Bill C-23 (Historical)

Fair Elections Act

An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts

This enactment amends the Canada Elections Act (“the Act”) to require the Chief Electoral Officer to issue interpretation notes and guidelines on the application of that Act to registered parties, registered associations, nomination contestants, candidates and leadership contestants. It also requires the Chief Electoral Officer, on request, to issue a written opinion on the application of provisions of the Act to an activity or practice that a registered party, registered association, nomination contestant, candidate or leadership contestant proposes to engage in.
The enactment also modifies the Chief Electoral Officer’s power under section 17 of the Act so that the power may only be exercised to allow electors to exercise their right to vote or to allow votes to be counted. It also limits the Chief Electoral Officer’s power to transmit advertising messages to electors and requires the Chief Electoral Officer to ensure that any information so transmitted is accessible to electors with disabilities.
The enactment further amends the Act to permit the Chief Electoral Officer to seek approval from parliamentary committees to test an alternative voting process (but where such a pilot project is to test a form of electronic voting, the Chief Electoral Officer must first obtain the approval of the Senate and House of Commons). The enactment also eliminates the mandatory retirement of the Chief Electoral Officer at age 65 and replaces it with a 10-year non-renewable term. It provides for the establishment of an Advisory Committee of Political Parties to provide advice to the Chief Electoral Officer on matters relating to elections and political financing. The enactment also amends the Act to provide for the appointment of field liaison officers, based on merit, to provide support to returning officers and provide a link between returning officers and the Office of the Chief Electoral Officer. It also enables the Chief Electoral Officer to temporarily suspend a returning officer during an election period and provides for the appointment of additional election officers at polling stations. Finally, it empowers registered parties and registered associations, in addition to candidates, to provide names of individuals for election officer positions and changes the deadline for providing those names from the 17th day before polling day to the 24th day before polling day.
The enactment also adds to the Act Part 16.1, which deals with voter contact calling services. Among other things, that Part requires that calling service providers and other interested parties file registration notices with the Canadian Radio-television and Telecommunications Commission, provide identifying information to the Commission and keep copies of scripts and recordings used to make calls. That Part also requires that the Canadian Radio-television and Telecommunications Commission establish and maintain a registry, to be known as the Voter Contact Registry, in which the documents it receives in relation to voter contact calling services are to be kept.
The enactment also replaces Part 18 of the Act with a new, comprehensive set of rules on political financing that corrects a number of deficiencies in the Act. Notably, the enactment
(a) increases the annual contribution limits for contributions to registered parties, registered associations, candidates and nomination and leadership contestants to $1,500 per year and by $25 per year after the first year;
(b) increases the amount that candidates and leadership contestants may contribute to their own campaigns to $5,000 and $25,000, respectively;
(c) permits registered parties and registered associations to make transfers to candidates before their nomination is confirmed by the returning officer;
(d) requires a registered party’s auditor to complete a compliance audit in relation to its election expenses return indicating that the party has complied with the political financing rules;
(e) requires registered parties, registered associations and candidates to disclose details of expenses for voter contact calling services in their returns;
(f) reforms the rules governing unpaid claims, making it an offence for claims to remain unpaid after three years and strengthening the reporting of unpaid claims;
(g) reforms the reporting requirements of leadership contestants;
(h) permits higher spending limits for registered parties and candidates if an election period is longer than the 37-day minimum;
(i) includes new rules on political loans; and
(j) defines “capital asset” for the purposes of reporting the distribution cost of advertising or promotional material transmitted to the public using a capital asset, so that the expense is reported as the corresponding rental value for the period in which it was used, and for the purpose of the disposal of the campaign surplus.
With respect to voter identification, the enactment amends the Act to require the same voter identification for voting at the office of the returning officer in an elector’s own riding as it requires for voting at ordinary polls. It also prohibits the use of the voter information card as proof of identity, eliminates the ability of an elector to prove their identity through vouching, allows an elector to swear a written oath of their residence provided that their residence is attested to on oath by another elector, and requires an elector whose name was crossed off the electors’ list in error to take a written oath before receiving a ballot.
The enactment also amends the Act to provide an extra day of advance polling on the eighth day before polling day, creating a block of four consecutive advance polling days between the tenth and seventh days before polling day. It requires a separate ballot box for each day of advance polling and details procedures for the opening and closing of ballot boxes during an advance poll. Finally, it gives returning officers the authority to recover ballot boxes on the Chief Electoral Officer’s direction if the integrity of the vote is at risk.
The enactment also amends the Act to, among other things, establish a process to communicate polling station locations to electors, candidates and political parties, to provide that only an elector’s year of birth is to be displayed on the lists of electors used at the polls, instead of the full date of birth, to permit candidates’ representatives to move to any polling station in the electoral district after being sworn in at any polling station in the district and to establish a procedure for judicial recounts.
The enactment further amends the Act to change how the Commissioner of Canada Elections is appointed. It establishes that the Commissioner is to be appointed by the Director of Public Prosecutions for a seven-year term, subject to removal for cause, that the Commissioner is to be housed within the Director’s office but is to conduct investigations independently from the Director, and that the Commissioner is to be a deputy head for the purposes of hiring staff for his or her office and for managing human resources.
The enactment also amends the Act to add the offence of impersonating or causing another person to impersonate a candidate, a candidate’s representative, a representative of a registered party or registered association, the Chief Electoral Officer, a member of the Chief Electoral Officer’s staff, an election officer or a person authorized to act on the Chief Electoral Officer’s or an election officer’s behalf. It also adds the offences of providing false information in the course of an investigation and obstructing a person conducting an investigation. In addition, it creates offences in relation to registration on the lists of electors, registration on polling day, registration at an advance polling station and obligations to keep scripts and recordings used in the provision of voter contact calling services.
The enactment further amends the Act to provide for increases in the amount of penalties. For the more serious offences, it raises the maximum fine from $2,000 to $20,000 on summary conviction and from $5,000 to $50,000 on conviction on indictment. For most strict liability offences, it raises the maximum fine from $1,000 to $2,000. For registered parties, it raises the maximum fine from $25,000 to $50,000 on summary conviction for strict liability political financing offences and from $25,000 to $100,000 on summary conviction for political financing offences that are committed intentionally. For third parties that are groups or corporations that fail to register as third parties, it raises the maximum fine to $50,000 for strict liability offences and to $100,000 for offences that are committed intentionally and for offences applying primarily to broadcasters, it raises the maximum fine from $25,000 to $50,000.
The enactment amends the Electoral Boundaries Readjustment Act to authorize the Chief Electoral Officer to provide administrative support to electoral boundary commissions. It amends the Telecommunications Act to create new offences relating to voter contact calling services and to allow the Canadian Radio-television and Telecommunications Commission to use the inspection and investigation regime in that Act to administer and enforce part of the voter contact calling services regime in the Canada Elections Act. It amends the Conflict of Interest Act to have that Act apply to the Chief Electoral Officer. It also amends the Director of Public Prosecutions Act to provide that the Director of Public Prosecutions reports on the activities of the Commissioner of Canada Elections.
Finally, the enactment includes transitional provisions that, among other things, provide for the transfer of staff and appropriations from the Office of the Chief Electoral Officer to the Office of the Director of Public Prosecutions to support the Commissioner of Canada Elections.

Citizen Voting Act

[Alexandrine Latendresse, NDP, Louis-Saint-Laurent, QC]

Mr. Speaker, before I begin, I want to say that I find it very unfortunate that this is the 95th time the Conservatives have imposed a time allocation motion. I think it is positively shameful that in our democracy, in 2015, the Conservatives will not let us have an honest discussion in the House of Commons on something like closure motions and time allocation motions.

Many of the solutions proposed could help us create a more vibrant democracy. The Conservatives have always rejected the solution proposed by the NDP to have limits on when time allocation motions can be used. I find that unfortunate. Ironically, when the Liberals imposed too many time allocation motions, the Conservatives were the first to denounce it, saying how wrong it was and how limiting debate was an affront to democracy.

Now the Conservatives have set a new record. I think there is an explanation for this. The Conservatives have realized that this is no longer making headlines. Early on, when they began moving closure and time allocation motions, that got a reaction out of people. People wondered why the Conservatives were doing that, and they were not happy about it. Now, 95 time allocation motions later, people are sick of it. There is a certain point where people stop talking about it, because it becomes redundant and there is nothing more to say on the matter. Saying that the Conservatives are attacking our democracy elicits responses like “Yes, but that is the way it is and the way it has always been”. This is nothing new, and people eventually ignore the situation. However, the reality is that we are once again faced with closure on debate. I truly believe that the Conservatives must have some sort of goal to move 100 time allocation motions before the end of the 41st Parliament. It is really unfortunate, but that is just the way it is.

Today I will be sharing my thoughts on Bill C-50. It is yet another bill to amend the Canada Elections Act. This time the amendment has to do with voting from abroad.

Bill C-50 is the solution the Conservative government is proposing in response to the legal problem caused by the Ontario Superior Court ruling in Frank et al. v. Attorney General of Canada.

I would like to take a bit of time to go over the events that brought us here in order to help those watching at home who may not have all the facts they need to properly understand our discussion today.

Summing things up like that will make it easier for me to explain why I refuse to support this bill. At the same time, I will have the opportunity to share with my hon. colleagues a few suggestions for improving this bill.

