Bill C-6 (Historical)

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

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.

Canada Elections Act

[Lynne Yelich, Conservative, Parliamentary Secretary to the Minister of Human Resources and Social Development]

Mr. Speaker, I listened to the member's remarks. I understand that he was on the procedure and House affairs committee, or had listened to the witnesses. If I understood him correctly, there is no issue with the Muslim women; this is not what it is about. I would like him to reiterate that and tell me then why the Liberals would try to make it into such an issue, if they had agreed at committee that it was not an issue once they heard that the Muslim women themselves are not offended. Could the member assure us that this definitely does not have anything to do with their being Muslim and that it is about voter identification at the polls?

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

Mr. Speaker, like my colleague, I listened to the first speeches by the Liberal Party of Canada this morning and I was a little surprised at what my colleagues in the official opposition were saying, because they were quite simply not on the same page as the leader of the Liberal Party, who asked the Chief Electoral Officer on September 6 to revisit his decision.

It seems to me that we might have expected some minimum of consistency this morning here in the House. I say this very humbly and without wishing to play political games. We can support this bill in principle. As I said, the bill is not perfect. It is certainly subject to being amended in committee. However, on the principle of the bill, we must be in favour, because there is a virtual consensus, apart from the NDP flip-flopping, having changed its mind on its position. It seems to me that we had a degree of consensus among the opposition parties, and that the Liberal Party was in agreement at that point. Now I am finding it difficult to explain the first speeches by the Liberal Party.

[John Godfrey, Liberal, Don Valley West, ON]

Mr. Speaker, I have a few questions to ask my colleague from Rosemont—La Petite-Patrie.

First, he insists that there is no racial element in this entire matter. And yet the next minute he is talking about this bill concerning voting with one’s face covered. That is not the title of the bill, but that is what he is talking about. What is being referred to when he says voting with one’s face covered? Is it women who belong to religious orders? I do not think so. It is in fact a group: Muslim women.

I would also ask him to make a logical connection for me between visual identification and the fact that in Canada we cannot insist that everyone have a piece of photo ID. Given that fact, why insist on people uncovering their faces? If it is not mandatory to have a piece of visual identification with a photograph, why compare that to a face? There is no logical connection, and so that is the question I am asking him.

Second, I would ask that he think a little about the distinction between passports, which people must have in order to cross borders, and the right to vote. It is a choice to get a passport and leave the country, but we have the right to vote as Canadian citizens and there is still no mandatory piece of photo ID.

And to conclude, I would ask him what the problem is, and how many incidents this bill will resolve? Instead of answering, we get told about principles. What are these principles? There is no problem, and so there is no need to have this bill.

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

Mr. Speaker, the proof that the hon. member is wrong lies in the fact that this is not an issue of race. If a Canadian citizen, a citizen from Rosemont—La Petite-Patrie for example, wears a veil and decides to go to the polling station, that person must identify themselves regardless of where they are from. We cannot have people going to polling stations wearing veils, whether they are Muslim or not. Showing one's face is the simplest way of identifying one's self.

My colleague is in fact proving that it might be time for us to have elector ID cards. That might be the way to resolve much of this problem. As far as passports and crossing borders are concerned, I did not give that example; Présence Musulmane Montréal did during an interview on September 10. Let me say again to the hon. member: Muslims have never asked for special treatment even though they know they have the right to do so. They have taken the initiative to uncover their faces because they thought it was perfectly normal to do so as a matter of security. They do so at the border and at the passport office. It was not a member of Parliament who said that; it was Présence Musulmane Montréal.

[Luc Harvey, Conservative, Louis-Hébert, QC]

Mr. Speaker, we are hearing comments on the subject of veiled voting. Some people are even trying to give it a racial slant. During the last election, I was in Saint-Hyacinthe, where several people were wearing veils and others were wearing grocery bags on their head. It was absolutely despicable because people were abusing the situation and even sharing bags. I think this goes against the purpose of one person one vote. I have also done my research and there is not a single country in the world that allows women to vote with their faces covered, except for this one maybe.

Since we are talking about double-checking a person's identity by comparing their face to their identification card, I would like to know what the Liberal Party stands to gain by maintaining voter anonymity. The question is for my friend from the Bloc.

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

Mr. Speaker, I partially answered that question earlier. It is very dangerous, on the basis of Bill C-6, to say that this is a strictly racial issue. The Liberals are playing a dangerous game this morning.

The member's example was the same as one I mentioned before. A voter who arrives more or less disguised at the polling station must identify themselves, as must any Muslim woman who wears a veil. It is purely a matter of identifying the voter. My colleague is right; there are even precedents in Morocco where some accommodations can be made. However, when a citizen appears before a deputy returning officer, he or she must be able to identify the voter. This is the purpose of the act, a principle which the Liberal Party should support this morning.

[Colleen Beaumier, Liberal, Brampton West, ON]

Mr. Speaker, I find it quite amazing that everyone in the House pretends to be an expert on Islam. Of course the Muslim member for Don Valley East would know very little about it.

