An Act to amend the Canada Elections Act (visual identification of voters)

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

Sponsor

Peter Van Loan  Conservative

Status

In committee (House), as of Nov. 15, 2007
(This bill did not become 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 require that electors have their faces uncovered before voting, or registering to vote, in person, and supplements the authority of Elections Canada to appoint sufficient personnel to manage the conduct of the vote at the polls.

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.

Canada Elections ActOral Questions

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

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

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.
See context

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, I recognize the dilemma that we are in. We have proposed a solution that would deal with the issue. We have proposed that voters would be permitted to take an oath as to their legitimacy in voting in a particular riding at a particular poll. It is a simple solution. Why is it not adequate for the government? Why is it not adequate for the very small number of voter fraud cases that we have in this country? Why are we creating this convoluted mess in this country? Why are we not taking the simple solution?

If the bill goes forward to committee, we will still be asking for a simple solution to this. I do not know whether the amendment would be possible at this point in time. If we have to go ahead with an amended bill that is not amended in a simple fashion but in a more complex fashion, then we will be talking about it when the voters go to the polls. We will be talking about the failure of those parties to deal with the voters' rights.

Canada Elections ActOral Questions

November 15th, 2007 / 5 p.m.
See context

Kamloops—Thompson—Cariboo B.C.

Conservative

Betty Hinton ConservativeParliamentary Secretary to the Minister of Veterans Affairs

Mr. Speaker, occasionally in this place, when we are debating any piece of legislation or private member's bill or whatever the case may be, oftentimes some very silly statements are made. Most of the time those are forgivable.

I have a very simple question for the member from the NDP. The member seems to think that there is no requirement for identification to vote. It is one of the things he has raised several times. I am wondering if the member from the NDP has ever taken out a video from a video store. People have to produce identification with a photograph on it to take out a video. How could taking out a video be more important than the basic democratic right in this country to vote? I would like to have an answer to that question.

Canada Elections ActOral Questions

November 15th, 2007 / 5 p.m.
See context

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, in my life in the Northwest Territories, I have rarely had to produce photo ID to take out a video at a video store.

One of the Conservatives' problems is mixing the rights in a public government with that of business opportunities and businesses that are conducted in a private fashion. These are two totally different things.

I think something needs to be said about the sanctity of voting in Canada and I am hoping that if we cannot do it here that the courts will do it, the courts will come up with an answer for us about that sanctity and that responsibility of all of us to ensure that everyone has the best possible opportunity to cast their vote in an election. That is what I want, that is why I am standing here today and that is why I have taken the position that I have.

Canada Elections ActOral Questions

November 15th, 2007 / 5 p.m.
See context

NDP

Bill Siksay NDP Burnaby—Douglas, BC

Mr. Speaker, yesterday, the report, “You Just Blink and It Can Happen: A Study of Women's Homelessness North of 60”, was released. I wonder if the member might comment, since often people think that homelessness is an urban issue. I know this is an issue in his riding. How is the failure of this legislation to allow people who are homeless to register to vote an issue in his riding of Western Arctic?

Canada Elections ActOral Questions

November 15th, 2007 / 5 p.m.
See context

NDP

Dennis Bevington NDP Western Arctic, NT

Mr. Speaker, in the Northwest Territories people are centralized. They may be in small communities and then move to larger centres. Issues occur and they become homeless. If those people have identification, it will be, in many cases, a driver's licence, which is a five year document in the Northwest Territories for which we pay $80. Nobody changes their driver's licence without reason, especially--

Canada Elections ActOral Questions

November 15th, 2007 / 5 p.m.
See context

Conservative

The Acting Speaker Conservative Royal Galipeau

Resuming debate. The hon. member for Ottawa Centre.

Canada Elections ActOral Questions

November 15th, 2007 / 5 p.m.
See context

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 / 5:20 p.m.
See context

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 / 5:25 p.m.
See context

NDP

Paul Dewar NDP Ottawa Centre, ON

Mr. Speaker, Cassandra comments aside, please, I would like to point out to the member that I do not think this is ideological at all. This is about getting the job done and making sure we do our homework.

That is why I underlined the point that at committee we heard from people who said that there would be a problem with civic addresses for people in rural areas. In fact, if we look at the blues, at committee it was very clear that this would be a problem and we were warned.

I am not sure what his party was doing at committee and why the Liberals decided to support this bill and, along with the Bloc, amend the bill so that our privacy would be up for sale with the birthdate information. That is not ideological, or maybe it is ideological. It is about what I thought was a liberal value. I mention John Stuart Mill. Perhaps the member might want a reference on the protection of privacy and look at why we would have birthdate information on the voters list and with political parties. That is what his party voted for; let us be clear.

I did not want to get into an ideological discourse here. Simply put, of course we will try and clean it up. My point was how did we get here? We got here because it was an ill-conceived bill. When my party brought forward amendments that were based on witness testimony, we were not listened to.

I was simply pointing out that this time members should talk to their constituents about this. We should make sure that we have proper witnesses in front of the committee. We should make sure, for goodness' sake, that we listen to them this time.

Canada Elections ActOral Questions

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

Conservative

The Acting Speaker Conservative Royal Galipeau

The hon. member for Victoria should know that I will interrupt her at 5:30 p.m. We have two minutes for the question and answer.

Canada Elections ActOral Questions

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

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 / 5:25 p.m.
See context

Conservative

The Acting Speaker Conservative Royal Galipeau

It being 5:30 p.m., the hon. member will have to explain at another time. There will be five minutes left when Bill C-18 returns to the House and the hon. member for Ottawa Centre could respond to those comments.

The House will now proceed to the consideration of private members' business as listed on today's order paper.