First, as I was saying, the impetus for introducing this bill last December was the decision by Justice Michael Penny of the Ontario Superior Court to nullify a part of the Canada Elections Act, specifically paragraph 11(d) regarding certain restrictions on voting applicable to Canadians living abroad.

Up until that verdict was handed down a year ago tomorrow, Canadian citizens living abroad for more than five years would lose their right to vote. Justice Penny held that this loss of the right to vote violated a constitutional right guaranteed by section 3 of the charter, which states that “Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.”

This prescribed time limit was contrary to the spirit of the charter because it could not be justified under section 1, which guarantees the right to vote in a free and democratic society. Justice Penny further held that voting is an inalienable right under the charter. That is what is at the heart of the discussion we are having today, and it is this key point that informs my entire understanding of the problem.

We must say it over and over again: every Canadian citizen has the sovereign right to cast a ballot during an election. It is simple. However, this statement has two logical consequences. First, anyone who would attempt to hinder or prevent a Canadian citizen from voting is guilty of very serious wrongdoing. Furthermore, and this is the impetus for the bill, as a moral entity, Canada must do everything in its power to ensure that its citizens can exercise their right to vote during an election. In other words, the state administration must adjust to its citizens and not the opposite. Best efforts must be made to facilitate, encourage and honour the citizens' democratic exercise.

This view of the right to vote that I just explained will be upheld by all the courts in the land, no matter what happens.

I do not believe that I am mistaken when I say that, in addition to the courts, the people themselves will confirm this interpretation of our constitutional rights and defend it. It would seem that the only person who has not understood this is the Minister for Democratic Reform. However, I am not here to argue with and insult the government. I would like all of us to work together to find a solution to this problem.

A consideration related to what I said earlier should be addressed here. We agree that the right to vote is an inalienable constitutional guarantee. The right to vote is also a civil responsibility. A citizen has the right and the duty to vote. However, he or she does not have an obligation to vote. Refusing to exercise one's democratic right is, in my humble opinion, also guaranteed by the Canadian Charter of Rights and Freedoms because abstaining from voting or spoiling one's vote constitutes a valid democratic gesture. A vote does not have any qualitative aspect. A spoiled ballot is still a ballot. I am dwelling on these details, these facts, because I want to be clear and I want to properly identify the essential nature of the right to vote. I would like my colleagues to correct me if they believe that my definitions are incorrect.

I would like to come back to the judge's verdict. This Superior Court decision took effect immediately and struck down the five-year limit set out in paragraph 11(d). After all—and I am asking those who are listening this question—why five years? What was the rationale for that timeframe? Why not 6, 10 or 20 years? I am sure that some thought went into that decision when the Canada Elections Act was reviewed in the 1990s, but this number still seems rather random to me. I am not sure when this provision was added to the Canada Elections Act, but perhaps migration was less common or more permanent at that time. When a person left for more than five years, it was only logical to assume that they were never coming back. After all, international travel was not always as easy and common as it is now.

I think that this is one of the shortcomings of the decision to quantify the loss of the right to vote at five years, a flaw that remains in the bill despite the fact that the bill is supposed to fix it. Everything I am about to say now should be taken with a grain of salt. I am going to try to describe the perception that Canadians have of themselves when they take shortcuts. In their minds, Canadians are not the sort of people who tend to emigrate. People leave for a year or two, but then they come back. They may go to the United States or Great Britain to go to school, or they may move for a diplomatic post or because they are in the military and they are stationed abroad. Otherwise, being an expat is not very serious and is more an act of social rebellion than anything else. That is basically the stereotype we have about ourselves. However, it is quite close to the reality of many Canadians. Some Canadians do a lot of travelling. Many of them have dual citizenship and share their time between two countries. These people follow Canadian politics, talk about Canada in their second country and keep up with current events in Canada. These people are full citizens and they have the same constitutional guarantee to the right to vote as every other Canadian.

This was confirmed by Justice Penny in his ruling. If a rose is a rose is a rose, then a Canadian is a Canadian is a Canadian. No matter where a Canadian may be—even on Mars—they have a right to vote. The Office of the Chief Electoral Officer quickly responded to this Ontario Superior Court ruling, and it announced that it would no longer apply the parts of the Canada Elections Act that had been invalidated. In theory, the right to vote was thus expanded to a pool of about 1.5 million newly enfranchised voters. This was a historic decision. An entire group of people had once again been vested with the most fundamental right in our Constitution. It was anachronistic, but still exciting. Just last week we celebrated the anniversary of women obtaining the right to vote in Quebec. Need I remind members that aboriginal people just obtained the right to vote in their own country in 1960?

The five-year period set out in the Canada Elections Act was a remnant of an bygone era, and this ruling appears to have completely eliminated this exclusion.

Although this speech will soon take a more negative tone, I am very happy that the last restriction on enfranchisement in Canada has been eliminated.

With respect to selective inclusion, I would like to share a quote from David Smith of the University of Saskatchewan:

Voting is the hallmark of citizenship, both symbolically and practically....

....at different times, the House of Commons admitted and the House of Commons excluded, but in each instance, the House of Commons defined Canada.

The value of the right to vote as a guarantee of the legitimacy of this House demands absolute respect on our part.

However, this decision creates a big problem. These 1.5 million citizens who will now be able to exercise their right to vote will be added to the approximately 2.8 million other expats who were already eligible to vote.

Electoral logistics need to be properly set up so that these millions of people can vote. After all, as I said, the state is responsible for facilitating the process and collecting ballots everywhere in Canada.

This is where things get a little less fun because we are getting right into the frustrating world of political calculation.

Let us start with the good ideas and the brilliant initiatives. In February, my colleague from Halifax introduced Bill C-575, which presaged Justice Penny's decision and attempted to ensure that absolutely all Canadian citizens residing abroad would have the right to vote.

The thinking behind Bill C-575 is self-evident. In the interconnected and instantaneous world of globalization, it a good thing for Canadians to live and work around the world. The House must take immediate action to confirm these citizens' right to vote.

I would imagine that everyone agrees with the member for Halifax's ideas on this, but of course, such a historic and generous initiative from the opposition could not be tolerated, much less endorsed, by the government. The Conservatives would rather die than take the lead and accept a perfectly acceptable opposition proposal.

Hubert Aquin wrote:

Political partisanship is a means of action, not a mode of thinking.

A year and a half later, the Conservatives are finally taking action. Bill C-50 is the Conservative proposal for dealing with the consequences of Justice Penny's ruling.

However, the minister's response goes much further. In response to a clear legal decision regarding an even clearer problem, we have a vague proposal that is like a reflection dimly seen in a mirror, as St. Paul put it.

When you take a closer look at the proposals in Bill C-50, it becomes very clear very quickly that this bill is not about empowering citizens.

This bill accepts the basic premise that Canadians abroad have the right to vote, but it does so in a backwards way. Expanding the constitutional right that is the very essence of the bill and should be showcased does not actually appear in the bill and can only be read between the lines. It is an odd masterpiece of inversion, like a photographic negative.

In his speech introducing the bill, the minister showed no signs of excitement. This bill is not about the right to vote, nor is it about righting a historical wrong, far from it. Rather, it is about tyring to combat electoral fraud.

The minister said, and I quote:

The citizen voting act has three principal objectives: the first is to help prevent non-citizens from voting in federal elections; the second is to require voters living abroad to provide proof of identity, past residence, and citizenship; the third is to create one set of rules for all Canadians voting from outside the country.

The main focus of the bill is the fear of these so-called collateral misdeeds, which are presented as going hand in hand with the privilege that the government is taking such great risk to provide to Canadians living abroad.

From the outset, the government makes it clear that there is the risk of serious abuses, which are listed and may be impossible to prevent. The government's message is that it is full of goodwill, but the electorate abroad is asking for the impossible and, accordingly, the privilege to vote will come with very strict measures.

It is as though the government were saying that it was giving us the right, but in order to exercise that right, we would have to jump backwards through rings of fire in a hoop skirt. We might go so far as to say that the government is completely disregarding Justice Penny's ruling and not really giving Canadians who live abroad for more than five years the right to vote.

The government did not welcome the decision with great enthusiasm and appealed the Frank ruling. Let us not forget that it also tried to impose a moratorium on the coming into force of the ruling. Clearly, the Conservatives were hoping the problem would go away.

Nonetheless, as I said earlier, no court in this country can justify restricting a Canadian citizen's right to vote. This is the new reality, and we must implement the necessary means to ensure that everything works as it should.

In my naivety, I thought this democratic progress would be heralded for what it says about the maturity of our country. However, I again forgot that I was living in one reality whereas the Conservatives were living in a world of Stalinist paranoia where having a passport is a betrayal.

Under the guise of harmonizing the procedure—creating one set of rules, according to the minister—the Conservatives are turning what they consider to be a reversal of legal fortune into a win. Not only are they not really giving the right to vote to Canadian citizens who live abroad for more than five years, but they are also taking it away from the other 2.8 million Canadians, with a few exceptions, such as people in diplomatic postings and members of the Canadian Armed Forces.

