Fair Elections Act

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

This bill was last introduced in the 41st Parliament, 2nd Session, which ended in August 2015.

Sponsor

Pierre Poilievre  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill.

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.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

May 13, 2014 Passed That the Bill be now read a third time and do pass.
May 13, 2014 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give third reading to Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, because, amongst other things, it: ( a) was rushed through Parliament without adequately taking into account the concerns raised by over 70 expert witnesses and hundreds of civil society actors that speak to a wide array of provisions that remain problematic in this Bill; ( b) prohibits the Chief Electoral Officer from authorizing the use of 'Voter Information Cards' as a piece of voter identification to be used alongside a second piece of identification, despite such cards being a method of enfranchisement and promoting smoother administration of the election-day vote and despite there being no basis for believing that these cards are, or are likely to be, a source of voter fraud; ( c) refuses to legislate the powers necessary for full compliance with, and enforcement of, the Canada Elections Act in light of experience with fraud and breach of other electoral law in the 2006, 2008 and 2011 general elections, notably, the power of the Chief Electoral Officer to require registered parties to provide receipts accounting for their election campaign expenses and the power of the Commissioner for Canada Elections to seek a judicial order to compel testimony during an investigation into electoral crimes such as fraud; ( d) eliminates the power of the Chief Electoral Officer to implement public education and information programs designed to enhance knowledge of our electoral democracy and encourage voting, other than for primary and secondary school students; and ( e) increases the influence of money in politics through unjustified increases in how much individuals may donate annually and how much candidates may now contribute to their own campaigns, thereby creating an undue advantage for well-resourced candidates and parties.”.
May 12, 2014 Passed That Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, as amended, be concurred in at report stage.
May 12, 2014 Failed That Bill C-23 be amended by adding after line 27 on page 51 the following: “351.11 No third party that failed to register shall incur election advertising expenses of a total amount of $500 or more.”
May 12, 2014 Failed That Bill C-23, in Clause 77, be amended by adding after line 20 on page 49 the following: “348.161 For greater certainty, the requirement referred to in section 348.16 to keep the scripts and recordings described in that section for three years does not preclude the Canadian Radio-television and Telecommunications Commission from establishing a system of voluntary commitments for calling service providers in which they pledge to keep scripts and recordings for periods longer than three years.”
May 12, 2014 Failed That Bill C-23, in Clause 77, be amended by adding after line 20 on page 49 the following: “348.161 For the purposes of determining the period of time during which each script is to be kept in accordance with section 348.16, the three-year period starts from the last time that the same or substantially similar script is used by the same caller.”
May 12, 2014 Failed That Bill C-23, in Clause 77, be amended by replacing line 11 on page 49 with the following: “years after the end of the election period, and provide to the Canadian Radio-television and Telecommunications Commission,”
May 12, 2014 Failed That Bill C-23 be amended by deleting Clause 41.
May 12, 2014 Failed That Bill C-23, in Clause 5.1, be amended by replacing line 35 on page 8 with the following: “under this Act, including information relating to the commission of an offence against a law of Canada or a province by an individual if, in the Chief Electoral Officer’s opinion, there is evidence of such an offence.”
May 12, 2014 Failed That Bill C-23, in Clause 152, be amended by adding after line 11 on page 242 the following: “(1.2) The report shall also include any concerns regarding the powers granted to the Commissioner by the Canada Elections Act.”
May 12, 2014 Failed That Bill C-23, in Clause 97, be amended (a) by replacing line 30 on page 195 with the following: “( a.1) section 351.1 (registered and non-registered foreign third party ex-” (b) by replacing line 4 on page 196 with the following: “( a.1) section 351.1 (registered and non-registered foreign third party ex-”
May 12, 2014 Failed That Bill C-23, in Clause 56, be amended by deleting line 9 on page 32.
May 12, 2014 Failed That Bill C-23, in Clause 7, be amended by replacing line 22 on page 9 with the following: “levels or to any targeted groups.”
May 12, 2014 Failed That Bill C-23, in Clause 7, be amended by adding after line 22 on page 9 the following: “(2) The Advisory Committee of Political Parties, established pursuant to subsection 21.1(1), shall provide the Chief Electoral Officer with its opinion on the impact of this section within two years after the first general election held after the coming into force of this section.”
May 12, 2014 Failed That Bill C-23, in Clause 5, be amended (a) by replacing line 6 on page 6 with the following: “Chief Electoral Officer within 20 days after the” (b) by replacing line 20 on page 6 with the following: “subsection (5) within 65 days after the day on” (c) by replacing line 22 on page 6 with the following: “65-day period coincides or overlaps with the” (d) by replacing line 25 on page 6 with the following: “65 days after polling day for that election.”
May 12, 2014 Failed That Bill C-23, in Clause 3, be amended by replacing line 17 on page 5 with the following: “(2) The mandate of the Chief Electoral Officer is renewable once only; however, a person who has served as Chief”
May 12, 2014 Failed That Bill C-23 be amended by deleting Clause 1.
May 8, 2014 Passed That, in relation to Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Feb. 10, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on Procedure and House Affairs.
Feb. 6, 2014 Passed That, in relation to Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, not more than three further sitting days shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the third day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Opposition Motion—Time allocation and closureBusiness of SupplyGovernment Orders

April 10th, 2014 / 1:45 p.m.


See context

Essex Ontario

Conservative

Jeff Watson ConservativeParliamentary Secretary to the Minister of Transport

Mr. Speaker, I appreciate the intervention of the member for Burlington in explaining the process of allocating days with respect to debate and how that is used as a management tool for keeping the House efficient in terms of all the matters it has to consider at every stage of reading. Legislation can flow to committees to keep them focused on important matters and legislation and can move to the Senate, which can consider these matters as sober second thought.

In some countries, because of debate and other means, they do not pass a budget for year X until year Y or year Z. We had a situation in the U.S. Senate, when it did not pass a budget for four years. It debated budgetary matters, when matters have to be decided efficiently.

In the case of Bill C-23, I understand that there are aspects of the bill that have to be implemented in advance of the next election. To do that, it has to clear not only this House but the Senate in a specific amount of time. Can the member talk about how time allocation relates to meeting that standard?

Opposition Motion—Time allocation and closureBusiness of SupplyGovernment Orders

April 10th, 2014 / 1:20 p.m.


