For anyone, whether it be the member for Wascana or any other member, to say that this was the blame of the Conservative government is absolutely incorrect and hypocritical, since this bill passed this House, with the exception of the New Democratic Party which voted because of the homeless issue, not because of the fact that residential addresses were contained in the bill. We should have addressed that gap.

With respect to my colleague's question about correcting this quickly so that non-residential address voters in his riding can vote, yes, we wanted to deal with this expeditiously.

I should also state that we have the assurance of the Chief Electoral Officer that this bill does correct the gaps contained in Bill C-31. In the opinion of the Chief Electoral Officer, Bill C-18 fixes that problem, completely corrects it in fact. We will have a letter to that effect to bring to the committee when we start examining Bill C-18.

The Chief Electoral Officer also stated that should there be an election prior to Bill C-18 receiving royal assent, he would be prepared to use his powers of adaptation to ensure that no rural voter was disenfranchised because he or she did not have the correct residential address on his or her identification.

Between the powers of the Chief Electoral Officer and the powers contained within Bill C-18, we should have this problem fixed.

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November 15th, 2007 / 12:25 p.m.


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Souris—Moose Mountain Saskatchewan

Conservative

Ed Komarnicki ConservativeParliamentary Secretary to the Minister of Citizenship and Immigration

Mr. Speaker, I would like to commend the House leader for taking immediate steps on this because it affects rural voters in my constituency, but there is probably a fair share of blame and hypocrisy in the House. I know the member just referred to the comments previously made, but the member for Wascana said that this was a glaring mistake and he referred to it as a Conservative government screw-up, a massive screw-up. Yet at the same time, when we look at the voting record on the Canada Elections Act, the Bill C-31 amendment, the member for Wascana rose on both feet and voted in support of it, notwithstanding the error.

Perhaps the member could comment on the fact that my rural residents now, even with a box number, will have the right to vote with this amendment correction. Perhaps the parliamentary secretary could comment on the hypocrisy exhibited by the member for Wascana.

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November 15th, 2007 / 12:25 p.m.


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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Mr. Speaker, I should probably correct my hon. colleague, who seems to be confusing two different bills. She quoted my comments in Hansard, and correctly, I might add, but they did not deal with Bill C-31. They were about another bill on expanded voting opportunities. That is a bill through which we want to increase the number of days on which voters can cast ballots in advance polls. We are debating that right now in committee, my committee, which I am missing in order to be here to share my comments with members. It is now called Bill C-16, which used to be called Bill C-55, and is on expanded voter opportunities. It really does not have anything to do with Bill C-31.

However, I would point out one other flaw or misinterpretation the member is trying to foist upon members of this place. She said, quite correctly, that in committee the NDP voted against Bill C-31, but it was not because NDP members identified the flaw of the residential address. NDP members voted against it strictly on the basis that they felt the homeless would be disenfranchised.

I will speak to that, but the NDP voted against Bill C-31 not because, as some of the NDP members have tried to suggest, they discovered before the bill was passed that there was this flaw on residential addresses. Nothing of that sort occurred in conversations in the procedure and House affairs committee. Every single member missed this one gap, this one little glitch that eliminated or disenfranchised rural voters who did not have a residential address. I want to correct the record on that.

Specifically on the question of the homeless, I spoke to that in my main address. We have taken great pains to try to make it as fair and as equitable as possible. Yes, many homeless, perhaps the vast majority of homeless, do not have proper identification. However, if they are members of or frequent attendees at a homeless centre, they can get the attestation, whereby the manager can say, “I verify this person's name and the fact that he or she resides in the centre”. Secondly, they do have the ability to have someone to vouch for their identity.

Finally, I would say, again as I mentioned in my main address, is there any legislation in this place which will ensure that absolutely, without question, 100% of eligible voters will be able to cast a ballot? Probably not. There probably never will be.

However, we have taken great steps to ensure a balance between the ability to ensure voter integrity and the ability of everyone who possibly can vote to do so.

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November 15th, 2007 / 12:20 p.m.


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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, I want to thank the member for presenting this bill in an attempt to fix Bill C-31, a bill that the NDP of course voted against when it originally came forward. We raised some very serious concerns at the time about the number of voters who would be disenfranchised, yet all three parties in the House, the Liberals, Conservatives and the Bloc, supported the bill. Now we see the problems emerging.

On June 18, the Parliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform 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.

Yet what we saw with Bill C-31 was that it in fact disenfranchised at least one million people in rural Canada. We also raised as an issue people who are transient or live in homeless shelters. I wonder if the member could specifically comment on how homeless people and people living in transient shelters will actually benefit from this attempt to fix a flawed bill.

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November 15th, 2007 / 12:20 p.m.


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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Mr. Speaker, the hon. member is asking about someone who is a snowbird and who is, for example, vacationing down in Phoenix, where I suppose half of Saskatchewan goes in the wintertime. If an election is called in the winter, he is asking, would these provisions capture any inequities in the ability of those individuals to vote?

The regular rules and regulations for special ballots remain in effect. In other words, if people are away at the time of a vote, they can still get a ballot. They can have a mail-in ballot or a special ballot of some sort. They will still have to produce some form of identification to get that ballot, but they will not be required to do anything beyond the norm.

Bill C-18 is here to address an inequity, a gap, that we found in Bill C-31, and it is here to ensure that people with non-residential addresses have the ability to vote at a voting station at the time they show up.

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November 15th, 2007 / 12:10 p.m.


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Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

And what their favourite dessert is, that is right. That happens in rural Saskatchewan. It happens in rural Canada.

So the argument that this bill still does not quite capture all of the potential problems or glitches I think is something that has been captured by this vouching system.

Will there ever be a system where absolutely, without question, 100% of individuals who live in this country and are eligible to vote will be able to cast a ballot unimpeded? I do not think so, but I think the chances are very remote that a lot of people will be in that situation. I think that Bill C-31 and this new Bill C-18 will have captured the vast majority of people who are eligible to vote and who wish to vote.

Therefore, I would strongly urge all of my colleagues to stand in this place and give this bill speedy passage. I know that none of us in this assembly want to disenfranchise anyone who lives in rural Canada because of something that was an error, something that was missed in the first piece of legislation, Bill C-31.

To speak of that for just a moment, Canadians watching this debate may ask how this could have happened. How could this bill contain such an obvious error and omission and still get passed into law? I think that is a shared responsibility, quite frankly. It was simply something that was missed. When we were first discussing Bill C-31, the procedure and House affairs committee gave its unanimous consent to bring the bill forward to be presented as a piece of legislation and we just simply missed this.

We also had officials from Elections Canada come before the committee on two occasions to examine Bill C-31. They missed it. No one picked up on the fact that the term “residential address” might cause some problems for Canadians who had a non-residential address. Bill C-31 went through the whole legislative system, passed this place, passed through the Senate, was granted royal assent and became law. It was only after the fact that we found out there was a gap in the legislation. That is why we are taking swift action to rectify this.

I would certainly hope that individuals in this place would recognize that and pass this bill speedily and get it to the Senate, where I hope the other place treats it in a similar fashion and gives it speedy passage so that we can get royal assent for Bill C-18 prior to any impending election.

One last point I should probably touch upon deals with the non-government issued photo ID requirements that I spoke of earlier. If hon. members recall, Bill C-31 contained two provisions for identification. One is to produce a government-issued photo ID stating a person's name and address, such as a driver's licence. Also, if people do not have photo ID, they can give two other pieces of identification, both of which must have their name on it, but only one of which needs to have an address on it. Those pieces of identification come from a list approved by Elections Canada.

Some would ask what kind of identification would be approved by Elections Canada. There are many pieces of identification that would suffice: student ID cards, hospital cards, library cards or even a government-issued cheque stub with a person's name and address on it. Those are the types of things that would be eligible.

Also, because I know the NDP has questions about this and has problems with the fact that we are even asking Canadians to produce identification, what about people in homeless shelters? The NDP says that homeless people do not have identification.

However, we have attestation, whereby a manager, for example, or a supervisor at a homeless centre, could attest to the fact that a person is who she says she is and she resides in that homeless shelter which is part of that riding. We have even gone to those lengths to ensure that, not only for the homeless but for senior citizens who may reside in seniors' centres and who can be attested for by the supervisors or managers of those seniors centres if they do not have proper identification.

I think we have done as much as we possibly could to ensure that there are no individuals disenfranchised, but also to respect the spirit of the original Bill C-31, which is voter integrity to try to prevent voter fraud. The only way, in our estimation and in the estimation of the procedure and House affairs committee, to ensure that voter fraud is eliminated or at least curtailed as much as possible is to have identification presented at the time the individual goes to a polling station.

In other words, I believe Bill C-31 and now Bill C-18 strike the proper balance between the ability of individuals to exercise their franchise and vote in federal elections and, on the other hand, the fact that we want to respect the integrity of the voting procedures and the voting system by ensuring there is no fraud in the voting system.

That, in a nutshell, is the genesis of Bill C-31 and it is why we introduced Bill C-18 to try to correct that gap contained in Bill C-31. Again, I would strongly encourage all of my colleagues in this place to support Bill C-18. I hope we can see its swift passage through this place.

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November 15th, 2007 / noon


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Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, it is a pleasure for me to stand today to speak to Bill C-18, verification of residence. It is important for me to put things in context as to how this bill came about and why we are debating it here today.

It all started in the last session with Bill C-31, the integrity of voters, in which we debated at committee and in this place on the plans for the government to introduce legislation that would require voters to produce identification before voting at a polling station in their riding. This was something that was unique. Prior to the bill being passed there were no requirements for visual identification or identification of other sorts prior to voting.

We wanted to make sure that we took appropriate steps to ensure that there would be no voter fraud at any election in the future because we had heard many times from many sources information suggesting that there had been perhaps isolated incidents, but incidents nonetheless, of individuals fraudulently casting ballots in federal elections.

In fact, at committee we heard several examples of how this could occur. Very simply it could occur because someone who wished to impersonate or fraudulently vote in an election could pick up a voter identification card. These are the cards that are sent out to Canadians by Canada Post with their name and address indicating that they are to vote at a certain polling station or certain location in their riding.

Here is an example what would happen in some cases. These voter cards would be sent to apartments and many apartment residents might see it in their post office box, pick it up and just discard it in the garbage bin located in the foyer or their mail box location within their apartment complex. Some individuals then could literally go and take one of these voter cards, walk to the appropriate station on voting day, identify themselves as the person whose name appeared on the voting card, get a ballot and vote. Of course, that is fraud and we want to prevent that.

We had other identified cases in committee where one voter might get three or four voting cards. How would that happen? Simply someone may be named “John Doe” and at another address such as a business location might be named “Johnathan Doe”, or maybe “J.D. Doe”. So there are cases in which the same individual might be listed multiple times and that individual, should he or she wish to do so, would have the ability to go to different polling stations within his or her riding with these various voting cards and say “I am this person”, and then vote multiple times.

We wanted to take steps to ensure the integrity of the voting system and that was the genesis behind Bill C-31. When the legislation was drafted, it contained two provisions in terms of identification. One was that in order to be eligible to receive a ballot and cast a ballot, an individual would have to either show one government issued photo identified piece of identification such as a driver's licence or provide two pieces of identification that Elections Canada had prescribed, one of which would have the residential address on it and both of which would have the voter's name on it. Those two then would suffice and the individual would be able to receive a ballot.

Also, I want to inform all members of the House and all Canadians who may be watching that if people did not have proper identification, they still had the ability to get a ballot and cast a ballot by way of vouching. This quite simply was if someone came to a polling station and said “I live here, I am a resident of this riding, I want to vote and I would like a ballot”, but they did not have proper identification in one of the two prescribed forms that I just identified, they could get someone to vouch for them.

In other words, someone who was eligible to vote, who had proper identification and who lived in the same polling division would be able to say to the returning officer, “Yes, I know this person. This is the person who is who he says he is and he lives in this riding”. In that fashion that individual, without identification, would be able to cast a ballot.

We thought that this was an appropriate piece of legislation. It would sort of cover off all of the bases. It would ensure that there was integrity in the voting system, but at the same time it would place some requirements on voters to actually produce identification ensuring that the integrity within the voting system was paramount.

We debated this. We brought in witnesses. All committee members examined this bill very rigorously. We had officials from Elections Canada come in. We eventually passed this through committee I believe on June 20, 2007. It was later given rapid royal assent, which is unusual with some pieces of legislation in the Senate. I believe it received royal assent on June 22, 2007.

The reason we wanted to get this bill passed as quickly as we could, even though we gave it due diligence and we wanted to make it as expeditious as possible, is because as everyone knows in a minority government situation an election could occur at any time. Also, there were several byelections that were pending. We wanted to ensure that this bill was passed into law before any election took place, whether it be a general election or a byelection.

Recently, in the fall of 2007 there were three byelections in Quebec and this bill was in effect. People were required to produce identification. After the election of the three new members of Parliament, Elections Canada then took a look at how this identification requirement worked and whether it was sufficient.

Lo and behold, Elections Canada found a glitch in the system because the bill contained the phrase “residential address”. In other words, proper identification required someone to produce ID that gave the name and residential address of the voter.

There are many Canadians, approximately a million across Canada, who reside primarily in rural ridings or rural portions of a riding at least, who do not have a “residential address”. They have addresses that are contained in the form of a post office box number or a rural route number or even perhaps a land description. Technically, the way Bill C-31 was worded, those people would be ineligible to vote. Although they had an address, it was not considered to be a residential address.

As soon as the government discovered that we wanted to take rapid action to correct it. Once again we could be on the cusp of a general election. Once again there are several byelections pending. We wanted to ensure that there was no disenfranchised voter in Canada because of this glitch in the legislation that we had passed.

Therefore, we started a very rapid consultation process. I know I personally met with my democratic reform critics from the other parties with a suggested wording and a suggested change to correct this glitch in Bill C-31. We also consulted with Elections Canada.

Basically, what we came up with was a very simple but yet very effective fix to the problem at hand. It is quite simply that anyone who can produce identification at a polling station, name and identification of course, and whose address on their identification was the same as the address on the voters list, regardless of whether it was a residential address or a non-residential address, then that individual would be eligible to vote.

In other words, and I will use myself as an example because I would have been or I am currently I suppose, because this legislation has not yet passed this House, I am one of those disenfranchised voters. I live in a small community in Saskatchewan called Regina Beach. We all have civic addresses. I live at 308 Sunset Drive, yet no one has at home mail delivery. We have post office boxes. So on my identification it says P.O. Box 458, Regina Beach, Saskatchewan. Every single resident of Regina Beach has the same non-residential address, a P.O. box of some fashion and some number.

Under the terms of Bill C-31, since I do not have a residential address I would not be allowed to vote. However, by introducing Bill C-18, which we are speaking on today, the address I have on my identification is the same that appears on the voters list. Therefore, I would be able to get a ballot and vote. It is a very simple and effective fix. We feel this is something that, if all members in this assembly agree, could be passed quickly and I think we should.

Some have argued that it still does not deal with the entire problem and there still may be the odd person here or there who is disenfranchised or potentially could be disenfranchised. For example, if he or she moves into a community and does not have proper identification because the election was held within days of moving to a new location, the individual does not have a new driver's licence or any other identification that shows his or her new residential or non-residential address.

However, we still have the ability, as in Bill C-31, to vouch for individuals. If people are able to provide another person who is an eligible voter to vouch for them, they would be able to cast a ballot. I would suggest that in rural Canada this probably would be easier to do than it would be in urban Canada.

Let me explain. In urban Canada or larger cities, people come and go as houses are sold and new residents move in. It has been my experience that a lot of people in the larger cities do not know their neighbours well. Some do, but in many cases they are very insulated. They have a cocoon-like mentality. They go home at night, lock their doors and do not really notice what is happening around them.

Therefore, if voters in urban Canada or in a larger city have just moved into a new neighbourhood and do not have proper identification showing their new residential addresses, they may find it somewhat difficult to have someone vouch for them because their neighbours may not know who they are. That is usually not the case in rural Canada.

I can use my own small town as an example. If someone new moves into our community, it seems that within hours everyone in the community knows it. They know who the person is, where he or she came from, how many children there are and what the person does for a living.

Canada Elections ActGovernment Orders

November 15th, 2007 / 11:45 a.m.


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Bloc

Serge Cardin Bloc Sherbrooke, QC

Mr. Speaker, since this morning, I have felt a light breeze of hysteria blowing on this side of the House. Accordingly, I have decided that I should speak on this bill.

As politicians who have to face the electorate, we always state that the right to vote is not only a right, but should also be an obligation. So it works both ways. From that statement it follows that we must be able to establish the identity of the people who come to vote and to express their democratic choice.

I have heard many comments. They all came back to the fact that one could—at least, that is how it appeared to me—attack some segment of the population. In other words, the comments were discriminatory in some respect, which should not be the case. To exercise the right to vote, one must at least be capable of satisfactorily proving one's identity.

It would, perhaps, be interesting to look at the chronology of the events concerning voting with the face covered. We have gone through a similar situation in Quebec. Let us start at the beginning.

On March 22, 2007 the chief electoral officer of Quebec confirmed that women wearing veils could vote in the provincial election on March 26, even if they refused to uncover their face. Radio program hosts launched a campaign to persuade voters to go and vote with their face covered as a protest against the decision of the chief electoral officer.

On March 23, confronted with a public outcry and the possibility of seeing the election turn into a masked ball, the chief electoral officer of Quebec changed the electoral act: all voters would have to have their face uncovered.

On June 19, the members of the House of Commons adopted Bill C-31 to amend the Canada Elections Act. The bill provides for a photo identification procedure.

On September 6, the Chief Electoral Officer of Canada announced that women wearing veils could vote in the next federal election and in the September 17 byelections in Quebec without being required to uncover their face.

On September 7, the Liberal party, the Conservative party and the Bloc Québécois called on the Chief Electoral Officer to reverse his decision. The Muslim community of Montreal also expressed its disagreement with the new policy. The following day, of course, the New Democratic party reconsidered and demanded that the position of the Chief Electoral Officer be reviewed.

On September 10, at a news conference, Marc Mayrand, the Chief Electoral Officer, stated that he had no intention of using his exceptional power to reverse the situation before the September 17 byelections. On that date, at least four women voted in the byelection in Outremont wearing a burka, to show their disagreement with the Chief Electoral Officer. One man, in a wheelchair, voted wearing a balaclava.

On October 17, in his Speech from the Throne, the Conservative government gave notice of its intention to introduce a bill prohibiting electors from voting with their face covered. On October 23, as we had already announced, the Bloc Québécois introduced a bill to prohibit people from voting with their face veiled. On October 26, the Conservative government came up with a bill to prohibit anyone from voting in an election with his or her face covered.

Of course, the Bloc Québécois supports this bill in principle. However, we feel that there are certain provisions which, while not absurd, will have to be reviewed and probably amended. We are finding that the bill introduced by the government does not fully reflect the principle that all are equal before the law.

Indeed, the bill opens the door to violations of the principle of equality between men and women. The first five clauses of Bill C-6 were included to allow deputy returning officers and poll clerks to delegate their powers to another individual. This means that a male deputy returning officer could accommodate a female voter by designating a woman in front of whom she could uncover her face to confirm her identity.

The Bloc Québécois feels that this is unacceptable. We will, of course, support the bill at second reading, but we will demand that the first five clauses be repealed.

The bill also includes some exceptions. For example, a person who must keep his or her face covered for medical reasons could still vote by providing two authorized pieces of identification and by taking an oath. Bill C-6 also adds new provisions to the act that allow returning officers to appoint additional persons in polling stations, and to also delegate some of their responsibilities.

As I mentioned earlier, I heard some very strange comments, primarily from Liberal members, who said that this is a witch hunt, that we do not have the right to prohibit people from voting with their face covered, and that we were directly targeting a community. In fact, our position is based on the very principle of democracy, on the right to vote, and on the need to make it practically impossible to use someone else's identity.

Not so long ago, it would have been unthinkable for any voter to show up with their face veiled or otherwise covered, preventing their identification. Now, in a specific context where there is much discussion everywhere about reasonable accommodations, a common knee jerk reaction in some people is to often use certain pretexts to find fault with those who wear a veil or cover their faces otherwise. In Roberval, a veiled woman showed up and voted. We are not necessarily talking about a burka here.

This goes to show how the door can be opened for individuals who are probably looking to make a mockery of the whole situation and to demonstrate that it is possible to vote without proper identification.

I was quite surprised by the Liberals' reaction, especially given what the leader of the Liberal Party had said. The Canadian Press quoted him on September 9 as saying, “We disagree with Elections Canada decision and we ask them to revisit their decision. At the end of the day, you must be able to identify yourself when you vote”.

It was the Liberal leader who said that. Later, he stated that, on the one hand, he disagreed with Elections Canada's decision not to reconsider the issue of uncovered faces but that, on the other hand, he might be able to live with the provisions of the existing legislation. This means that, at one time, all political leaders in this House were singing the same tune, saying that identification was necessary to vote.

Several principles guide the Bloc Québécois' position on this issue. As I said earlier, the Bloc Québécois supports the bill. All voters should be equal before the law. I also indicated that, in 2007, the lawmaker amended the Elections Act to tighten the requirements with respect to voter identification. Among other things, Bill C-31, which was passed by the House of Commons in February 2007, no longer allowed people to vouch for more than one elector and required photo ID to be able to vote.

The Bloc Québécois and the other political parties believed that the Elections Act was clear enough and that by requiring voters to prove their identity, it was implicitly requiring them to uncover their faces.

However, because the Chief Electoral Officer refused to use his exceptional power to require that all voters uncover their faces, the Bloc Québécois believes that the act needs to be amended as soon as possible, as we are doing. That is why we introduced our own bill.

We must not forget that groups representing Muslim women assert that they have never asked to be accommodated in this regard. In an interview with Radio-Canada, Asmaa Ibnouzahir of Présence musulmane Montréal said:

These women have been voting for years, and they have never asked for special treatment, even though they know they could. They themselves took the initiative to show their faces, just as they do at customs or the passport office, because they believed it made sense for security reasons. So for them, it is perfectly natural to uncover their faces.

I believe that this quote is enough to put an end to the debate about the requirement to uncover one's face when voting. I therefore ask the Liberal Party to reconsider its position and face facts: in the interests of democracy, people must vote with their faces uncovered.

Canada Elections ActGovernment Orders

November 15th, 2007 / 10:55 a.m.


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Bloc

Bernard Bigras Bloc Rosemont—La Petite-Patrie, QC

Mr. Speaker, it is with great pleasure that I participate today in this debate on Bill C-6, which here and now, in this House, renews the debate on veiled voting.

In these early hours of this debate here in the House of Commons, the whole issue surrounding this bill is a very emotional one. I see that my colleague who spoke this morning and gave a speech filled with emotion is now leaving the House. I can see this is a very emotional issue.

I want to begin by saying that I have a great deal of difficulty, after hearing the first comments by the Liberals, in understanding the Liberal Party's position today in this House. As recently as September 7 of this year, the Liberal Party of Canada was calling for amendments to the act. It called on the Chief Electoral Officer to take action and to reverse the decision he made concerning voting in the byelections that were to take place on September 17 in Quebec. Indeed, it is hard to understand today's statements by the Liberals on this matter, when we heard the leader of the Liberal Party stating the opposite on September 7.

However, the debate here is not new. We must remember that it is part of the debate that has been taking place in Quebec in the context of two recent votes. I think first of the byelection that confirmed the election of Pauline Marois. As it happens, while the issue of veiled women voting was not at the heart of the campaign it certainly was raised during that byelection.

We must also recall that this debate was also raised during the September 17 byelections in Quebec. As a matter of fact, the Chief Electoral Officer of Canada announced that women wearing veils could vote in the next federal election and in the Quebec byelections on September 17 without being required to uncover their faces. The following day, the Conservative Party, the Liberal Party—I emphasize that—and the Bloc Québécois intervened, calling on the Chief Electoral Officer to reverse that decision. Later, naturally after some pussyfooting and hesitation, the leader of the NDP thought better of it and also demanded that the Chief Electoral Officer's opinion be reviewed.

The result is that we are now considering Bill C-6 which seeks to amend the Canada Elections Act to require male and female voters to have uncovered faces when voting or registering to vote.

Of course, the bill before us today includes some exceptions, one of which involves allowing voters to keep their faces covered for health reasons, but only on the condition, of course, that two pieces of identification be presented.

Furthermore, under Bill C-6, certain exceptions would determine under what circumstances—and these are the cases for which the law provides flexibility—a voter must uncover his or her face.

I would remind the House that this kind of debate has already been raised this year, when we amended the Canada Elections Act in order to be able to confirm the identity of voters. As I recall, we thought that the problems raised in the context of the two byelections—especially the one on September 17—had been resolved by that amendment. However, Bill C-31, which we examined clause-by-clause in February 2007, made it mandatory for voters to produce photo identification in order to vote.

Thus, it seemed sufficiently clear that voters were obliged to prove their identity. Fundamentally, that is the spirit of this bill. It is not a racial question, as some members have said here today. Rather, it is a question of verifying the identity of voters. At the time, we thought that amending the Canada Elections Act through Bill C-31 was enough to clarify the situation regarding voter identification.

I would remind the House, however, that the Chief Electoral Officer of Canada refused to use his special authority to require all voters to uncover their faces in order to vote. The Bloc Québécois would like to see that legislation amended as quickly as possible. This is why my hon. colleague from Montmorency—Charlevoix—Haute-Côte-Nord introduced Bill C-465, to amend the Canada Elections Act: in order to ensure that voters vote with their faces uncovered.

I would remind the House that this accommodation, which would allow certain voters to keep their face covered while voting, is not the sort of reasonable accommodation called for by the Muslim community.

I remember that, during an interview on Radio-Canada on September 10, 2007, Ms. Asmaa Ibnouzahir said that Muslim women had decided themselves to take the initiative and unveil their faces because they thought it was a normal thing to do so as a security matter, just as they do at the customs or the passport office. The Muslim community itself, therefore, as represented by Présence musulmane Montréal—an organization that is quite representative of the community—said that these women had been voting for years and had never asked for special treatment, although they knew they had the right to do so.

There is no demand or request for this kind of accommodation, which would mean that women would not need to uncover their face. That is why we need to act as quickly as possible. Is Bill C-6 perfect? No, it is not, but it has the advantage of dealing with the situation in principle, in view of the fact that the Chief Electoral Officer refuses to use his powers under the Elections Act.

What are the imperfections in Bill C-6? We think that it does not abide by the principle of equality between men and women. Under the first five clauses in Bill C-6, deputy returning officers and poll clerks can delegate their powers to another person. Under this provision, a male deputy returning officer could therefore accommodate a female elector by designating a woman before whom the elector could uncover her face to confirm her identity. This is totally unacceptable.

It is as if citizens of Arab or Muslim origin came into my riding office but refused to be served by my assistant because she is a woman. I would tell these people that my assistant is perfectly competent and is there to serve the citizens. There is no possible doubt in this case that the equality of men and women is a basic right. I fail to see why this principle of the basic equality of men and women cannot be upheld in the bill.

I will finish by saying this is clearly an emotional debate. It is a debate that we need, though, because of our responsibility for democracy. We need to find the right balance in our ability to accommodate people. It is important to be able to identify people when they exercise their voting rights. Of course there can be some exceptions for medical reasons, but in general, we should ensure that when a citizen comes to a polling station, he or she must address the deputy returning officers or poll clerks who are there, regardless of whether they are men or women, and identify himself or herself, in accordance with the legislation that we are trying to amend today.

Canada Elections ActGovernment Orders

November 14th, 2007 / 5:25 p.m.


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Liberal

Mauril Bélanger Liberal Ottawa—Vanier, ON

Mr. Speaker, it is a complex question, because if we are indeed headed down the path of requiring all Canadians to visually identify facially, then everyone will need to have photo ID. Since that does not exist on a universal basis, we have to create it. I suspect that it is doable, but at a substantive cost. There are questions any government would have to ask itself. Is it required? Is it necessary? What problem are we trying to solve? Is there a problem of fraud?

I do not know if there is a problem of fraud. We keep being told that there is not and that we have always approached the electoral process on a trust basis. First of all, we trust electors to register. If they are not registered, we trust them to make sure they get registered and are on the list. We trust that once they are on the list they will self-identify, not necessarily doing it visually with photo ID but with an address and so forth.

At times there may have been some loopholes or some perception that progressively there was some abuse, so we tightened it up here and there. We tightened up one thing in Bill C-31, in that there was a belief that on election day in certain ridings, for instance, the number of people registering totally from scratch to be on the electors list and thus vote was growing by leaps and bounds. I have heard that in some ridings as many as 10,000 people registered to vote on election day, through the third method that I have highlighted. So then Parliament tightened it up a bit by saying that an individual can vouch for only one other person, not a whole slew of individuals.

Therefore, if there is a perception that there is some abuse or slippage, yes, Parliament can tighten it and so forth. In this instance, and it has been highlighted by a number of colleagues from all sides, there is no complaint. There was no report of attempted fraud or otherwise. So what is the problem we are trying to solve here? I do not know. I suspect it is in the perception and the perception that has been given to this. I think that whenever parliamentarians rely on perceptions when they are adjudicating rights, they should be very careful.

Canada Elections ActGovernment Orders

November 14th, 2007 / 5:20 p.m.


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Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

Mr. Speaker, we are all interested in maintaining the integrity and credibility of the voting process. Those were the minister's words when he introduced the bill. He talked about widely reported cases of people voting while purposely concealing their faces but no apparent cases of fraud. Where is the line between fraud and concealing one's face?

Second, is the real gap not in Bill C-31 not addressing the concomitant result of requiring, in the first instance, a photo ID? In other words, the first option was photo ID, but there was nothing in the legislation that says what someone is supposed to do with that photo ID, unless my friend could enlighten us. It just sort of said implicitly that the photo ID would be compared to the person standing in front of them.

Finally, and very briefly, are we therefore, by the wedge of this bill, leading to a system where photo ID will be the norm even though many people in Canada do not have photo ID?

Canada Elections ActGovernment Orders

November 14th, 2007 / 5 p.m.


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Liberal

Mauril Bélanger Liberal Ottawa—Vanier, ON

Mr. Speaker, I should ask a rhetorical question here, but the first question is, where is the bill coming from? That is important to establish in order to help us answer some of the questions that will come up as we look into this bill.

The bill is not coming from Elections Canada. I have had the pleasure of a briefing from officials at Elections Canada, at my request, and it is quite clear that this bill emanates from the body politic, the government, and not from Elections Canada. That, I believe, is significant in the sense that the government therefore must answer the question that has already been put by my colleague as to whether or not this meets the charter test, whether the government has sought and obtained assurances that the proposed legislation in Bill C-6 does indeed meet the test of the charter. I believe that we might be surprised with that down the road, should Parliament decide to go much further with this legislation, because I am not convinced that it does meet the charter test.

I was also hoping to garner enough support in the House from members where there is goodwill to try to refer this bill to committee before second reading and therefore give ourselves more latitude in looking at the situation.

The representative of the Bloc Québécois who spoke said that his party would certainly consider that favourably. The member for Ottawa Centre indicated he thought the idea had merit and he would seek some direction from his own caucus.

I was hoping that if indeed the three opposition parties are in agreement here, the government would take that into consideration and would allow this bill to proceed to committee before second reading and therefore give our members who are representing each party there more latitude in dealing with a very difficult, complex and delicate situation.

I want to review how it is that Canadians can vote. There are different ways.

First, of course, they can show up at a polling station, and while at the polling station there are three different ways that Canadians can signify who they are and obtain a ballot.

The first way, as we mentioned, is by providing some sort of photo ID issued by government, one of which is a driver's licence. Another could be a passport. Another could be, in some jurisdictions, a health card. However, let it be known that 20% of Canadians do not have a driver's licence and do not necessarily have photo ID with them. Therefore, in its wisdom, Parliament, when it enacted this act in the past, recognized we had to have some flexibility for other ways of self-identification, because facial identification is not accessible to everyone.

The second way that any Canadian who is on the list of electors can use to obtain a ballot and vote is by providing non-photo ID that recognizes who they are and where they live. There is, I believe, a list of 50 or so such possibilities that they can use to identify themselves, not visually, not facially, not with a photo ID, but identify who they are and obtain a ballot.

The third way is go to the polling station, swear a note and be vouched for by another registered elector. All the person needs to provide is his or her name, address and signature. Again the person does not need to provide any photo ID.

There is a fourth way people can vote, which is really broken down into two. Both are called special ballots.

One of those two other ways is a mail-in ballot. At the start of or during a campaign, electors can ask that their ballots be sent to them and they can mail them in. It is usually people from overseas who will do that, but I have known citizens in the riding of Ottawa--Vanier who have exercised their right to vote by mail-in ballot. In those circumstances, they do not need to provide photo ID as well.

The other way is to obtain a special ballot from the returning officer of the riding. People do not even have to show up in person. Someone else can go to the returning officer's office up to six days before the actual polling day, obtain a ballot and go back to the person for whom they are doing that. The person, however, must sign and put the ballot in the sealed envelope and then return it by a specified time.

Essentially, we have created an environment where Canadians have five ways of voting and that is done to ensure Canadians can vote. Of those five ways, only one requires facial identification. The other four do not. That is how it is now and that is how it would remain should Bill C-6 be adopted. It is important that we take that into consideration.

Then we get into what Bill C-6 really does and we heard what it does tonight. It basically forces one very small, narrow category of Canadian citizens to unveil themselves should they be veiled for religious reasons.