As my colleague from Toronto—Danforth wrote in an article published in the National Post on February 3:

In fact, Bill C-50 uses the court’s rights-expanding ruling as an excuse to actually undermine the voting rights of all Canadians abroad, regardless of how long they have resided outside of Canada. It does this by generating delays that could easily prevent voting in time for election day and that creates disincentives for voting by making it unreasonably difficult.

This is what Bill C-50 is proposing to do: Canadian citizens living abroad who want to exercise their right to vote during an election will have to prove two things. First, they will have to provide proof of citizenship, which goes without saying. Second, they will have to provide proof of address for the place where they last resided before leaving Canada.

To better understand all that, we can propose a hypothetical scenario. Suppose that in 2011, I decided not to stand as a candidate in the federal election, and I decided instead to live happily somewhere abroad. Had I done that, I would have remained the same citizen I was, with less contact with the political world than I have now, a normal citizen with concerns other than the legislative changes debated in the House of Commons. Furthermore, being abroad, I would work regularly to maintain my ties to Canada. I would make an effort to consult the Canadian media and keep abreast of what is happening.

Say I want to vote in the October 2015 election. I am sure that, if I have to go through a whole process to be able to vote, it is better to get started earlier rather than later, so I go online to see what that process involves. If I search for “voting from abroad, Canada”, the first hit takes me to a Government of Canada website. On that website, it says:

If you live abroad, you may apply to be added to the International Register of Electors and vote by special mail-in ballot in future federal elections at any time.

That is no longer true because of Bill C-50. It goes on to say:

To apply, complete an Application for registration and special ballot for Canadian citizens residing outside Canada, available online through Elections Canada, in person at any Canadian government office abroad, or by calling Elections Canada...

Send your completed application and copies of your supporting documents to Elections Canada in Ottawa. Once your completed application has been approved, your name will be added to the International Register of Electors. When a federal election, by-election or referendum is called, Elections Canada mails a special ballot voting kit to all eligible electors whose names appear in the International Register.

In order to remove inaccurate information from the register—according to the government, there are 40,000 non-Canadians on the list—voters who are living abroad are going to be asked to reconfirm their place of residence.

Canadians living abroad generally believe that they will be able to just pick a riding in which to vote, but in reality that is not how it works. Canadians who are living abroad and who have not lived in Canada for a number of years sometimes have difficulty obtaining tangible evidence that they lived at their last place of residence before moving abroad.

Seeing this measure in the bill gives me a feeling of déjà vu and reminds me of the discussions that we had about Bill C-23 last year. It is very simple. Under the guise of improving the accuracy of voter identification and combatting election fraud, the Conservatives are actually making the rules as complicated and as difficult to follow as possible. In a way, they are doing as much as they possibly can to interfere with Canadians' right to vote. As I said, it gives me a feeling of déjà vu and reminds me of Bill C-23.

I do not need to remind the House about all the bad provisions that were passed by the Conservative government in its reform of the Canada Elections Act in Bill C-23. There were so many measures aimed at simply lowering voter turnout, such as no longer allowing the voter information card or vouching as a means of identification, that we can no longer trust this government when it tells us that it is doing good things or that it wants to help Canadians; we know that the underlying philosophy of undermining Canadians' right to vote as much as possible is always there.

That is why I obviously cannot support Bill C-50. We will make a number of suggestions to amend and improve this bill. With Bill C-23, we barely had enough time to debate half of the amendments proposed by the NDP.

I hope that this time we will be allowed to carefully study this bill for real in the Standing Committee on Procedure and House Affairs and that the government will be open to improving it as much as possible.

Bill C-50—Time Allocation Motion

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Mr. Speaker, as I have just arrived in the House, I hope I do not sound too repetitive after my colleague from Toronto—Danforth.

From Bill C-23 to this bill, Bill C-50, there has been an overall theme. The overarching theme here concentrates on issues and problems that are overblown. We have used this expression before with the prior legislation, and now with this legislation as well, which is that in many cases the Conservatives are cruising for a solution to a problem that does not exist.

The Conservatives do not want people to be shopping ridings when they are living internationally, choosing any riding they wish. To a certain degree, I understand that concept. However, by doing this, it is making it very hard on individuals to go back to the prior addresses. In many cases, some of them are students and unable to do that. Not only that, but the vouching process or the attestations have to be done in that prior riding, which may be impossible. That could be many years prior.

These problems created by the Conservatives are fundamentally keeping people from their charter right to vote. It is their right. That is why my colleague was correct in saying that this did not address the judgment from the court and therefore has to be remedied.

In addition, there are the time constraints on this, time constraints within the legislation itself and time constraints regarding the enactment of the legislation. This is a strange 30-minute debate, because we are talking about time allocation as well. I will not get into that too much.

I am getting into the bona fides of the bill, because I will not have that opportunity too much longer. Therefore, we should look at that. I know the debate will continue soon.

Is there not a great concern about the timeliness of this, about the full debate, as to allow people, even if they live internationally, that fundamental right to vote, as given to them under the Charter of Rights and Freedoms?

Bill C-50--Time Allocation Motion

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Mr. Speaker, back to the substance of the bill once more, one of the issues brought up by the Chief Electoral Officer was the fact that time is not on Election Canada's side for this. That was several months ago, so we should have a thorough debate about this to realize that the time impact is going to be great. Getting over Bill C-23 was bad enough. Now we have this one.

In addition, there are several questions that need to be asked. For instance, Armed Forces personnel would not be involved, but what about the spouses or partners of these individuals? They would also have to go through this routine. As my colleague pointed out, debate is of the essence, because they would have to register each and every time internationally. Why not maintain the international list of electors?

[Rosane Doré Lefebvre, NDP, Alfred-Pellan, QC]

Other large bills have already been studied. I think it is possible to do so by getting out of our environment. We usually meet here Tuesdays and Thursdays, from 8:45 a.m. to 10:45 a.m. Actually, it's standard for most committees to hold two two-hour meetings a week.

I've noticed that many other committees have managed to find common ground to study bills relatively quickly, while ensuring that as many witnesses as possible were heard and that as many meetings as possible were held.

I've spoken about this a bit, but I think it should be noted. I've looked at details in this bill, details that I didn't have in the beginning. Last summer, the Standing Committee on Justice and Human Rights studied Bill C-36, which followed on a Supreme Court decision on the legislative framework on prostitution in Canada. The Supreme Court had asked the House of Commons to study the legality of prostitution and to examine the issue as quickly as possible.

Thirteen meetings were held on the issue, and they were all held during the summer when the House wasn't sitting. There were a number of witnesses and several hours of meetings on the matter. The parties conducted this study in good faith because it was important to resolve the issue of the legislative framework on prostitution in Canada. Although it is a sensitive topic and the discussion may have been lewd at times, it was important for all the parties to study the bill in depth.

I remember because two of my very good colleagues sat on that committee, the hon. members for Gatineau and La Pointe-de-l'Île. This study was fairly significant. When we spend the summer in our ridings, we try to do our work as parliamentarians. That is when we can do it. We determined that this study was important and that we had to return to Ottawa. I don't have the exact information, but I think the committee sat for four or five days during the week. There were a number of meetings each day. If we think of that example, we can say that it's doable to hold several meetings in a short period of time.

I'll come back to the House calendar later. It could help us organize meetings in the evenings or on weekends, or even when the House isn't sitting. The calendar for the coming months indicates that it's possible. There are several weeks where we are going to return to our ridings. As the Conservatives mentioned as well, it is our duty as parliamentarians to ensure that we protect Canadians. I think we can make this sacrifice, be it in our personal schedules or in our schedules as MPs, when we meet with constituents in our ridings. It's a sacrifice worth making to ensure the bill is studied properly.

I think other colleagues of mine on this committee would be willing to make a compromise in this case. As has already been mentioned, the purpose of the sub-amendment proposed by the parliamentary secretary is to ensure that we hold eight meetings and that the clause-by-clause study be completed no later than March 31. That being said, we will have no choice but to sit in the evenings or on recess weeks to meet that deadline. If we are going in that direction, which is an opening by my Conservative colleagues, why not do our jobs as parliamentarians and conduct a full study?

Another study, which was on Bill C-23, was done in committee. If I'm not mistaken, it was done last year. We held some 20 meetings on the bill, which was put forward by the Conservatives and dealt with democratic reform. Some meetings took place at night, others were longer than normal. Some meetings lasted over four hours and others lasted three. The meetings usually run for two hours, but in this case, we had to deal with the large number of key witnesses. I think all the members of the committee would agree that the bill on democratic reform was large.

Furthermore, I'm wondering why the government chose to do more comprehensive studies of other bills. I don't want to minimize the importance of those ones, even though it was clear that all of us—and there's no point in denying it—had relatively diverse and differing opinions on Bill C-23. Among other things, it had to do with democratic reform and the legislative framework of prostitution in Canada, a rather sensitive debate. I'm wondering why so much interest and so many meetings were dedicated to these bills, while we are clearly not striking the same balance with the study of Bill C-51.

As I've mentioned already, I want to ensure that my colleagues and the people listening at home understand that we are willing to conduct the study in a fairly short period of time. We are truly willing to make concessions to ensure that the key witnesses and experts are indeed heard. Moreover, as we mentioned, we want to hear from representatives from the Canadian Security Intelligence Service and the Royal Canadian Mounted Police, as well as witnesses from academia and individuals interested in the matter because they are affected by the bill.