See context

Conservative

Mike Wallace Conservative Burlington, ON

Mr. Speaker, I am honoured to speak today. Just so my colleague across the way understands, when we get back to this fine institution in a couple of weeks, as a backbench member of the government I will be voting against the motion that is in front of us.

I have done a bit of research and have thought about the motion here in front of us. I basically broke down my presentation into two or three different areas, and hopefully I can get to them all.

First, so the public understands, let me talk about what is happening today.

Today is a supply day. Supply days were a creation of the Liberal government in 1968. They have been around for a long time. Previous to that time, the estimates, the actual allocating of money, was all dealt with in the House. It took up a tremendous amount of time. There was no time, or very little time, for creating legislation. The Liberal government of the day, in conjunction with the opposition members, came to the conclusion that things could be done more efficiently and effectively by allocating 25 days of the year to supply.

This means that the opposition parties can bring forward any motion that they would like on any topic that they would like. I am just guessing, but I think the vision of the day was that opposition parties would be able to bring a non-confidence motion forward and either criticize the government's policies or programs or maybe even present an alternative. That was the fundamental reason for supply days to begin with, and that is what we are doing here today.

I find it a bit strange that the Liberals are using this valuable time in this way. Because the Liberal Party is now in third place, it gets fewer days. Because the days are allocated by the size of the opposition, obviously the official opposition would get more days than the Liberal Party, and today the Liberals are using one of their two spring supply days to talk about process. I thought that was very strange, but I am happy to talk about process if that is what they want to talk about.

I thought maybe they wanted to define “middle class”. In part of my research, I was looking up “middle class”. The leader of the third party has been talking about the middle class quite a bit, so he must know a lot about it. His father was the prime minister of Canada and his upbringing was not really in the middle class, but I thought maybe it was his grandfather who instilled the middle class piece in him.

I looked in The Canadian Encyclopedia. I know my family and the vast majority of Canadian families are not mentioned in the The Canadian Encyclopedia, but the Trudeau family is. I found out that the former prime minister's father, the grandfather of the present leader of the Liberal Party, was listed there as being a wealthy businessman from Quebec and part of the elite even back in that generation.

I find it very strange that the Liberals are using today to talk about process. Maybe it is because they would have a difficult time talking about what they would like to accomplish, because they really have not indicated a whole lot to Canadians about what they want to do.

This brings to me to the actual motion, which is about time allocation.

The Liberals have chosen two specific areas to talk about in relation to time allocation. I want to make clear that what they are talking about is time allocation. Let me go through the three ways that it can happen.

There is a difference between closure and time allocation. Time allocation is allocating the amount of time in this House to deal with whatever the item happens to be. It makes it much easier and more convenient for us to determine how many speakers we have, when we will do it, and what days we will allocate to speaking on whatever item. It is purely organizational.

There are three ways that I know of that time allocation can happen.

First of all, the public should know that the House leaders from each party meet. They discuss the agenda, or the orders of the day as we call it here, such as, what is going to happen in the House, when things are coming forward, and how much time will be put to them.

It is my understanding that in the past the number one way of allocating time was by agreement between House leaders. For example, a House leader would agree to put up 20 speakers and another House leader would agree to 5 speakers. There would be an agreement on how much time is spent on a particular item. That is how it has happened in the past and it can happen in the future.

Then, when there is agreement, members would come back to the House. The House leaders go back to their whips and organizations, in our case the parliamentary secretary in charge of that area, and they would organize the speakers from our side who would speak to a particular item. The same thing happens with other parties and their critics.

A second way of allocating time is to have an agreement with the majority of the parties in the House. There are three recognized parties in the House, and two of the three can come together to figure out what we want to do. Technically they can allocate the time for whatever the discussion will be on a particular area.

The third way to allocate time is unfortunately what we have had to come to, but it is completely legal and fair. It is that the government of the day can allocate the time. That is not closure; it is not saying that we are not debating something.

I spoke earlier this week when we were debating our budget implementation bill. I was the 69th speaker, and there was going to be a speaker after me. There were 70 speakers at second reading, and five days were allocated to the debate in second reading.

The bill then goes to committee. If there are amendments at committee, it comes back here to report stage, which I did not know about until I got here. That was not mentioned much in the political science books that I read in university. However, there is a report stage. Again, there is an allocation, which may be done through the House leader on the government side or through a negotiation and discussion at the House leaders meeting. However, there is an allocation of time to debate the item, based on the amendments.

As members know, there could be a lot of amendments. The Speaker could group amendments together and we could then have debate on single sets of amendments. It is not just amendments in total, but on single sets. That could go on for a lengthy period of time. The bill then comes back for third reading. Third reading in this House has another time allocation piece to it.

Unfortunately, what is happening is that we are not able to get agreement from the other side on allocations, so the House leader on our side has to tell the House how much time will be allocated. There is always a 30-minute discussion on the government's allocation of time.

On the budget implementation bill, for example, we allocated five days to it. People can say that five days is not a lot. However, I did a little research on this, and I want people to understand the agenda in terms of the length of time that we are here.

In this calendar year, we will be sitting for 27 weeks in Ottawa, doing Canada's work. We all do plenty of work in our ridings, of course, but this is work on legislation that comes to the House. I then took all of the days that we have in a week and broke it down.

I do not know if people understand this, but there are 20-minute time slots for the speech and 10 minutes for questions and answer. Technically, one could split one's time. Today we have 20-minute slots, but to maximize the amount, it could be 10-minute speeches with a 5-minute question and answer period.

For example, on Monday, we are in the House from 11:00 a.m. to 6:30 p.m. We have to remove an hour for private members' business and an hour for question period. There are a lot of other things that eat into the time, but I am being judicious in saying that those two things automatically happen. There is also routine procedures and so on, which is another 15 minutes or so. In actual fact, we have about five hours and fifteen minutes on Monday, which is about 21 slots, if we split the time slots.

On Tuesdays there are six hours and fifteen minutes for discussion. That is 25 slots. On Wednesdays it is only a couple of hours, at two hours and fifteen minutes of actual time, which is nine slots. That time gets eaten up with trading over. On Thursdays we are back to the same as Tuesday, with 25 slots. On Fridays we have two hours and fifteen minutes, the same as Wednesday, with another nine slots.