Here is where I have a real problem. We have a situation where a Muslim woman, who has decided for religious reasons to wear a veil, goes into a polling station on election day, is forced to remove her veil and yet is not forced to facially identify. She can present two pieces of identification that recognize her name and her address or swear an oath and will not need to present photo ID.

What are we doing here? When my colleague from Ottawa Centre says that we have a solution looking for a problem, I would perhaps add a word to that. It is perhaps a non-solution looking for a problem because we are not changing anything here. However, we are going to force Muslim women to unveil themselves without having them photo identified. What is the point? That is a question that deserves an answer.

I do not have a problem with demanding that Muslim women identify visually. We do so as we do for every Canadian. If we want a passport we must have our picture taken and it must be in our passport. I do not have a problem with that and I do not think Canadians have a problem with that.

If we want a driver's licence, I believe in all jurisdictions in this country, we must have a photo. I know in Ontario we must have a photo if we want a driver's licence, and an unveiled photo if one happens to be a Muslim woman. I do not have a problem with that.

If we want to board a plane in this country we must provide photo ID, unveiled, and we must prove who we are as well. I do not have difficulty with that and I do not think anyone has. It is the same thing for the citizenship card. People must have a photo on it and Muslim women must be unveiled. I do not think anyone has difficulty with that because it is a universal application.

We have a situation here where we have said to all Canadians that they have five different ways of voting but for Muslim women we will be adding a special condition: they must remove their veil. At the same time, we are telling them that they do not need to provide facial proof of who they are. What is the point? That brings us to the questions of charter compliance. We heard comments about that earlier today.

We have had discussions concerning individual rights versus collective rights, and concerning freedom of religion and religious rights in relation to the fundamental right to vote. That is certainly the kind of debate that should take place in a House of Commons or Parliament. I am very interested in this question, and so are most of my hon. colleagues.

However, if the government were to ask me to express my opinion beforehand, without even knowing whether the bill before us meets the requirements of the Charter of Rights and Freedoms, if the government were to ask me to state my position before I even had some answers to some of these questions, in my opinion, the government is going too far, too fast.

This bill involves potential fundamental conflicts between freedom of religion and the right to vote. This must be reconciled and it is up to Parliament to do so. Perhaps we will not be able to do so in this House. Furthermore, I find it rather ironic that, earlier, my hon. colleague from Ottawa Centre, who advocates abolishing the Senate, referred to that very chamber, in order to correct what he saw as a flaw in another bill, that is, Bill C-31, regarding the Canada Elections Act. We could very easily find ourselves in the same situation again.

I find it even more ironic that his party advocates abolishing the house that could in fact help us resolve this matter, if the government does not seem inclined to act appropriately, transparently and respectfully.

I want to use a very personal event. I was not sure I should but I will. I am thinking that what we are confronted with is very similar to an event, which the House may recall, that I was confronted with. In Ottawa at one point we had the merger of hospitals. The board, in its wisdom, hired someone who it believed to be the most competent person to help it navigate through the merger of a number of hospitals.

The board hired a gentleman who had essentially shepherded hospitals in the Montreal area in the same kind of environment, which is very difficult. People are suffering through a great deal of uncertainty. There are all kinds of questions. There may be people who fear for their jobs. Therefore, it is a tense environment to start with.

This gentleman happened to be David Levine who had been in the past a Parti Québécois candidate in the riding of D'Arcy McGee. He garnered, I gather, a very low number of votes, but that is neither here nor there.

However, we were confronted with a situation where a gentleman who had been hired was being threatened of being fired for political beliefs although he had accepted squarely to leave whatever political beliefs he held at the door. They were not germane to the job he was hired to do. It was a very heated debate in our community, so much so that the board thought it should hold a special meeting and it did. It chose the biggest hall it had at the hospital and still people spilled over to the street.

I chose to go and speak. Some of my friends told me that I was nuts and that I would be confronted. It was a bit mobbish but I felt it was important that the principle in this country that we do not hire and fire people based on their political beliefs if they leave those beliefs at the door. If we are hiring people for their competence and for their capacity, that is what they should be judged on, not because they may have run for a political party that we do not agree with.

I certainly have never shared the views of the Parti Québécois in terms of its basic tenet or the Bloc for that matter, but we cannot fire people. That was the slipperiest slope we could get on.

I have the feeling that the bill that is before us has such elements because of a rather volatile reaction to Mr. Myrand's decision to apply the law as he chose to. In the rush to condemn or criticize, perhaps some people have forgotten but what is at play here is the fundamental right of freedom of religion and the fundamental right of freedom to vote and people should be treated the same.

I know people tell me that all they are asking for is that all people who come to vote unveil themselves if they happen to wear a veil.

That is not quite true. One can vote by correspondence, vote by mail where one does not ever have to identify oneself visually. It is not quite true because one can vote by special ballot where someone else gets the ballot for the person and brings it back to the returning officer's office, so one ever needs to visually identity.

It is not quite true because right now someone else could show up and not have to prove who they are with visual identification, even the Muslim women whose veils we have forced them to remove because there are two other provisions that allow people to vote in this country without facial identification.

Do we want to go to that? Perhaps the country needs to look at that. I, too, have observed elections. I was in the Congo.

Last summer, I was in the Democratic Republic of the Congo, where I noticed that something that contributed to the legitimate success of the electoral process was the voter's photo ID card. Everyone had one, so it was easy. Voters also had to dip their thumb in indelible ink. There were mechanisms to make sure the vote was legitimate, that people voted only once and that the person who was voting was the person on the voter's list. Do we want to move toward that sort of system? Perhaps. In my opinion, there is some merit to it.

However, we have to recognize that today, in Canada, we do not have a universal photo ID card. Moreover, 20% of Canadians do not have a driver's licence, and an even larger percentage do not have a passport.

Two jurisdictions have a photo on their health cards. The process is still under way in Ontario, but in some provinces, people do not have their photo on their health card. In addition, they do not have their address on their citizenship card or their photo on their social insurance card. Canadians therefore have no photo ID card they can use to exercise their right to vote. That is why voters are not required to visually identify themselves by showing a photo of their face.

Why require people to uncover their face when they are not required to identify themselves in this way? It is strikingly incongruous. We are entitled to ask what is behind this bill.

What motivates a government—because the bill comes from the government and not Elections Canada—to target a group and tell the members of that group that the government no longer believes in their right to religious freedom and is requiring women to uncover their faces?

The government can impose that requirement. I comply with that requirement for passports, for boarding planes and the like. However, there is an inconsistency. When we take a plane, we have to prove our identity. If we do not, we do not board. If we want a passport, we have to identify ourselves with our face uncovered or we do not get a passport. As far as voting is concerned, we are forcing these women to show their faces, but visual identification is not required. This is does not make sense. This is totally illogical. We are not being consistent.

I hope we will take a serious look at this bill because it was thrust into the heat of a possibly non-existent crisis. As the hon. member for Ottawa Centre said, it is a solution looking for a problem; in my opinion, it is a non-solution looking for a non-problem.

As legislators of a country like Canada, which espouses human rights and has a Charter of Rights and Freedoms, we have to be consistent and respect our social foundations, which are the envy of the entire world.

If we are inconsistent we will destroy those foundations and those rights. We must be very, very careful because the bill before us is inconsistent with those rights, it is inconsistent with the purpose of the Canada Elections Act. There is a lot to think about.

I may have used up all my time, but it was important to raise these arguments and questions. I know that I am not the only one who has these questions. We have seen these questions raised in the media. Good for them. We have seen that concerns have been raised within the targeted group. I think we need to pay attention to those concerns.

Canada Elections ActGovernment Orders

November 14th, 2007 / 4:55 p.m.


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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, anything that could improve a flawed bill, going back to Bill C-31 and this band-aid that we have, would be welcome. Any idea that could further consultations and recommendations for improvement would be welcome.

I would simply point out that we go to our respective caucuses to talk about processes like this. I will certainly not stand here and tell the member exactly how we will go forward on that. However, it is an idea and it is not a bad idea. I will leave it to our respective parties to look at that idea and to moving it forward.

Canada Elections ActGovernment Orders

November 14th, 2007 / 4:55 p.m.


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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I would like to clarify. I believe this is a solution looking for a problem. When we look at Bill C-31 and go back in time to see how many instances there were of concerns around voter fraud, what was the evidence? It was minuscule. Would my friend be able to say to his constituents with a straight face that we came up with this great law, Bill C-31, because we had this horrible, huge problem we had to deal with?

We should look at all the other problems we have before us. As I have said many times, why do we not deal with enumeration? We should make sure that we have universal enumeration, clean up the voters list, get envelopes for those voter cards that the member's colleague was so concerned about, and do some common sense things.

When I talk to people, they ask why for goodness' sake are we debating these kinds of bills and not cleaning up the voters list and not ensuring that we have a proper registry. That is what they want to see.

I have to say on the issue of target, I am not saying that is what we are doing. I am saying that is how people feel, after consulting them. We need to do more of that. I say consult and consult, and after we have done that, consult a bit more, because this is too--

Canada Elections ActGovernment Orders

November 14th, 2007 / 4:50 p.m.


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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I have been clear about the whole bill. I am sad to say that the Liberal Party supported Bill C-31 at the beginning and I did not quite understand that, but it is never too late to show one's opposition.

If we look at how we got here, it was a solution looking for a problem from the very beginning. If we are making laws, they should be evidence based. As I said, there were more problems with candidate fraud than voter fraud. Instead of bringing in a law like this one, we should have had a law on floor crossing and people switching parties. That is more important to everyday people than this bill is, which has turned into a Frankenstein that the government is trying to put to rest and is having problems with it.

On the issue itself, I think that this is the government's latest attempt, and it has other bills coming forward on rural voting gone amok.

With regard to the charter, I mentioned that in my comments. If we looked at section 15, we might have some problems with the charter. I am hoping the government did its homework on that this time, but I guess it will be our job to hold the government to account, and quite frankly, that is what people pay us to do. That is what I will be doing.

Canada Elections ActGovernment Orders

November 14th, 2007 / 4:30 p.m.


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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, normally I rise and say it is an honour and pleasure to speak to a bill. Sad to say, it is not in this case and I will explain briefly why that is and then get into the essence of the bill.

The reason that I have problems with this bill is because of the politics behind the bill. What we see here is a bill, whether or not it is the intent of the government or for that matter members of the Bloc, that targets a specific group, that is certainly how it feels to a lot of people.

We have heard that from people most recently at the procedure and House affairs committee. I know that the government has referenced the committee hearings as having heard from members of the Muslim community. The fact that we are focusing on this issue, notwithstanding the government's premise that this is to deal with integrity in voting, is to deal with how people feel because they feel as if they are being targeted and I can understand why.

It is important to understand how we got here. The House should recall that this is really a band-aid for a problem that existed with Bill C-31 which is now legislation. At the time, our party voted against it. We tried to fix the bill at committee. Sadly it did not get the support of other parties.

However, let us go over the tenets of Bill C-31. The tenets of Bill C-31 came out of a committee report which I think was part of the Conservative Party playbook. It was to take a committee report, cherry-pick it, and bring forward legislation, swiftly I might add and not very well written, so that the Conservatives can get their agenda put forward using the committee as cover.

I invite anyone to read the debate on Bill C-31 at procedure and House affairs committee. This was a wide-ranging report by the committee, cherry-picked with a response for the government very quickly, and a bill following within a week or two to repair a problem. The best way to put this is that this was a solution looking for a problem and that is what has happened with Bill C-31.

I mentioned many times when speaking on Bill C-31 that there was a problem with privacy. We had the problem with birthdates being put on the voters lists which would be in the hands of DROs across the land. Think of 308 ridings with hundreds of polling stations with the birthdate information of voters. However, to make matters worse, we had an amendment at committee by the Bloc and the Liberals to have that information shared with all political parties, if one can imagine that.

This was at a time when I was asking for the committee to hear from the Privacy Commissioner because I thought this was obviously an issue of privacy that we should hear from her on this. At the committee stage, I voted against this strongly. There was support at the time by the government, but when it went to the House Conservatives lost their courage, supported the other parties, and the amendment to have birthdate information included in the bill was voted and supported by all parties except for ours.

It is interesting to note that during the debates on Bill C-31 I said many times we needed to hear from more witnesses. I asked that the Privacy Commissioner come before committee. I believed it was incredibly important that we hear from the Privacy Commissioner on the issue of birthdate information being shared. The premise of course was that Elections Canada would have the date and year of birth of everyday people, and that somehow this would be a measure to ensure that the voter who was presenting himself or herself was in fact that person.

The problem with that premise was the verification number in the bill for citizens to provide photo ID. If they do not have photo ID, they need other ID that is acceptable. If they do not have that, they have to swear an oath, et cetera. This says that the government, through the bill, does not trust Canadians. We have to ask ourselves, what is the premise of the bill?

If we believe the government, the premise of the bill was the possibility of voter fraud, and I underline possibility. I asked the Chief Electoral Officer at committee whether there was rampant voter fraud. There were four cases in the last three elections that might have potentially been voter fraud and these cases were being looked into.

I said at that time, and I want to submit here, that there were more problems with candidate fraud than voter fraud. Candidate fraud is when a candidate presents himself in an election as being with the Liberal Party and then after that election, transforms himself into a Conservative. We have seen floor crossings. We have seen candidate fraud. This is of more concern to my constituents than so-called voter fraud.

What we have here is a false premise. The government got itself into this muck based on a bill that we did not need. We had the problems around privacy with respect to birth date information. We heard testimony at committee from those who advocated for the homeless, for first nations and aboriginal people and for students. They asked us not to let the bill go through without amending it so the people they represented would not be disenfranchised.

Unfortunately, the government and some of the opposition did not support amendments that would have allowed people to have a statutory declaration swearing who they were and then be able to vote. I believe that would have been the sensible way to go. It would have been good public policy, but that did not happen.

The bill went through and now we have the problem with birth date information. It was dealt with somewhat at the other place. We now have the potential problem of people not presenting themselves in a way the government believes is proper comportment.

We of course have a problem with voters' lists. My friend from the Bloc said that voter registration cards were ubiquitous and all over the place. A proposal was made at committee, which would have employed the incredible new technology called an envelope. A voter card would be put in an addressed envelope and sent to the voter. If it was not taken by the household to which it was addressed, it would be returned to sender. I believe this is done now in Ontario. This should have been done first before we started tinkering with people's privacy and the likes of Bill C-31.

We see a huge concern with respect to folks in rural Canada and the voters' list. We proposed universal enumeration for universal suffrage. People would go door to door to ensure the accuracy of the voters' list. We all have encountered problems with centralized voters' lists. It requires an overhaul. It requires having men and women doing door to door enumeration so we can have a more accurate voters' list.

The envelopes and the enumeration should have been done first before we got into the likes of Bill C-31. I am sure members sitting around the cabinet table are asking themselves why in heaven's name they got involved in this. It probably seemed like a good idea at the time because they felt they could crack down on voter fraud. It is like cracking down on some other issues that the government likes to talk about, but in the end perhaps creates more problems.

On the bill itself, I think we have to look to the most recent committee testimony when we met in September. I was there. I have listened carefully to the Bloc talk about Morocco. The member was actually referencing my comments. I had just returned from Morocco and witnessed the elections there.

For the record, I want to clear up what he is interpreting happened in Morocco. He was quite right that the Moroccans do not have a problem. He should also know that laws such as this are not required. It is simple common sense. When women present themselves, they are able to vote. In a respectful manner they are asked to visually identify and then they are given ballots. I witnessed that. I believe it is something from which we can learn. He was wrong to interpret this and say that there was a law in place and that there was legislative oversight.

We do have to be careful that when we deal with legislation, it does not have unintended consequences. I have already outlined some of the unintended consequences, or hopefully they are unintended, that Bill C-31 presents. However, what we have to look at is does this legislation target a specific group and do we believe it is charter proof?

What I mean by that, and it was already mentioned by a member from the Liberal Party, is this. The first question we need to ask is, does this comply with the charter? This is incredibly important. I said this at committee regarding Bill C-31. I believe it will be struck down for reasons that I have mentioned about the homeless, aboriginal people and students being able to vote. I think it is being challenged as we speak. Presently the way this legislation is written, I believe there could be a charter challenge. We first need to ask if the bill will be charter proof.

We have agreed that electors under the Canada Elections Act should require voters to be identified. However, we will not give a blank cheque to the government to pass laws such as this that seemingly, maybe for unintended reasons, will target a group and will be challenged under the charter. That is very important.

I also need to underline the role of the Chief Electoral Officer. I was at the committee when the Chief Electoral Officer made his argument. He said that the way the legislation was written at the time he could not do what he was being asked to do, notwithstanding the motion. I was there and we all supported it that motion.

At that time, I said we could support the motion, but, and I said very this very clearly, it had absolutely no efficacy. It meant absolutely nothing. However, I said that if it made people feel like they were actually achieving something, good for them. It was clear at the end of the day that the Chief Electoral Officer would interpret the legislation the way he did, and that a committee would not tell an officer of Parliament how to direct himself. He had done his homework, but we had not done ours, and that is the problem with Bill C-31. The bill we have in front of us is an attempt to clean that up.

I underline the fact that the Chief Electoral Officer was doing his job. We need to do our job better. That means we have to be much more diligent, especially when we are changing the Canada Elections Act. In fact, it is the same for any legislation.

If we think about it, the foundation of our democracy is allowing people their franchise. What seems to be happening is we seem to be going backwards. As opposed to opening up ways for people to vote, we seem to be putting up barriers. As I said, maybe they are unintended, but the end result seems that we are putting up more barriers rather than opening up pathways.

At committee, the Chief Electoral Officer said:

I also wish to remind you that last Monday, I asked election officials to invite anyone whose face is concealed to uncover it in a manner that is respectful of their beliefs. If they decline to do so, voters must take an oath as to their qualification as an elector in order to be eligible to vote. However, I have not amended the Act to require them to uncover their face. Again, the choice continues to be up to the individual.

It was very clear how the Chief Electoral Officer interpreted the legislation.

We have in front of us now legislation that essentially tries to make up for the fact that we created a problem. We did not create a solution. As I said before, it is a solution looking for a problem.

If we look at the bill and how it is outlined right now, it requires a lot of oversight, but the most substantive thing it requires is actual consultation. In my questions to the Minister of Transport, Infrastructure and Communities I asked what kind of consultation had happened since we were in front of the procedure and House affairs committee in September and to the writing of legislation. He assured me there was a lot of consultation.

Last week I spent time consulting with Canadians who are affected and concerned by the bill. They are deeply concerned about the direction and the perception they have of the bill separating and targeting people.

I will share my question to the Chief Electoral Officer at committee when we met in September on this issue. The meeting was to be about election financing and it turned into a meeting about this issue.

When I asked Mr. Mayrand if he knew of any cases of voter fraud when women wore veils, he answered none, zero in the history of our country. I also asked members of the Muslim community at committee if they had any issues about complying with what Mr. Mayrand had already indicated, and that was when people presented themselves, they would be asked to give visual identification. None of them said that there was a problem.

I consulted people from the community last week. I asked them if there had been a problem of having to present themselves and give visual identification. Again, there was no problem.

Therefore, we have to ask ourselves what is the problem. I go back to this. It is a solution looking for a problem. Bill C-31 was. This bill seems, maybe unintended, to be going down a path that is going to divide people and perhaps be a charter challenge. There might be a problem constitutionally.

We need to do what was not done before, and that is for the government, and for that matter Parliament, to do their homework and consult with Canadians before we write bills like this and while we are in the midst of debating bills.

The bill was rushed through quickly. That is how I began my comments and I will end them on this note. We must take the time to write legislation well and consult often. When we believe we have consulted enough, we should consult more.

Canadians want to not only be seen to be heard, but to actually be heard. Parliament dropped the ball on Bill C-31. We believed it was a bad bill. That is why we voted against it and tried to change it, sadly without the support of other parties.

In this case, we need to ensure the ball is not dropped again by consulting widely. We need to ensure that voices are heard. Let us stop dividing people on an issue like the representation of people when they come to vote. Let us absolutely listen to the voices of the people who will be affected by this.

Canada Elections ActGovernment Orders

November 14th, 2007 / 4:10 p.m.


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Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

Mr. Speaker, I am very sorry to be the cause of the member's frustration.

I would say to him that this is very bad legislation. I am not sure it can be cured by going to committee. I have looked at it. If it was amended, it might have so many holes in it, it might not be a bill. In legal terms, what that means is that amendments may be beyond the scope of the bill.

The point is that we will either have visual facial identification of every voter in this country who wants to vote, or we will have it for no voters. That is the issue. I do not know where or when that will be dealt with.

Bill C-31 has other issues. If a special committee is struck for the rural voters issue, I would be quite pleased to discuss that issue at committee because it can be saved. This bill does not reply to a problem.

Canada Elections ActGovernment Orders

November 14th, 2007 / 4 p.m.


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Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

Mr. Speaker, the hon. member may realize that sitting where I do in this place I do not speak for the party in general, but I will submit to him my view, which is that this bill is flawed. This bill may not stand up to a constitutional challenge. This bill has human rights implications. I would like to see satisfaction on all of those points. I would like to see an opinion, or even hear of an opinion, or hear whether there was even an opinion asked for from the Department of Justice lawyers with respect to charter compliance. That I would like to know.

I do not think the hon. member could supply me with that today, because I doubt that he in fact has it. It does not sound like the pumpkin-on-the-head response from the Minister of Transport, which would lead me to believe that the government is not taking this bill very seriously from a constitutional point of view. It seems to me that it is acting politically expediently. It is also, I suggest, being somewhat flippant in comparing the real issues of voter identification as canvassed at length by the Bill C-31 committee by making a comment from the frontbench that there was someone arriving with a pumpkin on his head during the recent byelections in Quebec.

I would sit through committees, as would all of us, to find out whether the Minister of Transport will make good on his complaint that people arrived with pumpkins on their heads during the recent byelections in Quebec. I would agree to sitting down and hearing from any minister in the front benches.

Charter compliance and human rights compliance: these are things we must know. Most of the time we are making serious laws in this place. This seems to be a knee-jerk reaction, politically targeted, for no good reason but politics.

Canada Elections ActGovernment Orders

November 14th, 2007 / 3:40 p.m.


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Liberal

Brian Murphy Liberal Moncton—Riverview—Dieppe, NB

Mr. Speaker, it is my pleasure to rise for this side of the House and discuss Bill C-6.

I was quite taken aback by the previous speaker's comment about a punitive voter arriving at the polls with a pumpkin on his head. I had not read that and I wondered if the hon. minister had made a complaint to Elections Canada about that or whether, in fact, any complaints were made to Elections Canada. I can only assume that the comment about the pumpkin on the head of the punitive voter was intended to make light of a very grave situation. It shocks me that the government and ministers of the government, people in the first rows, not even people in the back rows on the other side, would take such a very important issue so lightly.

I stand to be corrected if there actually was a voter who arrived at the polls with a pumpkin on his head, and I see that as a complaint from the hon. minister who may have witnessed it, then I will eat all of the words I just said, including the pumpkin.

Bill C-6 attempts to solve a problem that I submit does not exist. It is rather like that pumpkin on the head, which I presume is a problem that does not exist. What we have is a situation where a major political response is taking hold within the government benches.

The primary question that I hope in my brief remarks might be addressed is: Does Canada really have a problem identifying voters? I will get into the background about Bill C-31, which was studied indepth by a very capable committee of all parties and which, presumably, dealt with these issues and attempted to solve them.

The other issue that I want to keep in mind while discussing this issue is that voters who cast their ballots by mail do not, obviously, show their faces. Is there a different standard for someone who is an absentee ballot holder compared to someone who makes the effort to go to the polls to vote? This is a very important question when we discuss the overall scope of voter identification.

Bill C-31 was not perfect. It was the first stab at having people, who present themselves at the returning office, identify themselves in some manner, through some form of identification.

As we know from a sister bill, there are very serious problems being addressed with respect to addresses for rural voters. We have had information on our side that this may not only affect rural voters but that it affects many voters across Canada. That is a serious bill to address a serious problem.

This bill, on the other hand, does not seem to address an existing problem. The rural voters bill, which we will debate at another time in this place, addresses a real issue that has resulted from complaints from people who feel they will be disenfranchised and, upon examination, it seems pretty clear might very well be. The numbers are in the hundreds of thousands across the country and in some ridings it is particularly high, especially in rural ridings in western Canada. That seems to be a real problem.

In this case, we have a situation where no complaint was ever filed to Elections Canada about allegations that during recent byelections in the province of Quebec this was an issue.

I will get into much more substantive issues with respect to our Charter of Rights, which is enjoying its 25th anniversary. That is not spoken of very much by members on the government side. I wish I had a chance to ask the minister, although not the Minister of Justice responsible for charter compliance nor the Minister for Democratic Reform introducing the bill, whether Bill C-6 complies with the charter. All members of the House know that every bill that a responsible government, new or old, brings to the House must be certified as to pass charter compliance.

At first glance, members may think that a roads bill or a bridges bill might not have any charter implications, and they may well not, but when we are dealing with something as quintessential as one's right to vote, which the Canada Elections Act in general deals with, the first thing that should go off in any responsible government is whether it complies with the charter and whether we have an opinion to that effect.

I wish I had the chance to ask a minister whether an opinion was tabled. We do not need to see the opinion but we need assurance from the front benches or any bench in fact that the government has sought and received charter compliance with the bill.

Let us get back to the root of the complaint. From the time of Bill C-31 from the last session, there was a movement to improve the integrity of the voting system. That was the background and the intention of all the hearings on Bill C-31 and the subsequent amendments. What Bill C-31, as amended, did not do was require veiled women to remove their face coverings for voting.

The flap that occurred in practice was during the byelections in Quebec and it was over the strict interpretation by the chief electoral officer, Marc Mayrand, of the bill as amended. He said that the wording did not require veiled voters to reveal their faces at polling stations. Therefore, he said, which is the reason we are here I guess, that either we amend the act of Parliament or we should let him do his job.

The Conservative government is bent on attacking Elections Canada and it is doing so in the courts. It puts the Elections Canada official to an ultimatum of whether “you require an amendment or let me do my job”, the government does the amendment. There is no record of a complaint to Elections Canada about the issues arising or allegedly arising. The Minister of Transport, Infrastructure and Communities was very clear in his remarks. He participated widely and energetically in the byelections in Quebec and apparently witnessed problems. However, I guess he did not have the follow-through courage to effect complaints through the official channels, which would be a complaint to Elections Canada. He did not do that. No one did that. There are no complaints arising from the incidents that were of such widespread and common occurrence according to the government so as to cause us to be sitting here as a priority debating Bill C-6.

I am not suggesting it directly but it may have been the work of the government to create at the time a political crisis to cover other issues involving election campaign financing that the government felt some heat about at the time.

The bill, as presented, is intended, as I understand it from the framers, to explicitly state what they thought Bill C-31 implicitly said.

Mr. Speaker, you are learned in the law and members of the House pass laws and should examine laws. Laws are meant to be interpreted for what they say and not to be guessed at about what they might say. What we have is a situation where the chief elector officer read the law very carefully and did not require people to show their faces. There were no complaints. The question remains: why are we here?

I think we are here because it is seen as politically efficacious for the government to support such a bill. It seems, however, that this bill is targeted at a very specific population. It seems that this bill is attempting to target a group of people who deserve, as much as anyone here, the protection of the Charter of Rights and Freedoms. It seems that this small group also needs the protection of human rights legislation, perhaps more than every member in this House.

Now, the anomaly, as I mentioned, is that a person who has been through a trauma and has his or her face bandaged, or a person, frankly, who wishes to have an absentee ballot, can vote without making visual, that is, facial, identification necessary. In fact, we do not even have to go that far. I submit that the effect of option two from Elections Canada's methods of voting puts into play the fact that one can show up at the ballot box or the place to vote and not show one's face.

That seems a little difficult for people to understand, but I will explain. Option one for voting is to provide one original piece of identification issued by a government or a government agency and containing the person's photo. It is one piece of identification. In the province of New Brunswick, that would be a driver's licence. The person shows up at the voting station, shows a picture ID driver's licence and is able to vote.

It is not written in the law. This is where we get into explicit and implicit. It is not written in the law, but it is the practice of Elections Canada, I assume--but it is not in the law--for officials to look at the photograph as submitted and compare it to the person who is before the officials. However, nothing is written in that respect. One presumes, then, that facial visual identification of the voter is required when a person submits the driver's licence with the photo on it.

However, option two is where I say a person does not necessarily have to be visually identified. In that situation, a person could show up with two original pieces of identification authorized by the Chief Electoral Officer of Canada. Both pieces must contain the person's name. One must also contain the person's residential address. There is a long list of what those cards might be, but let us say that they might be the hydro bill as the second piece and the first piece might be the person's social insurance card.

If a person submits those two pieces of information, which do not have the person's photo on them, I submit to members that no one is required under the second option to submit to visual identification. It does not matter what they look like or what colour their eyes are or whether they have eyelashes or not, or for that matter if they have a pumpkin on their head, they are not going to be examined against any standard because two pieces of identification do not have a photo.

The third option, which was sought as an improvement under Bill C-31, was for the potential voter to swear an oath and be vouched for by a registered elector who is on the list of electors. That seems to work very well.

However, we can see that the intention of the parties, the committees and the people who did all of this work on Bill C-31 does not seem to have been put into effect perfectly, specifically as we speak about rural addresses being at odds with the list and, I would submit, secondly, on how we find ourselves here discussing Bill C-6.

Bill C-31 received royal assent on June 22, 2007. It amended the Elections Act to require all voters to prove their identity and residence before voting, with no mention whatsoever of having to show one's face. It is not in the act. It seems to me that if we were to right things, if it is now a requirement that to vote, everyone, including members of this Parliament, would have to show his or her face to vote. and I have just indicated that by absentee ballots or by the submission of the two pieces of identification they do not have to. So why is it now that if I have two pieces of non-photo ID I can vote, but a person who wears a veil for religious reasons must show her face to vote?

Leading into the second arm of my argument, is that not then in violation of the basic right of being treated equally under the law? The charter of rights has a number of profound and entrenched articles respecting people's rights and one of them is to be treated equally under the law.

I submit that this is targeted legislation taking away that equality. That is why it is essential for us to know this, perhaps down the road at committee if this is where this bill ends up. That should be among the first round of questions for the Minister for Democratic Reform, or whoever he sends there that day, to satisfy the committee members as to whether in fact this bill is charter compliant.

What would be the political, social or societal basis for the government bringing forth such a bill? It might be because the government received news from certain community spokespersons that it is okay, that people who wear veils for religious reasons generally remove them for voting purposes anyway. That could be the spokesman on one day.

What we know is that there are people who say different things regarding the requirement for one small group in our community to do something different from what we--the majority, I might add, or just members of Parliament in general--do when we present ourselves to vote. There are political underpinnings for this bill. Frankly, everything that comes from this government is political. Everything is a knee-jerk reaction. Everything is targeted. Everything is intended to divide a country and a segment of a population. That is what the government does.

In that regard, this bill might be quite successful. The government should laud itself for promulgating yet another bill that divides, that targets groups and creates havoc, but what we should be concerned with here in this place is creating laws that are constitutional, legal and non-discriminatory.

The reason I say the government is politically and societally wrong is that it may have relied on the spokesman du jour when this was introduced and it may find that there are in fact other stakeholders who do not agree with its rationale. I might in fact quote items from the Montreal Gazette of September 10.

One comment is from Mr. Elmasry. The item states:

“We don't want to force anybody to change their religious inclination and beliefs”, he explained, pointing out that it is also important for women from religious minorities to vote. “At the same time, there is a certain level of integrity in the election process that we must maintain”.

Those are truisms. Those are things that we stand for.

Later in the Montreal Gazette article, there is a quote from Alia Hogben of the Canadian Council of Muslim Woman. If this is a targeted piece of legislation, and the target group are Muslim women, do we not take the high road in respecting those persons' rights? Do we not take the high road and stand up when it may not be politically expedient and say that this is bad, divisive, charter non-compliant and discriminatory legislation? Do we not take the high road in saying that?

The quote from Alia Hogben, which I will close with, is as follows:

For us, the sad thing is it's always focusing on Muslims and as far as I know it wasn't a request made by Muslims. It probably came up [from] Elections Canada--with good intentions, thinking they would try to accommodate people--but I don't think it's necessary.

Tempest, teapot: we can use the word we wish. We do not think this bill creates a solution, because there is no real problem.

Canada Elections ActGovernment Orders

November 14th, 2007 / 3:35 p.m.


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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, we actually opposed Bill C-31 in committee because we did not see the problem that, I guess, the government and other parties saw. The remedy certainly was problematic. In fact, this is a solution that seems to be looking for a problem at this point.

Did the government consult, beyond what the committee heard most recently in September, any other stakeholders in the time period since the procedure and House affairs committee met? Has it consulted various diverse communities and, if it did, what was the feedback on this bill?

Canada Elections ActGovernment Orders

November 14th, 2007 / 3:15 p.m.


See context

Pontiac Québec

Conservative

Lawrence Cannon ConservativeMinister of Transport

moved that Bill C-6, An Act to amend the Canada Elections Act (visual identification of voters), be read the second time and referred to a committee.

Mr. Speaker, I rise today to lead off the debate on Bill C-6, An Act to amend the Canada Elections Act (visual identification of voters). Everywhere in the western world, governments are taking measures to improve the integrity of democratic processes by trying to prevent voter fraud. Canada is no exception.