Our ideas come together very well. In fact, each side of the table will probably be happy to hear testimony from numerous witnesses on a panel and to have them answer our questions.

I think we can find some common ground here, in committee, and I am glad we can sincerely discuss this. I hope to be able to convince my Conservative colleagues of the importance of conducting a comprehensive study on this matter. Many pieces of legislation will be affected by Bill C-51. If it is passed, it will have a number of consequences. I think it is extremely important that experts explain to us what the impact of this bill may be on our way of life.

And we owe it to Canadians. In fact, it has been shown a number of times that most Canadians expect their government to tackle the terrorist threat and radicalization, which I think just makes a lot of sense. It's our job and the job of any good government.

But most Canadians do not know what's in Bill C-51. We've seen a number of reactions in recent weeks, especially in the media. There are many examples, but one of them is a letter signed by former Supreme Court justices and former prime ministers, both Liberal and Conservative. One of the things they expressed concerns about was one portion of Bill C-51.

That's just one example of many. In the last few days, the Assembly of First Nations raised many concerns about the impact of this bill. I think we owe it to those groups to conduct an in-depth study, and to Canadians who don't know exactly what Bill C-51 contains.

I think that this study and the proposal of my colleague Mr. Garrison to hold 25 meetings with the possibility of doing so relatively flexibly, outside normal meeting hours, just makes a lot of sense.

I'm aware of the urgency of acting, and I know it's common practice for the government party to rush to pass bills. I think we can find some common ground so that we can study the bill relatively quickly by putting a little water in our wine. The government wants the study done quickly. So let's set up some full-day meetings if necessary. It's important, and we were elected to do this.

When I was elected in 2011, the first thing I said to myself was that I needed to represent the people who elected me as best as possible, that I was going to try to make them proud of having elected me, and that I was going to do my best as a parliamentarian. There is no denying it, this work isn't always easy, but it's our duty. I would also say that it's a privilege to be able to put forward the best legislation possible. I think we can all agree on the fact that we are very privileged to be here to study a bill. Why not do it properly?

When I was researching various studies, be they bills or studies in committee, certain things intrigued me. For example, the Standing Committee on Public Safety and National Security recently did a study called The Economics of Policing. We did that study last year. We devoted 12 meetings to it. I don't want to minimize the excellent study we were able to do together despite our differences of opinion, but we still spent a lot of time in comparison to what the Conservatives want to give the committee to study Bill C-51.

I have another obvious example that isn't from this committee. I don't always follow the debates of the Standing Committee on Transport, Infrastructure and Communities. I should more often, because I was surprised to learn that they began a study on safety last year, and it's relatively interesting. So far, they have held 31 meetings in this study, and they aren't done yet. They're still studying it. So there's a lot of latitude we could have as parliamentarians and as a committee. I think it's important not to go full steam ahead and not to prevent certain key witnesses from appearing before the Standing Committee on Public Safety and National Security in the context of this study.

Just before I move on to another topic, many witnesses have themselves asked—without being invited because we haven't yet submitted our witness lists to the clerk—to appear and to testify on Bill C-51. These witnesses are from all walks of life and are addressing different aspects of the impacts of the Conservatives' anti-terrorism bill.

I don't think anyone here can say that these witnesses and experts aren't good witnesses. It will be extremely difficult to choose. If I could ask my colleagues opposite a question, I would ask them why they don't want these people to appear before the Standing Committee on Public Safety and National Security. Who do they not want to appear for the study of Bill C-51? As I mentioned, former Supreme Court justices, former prime ministers, First Nations leaders and the Privacy Commissioner of Canada have raised concerns. These people come from all backgrounds. They want to talk about the impact of the use of the Internet and social media.

These people, including former members of the Security Intelligence Review Committee, are concerned about the impact of this bill.

The parliamentary secretary mentioned that it would be worthwhile to hear from people from academia, which I greatly appreciated. Many individuals from several Canadian universities have asked to appear to discuss the impacts that this bill could have. These people are from various backgrounds, including constitutional law—

Citizen Voting Act

[Craig Scott, NDP, Toronto—Danforth, ON]

Mr. Speaker, I would like to thank my colleague for the kind of debating that really elevates the scrutiny of bills in the House. There was a conscious effort to address a number of concerns that were heard in the first part of the debate so far. I truly appreciate the effort.

I want to ask two quick questions in clarification.

First, it is not true that it is merely an extension to the existing Bill C-23 procedures because subsection 143(2.11) is reworded to prohibit the authorization of any documents to be used for ID unless issued by a government entity in Canada or by an entity incorporated or formed in Canada.

The wording is done in a way that a number of possible things that are currently among the 39 pieces of ID may no longer easily qualify. Private leases that are not issued by corporations is one. The other is that it will be very unclear whether utilities bills, credit card bills, et cetera necessarily meet this new definition.

I am not saying this is deliberate, but the government has tried to come up with a definition of documents originating in Canada that actually, it appears, would not cover all 39 that currently exist. I know Elections Canada is very concerned about the administrative chaos that this could cause.

Second, is there any harm in extending the period when one can actually register, especially when we have fixed statutory elections?

[Michelle Rempel, Conservative, Minister of State (Western Economic Diversification)]

Mr. Speaker, it gives me great pleasure to rise in the House today to speak to this act, which addresses some important concerns that have been raised in recent court rulings, which have been discussed in debate already today. As well, it clarifies some of the procedures by which certain types of voters participate in our democratic process.

As the debate was going on today, I had the opportunity to listen to a few of my colleagues' concerns and some of the technical questions that were raised. I would like to use the bulk of my speech to try to address some of the concerns raised in the House today.

I was very pleased to hear that there was some general consensus on the need to remedy the fact that, according to Elections Canada, there are approximately 40,000 non-citizens on our voters list at present. My colleague from the Liberal Party, the member for Winnipeg North, just asked what some of the recommendations were. I believe that this particular fact was brought forward by Elections Canada. There seems to be consensus in the House on the sharing of information between Citizenship and Immigration and Elections Canada to ensure that only those who are eligible to vote, as per our country's legalities, are actually on the voters list. That is a very positive thing.

Just to clarify for the House, this act would authorize the Minister of Citizenship and Immigration to provide the Chief Electoral Officer with names, genders, birth dates, and addresses of non-citizens so that Elections Canada could cross-reference and remove them from the National Register of Electors.

One of the things that came up several times, both in questions and in speeches, was that there is no evidence of riding shopping. I want to go back a bit, because through this Parliament, we have had some fairly substantial debates in this House on how the electorate ties into local representatives. I believe that we are even going to be talking about it today with respect to the reform act. That is a very worthwhile debate. How do elected representatives function in this place? How do we do our jobs, and what is the tie between the electorate and the elected representative?

We need to ensure that this particular relationship is enshrined in our legislation and protected. The reason we have 308 members of Parliament here is to recognize the fact that there are different interests in different communities in this great, vast country of ours. The question becomes how we ensure that the integrity of that relationship is maintained. The context of this act addresses that.

Going back to that riding-shopping phenomenon, my question for the House is this: How do we know that this is not happening? Right now, there is no verification process for electors living abroad who are on the international list of electors. As well, because there is no process in place, there is no audit procedure to ensure that compliance rules are being followed. I am actually quite supportive of putting legislation in place that would require the verification of the different voting requirements contained in this bill for that reason. It would ensure that those who are abroad have a tie to their elected representative and would ensure that there is a verification process that every other Canadian citizen who is participating in the voting process has to follow.

Just to clarify, what we put forward as a government in the citizen voting act would ensure that Canadians living abroad would follow the same rules as those living in Canada. The bill would require that they prove their identity and most recent Canadian address, using the same documentation as voters who live in Canada use under the Fair Elections Act.

I was pleased to hear my colleague from Toronto—Danforth earlier today. He stated that it is relatively easy for attestations to occur under the amendments made in Bill C-23. “I believe” was the term he used. This attestation procedure would continue to exist under this particular act. Having this requirement for verification would ensure that we have the data that would ensure both compliance and a link to a particular community and an elected representative in Canada.

There was a bit of a discussion as well about ballots going to the wrong address and whether this was a real problem. We go to great lengths in this country to ensure that the balloting process at on-site elections during a writ is sacrosanct. We have to make sure that ballots are handled with the utmost care. That is the reason we have scrutineers in our election campaigns.

We should be trying to prevent problems and ensuring that a ballot, which gives people a democratic right to vote for an elected representative, is being sent to a correct address. I do not think we should be arguing over whether this is a problem. It is a problem if it goes to a wrong address. This act would rectify that.

The 60-day coming into force period was discussed earlier today as well. With respect to the criticism that there would be no time for Elections Canada to adapt to the new rules, the House needs to understand that what is being proposed in this legislation is an extension of existing procedures and not the reinvention of a wheel.

When I work with my department officials, I always like to give a shout-out to the hard-working public servants within WD Canada. We work toward a goal. We ask what the legislative requirement is. One of the most important roles of the public service is to implement and execute directions from government. We try to put together a project plan. We put resources around that to ensure we have a plan in place to execute the needs of the government direction.

