Bill C-23 (Historical)

Fair Elections Act

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

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

Committees of the House

[Dan Albas, Conservative, Okanagan—Coquihalla, BC]

Mr. Speaker, while my colleague seems to be on a bit of a roll this morning, unfortunately, it has nothing to do with the discussion at hand of refugees. He seems to be thinking that this debate happens to be about Bill C-23.

I would ask you, Mr. Speaker, to ask the member to come back to relevance and the issue before the House.

Reference to Standing Committee on Procedure and House Affairs

[Jeff Watson, Conservative, Essex, ON]

Mr. Speaker, I know the hon. member has precious few minutes, but she should probably at least talk about the question of privilege rather than Bill C-23.

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

Mr. Speaker, with great respect to my colleague, the question really goes to the substance of Bill C-23.

My colleague cited a statistic that is part of the tapestry of the lack of evidence. The idea is that one-sixth of voter identification cards are in error. It took us ages to figure out exactly what the minister had been referring to when he used that figure. Apparently, 84%, according to Elections Canada reports, are up to date and accurate in the sense that when those cards are sent out, they reach 84% of the people they are intended to reach.

However, what is the significance of the other 16%? It is that people who would have been alerted to the fact that there is an election do not receive them. That is a problem in the sense that it might mean there is much less of a chance that they are going to vote. However, it has no relationship to the potential for fraud, no relationship whatsoever, because the person receiving it has just moved into the house or apartment and does not know was living there before until maybe seeing this. What is he or she going to do with it? Is he or she going to somehow turn into a citizen fraudster because Elections Canada sent the wrong card and the person is going to forge a second piece of ID to use that with? No. That is why the one-sixth figure coming from the minister is itself inaccurate. It is a figure, but it is deliberately not helping people understand the reality. I will not use another word.

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

Mr. Speaker, I do apologize. I thought the concern was that I was using the rest of the title. I was simply trying to get it on record for the sake of the translators. It was not intentional. I was unfortunately too clear.

I was referencing Mr. Ling in this piece just for accuracy's sake. It basically said the minister has yet to explain why he feels there is a danger of citizen fraud. He said that the minister had not explained, and then he said:

...[the] MP for Mississauga—Streetsville, made an attempt during the debate. He told the House that he's seen campaign workers scoop up piles of voter identification cards and then hand them out to dummy voters, and then take them all to the polls.

...unless...[the member for Mississauga—Streetsville] is a superspy, and was stalking those campaign workers (or, unless it was his campaign that was doing it) that's entirely absurd and made up.

You still need a second piece of ID to use those voter identification cards.... It has not been, nor can it be, the sole piece of identification for a voter.

The government should get props for expanding the list of usable IDs, but they've utterly failed to explain why these two changes are necessary.

It was only in reading this that I realized there were some internal contradictions, because the voter identification cards can be used, and have been in recent times in 2008 and 2011, along with another piece of ID. They are a second piece of ID, and they are there primarily to show the address, but they also have the person's name on them.

Therefore the idea is that all of these cards are coming into some, say, apartment buildings; and people receiving them, living in an apartment where it is addressed to a previous tenant, cannot do anything with it because they would then have to say, “I have just been mailed this. It has Joe Smith's name on it and my name is Jim Brown, and now I'm going to have to go and forge some other piece of identity in order to use that card that I just received randomly in the mail, not addressed to me, and put those two together so I can go vote and commit fraud”. It is just completely implausible. So Mr. Ling has picked up on that.

Then the rest of what my hon. colleague was referring to in a couple of his statements, including later on February 13 in PROC, was speculating, because at that point the hon. member was talking about how this was an anecdote. He had heard this about others. He was no longer referring to it as something he had seen. He was talking about how these people must have been taking the voter ID cards in order to go and vouch.

