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.

Fair Elections Act

[Scott Reid, Conservative, Lanark—Frontenac—Lennox and Addington, ON]

Mr. Speaker, I want to return the attention of the House to some of the valuable aspects of this proposed piece of legislation, which would go a long way toward improving the quality of elections in this country.

Listening to some of the histrionics in what has been said earlier, one would think that Canada is a third world country in which elections are wildly abused. My hon. colleague for Guelph suggested that in 200 separate ridings there were investigations relating to people being misdirected to the wrong polling stations. If this were the tip of some giant iceberg, he would be right; we would be unfit to be considered a part of the family of developed and democratic nations. However, on its face, that is a ridiculous assertion.

One of the ridings the member was referring to was my riding, in which an allegation was made by at least one person phoning the Chief Electoral Officer, which is what actually accounts for the 200 different ridings. I do not know if the member is suggesting that my riding, where I defeated the Liberal candidate by more than a three-to-one margin and the NDP candidate by more than a two-to-one margin, was one in which our party was attempting to misdirect voters because we were afraid we would otherwise lose the seat. If that is what he wants to assert, then he should come out and assert that, as opposed to using this sort of ridiculous innuendo and suggestion, when a clear counterfactual is the case.

Let me deal with three real benefits to the new legislation.

The first is a mandate to Elections Canada as to how it would direct its advertising revenue during and prior to writ periods. This is to be found in proposed section 18 of the legislation. I will read this legislation and then comment on it. Proposed section 18 would now read:

(1) The Chief Electoral Officer may provide the public, both inside and outside Canada, with information on the following topics only:

(a) how to become a candidate;

(b) how an elector may have their name added to a list of electors and may have corrections made to information respecting the electors on the list;

(c) how an elector may vote under section 127 and the times, dates and locations of voting;

(d) how an elector may establish their identity and residence in order to vote, including the pieces of identification they may use to that end; and

(e) the measures for assisting electors with a disability to access a polling station or advance polling station to mark a ballot.

Proposed subsection (2) of that section says:

The Chief Electoral Officer shall ensure that any information provided [above] is accessible to electors with disabilities.

The Chief Electoral Officer has spent a great deal of money on advertising, but very little on these practical issues. This is despite the fact that many Canadians turn up at the polls, in some cases, as in a rural area, having driven a great distance, and discovering they do not have the necessary identification and are therefore unable to vote. Or, they find themselves in a situation in which they cannot vote at an advance polling station because they were not on the voter's list. This is a real problem.

I asked the Chief Electoral Officer in a meeting of the procedure and House affairs committee how big a problem there is with the voter's list. He hummed and hawed and did not want to answer the question. The answer is that there is a 20% rate of errors; one Canadian in five is not on the list or is on the list in the wrong way. That is a problem.

This legislation is designed to help people correct these problems for themselves. They can get on the list. They can find out how to vote. They can find out the methods available to them with whatever disability they may have, be it a mobility impairment, a visual disability, etcetera.

The CEO has to put in an effort to find out how to get those pieces of information to those communities, which is a challenge. I might add that this challenge has attracted no interest from the CEO until now, but now he will have to do that. That is a good thing.

Secondly, I want to talk a bit about voter identification and the issue of fraud. We have put in a lot of effort in this Parliament, and the previous one, into designing legislation in order to reduce electoral fraud. One of the key reasons this electoral fraud can exist is because Elections Canada has had to loosen the criteria for allowing people to vote and to identify themselves, given that Elections Canada has done such an unsatisfactory job in determining who is actually permitted to vote.

Mr. Speaker, I have just been passed a note. I am supposed to remind you that I am splitting my time with the member for Ancaster—Dundas—Flamborough—Westdale and not, despite his helpful suggestion, the member for Malpeque. He no doubt will have fascinating things to say when his time comes.

The situation with voter identification is a mess in Canada. We recently had a case adjudicated between the current member of Parliament for Etobicoke Centre and the former member. They were disputing whether people had voted validly in the election. In the end, the Supreme Court of Canada decided in favour of the present Conservative member and against the former Liberal member in that case. What was striking was that the issues revolved entirely around problems associated with voter identification, with the fact that people were not on the list properly. It all could have been resolved with better rules. Bill C-23 attempts to provide some of those rules.