There certainly is a clearly defined need to have this implemented, given that the Frank ruling that came out adds approximately 1.4 million people to our voting list. Therefore, we need to ensure there are procedures in place in short order to protect the integrity of the voting process in Canada. Given the need that has been precipitated out of this ruling, as parliamentarians, I hope we would look at ways to make this happen through committee debate, rather than saying this cannot be done without giving any specific reason.

The issue of the families of diplomats came up. The Canada Elections Act has always clearly spelled out who is exempt from the different requirements for out-of-country voting. The Canada Elections Act applies a separate set of rules for members of our armed forces. They are under different circumstances than many of those who are living abroad. They are deployed in short order. Sometimes they do not know how long they will be overseas or where they will be. We want to ensure that the men and women of our armed forces have every right to participate in the democratic process. That is why there are separate rules for them.

However, it is worth re-emphasizing that this act puts in place a set of rules for voting overseas that is consistent among voters across the country. Whether they are on vacation, or are a snowbird or have moved abroad, they would have one very similar set of rules that would be applied across the board. That is a positive thing. People on vacation have used the special balloting rules without incident for a long period of time. I think it is reasonable to say that those rules can be extended to others, especially those people who have been out of the country for a certain period of time.

There was also some debate regarding the requirement for identification from a Canadian source and whether that would disenfranchise voters. We had this argument with respect to Bill C-23, and I hope there was some consensus respecting the 39 eligible pieces of identification listed by Elections Canada. It is a robust and comprehensive list. That set of identification is also pertinent to this act, and I think in no way disenfranchises people. There are 39 forms of ID. Surely, there is something on that list that can be shown to meet the requirements in the act.

With respect to there not being enough time for people to register, to get their ballot and to vote, people already do this with the special ballot rules. If my colleagues would avail themselves, the special ballot rules are readily available on the Elections Canada website and many of the rules contained in this act are similar. Again, this has been happening with ease for a lot of people.

Out of curiosity, I went to the Canada Post website to see how long it took for a letter to reach its destination. It states that it is four to seven business days for international letters. Given the variety of ways that people can register to vote, be it online, at the embassy or by fax, there is a way for people to get that information and interact.

Therefore, I support this law. It provides great clarity, given the Frank ruling.

[Alexandrine Latendresse, NDP, Louis-Saint-Laurent, QC]

Mr. Speaker, I listened carefully to the speech by my colleague, who is also my neighbour, near Quebec City, Quebec. I would like to ask him a question.

I have been working on the issue of democratic reform for a long time. He mentioned how many changes his government has proposed to the Canada Elections Act to date. We know that the main changes were in Bill C-23, which was introduced last year and amended a number of things. With a lot of pressure from the official opposition, from our party, the Conservatives ultimately backed down on several fairly major points in Bill C-23, in particular vouching.

In the case of this bill as well, I would like to know whether he would be open to changing some elements of the bill to make it as effective as possible, in particular to improve access to the vote for Canadians living outside Canada, rather than restricting it as is being done here. Voting is being made more difficult for all Canadians, not just for those who have been outside Canada for more than five years. Could we find ways of facilitating it as much as possible, rather than making it more difficult?

[Matthew Dubé, NDP, Chambly—Borduas, QC]

Mr. Speaker, I thank my colleague for his question.

We do not want to buy into conspiracy theories, but the Conservatives' speeches seem to indicate some fear of the unknown, whether we are talking about Bill C-23 or Bill C-50, which is being debated today. They use scare tactics, claiming that people will cheat the system and that non-Canadians will try to vote in our elections. Last time we heard about people who would cheat and vote several times.

Like my colleague, I have to wonder why they are doing this. Perhaps this issue does not concern Conservative voters. I do not think that is the case, since everyone, regardless of their political beliefs, should be trying to make it easier for voters living in Canada or abroad.

As my colleague mentioned in his question, as I said in my speech and as all of my colleagues have said, while other developed countries are using these technologies or using other means to make it easier for citizens, especially with respect to deadlines to register to vote, the Conservative government seems to want to make things harder.

Then we wonder why people are so cynical and why voter turnout is so low. The Conservatives need only look in the mirror.

[Matthew Dubé, NDP, Chambly—Borduas, QC]

Mr. Speaker, members may have noticed that some of my colleagues and I are fighting a little cold. If we do not seem all there, it is not because we are not interested in this topic.

Bill C-50 obviously deals with an important issue. The government addresses the same problems and same visions of democracy that we saw in Bill C-23 on election reform—or electoral “deform”, as we nicknamed it.

There are a number of problems with this bill. Before I get into them, I want to give a brief background. This bill came about because of a ruling by the Ontario Superior Court stating that it was unconstitutional to prohibit Canadian citizens living abroad for more than five years from voting in a federal election.

This is an important issue, especially in 2015, in light of the global village phenomenon. We have increased access to other countries and opportunities—this is especially true for young people. I am thinking about young university grads who want to pursue opportunities abroad without ruling out the possibility of returning home. They remain invested in their home community even though they are abroad.

The right to vote has always been essential, because at the end of the day, it is the very essence of what it means to be a citizen. With how easy it is now to find information and follow the events leading up to an election, the right to vote is increasingly important for citizens living abroad, considering the global realities of today's world.

I would like to mention another very important point that also relates to the right to vote, which, as I said, is the very essence of citizenship. The number of Canadian citizens residing outside Canada translates into a lot of money for the public purse because those individuals pay taxes. We all know the famous slogan that served a certain American cause very well: No taxation without representation. This is another important factor that must not be overlooked, beyond the principles of citizenship. Those people pay taxes, and ultimately, they are entitled to have a say in how their tax dollars are used, that is, in the governance of their home country, where they are citizens.

There are a number of problems, but there is one that we already saw with Bill C-23. The government sees problems; some are legitimate, others do not even exist. They are scaremongers. Last time, the government talked about fraudsters, as though there were thousands of fraudsters across the country trying to steal the right to vote from other citizens. Obviously, there were some dubious findings there. The idea was that many non-citizens were trying to take advantage of the right to vote.

Earlier, I heard an hon. member allude to the fact that non-citizens were receiving ballots abroad, as though this happened frequently and there were wide-scale electoral fraud. That being said, some media reports indicated that it was hard to tell the extent to which citizens abroad were affected. If the journalists who were focusing on this issue were unable to dig up these numbers, I do not see how an hon. member can make this observation. What is more, when my colleague from Sherbrooke asked the hon. member whether there were any studies to back her comments, she was unable to provide an answer.

The point I am trying to make is that instead moving forward and finding progressive ways to improve our electoral system, the government always takes a step backward. Instead of moving forward, it takes two steps back. That must be extremely frustrating for the people who, like the NDP, want to see a higher voter turnout. That is the problem we saw with Bill C-23, which had negative consequences for seniors, aboriginal people, young people and students. We see the same problem here.

The thing that strikes me the most is the French example. In 2012, I went to France with my colleagues to observe the presidential election.

I was surprised because I did not know that France had elected representatives—senators and members of the National Assembly—who represent constituencies outside of France. They represent French citizens who live outside of France. I know one person in the area, in Gatineau, who is a French citizen. This is a well-established system because French citizens living outside of France even receive campaign material from political parties.

That says a lot about how important it is to the Republic that all French citizens be properly represented, not just French citizens residing in France. This relates to what I was talking about at the beginning of my speech: in the new global village, where more and more citizens are pursuing opportunities abroad but staying connected to and involved in their communities, the governing body should represent not just residents but all citizens, no matter where they live.

As pointed out by my colleague from Toronto—Danforth—who does an excellent job of developing our positions on democratic reform—the French system has another component: the right to vote by Internet. The Americans allow U.S. citizens living abroad to vote by email.

While other countries look for solutions that will make it easier for citizens living abroad to vote, our government seems to be stuck on making it more difficult. A fine example—and that is another problem with the bill—is the issue of people living abroad who serve the government. We think of course of members of the Canadian Forces who are deployed abroad. The government will say that they are still exempt from the five-week period proposed in Bill C-50.

Although the government is not saying as much, this is a step backwards from what was already in the act. I will explain. Previously, diplomats were also exempt because, after all, they also serve the country, Canadians and the government abroad. Now, diplomats will have to follow the same laborious process as all other Canadians living abroad. They do not get a break even though they are abroad to serve their country.

The same is true for military families. It is a good idea and it is important—and I am not being sarcastic here—to grant exemptions to members of our Canadian Forces. However, we also need to think about their families. Some of these members are undoubtedly accompanied by their 18-year-old children. Some have spouses who also have the right to vote. The government is forgetting to look at the big picture when it comes to people who are living abroad.

Today in his speech, the Minister of Foreign Affairs spoke about the team and the public servants who served him abroad. As my colleague from Sherbrooke mentioned, people like that, who are working for a minister and serving the Crown—it is important to point that out—are also not granted an exemption from this long and sometimes difficult process. As a result, they will have to use courier services, which Elections Canada has no legal obligation to use. They will have to turn to courier services that sometimes take a long time to deliver things and, in some countries, are difficult to use. There are many problems with this.

This once again shows, as Bill C-23 did, just how much difficulty the Conservatives have resolving problems, making it easier to access the electoral system and increasing voter turnout. They are once again introducing a bill that makes the process even more complex and forces Canadians to work even harder to exercise their right to vote. The right to vote should be an automatic part of citizenship. The government has the responsibility to make this process easier.