After the tabling, in June 2006, of the 13th report of the Standing Committee on Procedure and House Affairs, which was adopted by all parties, the government introduced Bill C-31, which followed through on several recommendations contained in that report. While a good number of changes were made thanks to that piece of legislation, the bill before us today deals with changes to the voter identification requirements.

Before Bill C-31 was passed, electors could simply go to a polling station with their voter card and vote. Today, for the first time, electors will have to prove their identity and residence before they can vote. They can do so in three different ways. First, they can present a valid identification card with their photo, name and address. Second, if an elector does not have photo identification they could present two other pieces of identification approved by the Chief Electoral Officer that verify their identity and residence. Third, if an elector does not have proof of identification, they could swear an oath and use a voucher.

After Bill C-31 received royal assent on June 22, 2007, the Chief Electoral Officer decided that these changes would be implemented in time for the byelection in Quebec on September 17, 2007. Albeit quick, this decision was not surprising. It was the Chief Electoral Officer's interpretation of the legislation that surprised the government. Even though the legislation clearly states that electors must prove their identity before they can vote, according to the Chief Electoral Officer, they can vote with their face covered.

Not only is it illogical for a person to be able to prove their identity if their face is covered, but this decision also makes no sense and has many people perplexed. The government was of the opinion that this interpretation of the legislation did not take into account the will and clear intentions of the Parliament of Canada and asked the Chief Electoral Officer to review his decision. The government was not alone in that view. The four political parties of the House of Commons disagreed with the Chief Electoral Officer's interpretation and, in September, unanimously passed a motion in the Standing Committee on Procedure and House Affairs calling on him to review his decision.

Nonetheless, the Chief Electoral Officer has refused to respect the will and intentions of Parliament. On the day of the byelection on September 17, we saw the consequences of that decision. In several locations in Quebec, people deliberately covered their face for no reason. One person even voted with a pumpkin on his head. As a result, the public has called into question the credibility and integrity of the electoral process.

The government cannot stand by and let this happen. A democratic country must maintain public trust in the electoral system. In order to maintain this trust, to ensure that the government's will and intentions are respected and to prevent this from happening again, the government made a firm commitment to make the necessary legislative changes.

We reiterated this commitment in the Speech from the Throne in October 2007, when we stated “—the integrity of our federal voting system will be further strengthened through measures to confirm the visual identification of voters.”

I am pleased to say that we honoured this commitment on Friday, October 26, with the introduction of Bill C-6, which we are debating today.

The bill provides for the simple requirement that electors show their face before being allowed to vote. This legislation will strengthen the integrity of the electoral process: by improving voter identification by making it possible to compare voters' faces with the information on their identification card or on the voter's list; by helping to ensure that only people who are qualified electors, people 18 and older, vote; and by making it possible to identify anyone trying to commit an offence at the polling station, for example, someone who tries to vote more than once.

It is important to note that there is one exception in the bill: a person may vote with their face covered if there is a valid medical reason.

We realize that some customs require women to cover their face in public. We want to clearly state that this bill does not target them. It targets people who want to use those customs to commit electoral fraud.

While the government was compelled to take action to protect the integrity and the credibility of the voting process, it did so strictly and only because of the ruling made by the chief electoral officer.

If these women were dragged into this debate, it is because the chief electoral officer interpreted the act in a way that did not reflect the intent of our Parliament. Consequently, the government had to react.

However, it is important to point out that women who wear the veil never asked to be allowed to keep wearing it when they vote. In fact, these women readily show their face in numerous situations, when this is necessary. For example, they remove their veil when they get their picture taken for a driver's licence or a passport, or when they cross the border, and they never objected to having to show their face to vote.

This was confirmed during the committee's hearings on this issue, in September 2007, when a large number of people representing the Muslim community clearly said that women have no problem with showing their face if it is necessary.

The real question that we should ask ourselves is the following: why did the chief electoral officer make the decision that he made, and who did he consult before making that decision? Why did he drag these women into a debate that they did not want and that they had not requested?

Be that as it may, the government felt that it would be reasonable to allow these women to uncover their face in front of another woman.

While this decision ultimately belongs to Elections Canada, we gave that office the administrative flexibility to allow women to uncover their face before another woman.

Surprisingly, some people said that these measures jeopardize the equality between men and women under the Canadian Charter of Rights and Freedoms. That is totally absurd.

Does the fact that women at the border can only be searched by other women threaten the equality between men and women? Of course not, and our bill does not threaten it either.

Others have asked why we did not amend the special ballot process. Quite simply because this process is very different from the regular ballot process on election day.

The special ballot process requires some paperwork so as to create a paper trail.

Voters who vote by mail must register in advance. To obtain a special ballot, voters must provide proof of their identity and residence. They also need to fill out a special request.

Once registered, voters are removed from the voters list and are not allowed to vote at the polling station. With such a complex process, it takes considerable time to evaluate and confirm the integrity of the votes that have been cast. Advanced registration to obtain a special ballot has to be done before election day, not on election day, because of the close scrutiny required in these circumstances.

On election day, throughout the day, many people show up at the polling station asking to vote immediately, but the thorough process for giving out special ballots is not used that day.

That is why the rules regarding voter identification have been adopted in the first place, to prevent voter fraud in these circumstances.

Critics have argued that there was no evidence of voter fraud having occurred because of people having their face covered. Even if this were true, that is certainly no reason not to act. Following that logic, we would wait for our houses to be broken into before putting locks on our doors or wait for someone to drawn before posting deep water warnings. The government will not wait for evidence of voter fraud before taking steps to prevent it.

The government passed Bill C-31 to improve the integrity of the electoral process. Under the new act, electors are now required, and this is a first, to show identification before voting. However, because of a misinterpretation of the act by the Chief Electoral Officer, allowing people to vote with their face concealed, the integrity and credibility of the electoral process has been called into question. That is specifically contrary to the spirit and intent of the legislation.

Our government has therefore responded by introducing the bill on visual identification of voters. This bill requires electors to show their face at the polling station before voting, while providing for an exception for medical reasons and an accommodation for people who normally have their face covered in public.

I hope that all members will work with the government to ensure this bill is passed so that it can be enacted shortly.

Canada Elections ActOral Questions

October 23rd, 2007 / 2:45 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, for the benefit of members of the House who may not be familiar with the situation, the issue is one of addresses that are post office boxes where there are no municipal addresses for individuals. In an effort to put through Bill C-31, all parties in this House supported amendments to tighten up the identification--

Resumption of Debate on Address in ReplySpeech From The Throne

October 22nd, 2007 / 5:40 p.m.


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Conservative

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

Mr. Speaker, I regret to inform you that the riding I represent is actually Lanark—Frontenac—Lennox and Addington. While I love Renfrew county very much, as I used to cottage there as a kid, I do not have the good fortune to represent it. For what it is worth, I have not had a Speaker yet who has not screwed up the name of my riding in some way or another, so I will add this to the list.

I am here to talk today about our very exciting democracy agenda. Since this government came to power about a year and nine months ago, it has engaged in the most assertive approach to improving Canada's democracy of any government in the country's history. It is exciting to be a part of such a government.

I want to list some of the democracy measures that we have put forward and then I will talk in a little more detail about them.

If there is time, and I hope there is, I will be dividing my time with the member for Regina—Lumsden—Lake Centre.

We have had eight pieces of legislation that have dealt with democracy and I have divided them into three headings. It seems to me that there are three fundamental theme areas. We have dealt with greater accessibility to the polls for voters. We did that by putting forward legislation that created more advance poll days and more geographically dispersed advance polls allowing people, particularly in areas of the country where advance polls were not easily accessible, access to those advance polls thereby ensuring that we could help people to vote in greater numbers and with greater ease. Nunavut comes to mind as perhaps the best example of this.

We have put forward several pieces of legislation that deal with greater security of vote, greater transparency and honesty in our voting. Bill C-31, which essentially deals with electoral fraud, has put in new requirements for voter identification that will significantly reduce the potential for voter fraud in ridings. That passed with widespread support in the House of Commons. All parties, except the New Democratic Party, were enthusiastic in their support for it.

Bill C-2, the Federal Accountability Act, had provisions ending the role of corporate and union contributions in our electoral process. This is a very healthy thing for an open and transparent electoral process where money no longer plays a role.

Bill C-54, which dealt with election loans and the loophole that was exploited by so many Liberal leadership candidates in terms of getting loans and then finding ways to potentially get the terms of those loans rewritten after the fact, shut down that loophole. This is also a very important part of ensuring openness and transparency in our election financing laws.

The areas that I would like to concentrate on today are the four pieces of legislation that are working toward providing greater democracy in the most direct sense to our representative system: the legislation the government put forward dealing with the election of senators and with the creation of eight year terms for our senators, Bill S-4, which was presented in the Senate in the last term; the legislation, which was passed, creating four year terms and fixed election dates for the House of Commons, which removes the capacity of prime ministers to call elections when the polls are convenient, something that was used extensively by Mr. Chrétien when he was prime minister and had been used by other prime ministers in the past; and finally, Bill C-56, which introduces greater representation by population in the House of Commons.

I want to concentrate on greater democracy in the Senate and then greater democracy in the House of Commons, the two areas that are the most detailed proposals put forward by the government in this area of greater democracy.

Let me start with the Senate and the election of senators.

We talked about introducing in Bill S-4, the idea of eight year terms for senators. This was found to be constitutional in the upper House reference case of 1980 by the Supreme Court of Canada. The court indicated, in rough terms, the length of term would have to be fixed. There would have to be four senators in order to fulfill the constitutional obligation. Senators would be exempt from the kinds of pressures that re-election causes and that short terms could cause that might affect the voting patterns of an individual in either that House or this one.

I note that before the Liberals in the upper House decided to vote against this bill, the Leader of the Opposition indicated that he was perfectly happy with fixed terms. Therefore, we hope he can assert that love he had of democracy and bring his unruly senators into line when this bill is reintroduced.

The upper House was intended as a House of sober second thought, not of partisan second thought. The intention was not that the upper House become what it has become, a House of patronage.

In explaining the spirit of the bill, I wanted to make the point that the upper House has wandered very far from its original intention of being a House of sober second thought. Senators unfortunately are, as a rule, not appointed based upon their merits. They are appointed based upon their partisan affiliations.

Let me quote from former Senator Dan Hays in a presentation he made to a Senate committee on May 25 of this year. He made the following statement:

In the appointments made to the Senate by Prime Minister Mackenzie King, only two of the 103 were not Liberals. Under Prime Minister St. Laurent, only three of the 55 appointments were not Liberals. Under Prime Minister Diefenbaker, only one of the 37 appointments were not Progressive Conservatives. Under Prime Minister Pearson, only one of the 39 appointments was not Liberal. Under Prime Minister Trudeau, 11 of the 81 appointments were not Liberals. Prime Minister Clark made eleven appointments to the Senate and all were Progressive Conservatives. Under Prime Minister Mulroney, only two of the 51 appointments were not Progressive Conservatives. Under Prime Minster Chrétien only three of the 75 appointments were not Liberals. Under [the member for LaSalle—Émard], five of the 17 appointments were not Liberals.

The upper House has simply become a den of patronage and we are trying to break free from that. This is the point of Senate elections.

It is possible, I suppose, to consider abolishing the Senate. Our friends in the NDP have indicated that is their preferred approach. It is not my preferred approach. It is not the Prime Minister's preferred approach. Moreover it is a very difficult avenue to pursue because it requires the consent, depending upon which constitutional scholar one goes to, of either all the provinces, or at least seven provinces with half the population.

At any rate, it is a difficult avenue to pursue, but if it turns out that the other parties are unwilling to pursue elections to the Senate, it is clear that the abolition of the Senate is preferable to the approach of simply using it as a House of patronage, the pattern of course of previous governments, and in all fairness of both partisan stripes, in the past.

I want to talk for a moment about representation by population in the House of Commons. Bill C-56, introduced in the last session of Parliament, dealt with greater representation by population, a more equitable system in the lower House, and I am a great fan of this.

The representation by population formula that was incorporated in the original Constitution Act, 1867, has by reason of repeated amendment become less and less representation by population and more and more representation by population, with one exception after another. It was amended in 1915, again in the 1940s, in 1952, in the 1970s, in 1985, and each time it moved further and further from one person, one vote, the equality of voting, regardless of the riding or the province in which one lived.

This has produced the situation that there is now great disequilibrium. The bill attempts to bring back a measure of representation by population. It would introduce new seats for Ontario, Alberta and British Columbia. In the cases of Alberta and B.C., they have been brought right up to equality with the level that Quebec is at, essentially at the national medium number in terms of electors per MP.

Ontario would be below that, but far further ahead than they are now, and this is a major step, for the first time, in the direction of returning to the spirit of rep by pop that was part of the original Confederation deal for the lower House.

Resumption of debate on Address in ReplySpeech from the Throne

October 22nd, 2007 / 12:25 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, I am very pleased to open the debate on today's theme from the throne speech: strengthening the federation and our democratic institutions.

We have a great, united country whose foundation is a solid federation and a living democracy. In fact, federalism and democracy have gone hand and hand throughout Canada's history.

Our country's history is one of people joining together to achieve great dreams thought impossible by the pessimists, but it is also a history of people who, through accommodation and respect, build practical, workable approaches allowing remarkable progress to unfold.

The project of Confederation was about bringing together the different regions into a strong and united country based on democratic practices and the rule of law. Sir John A. Macdonald, George-Étienne Cartier and the Fathers of Confederation, through strong leadership united Canadians in a federal union which would deliver a future of security and prosperity for the country as a whole. Their vision was strong and enduring, a firm foundation on which successive generations have built.

Our government is continuing this nation building project today with our commitments for strengthening the federation and our democratic institutions. Strong leadership and a better Canada: that is our objective.

I would like to spend my time today discussing the progress we have already made in this area and highlighting our plans for this new session of Parliament.

Our government made a commitment to practise open federalism, and it is taking steps to ensure that our country is prosperous and united.

Our approach is not new, but it is based on the very principles underlying Confederation.

The union was based on a simple concept: the division of powers between the federal and provincial governments. The objective was not to have a weak, passive federal government, but a government that would respect the provinces' areas of jurisdiction.

Provincial governments are closer to their citizens and are well positioned to determine local needs and aspirations. In contrast, the federal government is well placed to protect the national interest in pursuit of the common good of the country as a whole. As the project of our Confederation first became committed to paper in the Quebec Resolutions of 1864, this approach was clear:

In the Federation of the British North American Provinces, the system of Government best adapted under existing circumstances to protect the diversified interest of the several Provinces, and secure efficiency, harmony and permanency in the working of the Union, would be a general Government, charged with matters of a common interest to the whole country; and Local Governments...charged with the control of local matters in their respective sections.

The steps we have taken recently and the measures we plan to take to create a federalism of openness will produce unprecedented efficiency, harmony and stability in the union, as the Fathers of Confederation envisioned many years ago.

Our federalism of openness means respecting provincial areas of jurisdiction, and that, in turn, means two things. First, a federal government that shows leadership in its areas of jurisdiction. Second, a federal government that unites the country by introducing fair, respectful intergovernmental policies.

We have shown strong leadership in areas of federal jurisdiction, such as strengthening our economy by cutting taxes and helping families, in the process paying down billions on the debt and achieving the lowest national unemployment rate since I was a child; in international trade with the resolution of the softwood lumber dispute; in defence with our leadership in international aid efforts in Afghanistan; and in public safety and security with our agenda for making communities safer by tackling crime.

In the new session this leadership will continue with measures to strengthen Canada's economic union through internal free trade among the provinces; a commitment to action in protecting Canada's sovereignty, particularly in the Arctic; continued pursuit of a safer Canada beginning with the comprehensive criminal justice reforms in our Bill C-2, the tackling violent crime act.

We have treated the provincial and territorial governments with respect, which has strengthened national unity. To restore the fiscal balance within the Canadian federation, we have increased the main federal transfers and introduced a new stable, reliable, fair funding formula. We have helped build a better Canada with our historic recognition that Quebeckers form a nation within a united Canada.

Our 2007 budget contained an unprecedented long term commitment to rebuild Canada's infrastructure, amounting to a total of $33 billion over the next seven years, the largest federal investment in Canadian infrastructure in over half a century.

During this session, we will introduce a bill to place formal limits on the use of the federal spending power for new shared-cost programs in areas of exclusive provincial jurisdiction. This bill will formalize the commitments our government made in the 2006 and 2007 budgets, because it will specify the limits on federal power.

In keeping with how we see open federalism, our bill will also allow the provinces and territories to opt out of new shared-cost programs with reasonable compensation if they offer compatible programs. In addition to recognizing the provinces' and territories' ability to provide programs in their specific areas of responsibility, our bill will enable Canadians, wherever they live, to receive services comparable to those available under national programs.

Our diversity as a country serves as a source both of strength and innovation. Through our actions in open federalism, including equitable and predictable funding and clarified roles and responsibilities in our federation, we are offering a principles based approach on which all orders of government can continue to work into the future.

The vision of Macdonald and Cartier of a country united from east to west, of new Canadians and old, French and English, country and city, together dreaming great dreams and building a brighter future is alive and well and has a place deep in the heart of our government in 2007.

However, our Confederation must be more than the sum of its parts. The federal government must act as a leader in keeping the country strong and united and as a model for democratic values. To perform this leadership role, the democratic underpinnings of our government must be solid in order to continue to meet the expectations of the Canadians we serve. Our initiatives in the area of democratic reform demonstrate our government's leadership in this area. Nowhere is this more evident than our efforts to modernize our central democratic institution, a federal Parliament where the representation of both popular and provincial interests are united within the federal legislative process.

Since Confederation, Canada's Parliament has served the democratic interests of Canadians well, but the government must take action to ensure that this institution, which is the cornerstone of our representative democracy, remains strong, vibrant and adapted to the needs of Canadians in the 21st century.

Our bicameral Parliament includes two houses, the lower house here which is comprised of elected representatives of the citizens of this great country originally founded on the fundamental principle of representation by population, and the upper house which was designed to represent the regions of the country to act as a chamber of sober second thought.

However, in the contemporary era, the Senate has been unable to credibly fulfill its role as an effective representative of the regions in the federal legislative process due to fundamental concerns with legitimacy and effectiveness of that appointed and unaccountable chamber. As for the other chamber, this one, the distribution of seats in the House of Commons has shifted too far away from the principle of representation by population, resulting in the unfair under-representation of the fast growing provinces.

Our government has already taken measures to address this situation as we promised during the last election with BillC-56 introduced in the last session to enhance the principle of representation by population in the House of Commons and give fast growing provinces the representation that their population merits, and by Bills S-4 and C-43 introduced in the last session to begin the long overdue project of Senate reform.

I would like to spend a few moments discussing Senate reform. It is a priority of our government that is urgently needed to modernize our federal Parliament. We put forward an agenda for the Senate reforms that is practical and achievable. As stated in the Speech from the Throne, we will continue to pursue this agenda with the reintroduction of two important bills.

The Senate tenure bill proposed a uniform fixed term for senators of eight years. Rather than leave the length of tenure as long as 45 years, as it is currently, our bill proposed that senators be appointed to a fixed term of eight years. This is a change that would bring renewal and relevance to the Senate. This change would improve the effectiveness of the Senate. It would ensure that senators' terms were long enough for them to gain the expertise and independence necessary to act as a chamber of sober second thought, but at the same time it would ensure that the terms would not be so long as to undermine the legitimacy and credibility of the Senate as a modern institution in what we seek to declare to be a democratic country.

Unfortunately, the current unelected unaccountable Liberal senators spent over a year delaying this legislation before they finally took a decision to not take a decision. This action alone, or inaction more accurately, demonstrates clearly that the Senate must change. Its current form does not function well on this issue, or at all.

As I stated, our government intends to reintroduce the Senate term limits bill this session. I hope that the summer recess gave opposition senators some time for that sober second thought in relation to their position of inaction on this bill where they have refused to exercise their constitutional obligation to vote on the bill.

Our second Senate reform, Bill C-43, offered a means for democratizing the Senate by providing Canadians an opportunity to choose and advise who they want representing them in the Senate. It would provide for the first time an opportunity for voters across this country to have a democratic say in who sits in their Senate. This should hardly be a difficult principle to embrace in a 21st century western democracy. It would provide greater legitimacy and credibility to the work of the Senate as a democratic institution.

I was extremely pleased to attend the swearing in of Senator Bert Brown last week. He of course was popularly elected by the people of his province. I hope that we can look forward to the day when the Senate appointment consultations bill becomes law and all senators arrive in Ottawa with a democratic mandate.

As the Prime Minister has indicated, when the Senate consultations bill is reintroduced, we will be sending it to committee before second reading so that collaboration can begin on this important step toward a democratic Senate.

There are some who have suggested that governing parties of the past could maintain the status quo in the Senate out of self-interest, that we could benefit from the patronage appointments to be made and stack the chamber with partisans who would serve for decades. Our government believes that the Senate should be a democratically elected body that represents Canadians. So far, we have taken concrete steps toward that vision and they are steps that are achievable in the short term. What is more, surveys show that our agenda for term limits in a democratized Senate is strongly supported by Canadians. Surely in a democracy this above all should be a key indicator of what constitutes a good democratic reform.

The Senate must change. If it cannot be changed, it should be abolished. In its current illegitimate form the Senate does nothing to enhance our democracy, even as we aim at the same time to promote democratic values abroad.

I would now like to address a second element of the democratic reform program that we will continue to implement during this new session of Parliament: strengthening the electoral system.

A strong democracy requires both modern democratic institutions and an electoral process with integrity that inspires confidence among voters.

We have already introduced a number of measures that were passed in the last session to improve elections, which were broadly supported.

For example, Bill C-2, the Federal Accountability Act—the first legislative measure we introduced—fulfilled our campaign commitment to clean up political funding. We levelled the playing field by banning donations from companies and unions, as well as large and secret donations, so that ordinary Canadians can contribute to the political process knowing that their donations will really count.

Bill C-4 was the first bill passed in the last session. We acted quickly to ensure that the party registration rules would not sunset and that those registration rules would remain in effect at all times.

With Bill C-16, setting dates for elections, we have established a four year electoral cycle, preventing snap elections from being called solely for the partisan advantage of the governing party.

As a result, after this House provides a mandate to govern when it approves the throne speech on Wednesday, we can look forward to the next election, now set in law to take place October 19, 2009.

In Bill C-31, we implemented wide-ranging recommendations of the procedure and House affairs committee for improving the electoral process, including important measures for reducing the opportunity for voter fraud, such as a voter identification procedure for federal elections.

In addition to these bills, which are now law, we introduced additional election reforms that did not have an opportunity to pass before we prorogued.

Building on our political financing reforms in the Federal Accountability Act, Bill C-54, our new bill to clean up campaign financing, proposed bringing accountability to political loans by eliminating loans as a means for circumventing contribution limits and establishing a transparent reporting regime for campaign finance.

Building on a number of measures for improving voter accessibility, Bill C-55, our expanded voting opportunities bill, proposed additional advanced polling days to enhance opportunities and encourage higher voter turnout.

During the second session of Parliament, our government will continue to strengthen the electoral process.

As stated in the Speech from the Throne, we will introduce measures that will enable us to confirm the identity of voters by requiring them to uncover their faces before voting. Like our other reforms, this concrete measure will improve the electoral process for all Canadians.

Public concerns raised about this issue during the September 17 byelections made it clear that we must act.

During meetings of the Standing Committee on Procedure and House Affairs in September, all parties approved the decision to prioritize resolving this issue.

Our government will act quickly to resolve this issue, and I hope that I can count on the support of all members of Parliament to give Canadians the strong, fair electoral process they expect.

There is so much that makes Canada great. We are mindful of the valuable legacy bestowed upon us by the visionary leadership of Sir John A. Macdonald, George-Étienne Cartier and the Fathers of Confederation when they rendered the blueprint for what has proven to be the best country in the world. But it is our strong foundations that enable us to continue building a better Canada that is a leader in the world.

Those foundations are our federal state and our democratic spirit, but we also know, as did those Fathers of Confederation, that as the world modernizes, so must Canada. That is in fact the spirit of Confederation. It is that spirit that leads us to seek ways to strengthen our democracy and improve accountability to Canadians. We must be a democracy worthy of that name in a 21st century world.

Our government has already put forward a full agenda to fortify and modernize our federation and democracy, and we will continue to do so this session. We invite all parties in the House to join us as we build a stronger Canada with a brighter future for the generations that will follow.

Message from the SenateRoyal Assent

June 22nd, 2007 / 12:20 p.m.


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The Speaker Peter Milliken

I have the honour to inform the House that when the House did attend Her Excellency the Governor General in the Senate chamber Her Excellency was pleased to give, in Her Majesty's name, the royal assent to the following bills:

Bill C-12, An Act to provide for emergency management and to amend and repeal certain Acts--Chapter 15;

Bill C-294, An Act to amend the Income Tax Act (sports and recreation programs)--Chapter 16;

Bill S-6, An Act to amend the First Nations Land Management Act--Chapter 17;

Bill C-40, An Act to amend the Excise Tax Act, the Excise Act, 2001 and the Air Travellers Security Charge Act and to make related amendments to other Acts--Chapter 18;

Bill C-11, An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts--Chapter 19;

Bill C-277, An Act to amend the Criminal Code (luring a child)--Chapter 20;

Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act--Chapter 21;

Bill C-18, An Act to amend certain Acts in relation to DNA identification--Chapter 22;

Bill C-60, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2008--Chapter 23;

Bill C-14, An Act to amend the Citizenship Act (adoption)--Chapter 24;

Bill C-47, An Act respecting the protection of marks related to the Olympic Games and the Paralympic Games and protection against certain misleading business associations and making a related amendment to the Trade-marks Act--Chapter 25;

Bill C-61, An Act to amend the Geneva Conventions Act, An Act to incorporate the Canadian Red Cross Society and the Trade-marks Act--Chapter 26;

Bill C-42, An Act to amend the Quarantine Act--Chapter 27;

Bill C-59, An Act to amend the Criminal Code (unauthorized recording of a movie)--Chapter 28;

Bill C-52, An Act to implement certain provisions of the budget tabled in Parliament on March 19, 2007--Chapter 29;

Bill C-288, An Act to ensure Canada meets its global climate change obligations under the Kyoto Protocol--Chapter 30.

It being 12:23 p.m., the House stands adjourned until Monday, September 17, 2007, at 11 a.m., pursuant to Standing Orders 28(2) and 24(1).

The first session of the 39th Parliament was prorogued by royal proclamation on September 14, 2007.

Aboriginal WomenStatements By Members

June 20th, 2007 / 2:05 p.m.


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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, Sharon McIvor has won her case in the B.C. Supreme Court, arguing that it was wrong for the federal government to arbitrarily say that women could not pass Indian status on to their children. This is a long overdue decision to reverse decades of discrimination against first nations women.

Along with difficulties accessing programs available to status Indians, the effects of Bill C-31 were felt throughout the community, where children faced acceptance or rejection based on their different status.

The government knows it will lose this case if it goes forward. Its own internal documents show that. However, the minister has told the media that this judgment may not be enough and he is contemplating spending more taxpayer dollars to fight this decision at a higher court, this from the minister who insists the Conservatives are working to bring human rights to first nations.

Human rights are inalienable and Sharon McIvor has proven through her long battle that those rights should be recognized.

The minister should accept this ruling and start making the necessary changes in his department to deal with the influx of people applying for status.

Canada Elections ActGovernment Orders

June 18th, 2007 / 6:55 p.m.


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The Acting Speaker Royal Galipeau

The House will now proceed to the taking of the deferred recorded division on the motion concerning the Senate amendments to Bill C-31.

Canada Elections ActGovernment Orders

June 18th, 2007 / 6:30 p.m.


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The Acting Speaker Royal Galipeau

It being 6:30 p.m., pursuant to order made earlier today, all questions necessary to dispose of the motion relating to the amendments made by the Senate to Bill C-31 are deemed put and a recorded division deemed requested and deferred to 6:30 p.m. today.

Canada Elections ActGovernment Orders

June 18th, 2007 / 6:25 p.m.


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Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, when I last spoke to this issue, slightly more than three hours ago, I was talking about the five general categories of amendments that the Senate brought forward on Bill C-31. I dealt with the one amendment that we wish to oppose and we will be sending it back to the Senate for its consideration. That dealt with the timing of the coming into force provisions of the bingo cards.

The Senate had suggested a 10 month period of time be given to Elections Canada to develop these bingo cards for the use of all parties and candidates. We are suggesting that it should be done and could be done in six months.

There are two other general areas of amendments that the Senate had suggested. One deals with the use of birthdates on the election lists themselves. This was a hotly debated point of contention in committee. Members of the New Democratic Party and members of the Conservative Party opposed this but it was an amendment brought forward by a member from the Bloc Québécois, supported by the Liberals.

That amendment was to put not just the birth year but the birthdate, day and month, as well as the birth year on the election documents in an attempt to better determine whether or not someone purporting to be a voter actually was the voter. The thinking behind this amendment was simply to say that if someone came into a voting station saying that he was, for example, John Smith, age 51, but that he clearly looked 20 or 30 years old, the deputy returning officer and the scrutineers would be able to challenge the right of that voter to exercise his vote because they would be able to point to the fact that he was clearly not the age that was specified on the forms.

However, as well-intentioned as that might have been, there were some really serious concerns about privacy laws. Therefore, when it got to the Senate, members of the Senate, and I will name one in particular, Senator George Baker, a Liberal senator, said that they had to fix the mess because it was a travesty of privacy considerations. He blamed members of the government for bringing this amendment forward to the Senate and he stated quite unequivocally that they had to fix the mess.

I would like it to be put on the record, as several of my colleagues have already done, that it was not the Conservative Party in committee that recommended this change. It was the Bloc and Liberal members who recommended that birth years and birthdates be placed on election documents. It was one of those amendments that we quite vociferously opposed, as well as members of the New Democratic Party.

I think it is quite disingenuous for Senator Baker to start blaming the government for an amendment which we had no part in crafting. I think Senator Baker would be well advised to check with his own colleagues on that side of the House, for whom he seems to not have much respect since he does not really listen to any of their advice or instructions. However, he should check with members of his own party before he starts making claims and allegations dealing with amendments to this particular bill.

Finally, the last provision of the amendments brought forward by the Liberal senators deals with penalties for misuse of election documents or personal information. This is something we wholeheartedly agree with because, if anyone, whether it be a member of one political party or whether it be an election official, chose to give some of the confidential information contained in election documents to anyone outside of the election confines, they should be penalized and punished.

Originally, we had proposed in the bill that penalties of either one month in jail or a fine of $3,000 or both would be a satisfactory and an appropriate punishment for people who misused personal information. The Senate examined this provision and came back with an even stronger provision stating that it should be one year or $5,000 or both if anyone were caught misusing personal information during the election process.

We wholeheartedly agree with that amendment, as we agree with 10 other amendments. It is only the one, the time for coming into effect of the bingo cards, that we disagree with.

In conclusion, let me say that once again Bill C-31 deals with integrity of the voting process, something that all people in Canada should applaud. I hope this House tonight will approve that bill.

Canada Elections ActGovernment Orders

June 18th, 2007 / 6:25 p.m.


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The Acting Speaker Royal Galipeau

When we were last discussing Bill C-31 there were six minutes left in debate for the hon. Parliamentary Secretary to the Leader of the Government in the House of Commons. Unfortunately, there are only five minutes left in debate and he has the floor.

Business of the HouseRoutine Proceedings

June 18th, 2007 / 4:50 p.m.


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Conservative

Rick Casson Conservative Lethbridge, AB

Mr. Speaker, I rise on a point of order. I believe that if you were to seek it, you would find unanimous consent for the following motion. I move:

That, notwithstanding any Standing or Special Order, the normal hour of daily adjournment today shall be 6:30 p.m. and when no member rises to speak today to Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act, or at 6:30 p.m., whichever comes first, the question on the motion relating to the amendments made by the Senate to Bill C-31 be deemed put, a recorded division deemed requested, and the vote deferred to 6:30 p.m. today.

Canada Elections ActGovernment Orders

June 18th, 2007 / 1:55 p.m.


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The Acting Speaker Royal Galipeau

It is with regret that I interrupt the hon. the parliamentary secretary, but the time provided for the study of government bills has now expired. When we return to the study of Bill C-31, there will be six minutes left for the hon. the parliamentary secretary to make his presentation and 10 minutes for questions and comments.

Canada Elections ActGovernment Orders

June 18th, 2007 / 1:45 p.m.


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Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, I stand to speak in support of not only Bill C-31 but the majority of the amendments that we have seen coming back from the Senate.

First, I would say that while Bill C-31 is important, it is only one in a suite of democratic reform initiatives that the government has brought in. We have seen, for an example, very important democratic reform initiatives such as fixed election dates which is Bill C-16. It passed and has come into force. It states that the third Monday of October 2009 will be the date for the next general election unless of course by some strange occurrence the combined opposition determines that it wants to have an election before that date.

That was the first initiative that we brought in to try to ensure Canadians that there would be some consistency and regularity in the timing of federal elections. Far too often we saw political parties in power manipulate the voting system to their advantage. In other words, we saw parties in previous years take a look at the polling numbers and if they determined that it would be to their advantage to have an election earlier rather than later, because the polls happened to be advantageous for them, they would call an election at that time.