If everything went absolutely smoothly and there were no interruptions or points of order and we went right to the minute and moved along, that is maybe 89 or 87 spots in a week.

I heard a few minutes ago that members of Parliament get elected here to talk about the items. Can members imagine if all members, all 308 of us, were required to speak to every item? We have about 88 spots a week. We are here about 27 weeks of the year. We then have supply days thrown in. We have other items. We have voting. If everything was as smooth as glass, based on my math, we would get maybe two pieces of legislation through every year.

That is not including the budget and the budget implementation bills, because in a sense those are automatics. We have a budget presented by the finance minister. There is debate and discussion on it. Then there are also two budget implementation bills, one in the fall and one in the spring, and time is allocated for debating those bills as well.

My estimate is that if we followed the rule or the expectation that all 308 of us would get a chance to speak to every item, we would get through a maximum of two pieces of legislation in the House.

That is not including committees. The public should know that. As I was saying this week, I was the 69th speaker at second reading. The bill then goes to committee. At committee, members of Parliament hear witnesses and get involved in debate and discussion about the legislation in front of us. The bill then comes back here for the report stage and third reading.

In my view, if there was no such thing as time allocation, as members of Parliament we would get virtually nothing done. I am not sure that the public of Canada is sending us to Ottawa to do absolutely nothing. The public expects some legislation to be passed.

The public expects discussion to take place, and there is discussion. There are speeches from both sides, from one side or the other, and there are often areas of concern or interest. On our side, normally we promoting. On the opposition side, members are often taking exception. Those discussions will happen.

People will notice that comments are often repeated over and over again. We do the same thing on our side. I am not saying that it is a one-sided thing. We repeat the same thing, or something very close to it. I know that the rules of this place are that we cannot say the exact same thing as somebody else. I do not really use speeches, as members can tell by my standing here. I have some notes, but I do not have actual speeches.

What I am saying is that time allocation does not stop debate. It assists debate. It allows fair discussion on the issues, and the limited time that the House has to deal with legislation requires time allocation.

We are being criticized, partially in this motion, over time allocation as if it had never existed before and as if it were something new that we had come up with. As far as I know, time allocation has been part of the process here forever, because it would not make sense to do otherwise.

Stanley Knowles, a New Democrat member of Parliament many decades ago, has been quoted as saying that it is important to have time allocation, that it is important that we have an understanding of how much time we are going to spend on a particular item and move forward to make decisions on whether we are going to support or oppose something.

The Liberal motion today tries to focus on two specific types of bills. In my view, they have done that because they know very well that time allocation is an important process around here, and they are using these two items for political reasons, not for practical reasons of improving how this place operates. We have a reform bill by one of my colleagues here before us. But in my view, if we really want reform of this place, and we know how little time we have to debate different issues, and given the scheduling that we have to arrange between committees, and so on, I think there are better ways to operate the House of Commons. I have made some suggestions on the number of committees, the timing of committees, and how much time we allocate for House time. We could be much more efficient than we are, strictly from a business perspective.

My concern is that when we hear the opposition say they did not have time to debate it, if we look at the actual speeches they make, they are repetitive and clearly not supporting the actual legislation in front of the House. That is fair. That is their job, to be in opposition. However, they should be able to make their points and then move on. That is not what is happening.

Time allocation and closure are two different things. Closure is a motion invoked when a piece of legislation is required by a certain time, whether it is in other statutes, or a Supreme Court decision has been granted on a certain item and the House has to report back by a certain date. If we check the records, closure is rarely used.

Another item I have heard about recently, aside from the debate on the fair elections act, is omnibus bills. The opposition are concerned about the size of bills, and they will quote big numbers. This week they were quoting it as 489 pages long. I agree that the particular piece we were dealing with this week is 489 pages long, but it is in both English and French, so it is actually about 250 pages. The fair elections act is not even that long, but it is in two languages.

If, say, we have to read a couple hundred pages, I am pretty sure that most Canadians believe that members of Parliament can read a couple of hundred pages. Additionally, what is also great about the way the system works here is that despite the fact legislation arrives before us in legalese, there are summary pages at the front of every piece of legislation highlighting what is important and what each section does.

What happens is that I, as a member of Parliament, read through the summaries and look through the parts of the legislation that are of concern or interest. If there is something I do not understand, I read it in more detail. Then I have an opportunity to talk to the minister. That opportunity is open to every member of Parliament. They normally have a session with a briefing that anyone can attend, including staff. They are briefed at the bureaucratic level on what is in a bill so they will have an understanding of it.

With the amount of time we have, which I am running out of now, I do not think we should support the motion. Time allocation is getting a bad name because people do not understand what it is used for and how it works. It is something that makes the House operate. If we were to ask people on my street, they would believe we are way too slow in getting legislation through the House.

Opposition Motion—Time allocation and closureBusiness of SupplyGovernment Orders

April 10th, 2014 / 1:20 p.m.


See context

Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I really did just answer that question, and members will note that the Liberal Party, in introducing this debate, wants to try to do what is achievable.

We know Conservative members on the other side could not support not limiting debate on everything. They could not do that for various reasons; but we wanted to do what was possible, what was achievable.

These two pieces of legislation are fundamental to our democracy. All Canadians know, with Bill C-23, how the regime over there would undermine our democracy, would actually take away the right to vote from some. Experts after experts have talked about their concerns on the bill, so Canadians know this is a bad bill.

This is the opportunity to put a motion that deals with two pieces of legislation, the foundation of our democracy, that any members in this House should be able to stand and support, whether they are government or opposition.

Opposition Motion—Time allocation and closureBusiness of SupplyGovernment Orders

April 10th, 2014 / 1:15 p.m.


See context

Liberal

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

Mr. Speaker, yes, indeed, perhaps the NDP members could bring it up at their next opposition day. They could do quite a large motion if they so desire. That is the beauty of having these opposition days. We can debate certain motions.

My question for my colleague and friend is this. I want to talk specifically about Bill C-23 here. What I find most egregious here--and I understand there are certain circumstances where time allocation would be used for dilatory movements within the House--is that we have a party and a government, as a result, abusing the system that is supposed to help out the daily functions of Parliament.

The government has decided, after only three speakers, to impose time allocation to cut the number of speakers down.

