An Act to amend the Canada Elections Act (verification of residence)

This bill was last introduced in the 39th Parliament, 2nd Session, which ended in September 2008.

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 often publishes better independent summaries.

This enactment amends the Canada Elections Act to allow an elector or voucher who provides a piece of identification that does not prove his or her residence to use that piece of identification to prove his or her residence provided that the address on the piece of identification is consistent with information related to the elector or voucher that appears on the list of electors.

Elsewhere

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

The House resumed from November 14 consideration of the motion 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.

Canada Elections ActGovernment Orders

November 15th, 2007 / 10:05 a.m.
See context

Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, I am very pleased to take part in this debate on voting with the face uncovered. The fact that this issue was brought up during the three byelections in Quebec is due in large part to the initiative of the Bloc Québécois. Decisions were then made by the Chief Electoral Officer of Quebec, during the Quebec election last March.

There was a great uproar in Quebec when the Chief Electoral Officer of Elections Canada, Mr. Mayrand, announced that he did not plan on using his power to address a loophole in the Canada Elections Act with respect to voting with the face covered. But the Chief Electoral Officer of Quebec used the power set out in section 19—if I am not mistaken—to fix a situation that went unnoticed by parliamentarians.

The people of Quebec were therefore especially upset by Mr. Mayrand's attitude and, throughout Quebec, people wanted him to reconsider his decision and take the necessary measures to ensure that voters vote with their faces uncovered. He would not do so, however, claiming that it was up to parliamentarians to correct the situation. His was a very weak argument, since the precedent had already been set, as I mentioned. Indeed, to ensure that the general election in Quebec ran smoothly, the Chief Electoral Officer of Quebec had decided to use his power to correct the situation, since parliamentarians had failed to do so.

As soon as the Chief Electoral Officer, Mr. Mayrand, revealed that he had no intention of making a decision, the Bloc Québécois, through my hon. colleague from Argenteuil—Papineau—Mirabel, sent him a letter, calling on him to correct the situation and to ensure that, when voting, all voters confirm their identity by uncovering their entire face.

Furthermore, in the hours that followed, if memory serves, all the parties of this House made the same appeal to the Chief Electoral Officer of Elections Canada. The Prime Minister then intervened, saying that common sense dictated that voters must prove their identity when voting, which is also our position. Identification means more than just presenting documents or ID cards; it also means being able to guarantee that that individual is the same person as the one on the photo ID cards, and for that to be possible, the person's face must be fully visible.

As I recall, the Prime Minister wasted no time stating his position on the matter, and the leader of the Liberal Party took the same position. That is why it surprised me that yesterday, some of our Liberal colleagues did not seem to think there was a problem. It is strange that just after the byelection, they thought there was a problem and that now, for reasons I do not quite understand, they are flip-flopping on the position the Liberal Party leader took at the time.

I also remember that the NDP leader agreed with them initially, and that a few hours later, he started to adjust his stance on the issue. Unfortunately, I have not yet heard the NDP's opinion in this debate.

That being said, I do remember that all four party leaders spoke out in favour of voters showing their faces. At the time, it just so happened that I was giving a press conference to announce the Bloc Québécois' activities leading up to its convention in October 2008. Right then and there, as soon as Mr. Mayrand, the Chief Electoral Officer, stated that he had decided not to intervene, we condemned the situation.

Within hours, the Bloc Québécois whip announced that he would introduce a bill on the subject. That is exactly what he did. We introduced a bill requiring voters to show their faces when voting, a bill that respects gender equality.

When he tabled the bill, the member for Beauport—Limoilou requested the unanimous consent of the House to fast-track it, to move it through all stages quickly, but that did not happen. The Conservative Party, for strictly partisan reasons, refused to give its consent so that it could table the bill now before us.

Obviously, we cannot oppose the bill in principle, because we prompted this decision by the government. We could have moved much faster if there had been unanimous consent with regard to the bill introduced by my colleague, but that was not the case. Now, we have this bill before us.

As I mentioned, we support the bill in principle. However, the government has not tackled the root of the problem with its bill. Yes, voters will have to uncover their faces in order to be identified and be able to vote. But it is up to the Chief Electoral Officer to decide how this obligation is to be met, even though the Muslim community never made any specific request about this. This is where the real problem lies. The bill is responding to a request that was never made by a specific community that has been identified as the community to which the Chief Electoral Officer's decision was meant to respond.