Subsequently, we saw both federally and provincially from time to time governments of the day go well beyond a traditional four year voting window because the polls were not quite a favourable for them during that four year cycle. What we are doing with Bill C-16 is ensuring that all Canadians will have some certainty as to the timing of federal elections and I think that is a good thing for democracy. I think it is a good thing for Canadian voters.

Also, however, we saw several other initiatives with respect to democratic reform. We saw bills come forward dealing with expanded voting opportunities in an attempt to get more and more voters to turn out at the polls. As I said in that debate, we have seen over the course of the last two decades or so a decline in voter turnout year after year, or at least election after election.

I think that is a reflection of many factors, the overall probably being the cynicism that most Canadian voters have with the political process per se. 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 because.

I think that we all agree, regardless of our political affiliations, that it is incumbent upon all Canadians to express either their opinions come election day or at least exercise their franchise because if we ever got to the point where we had less than 50% of the people in the country who were eligible to vote electing a government of the day, that would be truly a sad day for the democratic process.

We have also seen other examples of our democratic reform initiatives. Just today in committee we dealt with Bill C-54 on political loans and how we can ensure that all loans given to candidates over the course of an election are done in such a manner that we can ensure accountability and transparency. I think that is a very important initiative, again, one of a suite of initiatives we brought in.

There will be further democratic reform initiatives as we go forward in the course of the government's life cycle. Today I want to speak specifically to Bill C-31, the voter integrity bill. 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. In other words, I think there could be no greater fraud than someone trying to influence the election results by fraudulent manners. That is what the bill deals with.

In committee, we dealt with many of the things that we felt needed to be corrected to ensure that there was greater accountability, transparency and greater integrity in the voting system. Primarily we talked about things around identification where all voters now, once the bill becomes a law of the land, will be required to show sufficient identification at the polling station to ensure that they are who they purport to be because we have heard on many occasions many examples of individuals fraudulently voting in individual elections.

Anything that we can do, as a House and as individual members of Parliament, to stop that abuse of the voting system is extremely well intentioned and I think will be well received by the voting public. We dealt with that and many other issues of which my hon. colleagues who proceeded me in this debate spoke about.

Primarily, we came up with what we thought was a bill that would accurately reflect the intention of the committee. The committee worked long and hard on the bill and at the end of day when we reported back to this House, we felt that we had a bill which would capture all of the suggestions and recommendations of committee members who dealt with the bill over a period of several months.

However, as is normally the case, and it seems at least these days it is normally the case, when our bill went from our place to the Senate there were additional discussions and additional amendments. While some of the amendments from the Senate are ones that we have some question about, I am pleased to report that the vast majority of the amendments that were made in the Senate will be agreed to, at least by this government.

We are doing so in a manner which we believe we can get the bill passed into law before we rise for the summer because in a minority situation, the length of a minority government is tenuous at best. If we happen to have an election within the next six months or so, we want to ensure that we have a bill that deals with these very important issues, so that we can ensure that voter integrity is at the utmost, that we dispel and dispense with any kind of attempted fraud in the next election that will be held, whenever that may be.

I want to speak for a few moments on the amendments brought back from our colleagues in the Senate. There were about 12 amendments in total but they fit into about five broad categories. The first one deals with what is generally known as bingo cards. Most of us in this House and any politician who has ever run for elected office is familiar with the concept of bingo cards. For those Canadians who may be somewhat confused about what a bingo card has to do with an election, let me explain.

Every political party, certainly every candidate, wants to track their supporters and whether or not they are supporters that they have identified during the preceding number of months leading up to the election and actually come out to the polls and vote. From time to time there are very close election races throughout Canada. When I was first elected in 2004, I was elected by a whopping majority of 122 votes.

One of the elements that really helped my election in that very stressful time was the fact that we had a very good voter identification program within my riding association and within my campaign team. On election day we had a very good “get out the vote” team which tracked people who came into the polling station, find out which of my supporters had not yet made it to the polls, and we brought those people for the most part to come in to vote. Close to 80% of my identified vote actually cast ballots in that election of 2004.

The use of bingo cards is a mechanism by which we can track the voter turnout. As the name suggests and anyone who has every gone to a bingo hall and played a game knows there are cards with numbers from 1 through 400. When scrutineers go into an election or polling station they are able to mark off on the bingo card the number of the voter assigned to them on the electoral list to ensure that everyone in our campaign team, or get out the vote team, understands who has, and more importantly, who has not voted.

From time to time during the day our scrutineers would go in and pick up these bingo cards from the inside scrutineers, take them back to GOTV headquarters, and phone voters who had not yet made it out to the polls in an attempt to make sure that all of our supporters understood the importance of their vote in that election.

What we are saying in this provision, at least what Bill C-31 purports, is that the bingo card concept be formalized and that Elections Canada be tasked with the responsibility of developing a standardized bingo card that would be available for all political parties and all candidates, so they could use the same get out the vote techniques that most candidates and most political parties have been doing informally over the course of the last number of years.

We see this being an asset to the political process because it helps engage all or potential voters by getting them out to vote. Yes, some of them might need a slight kick in the rear end from some of the GOTV members, but if we can at least increase the voter turnout we will have done a great service for the democratic process. So the amendments that the Senate brought back in with respect to bingo cards are ones that we agree with.

What are those amendments? Primarily, they say that in the original report coming from this place bingo cards should be available and updated every 30 minutes, so that candidates and political parties would be able to go into polling stations every 30 minutes to pick up the bingo cards and take it back to their GOTV headquarters and start their phone backs.

What the Senate has amended is that during advance polls these bingo cards need only be picked up once a day. That makes perfect sense to me. The time a candidate wants to know is on election day what the voter turnout is like. So that every 30 minutes during an advance poll is almost a bit of overkill. It is certainly not required. Therefore, I think it was a very useful, a very serviceable amendment to suggest that bingo cards during those four or five days that advance polls are open need only be picked up once a day and we agree with that.

That segues nicely into the second major classification of amendments and that deals with coming into force provisions. Primarily, we only have one problem with any of the coming into force provisions as amended by our colleagues in the Senate. That again deals with bingo cards.

What it suggests is that electoral offices be given 10 months to develop these bingo cards themselves and come up with a standardized format that would then be available for use by all parties and all candidates.

We feel that 10 months is too long. We believe that this bingo card format can be structured, developed and printed within a six month period. Therefore, we will be putting our new amendment that we will send back to our colleagues in the Senate, and we hope that they support it, suggesting that the only amendment we wish to make on its amended bill is that the coming into force provision for bingo cards would be six rather than 10 months.

I think that is a very legitimate and reasonable amendment for us to be making. We say that because again in a minority government one never knows how long such a government will last. In other words, if this bill is given royal assent before we rise for the summer, that means if we have an election before December bingo cards would not be available, but if any election is held from 2008 on we will have bingo cards available for all candidates. We think that is reasonable.

Again, the only change to the amendments that the Liberal dominated Senate has made is that we will have a six month window rather than a 10 month window for the bingo cards.

The third provision that is captured by amendments in the Senate deals with casual election workers. Again, as we know in a minority government situation we need a lot of casual workers who work from election to election to election on standby because there can be an election held at any time.

Currently, the Public Service Employment Act contemplates that casual workers and the broad category of casual government workers could only be classified as such if they work 90 days or less in any calendar year.

We felt that was too tight of a time line because if there happened to be two elections in one year, clearly 90 days would not be enough time for a casual worker to do both elections. Thereby, they would fall outside of that 90 day classification.

What the Senate committee had discussed and amended was that the provision now read that 165 days be the length of time that casual workers would be classified still as a casual worker within the Public Service Employment Act. We think that is reasonable and we are certainly willing to agree to that amendment and recommend that the amendment be passed in this House.

The fourth provision is one that I know will take a fair amount of time. I see that the time—

Canada Elections ActGovernment Orders

June 18th, 2007 / 1:15 p.m.


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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, it is a pleasure to speak to the bill.

I want to start by referring to the comments made by my friend from the Bloc. His answer in response to my question underlined the problem with the bill. Opening up people's privacy has nothing to do with voter participation. He established that with his non-answer to my question.

More people do not vote because their birth date is on the electoral list or shared with political parties. I made it very clear that many people who have contacted me about this big brother bill have said the reason they would not vote in the next election would be because of this bill. It is counterintuitive to have people's privacy put on the altar and say that it will somehow increase voter participation.

It is important to look at the origins and the trajectory of Bill C-31. This bill is the result of a report by the procedure and House affairs committee, which I have in my hand. The report was very general in nature. The committee looked at the previous election to see if voter participation could be improved, how the machinery of government could be improved to allow elections to run more smoothly and to ensure that as parliamentarians we could improve elections by design to increase the number of people participating in elections.

It was interesting that after the committee report was tabled, very quickly there was a response from the government. That is not unusual, but the part that was strange was that the government cherry-picked from the Commons committee report. It came up with suggestions and lo and behold, after the response from the government, Bill C-31 was before us.

I point this out because Bill C-31 was not part of the Conservative Party platform. It was not a suggestion that had been made by grassroots organizations. It was not something that had been on the radar in general for people who are looking at how elections are conducted.

It was very interesting when I heard at committee the witnesses' concerns around the bill. They had concerns regarding the privacy issue. For anyone who is watching, listening or reading the transcripts, what the bill would do is it would require when voters presented themselves to vote, to have voter identification, government issued photo ID. When a voter did not have photo ID, there was a series of conditions regarding other documentation that would be allowed. Finally, if a voter did not have identification, there would be a process by which another person could vouch for the voter.

We heard from people who deal with the homeless, first nations, aboriginal peoples and people who represent students. They have said that this was a bad bill. Notwithstanding, and I am sure we will hear this from the government in response, there is a method for people who do not have proper ID to be vouched for.

The problem heard at committee was that the government is proposing in the bill that one person can vouch for another person as long as they are on the voters list. I underline this because people who are advocates for the homeless, first nations and students said that this is not necessarily an option for the people they represent, because they might not be able to find someone who is on the voters list or who resides in the riding, which is required in the bill.

The other critical issue, of course, is the privacy issue. I raised it at committee. It is worth noting that according to the bill every voter's date of birth will be published on the voters list for Elections Canada to verify that the person before an elections official is the person who is eligible to vote. That sounds fine, except when we look closer at the bill, there is also a verification number for every voter.

Photo ID is required. There is a verification number for every voter. The birthdate of every voter is on the electoral list. I opposed the inclusion of the birthdate and the NDP opposed the inclusion of birthdate information on the electoral list because of its dissemination. Every riding has hundreds of polls. There are 308 ridings. That is a lot of information being floated around. This is not anything against the good people who work as poll clerks during elections; it is just obvious that this information could fall into the wrong hands.

What has shocked me the most was the amendment by the Bloc, supported at committee by the Liberals and eventually by the Conservatives in the House, that birthdate information would actually be shared with political parties. I want to underline that all political parties, not just the ones in this House, but every single registered political party would have the day and year of birth of every single voter.

It is important to underline that because the Senate wants to make an amendment. While I welcome that, it does not go far enough. This bill at its foundation is flawed for reasons I have already mentioned about those people who might not normally have access to proper identification.

I brought forward these concerns at committee. At the time the Bloc and the Liberals got together to pass this amendment to share the date of birth information with political parties. Members should try to explain that to their constituents. I could not, I would not and I refused. I fought it at the committee. The Conservatives at the committee opposed this amendment, but when the bill came to the House, we heard from the government House leader that in the spirit of cooperation to get the bill through, the Conservatives would not fight this amendment.

I am sorry, but when it comes to issues of privacy, protection and integrity we do not just look the other way. That is exactly what members of the Conservative Party did. They looked the other way on privacy. I have a letter in my hand from Ms. Stoddart, the Privacy Commissioner of Canada. The letter suggests that this is a problem for her as well.

There are two parties, the Liberals and the Bloc, that got together to benefit themselves to give birthdate information to their political organizations. Clearly, the political parties see this as a bonanza. They can target voters. For the Liberals I am sure it is helpful because they can do some fundraising. The Liberals have to look to new sources for their fundraising. They will have to fill the void after having relied for so long on big donors. With this information, they will now focus their attention on citizens. It is very tempting for political parties to have this information.

People should not buy the idea that somehow this is going to help with verification of voters. There is already in the bill a verification number and photo ID is required. The idea that we would actually sell out privacy and the government would look the other way in order to get the bill through does not wash.

The amendments from the Senate are in front of us. I will establish that not only do I have a problem with the inherent contradiction with the Senate sending us amendments on elections legislation, but also the Senate amendments do not go far enough. They do not deal with those who, we heard at committee, will be disenfranchised, the homeless, aboriginal people and students.

There is a Globe and Mail editorial that talks about the whole issue of privacy. It says:

As Privacy Commissioner Jennifer Stoddart explained in a recent letter to [myself] whose party was the only one to oppose the bill, “One of the basic rules of data protection is that personal information should be collected and used sparingly and in proportion to the problem it is intended to address.” But the bill, which sailed through final reading in the House of Commons last evening, pays no heed to her legitimate objections.

Not only is the Privacy Commissioner against the bill, but from this editorial it would seem that Globe and Mail editors are against it as well. They underline the importance of why is the bill in front of us, what is the issue, what is the problem?

The government has put forward a notion that there is a huge problem with voter fraud. To be fair, it has been careful to underline it as potential voter fraud. If that is the issue, then I have no idea why the government did not look at other common sense solutions to deal with potential voter fraud. We put forward ideas at committee, at amendment stage, and made suggestions as to what the government could do.

We all know that voter cards are ubiquitous and often are left lying around in many apartment buildings. There is the potential for voter fraud. The NDP suggested in committee, and received the nod from the Chief Electoral Officer, that those voter cards should be in a sealed envelope. That would make sense. It is not exactly a high tech solution, but it would ensure that voter cards were not left lying around and instead would be sent directly to the voters. That was our first common sense solution.

The second common sense solution we put forward was to have universal enumeration at every election. When the Liberal government brought in voters lists, it was not to make the list more accurate, but rather to save money. In our democracy, if there is one thing we should invest in over anything else, it is the integrity of our voting system, and that means the voters list. That means having universal enumeration.

There used to be enumeration. People would go door to door to make sure that everyone had a chance to get on the voters list. Verification was done and the voters list was more accurate. I do not know a person in this House or in this country who would say that since we have had the centralized computer voters list that we have had more accurate representation.

Those two common sense solutions should have been adopted before we sold out people's privacy, before we put up barriers to the franchise to the most vulnerable, and before we got into this taffy pull between the Senate and the House. I agree with the Bloc and the government that it is passing strange we are waiting on the Senate to tell us how to run elections.

The bottom line is that this is a flawed bill. It is a big brother bill. The fact that it sailed through committee should not pass it off as being a valid bill. In fact, it is vapid in terms of what it is trying to do.

I want to underline what this bill claims to do and what the results will be if it passes. Not only will there be problems with privacy, but I believe the bill will be challenged on two fronts.

In testimony before the committee, the Chief Electoral Officer said that because of the new requirement for photo ID, more than 5% of eligible voters will not be able to vote. They will show up at the polling station perhaps five or 10 minutes before the polls close without their ID and will be told to go home. Therefore, they will not have the opportunity to vote. Others have mentioned this. I think of Duff Conacher, who has written about this extensively.

We might end up with a situation akin to what happened in Florida in one of the U.S. elections. This is not my submission. It is the submission of others. Others will call into question the validity of the election because people will not have been able to exercise their franchise. There will be situations where there are close votes. Those votes will be challenged. In a minority Parliament, that might decide which party did or did not form government.

Elections Canada will do a good job in promoting the required changes, but if we do not have a safety valve like the statutory declaration that the NDP put forward, which works in provinces with high voter turnout, then people will challenge the outcome of the election. That could lead to some unintended consequences.

I am putting everyone on notice that others have looked at this and they are saying that they will need to challenge this bill in court, some for civil libertarian reasons, some because of the private aspects and others because they believe that this kind of legislation is inherently wrong.

In summary, what we have in this bill is a Standing Committee on Procedure and House Affairs report that looked at elections in general and how to improve things. The report was tabled in Parliament soon after and, this is the part about the Conservative play book, the Conservatives used the committee report to cherry-pick and back a bill they had intended to put forward because that is exactly what happened. There was a response to this committee report very soon after and, more quickly than I have ever seen, a bill was in front of us based on the government's response to a committee report.

In that report we had the requirement for photo ID and then a cascading requirement, for those who did not have photo ID, to use other forms of ID. At the end of the day, people who are most disadvantaged, be it the homeless, aboriginal people or students, would be vulnerable.

It is interesting that a couple of weeks ago the government announced, with great fanfare, democratic reform week. If we were to believe the advertising, the government was doing everything it could to ensure that more people had access to the franchise. They need to look at this bill because what I have just outlined are barriers to franchise.

The Conservatives talked recently about having more young people vote by having an extra day to vote, which they had no scientific proof for. They had a nice photo op with some people in front of the Centre Block and somehow we were to believe that because of this extra day of voting we would have higher voter participation.

What they need to do is examine Bill C-31 and tell me honestly, when they look at the privacy provisions for allowing one's birthdate to be included both on the voters list and shared with political parties, notwithstanding the amendments, the fact that more young people will be required to show ID that they might not have access to, people concerned about privacy telling me they will ask to be taken off the voters list because they do not want big brother and the government, which is kind of strange coming from what used to be a party of libertarian dimensions, they do not want that to happen. They will take their names off the voters list and at the end of the day what we have is a bill that would undermine voter participation and not buttress it.

When we put this all together, we should keep in mind that the government did not want to listen to common sense, which was to have voter ID cards put into envelopes to prevent the concerns around voter fraud because people are using these cards or could, and the fact that there were four cases of voter fraud during the last three elections. In fact, there was more candidate fraud than voter fraud when members crossed the floor, which we remember, after they advertised that they would run for the Liberal Party or the Conservative Party.

Everyday people are more concerned about that fraud than the potential for voter fraud. They are more concerned about their privacy rights being trashed than they are about having these kinds of provisions put in. At the end of the day, they see that this bill would not improve our democracy. It would undermine it.

I would ask all members to keep in mind that when they go to their constituents or when this becomes a court case, because I believe it challenges the franchise, and many lawyers have said it, that the Conservatives were the ones who sat by and rubber stamped this process.

I urge all members to stand up against this bill, stand for democracy and more voter participation, and ensure we have a democracy we can all be proud of. I urge all members to vote against this bill and send it back. The Senate has made some minor improvements on the birthdate information but at the end of the day this is a flawed bill, a big brother bill and does not deserve to be passed.

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June 18th, 2007 / 1:10 p.m.


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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I will start with the points on which I am in agreement with my friend from the Bloc. I agree with the fact that having this come from the Senate is passing strange. I would challenge him on one point, though, in that some senators have gone through elections, some as candidates and many as backroom employees. They raised money and did good services for their party and were rewarded with a seat in the other place.

I would agree with him that it is passing strange to have amendments coming from the Senate on something that affects elections and potential concerns around voter fraud, but my concern, however, relates to the comment the member made, and I want to get this right, that because the Bloc has shown how it is done and has a good machine, and because its members have used some of the facets that are in Bill C-31, this is reason enough for us to adopt it here.

My concern is that when we look at things like sharing birthdate information, I could not disagree with him more.

When I talk to my constituents about this, and I wrote about it in one of my householders, people are shocked to learn that we actually would share birthdate information not only with Elections Canada, which means throughout the ridings and throughout the country--and that paper could fall off the table and into in the wrong hands--but with political parties. The fact that political parties would have this information shocks people. This came about through the amendment from the Liberals and the Bloc at committee.

People are extremely shocked. They do not want their birthdate information shared with Elections Canada in a public way, and they sure do not want it shared with a political party. They were shocked to learn that the Bloc and the Liberals had joined together on this and then the icing on the cake was having the Conservative Party allow this amendment to go through. People just do not understand.

That is what my question is about. I have a letter from the Privacy Commissioner, who did not have the luxury of presenting her case before committee. I had to write to her after it was fiated through committee. She argues against doing what the member suggests would be helping the system. How can he argue that sharing birthdate information has anything to do with increasing voter participation?

In fact, what increases voter participation is trust in the system. There seems to be a disconnect. People see this as what I call a big brother bill. What we are doing here is making citizens' privacy vulnerable in legislation. Some of the people who have called have said they would remove their names from the voters' lists because this is an invasion of privacy. Then the effect will be that we will have fewer people voting.

I would like the member's comments on this birthdate information and how he connects it with a higher rate of voter participation.

Canada Elections ActGovernment Orders

June 18th, 2007 / 1 p.m.


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Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

Mr. Speaker, I am very pleased to speak following my hon. colleague from Joliette, our House leader, who explained the Bloc Québécois' position very well.

First of all, I am pleased to speak on behalf of the Bloc Québécois. As the chief organizer, I would like address my comments to my hon. colleagues from all political parties in this House. As all hon. members know, but perhaps not all Canadians know this, the Bloc Québécois only has representatives in Quebec. We defend the interests of only one group in this House, that is, the interests of Quebeckers. We also defend their values. That is what we have been doing, primarily within Quebec's borders, since 1993.

This is why I would suggest that my colleagues from all the other political parties would do well to listen to the Bloc Québécois' recommendations. Indeed, the Bloc Québécois' political machinery is the most formidable of all the political parties, and this goes for elections in Quebec and at the federal level. We have the most organized political machinery.

We participated in the debate on Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act in a spirit of openness. We wanted to share with our colleagues our knowledge, our experience and the strength of our political organization. That is why the Bloc Québécois put forward amendments, which, oddly enough, were derailed by the Senate.

That is why I find it very difficult to discuss changes to electoral legislation proposed by a Senate that is not even elected. I really have a hard time accepting that. Senators do not have to face the same situations that hon. members and the political organizations for every party in this House do.

I want to get that message across. I also want to discuss again two very important amendments that the Senate has proposed with respect to this reform of the Canada Elections Act, amendments we do not agree with. In his speech, the Leader of the Government in the House of Commons said that the Conservatives were against the date of birth measure, but that out of respect and integrity, they ended up agreeing on this. They voted against it, but they agreed to defend the birthdate amendments in the Senate.

The main purpose of including date of birth on the list of electors is to allow election workers and the political parties present at the voting tables to conduct an initial verification. Of course this is not perfect. A person's date of birth is not stamped on their forehead. Nonetheless, if people arrive to vote in someone else's place and they are not in the same age group, this allows for an initial verification. It is a first step to determining whether people are cheating and voting by assuming someone else's identity. This is the first step and all we have to do is add the date of birth to the list of electors.

This received support from the majority in the committee and was included in the bill. Now the Senate is saying that this list with dates of birth will be allowed, but that it will only be used by the election workers, meaning the poll clerk and the deputy returning officer who are employees of the Chief Electoral Officer. The list will not be available to the political parties.

So they are abandoning any concern for transparency, integrity and respect by not trying to detect people committing fraud. The political parties, the ones that have representatives, that being the privilege that the law provides for political parties, will not have access to the date of birth. The Bloc Québécois can boast of having representatives in every polling station and in the all polling divisions during an election.

Then today the Senate has decided that the representatives of the political parties will not be entitled to see the dates of birth. And the government tells us that even though it agreed when the bill was introduced, it now supports the Senate's amendments. Once again, the senators are not even elected. They have never been through an election.

There is still time for the government to realize that this is progress. This amendment was introduced by the Liberals and supported by the Bloc Québécois to improve the way elections are held in Canada.

This is an example inspired by Quebec. This is how it is done in Quebec. The voter turnout rate is 7% to 8% higher in Quebec elections than it is in federal elections. Why are we not using the approaches that have been tested and proved in other democracies, so that we can more forward? I find it hard to understand the parties that do not support this approach, which has the advantage of being more transparent.

The second amendment concerns the coming into force of the whoe polling management system: allowing representatives to provide the political parties with a list of electors who have exercised their right to vote. That list will be available every 30 minutes. That is good. Under the bill, that section of the act was to be brought into force two months after the bill was given royal assent. In a virtually authoritarian move, the Senate has now told us that it will be 10 months after it comes into force.

Once again, I find it very hard to understand how a Senate that is not even elected could tell us that part of the work done by the committee was for nothing. The bill was introduced and agreed to by a majority in this House. Nevertheless, the Senate is deciding when that part of the act will come into force. Once again, this is to facilitate voting. The point is that having this list of electors who have exercised their right to vote available every 30 minutes is useful to the various political parties. The sheet is available to all parties, and only the voter numbers are released. And there is nothing on that sheet. There is no date of birth. The sheet shows only who has voted in the preceding half hour. Using the voter numbers for each polling station, the parties' representatives who are getting the vote out can bring in people who have not yet voted.

Once again, this already happens in Quebec, and it is one reason why voter turnout in Quebec for provincial elections is higher than the turnout for federal elections. When this House had decided that this measure would take effect two months after royal assent, in time for the next election campaign, why has the Senate taken the liberty of deciding that it will take effect in 10 months, at the risk that this measure will not be in effect in time for the next election campaign? I have a problem with the fact that the unelected Senate is interfering in our election campaigns. What gives it the right? It has no right at all to make such a decision. This is none of its business. Its job is to approve this bill to amend the Canada Elections Act. The bill was adopted by the majority of members of this House and would come into effect in time for the next election campaign. Why did it do that? Maybe it is because, one day, the senators hope to be elected by universal suffrage. I hope we will get rid of the Senate before that day comes. That will save us a lot of money and give us a true, uncomplicated democracy centred on the House of Commons.

Obviously, the goal of the Bloc Québécois was to take part without political partisanship in order to improve Canada's democratic system and the system in our own nation, Quebec. It is as simple as that, and that is what we have tried to do with our strong political organization. We have told our colleagues that they must never forget that in Quebec, the Bloc Québécois has the best political organization, one that has proven itself time and again since 1993 and has sent more members from Quebec to this House than any other party.

Canada Elections ActGovernment Orders

June 18th, 2007 / 12:45 p.m.


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Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, I will be sharing my time with the member for Argenteuil—Papineau—Mirabel.

We are presently discussing amendments made by the Senate to Bill C-31. I would like to start off by reminding members that although we agree with Bill C-31, we feel that the Senate amendments have scuttled the efforts made by all parties, in committee particularly, to find consensus. Therefore, the Bloc will oppose the government motion that includes the amendments made by the Senate, along with some welcome changes.

We were and we still are in favour of Bill C-31 as adopted here in the House, at all stages. For the Bloc, it is extremely important to ensure that we have as many means as possible available to prevent electoral fraud and the errors that can be made in electoral lists. According to the Bloc, it is quite appropriate and desirable that electors to be able to identify themselves when required, in order to ensure that the right elector is voting and that one elector does not take the place of another.

In the past, individuals have arrived at the polling station and found that someone else had voted in their place already. That was just too bad for them; the vote had been cast. A certain complacency had set in, particularly with regard to procedures for federal elections, and especially in Quebec.

Over the years, more tools have been introduced to minimize, if not completely eliminate, electoral fraud. As I mentioned previously, we find it quite desirable that potential voters identify themselves to ensure that the right person is voting. We believe that it is reasonable for the date of birth of electors to be made available on the electoral lists in order to verify firsthand that the person voting is who they are believed to be and whose name appears on the electoral list.

It was proposed that Bill C-31 be amended to ensure that electoral lists given not only to the officials—the deputy returning officers and poll clerks—but also to the political parties, contain this information, as is the custom in Quebec. We believe that this is an additional tool to help prevent electoral fraud.

On election day, if they wish, the political parties are allowed to have representatives at the polls who follow the progress of voting and who can, if necessary, make some telephone calls. Most Bloc Québécois candidates take advantage of that opportunity. Supporters can then get out and exercise their right to vote. Perhaps they had forgotten or did not feel like it at the time, especially if they had any obstacles to deal with, such as transportation and so on.

We think it is entirely reasonable to add the date of birth to the various information needed to authenticate the identity of voters. The Senate decided to amend that, making the date of birth available to government employees, returning officers and poll clerks, but not to political parties. We feel this would eliminate an important tool in preventing voter fraud. I would remind the House that this was, and still is, one of the main objectives of Bill C-31.

In the spirit of compromise, the Bloc Québécois proposed that at least the year of birth be made available, so that party representatives at the polls could have a rather simple indication of the validity of the identity of voters. If the year of birth is 1955, for example, we know right away that this is not a young adult, nor is it an older senior. The age of 52 does not exactly make someone a spring chicken, and I should know. In any case, we thought this was a reasonable compromise.

As far as the political parties are concerned, personally, I felt during the discussions and conversations we had that there was some openness. It seems that, if Bill C-31 were sent back to the Senate with a different amendment—so that the date of birth would no longer be available to the political parties, but just the year of birth—the government was afraid that it would turn into a ping-pong match between the Senate and the House of Commons.

In my opinion, if that is the reason it is a bad reason. Indeed, the government and the majority of members in this House agree that the representatives of the political parties should have access to this information, namely, the year of birth. It is not a case of elements of confidentiality and personal information that are not available. Usually, it is rather easy to guess a person’s age.

In order to avoid this game of ping-pong between the House of Commons and the Senate, we must remind the hon. senators—as the Leader of the Opposition did concerning the budget—that once a bill has been adopted here in this House, the job of the Senate is to ensure that the members have dotted the i's and crossed the t's. However, to poke around in the very content of the bill seems to me to go beyond the responsibilities that belong to an unelected Senate.

So, we very much regret this decision by the government not to insist that the year of birth be included, at least for the benefit of the political parties. That is the reason why we will vote against the government motion, which accepts the Senate's amendments as its own.

As we know, the other amendment is the one that extended from two months to eight months the deadline for the coming into force of the register with a unique and permanent identification number.

In our view, the arguments made by the Chief Electoral Officer, which led the Senate to extend the deadline for implementing a unique and permanent identification number from two months to eight months do not hold water. In that sense, we believe that we could have asked the Chief Electoral Officer—perhaps in the space of four months—to ensure that a unique and permanent identification number be used for each voter in the next election. In that regard, the six month timeframe is not suitable to us but nevertheless it could be considered an improvement over the amendment made by the Senate.

This also has a definite impact on the work that political parties could do. If there is no unique and permanent identification number, Bill C-31 will make it possible to have cards that will let political parties follow the progress of voting on election day and know who has voted and who has not.

As long as most of us know who our supporters are, we can be sure that they will vote. So this measure will be a major incentive for parties to “get out the vote”, as we say.

This can only increase overall voter turnout in the next election and in future ones. We know that the higher the voter turnout, the better the democratic health of a society. The opposite shows that there are problems. We participated in a debate on this topic in connection with Bill C-31.

Taking six months to implement this procedure is the lesser of two evils. We can hope that we will have these tools for the next election. However, we are very disappointed that the government is not pushing to keep the year of birth of voters on the electoral list, so it is available to all political parties. We succeeded in convincing the government, but unfortunately the Senate—I will not say destroyed, because that would be a bit too strong—contravened the agreements between the different parties, in a way which I think was completely inappropriate.

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June 18th, 2007 / 12:40 p.m.


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Liberal

Blair Wilson Liberal West Vancouver—Sunshine Coast—Sea to Sky Country, BC

Mr. Speaker, definitely voting is a right. Many of our grandfathers have died fighting for that right and maintaining it. As parliamentarians, we have to ensure we maintain the integrity of that right as Canadian citizens to vote in elections.

At the same time, we have to be cognizant of the fact that our society is evolving and things are changing. One of the ways it is changing, and we have yet to address it in Bill C-31, is we are becoming much more of a technological age now. This is something we have to be cognizant of when we discuss the future.

People are on the Internet on a daily basis. Other organizations are using the Internet to electronically vote. We have to be thinking ahead right ow at a time when possibly elections in Canada will be held electronically. We have to ensure we have systems in place to deal with that. One item in the bill, which anticipates that coming into phase, is having the unique identification number granted to each individual in Canada.

I am going out into the future here and thinking outside the box, but someday Parliament may decide that Canadian elections can be done over the Internet, if that is the will of the Canadian people and if it is something that will enhance the integrity of our system and help to increase voter turnout.

One of the things we notice right now is young people vote in a disproportionately lower number than those who are over 60 for example. We have to do whatever we can as parliamentarians to ensure we cast a big enough net to have everybody participate in the electoral system. Some of the things the bill would offer is anticipating the future of the Canadian electoral system.

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June 18th, 2007 / 12:30 p.m.


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Liberal

Blair Wilson Liberal West Vancouver—Sunshine Coast—Sea to Sky Country, BC

Mr. Speaker, it is an honour to stand in the House to debate the bill before us, Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act.

I believe the central issue of the bill hinges upon two points of view. One is the protection of privacy of the individual Canadian and the other is an increase the integrity and efficiency of our electoral system.

I believe the amendments from the Senate are appropriate and measured. We are dealing in the minority government situation, but we have a consensus around the amendments to the bill, which I believe will adequately protect the right of individuals privacy and at the same time will go a long way to improve the efficiency of our electoral system by enhancing the voter identification process.

The amendments will remove from the original bill references to the year of birth and to the date of birth, but will include the creation of a unique, randomly generated identifier for each electoral person, which will then be assigned to the Chief Electoral Officer to monitor.

The amendment will allow parties and Canadians to feel confident in our system. They will know that our process will allow for enough transparency in the system. At the same time we will have a reasonable and balanced approach to ensure we have a system about which Canadians can be confident.

