Bill C-31 (Historical)

An Act to amend the Judges Act

This enactment increases the number of judicial salaries that may be paid under paragraph 24(3)(b) of the Judges Act from thirty to fifty.

Canada Elections Act

[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.

[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?

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

Mr. Speaker, I want to assure the member that I have read the list of required identification. I also know that many homeless people simply do not have identification, nor do they have a residence. The list is lovely, but if people do not have the identification, then they do not have it.

I want to come back to the member's statements around fraud. One of the things the New Democrats have talked about is that both bills, Bills C-31 and C-18, were using a sledgehammer on a problem that was virtually non-existent.

According to the Chief Electoral Officer, in 2006 there was one case of fraud in the entire country, in 2004 there were zero cases, and in 2000 there were three cases. If the member is aware of this apparently large amount of fraud happening, I wonder if he has brought it to the attention of the Chief Electoral Officer. According to the Chief Electoral Officer's records, there simply are not that many cases out there.

[Mario Laframboise, Bloc, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, Bill C-31 represents change. My colleague will understand that 10 years ago, Quebec adopted a bill to avoid voter fraud that is similar to the bill before us. We are therefore one step closer to the day when, we hope, there will be voter cards. Voter cards would allow voters in any province or territory to vote even if they move. With voter cards, voting would be much simpler and easier. In Quebec, the voter card could be used for school board elections as well as municipal, provincial and federal elections. It would prevent voter fraud.

That is the goal of any democracy: to make sure no one manipulates the democratic process or uses it for other purposes. That is the goal Quebec is trying to achieve.

Gradually, we are evolving. The legislation that has been in effect in Quebec for 10 years is being put in place here in Ottawa. We are helping our democracy move forward.

I thank my colleague for her question.

[France Bonsant, Bloc, Compton—Stanstead, QC]

Mr. Speaker, I listened to my colleague talk about Bill C-31 on the right to vote. Fraud is a huge issue. In Quebec, many dead people voted in the 1995 referendum.

I would therefore like to know the opinion of the member for Argenteuil—Papineau—Mirabel. What does he think about using voter cards to avoid all that? No, I am not joking. What does he think about voter cards, which the Bloc Québécois and the Parti Québécois have been demanding for years?

[Mario Laframboise, Bloc, Argenteuil—Papineau—Mirabel, QC]

Mr. Speaker, I am always amazed at how the NDP handles these matters.

If my colleague had bothered to inform herself of the identification allowed by the Chief Electoral Officer, she would know that the list includes, among other things, an attestation of residence issued by the responsible authorities, such as shelters, soup kitchens, student or senior residences, long-term care facilities, aboriginal reserves, work camps, and so forth.

This is not rocket science. Out of the 150,000 people the hon. member is referring to, most have some form of documentation that they present at soup kitchens. As for the rest, I agree with her, they will need someone to vouch for them. One thing is certain, for anyone, homeless or not, living in a remote area, there are not as many polling stations as there are in Montreal, where there are thousands. If the person votes at the polling station nearest to where they usually live, there will be someone who knows them who would be more than happy to vouch for them.

The NDP wants us to go back to the way things were before, when, in order to vote, one simply had to swear their identity under oath. That was the whole point of Bill C-31 and everything Quebec has done in the past decade or so to deal with electoral fraud. If the NDP wants to go back to the days of electoral fraud, that is up to them.

I think we should do something about the 150,000 people for whom this causes a problem. We have to have a more thorough look at how we can get them to vote. They all should have a chance to vote. The fact remains that a person without identification, whether they are homeless or not and living near a polling station, can still swear an oath in front of someone who knows them. I am sure that many people know those who stay in a certain sector, even if they are homeless.

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

Mr. Speaker, there are a few items the member raised which need some correction.

He indicated that the New Democrats were opposed to Bill C-31. As it turns out, it was with very good reason. The bill had some serious problems and now we have Bill C-18 in order to fix the problems in Bill C-31. Part of the solution simply does not address some of the concerns that we raised in Bill C-31.

The solution around having the ability to have one person vouch for one potential voter is just not workable. We talked about this in the past. There are a number of homeless people who often have contact with a street worker or case worker and that person will know 10, 15, or 20 people. If those 10, 15, or 20 people have to go out and find 10, 15 or 20 individuals to vouch for them, they simply will lose their opportunity to vote.

In a recent report, Miloon Kothari indicated that the Government of Canada and provincial governments keep very poor statistics on homeless people. His estimate, and many academics feel that this is grossly underrepresented, is that there are least 150,000 homeless people on the streets of Canada.

Is the member saying that 150,000 people in this country simply should not have the right to vote because they cannot find 150,000 people to vouch for them if they do not have appropriate ID?