One of the things that the bill would do is to specify that the voter identification card sent to a voter by the Chief Electoral Officer may not be used as a piece of identification for the purpose of voting. That is stated in proposed subsection 143(2.1):

The Chief Electoral Officer may authorize types of identification for the purposes of [voting]. For greater certainty, any document—other than a notice of confirmation of registration...may be authorized.

Why is this important? Let me give an example. My name is Scott Jeffrey Reid. In the 2004 election, I received three voter ID cards at my address. One was addressed to Scott Reid, one to Jeffrey Reid, and one to Scott Jeffrey Reid. Of course, all three voters are me. I can legally vote at the returning office at almost any point during the writ period. I can vote at the advance poll. I can vote on election day, in my case at a school near my house. I could have gone to all three of those places and voted, and there would be no record. They would take the voter ID card, but there would be no record that I had voted in multiple places.

I raised this matter with the former chief electoral officer, Jean-Pierre Kingsley, when he appeared before the procedure and House affairs committee. I said that this was not a very effective kind of identification. He responded that given the fact that I could go to these multiple places and engage in fraudulent voting anyway, what did it matter? I think that is not a very satisfactory response. Attempting to bring the issue of identification under control is very important. The elimination of vouching is a very important aspect of that.

I want to bring attention to, arguably, one of the most important aspects of the bill, which is the rule that from now on when the Chief Electoral Officer makes a ruling as to how the law is to be interpreted—and in some areas the law is ambiguous and will be found to be ambiguous in the future—he must apply the same rules to everyone. When we listen to the other side talking about the in-and-out scandal, they mean that a practice that was legal at the time was found afterwards by the Chief Electoral Officer, retrospectively, to be illegal in the preceding election. However, it was not found to be illegal in the election preceding that one, in which the other parties, not the Conservatives, had engaged in the practice. If we engage in that kind of retrospective ruling, we create a very unfair, unlevel playing field. That can no longer happen. No longer can retrospective rulings be imposed, and no longer can a ruling be imposed that does not apply universally.

A compliance agreement under the law is where a party violates the law. The New Democrats did this when they allowed sponsored advertising at their national convention, thereby allowing union contributions. It must be made public. They cannot keep it secret. When it is kept secret there cannot be precedents developed. There is no guarantee that the law will be enforced equally. That is a huge step forward. It is astonishing that Elections Canada did not undertake this on its own without encouragement from outside. However, having failed to do so, it will not be required to do so, and that is a very good thing.

[Mathieu Ravignat, NDP, Pontiac, QC]

Mr. Speaker, I cannot think of anything more fundamental that we can do as parliamentarians than when we begin to change electoral laws. It is fundamental to our democracy.

One of the reasons I sought to be elected was that our democracy is fragile, and its legitimacy is also fragile. There is a lot of cynicism about the democratic process, and we need to address that. One of the ways we can address that is through electoral reform, ensuring that more Canadians can participate and that they want to participate.

I am personally concerned about those who have difficulties registering as voters. I have two first nations in my riding, and levels of poverty, and those individuals may have difficulties registering in their current state.

I wonder whether the government has addressed this problem and what its strategy is to ensure that all Canadians, particularly my constituents, can vote.

[Scott Reid, Conservative, Lanark—Frontenac—Lennox and Addington, ON]

Mr. Speaker, if I may say, I did not agree with the first part of the question. I do not believe that the legitimacy of democracy in Canada is fragile, or indeed that our democracy itself is fragile. We are, with the exception of the United Kingdom, the United States, and Switzerland, the longest functioning democracy in the world, so I would disagree with the hon. member's question. If by that he meant it could be perfected and that there is much work we could do, then I think he is right.

I think what he really meant is contained in his reference to electoral reform. There are strong arguments to be made that certain kinds of reforms, such as the method by which we are elected, might improve things. My own preference would be for the alternative ballot, which is what is used in Australia.

However, I think that point is well taken. With regard to voter registration, the member is mixing his terms. In the United States, there is voter registration. An individual has to actually register as a voter in order to vote. They have to go through the process of registration. There was a restriction on registration for African-Americans, for decades, but particularly when it came to a head in the 1960s. It was a severe civil rights problem.

Let me be clear. He is talking about enumeration problems. The way to solve enumeration, in my opinion, especially when there are rapidly mobile populations or multiple people coming of age, is to have more on the ground enumeration that is administered by Elections Canada.

[Wayne Easter, Liberal, Malpeque, PE]

Mr. Speaker, I listened closely to what the member for Lanark—Frontenac—Lennox and Addington had to say. He said at the beginning of his remarks that there are valuable assets in this legislation. No one is denying that.