In closing, I would like to quickly mention one more thing, which I did not have time to really talk about. Once again, students are affected. When I was going to McGill, I saw how easy it was for American students to vote, even though they were living in Montreal. However, Bill C-50 contains an error that requires any lease used by a student as proof of residence to be for an official university residence.

Students who are going to school abroad and living off-campus as an individual and not in accommodation such as a university residence cannot use their lease as valid proof of identity.

It is because of these types of problems that we are forced to oppose yet another botched bill on an issue as fundamental as our democracy.

[Craig Scott, NDP, Toronto—Danforth, ON]

Mr. Speaker, right now, citizens of France living overseas can vote electronically, and Americans living abroad can vote by email.

Bill C-23, the unfair elections act, contains a provision that stipulates that the Chief Electoral Officer of Canada must conduct a pilot project or test on electronic voting but that he must obtain the consent of the entire House of Commons and the Senate—not just one committee, but the entire Senate.

Does my colleague think that this is a coincidence?

[Paul Calandra, Conservative, Parliamentary Secretary to the Prime Minister and for Intergovernmental Affairs]

Mr. Speaker, I will be splitting my time with the member for Renfrew—Nipissing—Pembroke.

I am very pleased to rise in the House today to speak to the citizen voting act, which was introduced by my colleague, the Minister of State for Democratic Reform.

Our government has a strong record of democratic reform. We ended the per-vote subsidy. We made the House of Commons more representative with the Fair Representation Act. Most recently, we closed loopholes for big money, ensured that everyday citizens are in charge of democracy, and made it harder to break election laws with the Fair Elections Act. All of these initiatives have strengthened Canada's democracy and reinforced confidence in our electoral system.

Today I am very pleased to discuss our government's latest democratic reform initiative, the citizen voting act. The bill would ensure that everyone who votes is a Canadian citizen, and it would require voters living abroad to follow the ID rules set out in the Fair Elections Act.

Specifically, the citizen voting act would ensure that only Canadians vote in federal elections by requiring proof of citizenship from everyone voting in federal elections while abroad. This would not apply to Canadian Forces members.

Second, the bill would allow the Chief Electoral Officer to cross-reference the National Register of Electors with Citizenship and Immigration data to remove non-citizens from the voters list.

Third, the bill would put an end to the possibility of riding shopping by ensuring that non-residents receive a ballot only for the Canadian address at which they last resided.

Fourth, the bill would apply the same voter identification rules to all Canadians. Under the Fair Elections Act, Canadians living inside the country must prove who they are and where they live. Canadians support this requirement, and that is why the citizen voting act would expand it further to residents living abroad.

Finally, the bill would create one set of rules for voting from outside the country. Anyone voting while abroad, whether temporarily, on vacation, or permanently, will need to apply for a ballot in the same way and follow the same rules.

Given the limited time that I have today to discuss the citizen voting act, I am going to focus on a couple of items. First, I will focus on riding shopping.

Currently the Canada Elections Act permits non-resident voters to choose the riding that they vote in. They can select from one of four options. First, they can choose their last place of ordinary residence. Second, they can choose the address of a spouse, a relative, or a relative of a spouse. Third, they can choose the address of a dependent. Fourth, they can choose the address of someone with whom they would live if not residing outside of Canada.

Voters living in Canada do not have such flexibility. They must vote where they live at the time of an election. They cannot choose the riding in which they want their vote to be counted, and justly so.

Geographic representation is an essential characteristic of our electoral process. Canadians in each electoral district elect the candidate who they feel will best represent their interests and those of the community. Particularly in this vast country of ours, territorial-based representation ensures that diverse communities are represented in the House of Commons.

I am sure members may think that when an expatriate voter chooses his or her riding, proof of past residence is required. However, they would be wrong: Canadians living abroad are not required to provide proof to Elections Canada of their last Canadian residence. By stipulating that a non-resident voter's last place of residence in Canada would be their residence for voting purposes, the citizen voting act would end the unfair option of riding shopping and standardize the rules for resident and non-resident voters. This would ensure that each voter has a direct and meaningful connection to the riding in which he or she is voting.

I would now like to turn to the issue of voter identification.

The citizen voting act would ensure that Canadians living abroad would follow the same rules as those living in Canada. The bill would build on the Fair Elections Act by requiring Canadians voting by mail—both residents and non-residents—to include proof of identity and residence in their application for a special ballot. This requirement is similar to the rules set out in the Fair Elections Act.

The Fair Elections Act, adopted last June, contained important measures to reinforce the integrity of the vote by strengthening ID rules. According to Ipsos Reid, in April 2014, when debate about the Fair Elections Act was at its height, 87% of those polled agreed that it is reasonable to require someone to provide proof of identity and address before being allowed to vote. The citizen voting act would make this requirement consistent for all Canadians, both resident and non-resident.

The same three ID options for voting at the polls would apply to those applying to vote by mail: either a government-issued photo identification with the name or address; or two pieces of identification authorized by the Chief Electoral Officer, one with address and both with name; or two pieces of authorized identification with name and an oath or declaration of residence that is attested to by another properly identified elector.

In the case of non-residents, the attestation process would enable them to provide proof of their last residence in Canada by an oath or declaration. The person providing an attestation would be a fully proven resident or non-resident qualified to vote in the same electoral district as the person applying for the special ballot.

To account for the potential difficulty that non-residents might face in obtaining an attestation as to their former residence in Canada, the citizen voting act would allow the attestor for the previous residence of a non-resident to be qualified to vote in the same electoral district not to be of the same polling division. This is a slight variation to the attestation process for Canadians voting at the poll that was introduced by the Fair Elections Act.

A non-resident Canadian applying for a special ballot must also provide, in addition to his or her own identification proving his or her identity, copies of identification providing the identity and residence of the person providing the attestation.

Standardizing the voter identification requirements for resident and non-resident Canadians removes preferential treatment for one group of voters over another and obviously just makes sense.

Our government recognizes the unique circumstances of members of the Canadian Forces. A completely separate set of rules found in division 2 of part 11 of the Canada Elections Act governs their voting procedures. Canadian Forces members serving abroad can vote at the location they are stationed, and the citizen voting act would not affect those rules.

In conclusion, our government remains committed to ensuring that our electoral system meets the needs of voters, both in Canada and abroad. The amendments being made by the citizen voting act are necessary to ensure the fairness of the electoral process and to ensure that one set of rules applies to all Canadians.

To summarize, the bill would strengthen Canada's election laws by, first, ensuring only Canadian citizens vote in federal elections; second, putting an end to the possibility of riding shopping; third, applying the same identification rules to all Canadians; and fourth, creating one set of rules for voting from outside the country.

These important advancements will bring greater accountability, integrity, and accessibility to Canada's fundamental democratic process. These are common sense legislative changes, so I would encourage all members to support the citizen voting act.

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Mr. Speaker, I thank my colleague for the clarification and also for talking about the flexibility within the system.

There seems to be an exercise where that flexibility is being cut at every corner, so it therefore becomes an exercise of blaming them for voter suppression. Suppressed votes will be a result of what the government feels are administrative fixes.

What is the government's responsibility? A government is responsible for allowing a person to vote if that individual is 18 years or over and a Canadian citizen. There are special circumstances for people who live outside of Canada. Therefore in this situation, if they have an attachment to where they came from last, their home, then obviously they should be allowed to vote there. I would not want to give people the right to go all over the country and choose whatever riding they want. Nobody does. In its press release, Elections Canada did not describe that as a problem. I am at a loss to find out how people can gang up, go into a particular riding, and overturn the results based on people living outside the country who get to choose whatever riding they want. That is not their intent either. The flexibility allows these people to exercise their right under section 3.

The second part is the lack of time Elections Canada would have to adjust itself to the new realities in light of the fact that it also has to deal with the realities of what was Bill C-23. It is impossible now for Elections Canada to do this. If the government wants to fix administratively what is happening with Elections Canada and give it some help, then it needs to give Elections Canada some time.

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Mr. Speaker, I will be sharing my time with the member for Ottawa—Vanier.

To the consternation of my colleagues, I was not attempting a bait and switch there. I apologize, but I am sure that members have the deepest respect for the member for Ottawa—Vanier, as I and his constituents do.

I want to start by saying many of the points have been brought out already, and by way of background I want to say that I am a firm believer in the Canadian Charter of Rights and Freedoms, where in section 3 it says everyone has a right to vote, providing they are a Canadian citizen and 18 years of age or over. The bill raises a lot of questions as to stifling that ability, and that is why I have questions. As another colleague pointed out, obviously with the majority in the House, this bill will end up going to committee, assuming that all members of the governing party vote in favour of this, and when it goes to committee, serious amendments should be sought. I mean serious.

There is one instance where it is positive. The rest, however, raises many questions, and as my colleague pointed out, may result in some chaos, certainly in the administration of our elections, regarding electors outside of the country temporarily or permanently.

I want to talk about some of the things in Bill C-50. I will get to the Frank decision in just a few moments, but first of all, I want to talk about eliminating the register of electors who temporarily reside outside of Canada and incorporating the information found in it into the register of electors. Basically there is a harmonization process that is going on with the process of special balloting.