As Christians, we can stand here and say that we are going to heaven and they are going to hell because the man who teaches us interprets the Bible better than their preacher does.

We talk about Islam being a custom and not a religious requirement. I have heard the kirpan referred to in the past as a custom, not a religious requirement. This was settled in court and the court ruled that it was a religious requirement.

The member said that he spoke to a number of Muslims. Was it 50, 100, 500? That does not make him an expert on Islam. It does not make him an expert on whether this is a custom or a religious requirement.

He said that the members of the Muslim community asked for this. I am sure they did not ask for it because this non-issue has became a major issue. Is that not true? Did they come before or after we made this an issue?

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

Mr. Speaker, the answer is clear. The issue came up well before we debated it here. If my colleague had followed the Quebec elections—both the provincial election and the byelections held in September—she would have known that our examination of the bill today is based on facts.

We must make sure that this does not become a racial debate. It is because some citizens appeared—and I stress that it was not just Muslim citizens, but simply citizens—with their face covered to vote in the byelections.

[Mario Silva, Liberal, Davenport, ON]

Mr. Speaker, I will be splitting my time with the member for Brampton West.

As we debate various legislative proposals in the House, we are most often dealing with what we would describe as the “what” question. What is the bill designed to do? What does it change? What does it replace in terms of current law? However, I must confess, like many of my colleagues in the House, that I am asking the “why” question when it comes to the Conservative government's Bill C-6. Why has the government brought forward this legislation and why at this time?

First, one could ask whether there is a pressing and widespread problem with respect to the integrity of the voting process in regard to women who choose, for religious reasons, to wear a veil. Quite frankly, this is simply not the case. If it were not for the fact that some politicians have raised this issue, I am not sure it would have materialized as a major concern for Canadians, their elected representatives or observers in the political arena in our country.

I read with interest a quotation from the head of the Islamic Association of Nova Scotia, who said of this issue:

There was no controversy. The Muslim community never complained. The women would gladly take off their veil for a woman official.

I will not dwell too much upon the possible reasons for the government to bring forward Bill C-6, but let us consider the normal motivation for legislative initiatives.

The primary and appropriate motivation is based upon a sound and pressing policy requirement. In other words, the introduction of a piece of law is based upon sound public policy and the greater good of our society.

The second and less acceptable motivation is for political purposes. In view of the fact that this issue is not of concern to Elections Canada and was not clearly in need of urgent remedial action, I can only leave members of the House to draw their own conclusions in regard to what has motivated the government to introduce Bill C-6.

I believe a number of my colleagues have already raised the issue of mail-in ballots in regard to Bill C-6. While the government seems preoccupied with respect to the issue of veiled women having to remove their veils in voting stations, it seems to be perfectly comfortable with the concept of mail-in ballots.

In the 2006 federal election there were approximately 80,000 mail-in ballots. Obviously it is, by very definition and practice, not possible to visually confirm the identification of a voter using a mail-in ballot.

Furthermore, Bill C-6 and current election law do not even require the presentation of photographic identification for the purpose of casting a ballot in a federal general election.

In practical terms then, Bill C-6 could create a scenario where veiled voters are required to unveil themselves after having presented several pieces of non-photographic identification. What possible benefit is derived from this unless the polling official personally knows the voter? The practical realities of Bill C-6 are simply absurd.

We should also take note of the fact that in nations like the United Kingdom there has been talk of addressing voter turnout issues by permitting voting over the Internet. Clearly, the future will likely include the use of such tools to facilitate easier voting by citizens in Canada. When and if this comes to Canada, it will only further relegate to insignificance legislation like Bill C-6.

The real motivation of the government is clear to many observers. The Global and Mail editorial page recently expressed the thoughts of many reasonable observers when it stated in regard to Bill C-6 the following:

Pandering to...prejudice is a cheap way to win votes. Prime Minister Stephen Harper is pandering by introducing a bill to force veiled Muslim women to show their faces at polls.

[The Acting Speaker, Andrew Scheer]

I remind the hon. member for Davenport that we do not use colleagues' proper names but riding names or titles.

[Mario Silva, Liberal, Davenport, ON]

Mr. Speaker, I am actually quoting.

[The Acting Speaker, Andrew Scheer]

You cannot do indirectly what you cannot do directly in the House, so please refrain from using the proper name.

[Mario Silva, Liberal, Davenport, ON]

Mr. Speaker, the truth is that this is just the latest manifestation of the government's politics of division and discord. We have only to look to the termination of the court challenges program or the government's opposition to the equal treatment of gays and lesbians as examples of its approach to governing.

The reality is this is a non-issue that the government has whipped up into tempest for its own narrow and limited political objectives. If the government wanted to address real issues facing our country in terms of elections, it could look to ways of addressing very serious concerns like ever shrinking voter turnout at election time.

In federal elections we are averaging only 66% voter turnout. At the provincial and municipal levels of government it is even worse, where turnout levels are in the 50% and 25% ranges, respectively.