The problem with the bill that is before us is that it is still up to the Chief Electoral Officer to determine how voters are to meet the requirement to identify themselves. We would not want Muslim women to ask to uncover their faces only in front of other women, because gender equality with regard to election officials would not be respected. In our opinion, religious considerations have no place in public spaces. We are not saying that religions are marginal or unimportant, but government employees have a responsibility to enforce the law fairly and equitably for everyone. In our opinion, there is no basis for this. I repeat that there has never been a request, on religious grounds, that Muslim women, for example—I am using this example because it has been reported most often in the media—be able to ask election officials to be allowed to uncover their faces only in front of another woman.

In our view, this is exactly the same as if a police officer wanted to arrest a man and the man invoked his religion and said that he could not get into a car with a female police officer. It is the same kind of thing. And that is the direction in which we will be going.

In committee, we will be proposing that a number of provisions in the act be tightened to ensure that such cases do not arise and that it will not once again be the responsibility of the Chief Electoral Officer to decide the procedures relating to the obligation for people to identify themselves when they vote. We have been sent a signal: it is up to parliamentarians to provide a complete response to the problem raised in the three byelections in Quebec.

We therefore support the bill in principle, but in terms of the manner in which it will be applied, we will want to be sure that religious considerations will not conflict with the fundamental principle, the obligation that electors have to identify themselves properly when they vote. We will therefore also be wanting to raise the question of postal ballots.

We will quite properly be raising the fact that while an elector has to identify himself or herself by showing his or her face in an election, there will be no such obligation for postal ballots. We will therefore want to amend the Elections Act accordingly in this regard. We will see whether this is acceptable during debate, but logically, it seems to me that we will have to move in that direction.

For example, it is mandatory to uncover one’s face and have one’s face uncovered when passport photographs are taken. In the area of airport security, the authorities are entitled to ensure that people are properly identified, by way of the passports or ID cards that are requested. Logically, for a right as important in a democracy as the right to vote, out of fairness to all electors, we have to ensure that the same methods are applied, including that everyone have an obligation, for the process of identification, to vote with his or her face uncovered.

That is the position that the Bloc Québécois will be taking. Once again, I would repeat, on the substantive issues, we support the bill. In our view, it is crucial that we ensure that all electors are equal before the law. As I said earlier, it is those principles that we will be arguing for in committee.

To conclude, I reiterate that the Bloc Québécois supports the bill in principle. All electors must be equal before the law. The Bloc Québécois and the other political parties believe that the Elections Act, as amended in 2007, was sufficiently clear. However, because the Chief Electoral Officer has refused to use his exceptional power to require that everyone who votes do so with their face uncovered, the Bloc Québécois believes that it is necessary to amend the act as quickly as possible.

As well, the Bloc Québécois notes that the bill presented by the government is not a complete response in terms of the principles of the equality of all persons before the law. As I said, the bill in fact opens the door to violations of the principle of the equality of men and women.

The first five clauses of Bill C-6 were introduced in order to allow deputy returning officers and poll clerks to delegate their power to another individual. This is what I was talking about earlier, and felt was the weak point in this bill. Using that mechanism, a male deputy returning officer could accommodate a female elector by designating a women before whom the elector could uncover her face to confirm her identity. In our view, that violates the principle of equality between men and women and of equality among all electors.

The Bloc Québécois will support Bill C-6 at second reading but will require that the first five amendments be changed, as I stated, to ensure that everyone has the same obligations with respect to the law.

I mentioned that the Bloc Québécois acted quickly in this matter. We wish to closely monitor this issue particularly since we are aware that it is at the heart of a debate that is extremely important to Quebec—the place of religion in public space.

That is not all. As I mentioned, we believe that by virtue of the principles of equity and equality, and out of respect for the values of Quebeckers, which are shared by Canadians, Bill C-6 must be amended to ensure that it fulfills its purpose. The government wanted to address the issue raised by the Chief Electoral Officer; however, its solution is inadequate and is not in keeping with the expectations of the Bloc Québécois and of Quebec society as a whole.

In the hours following the decision by the Chief Electoral Officer of Canada, the parties in the National Assembly were united. Premier Jean Charest, the leader of the ADQ, Mario Dumont, and the new leader of the Parti Québécois believed that common sense dictated that individuals should vote with their face uncovered to ensure proper identification and also, as I mentioned, for security reasons, as is the norm. Therefore I find it difficult to see how, in the case of such an important right as the right to vote, these rights would be violated.

As I was saying, the Bloc Québécois will support Bill C-6 at second reading.