They are two different things. In fact, the minister in his testimony, in response, maybe to this question or maybe to another person's question, made it clear that there are two different things going on. Voter identification cards would be prohibited by Bill C-23. They need a second piece of ID; they are part of formally identifying oneself. Also, vouching is something that occurs without ID; one person is entitled to vouch for another under certain conditions.

So when our friend from Mississauga—Streetsville was, in both his original statements and later statements, linking voter identification cards to their being used to vouch, it just struck me that none of it was accurate, quite apart from whether the eyewitness part was correct. Therefore, I stopped running around, as I had been doing that afternoon and early evening, trying to figure out how much evidence there was of what our colleague had said. I want to make clear that, in a very real-world way, I was misled because I believed the member.

What I believe is going on is probably best captured by my colleague from Saskatchewan, the parliamentary secretary, when he said something about our all going overboard and then, “That is how we are conditioned”. I have only been here for two years, but I honestly do not believe everybody in this House is conditioned to torque, if that is the verb we are now going to use from our friend from Saskatchewan.

We can make mistakes. We can exaggerate, but when we go to the level of telling an eyewitness tale twice on the same day and not thinking the second time that the first time was not right and asking ourselves why we are saying it the second time, then we are in another universe. The universe we are in is that, one way or the other, the minister sponsoring the bill has a severe deficit of evidence when it comes to his professed concerns about fraud, by way of risk or some actuality, because of the use of voter identification cards and the practice of vouching, he would have us believe. He has not been able to come up with one piece of evidence other than a comedy stunt from Montreal.

Therefore, some of his colleagues came to the rescue and said that we need evidence. What better evidence than anecdotes? If it is not them doing this on their own, it could have well have been that there was some kind of a situation where folks were told that they had been around for a while and if they could not prove it, they should just say it anyway and call it anecdotes. That is what we have been getting. If we go through the record of the very short debate at second reading on Bill C-23, it was not simply my colleague from Mississauga—Streetsville who told his anecdote. That is what I am going to call it now. It is an anecdote that he misrepresented initially as an eyewitness account and later at committee indicated was an anecdote.

At some level when we are told to help create an evidentiary basis where there is no evidence, it creates the conditions for someone to step over the line. I went on record before the media a couple times saying I am not prepared to say this was a lie. It was a clear misleading. It was untruthful. I was being fairly harsh, but I said maybe he was just hallucinating, just fantasizing. However, one way or the other he was being stoked by the need somewhere to help the government provide evidence for the fact that it turned Bill C-23 into a bill that makes ordinary citizens a source of fraud in our elections and puts in deep second place organized fraud such as the sort that we do know has happened in our recent history through the activities or databases of at least one political party.

It is indisputable that Bill C-23 has turned everything on its head. The huge focus in it is on somehow cleaning up this problem of irregularities that then get spun as creating the risk of fraud. Initially the minister would have had people believe that irregularities were fraud until he realized that people caught on early that it was not a good connection to make.

My view of the statement that we are all conditioned, from my colleague from Saskatchewan, who I do really respect, is that I will accept that we are conditioned to act in a partisan and sometimes overly partisan way, but I have a very hard time accepting that there is some kind of universal conditioning of us as the elected representatives of Canadians to come anywhere close to uttering the inaccurate words of our friend from Mississauga—Streetsville.

It is very important to know that this is not a minor misleading. I am not here to just talk about the fact that I set off on a path to try to figure out how much truth there was in it. It was partially corrected, 19 days later, because the retraction did not retract everything he said. I will come to that if I have time.

The fact of the matter is that this statement single-handedly would have created the impression, once it was reported, and it was reported among many Canadians paying attention, that there was that kind of problem he presented.

He was an eyewitness, a member of Parliament, to people taking voter cards that had been discarded, probably because they were mis-addressed or someone was so upset with our political system that they had no intention of voting, or something along those lines, and somehow ending up at unnamed campaign offices and handing those out to unnamed individuals. Then, at that point, the eyewitness stuff stops and there is some supposition that they are then used to vote, with the mistaken association between that and using the card for vouching, which I have already explained would be a mistake.

