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

This bill is from 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 has also written a full legislative summary of the bill.

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.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-18s:

C-18 (2022) Law Online News Act
C-18 (2020) Law Canada—United Kingdom Trade Continuity Agreement Implementation Act
C-18 (2020) Law Appropriation Act No. 2, 2020-21
C-18 (2016) Law An Act to amend the Rouge National Urban Park Act, the Parks Canada Agency Act and the Canada National Parks Act
C-18 (2013) Law Agricultural Growth Act
C-18 (2011) Law Marketing Freedom for Grain Farmers Act

Canada Elections ActGovernment Orders

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

Liberal

Rodger Cuzner Liberal Cape Breton—Canso, NS

Mr. Speaker, I respect my colleague's intervention on this topic and his understanding of the issues here, and I share his concern. I have heard it time and again over the last number of elections about the preparation of voters lists and the departure from enumeration. We know that the last enumeration was in 1997.

I had an incident in my riding where one community was voting in the poll in the adjacent community and vice versa. There is always contention around this but I know positive steps have been made in advance polling.

The member brought forward some very significant issues. If he could fill me in on when Bill C-31 was passed, I believe the member for Timmins—James Bay was on that committee, would he or his party have had the opportunity to tender a dissenting report at that time?

Canada Elections ActGovernment Orders

December 13th, 2007 / 1:35 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, my colleague, in representing an area like Cape Breton, will know the problems. I do not know where Elections Canada gets its maps from sometimes but I know that in my riding people are sent to polling stations 40 or 50 kilometres up the road. The result of that is that they simply do not vote or, if they do try to vote in their own town, they are told they cannot even though they have been in that town their whole life, and they end up not voting. That is a very serious issue.

When Bill C-31 was brought forward, our party brought forward a number of amendments to try to make the bill workable because at the end of the day, as I keep repeating, our job is to make legislation that works and that is practical.

When we found that there was not that much interest in addressing the issues we were raising, the fact that numerous people would not meet this new requirement and we needed to fix the problem, we ended up voting against that bill because we felt that it would come back to haunt us. It has already come back to haunt us twice.

The other astounding testimony that was given just the other day on Bill C-18 by Jim Quail was that this was now facing a charter challenge. It was going to court. Again, no one seemed interested in asking him any questions about the fact that we might get legislation that gets its rear-end kicked all over the courts. However, I asked him questions and there was a clear legal precedent about any interference in the right to vote.

Once again, if we are going to make laws, we need to ensure they stand up to scrutiny and the test of time. Unfortunately, Bill C-18 could have done it, and we were certainly willing to work at it, but at the end of the day I think we will be back to square one. We will still have problems with the way the vote has come down.

Canada Elections ActGovernment Orders

December 13th, 2007 / 1:35 p.m.

NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, I want to thank my colleague from northern Ontario for his work on this file having been the member for the New Democratic Party who was on the committee for Bill C-31. I understand his frustration when we have a bill that is supposed to encourage franchise, or at least the integrity and that is what the government would say and the other parties support it, and ends up doing the opposite. It is very frustrating.

We put forward amendments to make sure that every Canadian who is eligible could vote. We put forward the idea of universal suffrage. We believe fundamentally that there should be a universal commitment by any government to have door to door enumerations. We called it universal enumeration for universal suffrage.

We asked for a statutory declaration for voters. We asked for a change in how voter cards are distributed. They should be put in envelopes addressed to the voters, so that there would be no problem with cards lying around.

All of those ideas that we put forward were rejected. It is our submission that we do that first before we meddle with things like putting birth dates on voter's lists and sharing them with political parties so that they can use them for their own purposes.

My question is this. What is it that we can do to fix the bill, so that we do not come back in another couple months having to fix yet another flawed piece of legislation?

Canada Elections ActGovernment Orders

December 13th, 2007 / 1:35 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Mr. Speaker, the answer should be fairly straightforward. Number one, when we bring forward legislation and we look to new laws, we have to bring forward witnesses, listen to witnesses, question witnesses on the veracity of their viewpoints, and we have to show basic respect for the fact that these witnesses have come forward.