The problem is that in the broad approach to the legislation, the ability of the Chief Electoral Officer, as we would say in farm terms, is having his or her legs cut out from under them. Their ability to do their job on overall elections concerns is being taken away from them. The good things in the bill are being nullified by the damage that is being done to the Chief Electoral Officer.

If the Commissioner of Elections Canada is no longer appointed by the Chief Electoral Officer, who is appointed and accountable to Parliament, and instead would be a government appointee through the Director of Public Prosecutions, then that kills the whole ability for the Chief Electoral Officer to do the job of finding the many things that have been found in elections since 2006.

That is the problem. The assets are nullified by the broad approach that the government is taking in destroying the ability of the Chief Electoral Officer to do his job. Would the member not agree?

[Scott Reid, Conservative, Lanark—Frontenac—Lennox and Addington, ON]

Mr. Speaker, I would not agree at all. The Director of Public Prosecutions, of course, is a public official. No one questions his integrity. He was appointed in the same way, and indeed most public officials at the highest level are appointed in this way. There is no inherent problem with the process itself.

It is my understanding that when the bill goes through the same individual would continue to be commissioner of elections. I do not think there is any suggestion that somehow his integrity would be compromised by that change. However, he would be in the right office. He would be a prosecutor, someone who is officiating and prosecuting in a prosecutorial office.

The investigatory and administrative arm of Elections Canada would be kept separate from the prosecution. This is the same practice that allows us to separate, at this level, the Parliament of Canada, which is legislative, from the executive part of government. This should happen here too.

[David Sweet, Conservative, Ancaster—Dundas—Flamborough—Westdale, ON]

Mr. Speaker, I am proud to rise today to debate Bill C-23, the fair elections act, which would make it easier to vote and harder to break the law. It is a bill that would close loopholes to big money and give law enforcement sharper teeth, a longer reach, and a freer hand. This bill is another step in the proud legacy of Canadian democracy. Step by step and generation by generation, Canadians have fine-tuned their electoral practices and procedures to make our system more representative, more responsible, and fairer.

I am delighted today to discuss the steps our government is proposing to improve the fairness of Canada's elections and how the rules are enforced. The fair elections act is a comprehensive bill designed to protect the integrity of federal elections in Canada by making the rules clearer, by reducing the influence of big money, and by giving real strength to the authorities that enforce the rules.

This bill would assure Canadian citizens that their votes count. Their votes and their contributions will not be nullified by the actions of cheaters who try to take advantage of loopholes in rules. The contributions of ordinary citizens will also not be diluted by the presence of big money from special interests or individuals who have been able to funnel great wealth into political campaign financing through existing loopholes.

Let me emphasize this. The bill before us would strengthen the penalties against those who abuse the system. When Canadians are cheated out of their votes through fraudulent acts or the system is abused when votes that had no right to be cast are counted, the integrity of democracy itself is put into question. Sadly, we have seen too many incidents in which that integrity and the strength of the foundation have been questioned.

The fundamental right of a citizen is the right to vote. One might even call it a responsibility to vote, or a duty to vote. It is a right, a responsibility, and a duty that was earned in blood during the world wars and during the constant vigilance to maintain freedom and the rule of law in the decades since then.

However, the voter turnout numbers tell us a different story. A generation ago, a large majority of voters went to the polls. In 1988, for example, 75% of eligible voters cast their ballots, or about 4 out of 5 voters. In the most recent election, in 2011, that number had dropped to 61%, or about 3 out of 5 voters. Most troubling is the decline in voter turnout for youth aged 18 to 24.

The bill before us introduces a series of amendments designed to restore confidence in the electoral system and provide voters with the assurance that their votes will count. It would introduce a response to changes in technology that have provided challenges that previous generations did not face, but which, if left unacknowledged, could undermine confidence in the integrity of our electoral system. This bill would give enforcement powers that send clear signals that cheating the system will not be tolerated.

Let me provide the House with an overview of what this bill contains. I will leave it for my colleagues to provide further information on the precise details.

Broadly speaking, this bill would bring fairness to Canada's federal election in eight areas.

First, it would protect voters from rogue calls and political impostors. There have been serious allegations that telephone and telemarketing technologies have been abused in past elections, and we are taking steps to put a halt to the practice. The bill would establish a mandatory public registry, administered by the CRTC, for those who want to use robocall technology. At the same time, it would provide prison time for those who abuse the technology, including those who impersonate election officials. It would increase penalties for those who deceive people out of their votes, plain and simple.