When we hear Conservatives and the minister, in particular, talk about the same set of rules for both, a lot is being missed, in the sense that the circumstances are different either way. Remember that what is tantamount or most important is not the administration of this and the efficiency of the administration of this. What is most important is that nobody's rights are violated by denying them the right to vote, which is what people talked about with Bill C-23 and now Bill C-50 regarding the suppression of vote. That is the absence of any accusations of that being the intent.

Nevertheless, there is a level of suppression that is a continuation of what we had last, from vouching now to this, not to mention what the voter information card dismissal brought about in the last round of legislation.

The bill would require Canadian electors who reside abroad to apply for registration and a special ballot after the writs are issued at each federal election, stipulating that electors may only receive a special ballot for the address at which they last resided in Canada.

There are a couple of things here. What made it easier in the past was that people could register to vote living outside the country. Now they could only do it when the writ is dropped, and as pointed out before, the time period is of the essence here. The time period would become so narrow. Again these are special circumstances where voters live outside of the country, so we are making it particularly hard for them to do that, in light of the fact that they do have the right to vote.

The bill would require an external auditor to report on election workers, compliance with special ballot voting, procedure, and requirements for every election, and add the offences of attempting to vote by special ballot while knowing that one is not qualified to vote. It refers to electors temporarily residing outside of Canada, electors residing in Canada improperly attesting to the residence of more than one elector, and attesting to the residence of an elector when one's own residence has been attested to.

What we look at here is that we know the government wants to cut down on election fraud. We have heard all this before. It does not want to send a ballot to an address outside of Canada that could be picked up by a non-Canadian citizen. At the same time, we are reverting to a previous argument. The theme is a solution that is looking for a problem. Once again we find it within Bill C-50.

One thing that was brought about in the bill—and I will get to this right now because we agree with it—is authorizing the Minister of Citizenship and Immigration to provide the Chief Electoral Officer with information to help the CEO to delete the names of non-citizens from the register of electors.

We grant that it is a process that should be done and should be looked at. Virtually everyone in the House would agree that this is the type of measure that should be taken for the sharing of information to make sure we can exercise our right to vote.

The history behind people outside of the country being allowed to vote goes back to the First World War. The soldiers who fought valiantly for us while overseas were given the right to vote. That is a natural extension of being a Canadian and living in the country that we do, which is so great and wonderful. That extension still applies. There are extensions for people who work for the Government of Canada, whether they work for the military or several embassies around the world, to be able to vote as they would if they were residing in this country.

The question I have, and it has yet to be answered, is with respect to the families, particularly spouses or partners, who are eligible to vote but face different rules than do the people who are employed by the Government of Canada. That is problematic because they have to go through the process of re-registering every five years and the others do not. Therefore, there are different rules applying to two different people who are living in the same residence in another country for the same reason. I hope that some of the amendments would address this issue as we get closer to looking at it in committee.

In 1993, the rules were changed further to allow more people the right to vote. However, we again had the five-year rule that if they had been outside of the country for more than five years they were not eligible to vote, which is their right, despite the fact they are above the age of 18 and Canadian citizens. The Frank decision recently decided that was not good because it denies those Canadian citizens above the age of 18 who happen to reside outside of Canada, whether long or short term, the ability to exercise their right to vote under the Constitution.

In looking at the Frank et al decision, I see that section 3 of the charter states:

Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.

The Frank decision posed this to the government to take action. However, there is some confusion in Bill C-50 as to whether that was done. I am not a constitutional expert, but in reading it I have yet to square it as to where the vote of these people who are more than five years outside the country has been protected, because it is not protected at all. I think an administrative nightmare has been created for many of them to do that. In the past they could register once they were outside the country. They cannot do that anymore. They have to wait for the writ to be dropped. That puts them in a tricky situation as far as timelines are concerned. I understand there are some online mechanisms that the minister has pointed to that would remedy this, but by the same token there is still that process.

The verification of signatures for those people outside of the country appears to be absent from this, or I have yet to see it. I hope the minister can clarify the situation. That qualification is no longer there. It would have made it easier to identify and verify those people based on two signatures, one on the ballot and one on the application form, and that would have gone a long way toward helping Elections Canada. That is something we have to look at.

I would also like to talk about vote shopping. The government has stated on several occasions that vote shopping is a problem. For those Canadians who are not aware of what vote shopping is, in its base form, those people can choose the riding in which they want to vote. However, Elections Canada has never stated that it was a big problem or that there was too much abuse and the law had to be changed. I again go back to the theme that it was a solution looking for a problem. Unfortunately, it would impede their ability to vote; it would impede their right under section 3 of the charter. Therefore, in looking at this, we see the government wants to cut down on an abuse that we are not sure existed to any extent, by making it problematic for those who want to legitimately vote in the riding they left when leaving Canada. That raises many questions.

My final point is with respect to this coming into force in only 60 days. I cannot see how Elections Canada can administer all of these rules in that 60-day period.

[Scott Simms, Liberal, Bonavista—Gander—Grand Falls—Windsor, NL]

Mr. Speaker, we have been through this on a few occasions now, where we have talked about changes to the Canada Elections Act, and here we go once more.

I agree with 99% of his speech. However, one of the issues that I would like to address with him is the issue of coming into force. It states that it would come into force 60 days after royal assent. On top of Elections Canada getting used to the changes made in the former bill, Bill C-23, this will be a particularly hard thing to do, especially when we are dealing with outside entities, and especially with issue he brought up of the Canadian entity.

How do we get the poll clerks trained to the point where they are able to recognize that? It could result in the mass confusion he talked about. I am not sure if he addressed that issue, but could he address the coming into effect of this particular piece of this legislation?

[Craig Scott, NDP, Toronto—Danforth, ON]

Mr. Speaker, I thank the minister for his presentation. Along with my colleague from Bonavista—Gander—Grand Falls—Windsor, I acknowledge that this may not be the best day for the minister in terms of his health. Accordingly, in the spirit of what we heard from the Minister of Foreign Affairs, I may be a little more gentle than I was intending to be.

Some here might have had a chance to read the piece that came out today in the National Post, where I make it very clear that I do believe—this sounds like how I started the debate on Bill C-23, what we call “the unfair elections act”—that the effect, at minimum, of these changes in Bill C-50 would voter suppression of citizens living abroad, and something that I am not sure the minister is fully aware of, namely, that it could create chaos with voting in Canada, because of the changes to a section that would prohibit the Chief Electoral Officer from authorizing any use of ID that basically does not have its origin Canada. I will explain why that could cause those problems.

I will stick with this phraseology that “in the result”, this is the problem, although seeing what has been knowingly put in the bill, I honestly think that the minister has to realize what these impacts would be. I hope that with some of the presentations during this debate and some of the criticisms he is already beginning to receive, he will be open to some serious amendments, including a couple that, to follow his own line, would be quite simple and could actually get rid of some of the serious blocking effects that I see. It is also important to note, although the minister did not really make hay of this in his own speech today, that in the presentation back in December when the bill was tabled, there very much was an effort to spin this bill in a way that created two false impressions. This is important to know.

One is that the press release in the backgrounder made it seem like the government was implementing the Frank judgement, which basically said that citizens away for more than five years now have the right to vote from abroad. It was very unclear from the presentation whether or not the Frank judgment was being accepted. It is important that everyone knows that Bill C-50 would not remove any provision in the Canada Elections Act that was struck down by the Ontario Superior Court of Justice in the Frank decision. It is still sitting in the statute. The reason for this is that the government has clearly decided it is going to continue to fight to prevent citizens who have been away for more than five years from voting. It is appealing the decision, and it even sought a stay of the trial judgment to try to prevent it from going into effect. The Court of Appeal for Ontario denied that stay.

The fact of the matter is that the government is still actively seeking to keep as disenfranchised Canadians who have been living abroad for more than five years. Yet the presentation of the bill made it look like this was somehow an effort to bring things into line. If this were really bringing things in line with the Frank judgment, all the government would have to do would be to adopt the suggestion by the member for Halifax in her Bill C-575 and simply repeal the same sections the judge found to be unconstitutional in the case. Instead, the Frank decision is being used as a supposed reason for a wholesale change of issues that never arose in the Frank case. It is important to ensure that the Frank judgment does not carry the government along in any sense where people think the government is actually respecting that judgment. It is still appealing it.

Second, the press release directly claims that all Bill C-50 would do is to apply the same voter identification rules enacted by the so-called Fair Elections Act, Bill C-23, and extend those rules to Canadians voting from abroad. There is some truth in that. There are some analogues that get brought forward. For instance, the vouching for an address gets brought forward. However, Bill C-50 inserts a new prohibition on the kinds of documents the Chief Electoral Officer could designate as identity documents. It would apply to documents used by all.

The new subsection 143(2.11) would apply to all electors and would basically create additional limitations on what the Chief Electoral Officer would be free to authorize by way of identity documents.

Because of the wording in that provision, this would have impacts in Canada. It would also make it extraordinarily difficult for some Canadians abroad to produce the right kinds of ID that now they have to produce. They would not be able because of this change. This is new. This was not in Bill C-23.

I just want to set the scene by making clear that this is the case.