I would like to speak about Ms. Tina Bradford who is a labour lawyer who tried to speak to the committee and she got all of 11 sentences in her statement. She was told by the chair that the committee was running out of time and that was the end of it. This is about whether or not someone should be allowed to vote and she was cut off after 11 sentences. This was an embarrassment. It was like a kangaroo court.

I asked her in questioning because I was the only one asking questions of witnesses who had taken the time to prepare briefs and the time to study. These were people who had come from the legal profession to provide the numbskulls that were looking at this legislation with answers. I cannot say it is anything else but numbskulls. If people are not going to do their homework, if they are not going to ask questions, then how can they say that they know what they are talking about?

I asked her specifically about the issue of voter fraud and enfranchisement. I asked, “Is what we're suggesting in Bill C-18 workable?” She told me that from her experience with working on enfranchising voters, that it was a ridiculous provision. That was her word. She said, “I've only been able to use this vouching system on one occasion and it's a ridiculous provision. It provides nothing to people who vote”.

I asked her again about the issue of voter fraud from her experience as a lawyer working on the street. She said, “In all my time volunteering at polling stations I've never experienced any voter fraud. What I do experience is that people are turned away voting for the first time in their lives, people who really want to vote and they are often being turned away”. That is what she gave us as testimony.

If people disagreed with it, they should have asked her questions. They should have had it on the record. To allow her 11 sentences, as a statement, shows that we simply are failing in this role in Parliament. As I said, I think it is a very dismal trade when such events are allowed to take place.

Canada Elections ActGovernment Orders

December 13th, 2007 / 1:40 p.m.

Liberal

Larry Bagnell Liberal Yukon, YT

Mr. Speaker, I am happy to rise to speak to this bill. I am actually delighted that we are getting it before the break because it is a bit disappointing in a way that, as the chair of rural caucus, it is an amendment that is specifically for rural Canadians and is coming so late in the game.

That being said, I am delighted that the entire House is cooperating to ensure that this important amendment gets through, so that rural Canadians are not disenfranchised through some administrative mistake. If not, then somehow we would all have been involved in making something that would have disenfranchised a majority of the voters in the next byelection in the prairies. A majority of voters north of 60 could easily not have been able to vote if we did not make this important amendment.

There are a number of other election provisions that I will speak to today, a few that should and could be made, but of course that is not the topic. The topic today is to primarily deal with these rural Canadians who otherwise could not have a vote.

Therefore, we have to make these administrative amendments. These provisions are to ensure that these Canadians will again be able to vote in a coming election, which could be soon, and certainly in the event of byelections.

I want to reassure rural Canadians that if for some reason this did not pass, they would still be able to vote because the Chief Electoral Officer has the authority to deal with such a crisis as this and to enfranchise people through whatever mechanisms are necessary. However, that is not really the way to run a navy, it is not the best way to solve this. We in Parliament who create these laws should, when we make an error, make these amendments even if it is an administrative error and fix the law so that all Canadians have the appropriate ability to vote.

That is why during the process of this bill I, too, as some others have mentioned, have urged the committee, Elections Canada and the department drafting the bill, to ensure that homeless people could vote. There are a number of homeless people across the country and we have to ensure that there are enough people who can vouch for them, and people working in the shelters who might know of their locations. There should not be a limit on the number who can sign for these people.

That is why the best solution is to get these people out of poverty. That is why I am very excited that a few weeks ago our leader made a great announcement for a first-ever comprehensive anti-poverty strategy in Canada that would take 30% of these people off the poverty list in the next five years. It would certainly reduce the problem.

We also have other efforts related to homelessness. We have one of the most successful social programs in history, I think, the SCPI program, which everyone I think in the House has eventually championed after seeing its results. It puts these homeless people in specific good shelters for a time until we solve the ultimate problem. Of course, we should be dealing with the root problems and hopefully getting them back into proper affordable housing, and regular housing, as they again get jobs et cetera.