I agree with the member wholeheartedly that, when we vote for this in a few weeks, we need to say to the backbenchers here that they have the chance, a golden opportunity not given to the vast majority of people in this country, to speak in this House. They should exercise that by ensuring that the laws allowing us to speak in this House are as open and flexible as they can be.

Opposition Motion—Time allocation and closureBusiness of SupplyGovernment Orders

April 10th, 2014 / 12:50 p.m.


See context

Liberal

Wayne Easter Liberal Malpeque, PE

Mr. Speaker, I am most pleased to support my colleague, the member for Bonavista—Gander—Grand Falls—Windsor, on the Liberal opposition day motion.

I will not read the actual motion, which is rather technical. The motion speaks to a very serious flaw in Canada's democracy. That flaw was especially revealed in the way that the Conservative government has operated with respect to Bill C-23, the fair or unfair elections act, whatever members want to call it, depending on their perspective, and how the regime would impose its will to the exclusion of all other views. That is a part of what is forcing this motion today.

I listened closely to the member for York Centre earlier, going back through a lot of history and where closure, time limitation, and debate have been used. There is no question that sometimes it is necessary in regular business as a government, in terms of doing the business of a nation.

However, let us understand what has been happening in recent years. There have been omnibus bills, 400 pages in length, dealing with sometimes as many as 40 different pieces of legislation that have nothing to with the budget. In previous times, most of those pieces of legislation would be broken out so that they could go to the appropriate committee. They would be debated here and would have a full hearing.

It has to be noted that in terms of this motion today that we are only dealing with the Canada Elections Act and the Parliament of Canada Act. What more important business could Parliament have than with those particular acts, which are the underpinnings of our democracy?

We need to ensure, at least on those particular pieces of legislation, that a slight majority government in Canada cannot impose its will in this place. It is one of the flaws in our democracy. The government needs to get things done, but it does not have the majority of the votes in the country.

The Conservative government, in particular, fails to operate for all Canadians; it tends to operate for a certain ideological base. As a result, these laws are not debated and analyzed in a proper, open, and transparent fashion, with the necessary witnesses. As I said, the government is imposing its will on the people and without proper debate.

The rationale behind this motion is that changes to legislation that are fundamental to our democracy should only be made through a consensus-based process. The Conservatives are treating Bill C-23 as another piece of partisan legislation to be rammed through Parliament at their convenience. This needs to be prevented from happening, now and in the future. That is what this particular motion would do. It would ensure that there is the proper debate.

Again, I listened to the member for York Centre, when he said that if we had the opportunity to debate every bill over the course of a term, members would only get to speak on eight bills in the whole term. Nobody is talking about every bill. We are talking about the way that government members continue to operate. They try to misrepresent and mislead the facts by saying something that is spinning it a little, that is a bit close to what the motion is talking about but is not the real thing.

How many hours would it take up in the House of Commons if the committee studying Bill C-23 travelled to every region of the country to hear what Canadians have to say on the bill? Would that not be the proper thing to happen in a democracy, that a committee goes out there to the country with the bill in hand, with all the parties present, and allows witnesses to have their say directly in their own areas, rather than either transporting them to Ottawa or doing a video conference? It should get out in the country where people can be heard, where people from the countryside can come into the meeting, rather than in the kind of bubble that is Ottawa.

Changes to legislation like the Elections Act and the Parliament of Canada Act, which are fundamental to our democracy, must be achieved by broad consensus and be backed by solid evidence. That is what the proposal by my colleague, and this motion, is all about, that there be proper debate, in a proper forum, with the proper amount of time on these two pieces of legislation. That is why we, as a party, have introduced the motion today that will change the Standing Orders of the House of Commons to prevent any government from using time allocation and closure to shut down debate on changes to the Elections Act and the Parliament of Canada Act.

As a member of the Liberal Party, I would point out that if the government continues to run roughshod over Canadians by forcing through its bill, our leader has committed that a Liberal government will repeal the Conservatives' undemocratic changes to our country's Elections Act. That is a sure thing.

How serious is this particular bill? There was an article in iPolitics this morning that fairly aggressively states where Canada will be left if this bill is passed. The article in iPolitics is entitled “The Fair Elections Act is a global disgrace”. It is written by Anita Vandenbeld.

Ms. Vandenbeld worked for a number of years internationally, on democratic development with the United Nations Development Programme, the National Democratic Institute, the Organization for Security and Co-operation in Europe, and the Parliamentary Centre. She has considerable experience on viewing democracies around the world.

I will not go through all of our arguments; I will go to some of the witnesses before committee. However, I would encourage people, and especially the Conservative backbenchers, that rather than just accepting the speaking points from the PMO, to read this article. She spells out the serious flaws and how Canada is becoming an embarrassment around the world with the way the current government is operating and how it is trying to seriously undermine the main foundation of our democracy.

The key point she makes, which in stark reality shows what her view is on this particular bill and the way that the government is handling it, is this. She states:

The last time I worked in a country where a government used its majority in Parliament to ram through changes to an election law without public input was in the Democratic Republic of Congo in 2011. I never would have expected this in Canada.

That tells us how the people with the experience in looking at democracies around the world are looking at the actions of the government.

I have to say this because I hear some chirping from the backbench over there.

People who are on the back bench have to understand that they are not members of the government. The cabinet is the government. They are members of the governing party. They have the right, if they so desire, to stand up in their own right and represent their constituents and Canadians. They do not need to follow the whipped moves from the PMO.

They can stand up and express their own opinion, and on something as fundamental as Canada's election laws and the Parliament of Canada, I would love to see them tonight, or whenever the vote is held, standing up in support of this motion. We would applaud them for showing that, under this regime, democracy could even work in this place. That would be quite startling, and I would love to see it.

Legislation affecting our democratic institutions is too important to be rammed through in a partisan manner by any government. Such legislation should be able to get support from at least one other party in this place. We are all here representing constituents. We cannot be that far apart on issues such as democracy.

One would think that the government would be able to get at least one party on side in support of its legislation. As a result, though, of its not gaining that support, we are seeing an abuse of processes in this place in situations like those with Bill C-23, which is horrible legislation in my view. It seems there is no support from anyone other than the Conservative Party, but it intends to ram it through Parliament.