Second, this bill would give law enforcement sharper teeth, a longer reach, and a freer hand. By sharper teeth, I mean that it would allow the commissioner of elections to seek tougher penalties for existing offences. A longer reach means empowering the commissioner with more than a dozen new offences to combat big money, rogue calls, and fraudulent voting. A freer hand means that the commissioner would have full independence, with control of his or her staff and investigations, and a fixed term of seven years.

Third, this bill would keep big money out of politics. It would prevent the use of loans to evade donation rules, and it would allow parties to fund democratic outreach with small increases in spending limits while imposing tougher audits and penalties to enforce those limits. It would make it easier for small donors to contribute more to democracy through the front door and harder for illegal big money to sneak in through the back door.

Fourth, the bill before us would crack down on voter fraud. It would prohibit the use of vouching and voter identification cards as replacements for acceptable identification papers. Elections Canada has found irregularities in the use of vouching and a high rate of inaccuracy in the National Register of Electors, which is used to create the voter information cards. I think my colleague earlier made this very clear with the example of his own personal situation. The bill would put a stop to the potential for these irregularities.

Fifth, the measures in the bill would make the rules easy to follow. Members on all sides of the House have complained that the current rules can be unclear. Complicated rules lead to unintentional breaches and intimidate everyday people from taking a more active part in democracy. The bill would make the rules for elections clearer, predictable, and easy to follow. In a fashion similar to the service provided by Revenue Canada, parties would have the right to advance rulings and interpretations from Elections Canada, which would keep a registry of interpretations and provide consultation with and notice to parties before changing any of these interpretations.

Sixth, the bill would enable the system to respect democratic election results. When members of Parliament and the Chief Electoral Officer disagree on an item on an MP's election expense return, the act would make it clear that MPs are able to present the disputed case in the courts before they are deemed ineligible to sit and vote as an MP.

Seventh, the bill would uphold free speech by repealing the ban on the premature transmission of election results. In the Internet age, this is as much a reflection of reality as anything else.

Finally, the bill before us would bring better service to voters, while focusing Elections Canada advertising on the basics of voting: where, when, and what ID to bring. It would explicitly require Elections Canada to inform voters with disabilities of the extra provisions available to help them vote.

Those are eight key areas in which we can build the democratic ideals that our country is known for around the world; the ideals that our soldiers in two world wars and since then have so sacrificed for.

I have served on the international human rights subcommittee of this House and listened to the testimonies of victims of various regimes in other countries that our freedom, democracy, and human rights are a big part of what makes Canada great.

Many people from across the political spectrum have underscored the importance of reforming our electoral laws and restoring confidence in Canada's democracy. I am confident they agree with me that these reforms are needed before Canadians return to the polls next year.

In fact, the bill would implement 38 of the recommendations that the Chief Electoral Officer made in his report on the 40th general election, which was tabled in 2010.

I urge hon. members—

[The Speaker, Conservative, Andrew Scheer]

It is time for statements by members. The member will have two minutes left to conclude his speech after question period.

Statements by members, the hon. member for Richmond Hill.

The House resumed consideration of the motion that Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, be read the second time and referred to a committee.

[The Speaker, Conservative, Andrew Scheer]

The hon. member for Ancaster—Dundas—Flamborough—Westdale has two minutes left to conclude his remarks.

[David Sweet, Conservative, Ancaster—Dundas—Flamborough—Westdale, ON]

Mr. Speaker, in the two minutes that I have left, I will make two points.

Something unique and seriously consequential to our electoral system and democracy was articulated yesterday by my colleague, the member for Calgary Centre-North. She was the singular voice so far in informing the members of the House of our responsibility to be always reaching out to Canadian citizens to participate in our democracy. We should be allowing Elections Canada to focus on those things that will assist all Canadians to vote and we should be reaching out to our constituents to give the a good reason to vote. I thought she articulated that very well yesterday.

Finally, I want to reaffirm the fact that this bill implements 38 of the recommendations that the Chief Electoral Officer made in his report on the 40th general election, which he tabled in June 2010. I would encourage all hon. members to join me in supporting this bill and in working toward its swift passage in the House.