However, until that time if they are in good shelters, we will have them with workers who can then enfranchise them and get them to vote. In particular in my area, I urge the government on this, we need a shelter for teenagers. We have one under that SCIPI program that we put in place for adults. There were none at all before that, particularly for men. We would want one for teenagers, so that we could segregate them. It would be much safer for them.

In the north homelessness is also a particular issue in that we do not want people lying in the streets at 60 below. They have to go somewhere and unfortunately, they are going into places where they should not be, where they have to offer sexual favours for shelter or they are crowded in, impugning on children where they should not necessarily be crowded in. All these things could be solved and hopefully some of it will be solved with this anti-poverty strategy that we have announced.

Today we are talking about the disenfranchisement of rural voters. I cannot imagine anyone in the House being against a provision that would ensure all rural Canadians are not stuck with this mistake. It should be fixed, so they can vote under the normal process as they did before.

I am talking particularly about individuals with no street address. Those of us who live in rural areas know many people who do not have a street address. We also know that there are entire communities without street addresses. When I lived in the north I did not have a specific street address. It was R.R. #1, Site 2, Comp 3. Some people live near the highway.

Provinces, territories and municipalities are trying to legislate an end to this problem because street addresses are needed for the fire department and for 911, so people can be found in an emergency. Thousands of people still do not fall into that category. That correction has not been made, and unless we amend the provisions in this bill today, they will not be able to vote.

Santa Claus and I visited a small community in my area on the weekend. This community is spread out along the highway and in rural bush areas where there are no addresses. Many people just have general delivery. A truck goes to the community every couple of days and drops all the mail at the post office. This legislation would not solve this problem.

In my community there are many people who live out in the bush. I remember going down roads in the middle of virtually nowhere and coming upon cabins. These people do not have a particular street address. Some of them have to fly in like they do in Nunavut. All sorts of people only have access to their communities by air and not by road. This may be a surprise to a number of southern Canadians, but there are many areas where there is no road access. In these cases it would be very difficult to have a defined street address as we in southern Canada understand it.

There are other people who could also be affected, such as first nations. I have urged in previous speeches that we make sure these people are not disenfranchised either through this bill or through further amendments to the Canada Elections Act.

Many first nations are in fly-in communities or they live on reserve. They may not have the same type of street numbering system that we are traditionally accustomed to. It is important that these people are not disenfranchised.

Fourteen first nations live in Yukon and a number of these are traditionally nomadic. They do not stay in one area for an entire year. They move around because of the various types of game harvesting or plant harvesting they need to do during various times of the year.

It is important that we take into account the nature of all Canadian lifestyles when we are developing an electoral system. This is not impossible to do.

A Mongolian delegation recently visited here. The Mongolian people, unlike Canadians, have many herds, many cattle, sheep, horses and goats, but they do not have fences or private property the way we do here in Canada. When they need to rest an area for the environment, they simply move their herds over to another steppe, or another mountain, or another valley.

Obviously, they do not have specific street addresses while they are moving around. I questioned them when they were here a couple of weeks ago and they said they had no problem in coming up with solutions to enumerating all their people and making sure that they have a very high percentage of voting, I believe higher than we do. That is great for a country in that part of Asia where democracies are not prevalent, particularly with the sad situation today in Burma.

The provisions were put in with the best intent. There are people who have come to members of Parliament with numerous examples suggesting the occurrence of fraud when identification is not available. Not very many cases could be prosecuted or taken to the final stages. Various people have alluded to many problems that would not be in the existing system if we changed the provisions so that they were similar to the provisions in a number of other countries.

I do not think anyone in the House would be against improving the integrity of the voting system in Canada. Certainly the hallmark of our democracy is one person, one vote. That people would try to circumvent that really strikes at the heart of our democracy, but in that sense, as I urged earlier in my speech, we have to make sure that in doing this, we do not disenfranchise people. That principle must apply to everyone.

I have mentioned several groups, such as the homeless, first nations people, and people in the rural areas who do not have a street address, but there are other groups in my constituency that I have mentioned in previous speeches on this bill, for example, students.

