Mr. Speaker, I rise to speak today to a very problematic bill that may put Canada in a very difficult situation down the road.
I will begin by trying to put the bill into context, the way I see it. After the last election, Elections Canada launched investigations into some of the practices that came to light during the election. I am talking about the mechanism one political party had created in order to get around the spending limits for national campaigns. The party would lend money to riding associations or local campaigns, which would then transfer the money to the central party to spend on advertising. This was the famous “in and out” scandal. Naturally, this led to a lawsuit, and the party was found guilty of breaking the law and had to pay a fine. This left a stain on this party, which is now in power.
The other incident began shortly before the last election. In a new approach to running an election campaign, the party would suppress the vote and reduce voter turnout in an effort to get its own candidates elected. The thinking was that it might have the better team or a better machine to get out the vote, so if it succeeded in discouraging others from voting, this would increase the chances of its candidates getting elected. I am referring to the robocalls.
By the way, this is a misnomer because in the riding that I have the pleasure of representing, people did not receive a robocall. They received a call from a person who gave them false information. That happened a number of times. I asked everyone who notified me of this to sign an affidavit. Everything I received I passed on to Elections Canada and the RCMP.
For example, a woman of a certain age had lived in a building for about 60 years. When there is a municipal, provincial or federal election, the polling station is always in the building. On election day, the woman received a call informing her that her polling station had been moved. She laughed at them, called them idiots and told them that she had already voted in her building and that what they were trying to do was wrong. That was one of the women who signed an affidavit in front of a lawyer. This complaint was sent to Elections Canada, and there were others.
This whole affair left a very bad taste in Canadians' mouths and put a black mark on the political party in power. It may have generated interest in amending the law. Canadians and parliamentarians called for amendments. In his reports, the Chief Electoral Officer called for changes to the law and the government promised to make some.
The previous minister had told the House that the bill would be introduced in a few days. We learned that he consulted his caucus and instead of introducing the bill the next day, as he was supposed to, he went back to the drawing board. With the last cabinet shuffle, the appointment of the new Minister of State for Democratic Reform caused quite a stir among Canadians.
As we know, the minister who introduced the bill is another sort of person, someone who is a little more acerbic and a little more partisan.
This resulted in the bill to amend the Elections Act, which was introduced a while ago. Canadians and MPs began to react. I would like to remind members of the reactions to the bill from right across the country.
The Cape Breton Post said:
Conservatives’ Fair Election Act anything but fair
That was in February.
An Edmonton, Alberta, newspaper called Le Franco published an article titled “Election Tension Intensifies”. The article said:
The 242-page fair elections bill was rushed through, even though it will have a significant impact on the democratic process. The bill, introduced on February 4, fundamentally changes the rules.
A headline in The Gazette read:
Bill could end vote drive campaigns
Elections Canada ads failed, minister says
A National Post headline read:
Electoral officer slams reform bill at meeting, vows not to resign
Draws applause
That article was written by Glen McGregor.
The Gazette said:
Anti-vouching provisions unconstitutional: critics
Fair Elections Act measure could affect the young, seniors and aboriginals
In another article in The Gazette, Andrew Coyne wrote:
What election problems do Tories want to solve?
The Winnipeg Free Press said:
Election bill helps Tories exclusively
The Chronicle Herald said:
Former watchdog slams electoral reform bill
Another headline in The Chronicle Herald read:
Some good, some bad
ELECTION CHANGES
There are a few nuances here and there.
Another headline in the same newspaper read:
New Fair Election Act: not exactly as advertised
The National Post said:
Electoral reform based on mistrust
New bill removes chief electoral officer's power
An article in Le Devoir was titled “The Poisoned Ballot Box”.
A headline in La Presse read: “Ottawa wants to remove the CEO's power to investigate”.
Those are the reactions we saw across the country. Well-known and well-respected individuals even made some surprising comments. The first was Preston Manning, who was quoted in The Globe and Mail on March 1, if I am not mistaken:
Conservatives are increasingly not viewed as the party that most champions democratic values....
It was Mr. Manning who said that.
This created a situation in which we were forced to ask ourselves some questions. Some changes made to the law were completely unacceptable.
I was there when the Chief Electoral Officer spoke to the committee on March 6. I listened to his statement and shared it with my constituents. He tore apart the bill as it had been introduced.
Members will recall a situation we had never seen before. One of the country's top newspapers, The Globe and Mail, published scathing criticisms of the bill in five editorials—one a day. The following Monday, another editorial was published, entitled:
Kill this bill
Many people across the country shared the same opinion. They were not satisfied with the bill the government had introduced. There was a public outcry. Many organizations started petitions, as did the opposition parties in the House. As a result, the government realized that there might be a problem. The minister often quoted the Neufeld report in his answers in the House. He used the report to support an argument contrary to what the report was actually saying. It became clear that he was hurting his own party. Earlier, I listened to what the member for Toronto—Danforth said. I agree with him.