Clearly, there is need to reform our electoral system to encourage more Canadians to vote, not to find or create situations that discourage voting. Simply put, Bill C-6 is another example of the government's pattern of targeting specific groups of Canadians. It is just not appropriate or fair.

Instead of simply aiming laws like Bill C-6 at one particular group in our country, we should be embarking upon a thorough and comprehensive review of our electoral system. We need to look at broad based issues. This could include the issue of photographic identification. Is it something we should require? Is it practical?

The reality is that current law, as noted before, does not require photographic identification. This is something we can look at in the context of a comprehensive review of voting regulations. Similarly, there are other means of voting that we need to look at in order to encourage Canadians to vote.

We have an aging population that finds it increasingly more difficult to vote. As the number of older Canadians grow, there are real challenges to their ability to exercise their right to vote at polling stations. This is especially true during winter campaigns.

Although there are some processes available to allow people in these situations to vote, they are cumbersome and act in reality as a deterrent to voting. Likewise, many Canadians travel during winter months and in winter elections may not have the opportunity to exercise their right to vote at polling stations. Again, while there are mail-in ballots, we should look at the process to determine how it might be made easier for overseas Canadians to vote.

Another major and ever increasing issue is that of apathy found among young Canadians in exercising their right to vote. These Canadians are the future of our country. What can we do to encourage them to vote?

We need to address issues like these because they are issues of substance. They speak to the heart of the issues facing our electoral system. Instead of playing political games with issues like those found in connection with Bill C-6, we should be looking to address these real and pressing concerns.

The Charter of Rights and Freedoms is a compelling document. However, it is not only a document; it is the spirit of our country. It is the expression of the values we hold dear to our hearts as citizens of our great country. It is also something the government finds an inconvenience.

The Charter of Rights and Freedoms speaks to our equality and the right to the free expression of our religious beliefs. Bill C-6, in essence, is looking upon the issue as some kind of cultural matter. The use of the veil is not cultural. It is an expression for Muslim women of their religious beliefs.

In view of the fact that the current election law does not require photographic identification, in view of the fact that mail-in ballots are permitted by the election law, in view of the fact that this issue has not been raised by the Muslim community that it directly affects and in view of the fact that voters can simply vote using a utility bill or a bank statement, why is the government raising this issue?

It is really my original question once again. Why? The government needs to answer this question truthfully.

It was the great philosopher Aristotle who said, “Democracy arises out of the notion that those who are equal in any respect are equal in all respects”. This statement is something we should all consider today in the House as we debate the government's proposed law.

[Lynne Yelich, Conservative, Parliamentary Secretary to the Minister of Human Resources and Social Development]

Mr. Speaker, I would like to suggest, if the member is so confused about why we are doing it, that this is the time to do it before an election so that the people at the polls have to use some discretionary measures to give a ballot.

I believe it was the chief electoral officer who insisted that this be done and it is about the integrity of democracy and of the vote. Therefore, I do not understand why the member would not want to see this go through and be settled.

The Liberals are making this into a cultural or religious issue but it has nothing to do with that. It is asking for visual identification to get a ballot. That is all it is. It was not an issue until the Liberals made it an issue.

However, I am trying to think of all the things that come up on an election night. Perhaps, as the member from the Bloc tried to stress, these kinds of things become an issue on election night when these people do not have a great deal of time to seek out some sort of guidance on this.

If the member is trying to make a religious issue out of this, then perhaps he should go back to the people who he is saying are affected. They have already said to the committee that they are not affected by this legislation and that they would be glad to take off their veils. They are not unhappy about it.

All parties at the procedure and House affairs committee agreed to have this legislation for the integrity of the voting system. Therefore, why not just pass the bill. It does not sound like it will hurt anyone or cause any problems throughout the Muslim communities. This has nothing to do with just religion or culture. It has more to do with showing ID at the polls.

[Mario Silva, Liberal, Davenport, ON]

Mr. Speaker, I have spoken both in the House and in the Standing Committee on Procedure and House Affairs about the importance of reviewing our electoral laws and, specifically, how people vote and what the requirements are when people do cast a ballot. It is quite important for the integrity of the system that there be proper identification when people are casting a ballot. I have argued, in fact, for photo identification.

The problem is that the government, in its haste, has brought a series of laws into the House without carefully looking at all the ramifications. A case in point was the law it put into place that looked at voter identification and missed out a piece of it, and several other pieces were also missing that are very important.

I have raised in my debate the fact that one can show a phone bill, which has no photo ID, and cast a ballot. My deepest fear and concern about this specific legislation is that it appears more and more to be targeting one group and omitting all the other issues that are equally important to the whole process of voting in this country.

Therefore, if the government wants to table legislation that reviews the whole system of how we vote, how to get more voter participation and how to bring in a photo ID card system for every Canadian who casts a ballot, I am willing to look at that and study that.

However, no. What the government has decided to do is target, and it is really targeting, one specific group. It cannot deny the fact that it is targeting one group, and that is what I find most offensive about this law.