[Libby Davies, NDP, Vancouver East, BC]

Mr. Speaker, one of the problems with this bill is that it is being put forward as a bill to deal with election fraud. It is true that it includes a number of recommendations from the Chief Electoral Officer, but contained within the bill are some terrible provisions that would actually make it much more difficult for people to vote, and I want to ask the member about this aspect.

In my community, where there are homeless people and people who do not have ID, the vouching system has been very important, and it is very strictly applied.

In Bill C-23, the vouching system would be eliminated. I do not know if the member is aware, but in a riding like mine, that is going to disenfranchise thousands of people. I feel very suspicious about what this bill is actually about. It seems to be more about stopping people from voting and disempowering people than it is about encouraging people to vote.

I wonder if the member would respond by explaining why the vouching system was eliminated.

[David Sweet, Conservative, Ancaster—Dundas—Flamborough—Westdale, ON]

Mr. Speaker, one of the things that we have to understand is that we have an obligation not only to make it easy for people to vote but make it secure for people to vote as well, in the sense that someone does not cast a vote that is not eligible and thereby cancels out somebody else's vote that is eligible.

In this case, vouching is one of the areas for which we have very serious empirical evidence. In vouching, errors happened 25% of the time, and even when there was extra effort put toward that situation, errors happened 21% of the time.

There are 39 different items that can be used for identification when people go to the polls and capitalize on their franchise to vote. The bill would also implement measures that would make it easier for people to vote, such as an extra day of advance polling, and would have Elections Canada focus on outreach to disabled people so that they know how they can vote and can go to places where it will be easy for them to do that.

[Libby Davies, NDP, Vancouver East, BC]

Mr. Speaker, I will be sharing my time today with the member for La Pointe-de-l'Île.

I have seen a lot of legislation come and go in this House in almost 17 years. I have participated in vigorous debates in the House where we have opposed legislation, and some occasions where we have supported government legislation.

However, I have to say that this particular bill before us today, Bill C-23, the so-called fair elections act, is something I feel angry about.

First of all, it is being debated under a closure motion. We have now had over 50 different times in this House that the Conservative government has used closure, in effect to limit and gag debate. That, in and of itself, is very offensive.

However, what I find very problematic about the bill is that Canadians are being told that it is a fair elections act and that it would deal with, for example, the election fraud that was so widespread in the last election.

Let us remember that it is the Conservative government and the Conservative Party who have the worst track record on breaking election laws in this country, whether it was the in-and-out scheme, or the robocalls that were designed to suppress opposition votes.

The guise of the bill is to deal with elections fraud. However, when we examine the bill, we can see that there are so many other elements of the bill that are designed to undermine the role of Elections Canada and the Chief Electoral Officer.

I have dealt with Elections Canada many times over the years, in six different elections. I have often heard criticisms about how the voting worked, particularly in my community, in the Downtown Eastside, where people are sometimes turned away from polls because they do not have ID. I have had an ongoing relationship with Elections Canada and have pointed out concerns about lack of training and issues in my local community. I have always found them to be responsive to those issues when I have raised them after an election.

In fact, Elections Canada has a worldwide reputation as a first-rate organization and is used as a model globally of what an independent electoral organization can be.

It is very dismaying and concerning to see that the bill would in effect undermine the power of the Chief Electoral Officer. It would create a new entity. It would remove general public education.

In fact, in questions in the House this week, even today, we heard the minister for democratic reform blaming Elections Canada for a lower voter turnout.

This is a complex issue. To have this simple fix by removing the role of education and talking to voters about voting, whether it is young people, first nations, students, new Canadians, from the role of Chief Electoral Officer, it is inexplicable in terms of the rationale. One can only come to the conclusion that the current government has basically brought forward a bill—it did not even consult the Chief Electoral Officer, by the way—that would undermine the role and mandate and the foundations of Elections Canada.

That is one element in the bill that I think is hugely problematic.

The other element is that the bill would remove a number of provisions whereby people who are not normally on the electors list and have difficulty voting, because they do not have the proper ID, would now find it very difficult, if not near possible, to vote. I am speaking in particular about what is called the “vouching system”.

This is something that various organizations in east Vancouver have used extensively. For example, we had lawyers on East Hastings Street who would help people determine whether they were on the voters list. They would help them figure out whether they had enough ID, and if they did not, they would help them in the process of what was called an “affidavit vote”.

All of that would be removed.

We used to have the vouching system, where somebody who knew somebody in the community who was homeless or on the street but eligible to vote, a Canadian citizen, living in Vancouver, who was 19 years of age, would make sure that information was provided to people.