Huge confusion was created by that statement.

I realized this only because I happened to read Mr. Ling's paragraphs that told me that this did not work internally and that it was therefore probably not true. For some 19 days, journalists and Canadians were paying attention to this and wondering how true or not it was. It was serious.

I have to add that it does not make it a whole lot better that two weeks later, 17 days later, our colleague in PROC transformed what had been an eyewitness story into an “I have heard” story. It was really just a matter of saying, “Okay, I'm going to stand my ground. I should have told this as an anecdote. However little evidence there was for it, I am now going to tell it as an anecdote.” He did not just give it a rest and say he had said something extraordinarily inaccurate and step back and not keep digging with his example, especially as a member of PROC, which was considering the bill. He did not.

I think it actually helps to circle back on the fact that, on the government side of House, one way or another, MPs are being encouraged to live in a world of anecdotes to try to give some evidentiary foundations that are not there for a decision by the current government to prohibit the use of voter identification cards and vouching.

It is not a small thing. The figure that everyone in the House probably can recite by heart is that there were 120,000 instances of vouching in 2011.

People may not know there were over 800,000 uses of the voter identification card by seniors and residents of long-term convalescent homes, and by something like 75,000 by aboriginal persons on reserve. Moreover, of the students who were given the opportunity, in a whole series of campus experiments, 62% of them used that opportunity to use the voter identification card as a second piece of ID.

In no instance that I am aware of, and I would love to hear the evidence to the contrary, was there any hint that in any one of those virtually one million there was any fraud. There was not one hint or instance of the one million Canadians using voter identification cards having somehow been involved in fraud.

That goes to what I was saying earlier. Unfortunately, the words of our colleague, the member for Mississauga—Streetsville, did have an impact because they made it look as if that enfranchising practice by Elections Canada was subject to fraud. Elections Canada had determined that it would start using, on an experimental basis, in 2008, which it then expanded in 2011, voter identification cards as a second piece of ID because it was the easiest way, in some instances, to show an address.

However, the member, in one fell swoop, undermined that whole system and indirectly created confusion because the average person had no idea that a voter identification card could not be used on its own. He created confusion, as well, when he somehow indicated that the single card had something to do with vouching, which it had nothing to do with.

I will end there by just going back to my original point, which is that the Speaker has made a correct ruling that this does need to go to the Standing Committee on Procedure and House Affairs. We are all owed a more fulsome explanation than we have received.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I do believe right from the get-go that it is very important to recognize that to intentionally mislead the House of Commons is against our rules and to do so would be in contempt of Parliament.

It is very important that we make it clear what the member stated. I go back to February 6, and this is what the member for Mississauga—Streetsville stated:

Mr. Speaker, I want to talk a bit about this vouching system again. I know the minister represents an urban city. I am from a semi-urban area of Mississauga, where there are many high-rise apartment buildings. On mail delivery day when the voter cards are delivered to community mailboxes in apartment buildings, many of them are discarded in the garbage can or blue box.

I am about to read the important part that needs to be highlighted. This is exactly what he said on February 6:

I have actually witnessed other people picking up the voter cards, going to the campaign office of whatever candidate they support and handing out these voter cards to other individuals, who then walk into voting stations with friends who vouch for them with no ID.

That is what the member stated. That is not a misspeak. This is during very important legislation, Bill C-23, in which the government speaks right from the Prime Minister's Office, as much as possible. Things coming from the Prime Minster's Office are consistent, and this particular member perhaps fell a little bit outside of the speaking notes, and he gave what was at that time, he believed, an accurate statement.

Let there be no doubt that it would have misled individuals if it turned out not to be true. He said that back in early February. I found it very interesting that a few weeks later he stood up to apologize to the House. That was on February 24. He stated at that point:

...I rise on a point of order with respect to debate that took place on February 6 in this House regarding the fair elections act.