Canada Elections ActGovernment Orders

November 15th, 2007 / 10:20 a.m.
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Liberal

John Godfrey Liberal Don Valley West, ON

Mr. Speaker, I have a few questions for the hon. member. He spoke of the need to correct the situation, but I want to know what situation he is talking about. What is the problem he is trying to resolve?

I would like him to tell us exactly how many incidents there were during the general election in Quebec in the spring and during the three byelections in Quebec in September. How many times did the legislation fail in terms of elector identification? How many people, whose faces were covered, ran into problems when they cast their vote?

Where is the sense in asking someone to uncover their face when it is not necessary and is even impossible to have a universal photo ID card across Canada? It does not exist. We cannot ask citizens to get a driver's licence just to vote. There is no mandatory photo ID for the entire voting population. What happened to common sense? What is the link between a photo ID card and the need to uncover one's face?

The hon. member spoke of principles, but what principles? Does he mean the principle of nonsense? There is no link between uncovering one's face and the need to produce photo ID, since such universal cards do not exist in this country.

Quite frankly, what is the situation he is trying to correct? Let him elaborate on specific incidents and tell us what principles and common sense he has in mind.

Canada Elections ActGovernment Orders

November 15th, 2007 / 10:25 a.m.
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Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, I would like to emphasize that the point here is equality among voters and equality between men and women. There was only one incident: four women voted with their faces veiled, which they justified using the Chief Electoral Officer's directives. It is clear that this was an isolated incident. We should be grateful for the voters' sense of responsibility and wisdom in the three ridings that held byelections. If not for that, this issue could have been blown way out of proportion.

This is not about specific issues; it is a matter of principle. If we offered a group of voters the opportunity to vote with their faces covered—except for medical reasons, obviously, as set out in Bill C-6—we would be violating the principle of gender equality. Moreover, if we are talking about a specific religion, the Muslim community never asked for this.

I would like to quote part of an interview with Mrs. Ibnouzahir on Radio-Canada:

These women have been voting for years. They have never asked for special treatment, even though they know they have the right to do so under current legislation. They themselves took the initiative to show their faces, just as they do at customs or at the passport office, because they believed it made sense for security reasons.

They do not think it is unreasonable to show their faces when they vote. Why create an exception that goes against the values of Quebec society and, I think, Canadian society, to act on a request that was never articulated by any group in Quebec or Canada?

The Bloc Québécois wants to engage in a real debate between a vision of society known as multiculturalism, which seeks to bring all cultures and ethnicities into society, and Quebec's intercultural approach, which seeks to integrate all members of a society into a common culture.

I think that it is essentially the Trudeau legacy that is making the federal Liberals go back on the approach developed by their leader when these incidents happened. If I remember correctly, I think that the leader of the Liberal Party of Canada felt that common sense and the need to respect the right to equality between female and male electors dictated that it was necessary to vote with the face uncovered. Now, it seems as though some comments were made within the caucus or the core electorate of the Liberals that led the party to change its approach, reverting to the approach of Pierre Elliott Trudeau. Society is made up of individuals and groups that join together rather than stand apart. So we will not wait for the incidents to happen. We are happy there have not been more.

A parliamentarian is responsible for addressing concerns as they arise, and not waiting for there to be a problem. It was the Chief Electoral Officer who asked parliamentarians to fix and clarify the situation. This is why we want to go further than Bill C-6 to ensure that the Chief Electoral Officer has all the necessary parameters to enforce the law as it should be, and as the parliamentarians in this House thought it would be. I think that the Liberals should start to seriously reflect on this. Perhaps this explains their problems in Quebec. They are completely disconnected from the way Quebeckers think.

Canada Elections ActGovernment Orders

November 15th, 2007 / 10:30 a.m.
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Liberal

Yasmin Ratansi Liberal Don Valley East, ON

Mr. Speaker, I listened with great interest to the response given by the hon. member. He talked about responsibility and wisdom. I saw no wisdom in his response. I found it a veiled attempt at discrimination.

The bottom line is that currently as the law stands there are people who can mail in ballots and who can do special ballots. They do not have to show their faces. There are 80,000 to a million people who vote that way. Where is the wisdom in trying to target one community?

I am very proud of Mr. Pierre Elliott Trudeau, the prime minister who brought in the Charter of Rights and Freedoms. It protected everyone and did not discriminate because I did not look like them. I would like to see where the wisdom is in the discriminatory practices of this member.