There were many organizations that did an incredible service in vouching for people, by saying, for example, “Yes, we know that person. They come to the Carnegie Centre at Main and Hastings every day. We know who that person is, and they should be able to vote”. On that basis, a person was able to demonstrate their eligibility and would be able to vote. Sometimes there were problems, and the deputy returning officers would turn people away. There were issues and we did follow them up. However, the system of vouching has been an important democratic tool for people in my community to be able to vote.

In a previous Parliament, Bill C-31 severely restricted the vouching system. I fought tooth and nail against that. I thought it was a terrible proposition. Again, it was designed to hurt people, particularly those of low income.

Now we get to Bill C-23 and the vouching system is completely eliminated. I feel extremely worried about the impact that will have in the next federal election, in 2015, as there were about 100,000 people who used the vouching system in the last election.

We have just heard from one member that there was a 25% error rate and therefore it is a terrible system that has to be thrown out. However, if one reads the details, one would find that most of the errors occurred because there was a lack of adequate training for poll clerks and deputy returning officers in administering the vouching system. Therefore, it is a question of better training.

The bill would throw out the whole system. I feel we are now setting up an election process that has two-tiers. If one is a property owner, one is guaranteed to be on the voters list, to get a voter card in the mail. A property owner would probably have a driver's licence or some other identification, and there would not be an issue. However, in Vancouver, 50% of residents are not property owners. They are tenants, students, low-income families, seniors, and people who may move because the housing costs are so high people. People are always seeking more affordable housing. Those people end up not being on the voters list, not getting the information they require. Therefore, having provisions that would allow people to be eligible to vote on election day, even if they are not on the list, is extremely important.

I am very distressed about Bill C-23.

If we look at this historically, we have come far on a spectrum of disenfranchising people. I do not know about other members in this House, but I remember the days when people could walk down their street and see the voters list tacked up on the telephone poll. People could look at the list and see if they were on it. I remember the days when an enumerator would come door to door asking who lived in the household, who was eligible to vote. They would go through the criteria and people would get registered. All of that is gone. However, it was not the current government that did that; it was a Liberal government.

I want to make this point because I think it shows us how much our electoral system has been eroded in terms of its primary function, which is to enfranchise people who are eligible to vote, and to make sure they have the information, tools, and the system in place to make that process smooth and as accessible as possible. The key word is “accessible”.

We have come so far along that road. Here we are debating the bill on the opening day of the Olympics. Who the heck is even going to be watching this debate? The Conservatives brought in a closure motion yesterday, so we have a few hours of debate and the bill will be rushed off to committee. Before Canadians even know what is happening, the bill will be approved, yet it would impact every single voter in this country.

I am very glad that as many members of the NDP as possible are taking the opportunity to speak about the bill, to get the information to the public, and alert people that Bill C-23 is not a fair elections act. The bill is actually about voter suppression. It is about gagging the Chief Elector Officer. It is about undermining a democratic election system.

This is a thoroughly bad bill, and we will do everything we can to stop it.

[Mark Eyking, Liberal, Sydney—Victoria, NS]

Mr. Speaker, I commend the member for standing on a Friday afternoon to defend democracy. When we look at Canada, we are like a referee around the world. We monitor elections.

It is with great shock that we saw what happened in the last election. It happened in my riding. People were told to go to the wrong polling booths. We had misinformation, and it was quite shocking.

Does the member perceive that what the Conservatives are doing is hypocritical? Is it a smokescreen to take the heat off what happened in the last election? Is this legislation going to do anything to stop what happened in the last election, in my riding and many ridings, across the country?

[Libby Davies, NDP, Vancouver East, BC]

Mr. Speaker, obviously the member has some of the same concerns I have, that the bill is not going to stop the kind of fraud we have seen in terms of robocalls. We hope that it does. The problem is that within the bill there are so many elements that are going to suppress voters. I would agree with the member. Elections Canada has a fantastic international reputation; it does monitor elections around the world. However, we are here undermining the very institution that other people try to model.

Yesterday in the debate some of the Conservatives members said they wanted to have a truly independent commissioner and investigator, as though we do not have that now, as though Elections Canada is not an independent organization. What causes us so much concern is that the bill is designed to give a government, with its conservative ideology, more control over the electoral process. That has to be bad. This is not about a temporary change; this is a permanent change that would to take place in this country in terms of the way Elections Canada operates and the way voting takes place. That is why it is such a serious debate.