As such, I maintain that this is an affront to our democracy. Canada was previously seen as a model for other developing democracies, with Elections Canada, government representatives, and spokesmen being asked to profile how we operate in Parliament, how we run elections in this country.

That is all going to be gone, because we are now seen, such as at the United Nations, very differently from we used to be. We are no longer seen as a global leader in terms of peace and democracy around the world. It is because of the way the government operates.

The member opposite says it is because of Bill C-23. No, it is because of the attitude and the way the government has operated in the last eight years. This is a government that came in talking about accountability and transparency, and we have not seen it be accountable for anything.

The minister certainly does not stand up, apologize, and be accountable for what he said to the Chief Electoral Officer. There is no such thing. The minister was responsible, and if the Prime Minister would show some leadership, he would force that minister to apologize for the way he is treating parliamentary officers in this country.

It is an attitude that has pervaded that whole Conservative Party since it came to government, which is making us disrespected around the world.

We are now witnessing in Canada the undermining of debate on bills. I have heard others say this and I think it may in fact be necessary for us in the next election to ask for United Nations observers to come in to observe the election.

The members are laughing over there. However, when we look at this bill, we can see that we may need United Nations observers in this country of Canada because the government is undermining democracy so much. Moreover, as we will see when the vote comes up, not one of those backbenchers will be willing to stand up for Canadians. They are only willing to stand up for their Prime Minister.

Bill C-23, the so-called fair elections act, is quite literally nothing less than the most comprehensive voter suppression effort in Canadian history.

The bill was designed to exclude, to manipulate, and to undermine the democratic process in Canada, which is the bedrock of our democracy: our election process. The Minister of State for Democratic Reform has performed his task well. He has delivered for his leader the kind of legislation that would only serve to increase the cynicism among Canadians as to the political process, with the result, the Conservatives hope, of driving more voters out of the system, young people in particular.

All one has to do is listen to some of the witnesses who were before committee and listen to what some people are saying in the press. This is a government that views the manner in which Canada conducts federal elections not as something that all parties in the House have an equal share in ensuring works properly but as a system it manipulates to its advantage. That, to the Conservatives, is acceptable.

There are only two kinds of Canadians according to the government party opposite: good Conservatives or bad Canadians. Those who oppose the government are less Canadian, unCanadian, the enemy, subversives. That is the kind of government this legislation is revealing to Canadians that we have in Canada at the moment. There is something suspicious about a government that is attempting to manipulate the democratic system to ensure the disenfranchisement of Canadians, while fearing to allow thorough, open, cross-country public hearings to hear the voices of Canadians. A government with any integrity would have worked with all parties in the House on this legislation and, if not that, would have had the integrity to take the legislation into the country and road test it. It can still do that, if it really wanted to. It could go out and hear from Canadians.

As I said earlier, backbench members over there have the opportunity to stand up and be counted to ensure that there is proper debate, long-term debate, cross-country hearings where everyone can be heard on the Parliament of Canada Act and the Canada Elections Act.

This legislation, Bill C-23, to which the motion today relates, has to be placed in the wider context. That is the fact that the former auditor general, Sheila Fraser, stated that the government would undermine the credibility of virtually every arm's length agency of the government that performs any kind of oversight. Ms. Fraser said, according to The Globe and Mail of April 9, that the attack on Mr. Mayrand “disturbed” her greatly, was “totally inappropriate”, and that such comments “undermine the credibility of these institutions”. She also warned that the bill would unduly limit the Chief Electoral Officer, threaten Elections Canada's independence, and block people, including her own daughter, from voting with the tightened ID requirements. We all respect Sheila Fraser. She is a former auditor general. When she makes those kinds of serious comments, it is time we listen.

Let me list the bill's critics so far. They include Mr. Mayrand; Commissioner of Canada Elections, Yves Côté; two of their predecessors; Ms. Fraser; former Reform Party leader Preston Manning; provincial chief electoral officers; Harry Neufeld, the author of an authoritative Elections Canada report; law school deans. There was a list on March 11 of well over 100 university professors saying this bill should not go through as is.

I will conclude by saying that this motion would lay down criteria where proper debate has to be held on the Canada Elections Act and the Parliament of Canada Act. I encourage backbench members to stand in their own right to support it.

Craig Scott NDP Toronto—Danforth, ON

Great, thank you, and thank you, all three, for such powerful and articulate presentations.

I particularly want to recognize Leadnow with respect to this particular bill. Right from the beginning you helped raise the alarm with Canadians and you said something very important, Mr. Shedletzky, near the beginning of your presentation. You said there are many problems in Bill C-23 and a focus on voter ID risks diverting our attention from those other elements. I'll come back to that because I'd like you to, after I've made a couple of other comments, just to summarize what you think really needs attention beyond the voter ID stuff.

On the encouragement of voting, it's also worth noting that this bill makes it much harder to do experiments with online voting. It's singled out for not just full House of Commons approval and thus, blocking, but Senate blocking of any such pilot projects, which I would have thought from the student perspective is not something all that welcome because I hope students would want us to be ready when the technology and public confidence level is there for online voting to be used at least in a supplementary way.

The last thing is that I very much hope that at some point we will have a fair elections bill that's about fair voting, that's about making every vote count, and that it would include proportional representation within our electoral system, which we know more or less can increase the vote by 2% to 5% as well.

That said, Apathy is Boring, this is an amazing document, this card, but the irony is that if we were to look at this in terms of post Bill C-23, it's not even clear Elections Canada would be able to partner with this at all, because the new language of proposed section 18 talks about an exclusive list of things that Elections Canada can do, and, “The Chief Electoral Officer may provide the public...with information on the following topics only”.

Those topics include this side, but they would never include this side:

The future is ours: 50% of the Aboriginal population is under...27. It's up to us to own it.

Elections Canada would be banned from helping with this side. They might even be banned from helping with this side because the language in the existing act of, “The Chief Electoral Officer may implement public education information programs”, is removed, and the provision that says “The Chief Electoral Officer may, using any media or other means” is removed. So it's not at all clear that the current provision will even allow partnerships with bodies such as yourselves. I think that should be a real concern given how you are advancing the ball down the field with this kind of stuff.

Back to Mr. Shedletzky. I'm wondering if you could just tell us what you think we should be paying attention to. You have about a minute.

Opposition Motion—Time allocation and closureBusiness of SupplyGovernment Orders

April 10th, 2014 / 12:40 p.m.