It is also important to note, to set the scene, although the minister has downplayed it in his presentation today, and I acknowledge that. There was a sign it was not going to go this way. There is virtually no reality to the idea that there is a fraud problem from voters from abroad. The judge in the Superior Court, Mr. Justice Penny, basically said that those kinds of claims were so unreal as to not even constitute a pressing and substantial reason under section 1 of the charter to limit the right to vote.

“Riding shopping” is not something that Elections Canada has ever seen as being a problem. All that happens at the moment is that multiple points of contact are available to increase the chances, the ease with which somebody from abroad can vote. The idea that there is something illicit going on when people choose to vote where their parents live versus choosing to vote where they last lived seems to me to be a spin that is designed to make this look palatable or necessary when there is actually no problem. There is no such thing as “riding shopping”, except perhaps in the minister's imagination.

It is important to clarify that when the minister talks about 40,000 non-citizens being on the register, this was brought to his attention—and I am glad that two years later he is acting upon it—by the Chief Electoral Officer. The new mechanism that would allow the Minister of Citizenship and Immigration to allow Elections Canada access to the non-citizen database that CIC has would be great. However, it is important to note that we are talking about a fear, by error, that approximately that number of people are on the national register, not on what is, until this point in time, the international register. To get on the international register, one has to actually show one's citizenship.

It is a separate issue that would be dealt with in the bill, but it should not be confused with anything to do with a concern that non-citizens are voting from abroad. I fear that, unintentionally, the minister's emphasis on that could allow people to think this is what is going on. No, the issue is cleaning up the national register for people who are in Canada. That is fine. That one particular piece is a good thing in the bill.

I do feel duty-bound to note that Elections Canada was not consulted on this, except for the discussion a couple of years ago on the issue of trying to ensure non-citizens were removed from the national register where they appeared in error. That will probably prove to be a problem at the time of committee because we will probably hear some very detailed testimony from Elections Canada about many problems the bill would create.

As long as the minister is open, seriously open, to changing them, because these have not been foreseen because there has been no consultation, we might well end up with a productive committee process. If the minister thinks it has all been thought through and that whatever he hears from Elections Canada will not change his mind, then we will have a serious problem. What we will have, in effect, is the minister confirming that the intention here is to make it much more difficult to vote from abroad and that it is not just the unfortunate result of how the act was written.

Let me go to this issue that is the sleeper issue. It is the question of subsection 143(2.11). It is a new provision that would basically create a new prohibition on the Chief Electoral Officer. It says:

—the Chief Electoral Officer is not permitted to authorize...a type of identification that has been issued by an entity other than...a Canadian government, whether federal, provincial or local, or an agency of that government; and...an entity that is incorporated or formed by or under an Act of Parliament or of the legislature of a province or that is otherwise formed in Canada.

It is fairly complex wording.

The bottom line, as the minister made clear, is to ensure that ID only originates in Canada, essentially. That seems to be the general idea. The problem, however, is that it has been done in a way that might actually end up creating some serious administrative, and even more serious problems, in Canada.

This new prohibition, which is intended to deal with voters from abroad so they have to somehow produce Canadian-originated ID, is going to have an impact on everybody who shows up on election day in Canada.

What is the reason for that concern? First, “formed in Canada” is not a legally known concept and is not defined in the bill. The question of what an “entity formed in Canada” means is going to produce some serious problems in Elections Canada trying to scope it out, and then having that interpreted on election day by pressed election officials. We really need to ensure that this will be clear. Obviously the intention is probably that organizations like the CNIB are covered, and it is not just documents issued by corporations, for example, utilities bills, et cetera. However, the language is used in a way that is very unclear.

Here is an issue. Now a voter can use a Visa, Amex or MasteCard bill as one piece of ID to show an address. However, people could show up with it, and the deputy returning officer or the chief poll officer could look at it and ask if Visa is a company incorporated or formed in Canada, is there a Visa Canada and who has issued the document. The chance of that kind of minute questioning will be a problem, even if it seems farfetched. It will create serious workability problems. I know for a fact that Elections Canada is concerned about this extra burden and the mistakes that could be made.

The second thing is that it is not at all clear to me that private leases will be caught by this wording, as I asked in my question to the minister. The language is all about corporations, entities or government agencies. There is no scope there for a document that has effectively been issued by an individual, which is what private rental leases are. They are often a form of identification to prove address that students in university tend to use.

The bottom line is that this will create workability issues that I do not think the minister intended to create, but that we will hear about in committee from Elections Canada. The unworkability issue is major.

I am also concerned that some party scrutineers who now would be allowed to ask to inspect identification documents as a result of Bill C-23 would see these new rules as an opportunity to ask, more often than they should, for proof that this new provision has been met by whatever document has been presented by somebody showing up.

If somebody shows up with a Visa bill, somebody might ask the deputy returning officer if that is a document issued by an entity formed in Canada. Maybe it is a document issued by an entity doing business in Canada. We can imagine the opportunity for mischief that could occur.

I am being a bit like the minister in that I am looking down the line at what kind of abuse is possible. The minister looks in one place and I look in another. We have to talk about that.

In my remaining minutes, I want to talk about what everybody knows is a big concern. The big concern here is that the new requirements for citizens voting from abroad can be extremely onerous. They can produce delays that can result in ballots not arriving in time to be counted.

The primary problem is the requirement that voters have to register for each election, apply to receive their ballot or register, the same kind of thing collapsed into one, only once the writ has been dropped. People have to be aware that it has happened. They have to register quickly enough in order to ensure that all the mail can occur. As the minister has said, sending in their application, even if that is virtually, and receiving the special ballot and mailing it in and doing that from Dar es Salaam, New Delhi or Sydney, requires time.

There are all kinds of reasons to think that the way the mail service works or the way citizens abroad may be not be immediately on top of when a writ has been dropped could result in timelines that could be almost impossible to make. Currently, people can register in the international register at any time. However, I believe we will hear testimony from Elections Canada saying that currently when people wait to register until the election has been called, there is an increased incidence of the ballot not arriving in time.

A system has been created in this new bill whereby that problematic situation that we already know exists, for some who wait too long to register, get their ballots and mail them in, is now scripted as the only way. Therefore, the delay issue is huge.

We should also not underestimate the problem of ID. The longer people have been away, the chances that they have retained Canadian-issued IDs, apart from their passports, may go down dramatically. In some jurisdictions when people get local drivers' licences, they actually have to hand in their old drivers' licences. People who are hoarders, and have kept every ID they have ever had, may have no problem. However, with no notice, many of the two million Canadians already abroad may already have sort of jettisoned or lost the IDs that they now have to use.

They cannot rely on the Chief Electoral Officer to issue a list of acceptable foreign IDs that go along with proving people's addresses. Let us say people still have to prove their last known addresses in the way the bills wants, but they can use their passports and some foreign piece of ID as corroborating ID. The Chief Electoral Officer is not permitted to allow that, even though a foreign driver's licence is at least as good in proving who one is as a Canadian licence. It has nothing to do with the address, but it does with identity. Therefore, there are serious problems with actually producing two pieces of ID for some abroad that we have to take into account.

Let me now talk about vouching. The bill would get rid of the possibility that people could vote where they would have a strong connection to relatives and would focus only on people's last known addresses. The problem is they have to prove it affirmatively. If people do not have pieces of documentation saved, such as a driver's licence, which in New York state they have given up to the Americans, then they basically will have to rely on this new vouching provision.

The new vouching provision says that people have to provide proof of their last place of residence, so they would have to contact their neighbours and ask them if they remembered them when they were neighbours seven years ago. They would have to ask them to do this attestation. They would need a statutory declaration, see their IDs to prove they are voters, have them fill out a form, get the form back to them and then include it in their package in applying to vote. We can obviously see that the one big problem is the delay this will create. The need to have someone vouch for them within a 35-day election campaign period will already make it virtually impossible to meet that deadline.

The other issue is that all the same rules in Bill C-23 apply. A person cannot vouch for more than one individual. If a family of four living abroad can only find one neighbour who still lives where the family used to live and the neighbour lives alone, that neighbour can only vouch for one of them. The other three are out of luck.

Therefore, it is very clear that the issue of how the vouching system would work will not be as relatively easy as it is in Canada when somebody on election days goes with the person to vouch for him or her. The idea of saying that the rules are the same for those voting in Canada and those voting abroad is a very formalistic understanding of equality, because when the same rules are applied to very different circumstances, there is a serious disadvantage in complying with the rules. The committee will find example after example like this and the minister will really have to get his mind around them.

Let me give another example. Students going abroad to get their masters degrees or Ph.D.s quite often are heading off from a previous university. Now, sitting in London, Paris, or New York, they will have to prove that their last residences were in university towns and pretty much the only people who know that was the case are former students, who themselves have moved on. How will a proper vouching system be created for that particular case? It may sound like an imaginary issue, but it is not. When we think about students moving around internationally, they usually move from a university town or an address that they lived at to obtain their education.

What I would say is that in its result, Bill C-50 is a clear exercise in suppressing the votes of citizens abroad in a way that is diametrically opposite to the spirit of the Frank judgement, which the minister started out by invoking as the reason for these changes.

In sympathy for the minister and his illness today, as he seems to have the flu, I will not hit too hard any more, but I very much hope that he is not doing this intentionally in the bill. I also hope that, for once, we will be able to make serious changes at committee based on the evidence that there are problems with this bill.