Canada Elections ActGovernment Orders

November 15th, 2007 / 10:30 a.m.
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Bloc

Pierre Paquette Bloc Joliette, QC

Mr. Speaker, our party sees the fundamental principle as the equality of men and women. It is a basic principle in public life. As I mentioned before, a man who does not wish to be arrested by a female officer is denying this right. Religion is of no consequence in a public space. The police officer, whether male or female, has the same responsibilities, the same obligations and the same rights under the law. The same principle is true for elections. In addition, I repeat, this has never been an issue for the Muslim community. We had testimony in this regard from several witnesses, including members of the Muslim Canadian Congress.

In my opinion, the answer to the member's remark and question is very clear. Here we see the legacy of Pierre Elliott Trudeau, a view of society that is outdated in several respects. In fact, citizenship issues have been clarified over the years. In this regard, Bill C-6, although incomplete, uses a much more modern approach to the integration of newcomers than that of multiculturalism, which has led to problems not only in Canada and Quebec, but also in Great Britain.

It may be time to wake up and realize not only that public spaces must respect rights and values in a manner that is equitable for all individuals but also that public spaces are secular spaces.

Canada Elections ActGovernment Orders

November 15th, 2007 / 10:30 a.m.
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Liberal

John Godfrey Liberal Don Valley West, ON

Mr. Speaker, I am so glad the member for the Bloc explained his principles, his good sense, his logic and his understanding of the problem. The problem is that there is no problem. He just told us that in the Quebec general election a grand total of four people showed up wearing veils and they were dealt with under the existing law. Where is the problem?

He says that we are going to correct the situation. What situation? There is no situation.

The problem is that we are being asked to pass a law that is entirely unnecessary. It makes no sense. It was not a problem during the Ontario general election, which has exactly the same rules. It was not a problem during the Quebec general election nor during the Quebec byelections. We do not have a problem.

We have a method of dealing with it. We ask for pieces of identification, which do not need to be photo ID. We ask, in case of doubt, that people take an oath that they are who they are and they will suffer the penalties if they are not who they are supposed to be. We are not here to pass unnecessary legislation where there is no problem.

Worse than that, we are not here to pass coded legislation, legislation that singles out only one group. People often use the phrase “the veiled voting bill” as opposed to the visual identification bill or whatever other Orwellian phrase we are currently using.

It is singling out a specific group of people, Muslim women, who are not part of a problem, who have not asked for this and who are now being asked to say that even though they did not ask for it, they will go along because they want to go along. Why should any group of innocent people in Canadian society who are being singled out for a non-problem be asked to swallow themselves whole simply to get along? What we want is for everyone to participate in society as full members, certainly for newcomers, including Muslim women, veiled or unveiled.

Meanwhile, there are real problems. One real problem is being addressed by Bill C-18, which is leaving a million people off the voters lists. That strikes me as a bit of a problem and yet we are investing all of this energy in a non-problem that has the sideswiping effect for a group of innocent women in this country.

This is a totally ridiculous bill and it is, of course, completely illogical. People can vote by a postal vote and there is no problem at all. People can vote stark naked. They can vote with a blanket over their heads. They can vote under water blowing bubbles as long as they do not get water on the paper. They can do all of that and there is no connection with visual identification. We cannot insist that every Canadian needs to have photo ID because there is no photo ID that all Canadians are required to have.

By the way, Mr. Speaker, I will be splitting my time with the member for Don Valley East, who has much to say on this point.

Canada Elections ActGovernment Orders

November 15th, 2007 / 10:30 a.m.
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Liberal

John McKay Liberal Scarborough—Guildwood, ON

Is this a veiled threat?

Canada Elections ActGovernment Orders

November 15th, 2007 / 10:30 a.m.
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Liberal

John Godfrey Liberal Don Valley West, ON

This is not a veiled threat. This is a real opportunity because I am a sharing kind of guy.

Since we cannot insist that all Canadian citizens have a driver's licence or any other standard visual identification, there is no connection between showing one's face and the forms of ID that are available to people. People may as well be told to show their left foot or their belly button. None of them make any sense. We are not here to promulgate laws that are unnecessary nor are we here to deal with illogicality and a lack of principle.

Finally, if we want to get into the general oddity of this bill, there is what I call the English patient clause. For those who saw the film The English Patient, they will remember the guy lying in his little villa covered with bandages. Apparently, we are worried about him. There are four references to The English Patient in the bill. One is “bandaged people”. Bandaged people will not be treated like anybody else. There will be discrimination between people who are bandaged and those who are not.

The bandaged people will need to produce a piece of ID saying that they really need the bandage. One has a sort of strange image of people getting off their deathbeds, crawling out from their Italian villas, like in The English Patient, and casting their vote. However, it does not treat all voters the same, so why do we have The English Patient exception and yet we go on about this other non-problem?