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Liberal

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

Mr. Speaker, notwithstanding what happened 120 years ago, I was wondering if the hon. member could talk specifically about Bill C-23, in this particular case. He talked about the enfranchisement of voters, or really the disenfranchisement. Obviously, the way this bill has been handled, there is no consensus whatsoever.

I want the member to rely upon a third person, outside of this House and outside the structure of party politics, and to quote from that person as to why Bill C-23 is so good.

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

I agree with you completely.

My next question is for Mr. Shedletzky and has to do with provisions in Bill C-23.

I'd like to talk specifically about the powers that the bill doesn't grant Elections Canada. The ones that come to mind are the authority of the commissioner to compel a witness to testify and the authority of Elections Canada to request documentation from political parties.

Could I get your thoughts on that?

Opposition Motion—Time allocation and closureBusiness of SupplyGovernment Orders

April 10th, 2014 / 12:15 p.m.


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Liberal

Ted Hsu Liberal Kingston and the Islands, ON

Mr. Speaker, during this debate today, we have heard from the members for Western Arctic and Bonavista—Gander—Grand Falls—Windsor. They are from far-flung regions of the country. That is why we have debate and why we should allow all members of Parliament to speak when we are discussing issues related to the foundations of our democracy, as in how to run elections.

The last two questioners are excellent examples of why it is important to hear members of Parliament from all parts of Canada.

When we ask questions about Bill C-23 in question period, we hear pretty much uniquely from the Minister of State for Democratic Reform, who represents a suburb of Ottawa. We keep hearing from him over and over again. That is not as good as hearing from members who represent all parts of Canada.

Opposition Motion—Time allocation and closureBusiness of SupplyGovernment Orders

April 10th, 2014 / 12:15 p.m.


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Liberal

Ted Hsu Liberal Kingston and the Islands, ON

Mr. Speaker, I will give the House another fine example of what the member for Western Arctic is talking about.

The health card belonging to the sponsor of this motion, the member for Bonavista—Gander—Grand Falls—Windsor, does not have his address. His driver's licence has a P.O. box. If when he went to vote the officials were to follow the rules, they would say, “Sorry, you do not have something that proves where you live”. There would be 20 people there saying, “This is my member of Parliament. I know that person lives here and is my member of Parliament. You have got to let him vote”. This is the sort of thing that Bill C-23 overlooks. It is a fine example of how even a member of Parliament does not have the identification to officially prove his residence. Therefore, there has to be some sort of allowance for vouching.

Youri Cormier Executive Director, Apathy is Boring

Thank you very much for having me here.

I am Dr. Youri Cormier and I'm the executive director at Apathy is Boring.

Apathy is Boring is a national youth-led non-partisan charitable organization that has been working to educate Canadian youth about democracy since 2004.

In keeping with our strict non-partisanship policy, we do not advocate on matters of public policy, and this includes not taking a public stance for or against the Fair Elections Act.

Our goal today is to provide an accurate, impartial and balanced analysis of the youth electoral context in Canada in relation to this bill, with the hope that this will be a valuable addition to the current debate.

Youth voter participation is not a partisan issue. Youth do not form a voting block that sways as a whole one way or another. This in fact has been proven by various studies. One example of this is the student vote program, which has shown that high school mock election results roughly mirror actual electoral results. Also, a recent poll found that 18-to-24-year-olds support Canadian political parties in proportions that are similar to those for other age groups. Even the issues they prioritize are roughly the same as those of older generations, including people over the age of 60.

Despite these similarities between generations, voter turnout in Canada is not evenly distributed amongst age groups. Youth vote at a rate significantly lower than that of their elders. This is happening throughout the western world, not only here in Canada.

The other problem is that the decision to vote or not is a habit one develops at an early age. Young people who don't vote in the first two elections in which they are eligible to do so tend not to vote for the rest of their lives.

Study after study has shown that the key factor determining voter participation is motivation. Non-partisan motivational campaigns have had a measurable impact on voter turnout. And the evidence exists to back that up.

We recognize that elected officials and political parties have an important role to play in motivating citizens to vote. That said, non-partisan actors are also key, because they do not have a stake in the outcome of any given election. While political parties may choose to speak to those in their base and to undecided voters—both of which are current voters—non-partisan actors play a fundamental role by encouraging non-voters to become voters, thereby continually renewing the pool of electors and the health of our democracy.

If Elections Canada is no longer empowered to invest in and conduct outreach campaigns that promote voting, who then will actively reach out to non-voting citizens and youth who are deciding for the first time whether or not to vote? Will Elections Canada be able to continue to invest in research projects that aim to understand the trend in youth voter turnout and identify which strategies are cost-effective for turning the trend around?

Another barrier to voting is that youth have high levels of mobility. They move away from home, they go off to college, and they move again to find work—the unemployment rate in Canada for youth is very bad. As a result, these young adults are less often correctly inscribed on the electoral lists.

To make voting easier for youth, Apathy is Boring recommended in a report commissioned in 2008 that Elections Canada could capitalize on changes to ID requirements to increase accessibility to elections. VICs were deemed to be a logical choice, because even before Elections Canada piloted their project with these cards, our research found that many people thought the VIC was an acceptable form of identification because it seemed to contain all the information listed as being acceptable.

Voters may have 39 alternative forms of authorized ID, but the problem is that if high mobility results in someone's address being incorrect on one of these, it usually means that it is incorrect on the remaining ones as well. In such circumstances common to young Canadians, vouching and VICs can indeed facilitate access to voting.

If tighter ID requirements are implemented, it will be indeed crucial to ask this question. What means will be put in place to counter the potentially challenging impacts of tighter voter identification on young eligible voters who are not correctly on the voting list? In attempting to safeguard democracy from administrative risks, how can we also ensure that we do not expose our democracy to another important risk, that is, the immediate and continued decline of youth voter turnout and the impact this might have on long-term voting habits?

A democracy may be very well-administered and free of irregularities, but what worth would it have if this “regularity” came at the expense of citizens opting out of the democratic process?

Apathy is Boring hopes that engaging youth as voters will be an important part of the debate around Bill C-23. We continue to be committed to our non-partisan charitable mission of educating Canadian youth about democracy. And in so doing, we need the support of the many critical stakeholders: government, political parties, electoral agencies, community groups, donors and, of course, youth volunteers.