The second issue that has come up regards first nations. The member for Timmins—James Bay has raised this issue. Many first nations communities are remote and rural communities. Many first nations do not have the required identification. Some band members do not have status cards. There is a long convoluted process. If they lose their status card, they have to reapply to the Department of Indian Affairs to replace it. Sometimes a band council could provide a letter to vouch for someone, but in many cases it is very difficult for people to get the required identification.

Is the member saying it is okay for a minimum of 150,000 people to potentially lose their right to vote? Is he saying it is okay for first nations, who only in the 1960s gained the right to vote in Canada, to be shut out from voting?

[Tom Lukiwski, Conservative, Parliamentary 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.

Youth Criminal Justice Act

[Bernard Bigras, Bloc, Rosemont—La Petite-Patrie, QC]

Mr. Speaker, I am very happy to rise today to speak on Bill C-25, An Act to amend the Youth Criminal Justice Act. With this debate, I feel as though I am reliving some previous debates we had here in the House of Commons. A few years ago, the Bloc Québécois waged a strong offensive against the then Liberal government regarding the Young Offenders Act. I remember that my colleague from Berthier—Montcalm, Michel Bellehumeur, who was the Bloc Québécois justice critic, voiced what the legal community and the National Assembly were calling for. What is more, my colleague defended the Quebec model against the repressive model put forward by the federal government at the time. We were proposing and defending rehabilitative and preventive approach.

Essentially, quite apart from Bill C-25, the real problem lies there. Before we debate the bills we should adopt in the House of Commons, we need to take a long, hard look at the approach and the model we are using when, in our justice system, some people, groups and governments are trying to shift the burden of proof to adolescents and use pretrial detention, with the effects that can have on adolescents. That is where the problem lies.

Quebec made a choice to work with adolescents. It decided not to simply view detention as the only way to respond to acts that could be criminal, but to bring together social stakeholders who work with our young people and involve educators and families so that young people can have a healthy environment. If adolescents do things that are not acceptable, it is because they are being seriously affected by various social problems. It is because they are in an environment where poverty is a reality for them. It is because young people are having more and more difficulty in finding jobs. It is because they feel they have no future.

When these young people commit a wrongdoing, it is because there is a fundamental problem, a societal problem upstream. What do we have here to deal with this situation? We have a government which is using the stick to deal with these social issues, with the problems relating to youth employment, or with the deadlock that young Quebeckers and Canadians are facing. We must ask ourselves whether this is the proper approach to put young people back on the right track. We, on this side of the House, do not believe it is.

We believe that rehabilitation and prevention must prevail. Inequalities are getting worse. Delinquency is becoming a way of life for an increasing number of young people. The exclusion of young people in the workplace, and in their environment, is becoming a major issue. Rather than coming up with a justice system that uses the stick against young people, we should provide adequate assistance to this generation, whose members often no longer hold any hopes.

What we are promoting today is a model that has proven successful, that has allowed us to have a homicide rate that is three times lower than that of the United States.

Of course, because we read major newspapers, every now and then we see that some young people committed a wrongdoing. In fact, what the federal government is trying to implement here in Canada is an approach similar to the one used in the United States, whose effectiveness has not been demonstrated.

For example, the homicide rate is three times higher in the United States than it is here, in Canada. So, did this approach based on repression help improve the situation? Of course not.

It is the same thing with violent crimes committed by young people. It is true that, in Quebec, the latest figures for 2006 point to an increase in violent crimes committed by young people. However, that is the only such data. All the other available data show that this type of violence is not increasing. Come to think of it, the government's approach is not aimed at the proper group.

What is the purpose of Bill C-25? According to clause 1, a judge must presume that the pretrial detention of a young person is necessary if:

1(2)(a) the young person is charged with a violent offence or an offence that otherwise endangered the public by creating a substantial likelihood of serious bodily harm to another person;

1(2)(b) the young person has been found guilty of failing to comply with non-custodial sentences or conditions of release; or

1(2)(c) the young person is charged with an indictable offence for which an adult would be liable to imprisonment for a term of more than two years and has a history that indicates a pattern of findings of guilt—

What is the government trying to accomplish with clause 1? Two things. First, it is trying to use presumption against young people and transfer the burden and the responsibility to them even though the problem is a genuine, social one.

Second, the bill seeks pretrial detention of adolescents even though we know that trials often result in not guilty verdicts. Adolescents would be kept in jail even though the verdict could turn out not to be a guilty one. Imagine the impact of that on adolescents in their formative years.

The battle we are fighting today over Bill C-25 is the same battle my colleague from Berthier—Montcalm fought several years ago over the Young Offenders Act.

In conclusion, we are defending the Quebec model here, a model that promotes prevention and the rehabilitation of our young people, as opposed to the federal government's approach, which is about repression and detention, and which is not at all the approach that should be used when young people need help.