All in all, this is a silly bill. It is silly and dangerous because it promulgates a false idea that there is somehow a problem and that problem is somehow associated with Muslim women, the very people we are trying to get to be citizens, along with everyone else in this country.

We should not be passing the bill. It is unnecessary, silly and illogical.

Canada Elections ActGovernment Orders

November 15th, 2007 / 10:35 a.m.
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Edmonton Centre Alberta

Conservative

Laurie Hawn ConservativeParliamentary Secretary to the Minister of National Defence

Mr. Speaker, I rather enjoyed my hon. colleague's silly diatribe, or entertaining diatribe I should say. He talked about blowing bubbles. Frankly, I think he was blowing smoke because all parties in the House agreed that something needed to be done quickly. This government has shown leadership by tabling this bill.

We would love to move on to Bill C-18, which is a significant problem that the government has already dealt with expeditiously. We would ask for the opposition's help in doing this. Let us get Bill C-6 behind us. All four parties agreed that this needs to be done, so why are they stalling? Why are they not showing leadership on this issue? They talk about leadership. Let us show some leadership in the House together with the government and get it behind us so we can move on. We need to quit stalling and get on with it.

Canada Elections ActGovernment Orders

November 15th, 2007 / 10:35 a.m.
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Liberal

John Godfrey Liberal Don Valley West, ON

Mr. Speaker, part of our duty as parliamentarians is to reflect on things, to take in additional information and to ask ourselves, with a little time, whether this makes any sense, and that is what we are doing. We are looking at it. We have the bill before us and now that we have looked at it we see that it is not logical. No problem is being solved by this and it has this dark side of discrimination about it, which is why we are opposed to it.

Canada Elections ActGovernment Orders

November 15th, 2007 / 10:40 a.m.
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Bloc

Serge Cardin Bloc Sherbrooke, QC

Mr. Speaker, like my Conservative colleague, I heard some things that made my hair stand on end. I got to know the Liberal member when I sat on a committee with him, and I had a great deal of respect for him. But now I am asking myself serious questions about his behaviour and what could possibly be behind his comments.

When we can identify someone, then we must do so. People have the right to vote, and no one must ever take on another person's identity. I am wondering about this because of the history of the party the member represents. I nearly lost the election in 1998 because some voters impersonated other people. Does the member see this as a way of increasing the Liberal Party's share of the vote in the next election?

Canada Elections ActGovernment Orders

November 15th, 2007 / 10:40 a.m.
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Liberal

John Godfrey Liberal Don Valley West, ON

Mr. Speaker, three things are behind my comments. First, as Paul Valéry said, “Stupidity is not my strong suit”. When I see a silly bill, I have to speak out against it.

Second, I do not like the myth that there is a problem caused by Muslim women.

Third, I represent my constituents, and my riding has the highest proportion of Muslims in Canada. I can say that there is no problem during byelections, provincial elections or federal elections in my riding. I know this community well, and I am here to defend them against myths.

Canada Elections ActGovernment Orders

November 15th, 2007 / 10:40 a.m.
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Saanich—Gulf Islands B.C.

Conservative

Gary Lunn ConservativeMinister of Natural Resources

Mr. Speaker, I cannot help myself but to weigh in. Here are the simple facts. At the procedure and House affairs committee, all four parties said that we needed to do something, including the hon. member's party. They said that we needed to bring a bill forward. They asked for it in the committee.

All of a sudden the Liberals have changed their mind. I am not sure if it is because they know the other three parties are all in favour and now they have an opportunity to stand up and vote instead of sitting down and abstaining.

I am not sure where they are standing but the record will show that in the procedure and House affairs they asked the government for this legislation and said that they would support it. It was unanimously passed at committee and now they are not sure where they stand. It is consistent with what we have seen from the Liberals in the last few weeks. They are not sure when they should vote and what they should vote for.

I guess it is not surprising that we are now seeing that they are somehow opposed to this when they were calling for it at committee and the government has given them the exact bill they asked for.

Canada Elections ActGovernment Orders

November 15th, 2007 / 10:40 a.m.
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Liberal

John Godfrey Liberal Don Valley West, ON

First of all, Mr. Speaker, we did not ask for this bill, with its illogicality. Second, what we said in the procedure and House affairs committee was that we should consider the matter. That is what we are doing. We are considering it.

Having considered it, we will reject it, because we actually take on board new information. That is our job as parliamentarians. We have thought about it, reflected and consulted, and now we realize this is not the way to go.