Thank you.

Opposition Motion—Time allocation and closureBusiness of SupplyGovernment Orders

April 10th, 2014 / 12:10 p.m.


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Liberal

Ted Hsu Liberal Kingston and the Islands, ON

Mr. Speaker, one thing we discovered in talking to people in the last election is that it is hard for students to prove where they live. It is easy for people to prove their identity. Lots of people have pieces of ID with their picture and their name. It is quite a bit harder to prove where one lives. We discovered that a lot of students and young people do not have easy access to that identification. That example is an excellent one.

The member may or may not know that when it comes to the commissioner of elections, I have mentioned it a number of times and it has been mentioned in the press as well, we know that one of the problems with Bill C-23 is that the commissioner does not have the ability to compel witnesses. For example, when we found out that somebody impersonated my campaign manager in my riding, even with those pieces of information we had it was hard for the commissioner to force somebody to testify. We know that voters were misled and told to go to a different poll very far away from where they lived. The commissioner does not have the power to compel witnesses to figure out who did that.

Éliane Laberge President, Fédération étudiante collégiale du Québec

Thank you, Mr. Chair.

The Fédération étudiante collégiale du Québec, or FECQ, represents 21 college-level student associations across Quebec, with a total of 70,000 members.

Since its creation, the federation's first priority has been to advocate on behalf of CEGEP students. The federation also works to increase student involvement in public debate and government.

Our remarks today are based on the efforts of independent and government organizations working towards a common goal: increasing voter turnout among young people and educating the public.

Also underlying our remarks are observations we've made with the help of our members, especially over the past few weeks, in the lead-up to the provincial election. The federation worked actively to get CEGEP students out to the polls and took the time to speak with thousands of them. We have the benefit of being the same age as our members, so they feel they can be open and honest when they speak to us.

Youth voter turnout during general elections is a matter of great concern to the FECQ. We believe it is imperative for young people to assume their rightful place in public debates and for political parties to take young people into account. Our country's well-being and development are at stake. Excluding a generation, whether indirectly or directly, is one of the worst things a country can do.

Voter turnout among Canadians at federal election time has been steadily dropping since the 1980s. In 2008, just 58% of Canadians went to the polls. The trend is even more evident among 18 to 20 year olds; only 38% of them cast their ballots in 2011.

It's a troubling picture because it's likely to get only worse with time. If young people don't exercise their right to vote at their very first opportunity to do so, they will become less likely to vote later on. In other words, poor turnout among first-time voters leads to poor voter turnout overall, down the road. This is a serious problem that requires all sides to do everything in their power to fix it.

We fear that the passage of the election reforms in Bill C-23, especially the changes to section 18 of the Canada Elections Act, will do nothing to make things better. In fact, they will do the reverse.

The FECQ has noted that voter turnout among youth is determined by four major factors. The first is the view that voting is a duty. The second is a solid grasp of the electoral process. The third is an understanding of politics, the way government works, the issues of the day and the political parties, themselves. And the fourth and final determinant is an interest in politics. All four need to be present. Someone who feels a sense of duty to vote but isn't the slightest bit interested in election issues, or doesn't understand how government works, won't necessarily go out and vote.

Clearly, it's not the responsibility of the Chief Electoral Officer to make equal efforts on all four fronts. But we do feel he should at least be mandated to help spread the message that voting is a duty, as is currently the case, in addition to informing people about when, where and how to vote. Section 18 of the act shouldn't be amended to diminish the Chief Electoral Officer's scope of activity.

Keeping up public education is imperative. In 2011, Elections Canada commissioned a study to ascertain young people's motivation for voting or not voting. The study revealed that barriers tied to motivation, so determinants one, three and four, were just as much to blame as barriers having to do with access, so determinant two—knowing when, where and how to vote—if not more.

Naturally, some youth cite not having received information on when, where and how to vote as an excuse. But our experience, especially in recent weeks, has led us to realize that that excuse is often used to conceal a lack of political knowledge, trouble understanding the differences between the parties and a poor grasp of the impact voting has. Only when we told students they needn't be embarrassed about not being experts on political matters did they open up about feeling uncomfortable because they knew little about politics or which party they were going to vote for.

We would tell them about tools to help steer them in the right direction, doing more than just giving them factual information. That could mean, for instance, telling them about the Vote Compass tool on CBC's Web site or providing comparisons between the various parties' platforms. We would stress how important it was for them to vote in order to have their say. And that's what would convince them to cast their ballots.

Of course, making sure young people know when, where and how to vote is important, but so is ensuring they know who they are voting for and why. And that can absolutely be done in a non-partisan way. We did it for four weeks. Bear in mind that a young person won't go to the trouble of voting if they don't know who they are voting for.

The Chief Electoral Officer already provides factual information about the voting process. So we don't understand the desire to pass legislation preventing him from eliminating the second barrier to voter turnout—the biggest one, in our view—motivation. The government's decision is even harder to understand given the compelling evidence that shows motivation is indeed a barrier.

Elections Canada commissioned a study showing that the Student Vote program had a positive impact on numerous factors tied to voter turnout. The program helps young people better understand the political issues and parties, develop an interest in politics and realize that voting is a civic duty, all while introducing them to the voting process. Therefore, the program is active on all four of the fronts that lead to improved voter turnout. The same goes for major public awareness campaigns, which Quebec's chief electoral officer credits with getting 34% of those who see the ads out to the polls.

In conclusion, our position is this. We share the government's concern about providing voters with quality information. Nevertheless, we believe that Elections Canada can, and should, continue to impress upon young voters the idea that voting is a duty, help them better understand our political system and encourage them to become more interested in politics.

Section 18 of the Canada Elections Act should stand in its original form. That would ensure the Chief Electoral Officer retained the independence and freedom to educate the public not just on when, where and how to vote, but also on why voting is important.

Thank you for your consideration. We sincerely hope all the parties will be able to reach some common ground and amend the bill in a way that improves youth voter turnout, not the opposite.

Opposition Motion—Time allocation and closureBusiness of SupplyGovernment Orders

April 10th, 2014 / noon


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Liberal

Ted Hsu Liberal Kingston and the Islands, ON

Mr. Speaker, I would like to begin by making a point about the importance of the legitimacy of government. We trust government with our security, our rights, our tax dollars, and many of our important interests. Even the Conservatives would agree with this point.