North of 60, there are no universities, so all our students make a grand migration to universities or colleges in the south. We do have excellent colleges in the north, such as Yukon College, which has some university credit courses, but many of the students in the three territories go to the south. I can say that as the northern critic. The students would be away at election time and would not be residing at their permanent street address. If for some reason they were not properly enumerated, they could fall into the trap of being disenfranchised.

This reminds me that I wanted to speak about the enumeration lists, as I am speaking about things that need to be corrected. I am speaking now to Elections Canada. I do not imagine there is a member of Parliament here who would not suggest that there have been some disastrous situations with the present idea of the permanent enumeration list.

Personally I am quite supportive of a permanent enumeration list, if it is kept up to date. I am sure all members of Parliament have gone to houses in recent elections where 20 or 30 people lived in the house according to the enumeration list. After people moved from the house, they were still listed as living in the house. The list had not been updated.

In my riding, there is a relatively high degree of mobility. There are all sorts of people who change their address, such as students and young people who move in and out with other people. Somehow they just do not show up on the enumeration lists and are therefore lost, or there are too many eligible voters. I am sure that accounts for part of the low degree of voting in Canada. If there are 20 people listed at one address where only three people live, that is going to show up as 17 people who did not vote. It will make it look like Canadians do not vote. Of course, they are not people who really live at the address; they are phantom residents. They have moved somewhere else and are double listed.

I encourage Elections Canada to modernize the enumeration lists to solve that problem. It is a good system to have a permanent list, but Elections Canada has to get a handle on who lives where so that when enumerators go door to door, the list is relatively accurate and the number of people who are enfranchised is more realistic, so we do not have to make amendments and we can spend our time debating ideas and policies.

There are other groups that we want to ensure are not disenfranchised. One of them is not specific to the north and that is the military. It has to do with the street address requirement for people who move around. The military has a unique way of voting. As I said in previous speeches, I want to make sure that members of the military are in no way disenfranchised by the amendments to improve the integrity of the voting system.

There are two other groups in my area. One is what we call snowbirds. A number of northerners, mostly retired people, go south for the winter, where there are lower heating costs and they can enjoy their retirement in a warmer climate. If they do not have an official street address and cannot vote, they would be unduly disenfranchised. I would urge the people in committee, in the department and in Elections Canada who are studying and improving the elections process to make sure they do not disenfranchise those people.

Another group is people who have to move quickly because of a medical emergency. I visited a hospital in the last election and there were people who had been brought to the hospital from out of town. Therefore, they were not in their poll and they could not vote. I want to make sure that in those cases, people can vote.

In conclusion, since we are breaking for the holidays, I would like to say meilleurs voeux, seasons greetings, auguri di buone feste, felices fiestas, peace, pax, paz, mir, mira poki, frieden.

Please support this bill so that rural Canadians are not disenfranchised. Let us get this bill through as quickly as possible.

Canada Elections ActGovernment Orders

December 13th, 2007 / 1:55 p.m.

The Acting Speaker Andrew Scheer

The hon. member for Yukon still has two minutes left in his allotted time, plus the period for questions and comments.

We will move on to statements by members.

The House resumed consideration of the motion that Bill C-18, An Act to amend the Canada Elections Act (verification of residence), be read the third time and passed.

Canada Elections ActGovernment Orders

December 13th, 2007 / 3:05 p.m.

York—Simcoe Ontario

Conservative

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

I would seek the unanimous consent of the House for the following motion. I move:

That Bill C-18 be deemed read a third time and passed.

Canada Elections ActGovernment Orders

December 13th, 2007 / 3:05 p.m.

The Speaker Peter Milliken

Is it agreed that Bill C-18 be deemed read a third time and passed?

Canada Elections ActGovernment Orders

December 13th, 2007 / 3:05 p.m.

Some hon. members

On division.

Canada Elections ActGovernment Orders

December 13th, 2007 / 3:05 p.m.

The Speaker Peter Milliken

I declare the motion carried.

(Motion agreed to, bill read the third time and passed)