During the last election, some issues and concerns were raised in the urban areas in Toronto, I believe it was Trinity—Spadina. Allegations were made that there may have been voter fraud. Some 10,000 Canadians signed up on the day of the election, through a process of serial vouching. People would vouch that the other people were who they believed them to be, then those people could vouch for other people and then those other people could vouch for other people. As this string of serial vouching went along, from a reasonable individual's point of view, there had to be some lapse in the integrity of that string.

I believe the bill tries to deal with those concerns in such a way that one Canadian can vouch for somebody else, but it eliminates the serial process of vouching, which I believe is a good thing.

One of the hon. members earlier in the discussion today raised a concern with respect to the proof of identification. I remember I stood in the House when we originally debated the bill and I talked about the requirement of the acceptability of first nations status cards as proof of who an individual was to allow the person to vote.

The issue we have is a delicate one. We are walking a fine line trying to ensure we are improving the integrity of the system by requiring valid identification from Canadians before they can vote. At the same time, we ensure we open up the process to enough Canadians so we have broad participation in the system.

We have a unique situation. Because we have a minority government, we have parties from both sides of the House agreeing on the amendments to the bill, on the balanced and reasonable nature of the bill and on the enhancement and the transparency of the process. It is a good thing for Canadians that Parliament agree, like we have on this. I look forward to the bill being carried and put into law.

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June 18th, 2007 / 12:25 p.m.


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Conservative

Peter Van Loan Conservative York—Simcoe, ON

Mr. Speaker, none of the amendments that we are responding to today in dealing with this message from the Senate are related to the issue that has been raised by my friend from Parkdale--High Park. Her concerns were thoroughly canvassed at second reading, at committee, at report stage and third reading.

We have gone there and now we are dealing with some other amendments, none of which relate to the issues she has raised. However, I am happy to address the issue of ensuring the integrity of our electoral process, which is the underlying purpose of Bill C-31.

Society has changed a lot. There used to be a time, and we can still see evidence in some of our old election rules, when people grew up and lived in the same neighbourhood all their lives. They knew all their neighbours, so the ability to commit any kind of electoral fraud was very difficult. People in the neighbourhood would know if someone showed up and said they were so and so. They would know that the individual was someone else. That was the way it was in the olden days. Nowadays, with the mobility of population as high as it is and people not knowing their neighbours as much, the opportunity to succeed in committing that kind of electoral fraud is much higher.

All of the political parties shared a concern about that. At least three out of the four political parties felt strongly enough about that concern to support this bill and its major provisions through the key stages here in the House of Commons.

It is a question of ensuring that we have an electoral process in place that people can trust, so that we do not have these problems and end up trying to resolve them after we have a hung Parliament that has been decided by two constituencies where there has been clear electoral fraud and our entire political system grinds to a halt. This bill is to keep that from ever happening, to protect the electoral integrity that we have, to ensure that electoral fraud does not occur, and to put in place reasonable and balanced measures.

Asking for people's identification is not outrageous. Every election dozens of voters tell me they are shocked that nobody asked for their identification when they went to vote. They said anybody could have said they were them and they would have been able to vote. More and more people are beginning to figure that out.

If we do not bring this provision into place, it will not be long before we see that kind of electoral fraud and the harm that could do to our democratic parliamentary system would be very dangerous.

Canada Elections ActGovernment Orders

June 18th, 2007 / 12:20 p.m.


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Conservative

Peter Van Loan Conservative York—Simcoe, ON

Mr. Speaker, I think that the member made some good points. This approach is conceivable as long as the rules governing voters lists are respected.

Certainly, we would like to see this information out there. Our concern, when we first approached it in government, when the inclusion of birthdates on the list distributed to the parties was first proposed by the opposition at committee, was that we cannot necessarily expect that people will respect these lists. These lists do get into other hands and there is a possibility that they would get into hands where we would not want them, and that would produce an increased risk of identify theft.

On the other hand, obviously it would make it easier for political parties because, beyond Elections Canada, they are a very important part of the process of scrutinizing the vote. That is why they are called scrutineers, to ensure that electoral fraud does not take place. That is why we provide for each party to have oversight at each polling station.

From that perspective, it would add something to the system. What we have to do is balance these two very legitimate and competing objectives.

In our case, we thought that balancing those two was a very close call. At the end of the day, the approach that we have adopted is one of seeking consensus and seeking the compromise here in the House in order to have this bill become law.

Our main objective is to see Bill C-31 become law in Canada.

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June 18th, 2007 / noon


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

moved:

That a message be sent to the Senate to acquaint their Honours that this House agrees with amendments numbered 1 to 11 made by the Senate to Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act;

And that this House agrees with the principles set out in amendment 12 but would propose the following amendment:

Senate amendment 12 be amended as follows:

Clause 42, page 17:

(a) Replace line 23 with the following:

“17 to 19 and 34 come into force 10 months”

(b) Add after line 31 the following:

“(3) Paragraphs 162(i.1) and (i.2) of the Canada Elections Act, as enacted by section 28, come into force six months after the day on which this Act receives royal assent unless, before that day, the Chief Electoral Officer publishes a notice in the Canada Gazette that the necessary preparations have been made for the bringing into operation of the provisions set out in the notice and that they may come into force on the day set out in the notice.”

Mr. Speaker, it will surprise nobody that I take great pleasure in having the opportunity to speak to the matter of sending a message to the Senate, but today it is to only send a message with regard to a bill to improve the integrity of the electoral process, Bill C-31.

This bill is part of our agenda to strengthen accountability through democratic reform. While it is by no means headline grabbing, the bill proposes a host of necessary changes and timely operational improvements to the Canada Elections Act that many of us welcome. These are aimed at, among other things, reducing voter fraud, because whenever a person votes who should not, that act diminishes a legitimate vote that has been cast.

The genesis of the bill was the 13th report of the Standing Committee on Procedure and House Affairs which was tabled in this place almost a year ago on June 22, 2006. Over the summer of 2006 the government studied the committee's recommendations and on October 24, 2006 implemented virtually all of them with the introduction of Bill C-31. We have introduced this bill because we, along with the committee, want to ensure that the democratic process continues to hold the confidence of Canadians.

The procedure and House affairs committee reviewed Bill C-31 in detail and reported the bill back with some amendments. In the spirit of cooperation and compromise, the government agreed to those amendments that had been supported at committee by the Liberals and the Bloc Québécois in opposition, even though we had voted against those at committee.

There is a key amendment in them. The bulk of the debate when it came to the amendments was about whether or not to include the birthdates of electors on the voters lists that are distributed to political parties and not just those that Elections Canada officials have. As I said, in committee the Conservatives opposed it, but when it came to the House we felt on election legislation of this type it was important to maintain a spirit of non-partisan interest and support across parties, so we gave up our opposition at that point to support it through report stage and third reading and send it to the Senate.

Then, to our surprise, since this was an amendment advanced and promoted by the Liberal Party, the Liberal senators were aghast and horrified that had been included. They chose to return to the original Conservative Party position of not including birthdates. Irony has no bounds when it comes to the Senate and Liberal Senator George Baker actually praised the senators for amending the legislation to take out the birthdate provision because it could have increased identity theft and allowed telemarketers to prey on senior citizens. Then he had the temerity to say that without the Senate, we would have had a bill that would have been a disaster. I guess what he was saying was if it were not for the Liberal Party, we would have had a bill that would have been a disaster, and that comment was from a Liberal senator.

I find that amusing because now we are in the circumstance of undoing what the Liberals in the House encouraged us to do. We went along with it in the spirit of non-partisanship to a point where we are responding to these amendments dealing with the birthdate provision. As I said, when we did it in a non-partisan fashion it was to ensure the bill passed to maintain, when it comes to electoral provisions, the spirit of non-partisanship. The Senate obviously felt differently.

The Senate amendments go beyond that. There are five categories. The first category deals with amendments related to bingo cards, which is what they are called. They are a way of helping scrutineers know who has voted. The second category deals with the coming into force provisions of the act. The third category deals with casual election workers. The fourth category deals with the use of birthdates, which I spoke about already. The fifth category is regarding penalties for the misuse of voters lists. I will address each of these in turn. Before I do that, I will say that this government is proposing that the House accept nearly all of the Senate amendments. However, we are proposing a small change to one of the amendments relating to the coming into force of the bill.

First, there are the “bingo cards”. The first group of amendments makes technical changes to clause 28 in the bill, which provides for so-called “bingo-card” updating of lists of who has voted on polling day. Essentially, this provision allows lists of those who have voted to be given to candidates' representatives periodically on polling day.

These lists can be used by candidates to assist in getting out the vote among their supporters. Candidates and their supporters are already entitled to keep their own lists of who has voted, but this mechanism will make the process more efficient and reduce the burden on candidate representatives at the polls.

Quebec has had a similar system for quite some time, and the name “bingo cards“ comes from the forms used there for this purpose. These forms include numbers corresponding to electors registered in the polling division. These numbers can be easily checked off when someone votes. In this way, the forms resemble bingo cards.

The bingo card provision was not in the bill when it was introduced, but was added by opposition members of the Standing Committee on Procedure and House Affairs when they studied the bill. The government agreed to this amendment in the interests of passing the bill as a whole. The Chief Electoral Officer appeared before the Senate committee studying the bill and asked that the provision be refined for operational reasons.

The senators agreed, and so the provision was amended in two respects: first, to exclude polling day registrants from being added to these lists. Polling day registrants do not have an assigned number and would need to be added to the lists manually, which would be cumbersome for poll clerks.

In addition, the purpose of bingo card updating is to facilitate the process of getting out the vote, which is targeted at registered voters that candidates have already identified through their lists of electors. Therefore, transmitting the names of polling day registrants would not advance this purpose.

Poll clerks will only be required to provide a list of those who have voted once on each advance polling day, after the close of advance polls. This measure will help reduce the administrative burden of the provision without hindering the effectiveness of the process.

The government agrees with these changes, as they will improve the operation of this provision. I therefore support passage of this amendment by the House.

Second, on the coming into force amendments, the provision in clause 42 was modified when the House committee reviewed the bill. Originally the bill was set to come into force within six months following royal assent, unless the Chief Electoral Officer was ready to implement it at an earlier time. This is the conventional approach for coming into force provisions for Canada Elections Act amendments.

After hearing from the Chief Electoral Officer, the House committee amended clause 42 to extend to eight months the coming into force of the provisions dealing with the national register and list of electors due to the need for updating computer systems at Elections Canada.

In addition, the House committee amended the bill to provide that the other provisions not related to the register, such as the voter identification provisions, would come into force within two months after royal assent. That is fairly easy because those are things that the elections officials already have to be trained to do in the cases where they now have to apply a reasonableness test for requiring identification. They will have to require it all the time. We are actually taking out a step, and therefore, it should not be hard to implement that.

Before the Senate committee the Chief Electoral Officer advised the implementation of the provisions related to the register would actually require 10 months rather than 8 months for implementation to allow time for thorough testing of computer systems. Therefore, the Senate amended clause 42 to allow 10 months for the coming into force of these provisions.

In addition the Senate made an amendment to clause 42 to clarify that the other provisions, such as the voter identification provisions, must come into force within two months of royal assent despite section 554 of the Canada Elections Act, which is the section that says that the six month implementation applies. This would clearly be contrary to the intent of the House committee in requiring that certain provisions of Bill C-31 should come into force within two months of royal assent. That is why we are going with it. The technical amendment ensures that this intent is realized.

The government agrees with these two amendments from the Senate relating to the coming into force provisions. I propose that the House accept these Senate amendments.

However, I should make clear that there is one we have problems with. The Senate also amended clause 42 to include the bingo card provisions I mentioned earlier within the group of provisions coming into force within 10 months from royal assent.

The rationale was that this change is affected by the register and it needs the same amount of time to implement as the other changes to the register. However, as we all know, there are already line numbers included on the list which are used by campaign volunteers to monitor voting and get out the vote on election day.

In light of the other amendments that we have accepted for facilitating the operation of the bingo card system, we do not see why it would take months to implement these new provisions. Therefore, I am proposing that this amendment by the Senate be amended by the House to require that it come into force within six months from royal assent. Assuming the bill received royal assent some time this month, that would be in place for any election that would occur within the year 2008.

The third set of amendments is related to casual election workers. The government in the Senate proposed this third set of amendments. The amendments deal with the issue of the maximum period of employment for casual workers in Elections Canada.

When introduced, Bill C-31 amended the Public Service Employment Act to permit the Public Service Commission to extend the terms of casual workers beyond the 90 day per year maximum period that is currently set out in the act.

As was very cogently explained by the president of the Public Service Commission before the Senate committee that studied Bill C-31, it is her opinion that the Public Service Employment Act does not provide the necessary authority to allow the terms of casual workers to be extended.

The situation of elections particularly in a minority parliament context clearly demonstrates that it is sometimes necessary. Personnel at Elections Canada nearly doubles during an election and the organization depends heavily on casual workers with previous election experience. In the context of successive minority parliaments, Elections Canada must be prepared for a potential election call with little advance notice. As well, there is the potential of running more than one general election in a year.

Bill C-31 as passed by the House of Commons would have addressed this issue. As well, it would have permitted the Public Service Commission to respond on a case by case basis to other situations where casual workers may need extended terms such as the running of a census by Statistics Canada.

However, senators raised concerns in committee with the scope of the regulatory power because it was not confined solely to the elections context. As a result the committee defeated these provisions.

Given the importance of this matter to the effective administration of elections, the government responded with the introduction of amendments at report stage in the Senate to restore the amendment to the Public Service Employment Act, but to circumscribe it so it would apply only to election workers whose maximum term would be set out in the statute at 165 days. This amendment was then passed by the Senate.

It is vital to our democratic process that Elections Canada has the personnel and resources it needs to administer elections effectively and efficiently. This amendment would facilitate that objective and I urge all members to support me in passing it.

The fourth issue and fourth set of amendments deal with the issue of birthdates on the lists of electors.

As hon. members will recall, when Bill C-31 was first introduced it provided that the dates of birth of voters should be added to the lists used at advance and regular polls by poll workers only. These poll workers could use the date of birth as another tool to ensure the integrity of the vote. For example, they could use it to confirm the identity of voters or to differentiate between voters with the same name. In accordance with the recommendation of the Standing Committee on Procedure and House Affairs in its 13th report, Bill C-31 did not provide for the dates of birth to be included on the lists distributed to candidates, MPs and parties.

When the bill was sent to the Standing Committee on Procedure and House Affairs after second reading, the Bloc and Liberal members of the committee passed an amendment to add dates of birth to lists distributed to candidates, MPs and parties. The Conservative members voted against this amendment in committee. However, we supported the bill as a whole when it returned to the House for passage because we recognized that sometimes compromise is needed.

When Bill C-31 was in the Senate, senators disagreed with those opposition amendments and effectively restored Bill C-31 to how it was when introduced—in other words, by having the date of birth on lists used by poll officials, but not on lists distributed to candidates, MPs and parties.

Obviously, the government is amendable to this change. It was never our intention to distribute birthdates more broadly to political participants.

Therefore, we propose supporting these Senate amendments as well. That said, in a minority Parliament, this is not our choice alone and it will be up to opposition members to decide.

I must say it is remarkable because I personally had to go to that Senate committee and defend the Liberal amendment to put the birthdates on the lists from Liberal senators who said it was shocking and abhorrent. Again, Senator Baker said that “Without the Senate, in this particular instance, we would have had a bill that would have been a disaster”. The Liberal amendment would have made the bill a disaster, so the Liberals in the Senate have changed it.

We just want to get along with everybody. We are trying to make things work. We have been trying to seek consensus on this one and I know we keep going back and forth, and I keep going to the Liberal House leader seeking consensus. I think we now have a consensus, or a partial consensus, but at least one that the Senate will accept.

I know members from the Bloc are not happy with it and I know it restores our original position which we were willing to give up in the spirit of compromise because that is indeed the spirit I and this government have always tried to pursue in the House. That is what we will be doing and I am pleased that eventually that game of ping-pong between the Liberals in the House of Commons and the Liberals in the Senate, on this issue at least, will change.

I hope that it can change on Bill S-4, the Senate term limits bill, and hopefully the Liberal senators will listen to their leader and actually make the decision to move forward with that. I also hope in regard to the budget that they would respect the will of the House of Commons, but that remains to be seen.

The fifth issue relates to the higher penalty for misuse of voters' lists. The fifth last and last group of amendments arose out of the Senate's discussion on the distribution of electoral lists generally. Currently, the Canada Elections Act provides that anyone who knowingly misuses personal information on the lists of electors is guilty of an offence. The penalty for that offence is set at a maximum fine of $1,000 or up to three months imprisonment, or both. The Senate proposes that this be increased to a maximum punishment of a $5,000 fine and one year imprisonment.

In an era of increasing identity theft there should be serious penalties for the misuse of personal information, particularly when obtained through the electoral process. The proposed amendments would provide a better deterrent to those who may be tempted to misuse personal information on the lists for financial gain. Therefore, I am in agreement with those amendments and I propose that they be accepted by this House.

I proposed that many messages be sent to the Senate, but on this occasion I am proposing we send a message advising that the House accepts amendments 1 through 11, but that amendment 12 be amended further to provide that the bingo cards come into force within 6 months from royal assent rather than 10. It is my hope that this important bill with these changes can be given royal assent before the summer recess.

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.

These amendments before us today propose refinements to the bill and I hope they can be dealt with quickly, so this bill can be passed into law. It is our responsibility as parliamentarians to ensure that the electoral process is updated so that it operates with the integrity that Canadians expect. The sooner that we pass this bill, the sooner its provisions can be implemented and our democratic system strengthened.

Business of the HouseGovernment Orders

June 14th, 2007 / 3:10 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, I will be happy to address that in the affirmative in a moment but there is more that we should know about in terms of the business we are doing.

We will continue today with Bill C-42, the quarantine act, Bill C-58, the railway transportation bill and Bill C-21, An Act to amend the Criminal Code and the Firearms Act (non-registration of firearms that are neither prohibited nor restricted).

Tonight we have the emergency debate pursuant to Standing Order 52 that the Speaker has determined should proceed.

On Friday we will call Bill C-33, the income tax bill and Bill C-6, the aeronautics bill.

Next week is got the job done week when the House has completed the nation's business for this spring's session. During the got the job done week we will continue and hopefully complete the business from this week, as well as some new legislation and legislation that will be out of committee or the Senate.

The list of bills that are currently on the order paper, in addition to those I have identified for this week that I would like to see completed by the House before the summer recess are: Senate amendments to Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act.

There are also the following bills: Bill C-32, An Act to amend the Criminal Code (impaired driving) and to make consequential amendments to other Acts; Bill C-44, An Act to amend the Canadian Human Rights Act and Bill C-53, An Act to implement the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention).

Another bill includes Bill C-54, An Act to amend the Canada Elections Act (accountability with respect to loans).

By the end of next week, Canadians expect that the Senate will have completed its consideration of budget Bill C-52 without any amendments so that they can relax for the summer with the knowledge that $4.3 billion in the 2006-07 year end measures will be in play.

If there are amendments, we will have to be here in the House to respond and protect measures that might otherwise be lost, such as a $1.5 billion for the Canada ecotrust for clean air and climate change; $600 million for patient wait times guarantees; $400 million for the Canada infoway; $100 million for the CANARIE project to maintain the research broadband network linking Canadian universities and research hospitals; $200 million for protection of endangered spaces; and much more.

Extension of Sitting HoursRoutine Proceedings

June 11th, 2007 / 3:10 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, I move:

That, pursuant to Standing Order 27(1), commencing on Wednesday June 13, 2007, and concluding on June 21, 2007, the House shall continue to sit until 10 p.m.

He said: Mr. Speaker, this is a motion that can be made one day a year, not on Christmas Day or Ground Hog Day, but this day, the 10th sitting day before June 23. It is a motion that can be made to allow the House to sit late into the evening.

I know that many members, when they look at that portion of the calendar and they see possible extension of sitting hours, they think that means we get to leave early for summer vacation, but that is not what it means. What it means is that under the Standing Orders of the House we can potentially sit and work late to get as much of the people's business done as possible because there are very important priorities for Canadians.

I will bear my soul here and say that it was not always my intention to move this motion. It was my hope that it would not be necessary. I was hoping that we would be making good progress.

For example, Bill C-52 in particular, the budget implementation bill was a bill which we believed we had an understanding with the other parties; in fact it had been shaken on by the member for St. Catharines, the member of the Liberal Party for Scarborough and others that it would be over to the Senate by June 6. Somewhere along the way the Liberal Party sought to treat it a little bit differently and as a result we are still debating it here almost a week later than the date we thought it would be over at the Senate. As a result of course we have lost considerable time to deal with other priorities for Canadians.

I want to talk about what those other priorities for Canadians might be, but first I want to focus on that number one priority which is Bill C-52, the budget implementation bill. As we have heard from many people in the House today, if that bill does not pass by the time the House rises for the summer, if that bill has not been dealt with, there are a number of financial priorities on issues that are very important to Canadians that will be lost, because it is a bill that reaches back to the previous fiscal year to spend funds. Those funds have to be allocated. The bill has to be passed and receive royal assent in order for those funds to be available in that fashion. If not, they are lost.

Some of those examples are ones which we have heard about today. The one that is at the top of my personal list is the $620 million in the budget for the patient wait times guarantee trust. This is money that is allocated to assist provinces in addressing what is one of our number one priorities—actually one of our top five priorities; I should put it that way—from the last election. That priority is to achieve a patient wait times guarantee, to help people get the kind of health care they need on a basis that is reasonable, that is practical, that is clinically sound.

For too long we saw patient wait times under the previous government actually double in length. We have this much vaunted Canadian health care system that we all purport to believe in, but if we really believe in it, we have to see that it works. An important part of it working is that Canadians should receive the health care that they need on a timely basis. That is what the $612 million is specifically aimed at.

The provinces are very anxious to receive these funds. It means a great deal for a lot of provinces. In my own province of Ontario that means $200 million plus of real money that Ontario needs for its health care system. The same thing, together with other elements, will mean for the province of Nova Scotia for health care $639 million including the transfer there. There is similar money throughout the country.

We are talking of significant funds. There are other elements in the budget. Much of that transfer will not be lost, as I said, because it is in the main budget funds, but the patient wait times guarantee money, that $612 million, is money that will be lost if we do not deal with that on a timely basis.

Another one that is very important is the $1.5 billion for the clean air and climate change trust. That is to help the provinces implement their plans to reduce greenhouse gases. It is very important.

On January 4 of this year, the Prime Minister addressed Canadians and identified what our priorities would be in government this year. One of those major priorities was to take real action on the environment. We have just seen that at the G-8 summit. In the summit declaration Canada's approach is an approach that is drastically different than it was for 13 years under the previous government when greenhouse gas emissions rose dramatically regardless of the commitments it took on. Now we have a national plan that results in real reductions, an actual plan that does that in both the short and medium term but also very importantly in the long term.

It is that approach by the Canadian government that was hailed as an example not just by world leaders, by other G-8 leaders, but by journalists from around the world, by special interest groups. The World Wildlife Fund, for example, issued a statement heralding Canada's approach as a model. The reason it is held out as a model and an example is it is an approach that can be used regardless of how lousy one's track record may be. This is important for a lot of the major emitters that had not been part of the arrangements up until now or did not have obligations under Kyoto to implement, major emitters like China, India, Brazil and the United States, to get them to the table and realize that if we are going to take on the challenges of addressing greenhouse gas emissions and turning around the risk of climate change and what it can potentially do to our world, we are going to have to take action in the long term. That is the approach of Canada that is being held as a model.

An important critical component of that approach is to engage and involve the provinces and ensure that they have in their hands the resources they need to be able to deliver. A big part of that is that $1.5 billion of ecotrust money, the clean air and climate change trust money. I underline that if we do not get Bill C-52 passed in time, that money will be lost.

This is where the delay and obstruction that the Liberal Party in particular has been conducting has been very harmful to the interests of Canadians who care about the environment, and in fact even those who do not care about the environment, because even if people do not care about it, it does affect them. It is important for all Canadians that they have that healthy environment.

Another example of the money that could be lost if Bill C-52 is not approved, if the Liberal obstruction is successful, is the $400 million for the Canada Health Infoway project. This is state of the art technology so that people can have better health care, taking advantage of technology to improve our health care system. This is something that is very important for the provinces to be able to deliver on the health care for Canadians, for their residents. Again if the Liberals are successful in their delay and obstruction plan this is something that will be lost if the bill is not dealt with and does not receive royal assent in the near future.

There is another one that is of particular of interest to me because it does affect residents in my part of Ontario. In fact the announcement was made in York region where I live and where my constituency is. That is the $225 million to protect endangered spaces, working in conjunction with groups like the Nature Conservancy of Canada to acquire sensitive lands that otherwise might be lost to development, or if not to acquire them, to put in place the kinds of conservation easements to ensure that they will be protected in their natural state for the foreseeable future, for as long as our legal regime remains in place, which is basically for as long as life continues as we know it. That money is very important but that money and the potential to protect those endangered lands will be lost if we cannot get the budget implementation bill passed in the appropriate time.

I also want to talk about the $30 million going to the Rick Hansen Foundation. Rick Hansen is the man in motion, a great Canadian who rolled his wheelchair around the world. He is a very strong personality and a great activist for his cause of spinal cord research. He suffered an injury but he showed that it did not hold him back and he did his around the world tour. I think it was in 1984 when he started his tour, which was an inspiration to all of us. The ongoing work of the foundation from the money he raised then is important. There is $30 million that we would like to see dedicated to that foundation. That $30 million would be lost if the Liberals have their way and they delay and obstruct this bill past the deadline we are dealing with.

For all of those reasons, the budget implementation bill is very important, not just because we want to see it passed, and that is a good reason, but there are actual, real consequences with a ticking clock, because of the fact that a significant amount of the funds are anchored in the previous fiscal year before March 31. That means we have to pass it before the books are closed. Basically we have to get royal assent. We have to get it all the way through before the folks here on Parliament Hill go home to their ridings for the summer. In order to do that, we want to see the potential to deal with this bill for as long as we need to.

I might add that we had hoped to be debating many other bills but the Liberals have chosen to delay this budget implementation bill in every way possible and for as long as they can, as we have seen in the House today and as we saw last Friday and so on. We have tried other measures to speed things along but they have stepped in to block them every time.

The other important bill that we need to deal with is Bill C-23, a Criminal Code amendment. Our justice agenda is very important, and Bill C-23 is a bill to update the Criminal Code provisions. It has come back to the House from committee and it is now at report stage. We would like to deal with that quickly but we will need some time in the House.

Similarly, we are expecting to see Bill C-11 on transport come back from the Senate with amendments. We will need to see whether this House agrees with those amendments or not. Bill C-11 is an important bill that has been around a long time, as members can see by the number, and we have been waiting for about a year to deal with it.

We also have Bill C-31, the election integrity bill. It is in the Senate and the Senate has indicated a desire to make some amendments to the bill. We and, I think, all parties would like to see that bill in this place, or at least three of the parties in the House would. The bill was amended at committee and we, as the government, accepted the amendments proposed by the Liberals and the Bloc.

Unfortunately, the Liberals in the Senate had a very different view of how the bill should work from the Liberals in the House of Commons. The Liberals in the Senate are actually getting rid of the House of Commons Liberal amendment on how to deal with the lists and the disclosure of information to political parties. They actually changed it to a position that was identical to what the Conservatives had originally proposed at committee.

As a result of the Liberals in the Senate deciding that they do not agree with the Liberals in the House of Commons, it means that we as the House of Commons need to deal with that bill one more time once the Senate has dealt with it.

We are waiting for that little ping-pong game between the Liberals in the Senate and the Liberals in the House of Commons to come to an end. When it does end, hopefully we can achieve a resolution on which we can all agree to ensure that future elections will proceed with a greater degree of integrity and probity, something that is very important to all parties and all members of this House.

Another bill that has come back after a long stay at committee is Bill C-42, the Quarantine Act, a very important bill on health matters and something we would like to deal with.

I know of one bill that the opposition House leader, the member for Wascana, has been very generous in showing a willingness to fast track and deal with very quickly and we are hoping to have it at report stage in the House very soon. I think we are in a position where we can do that very soon. I know other parties want some level of scrutiny so the very generous offer of the opposition House leader was one that we took up, but not everybody did. We can seek to get it passed through as many stages as possible in the House as quickly as possible. The bill I am talking about is the one dealing with Olympic symbols. I would like to see it dealt with on the House of Commons side and then go to the Senate.

That is an important bill for the folks who are putting together the 2010 Olympic Games in Whistler and Vancouver. It is important because it deals with copyright, trademarks and the like. We all know how challenging it is to put on these kind of games in this day and age and the ability to protect copyrights, to deal with merchandise and to generate that revenue to support the athletes, the games and the legacy venues that will be constructed as a result of that is important to the people who are involved, whether it be the athletes, the organizers or the people in those communities who will benefit from the legacies.

We are also waiting on other bills, such as Bill C-51, the Nunavik Inuit land claims, and Bill C-59 on video piracy. Bill C-59 was just introduced but the newspapers are saying that it is an important bill because it would create some meaningful consequences for people who engage in the illegal video taping of major films with the ultimate objective of putting them on the black market to sell them illegally without the copyright rights to it. That is something that has been hurting the film industry.

In places like Vancouver and Toronto, in fact all across the country, the film industry has become very important, but those places in particular. It is important that Canada maintains its credibility within that industry and that we support our artists and the people who give value to that intellectual property and that we show leadership as a country in protecting it.

In the future, as we move away from manufactured goods and products to the kinds of services that have more to do with intellectual property, we need to be seen as real leaders in that regard. As I said, media reports are suggesting that all parties actually support Bill C-59, which is why we would like to move it quickly.

Another bill that we recently introduced would support the Red Cross/Red Crescent in the adoption of a new symbol. We need to do that here in Canada through legislation because of a charter that exists. The bill would create an additional non-denominational symbol, which is the Red Crystal, that can be used through ratification of a treaty. If the Red Crescent symbol or the Red Cross symbol creates some discomfort with the local population, the Red Cross/Red Crescent Society would be able to use the Red Crystal symbol as an alternate symbol, which is why as a country we need to recognize and ratify that it would have all the protections under the Geneva convention so that anyone would respect it. However, there would be consequences if people misused the symbol in trying to conduct an offensive military operation. The symbol would need to be used for the purpose intended, which is to protect and save lives in difficult scenes around the world.

All of the bills I have spoken about are on the House calendar. Some are in front of us and we would like to deal with them but others are still at committee.

I did not even speak to the first nations land management, which is a bill that was launched in the Senate.

We would like to see the passage of some bills that are still in committee and which we would like to see back from committee. We thought some would come back a little bit sooner, such as Bill C-6, the amendments to the Aeronautics Act. The committee has been doing clause by clause on Bill C-6 for almost a month now. I am glad to see that the committee is being that attentive but it is a bill that is important and we would like to see it.

The bill that I hope the committee deals with soon is Bill C-32 on impaired driving. I have spoken about the importance of justice and making our streets and communities safer. It was one of the five cornerstone priorities of the Conservatives when we ran in the last election. It was restated on January 4 by the Prime Minister as another priority.

I should acknowledge that we have had some good progress on getting some of those justice bills through the House but it was not easy. Some of them, like Bill C-10 dealing with mandatory penalties for gun crimes, stayed at committee. If one were to listen to politicians speak, one would think there is a consensus on the importance of mandatory penalties for gun crimes. Even the Liberal Party in the last election had that as one of its key elements in its platform.

However, when it came to committee, things were a little bit different. The Liberal Party actually gutted the meaningful parts of the legislation and it held up the legislation at committee for 252 days. Fortunately, that time is past and, thanks to the support of the New Democratic Party, we were able to put some teeth back into that legislation and make it meaningful. The legislation now contains some meaningful mandatory penalties for those gang members and crooks who want to terrorize our communities with guns and commit violent acts. They will face real consequences. When they commit an offence like that they will go to jail. There will be no more “get out of jail free” card and no more house arrest as a solution. They will actually serve real jail time for some of those offences. Where there already were mandatory penalties, they will be tougher and stronger mandatory penalities so that we can take real action.

I know these are important justice issues for Canadians, and that the gun legislation is a part of it, but the other bill that we are waiting for from committee is Bill C-32 on impaired driving. It is very easy to deal with impaired driving on alcohol right now because we have breathalyzers and standards. However, a much more difficult element is driving impaired through the use of other illegal substances, such as controlled or narcotic substances, or, in simple terms, drugs. People who use and abuse drugs and then proceed to drive a vehicle are just as impaired, if not more impaired, as someone who has consumed excessive alcohol. The consequences in terms of the risk to other drivers on the road are just as great. It can change the lives of a family if someone were to die or become injured. The lives of a family could be absolutely shattered when an accident occurs because of that kind of behaviour.

Business of the HouseOral Questions

June 7th, 2007 / 3 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, today we will be continuing with the business of supply.

Tomorrow we hope to conclude third reading of Bill C-52. In answer to the question on priorities, I would point out that Bill C-52, the budget implement bill, is the number one priority of this government. We can talk about other priorities after we see an indication that it will be heading for royal assent. If we do not have it, it will result in the loss of $4.3 billion in 2006-07 year end measures which include: $1.5 billion for the Canada ecotrust for the provinces; $600 million for patient wait times guarantees; $400 million for Canada Health Infoway; $200 million for protection of endangered species; $30 million for the Great Bear rain forest; $600 million for labour market agreements for the provinces; $30 million for the Rick Hansen Foundation; $100 million in aid for Afghanistan; $100 million to Genome Canada; and so on. It is a long list of important priorities financing that will be lost if the bill is not passed by the end of this session in June. That is obviously our number one priority.