Let me give an example. On April 3, when we were debating the last omnibus budget implementation bill, I stood up and asked the Conservative speaker why the omnibus bill had corrections to the previous omnibus bill, which had corrections to the previous omnibus bill, which had corrections to the previous omnibus bill. I said that perhaps we should not be limiting debate but instead taking our time and getting it right for once.

The answer the parliamentary secretary provided was simply that they were right because they won the elections in 2006, 2008, and 2011. That is what the Conservative member said. They are relying on the legitimacy of their own election when they are cornered and do not have a good argument in debate. Therefore, even the Conservatives must believe in the importance of the legitimacy of the people's government, and as far as we know, fair and democratic elections are the most legitimate way of choosing a government.

If we want to have fair, legitimate elections, we have to have a consensus among MPs from different parties if we want to change the rules or the laws surrounding how elections work or how Parliament works under the statutes. Elections and elections law serve the people of our country, not the parties. Parliament serves the people of our country, not political parties.

If we really believe this, then we must accept that all Canadians must have a voice through their members of Parliament when changes are considered in the structure of elections or in the structure of the people's Parliament. These are two of the fundamental institutions of our democracy. During debate, there have to be real answers. There has to be solid evidence that is presented, poked, tested, and confronted. Through debate, questions have to be answered. We have to have real questions, and real debate has to occur.

For example, under Bill C-23, 120,000 Canadians who relied on vouching to vote in the last federal election would no longer have that ability. Why get rid of vouching and risk disenfranchising them or other Canadians who want to vote?

It is not good enough for me to just ask that question here in the chamber on behalf of Canadians. It is necessary for me to demand and insist on a real answer to that question for Canadians over and over again, because so far all I have heard are deflections on that point. We need time to insist over and over again on real answers from the government. At some point, even the Conservatives will become embarrassed by how they are not answering the real, tough questions that are being posed by MPs.

Time is needed for all MPs from all over the diverse parts of our country to be heard. Every Canadian, through their MP, needs to be heard on questions involving the fundamental parts of our democracy. Elections and Parliament are too important to be changed by a partisan bill that a majority pushes through.

Canadians perhaps want to be governed by a majority. Sometimes they will say they want to give another party a chance to govern. What they really mean is they want to hand the ball to the other team, not change the rules of the game. If we try to change the rules of the game, as Bill C-23 proposes to do, we cannot just have one team deciding, especially when Parliament and the clash between political parties is not just a game. It is an adversarial system, and in order to make the best laws and to spend money in the wisest way for Canadians, it ensures that no stone is left unturned.

With Bill C-23, it certainly appears that the Conservatives are changing the rules for elections to help themselves. They would make it harder for students and seniors and aboriginals to vote. Wealthy donors would be able to donate more. Central poll supervisors would come from a list provided by the incumbent party, which in most ridings is the Conservative Party, instead of through the simple option of letting all recognized parties in the House of Commons provide a list from which Elections Canada could choose central poll supervisors.

We have also seen the government try to intimidate the Chief Electoral Officer with some procedural manoeuvres, such as trying to cause votes in order to break up his testimony at committee. Not only do the Conservatives want to change the rules; the Minister of State for Democratic Reform also personally attacked the Chief Electoral Officer and was even publicly reprimanded by former auditor general Sheila Fraser for doing that. To put it in simpler language and draw a picture, the Conservatives want to change the rules of the game to favour themselves, and if the referee protests, they punch out the referee.

In changing the law around elections or Parliament, it is important to do it right, and it is more important to do it right than to do it quickly. There is a case for expediency when managing a fast-moving economy; for example, we have a bill to encourage rail companies to move grain to ports, so there are certain advantages for our country when it is governed by a majority government and majority powers are used judicially. However, when amending the Canada Elections Act and the Parliament of Canada Act, we should be acting as representatives of all of our constituents, not just the ones who voted for us or our parties. Every constituency should get to speak, but with time allocation, not all MPs get a chance to speak. Every MP should get a chance to speak if he or she wants to, and that is why we should pass this motion today.

To conclude, I want to call on all Canadians. I understand that the vote on this motion will take place in a couple of weeks, on Monday, April 28, after Easter. MPs will return to their constituencies and will be interacting with the people who live in their ridings. I am calling on all Canadians to contact their MPs and tell them that they want all Canadians to have a say on laws that change how elections are run. Election law is not made to serve parties that are fighting each other; it is made to serve the people, by ensuring that the vote is as fair as possible and the government that is elected is as legitimate as possible.

To all Canadians I say that if they believe that MPs work in Ottawa to represent the people back home, then their MPs must support this motion. If Conservative and NDP members believe when they go home that they are only the representatives for the Conservative Party or the NDP, then they should go ahead and vote against this motion. I think a lot of Conservative MPs do not believe that, and I encourage them to follow their beliefs and to vote for this motion.

I believe I represent Kingston and the Islands in the Parliament of Canada and I chose to be in the Liberal Party not because I want to represent the Liberal Party but because I believe the Liberal Party is best for Canada. I represent the people of Kingston and the Islands in Ottawa and I challenge the member for Calgary Southwest, who is the Prime Minister, to stand on guard for Canadian democracy and to forswear closure when debating changes to the Canada Elections Act or the Parliament of Canada Act.

Finally, I repeat, I ask all Canadians to contact their MPs over the next two weeks and tell them that they want all Canadians to speak through their MPs if laws about elections or Parliament are being changed.

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Thank you, Mr. Chair.

I have a very specific question for our two witnesses.

I'd like you to give us your opinion on what happened in 2011, in other words, the extensive electoral fraud and the robocalls aimed at suppressing the votes of Canadians. I'd like you to comment on two recommendations made by the Chief Electoral Officer.

Well, actually, since he's persona non grata, we're really talking about the commissioner, who is in charge of investigating election fraud and other problems that arise. The commissioner, himself, asked for these powers, pointing out that they would significantly help him tackle election fraud in Canada.

The two powers in question would authorize the commissioner to compel someone to testify and Elections Canada to require political parties to submit documentation to ensure their elections spending is compliant with the Canada Elections Act.

Do you think Bill C-23 should include those two recommendations, which many people have made?