Mr. Speaker, I am very pleased to have the opportunity to speak to Bill C-424, An Act to amend the Canada Elections Act (contestation of election and punishment). I want to thank and congratulate the hon. member for Beauséjour, who is the sponsor of this commendable private member's bill.
Bill C-424 has to do with a fundamental pillar of our democracy: the electoral process. As legislators, we have a duty to preserve the integrity of our democratic system. We must cherish and appreciate the good fortune we have of living in a country where fair and free elections are held on a regular basis. Unfortunately, as with everything, some people abuse our system and try to get around the rules that are in place. These malicious people have to be punished in a way that fits their crimes. That is what Bill C-424 tries to do, in part.
Some unfortunate events presumably took place during the last general election on May 2, 2011. I am talking about what is commonly referred to as the robocall scandal. This bill seems to me to have been motivated by this disgraceful incident. This type of fraudulent tactic undermines the public's trust in the electoral system. Something must be done to regain that trust. This bill will help to do that. I would like to talk about the specifics of Bill C-424, so that those watching at home can understand what we are talking about today.
First, Bill C-424 amends paragraphs 500(5)(a) and 500(5)(b) of the Canada Elections Act to multiply the fines for some offences by 10. The fines will thus increase from $2,000 to $20,000 for summary convictions and from $5,000 to $50,000 for indictments.
The type of offences covered by paragraphs 500(5)(a) and 500(5)(b) include delaying or obstructing the electoral process; offering or accepting a bribe; compelling or intimidating a person to vote or refrain from voting for a particular candidate; acting as an election officer without being one; wilfully making a false declaration; exceeding or evading election advertising expense limits; disclosing the vote of a voter one has helped; intentionally and prematurely spoiling an advance ballot; wilfully failing to declare a candidate elected; and wilfully conducting election advertising using government means of transmission. There are thus a number of offences.
This bill affects individuals, voters, election officers—including returning officers—polling companies, candidates, registered associations, party leaders and political parties in general. The types of offences covered by the harsher penalties generally have to do with wrongdoing that could seriously undermine the legitimacy of the democratic process in Canada.
This bill imposes harsher penalties for intentional offences, when a political party, association, voter, election officer, candidate, party leader or individual intentionally breaks the law. Here, the emphasis is on the word “intentionally”. Anyone who intentionally interferes with the electoral process deserves a harsh sentence.
We are not talking about minor mistakes committed accidentally by a campaign volunteer, for I would not want to dissuade anyone who might want to get involved in volunteer work for a political party, but who might fear getting slapped with a $20,000 fine. That would be unacceptable. Rather, we are talking about premeditated fraud committed by organized individuals using sophisticated means to break the law.
At the same time, these offences seriously undermine not only the legitimacy of the democratic process, but also our own legitimacy as the elected representatives of the Canadian public. It is important to note that Bill C-424 does not create any new offences. It merely increases fines. Admittedly, monetary penalties ranging from $2,000 to $5,000, as they currently stand, are pretty minimal.
As a result of the uncertainty caused by the robocall scandal, it is crucial that individuals who want to violate the Canada Elections Act for partisan purposes be punished severely. The NDP believes that, given the offences targeted by the bill and the importance of maintaining the integrity of our electoral system, it is in the public interest to impose fines that reflect the seriousness of the crimes committed. Fines that are increased tenfold would be a good way to discourage anyone who might consider deliberately breaking the law for partisan purposes.
Second, the bill seeks to increase the powers of the Chief Electoral Officer. The NDP supports this initiative to give the Chief Electoral Officer the authority to contest an election if he or she notes any irregularities. We do believe, however, that this needs to be explored further in committee. As my hon. colleague from Toronto—Danforth just mentioned, we do have some concerns regarding this measure to increase the powers of the Chief Electoral Officer.
At present, only an elector who is eligible to vote in a given riding or a candidate in that same riding can file a complaint with the Commissioner of Canada Elections if he or she feels there are any irregularities.
When there are reasonable grounds to believe that the law has been broken, the Commissioner of Canada Elections can refer the matter to the Director of Public Prosecutions, who decides whether or not to prosecute. Generally, a lengthy process ensues and can last several months or several years.
By allowing the Chief Electoral Officer to act alone, we are simplifying the process a bit. Our support for granting the power of contestation to the Chief Electoral Officer complements the motion we moved last winter on enhancing the powers of the Chief Electoral Officer and Elections Canada. We believe that this measure is good because such legal processes take a lot of time and money. My two colleagues mentioned this earlier, but just look at Etobicoke Centre, where it took a very lengthy process before a decision could be made. The average person probably would not get involved in such lengthy legal wrangling.
However, the Chief Electoral Officer has the necessary resources for such processes. What is more, it would be easier to contest elections in a greater number of ridings, in the event of widespread electoral fraud, as in the case of the robocalls, which affected several ridings. It would be difficult to have a voter or a candidate from every riding contest the election. Contestation would be easier if only one agency could contest several ridings at a time, in cases of widespread fraud.
Some government members have expressed concern over the Chief Electoral Officer's partiality if he had such contestation powers. That is why we believe that it would be worth asking him the question in committee. That is one of the reasons why we support the bill at second reading. We will have to see how this bill can be improved in committee.
As my colleague mentioned, we also have some concerns. If the Chief Electoral Officer had more powers, then things would have to be regulated a little more. Under specific circumstances, where there is clear evidence of irregularities, contestation could be possible, but only after the implementation of a specific process whereby the Chief Electoral Officer would show that he has tangible evidence related to a fraudulent situation.
My colleague from Beauséjour pointed this out in his opening speech on October 3:
This approach is entirely consistent with other electoral systems in Canada such as in British Columbia, Ontario and Nunavut, where the chief electoral officers are able to contest the election result in a particular electoral district.
Therefore, the precedent for such power has already been set in two provinces and one territory. As I mentioned earlier, we must ask the Chief Electoral Officer this question when the bill is at committee stage. I hope he will attend with the support of the government.
In the interests of thoroughness, Bill C-424, which was introduced by the member for Beauséjour, deserves to be examined in more detail in committee. The bill is a good starting point, but we must continue to improve it.
The NDP supports sending this bill to committee. I hope that the Conservatives will also support it, which would allow for more in-depth study. It speaks to the integrity of our democratic system. I would be shocked if the Conservatives were to vote against the bill.
We anxiously await the committee's findings. This is a matter of public interest. The many allegations of wrongdoing during the last election clearly illustrate that this harms democracy in Canada. In light of the recent election scandals, we must take immediate steps to improve the Canada Elections Act and to regain the trust of Canadian voters. It is our duty, and this bill is a good start.