Next week will be getting things done for all of us week when we consider a number of bills that are in their final stages of the legislative process.

The following bills will be placed under Government Orders for debate: Bill C-11, An Act to amend the Canada Transportation Act and the Railway Safety Act and to make consequential amendments to other Acts, which the Senate reported with amendments and which is now back before the House to receive the approval of the members, and Bill C-23, An Act to amend the Criminal Code (criminal procedure, language of the accused, sentencing and other amendments).

We are awaiting the Senate's report with amendments on Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act.

Bill C-33, An Act to amend the Income Tax Act, including amendments in relation to foreign investment entities and non-resident trusts, and to provide for the bijural expression of the provisions of that Act, Bill C-42, An Act to amend the Quarantine Act and Bill C-47, An Act respecting the protection of marks related to the Olympic Games and the Paralympic Games and protection against certain misleading business associations and making a related amendment to the Trade-marks Act, will probably be passed by the House at third reading.

Discussions have taken place with the opposition parties, and there may be consent to fast-track some or all of the following bills: Bill C-59, An Act to amend the Criminal Code (unauthorized recording of a movie), Bill S-6, An Act to amend the First Nations Land Management Act and Bill C-51, An Act to give effect to the Nunavik Inuit Land Claims Agreement and to make a consequential amendment to another Act.

There is also a possibility of quick passage of a new bill entitled “An act to amend the Geneva Conventions Act, an act to incorporate the Canadian Red Cross Society and the Trademarks Act”, which appears on today's notice paper.

There are a number of other bills I am still hoping we could get included in getting things done for all of us week, provided that they get reported back from committee, in particular, Bill C-6 aeronautics; Bill C-27 dangerous offenders; Bill C-32 impaired driving; and Bill C-44, the bill to grant first nations people the human rights that every other Canadian enjoys. First nations people expect the House to get things done for them as well, so I urge the aboriginal affairs committee to stop delaying Bill C-44 and report it back to the House early next week. It is a priority for this government.

Canada Elections ActGovernment Orders

May 31st, 2007 / 3:10 p.m.


See context

Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, the question put by the hon. member for Western Arctic had two points to it but the first had nothing to do with Bill C-55, which is not unusual coming from an NDP member.

However, he did say that he did not believe that our Bill C-31, which deals with voter fraud, would in fact be effective because it would disenfranchise voters. I absolutely reject that premise and I think we will find out, in years to come and elections to come, that this bill will increase the security of voters, ensuring that all voters eligible to vote have an opportunity to do so.

However, he did make one comment about Bill C-55 concerning the advance polling date, the Sunday immediately preceding election day. He said that was tantamount to having a two day election and in fact that would be wrong. For the life of me, I cannot understand why any member of this place would want to see fewer opportunities for voters to exercise their franchise rather than more.

He also pointed out that one of the reasons he felt this would be wrong was that advertising by political parties would continue on the day prior to the election and that this would be something that would unduly influence the voter outcome. I must point out that advertising is already allowed during regular advance polling days, days 10, 9 and 8, prior to an election. In other jurisdictions, including my province of Saskatchewan, political parties can advertise on voting day.

Therefore, the point made by the hon. member for Western Arctic is weak at best.

Bill C-55 is intended to increase the level of voter turnout. If we can do that, in any way, shape or form, no matter how small or how large, it will be a good day and a good bill for democracy.

Canada Elections ActGovernment Orders

May 30th, 2007 / 5:15 p.m.


See context

NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, it is an honour to speak in the House to this bill. I want to outline a number of things the government has said about this bill. I want to look at what, I believe, is the motivation for this bill. I also want to talk about some of the concerns about the bill that have been brought to my attention. I will then underline the void left by the government on the whole issue of fairness and voting on democratic reform that the bill does not really substantively deal with.

I will begin with the bill itself in terms of when we first heard about it. As I mentioned in questions and comments earlier, it was with much fanfare on the front lawn of the House of Commons that the announcement was made. As I previously said, we were told there was a big announcement coming on democratic reform and, in fact, the government even titled the week democratic reform week. We were all wondering with great anticipation what the announcement would be.

There was a great photo op with all the interns together to make it look good on camera. The minister came out and announced that there would be what we thought would be democratic reform, like the mixed member system or some other substantive proposal, but, lo and behold, he announced that the government would be expanding advance polling. People in the crowd made some comments and even the media asked, “They brought us out here for this”.

In fact, the page from the press release that I have in front of me on the bill itself is pretty small. It contains the main parts of the bill but it is what we call piecemeal. I say that because the government is trying to brand itself, as it says now, as getting things done on democratic reform, which is a laudable goal. Some would say that is the way to do it, one piece at a time, but the problem is that there was absolutely no consultation on this bill.

This idea came from what looks like the back room of the Conservative Party to cover for the fact that it had not done some things on democratic reform, like the triple E Senate that many in the party had gotten involved in politics on. In fact, we are hearing now from the backbench that the Conservatives have not been able to deliver on the triple E Senate. The government had to come up with something so it came up with Bill C-55 and Bill C-56. That is the background, the trajectory of how we got this bill.

The claims that the government has made are very interesting. When the minister spoke on this bill today he said things like, “We want more people to vote”, “Elections Canada has indeed identified that people need more time to vote”, “Canadians need more opportunity to vote”, et cetera. Of course no one will disagree with that. The problem is that the Conservatives make assertions that this bill will be the grandiose architecture for changing our democratic system so that we will see more voter participation and that it somehow will deal with all the ills that exist in our present system.

However, there is a cost to this. As the minister said today, it will cost somewhere around $38 million for this initiative, an initiative that the government has not consulted on but just dreamed up and brought forward. I say that because it is important to underline.

This is not a bill that was discussed at committee nor was it discussed during the election. It also was not discussed in the House. This is not a bill that Canadians were clamouring the government to act on. That is important to note. In my opinion, this is the piecemeal approach of the Conservative Party to cover for the fact that it has not delivered on its triple E Senate promise.

The minister also stated that there was more advance voting in 2006. I see some smiles from my friends so I must be hitting a nerve. Therefore, this will be a continuation of that and there will be more voting if we do that. That might be but 2006 was a very different election. Many people who were going south took advantage of the fact they could vote in the advance poll. Therefore, I do not think it is a good benchmark to look at 2006.

The government talks about France having had 85% voter participation in the last election and that they vote on a Sunday and, therefore, that is a meritorious argument for this bill. I think it is a bit of a stretch to say that because they vote on Sundays in France and that they had an 85% voter turnout that somehow is the rationale for this bill. The reason is that it is a different political culture.

One of the things they have in France is a proportional system as well. We have spoken consistently from this side of the House, from the NDP's perspective, on the need, not just to have piecemeal change but to ensure that we change our voting structure so that it actually makes the system fair. Just to provide more time for people to vote, in and of itself, is not what really ails us right now. What really ails the body politic in Canada right now is having a fair vote so that someone's vote in Calgary counts as much as someone's vote in Prince Edward Island, in Toronto or in Timmins.

We know that a person, shall we say, wanting to vote Conservative in downtown Montreal, as we learned this past election, finds that their vote really is meaningless, other than the $1.75 that might go to the Conservative Party. That was illustrated clearly after the last election when the government could not find a cabinet minister so it had to pluck one from the back room of the Conservative Party, pop him into the Senate and then hoist him into the cabinet. It was a sad day for democracy.

What we need instead of these piecemeal solutions that have been put forward by the government is substantive democratic reform. What we and the Citizens Assembly here in Ontario have proposed is to have a mixed member system, which is what the system the government is lauding in France has, and that is some proportionality. If the Conservative Party had won the election fair and square with a mixed member system, Mr. Fortier may have been a nominated candidate on its list and he could have been legitimately appointed to cabinet.

The same goes for the minister who crossed the floor from the Liberal Party and ended up in the cabinet of the Conservative Party. It was simply that the Prime Minister had no one from Vancouver. I do not know when the actual conversation took place but I suspect it was either right after the election or soon thereafter.

I underline those examples because what is wrong with our system right now are the floor crossings and the appointments to the Senate and then into cabinet, which deepens the cynicism of the population. I would submit that is more problematic and more of a challenge to us as parliamentarians to increase voter participation, not these piecemeal approaches, as populace as they might be, if I may use that word, because young people, for instance, are not voting because they do not see their vote counting. It is not that they cannot find the time.

I should turn to the province of Manitoba where recently the people of Manitoba increased their voter participation. I think it was because the government opened up the opportunities to vote, as well as, hopefully, they had something to vote for. That should be looked at. Manitoba made voting polls more available to people. They did not do what the government is proposing. They actually made the advance polls very accessible. They were in shopping malls and in everyday places where people go. That is the kind of thing we should look at.

I do not think this idea of having an advance polling day on a Sunday will find favour with people from our faith communities. I have talked to people in my constituency and some of them, not all, believe that Sunday should not be a voting day. I think some people in other faiths would have the same concern if were on their Sabbath. That needs to be addressed as well.

What are the costs? The government has estimated it at $37 million. How will we do this if the voting booths or the advanced polling booths are in churches? Will that affect the services of any given church? Has that been thought through? I would think not. Has the government consulted with people in the faith communities about this? I think not. It is obviously something that can be addressed at committee.

The last thing I want to talk a little bit about is what the government's agenda is on democratic reform. I have already mentioned the fact that the government has had some democratic reform ideas but, in many ways, they are a cover for its democratic deficits that it suffered from in the first days of government. I am speaking of the floor-crossing and the appointment of the public works minister to the Senate and into cabinet.

On the surface, one would think that a government that claims to want substantive democratic reform would actually consult.

I guess we will debate Bill C-56 at some time. It fell off the calendar recently. It was on the calendar, then I gather the Conservative leader from Ontario said a couple of things about it and then it disappeared off the calendar, but I will leave the government to respond to that. It is another bill on democratic reform.

What the government is trying to do with that bill is to change the formula on how seats are assigned after a census. Do members know who the government consulted on this? Did it consult the provinces? It consulted no one other than itself. The problem with that is that this has consequences for every province. The way the government has done it, in terms of the lack of consultation, it will divide people as opposed to bringing them together. What democratic reform should be is bringing people together to have more faith in the democratic system and the democratic institutions we have built.

The government is offside on its consultation on this bill and on Bill C-56. I saw this on Bill C-31 when we saw that our privacy would be compromised. Bill C-31 is in the Senate now but Canadians are surprised to find out that a bill that is supposed to deal with so-called voter fraud gives up their privacy by having their birthdates published on the voters' list and given to political parties for their benefit.

The government says one thing and does the other. It has some pieces that we can say are fine, but the government does not consult. It has missed, not only the boat on the practise of democratic reform in terms of accepting floor-crossers and putting people from the back room into the Senate and into cabinet, but it has not dealt with the one issue that Canadians want it to deal with, be they young, middle aged or older, and that is the fairness of our system so that when someone votes their vote counts.

The fundamental question for our party has to do with voter fairness and until we deal with voter fairness, all these other tinkerings and piecemeal approaches are really secondary. They do not deal with the fundamental question.

When the minister talks about comparisons to Europe and other jurisdictions, he should look at the whole picture and not cherry-pick but, sadly, that is what the minister has done.

Canada Elections ActGovernment Orders

May 30th, 2007 / 3:50 p.m.


See context

York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

moved that Bill C-55, An Act to amend the Canada Elections Act (expanded voting opportunities) and to make a consequential amendment to the Referendum Act, be read the second time and referred to a committee.

Mr. Speaker, I am pleased to open debate today on the expanded voting opportunities bill.

The right to vote is our most precious and fundamental right. Each year about 150,000 people become new Canadian citizens. Most have come to our nation in search of freedom and they find that when they achieve Canadian citizenship, the right to vote, among the many rights and privileges they are conferred, is the most treasured privilege and duty that they do acquire.

Public participation in the political process, by exercising one's right to vote, is the cornerstone of our democracy. Voting validates the position of a responsible and accountable government. Of all forms of civic engagement, voting is perhaps the simplest and most important. By deciding to vote, Canadians have a say in what happens to their country.

By the very act of voting, they are playing an active role in the future of their country and their community, first by reflecting on the decision they must make and then by the decision itself. It is precisely for this undertaking that many people become citizens.

A deeper community and civic commitment is built on this foundation. It may lead to the creation of a minor hockey league for children, the organization of a tree-planting project or the cleaning of a ravine.

Unfortunately, voter participation in elections has been in decline over the years. In 1958, 79.4% of Canadians voted in that year's general election. However, that fell to 69% of eligible voters by 1993 and by 2004 only 60.5% of eligible voters cast a ballot.

Unfortunately, young people voted at even lower rates than previous generations. In fact, in the 2000 election, only about 25% of eligible voters between the ages of 18 and 24 bothered to vote.

It is undeniable that fewer people are going to the polls in Canada, yet we know that the one true method for citizens to hold their governments to account is through the ballot box. When voter turnout declines, it means that fewer people are holding their governments to account. The result is that our democratic system suffers.

We on this side of the House want to change the current situation. We want to see more people engaged in the political process and we want more people to vote.

A study led by Elections Canada indicates that many Canadians have trouble finding the time to go vote. Generally speaking, between work, studies and family, they do not have enough time to make it to the polls. I know that, on voting day, many people get up in the morning with the intention of voting, but because they have to work extra hours or because their kids have a minor hockey game that night, they do not find the time to exercise their right to vote.

At the same time, Canadians indicated that they appreciate the convenience of advance voting, and more and more voters are taking advantage of the opportunity to vote at advance polling stations. Indeed, voter turnout at advance polling stations nearly doubled between the 1997 election and the 2006 election.

Furthermore, the European example has shown that opening polling stations on Sundays leads to greater voter turnout. For instance, in the French presidential election held Sunday, May 6, voter turnout was 85%.

Therefore on May 9, 2007, we introduced the bill that we are debating today, Bill C-55, to increase voter turnout by giving Canadians more opportunities to vote.

The bill, which is part of our agenda to strengthen accountability and democracy in Canada, adds two advanced polling dates. One is on Sunday, the eighth day before election day, and the other is on Sunday, the day before election day.

The Sunday before election day will be a special advance poll. All polling stations used for the general voting day will be open on the last advanced polling day, not just a limited number of stations used for any other advanced polling days.

That means that Canadians will now have the choice of voting on election day, which is a Monday, or on Sunday, the day before election day or earlier at four other advanced polls.

This will mean all Canadians will have an opportunity to vote at an advanced poll right in their own neighbourhood on a Sunday which for many is a day without work or school commitments. This will make it easier for Canadians to vote.

With this increased convenience, we hope that families will bring their children with them when they go to vote, helping them to appreciate from an early age the civic duty and opportunity to cast a vote and to understand what it means to be a citizen in a free and democratic country.

These are lessons that if well taught last a lifetime, build stronger communities and make a brighter future for Canada. We know that engaging more Canadians in the electoral process through increasing voter turnout is good for our democracy and good for our country.

It is not just the government who is saying this. The expanded voting opportunities bill has also received the endorsement of academics and interested groups across Canada. For example, a group called Apathy is Boring, which aims at increasing youth voter participation, welcomes the bill. It said:

Apathy is Boring applauds the Expanded Voting Opportunities Bill, which makes a small but critical change to polling days. Accessibility is key to voter participation, and this bill will help ensure accessibility especially among young people.

Keith Archer, a professor of political science at the University of Calgary, said, “My view is that this legislation is a thoughtful and constructive response to the decline in voter participation in Canadian federal elections, and is aligned with the evident growth in the desire of Canadians to avail themselves of the opportunity to vote in advanced polls...the government is to be applauded for introducing this legislation”.

Leslie Seidle, a senior research associate at the Institute for Research on Public Policy, said, “It ought to encourage more people to go to the polls by offering them additional time on what is a non-working day for most.

These comments show that the expanded voting opportunities bill is a modern, realistic and effective way to increase voter turnout in Canada. However, the bill is just one piece of our agenda to strengthen accountability and democracy in Canada.

Since coming into power, this government has made many efforts to develop concrete measures for democratic reform. One of these legislative measures, tabled in Parliament by this government, was Bill C-4 which led to a review of the rules governing the registration of a political party. And just before Christmas, we passed the Federal Accountability Act, which provides for new strict rules governing campaign financing. Loans by unions and businesses will be prohibited as will be anonymous contributions and trust funds, and the maximum annual donation to a political party is now $1,100.

These two legislative initiatives will help restore the confidence of citizens in the democratic process.

Next we introduced Bill C-16 to establish fixed dates for elections. The bill sets the third Monday in October, four calendar years after each election, as the date of the next general election. Under the legislation, which is now law, the date of the next general election will be October 19, 2009.

Fixed date elections take the guesswork out of the electoral process and level the playing field for the Chief Electoral Officer, for political parties and, most importantly, for voters. They also encourage participation in the democratic process by allowing Canadians to plan to participate in their nation's electoral process.

I am very proud to announce that Bill C-16 has received royal assent despite all the efforts of the unelected Liberal senators to block implementation of the democratic reform proposed by our government.

Next we introduced Bill C-43, the Senate Appointment Consultations Act. With this bill we have acted to strengthen accountability with legislation that gives Canadians a say in who they want representing them in the Senate.

The proposed Senate appointment consultations act recognizes that it is the citizens of the country, not big money or backroom boys, who are best qualified to choose who should speak for them in the Senate. The Senate appointment consultations bill is currently being debated at second reading and we are anxious to see passage of this groundbreaking legislation.

That brings me to Bill S-4, the legislation that proposes to limit Senate terms to eight years instead of the current 45 years.

Today just happens to be the first birthday of the bill to limit the terms of senators. It has been delayed and obstructed by the Liberal Senate for a full year now. Remarkably, even though the Leader of the Opposition says he supports term limits for senators, Bill S-4 has been ensnared in procedural limbo since May 30, 2006, thanks to Liberal senators bent on obstructing and delaying any meaningful democratic reform.

We hope the Liberal senators will give the House of Commons a chance to actually deal with this bill one day.

As you can see, these legislative measures, including Bill C-31, which provides for the improvement of the integrity of the electoral process, as well as all the other bills tabled last week, are modern, realistic and effective and will strengthen our democracy and restore the confidence of Canadians in our democratic institutions.

The bill on expanded voting opportunities provides Canadian workers with more opportunities to vote so that they can make their government accountable. This is an effective means of ensuring an increase in voter turnout and strengthening democracy in Canada.

Unless we check declining voter turnout, we run the risk of having an increasing number of Canadians becoming disengaged from their government.

The way public affairs are conducted could become less democratic and less responsible.

For democracy to work, it must be the property of all, not just a place for narrow interests to pursue their own agenda. That is why it is important for more Canadians to participate in the democratic process. Voter participation is fundamental to the health of our democratic institutions.

Canada's new government is doing all it can to encourage citizens to participate in the democratic process.

This modern, realistic and effective legislative measure represents a new stage in the ambitious action plan that our government has developed to improve democratic institutions and to strengthen the vitality of democracy in Canada.

For all these reasons, I urge all members of the House to support the expanded voting opportunities bill.

Business of the HouseOral Questions

May 17th, 2007 / 3:10 p.m.


See context

Conservative

Peter Van Loan Conservative York—Simcoe, ON

I would not do that.

Tomorrow is an allotted day.

Next week is constituent consultation week, when the House will be adjourned to allow members to return to their ridings and meet with constituents to share with them the activities of Parliament since the last constituency break.

For the interest of members, I will quickly review our plan for the context of our overall legislative agenda.

As he requested, this is currently strengthening the economy week, where a number of financial bills moved forward. The budget bill was sent to committee and, hopefully, it will be reported back tomorrow, or soon, so we can deal with it at third reading when the House returns after the break.

Bill C-40, an act to amend the Excise Tax Act, was read a third time and sent to the Senate. Bill C-53, an act to implement the convention on the settlement of investment disputes, Bill C-33, the sales tax bill and Bill C-47, the Olympics symbol bill were all sent to committee and we all would like to see those back in the House for report stage and third reading.

In an earlier week, Bill C-36, the bill that makes changes to the Canada pension plan and the Old Age Security Act, was made into law after receiving royal assent.

Strengthening accountability through democratic reform week was a success with the consideration of Bill C-43, Senate consultation. We had three new democratic reform bills introduced that week: Bill C-55, to expand voting opportunities; Bill C-56, an act to amend the Constitution Act, democratic representation; and Bill C-54, a bill that would bring accountability with respect to loans. We hope to continue debate on that particular bill later today.

Bill C-16, fixed dates for elections, was given royal assent and is now law, which I think is the cause of the commotion now in all the committees where Liberals are using procedural tactics. Now they feel they can do it with a free hand.

Two other democratic reform bills are in the Senate, Bill C-31, voter integrity, and Bill S-4, Senate tenure. I really would like to have the term limits bill from the Senate for an upcoming democratic reform week if the opposition House leader can persuade his colleagues in the Senate to finally deal with that bill after 352 days. We may get 352 seconds in a filibuster, but they have had 352 days so far. They have been stalling for a year.

During the consultation week, I will be interested in hearing what our constituents think of the plight of Bill S-4 and the irony of those unaccountable senators delaying it.

We dedicated a good deal of our time focusing on making our streets and communities safer by cracking down on crime. Now that we have had the help of the NDP, we restored the meaningful aspects that the Liberals gutted in committee to Bill C-10, the bill to introduce mandatory penalties for violent and gun crimes. We are continuing to debate that bill today at third reading.

Bill C-48, the bill dealing with the United Nations convention on corruption, was adopted at all stages.

Bill C-26, the bill to amend the Criminal Code with respect to interest rates, was given royal assent.

Bill C-22, the age of protection, was given final reading and sent to the Senate, although it did spend close to, if not in excess of, 200 days in committee where the Liberals were obstructing and delaying its passage.

We made progress on Bill C-27, the dangerous offenders legislation. We would like to see that back in the House.

Bill C-9, An Act to amend the Criminal Code (conditional sentence of imprisonment) and a host of other justice bills are working their way through the system.

Members can advise their constituents that when we return, we will be reviving two themes, back by popular demand. Beginning May 28, we will begin again with strengthening accountability through democratic reform with: Bill C-54, political loans; Bill C-55, additional opportunities for voting; and Bill C-56, democratic representation.

Up next is a second go-round on strengthening the economy week with Bill C-52, the budget implementation bill, which will be called as soon as it is reported back from committee.

In the near future, we will have the improvement of aboriginal people quality of life week with Bill C-44. This bill will grant first nations residing on Indian reserves access to the Canadian charter of human rights. They have been denied this right for 30 years. Unfortunately, Bill C-44 is being delayed by the opposition. This is another bill being delayed by the opposition in committee.

After Bill C-44, I intend to debate Bill C-51. The agreement establishes the use and ownership of land and resources and will foster economic development. This bill illustrates Canada's commitment to the North and to settling land claims.

I wish all members a productive constituent consultation week and look forward to more progress on the government's legislative agenda when the House returns on May 28.

Senate Appointment Consultations ActGovernment Orders

May 7th, 2007 / 12:40 p.m.


See context

Regina—Lumsden—Lake Centre Saskatchewan

Conservative

Tom Lukiwski ConservativeParliamentary Secretary to the Leader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, it is a very great pleasure for me to stand in this place today to speak in favour of Bill C-43 on Senate consultations.

Let me say at the outset that this is only one bill in a suite of legislation that the government has been bringing forward on democratic reform.

We have seen Bill C-16, which is a bill to set fixed dates for elections. It received royal assent just recently and will come into effect. It states, of course, that outside of a non-confidence vote, which may bring the government down at any time, the next election will be held on the third Monday in October 2009. It is a very important piece of democratic reform that is overwhelmingly supported by Canadians.

We also have Bill C-31, which is currently in the Senate. It is moving its way along through committee. It deals with voter integrity and trying to eliminate voter fraud. I am quite confident that this bill will receive royal assent before the House rises for the summer.

However, we also have another bill in the Senate, Bill S-4. We have spoken many times on many occasions in this place about Bill S-4, but I have to say that frankly I cannot fathom why this bill has taken as long as it has in the Senate. For the benefit of those Canadians who may be listening, Bill S-4 is a 66-word bill that has been before the Liberal-dominated and unelected Senate for close to one year now. In fact, May 30 will see the one year anniversary of the bill being before the Senate.

This is a 66-word bill that has been there for close to 12 months. By my rough math, that is a little over five words per month that these primarily Liberal senators have been examining in regard to the bill. All this says to me is that either the bill contains some really big words or there is a second agenda at hand, and that agenda is that the Liberal senators do not want to see Senate reform. They do not want to see Bill S-4 pass.

I have examined the bill and I can assure members that the words are not so big such that it would take five words per month to examine the bill, so I have to go to my second assumption, that is, the Liberal senators truly do not want to see any real and effective Senate reform. Why else would they keep a bill that is so short, so succinct, so precise and so to the point locked up in the Senate for close to a year?

If nothing else, that bill in itself speaks to why we need Senate reform. It speaks to why we need a bill like Bill C-43, which allows the process to be taken away from the prime minister of the day in regard to the appointment of his hacks and flacks to the Senate and allows individual Canadians to express an opinion on who they would like to see represent their region or province in the Senate.

I can think of no greater example than the travesty of Bill S-4 for supporting this bill, yet I hear nothing but opposition from members of the official opposition party, members of the New Democratic Party and members of the Bloc Québécois, who are saying they will not support Bill C-43, consultations that in effect would allow a prime minister to listen to Canadians before he or she makes an appointment to the Senate.

If we truly believe in accountability then we must support Bill C-43, yet I hear nothing but opposition from members opposite, and again, that confuses me. On the one hand I hear members opposite talk about the need for Senate reform, for accountability and for regional representation, yet I hear nothing but opposition to a very good piece of legislation that we have put before the House for discussion and debate.

Bill C-43 deals with a very important conception of ours, which is that all members, whether in this place or the other place, should be accountable. There is only one way to deal with true accountability. That is to allow the individual citizens of this great country of ours to have a say in who represents them so that in fact the representatives then would be accountable to the citizens rather than those who appointed them.

That is the essence of Bill C-43. It is to allow consultations to take place at a provincial or a territorial level. Those consultations, in which the will of the people would be expressed, then would allow the prime minister of the day to appoint the individual to the Senate. In other words, it does not in any way take away from the constitutionality that has been in question from time to time during this debate. In fact, it accommodates the Constitution.

I take some difference of opinion with my hon. colleague the deputy House leader who said that the bill would allow us to skirt the Constitution. I do not like that choice of language. I choose to say that the bill would allow us to accommodate the provisions contained within the current Constitution, and those provisions say that only the Governor General can appoint members to the Senate. The current convention is that the Governor General, before making that appointment, would take advice from the prime minister of the day, and only the prime minister. That would still be in effect. Therefore, the constitutionality argument is really mute.

The prime minister would still appoint senators to the upper house, but only after the prime minister listened to the expressed will, through a consultation process, of the citizens in various provinces, territories and regions. What could be fairer and more transparent than that? What could be more accountable than that?

We on this side of the House say that we have to get away from the process that has occurred for the last 100 years where, for strictly partisan reasons, members of the upper house have been appointed. In all fairness, we have seen time and time again appointments made on a partisan level regardless of political affiliation and regardless of which party happens to be in government of the day.

We have seen time after time Liberal prime ministers appoint Liberal senators for no other reason than the fact that the person has been a good, loyal political partisan soldier to the Liberal Party. We have also seen that happen when Conservative governments have been in power. Conservative governments have appointed Conservative senators because of their loyalty and partisanship to the government of the day. My point is that should not be allowed to happen because there really is no accountability to the people. There is only accountability to the party of the day, or the prime minister who made the appointment.

We need to get away from that method of appointing senators. We have to allow Canadian citizens a voice in who they wish to see represent them in the Senate.

The bill deals with that in a very precise, succinct and fair manner. Consultations would be taken during federal elections at the provincial level. Should the citizens of a particular province decide they wished to see a certain individual represent them in the Senate, that would allow the prime minister to advise the Governor General of his will to appoint that person.

We do not have a constitutional argument here. We have a fairness argument, and it absolutely works.

Many times we have seen appointments made to the Senate which, under normal circumstances by anyone's standards, would not be considered to be fair and would not be considered to be representative of the people of that province. I want to draw to the House's attention only a couple of those examples.

In my opinion one of the most egregious uses of this appointment process happened with a current senator by the name of Art Eggleton, a former mayor of Toronto, a former Liberal member of Parliament and a former Liberal cabinet minister. Most Canadians will recall the disgrace in which Mr. Eggleton was dismissed from cabinet. He was found guilty of awarding untendered contracts to one of his former girlfriends. What was his reward? His reward was an appointment to the Senate. That, under normal circumstances, would never happen.

I am sure if we took a look at some of the other names of current senators in the upper chamber, we would find that the reason those people were appointed was because of the loyalty they exhibited to the party. They were appointed not because they were deserving of representing the people, but only because they curried favour with the prime minister of the day or the government of the day.

Electoral ReformPrivate Members' Business

April 30th, 2007 / 11:40 a.m.


See context

Conservative

Dean Allison Conservative Niagara West—Glanbrook, ON

Mr. Speaker, I appreciate the opportunity to participate in the debate on Motion No. 262, which proposes two initiatives in response to the 43rd report of the Standing Committee on Procedure and House Affairs. The motion proposes that we strike a special committee of the House of Commons to make recommendations on democratic reform. The motion also proposes the creation of a citizens' consultation group to report on the matter.

This is the type of motion the member for Elgin—Middlesex—London made at the Standing Committee on Procedure and House Affairs. The member proposed to do a study on democratic reform. What I find interesting is that the member's proposal was voted down by the committee, which included the NDP member on the committee at that time.

I am curious as to why the NDP member would bring forward Motion No. 262 at this time, based on the fact that this was something that one of our members had earlier proposed. Also this is an initiative that as a government we have been looking at as well. Therefore, I find that the motion is redundant.

I appreciate what the member for Vancouver Island North is trying to do. I think we all agree that it makes sense to look at the democratic process from time to time and see if there are ways that we can change it to make it better.

It is for all of these reasons I will not be supporting the motion. Certainly, as I have said before, it is very worthwhile to look at ways to make the democratic process better, but the government has already taken action. Our government has already initiated a process to start looking at this issue.

The previous government did not do a whole lot about the democratic process over the 13 years that the Liberals were in power. They certainly talked about doing something about the democratic process, but unfortunately it never materialized under the previous government.

One thing our government has definitely been looking at is how we consult with Canadians and how we can do a better job on democratic reform issues. With that in mind I would like to talk about what the government is looking at doing over the next little while.

We certainly want to engage parliamentarians. We have initiated a number of legislative issues. Public consultation is also very important to make this process work. We should engage all Canadians.

The work the government has been doing has been noted by other members, but it bears repeating.

The government enacted Bill C-2, the Federal Accountability Act. This is one of the most notable things this government has done. The act bans union as well as corporate donations, and limits contributions to $1,100, and makes sure that no cash donations are accepted. In terms of the democratic process we have seen what happens in other parts of the world where there is not a limit on donations. People seem to have more influence with the more money that they are able to spend on elections. Limiting the amount will work in our democratic process. It is important regardless of where Canadians come from that they be able to have a say in government and not just be able to influence the government with money.

Bill C-16 was introduced by the Conservative government. The bill looks at establishing fixed election dates. The bill passed unanimously by the House. The Senate recently attempted to add an amendment that the government rejects. We are hoping that the Senate will move forward and put the bill back to the way it was originally.

What is important with fixed election dates is that we would not just worry about what is going on in the polls. Whatever party was in government would have an opportunity for more stability. People would know that every four years an election would be held on a certain date. This has worked in some provinces. This is something that we could look at federally as well.

The third initiative that the government has introduced in terms of legislation is Bill S-4 which was introduced in the Senate. That bill limits the terms for senators. It would eliminate the current situation where unelected and unaccountable senators can sit for up to 45 years. An eight year term would allow senators to get the kind of experience they need when looking at legislative initiatives and ensure they would get new perspectives.

Even though that bill was introduced in the Senate, we are stuck. It has been sitting in the other place for almost a year now, which is kind of surprising. It may be a bit of a concern if a bill was introduced to limit a term from 45 years to 8 years, but we would encourage that unelected, majority-driven Liberal Senate to pass that bill.

There are also other areas that we have looked at. The government introduced Bill C-43, the Senate appointment consultations act, which we will be debating next week. This bill would enable us to talk to people about how senators should be appointed.

These are all great initiatives that will help make the democratic process better.

We have also introduced Bill C-31 which looks at a number of different measures in terms of the electoral system and voter ID. This is important based on all the recommendations that were contained in the 13th report of the procedure and House affairs committee. The government is looking for a way to implement those recommendations through Bill C-31. We are trying to make the electoral system more fair. We are trying to reduce fraud. The bill has the support of all parties and we are certainly hoping that it will be passed very shortly in the Senate.

The second issue that I would like to address today is public consultations. It is important that not only elected representatives participate in the system, but individuals from across the country participate as well. The government is already engaged in this. We started the process back on January 9.

We want to set up citizen forum groups across the country, so we could deal with all the provinces and territories. We are midway in this process. We have been able to talk to people. At each of these forums somewhere in the neighbourhood of 40 to 50 individuals have represented the Canadian population. We are hoping that when we are done with this process, we will have spoken to some 400 or 500 Canadians.