Some members likely exerted pressure within the government caucus. Others shared their opinions anonymously. This led the minister to change his position and make some amendments. I believe that 45 amendments were proposed in the Standing Committee on Procedure and House Affairs.
All of these amendments were accepted by the government majority. However, approximately 150 amendments were proposed by members of the committee belonging to the opposition parties. I believe that only one of those amendments was accepted and it was a small amendment regarding a technical error in the bill. All of the other amendments proposed by the opposition parties were rejected. Members of NDP, the Liberal Party, the Bloc Québécois and the Green Party, as well as independent members, consulted their own constituents. Canadians reacted very strongly, so these members tried to amend the bill so that the unacceptable provisions would not be included in the Canada Elections Act.
Of course, amendments were made. I agree with what has been said. The bill has been improved somewhat, but not enough. That is where things stand today. Yesterday evening, we voted for two hours. That whole time, the government majority systematically rejected all the other amendments, even though many of those amendments made a lot of sense. They would have strengthened the Canada Elections Act and Canadian democracy. They would have protected Canadians' rights. Those amendments were not accepted.
Other troubling incidents have occurred throughout the process. Sheila Fraser, the former auditor general of Canada, made a rather strong statement. She said:
“...it really is an attack on our democracy....”
The government's reaction was vicious. The Conservatives accused Ms. Fraser of being a spokesperson for Elections Canada and of being paid to say what she did. However, she earned the respect of all Canadians during her 10 years as auditor general of Canada. She did a remarkable job that affected all of us, as a government. I really must commend the work she did as Canada's auditor general. She has a great reputation, yet the government, or some of its spokespersons, were quick to try to destroy her reputation. It really is unbelievable. There is clearly a problem when something like that happens.
The government may well have realized that resistance was mounting when they saw how the Senate would react, in advance of the study of the bill. They heard fairly strong comments from their own senators, who said that certain amendments would be appropriate. That is how we got to where we are now.
I would also like to point out that it was at that point that the government was quick to introduce a time allocation motion: the guillotine. At that time, we were just beginning to perhaps see, or hope to see, some openness to make this bill acceptable to Canadians and to parliamentarians. However, the government said no, that it was done and that we had to vote. There would be one day of debate at the report stage, which was yesterday, one day for third reading, which is today, and it will be over tonight.
I certainly intend to support the motion of the hon. member for Toronto—Danforth, seconded by his colleague from Sudbury, not to go ahead with this bill and pass it because I think that passing it would be a step backward, not forward, as the minister claims.
There is a list of proposed amendments, which are correct, but also a list of shortcomings in the bill that still does not recognize voter cards as a piece of identification. It is only recognized as proof of address. Voters can use it if they have someone there with them, but that is not always the case.
Elections Canada's role is seriously limited. It is unacceptable to separate the Chief Electoral Officer and the commissioner by sending the commissioner to a government agency where he will lose the independence of being an officer of Parliament.
Increasing the limit for contributions to political parties, just like the $25,000 contribution, I believe, that candidates can make to their own campaigns, is good for the wealthiest people in our country.
That is not a direction the government should be heading in. On the contrary, I do not think anything should be changed, unless the limits are reduced. Yes, that is challenging for political parties, but it forces them to open up to the public and encourage people to get involved in and contribute to their movement. That strengthens democracy and makes people feel like they are living in a country where their voices make a difference. I wish the limits had not been increased, but that is what will happen.
There is another thing that is really bothersome. Elections Canada has, over the years, developed a fabulous international reputation. I have had occasion to travel in a number of countries, Africa in particular, where there are electoral commissions.
These temporary or permanent electoral commissions are rather clumsy, poorly organized and highly controlled by governments.
These bodies are problematic, and the people rely quite a bit, when they have elections, on external bodies, and I have heard about Elections Canada's fabulous reputation in terms of going there to help.
Under the former chief electoral officers, Mr. Kingsley and Mr. Hamel, Elections Canada was able to build a solid reputation over the decades. However, if the bill before us today is passed by the House and the Senate and receives royal assent, it is a step backward. This will weaken Elections Canada and its ability to ensure that the electoral process is sound and transparent. This agency is supposed to be independent and report to the House, not the government. The agency has the ability to enforce legislation and, when that legislation is violated, to conduct investigations and impose penalties. The agency is asking for investigative powers, which it will not have, to maintain its reputation.
If this bill is passed, I think the government is going in the opposite direction and taking a step backward. This will weaken Elections Canada and its national and international reputation. It blows me away to see a government do this.
This was one of my responsibilities when I was a minister. We made a minor change to the criteria for redistributions. To make this change, I consulted with the officers of Parliament and with the opposition parties. That is how we went about amending the Elections Act. We did not go about it in a cavalier fashion as we are seeing today. The minister misinterpreted a report and made claims that were the opposite of what the report said. He made some amendments only because he was forced to do so, but he rejected all the other amendments presented by the opposition.
I hope that some of their members will heed the call to vote against this bill and that it will not become law.