In this way, we really believe that we can get some impartial views. One of the members talked about the fact that certain parties were already leaning toward one certain system. In this way, we have a chance not to bias the process but give Canadians an opportunity to participate. So far the participation and the response has been very enthusiastic. This is good to see as we look at a whole range of individuals from different parties, from across all electoral systems, as well as the House of Commons, the Senate and citizens.

We are also looking at a youth forum that would take place in Ottawa. This forum would try to establish why there is such low voter turnout among young people. We realize that young people are disengaged and sometimes frustrated with the system. It is important that we look at ways to engage young people, so they can be part of the political process and look at making a difference.

We are also looking at sending a survey out across the country. This could be part of our final report.

We have consultations going on with members of the House and with the Senate. We have surveys, citizen groups and youth forums. All of these things will be important as we look at delivering the final report some time in June of this year. I certainly look forward to seeing it.

As we look at introducing legislation in the House, it is important that we consult with people. This gives us a better understanding obviously as we look at different parts of the country with different needs. I have sat in on a few meetings of the procedure and House Affairs, and I know there are concerns given the fact that we have large urban ridings and rural ridings. Because of the uniqueness of this country, I believe this consultation process is important.

Once again, I am going to urge all members to vote against this motion because of what we already having going on in the House. I want to thank parliamentarians for their participation in this process.

Electoral ReformPrivate Members' Business

April 30th, 2007 / 11:30 a.m.


See context

Conservative

Barry Devolin Conservative Haliburton—Kawartha Lakes—Brock, ON

Mr. Speaker, I am pleased to participate in the debate on Motion No. 262, which proposes two initiatives in response to the 43rd report of the Standing Committee on Procedure and House Affairs. First, the motion recommends that a special committee of the House of Commons be created to make recommendations on democratic reform issues. Second, it proposes that a special committee look into creating a citizens' consultation group and to report on this matter within six weeks.

I intend to oppose this motion for reasons I will make clear in my remarks today. I would also encourage other members of the House to oppose it.

There appear to be some fundamental inconsistencies in the NDP's approach to electoral reform and public consultation on democratic reform and electoral reform in particular. In this regard I noticed that one of the opposition day motions put forward by the NDP is that we should move immediately to implement electoral reform but that we should implement a specific type of electoral reform, that of a mixed member proportional system.

At the same time the NDP is putting forward Motion No. 262 to study our electoral system, it is also suggesting that we immediately reform our electoral system, and not necessarily in a way that reflects what the Canadian public may wish, but rather in a way that reflects the interests of the New Democratic Party. We can, therefore, all be excused for being confused about what exactly is the plan of the NDP with regard to democratic reform in general and electoral reform specifically.

Does the NDP want us to move immediately to implement a mixed member system, as it has stated on many occasions, or does the NDP want us to consult Canadians on electoral reform in advance, as suggested by Motion No. 262, and find out whether Canadians believe electoral reform is an issue they wish to pursue?

It seems that the NDP has not only prejudged the need for electoral reform, but is also prescribing for Canadians exactly what type of electoral reform Canadians should pursue. I find this interesting because there are a number of electoral systems that could be pursued should it be decided that reform is an advisable course of action.

Personally, I do not believe it would be advisable to barrel ahead to change our electoral system and change it to a specific electoral system before we even have any indication from Canadians that this is what they want.

I note that the sponsor of Motion No. 262 in the first hour of debate made it quite clear that she wanted the consultations to focus solely on electoral reform. From her remarks it did not seem that she and indeed her party had anything but a narrow focus on one single issue.

The question again is, does the NDP want to hear the views of Canadians on electoral reform, or does it want to prescribe for Canadians the type of electoral reform that it has apparently already decided on without consultation?

The actions of this government in the area of democratic reform stand in stark contrast to those of the NDP. We recognize that democratic reform is not a single issue. It is not just about electoral reform, as the NDP would have everyone believe.

Democratic reform encompasses a wide range of issues from political financing to improvements to our electoral system and the modernization of our democratic institutions. This was a fact that was recognized in the 43rd report, which was released in June 2005 but not acted on by the previous government.

The report's conclusions underline a whole range of issues beyond electoral reform that should be the subject of consultation. We need to be clear about the conclusions of the 43rd report if we are to act on them.

Let me read for members exactly what the report said. The report states that a citizens' consultation group along with the parliamentary committee should:

--make recommendations on the values and principles Canadians would like to see in their democratic and electoral systems.... [This] would take into account an examination of the role of Members of Parliament and political parties; citizen engagement and rates of voter participation, including youth and aboriginal communities; civic literacy; and how to foster a more representative House of Commons, including, but not limited to, increased representation of women and minorities, and questions of proportionality, community of interest and representation--

My question would be, why is the NDP focusing only on one aspect of democratic reform when there are so many other equally important issues?

For our part, this government is taking a much different approach. First, rather than just thinking about a consultation process as suggested by Motion No. 262, we have actually taken action to implement a process as the government announced it would do in January.

As a result of the government's actions, a citizens' consultation process is under way. The process consists of two key parts. The first is a series of 12 deliberative forums, one in each province, one for the territories and one youth forum, each with a participation of 40 to 50 citizens who are roughly representative of the Canadian population. The second part is a telephone survey on a range of issues related to our democratic institutions.

The deliberative consultation process is well under way. Consultations have already taken place in British Columbia, Alberta, the territories, Saskatchewan, Ontario, Manitoba, Nova Scotia, Prince Edward Island, and Newfoundland and Labrador.

In contrast to the process recommended by Motion No. 262, the government sponsored process is consulting citizens on a broad range of issues. Each forum is addressing a common set of topics, including political parties, the electoral system, the House of Commons, the Senate and the role of the citizen. It will be noted that this is very similar to the recommendation of the 43rd report. Unlike the NDP approach, we are not focusing only on a single issue and we are not prejudging the views of Canadians on these issues.

Once the process is over, a report on the process will be prepared for the government. The government intends to take the results of these consultations very seriously and parliamentarians will continue to be engaged on these important subjects.

It appears that the government is pursuing a much more comprehensive approach to consultation than is proposed in Motion No. 262. Since the process is well under way, Motion No. 262 has become redundant and has been for some time now.

Apart from the consultation process, the government has engaged parliamentarians on a wide range of important democratic reform initiatives, as we indicated we would do in our electoral platform. I dare say that no other government in history has accomplished so much in this important area. Allow me to review some of the initiatives we have taken so far on this issue.

First, we passed Bill C-2, the Federal Accountability Act, which provides for some important political financing reforms, including a ban on corporate and union donations, and the reduction of contribution limits to $1,000. This will ensure that money and influence are not the determining factors in financing political parties and the parties can operate on a level playing field.

We have introduced practical and achievable legislation in the area of Senate reform, including Bill S-4, which would limit the tenure of senators to a period of eight years, and Bill C-43, which would establish a national process for consulting Canadians on their preferences for Senate appointments.

Of particular interest for this debate, the consultations proposed in Bill C-43 would not be carried out by means of a first past the post system. Rather, elections would be conducted using a proportional and preferential voting system called the single transferable vote, or STV system. It will be interesting to know the ultimate position of the New Democratic Party on Bill C-43 since the bill is proposing the introduction of a proportional electoral system which the NDP has been advocating for the House of Commons. Bill C-43 is an important initiative because for the first time Canadians will have the opportunity to have input into their selection of senators.

The government has also moved forward on an important initiative to improve the integrity of our electoral system. Bill C-31 includes important provisions to combat electoral system fraud, in particular through the introduction of requirements for voter ID. If passed, I believe the bill would make a tremendous contribution to ensuring that no election was tainted by the possibility of voter fraud.

The government is taking steps to increase electoral fairness through the introduction of Bill C-16 which establishes fixed dates for federal elections. If passed, this initiative would ensure that elections occurred once every four years and not just on the whim of a prime minister who might choose to call an election on the basis of whether or not his or her party was high in the polls.

The government has demonstrated a tremendous commitment to electoral reform. We are well on our way to meeting the commitments that we made to Canadians.

To conclude, I must encourage all members to vote against the motion for the reasons I have stated. Given that the government has already taken action to implement a public consultation process, Motion No. 262 is redundant. Not only that, but the government's process is much more comprehensive than was recommended by the NDP. It will not be focused only on electoral reform, contrary to the desire of the sponsor of the motion. It conforms largely to the recommendations of the 43rd report of the Standing Committee on Procedure and House Affairs.

The New Democratic Party has already decided prior to consulting with Canadians that the mixed member proportional system is the way to go. This government does not want to prejudge the views of Canadians on this important matter.

Might I add that the previous speaker made mention of several changes that she feels need to be made to the way that Parliament works. It is important to point out that the previous Liberal government was in power for 13 years. The Liberals moved forward on none of these provisions. I find that extraordinary.

Quite frankly, as someone who has had a lifelong interest in democratic reform, I am proud of the initiatives that our government has launched. I encourage all members of all parties in the House to support them when they come forward.

Electoral ReformPrivate Members' Business

April 30th, 2007 / 11:15 a.m.


See context

Conservative

Joe Preston Conservative Elgin—Middlesex—London, ON

Mr. Speaker, I appreciate the opportunity to participate in the debate today on Motion No. 262. The motion proposes two initiatives in response to the 43rd report of the Standing Committee on Procedure and House Affairs.

First, the motion proposes that a special committee of the House of Commons be created to make recommendations on democratic reform issues and, second, that a special committee look into creating a citizens consultation group and to report on this matter within six weeks.

At the outset, I want to make it clear that I will be urging members to vote against this motion, not because involving parliamentarians and citizens in discussion about democratic reform is an unworthy exercise, but because the government has already taken such clear action in this important area and it will continue to do so.

After the 43rd report was released in the last Parliament, nothing happened in the area of democratic reform, consultations or otherwise. This stands in sharp contrast to the actions of this government. We have engaged and continue to engage parliamentarians in a number of important democratic reform initiatives. We have already started a process to consult Canadians on democratic reform issues. In short, I will demonstrate today that the motion before us has been overtaken by events.

First , in the area of engaging parliamentarians on democratic reform issues, I am confident in saying that this government has done more than any previous government in bringing forward democratic reform initiatives for consideration in Parliament. Parliament adopted Bill C-2, the Accountability Act, which included a number of political financing reforms, most notably a ban on union and corporate donations, a contribution limit of $1,000, a ban on cash donations and a ban on trust funds. These measures help to eliminate the perception that only those with money have an influence on politics. This, in turn, enhances confidence in the political process.

The government also introduced Bill C-16 to establish fixed dates for federal elections. This bill was passed unanimously with all party consent in the House. More recently, the House of Commons adopted a motion to reject an unnecessary amendment adopted by the Senate. We are hoping t the Senate will now accept the now twice expressed will of the members of the democratically elected House of Commons regarding this bill. The Senate should recognize the legitimacy of the House, in particular on matters relating to elections, and pass this bill as it was originally intended.

The implementation of fixed dates for elections will greatly improve the fairness of Canada's electoral system by eliminating the ability of the governing party to set the timing of a general election to its own advantage.

The government has also taken important steps in the area of Senate reform, with the introduction of practical and achievable measures. Last May, the government introduced Bill S-4 in the Senate, which would establish a term limit for senators of eight years. The adoption of this bill would eliminate the current situation where unelected, unaccountable senators can sit for up to 45 years.

An eight year term would allow senators to gain the experience necessary to fulfill the Senate's important role of legislative review, while ensuring that the Senate is refreshed by new perspectives and ideas. Despite widespread support for this initiative, the bill has, unfortunately, been held up in the Senate for almost a year now.

Also in the area of Senate reform, the government introduced Bill C-43, the Senate appointment consultations act, which would provide a process whereby voters may be consulted on potential appointments to the Senate in their respective provinces. Debate on this bill began last week. For the first time ever, legislation will provide Canadians with a voice on who represents them in the Senate.

The government has also introduced Bill C-31, which includes a number of initiatives aimed at ensuring the integrity of the electoral system, including a new system of voter identification. Bill C-31 would implement most of the recommendations of the 13th report of the Standing Committee on Procedure and House Affairs. The passage of this bill will reduce the opportunities for fraud and promote fairness in our electoral system. I hope Bill C-31 will soon be passed in the Senate.

In summary, this government has demonstrated the most extensive commitment ever to the modernization of Canada's national democratic institutions.

In the area of public consultations, we are not just looking into the issue, as proposed in Motion No. 262, we are acting.

On January 9, 2007, the government announced that it was launching a public consultation process on democratic reform issues. In particular, the process would engage Canadians in a dialogue to identify the priorities, values and principles that should underpin Canada's democratic institutions and practices.

The process consists of two main elements, both organized by independent contractors.

First, there is a deliberative process to consult Canadians in 12 citizens' forums, one held in each province, one in the Territories, and also in one national youth forum. The process is more than half complete, with the forums in British Columbia, Alberta, the Territories, Saskatchewan, Ontario, Manitoba, Newfoundland and Labrador, Nova Scotia and Prince Edward Island already completed. Each forum includes approximately 40 to 50 citizens who are roughly representative of the Canadian population.

In that regard, it is worth noting that by the time we are finished approximately 500 Canadians will have participated in the deliberative discussions, all of them giving up a few days of their time, not to mention studying the issues in advance.

The response so far has been very enthusiastic. Participants are examining a whole range of issues, including: political parties, the electoral system, the House of Commons and the Senate, and the role of the citizen.

In the youth forum, which will take place in Ottawa, participants will take a close look at why there is low voter turnout among Canada's youth and why a significant number of young people appear to be disengaged from the political process.

The second element is a large scale national survey that will be administered to a representative sample of Canadians across the country.

We will learn in the forums and the survey and they will be combined into a final report that will be ready by June of this year.

I very much look forward to the report and what it will tell us about the views of Canadians and our democratic institutions and practices. The government intends to take the results of these consultations very seriously.

In conclusion, I urge all members to vote no on Motion No. 262. While the member undoubtedly had honourable intentions in bringing the motion forward, passing this initiative would not serve any useful purpose. The government has engaged and will continue to engage parliamentarians on democratic reform issues; witness the extensive legislative agenda we have introduced in this important area.

The comprehensive process to hear the views of Canadians on democratic reform issues, which we announced in January, is well under way. We will be listening to the views of Canadians and deciding the next steps in the reform of our democratic institutions.

Parliamentarians will play a role in that process. Having the information from the consultation process will mean that parliamentarians are better informed when considering further improvements to our democratic process.

Senate Appointment Consultations ActGovernment Orders

April 27th, 2007 / 10:35 a.m.


See context

Conservative

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

Mr. Speaker, I had actually hoped to ask the hon. member for Ottawa Centre a question but maybe after my speech he will want to intervene during the long period for questions and comments.

I had wanted to ask the member if we remembers his predecessor, Ed Broadbent, a man I liked and admired and still do. I wonder if he remembers that Ed Broadbent and I had a difference of opinion in the procedure and House affairs committee concerning a report, to which he is referring, about changes to the electoral system and that the process for searching out this change existed. Mr. Broadbent advocated a system very similar to the one the government has actually implemented. Conservative members actually advocated a much broader consultation but, when we pushed hard on it, Mr. Broadbent organized a walk out from the committee to deny us a quorum and then raised the matter in the House.

What I am getting at is that there has been a reversal of position here and I think everyone should be aware of that. I would like the member to comment on why the New Democrats, or at least he, have now switched to a position of favouring narrowing consultations, although he says that he is now in favour of a citizens' assembly as well, which they opposed at the time. I am actually a little unsure of which particular iteration of the changing position he is on at the moment. I will leave that thought with him. This is not strictly relevant to Bill C-43 and the Senate, which is the subject to which I will now turn.

When the end of the government comes, be it soon, be it off in the distant future, the bill and the work we have done on democratizing our Canadian institutions, this bill and other bills along the same lines, will be regarded as the greatest accomplishment of the government unless they are totally blocked by the other parties, in which case they will be regarded as the greatest missed opportunity that this Parliament had.

I just want to go through and mention some of the legislation we have put forward, of which Bill C-43 forms a package. We have Bill S-4, which would create fixed terms for senators, and it is in the upper House. That bill has been executed, not as part of a grandiose single package but as a separate piecemeal, to use the word that the member for LaSalle—Émard, the former prime minister, used to use, or incremental reform. The adoption of that bill is very important if we are to move to electing senators so that we are electing people for fixed terms.

The advisory consultations or informal elections that would take place for senators is another step in that package, and that is what Bill C-43 is all about.

We also have Bill C-31, which is designed to reduce to the extent possible electoral fraud throughout the country. We have also moved to change electoral financing rules. This would be very significant in reducing the influence of corporations, unions and non-voters in the financing of our elections and, therefore, the manner in which our decisions take place.

Those are all substantial moves forward. However, what is of particular importance is the work we are doing on the Senate. I am surprised at the way this gets belittled by some members of the House. This is an extraordinary measure. Canada has had an unelected chamber as its upper House for over 100 years. We are not quite unique in the world but we are getting closer and closer to being unique in the world in having an unelected upper House with full powers. It is an equal House to this one, with the exception of its inability to create money bills, and yet it is completely unelected.

This was a model that was considered by the Australians when they were designing their Senate over 100 years ago and rejected as being antiquated. They opted for an elected Senate.

We are looking at the replacement, in the member's words, incremental replacement, but we are looking at the replacement of an antiquated way of doing things with the modern and democratic way of doing things.

I want to talk a little bit about some of the things I think are important. Let me begin with a really basic one, which is the need for bicamerals and the need for a federation like Canada to have a bicameral system as opposed to a unicameral system where there is one chamber. This is a matter where I respectfully disagree with the position of the hon. member's party.

I would just point to the examples of federations in the world. Many countries claim to be federations but many of them are not real federations. For example, the Comoros Islands claim to be a federation but it is not a real federation. However, there are several long lived and successful examples of federal systems. Canada, of course, is one and Switzerland, the United States and Australia are others. We can also look at Germany and Austria. What we see in all of these cases is that they have, through one means or another, an elected upper chamber. In particular, the examples that are closest to Canada would be Australia and the United States but they have elected upper houses.

There are a number of purposes for having two chambers. One is to allow, and this is using the language of the Fathers of Confederation, a chamber of sober second thought, a place where decisions that may be taken in haste in this House can be examined, perhaps improved and sent back to us. As we know, the Senate is not shy even now about sending back measures that have been passed in this House for reconsideration.

Unfortunately, sometimes I think the Senate does so excessively on the basis of the interests of the partisanship of the party that put the senators there. That is a long term history. If we go back and look at the appointed Senate, it has either acquiesced completely to the government in power when the majority in the Senate reflects the majority in the lower house, or it has been unnecessarily obstructionist. That is a fundamental flaw with an appointed Senate, appointed effectively by the prime minister because the Governor General always takes the prime minister's advice on Senate appointments.

A significant change and improvement would be to move away from a Senate that is, depending on the moment, either a lapdog or excessively aggressive to one that gives considered sober second thought. That can be accomplished by an elected upper house. All we need to do is look at the examples that I have cited of other mature, responsible federations to see how this can work.

The other thing about an elected upper house is that it will tend to be elected on a separate mandate, both geographically and in terms of the electoral system we propose and also, to some degree, in terms of timing from the lower house that provides a different cross-section of Canadian public opinion and public sentiment over a broad period of time. The classic federalism theory is that we ought to have counterbalancing mandates for the upper and lower houses.

I want to turn now to the question of incremental reform, that which the former prime minister and now the hon. member for Ottawa Centre have derided as piecemeal reform versus wholesale reform. We have an unhappy series of experiments in our recent history with attempts at mega-constitutional reform. They have not been successful. I am thinking here of the Meech Lake accord and the Charlottetown accord. We are trying to move away from that.

The simple, practical reason for moving away from that to incremental reform is that it works. Incremental reform, making changes that are possible, does not involve hanging us up the way the country got hung up on the Meech Lake accord in which the part of the accord that had the highest threshold for approval became the standard by which everything had to be dealt with, which effectively guaranteed that it would be impossible to get it through.

The problem with wholesale reform is that in order to change the terms of senators and the way in which senators are selected, and to move from an appointed to an elected or an advisory elected system, and the changing of the regions and the representation by regions would involve, by necessity, moving to the seven-fifty amendment formula, which means having the approval of seven provincial legislatures representing 50% of the population on the very sticky issue of who should get how many senators.

While I would certainly agree that British Columbia is very underrepresented, which I think we can all agree on, we may discover, as we try to put in more seats for British Columbia and other provinces, that we may not get a national consensus on that. It is easy to say that we should get a consensus, but I would encourage the hon. member, if he gets a chance to stand up, to perhaps provide the percentage, the number of seats he would offer for each province and see whether he would get the support of all provinces or even of his party in all provinces on this subject. There is not a national consensus on this point. We can throw the baby out with the bathwater, which was the approach of the former prime minister, and say that since we cannot get to perfection from here we cannot go anywhere.

However, I still advocate perfection, an unspecified kind of perfection, but I advocate it, or we can work on practical piecemeal incremental reform. This is the route to success. I invite all hon. members to look at the history of elected upper houses in the federations that most closely resemble our own, the Australians, the Swiss and the Americans. What everyone will notice is that in each case they went from much less democratic institutions to much more democratic institutions: to equal, elected, effective senates by means of incremental reform.

For example, 101 years ago was the anniversary of the election of the first American senator. It was an informal election held in the state of Oregon in 1906. Prior to that date, state legislatures had appointed senators. The famous Lincoln-Douglas debates in the 1850s were not debates between two men seeking direct office. They were seeking to cause people to influence their votes for the state House of Representatives, which would then choose which of those two people would go on to the senate.

That changed through the action of one state. Once that state acted, other states began to act the same way. There was a popular groundswell in support of elections and by 1913 the constitution was amended. In short, piecemeal reform produced a breaking of an impasse that would have continued to exist had there been an attempt of wholesale reform.

Australia moved from a first past the post system for its upper house, which was its initial system, to a proportional system. Again, that was done incrementally through piecemeal constitutional reform.

If I have time I will return to this. I note the system we have proposed in the upper house does involve a system of proportional representation known as a single transferrable vote. It is the same system, with some improvements, that exists in the Australian upper house and a number of other countries, including Ireland and Malta. It is a great success in producing more proportional representation.

I mention this simply because part of the critique raised by my predecessor, the hon. member for Ottawa Centre, was that the government was doing nothing on electoral reform. I suggest that moving from completely unelected partisan appointments by the prime minister to a system of proportional representation in the upper house is the greatest move toward any kind of proportional representation we have seen anywhere in this country's history. It is a great accomplishment.

I have mentioned how we are moving in this direction incrementally.

I point out that not only do we require the 7/50 amendment formula, which I would suggest is practically impossible, to move to a different representation province relative to other provinces in the upper house, we require the same thing to abolish the Senate.

While there are people who support abolition of the Senate, in fact the hon. member's whole party would support that, it requires the support of seven provinces with half the population. I think we will find that is just as difficult to attain as a process for changing the proportional representation of the provinces in the upper house. In practice, it is as Utopian as the other suggestion and leads to the fundamental problem of essentially leaving us with the status quo.

The Prime Minister is faced with a choice of attempting to act incrementally, as he is doing, or simply going to direct appointments based upon his own preferences, which might be wise or might be entirely partisan, who is to say, but they would not be democratic by definition.

The problem here, constitutionally, is that there is a section of the Constitution, specifically section 42(1) of the Constitution Act, which deals with and explains our amending formula as it relates to, among other things, the amendment of the Senate. The following categories of rules regarding the Senate are constitutionally protected and cannot be changed without the 7/50 formula.

The Governor General's power to appoint senators cannot be changed without the 7/50 formula. That is why the law is structured as it is. It is a Senate consultations act. It is not a Senate elections act because these are formally consultations. In Canada it is the convention. We have come to understand that the Governor General's power to appoint means in practice a prime minister's unfettered right to advise the Governor General and to expect his advice to be taken without question.

That cannot be changed except, as we are doing, through a law that effectively creates a convention. To those who object to the idea that we should move incrementally and use conventions for our Constitution, I point out that so much of our Constitution is conventional, such as the notion of a prime minister at all. The prime minister is not mentioned in the Constitution. He is purely a convention. This is a very honoured place in our system. In fact, I do not think our Constitution could function without conventions having a central role.

The constitutional qualification for Senators is one cannot become a Senator in Canada unless one is 35 years old. I do not think that is terribly fair, although I feel it is a bit fairer than I did when I was under 35. However, we do not have the power to change that provision, without the 7/50 formula, much as I would like to see that change. Perhaps that can be a non-controversial amendment in the future that all members could support.

I note that constitutional scholars over the years have been clear that the government's approach would not constitute a breach of the relevant sections of the Constitution. It can be done through non-constitutional means.

What we see here is the way mature federal systems act. If we take a look at other federations, one of the things that distinguishes their constitutional history from Canada's recent constitutional history, not Canada's entire constitutional history, for the last say 40 years is this.

In countries like Switzerland, Australia and the United States we see small incremental constitutional amendments discussed, sometimes accepted and often rejected, but never by means of attempts to create vast new edifices, dramatic changes. We see reasonably regular changes to their constitutions. Whereas in Canada we have developed this idea that we must always act as we did in 1982, with the constitutional package that changed our amending formula and introduced the Charter of Rights and so on, but also caused some other problems. As we know there are many Quebeckers who feel greatly dissatisfied with this arrangement and with the fact that their province and their legislature did not sign on to it.

As we did in the Meech Lake accord in 1987 through 1990 and as we did in the Charlottetown accord, attempts were made to create vast new changes, to essentially pull the system up by the roots to examine it and see if it is still growing. These other countries have acted in piecemeal manners and the result is they have gone further in changing and modernizing their constitutions than we have done.

Therefore, it is precedented. It speaks well that we are acting this way through our maturity as a country. It also reflects a part of our constitutional history that gets forgotten, and that is the fact that we actually have had successful piecemeal changes to our Constitution in recent years in areas that were for some mystical reason not seen as being part of a vast edifice.

I think of things like the Prince Edward Island bridge amendment. We had to amend the Constitution to allow a bridge to be constructed to Prince Edward Island. We had an amendment dealing with Newfoundland schools. We had an amendment to change the name of the province of Newfoundland to the province of Newfoundland and Labrador. We also had an amendment on the Quebec schools system that moved to a non-confessional system.

All these amendments have been done successfully, as were some others as well. They were all piecemeal and they all dealt with specific problems.

The attempt here, because we cannot deal through the Constitution, is to step aside, deal through a convention effectively with this law and thereby deal in the same spirit in the same way, which has brought success to our country and other countries, in order to achieve a mature bicameral democratic and, to a greater degree than ever before, a proportional system of democracy in the country.

I am excited by this. I think when the time comes in the future, all Canadians will look back at this move forward as one of the keystones in our country's democratic development.

Senate Appointment Consultations ActGovernment Orders

April 20th, 2007 / 10:05 a.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

moved that Bill C-43, An Act to provide for consultations with electors on their preferences for appointments to the Senate, be read the second time and referred to a committee.

Mr. Speaker, I am pleased to open the debate on Bill C-43, the Senate Appointment Consultations Act, which is important legislation to make Canada's democratic institutions better. It also represents another step in the positive reform of the Senate undertaken by this government.

This bill follows through on the promise made to the people of Canada in the Speech from the Throne to “explore means to ensure that the Senate better reflects both the democratic values of Canadians and the needs of Canada's regions”. More importantly, this bill strengthens the pillars of our proud Canadian democracy. Bill C-43 not only strengthens but also revitalizes and modernizes some of our traditional Canadian values. What I am talking about, of course, is what Prime Minister John George Diefenbaker called the “legacy of freedom” cherished by all Canadians.

In 1960, Prime Minister Diefenbaker's definition of Canadian values included the right to “be free to speak without fear, free to worship in my own way, free to stand for what I think right, free to oppose what I believe wrong, and free to choose those who shall govern my country”.

The right to choose who will govern our country or the right to vote is perhaps our most precious and fundamental right, something that has been in our thoughts this week as we mark the 25th anniversary of the Canadian Charter of Rights and Freedoms.

We on this side of the House are proud and honoured to be part of a Conservative parliamentary tradition of expanding rights to Canadians, including particularly the right to vote.

It was Sir Robert Borden's wartime government that first extended the right to vote to women who had close relatives in the armed forces through the Military Voters Act of 1917.

At the dawn of 1919 all women were enfranchised with the enactment of the Act to Confer Electoral Franchise Upon Women, again by Borden's Conservative government.

Likewise, in 1960 Prime Minister Diefenbaker put an end to what he rightly considered an unfair law that forced native people to choose between their right to vote and their treaty rights. Giving aboriginal people the right that was granted to them at Confederation was an ideal to which Prime Minister Diefenbaker had long been dedicated. He noted this in his memoirs:

I felt it was so unjust that they didn't have the vote.I brought it about as soon as I could after becoming prime minister.

Diefenbaker's government granted status Indians the right to vote, without having to give up their treaty rights on March 10, 1960, thus eliminating once and for all voting rights restrictions based on race or religion in Canada.

Our government is following the course charted by our predecessors in Parliament and strengthening the voice of the Canadian people in the Senate, one of our most valuable institutions. We had told Canadians that our government would be mobilizing and democratizing the Senate so that they could have a say in the appointment of their senators. It is time that all Canadians be allowed to exercise the most fundamental right in any democracy, namely the right to vote, in the selection of those who will represent them as senators.

As soon as it took office, our government undertook, as promised, a process to strengthen democracy.

The first legislation passed in this Parliament was the government Bill C-4 that created a review of party registration rules, and just before Christmas, we finally secured passage of the Federal Accountability Act. From a democratic reform perspective, the act reduced the influence of big money in election campaigns and imposed new donation limits and disclosure requirements on those who seek public office.

We have, again with the support of our colleagues in the opposition, passed legislation in the Commons to establish fixed dates for general elections, that is, every four years in October.

Just like the bill we are discussing today, Bill C-16 represents a meaningful improvement to the democratic landscape without requiring a constitutional amendment. Ironically, the Liberal Senate has blocked it from becoming law by amending it at the last minute. We will be asking the Senate to remove that inappropriate amendment so that fixed dates for elections can become law.

Bill C-31 will enhance the integrity of the electoral process. It is currently awaiting approval in the Senate and we would like to see it passed as soon as possible, so that it can be put in place for the next general election.

As we know, citizen involvement is fundamental to any democratic institution. Unfortunately, Canadians have had no involvement in the selection of their senators.

There is one exception. In 1990, Prime Minister Brian Mulroney appointed Stan Waters to the Senate after he was selected in a Senate election sponsored by the province of Alberta.

This week, the Prime Minister told us another exception is coming, with his intent to appoint Bert Brown to the Senate, also chosen by Albertans in a vote to represent them.

These are the harbingers of change and the democratization that will be made a permanent fixture in our Canadian democracy, allowing Canadians a say in who will represent them in the Senate, strengthening our Canadian democracy.

Bill C-43 moves to make this happen by immediately involving Canadians in the process.

This bill will enable the government to consult Canadians about the people who will be representing them in the Senate. It is also an important step in the evolution and modernization of a great Canadian institution.

Furthermore, this bill recognizes that citizens—not political friends or big donors—are in the best position to advise the Prime Minister about the people who should speak on their behalf in their institutions. We know that Canadians think it is time to act on this idea.

Bill C-43 will do more than enable Canadians to have their say about the representatives who will be making decisions on their behalf here in Ottawa. It also guarantees that those representatives will be accountable for the decisions they make.

Consulting the Canadian public on Senate appointments will help to boost the Senate's legitimacy in the eyes of Canadians by transforming it into a more modern, more democratic, and more accountable institution that reflects the core values of Canadians.

Senate reform has been something of a national preoccupation for more than a century now, consuming a great deal of time, energy, effort and attention, almost since Confederation in fact.

Well-meaning and reasonable proposals to improve the Senate have sadly become bound up in the broader national pursuit of omnibus constitutional reform, and those efforts to modernize the Senate came to naught.

Ultimately, of course, we know that fundamental reform of the Senate will require complex, lengthy and multilateral constitutional change. There does not exist, sadly, at present, the national consensus or will required to engage in the inevitably long and potentially contentious rounds of negotiations that would be involved.

Some people say that it would be best to do nothing. They just want to shrug their shoulders and say they cannot do what must be done. That is exactly what the Leader of the Opposition did this week. Others prefer to close their eyes and wait until some other time when all of the issues concerning the Senate can be resolved at once.

That is not what the government thinks, nor is it what Canadians think. We believe that Canadians expect more from their national institutions and their government. In fact, that is what they have told us. They know that some Senate reforms are within our grasp, and they want us to act.

There are, of course, other elements of a reformed Senate that will have to wait for another day, most notably redressing the inequalities of provincial representation. However, our step-wise approach will lay the groundwork for a strong foundation for any future change.

I am pleased to note that during the consultations of the Special Senate Committee on Senate Reform last fall, leading constitutional scholars agreed with the government's interpretation that the approach taken in Bill C-43 is legally valid without a constitutional amendment.

Speaking of that Senate special committee, I would like to use the example of another piece of legislation, Bill S-4, as clear evidence that Canadians need and deserve an upper chamber that is more democratic and more accountable to them.

Bill S-4 is legislation that proposes to limit Senate terms to eight years. Bill S-4 was introduced in the Liberal dominated Senate for consideration on May 30, 2006.

Last spring the upper chamber struck a Special Senate Committee on Senate Reform to examine the subject matter of Bill S-4. The committee held exhaustive hearings with witnesses, including the Prime Minister, ministers from several provinces and constitutional experts. In October of last year it reported its findings, which supported the government's approach.

Let me emphasize the point that the special Senate committee with its Liberal Party majority, in its report, endorsed the government's incremental approach to Senate reform. It went so far as to pronounce itself hopeful that the government would continue the momentum of reform it began with Bill S-4.

Paradoxically, however, Liberal members of the Senate brought the momentum of reform, so admired by the committee, to a screeching tortuous halt. Bill S-4 is now the subject of a second round of hearings by a Senate standing committee, a committee that is essentially duplicating the efforts of the special committee.

Despite the endorsement of the special Senate committee, Bill S-4 languishes in the upper chamber still, an astounding 325 days after its introduction.

This is all the more remarkable when one considers that the Liberal Party leader says he supports term limits for senators. He even bravely declared months ago that he would get the Liberal senators to finally deal with the bill. According to the Canadian Press, Dion's decision “Breaks an impasse in the Senate”. Despite his bold declarations, he could not get it done. More Liberal senators continue to obstruct and delay the Senate term limits bill.

A national institution that is truly accountable to the people would not engage in this political muscle flexing for almost a full year so far. An institution that is truly responsive to the people it purports to serve would not employ these recalcitrant procedural manoeuvres for the sole purpose of frustrating the government's agenda, an agenda endorsed by Canadians.

I would like to take this opportunity to once again implore members of the official opposition to urge their colleagues in the Senate to stop playing games, stop resisting constructive change, and get on with the job that Canadians expect and want them to do.

The government rejects the tactics employed by some senators and is taking action to respond to the wishes of Canadians on the subject of Senate reform.

In conclusion, Bill C-43, the Senate appointment consultations act, will strengthen and revitalize the very values that define us as Canadians, values such as democracy and accountability in government.

Indeed, it extends to Canadians the most fundamental right of all, the right to vote, by advancing the principle that Canadians should have a say in who speaks for them in the Senate.

The government believes Canadians should have that right. Bill C-43 not only allows Canadians to indicate who they would like to represent them, it ensures that the people they select are required to account for their actions. In fact, the bill proposes rigorous standards of accountability for nominees, similar to the ones Parliament has put in place for the Commons through the Federal Accountability Act's amendments to the Canada Elections Act.

Bill C-43 is a realistic and achievable Senate modernization measure. It will not have to go through official constitutional amendment procedures. This is not a bill to amend the Constitution, and there is nothing in it that requires a constitutional revision. That is the government's position.

Rather, this is an important step that is part of a gradual approach. The ultimate goal is to bring the Senate into line with the democratic values of Canadians. We need to strengthen democracy. The act to provide for consultations concerning Senate appointments lays the foundation for future changes that will transform Canada's Senate from a 19th century institution into one fit for the 21st century.

Canada Elections ActOral Questions

February 20th, 2007 / 2:45 p.m.


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NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, they can run but they cannot hide.

The electoral lists are not secure documents. Often, all it takes to activate a credit card is a name, address and date of birth. Now the Conservatives plan to give birthdate information to anyone who asks.

This big brother bill does nothing to protect the integrity of the voting system. All it takes is support from the government.

Will the Prime Minister take this matter seriously and scrap the peeping Tom clause in Bill C-31, yes or no?

Electoral ReformPrivate Members' Business

February 19th, 2007 / 11:40 a.m.


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Bloc

Pauline Picard Bloc Drummond, QC

Mr. Speaker, I am pleased to rise today to speak on Motion M-262 put forward by the hon. member for Vancouver Island North. I thank her for having proposed this motion.

First off, let me say that the Bloc Québécois will not be supporting this motion proposed by the hon. member for Vancouver Island North because it duplicates the work done by the Standing Committee on Procedure and House Affairs.

Considerable work has been done, and the committee has expended a great deal of time and energy as well as taxpayers money to produce its 43rd report, pursuant to the order of reference of November 25, 2004, that, further to the Address in Reply to the Speech from the Throne, the Standing Committee on Procedure and House Affairs recommend a process that engages citizens and parliamentarians in an examination of our electoral system with a review of all options.

In March 2005, members of the committee divided into two groups and travelled to several countries in order examine at first hand the experience of electoral reform and to see how those countries had consulted and engaged citizens in the reform process. Seven members travelled to Scotland, England, and Berlin, while six other members travelled to New Zealand, and Australia. During these trips, the members had the opportunity to meet with a wide variety of politicians, academics, representatives of political parties and electoral commissions, and persons involved with electoral reform, and to study at close hand the systems and reform processes used, if any.

The committee approached this study resulting in the 43rd report by hearing from a number of witnesses. These included representatives of the Law Commission of Canada; representatives from various groups involved with public policy; academics who have studied issues relating to electoral reform and public consultations; and representatives of various provincial initiatives involving reviews of electoral systems. All of these individuals and groups have been extremely helpful in providing members of the committee with valuable insight on how to approach the issue of electoral reform, the ways in which to review the existing electoral system, and how best to consult with and engage citizens.

Moreover, a call for tenders for public consultations on Canada's democratic institutions and practices went out on January 9 in response to the April 4, 2006, Speech from the Throne, which stated that:

Building on the work begun in the last Parliament, this Government will seek to involve parliamentarians and citizens in examining the challenges facing Canada's electoral system and democratic institutions.

The consultations will address various issues, including political parties, the electoral system, the House of Commons, the Senate, and the role of citizens. These consultations are to begin March 9, 2007, and an interim report is to be tabled by May 23.

The motion tabled by the member for Vancouver Island North proposes a number of elements already included in Bill C-16, An Act to amend the Canada Elections Act, and in Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act. Let us take a look at some of these elements.

Bill C-16 would relieve the Prime Minister of the prerogative to call a general election at the most auspicious time for the political party in power.

This bill has other positive spin-offs. It supports the work of Parliament by enabling elected representatives to better plan their work and by preventing elections from interfering with the adoption of the estimates. It also promotes voter participation. Contrary to what the Conservative government would have us believe, democratic reform as set out in Bill C-16 will not lead to an upheaval because it will not bring major changes to the status quo.

In a minority government, the opposition will still be able to overthrow the government and trigger an election at any time because this bill does not challenge the fundamental principle that a majority of parliamentarians can decide to trigger an election if they feel it is necessary.

A fixed election date system only works if the government in power agrees to it. Since the Prime Minister retains the right to recommend that Parliament be dissolved at any time before the fixed date, he can call an election whenever he chooses, with a good reason to do so.

The other element in motion M-262 relates to Bill C-31, which seeks to reduce the opportunity for fraud or error, improve the accuracy of the national register of electors, facilitate voting and enhance communication between election officials, candidates, parties and voters.

Bill C-31 was the product of close cooperation among the political parties. The government listened to the opposition parties when it introduced Bill C-31. The Conservative government should take the same approach to other issues, instead of stubbornly pushing its law and order agenda, and it should listen to the Bloc Québécois, which is calling for rehabilitation rather than repression. Moreover, instead of insisting on dismantling the gun registry, the minority Conservative government should listen to the Bloc Québécois, which is calling for better control over the registry costs.

As I have already said, the purpose of this bill was to improve the integrity of the electoral process by reducing the opportunity for fraud or error. As a member of the Standing Committee on Procedure and House Affairs, I participated in the work leading up to the introduction of this bill in the House of Commons, so I can say that a lot of work went into it.

The committee includes representatives of each political party, all of whom cooperated effectively, thus enabling us to achieve our goal of improving the electoral process and strengthening the public's faith in it.

The bill also proposes another change that the Bloc Québécois has long been calling for: assigning each voter a unique identification number. This unique identifier will appear on the voters' lists, eliminating duplication and making for better lists. It is important to point out that this unique identifier will be randomly generated and assigned by the chief electoral officer.

In our opinion, other concerns are more pressing that motion M-262, such as the fiscal imbalance, which the Bloc Québécois, on behalf of all Quebeckers, is calling on the government to correct by transferring $3.9 billion to Quebec.

There is also the crisis in the manufacturing sector. The Conservative government's economic laissez faire approach is no response to the challenges manufacturers face to modernize, innovate and equip themselves better in order to compete with foreign companies.

These are just a few of the issues that we think are more urgent than creating a special committee to continue the work of electoral reform, because, as I said a few minutes ago, that work has already been done, and at a considerable cost.

Electoral ReformPrivate Members' Business

February 19th, 2007 / 11:20 a.m.


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Conservative

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

Mr. Speaker, the gist of my presentation today will be to point out that in view of the very aggressive set of initiatives already introduced by the government on the subject of electoral democratic reform, both in this chamber and for application to the upper House, the motion by the hon. member for Vancouver Island North is effectively redundant.

I want to start my comments by pointing out that the government in its throne speech indicated that it was going to focus intensively on the challenges faced by Canada's electoral and democratic systems. This was done in part in response to the 43rd report of the Standing Committee on Procedure and House Affairs in the last Parliament.

Seeing as the New Democrats are talking about the report of this committee as if it is holy writ or, indeed, brought down from Mount Sinai by Moses, I note that in fact it was not; it was brought down by a group of us, including me.

Let me just read for members what the report said, because it does not say quite what the New Democrats represent it as saying. It states that a “citizens' consultation group”, along with the parliamentary committee, should:

--make recommendations on the values and principles Canadians would like to see in their democratic and electoral systems...[this] would take into account an examination of the role of Members of Parliament and political parties; citizen engagement and rates of voter participation, including youth and aboriginal communities; civic literacy; how to foster a more representative House of Commons, including, but not limited to, increased representation of women and minorities, and questions of proportionality, community of interest and representation;....

Some of this is being taken care of through the citizens' consultation process that is currently under way, as the government has announced, and which has a much broader mandate than what the hon. member is proposing in her motion, but it is a mandate that reflects accurately what was proposed by this committee when it made its report in June 2005.

Indeed, we have made sure that the consultation group reflects what the committee wanted. At the time when I sat on that committee, I was not a fan of that process, but Ed Broadbent, who is constantly cited in the NDP's arguments, spoke in favour of that particular type of process. I said that we would have the usual suspects showing up at this process, and he said, “Sure, it will be the usual suspects, but they have a lot to say, and it is a good process”. The committee voted for it and the government is following through on the recommendations of the committee.

Now the New Democrats have discovered that they really favour another proposal, the citizens' assembly proposal, which Mr. Broadbent fought against vigorously when it was brought up by the Conservatives and which is why the Conservatives put a dissenting report advocating that proposal into the 43rd report of the procedure and House affairs committee. Thus, when the NDP members refer back to this through a revisionist version of history, we must recall that it is a little bit different from the way it actually worked when it happened.

I now want to list some of the legislative initiatives that the government has moved forward with on the subject of democratic reform, because this is really an extraordinary push forward. We are doing more on this issue than any previous government has ever done.

I will start by pointing to the Federal Accountability Act, which changed the rules for financing. It made them much more restrictive, eliminating corporate and union donations and reducing individual donations to $1,000 per capita, ensuring, in other words, that money and affluence are not the determining factors in financing political parties, and therefore ensuring that parties can operate on a level playing field.

We have moved forward on a number of items that deal with making the electoral system fairer, such as Bill C-31 to get rid of electoral fraud, a bill that the NDP opposes although all other parties in the House support it. It is a bill that will do a great deal to make the system much fairer and will ensure that no Canadian is disenfranchised, because electoral fraud disenfranchises everyone who is affected by a vote outcome that can be determined fraudulently, and that is a real problem.

The increased electoral fairness through Bill C-16, which is now in the Senate, having been passed by the House, will ensure that elections occur once every four years, not when the Prime Minister chooses to call them based upon whether his or her party is high in the polls. That was a terrible wrong. It was abused by the previous government repeatedly. This initiative will ensure that it is not abused again. This follows, of course, a series of legislative initiatives adopted at the provincial level, first in British Columbia and then in Ontario, to ensure that provincial elections are also on fixed four year dates.

We have also moved forward on Senate reform. Bill S-4 limits the tenure of senators to eight years. We are having a tremendous problem getting that bill through the Liberal controlled Senate. The government has initiated this bill. It makes sense. It is going to ensure that senators are not effectively appointed for life. Frankly, this is the first time we have seen any serious attempt at Senate reform in the history of this country.

Bill C-43, An Act to provide for consultations with electors on their preferences for appointments to the Senate, would allow for elections of senators. They are called consultative elections because we have to respect the constitutional prerogative of the Governor General to appoint senators.

That bill is interesting not only because it would allow for democracy to finally reach into the Senate and elections to occur within the Senate, but elections under this legislation would not be by means of the first past the post system. Rather elections would be by a single transferable vote system, in short, a proportional system that attempts to ensure that broader preferences come forward and are represented in choosing a senator. It would have the same effect in the Senate as what occurs in the Australian senate, for example, which uses a similar system where a broader range of preferences is expressed. This is a tremendous step forward.

I find it interesting that when talking about proportional representation the New Democrats always take great pains to avoid talking about the one piece of electoral reform legislation that is actually before the House right now, the attempt to introduce proportional representation in the upper house of Canada. In listening to the New Democrats talk about this, one would think there is nothing going on there at all and that it is not worth discussing.

Focusing on something that can happen right now in this Parliament is very important. The issue came up when the member for Elgin—Middlesex—London introduced a motion in the procedure and House affairs committee last week asking that the committee consider a variety of democratic and electoral reform issues, including the issue of proportional representation in the upper house. The New Democrats on the committee voted against it. They ensured that the motion would be defeated.

I do not detect a pattern of behaviour that is logical and actually beneficial toward moving forward on the democratic reform file. The New Democrats are trying to focus on a single hobby horse in a way that suits their interests best.

I find it interesting that Ed Broadbent advocated the idea of electoral reform. During the election campaign when the New Democrats released their election platform, that party moved from favouring more proportional representation as a general theme and letting Canadians look for the best solution, to directly choosing the solution that would be given to Canadians, the multi-member proportional system.

That system has some merits. That system is used in Germany and New Zealand, both of which are respectable democracies, but it not the only available proportional system. For example, it is not the system used in Australia's upper house, which is proportional. It is not used in Malta or Ireland. All of those countries have a single transferable vote system. It is also not the system used in Australia's lower house which uses the alternative vote system. It is not the only proportional system, but it was the only one that the NDP wanted to advocate.

The New Democrats were actually advocating it. They were saying it was essential to move from our system to that system when the MMP system, the multi-member proportional system, had just been defeated in P.E.I., where it received less than 40% of the vote, and an alternative system, the single transferable vote proportional system, had been adopted by almost 60% of British Columbians in another referendum.

We have to be careful. When we look at what the New Democrats are proposing we have to ask ourselves, do they favour proportional representation? Do they favour changing the electoral system in a way that reflects what Canadians want, which means maybe not choosing that system up front, or do they favour the system that is likely to produce the best result in terms of numbers of seats for New Democrats if their vote total does not change? In other words, the NDP is saying, “Without actually changing our appeal to the Canadian people, how can we get more seats in the House of Commons?”

That is not a beneficial approach. We have to work on allowing Canadians to make these decisions themselves.

Business of the HouseOral Questions

February 15th, 2007 / 3:05 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

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

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

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

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

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

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

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

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

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

Business of the HouseOral Questions

February 8th, 2007 / 3:05 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

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

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

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

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

Thursday, February 15 shall be an allotted day.

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

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

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

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

Canadian Human Rights ActGovernment Orders

February 7th, 2007 / 4:40 p.m.


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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

She went on to say:

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

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

She states:

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

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

She also mentions:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

February 1st, 2007 / 3:05 p.m.


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York—Simcoe Ontario

Conservative

Peter Van Loan ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, I appreciate the fine words of welcome from the opposition House leader.

Today, of course, we will be continuing with the opposition motion. Tomorrow we will continue debate on the report stage amendments to Bill C-31, the election integrity act amendments with which we are all familiar.

For Monday and Tuesday, we are intending to call Bill C-26 on payday loans, which is at third reading, Bill C-32 on impaired driving, Bill C-11, the transport act, and Bill C-33, the technical income tax bill.

On Wednesday we hope to begin debate on the third reading stage of Bill C-31, followed by Bill C-44 relating to human rights.

Thursday, February 8 shall be an allotted day. Next Friday we would like to begin debate on the anti-terrorism motion that would extend the application of certain sections of the Anti-Terrorism Act that are due to expire.

Finally, as members know, democratic reform is a priority for Canada's new government, and given that the Liberal leader has publicly expressed his support for term limits for senators, could the official opposition inform the House as to when it can expect the unelected, unaccountable Liberal senators who are delaying and obstructing that bill to give us a chance to consider it here in the House of Commons?

Procedure and House AffairsCommittees of the HouseRoutine Proceedings

December 13th, 2006 / 3:15 p.m.


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Conservative

Gary Goodyear Conservative Cambridge, ON

Mr. Speaker, I have the honour to present, in both official languages, the twenty-sixth report of the Standing Committee on Procedure and House Affairs.

This report concerns the committee's order of reference of Tuesday, November 8, 2006, Bill C-31, An Act to amend the Canada Elections Act and the Public Service Employment Act.

The committee has considered Bill C-31 and has agreed to report it with amendments.

Aeronautics ActGovernment Orders

November 6th, 2006 / 6:05 p.m.


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Bloc

Mario Laframboise Bloc Argenteuil—Papineau—Mirabel, QC

I would like to thank my colleague from Alfred-Pellan who has informed me that it is actually Bill C-6.

I would note that my colleague from Alfred-Pellan is on the committee. His participation is valuable and he, too, will have an opportunity to ask the government questions in committee, including why it is introducing Bill C-6, which is the old Bill C-62, which was itself the old bill S-33, which came out of a Transport Canada study begun in 1999.

The department wants to implement a new approach to the security management system. It claims this new approach has shown good results in Australia and Great Britain. The idea was to correct deficiencies that Transport Canada might never even have heard of. The department believes that this initiative would provide an additional layer of security.

Transport Canada is trying to convince us that this would not change the existing system. An additional layer of security would simply be incorporated. However, we think that in the final analysis, there is a risk that the safety of passengers and civil and commercial aircraft users would be endangered.

Indeed, while this bill aims to implement a new safety management system and to allow employees to speak openly about how it is working, at the same time, it allows each airline to have its own employee training program, its own system for auditing the work of employees, their skills, and the equipment.

Clearly, this is self-regulation. That said, we have learned certain things about the inspectors, the Transport Canada check pilots and those who are tasked with conducting investigations. I will give some examples in a moment. At present, Transport Canada has an entire team that randomly and without warning visits airlines to perform audits. They verify that the pilots have the necessary qualifications, are capable of piloting the aircraft assigned to them and have adequate training, and that the airline is keeping up with the most recent industry standards.

In short, they perform random checks. Yet, this entire system would be replaced in the security management system. That is what Transport Canada investigators are being told. All of the Transport Canada check pilots are being told that, in the future, they will only be auditors. They will no longer be allowed to perform random monitoring or random checks. They will only be auditors. In fact, with this system, the airlines will self-regulate and the auditors will have to confirm that the airlines have implemented what they promised to implement. That is more or less the case.

Lastly, the bill would give accreditation and training authority to the airlines themselves. They will have to ensure that their staff is trained and that the equipment is in proper working order. Thus, there will no longer be an inspection system. The inspectors will become auditors who will ensure that proper records have been kept. If an employee ever files a grievance, quite a process must then begin. In fact, what this bill hopes to encourage is whistleblowing.

Often, the industry will spend as little as possible on safety. Voluntary reports will probably be made after an accident occurs. The employee will say that he had notified the boss, but that the boss had forced him to work. Now, he is saying that, in a given year, something was not right.

That is what we in the Bloc Québécois are afraid of. At the same time as the government is introducing this safety management system, it is dismantling existing systems and investing less in training our Transport Canada inspectors, the check pilots.

What tipped us off was not Bill C-6, but the check pilots—the inspectors— themselves. They came to meet with members and told them that they used to receive training. Every year, there was a minimum number and a maximum number of hours of training. For three years now, they have been limited to the minimum number of hours of flight training. These are the inspectors who are responsible for determining whether pilots have the proper training on all types of aircraft. We are not talking just about airliners, but about all commercial aircraft, ranging from bush planes to airliners. They all must be inspected.

At present, there is a system that ensures that the Transport Canada check pilots or inspectors, trainers and investigators are trained in all equipment and all new technologies and are capable of telling a company that its pilots do not have the necessary training or need to upgrade through ongoing training or some other means. This system is now being set aside.

I would like to read some comments from people who work in this field, including Transport Canada investigators.

In this regard, I would like to read a few comments made by those who work in this area. Here is what they say:

Transport Canada's investigators, through ... the vice-president for Quebec of the Union of Canadian Transport Employees ... said they fear that the government will, under the SMS (safety management systems), take advantage of future retirements to not renew part of the supervisory staff.

This process is already underway. These people are concerned because the government is telling those who are retiring: “Listen, you are going to leave and you will not be replaced”.

The goal is to take all those who conduct investigations and turn them into auditors. They will no longer conduct investigations; they will merely look at the books and check to see if the company is doing a proper job of monitoring.

A letter dated June 7, 2006 reads as follows:

—the Canadian Federal Pilots Association told the government that it objects to pilots' proficiency tests being conducted by the companies themselves, rather than by qualified Transport Canada inspectors, who follow the pilots in flight to assess their skills.

This is what the SMS are all about. Airline companies will be certified and will test their own employees. As I said earlier, this is putting the fox in charge of the hen house. Yet, this is what is being done and what is already in effect.

This is a letter addressed to the Minister of Transport, Infrastructure and Communities, and it is dated June 7, 2006. That was not five years ago, since this was just done. The letter continues:

—Similarly, we learned that, in order to save money, aircraft are always taking off with less fuel (thus making them lighter)—.

So, in order to save money, airlines have this good or bad habit—if you are like me and you are little afraid of flying—of putting in as little fuel as possible to save money, because the aircraft is then lighter. The letter goes on to say:

The options available are just that much more limited, which means that, in case of deviation, head winds or delays in landing, the risks become much greater. For example, a transportation safety board document indicates that, in 2003, because of a navigation error, an aircraft flying to New Zealand landed with 359 pounds of fuel left, which is barely enough to fly just a few minutes.

The inspectors' reports provide such examples and that is why we need inspectors to arrive unannounced to carry out analyses and inspections. The industry wants to save as much money as possible and it saves on everything, even fuel. Planes fly with just enough fuel to reach their destinations.

When there are investigations, the investigators see that the industry is in trouble. The reason for putting in place safety management systems is that there are no longer any inspectors and the industry is self-regulated. The industry will dictate the standards to its own companies because the government or Transport Canada will have accredited them for that purpose.

This policy of having as little fuel as possible and of saving as much money as possible will continue forever. One day, a plane will not have enough fuel, there will be an accident and then we will question all these safety management systems that were put in place because there was a problem, there were no longer any inspectors and the government, during that time, tried to save money. There were fewer inspectors, thus less monitoring.

I do not believe that the Conservative members or that the Minister of Transport, Infrastructure and Communities have fully understood the implications of this reform that dates back to 1999, that is before September 2001.

I will close by quoting Grant Corriveau, a retired Air Canada pilot, in an interview with the Toronto Star:

All the new bells and whistles are continually pushed to the limit in order to become more profitable and to squeeze more airplanes into more airspace and then when something goes wrong, you have less outs and less room to manoeuvre.

He added that during his 30-year career, he has seen budgetary belt-tightening change the way pilots fly. Add to these serious examples the fact that airlines wanted to reduce the number of flight attendants and that the Conservative government decided to take a step backward.

All of these proposals are aimed at having as little security as possible, as little surveillance as possible. An industry that is constantly seeking to bolster its credibility should not be trying to do such things.

We would be doing it a disservice even though, on paper, it looks like a good idea to create this security management system and offload regulatory responsibilities, such as conducting personnel and equipment evaluations. It sounds like a good idea. The government would probably save money because it would no longer have to pay for inspectors, investigators and check pilots.

In the current climate of fierce competition, where companies are closing their doors, the Conservative government would be making a big mistake by letting them self-regulate and do their own personnel skills and quality control inspections. In Quebec, Jetsgo closed its doors about a year and a half ago, not 10 years ago. I am not just talking about large airlines. As I said earlier, we are talking about all aspects of commercial aviation, from bush pilots and bush planes to big commercial airliners.

The Bloc Québécois is against Bill C-6. The committee will try to improve it. We will have to ask the right questions and hear from the right people to ensure that we are not making a mistake by adopting Bill C-6 as written.

As I said, I am not sure my Conservative colleagues have understood. The Bloc Québécois feels that the Department of Transport's budget should be maintained, especially the funds for inspection. This is very important. We cannot leave passenger safety to the industry.

As I already explained, in this context of fierce competition, we are not doing a favour to the industry by making it responsible for its own safety. Transport Canada must maintain its staff of inspectors, check pilots and investigators, and it must uphold the principle whereby it may always carry out inspections and investigations without warning, to ensure that commercial and other airlines always comply with established standards.

Let us not do like in the example mentioned earlier and fly with as little fuel as possible. It was an investigation, an inspection which revealed that only the minimum amount of fuel required to reach destination had been put in the aircraft, thus jeopardizing passengers' lives.

It is often only for short term profit. The airline industry is going through very tough times and it needs long term support. The Bloc Québécois feels it is very important that the public be consulted. The objectives of Bill C-6 must be openly and publicly stated. Similarly, we should not impose an additional burden on the shoulders of small carriers. The bill does not set limits. Any airline can apply for certification. Clause 12, which amends section 5.3, reads as follows

5.31 (1) The Minister of Transport may designate, from among organizations that meet the conditions prescribed by regulation, one or more organizations whose activities relate to aeronautics to exercise or perform any of the powers, duties and functions set out in subsection (2). The Minister shall give a designated organization a certificate of designation setting out its powers, duties and functions and the terms and conditions under which they may be exercised or performed.

That is accreditation. This does not take into account the size of the business. Among the smaller airlines, those that are accredited will likely have lower expenses, and those that are not accredited will have to invest much more money, because they will be under Transport Canada surveillance and could be investigated. This is ideal, because it forces the airlines to always have the latest equipment and the best-trained staff. They will be less competitive and, over the medium term, will see that those that have their own service and have been accredited by the department of transport do not need to invest as much.

In that case, all these businesses will be forced to try to save money and obtain accreditation, and this does them no favours. This is why the Bloc Québécois will remain staunch defenders of Quebeckers and Canadians who like to travel by plane. We hope to maintain an adequate monitoring, investigation and inspection system under the responsibility of Transport Canada.

Speaker's RulingCanada Elections ActGovernment Orders

November 6th, 2006 / 1:30 p.m.


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Conservative

Jay Hill Conservative Prince George—Peace River, BC

Mr. Speaker, it is indeed a pleasure to rise today to join the debate on Bill C-16.

I wish to indicate at the outset of my remarks that I will be splitting my time with my colleague from Regina—Lumsden—Lake Centre, the parliamentary secretary to the hon. government House leader.

I have had the privilege of serving as the chief government whip in Parliament and the honour, as well, of serving on the procedure and House affairs committee which was the committee to which Bill C-16 was sent for further deliberation following second reading in the chamber.

I was pleased with the work that the procedure and House affairs committee did on this piece of legislation. I commend members from all four of the political parties, not just from the government side but from the three opposition parties, which dealt quite expeditiously with the legislation and I think quite thoroughly. They looked at it, called witnesses, and debated it at some length, as my colleague from the New Democratic Party just alluded to. Amendments were brought forward that provoked further debate and some great comments, I felt, from colleagues from all four parties as we worked through this piece of legislation.

Indeed, it exemplified the way Parliament should work. There was a need identified on the part of the government, but as colleagues from other parties have said, not just on the part of the government. It is something that many people have worked on over the years and have highlighted that there should be further change to our democratic process and institutions.

It reminds me, if I needed any reminding, that I started out in this political business as a Reform Party of Canada member of Parliament. Really, when I was first attracted to the Reform Party back in the late eighties, I was attracted on three big platform issues. I was a farmer at that time raising three young children. I was trying to look forward to what life would be for my children. My children are now all in their mid-twenties. I was concerned then as I am today, as are many Canadians, about what kind of world and what kind of country we will be leaving the next generation.

I focused in on three issues. The first was the need for fiscal reform because I was concerned about the debt load that we would be passing to future generations. That is one of the reasons I am very proud of the steps that the government has taken already in the recent announcement of reducing our national debt by some $13.2 billion. That money was assigned out of the surplus to better enable our country to tackle the issue of our national debt and to ensure as much as possible that we do not see this intergenerational transfer of wealth that could result in reduced services and reduced opportunities for the next generation. Any parent, and indeed any grandparent, is concerned about that type of thing.

The second issue, moving on from fiscal reform for which I was attracted to public life, was the need for judicial reform. Here again, I am very encouraged by steps that the justice minister and the new Conservative government have taken. We have brought in 11 bills already thus far in this Parliament since it got under way in April. I am very proud of that fact. Even if they do not all pass, it has prompted further debate about the need to restore not only justice but the perception that justice is done in our country and that criminals will be held accountable for their actions.

As I travel throughout the beautiful riding of Prince George—Peace River and indeed across Canada, I hear this all the time from Canadians from all walks of life. They are very concerned with what they perceive to be an inherent injustice in our judicial system.

It is important to try to do what we can as parliamentarians to restore that faith in the justice system and, to give one example, in the fact that the most violent and most vicious of criminals will be held accountable and will serve their proper time in jail, not under house arrest.

The third area of interest for me is democratic reform. Here we come to the bill that we are debating. As part and parcel of the need for democratic reform--and the member from the New Democratic Party has just put forward thoughts about proportional representation--we have already taken some steps in this regard. We have legislation in the other place that deals with limiting Senate tenure, because Canadians have expressed concern that under the present system senators are appointed sometimes early in life and serve until the age of 75. Canadians feel that perhaps should be changed, so we brought forward legislation to deal with it.

We also have a bill before the House which I hope we will be debating later this week, Bill C-31. Again, it is on something that was raised at the procedure and House affairs committee by colleagues in all parties. There seems to be a general consensus that something further needs to be done with our electoral system to ensure that, as much as possible, voter fraud is eliminated. I noticed while watching television last night that there is concern about the voter fraud issue in the election that will be taking place tomorrow in the United States. As much as possible, we want to improve our system to ensure that it best serves the needs of Canadians.

On Bill C-16, certainly it has been indicated that we do have general agreement among the parties on wanting to eliminate the potential for abuse, either by prime ministers or, in the case of provincial legislation, which we already have in some provinces, by premiers, by having fixed dates for elections. We all need to be very careful when we refer to this that we do not talk about fixed elections. During the last debate in the House, a few people misspoke. We in the government are certainly not interested in fixing elections, but we are very much interested in fixing the dates of elections.

Already during the debate, we have heard about the fact that if the government were to be sustained until then and in actual fact did not lose the confidence of this place, under our electoral system the next election would not take place until Monday, October 19, 2009. I think that type of clarity is very welcome. I know it is welcomed by the constituents I represent, the people of Prince George—Peace River.

Why do I say that? Because British Columbia does have fixed election dates. It was the first province to do so, in 2001. Indeed, like other countries around the world, it was very quick to see the value in having a fixed election date that brought clarity and certainty to all political parties. It levels the playing field for all participants and indeed for all voters, because it is known well in advance when that election will take place.

In 2001, British Columbia brought this forward and we had our first fixed election date on May 17, 2005. A lot has been said about the possibility that if we have fixed election dates, they somehow will produce lame duck governments, but that has not been the experience, not only in British Columbia but also in other jurisdictions and countries around the world. That has not been the case. I think a strong argument can be made that, with this type of certainty, governments, whether they are majority or minority, will keep governing and working right up to the day of the election. Indeed, far from being a lame duck government, it will be a very effective government and will work in the best interests of its people.

I am almost out of time, but I will note the other argument we have heard, which is that by having a fixed election date the legislative agenda of the government somehow will be held hostage, or that somehow the government could fall suddenly, especially in a minority government situation. That is true, certainly in a minority government situation. We recognize that.

There has been some criticism that under our system the premier of British Columbia and the Prime Minister of the country still will have the power to call an election. That is true, because we have to build that into the system, especially in the present situation because of the minority government. Indeed, it might come about that the government could fall, but I do not think, and I made this point in the last debate, that a prime minister would dare call an election before that date unless he had a very good reason for it. He would be held accountable by the people, because their expectation, through the legislation itself, would be that the date was off into the future.

I of course welcome any comments or questions from my colleagues on this important piece of legislation.

Business of the HouseRoutine Proceedings

November 2nd, 2006 / 3:30 p.m.


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Niagara Falls Ontario

Conservative

Rob Nicholson ConservativeLeader of the Government in the House of Commons and Minister for Democratic Reform

Mr. Speaker, today we will continue with the NDP opposition motion.

Tomorrow we should conclude debate on third reading of Bill C-9, an act to amend the Criminal Code (conditional sentence of imprisonment).

Next week we will begin the report stage of Bill C-16, fixed dates for elections, followed by Bill C-26, payday loans, Bill C-6, an act to amend the Aeronautics Act and to make consequential amendments to other acts, Bill C-17, an act to amend the Judges Act and certain other acts in relation to courts and then Bill C-27, dangerous offenders.

I will continue to consult with the House leaders of other political parties with respect to Bill C-31, the voter integrity bill, and we may be able to proceed with that next week as well.