I made a statement in the House during the debate that is not accurate. I just wanted to reflect that fact that I have not personally witnessed individuals retrieving voter notification cards from the garbage cans or from the mailbox areas of apartment buildings. I have not personally witnessed that activity and want the record to properly show that.

On the following day, a matter of privilege was raised. On behalf of the Liberal Party, I had the opportunity to respond. I will go to exactly what I said when I addressed the issue of the matter of privilege on behalf of the Liberal Party. I said then:

We should get more clarification from the member on why he waited so long to apologize. Is it because Elections Canada approached the member after reviewing what he said? It is a very serious allegation. Did the member share his concerns with Elections Canada prior to raising them here in the House?

It seems to me that the reason the member stood yesterday is he felt that his statement in the House was going to be looked at seriously by Elections Canada and other stakeholders because the accusation that he made during second reading was serious. There was illegal behaviour within that election which the member would have been aware of, if we believe what he said actually took place.

That is what I said in response to the matter of privilege.

The following day, a story appeared in one of the media outlets. I believe we should give credit where credit is due. I will take this as allegations or concerns raised through a media report. It comes from Stephen Best, the chief agent of the Animal Alliance Environment Voters Party of Canada. He complained to Canada's Chief Electoral Office, Marc Mayrand, about Mr. Butt's claim and was told the case would be referred to the Commissioner of Elections Canada.

I have a quote from that particular article. He said:

“I have asked that EC’s records to be searched to see if the matter of possible fraudulent voting had been brought to our attention either here at HQ or at the Returning officer office for Mississauga—Streetsville. I have also forwarded your information to the Commissioner of Canada Elections for his review and independent consideration of any possible action that may be warranted”, Mr. Mayrand replied, according an e-mail provided by Mr. Best. Mr. Best made the complaint on Feb. 7, the day after Mr. Butt spoke in the House of Commons.

I posed the question to the parliamentary secretary. Straight up, did Elections Canada, the commissioner, or anyone from within Elections Canada, contact the member in question? The parliamentary secretary had indicated that he was not aware of it and that he did not talk about it.

The member for Mississauga—Streetsville should come clean on this issue. We should afford him, as much as possible, the opportunity to approach the PROC committee, on which I sit, in an open fashion and come forward. It would be good to have Elections Canada come before the committee as a witness. It might even be appropriate to ask Mr. Best to come before the committee. What we are interested in is getting to the truth of the matter at hand, which is whether the member for Mississauga—Streetsville intentionally misled the House.

When I look over the information provided to me, with the experience that I have acquired over the past number of years as a parliamentarian, I believe that there are grounds for us to have a thorough look at the matter and ultimately come up with some consensus. I want to underline the word “consensus”. We recognize that the government has a majority. We need to achieve consensus in the procedures and House affairs committee in a manner in which we can deal with this in order to come back to the House.

There is so much more that I could talk about. There is the whole issue of the lack of confidence that Canadians have in what we are currently debating at committee today, regarding the fair elections act. That is the legislation that the member was talking about.

We have some very serious issues. We trust and have to have faith that when members stand in their place, they are in fact reporting accurately. I know that, at times, innocent mistakes will be made. I would suggest that this goes far beyond some sort of innocent mistake. That is what it would appear to be. That is why we in the Liberal Party support the motion going to the PROC committee. We would like to ultimately see this issue dealt with as quickly as possible.

[Tom Lukiwski, Conservative, Regina—Lumsden—Lake Centre, SK]

Is it distasteful from time to time? It certainly is. Is it personal? Many times it is. Do the members on our side do the same? Yes, we do.

Since the Chair has not found the member to have lied, even though my colleagues opposite keep trying to tell that tale, they perhaps should stand up and set the record straight, because the Chair did not find the member for Mississauga—Streetsville to have deliberately misled this House; in other words, he did not find that he had lied, merely that the committee should take an examination and try to clarify the comments surrounding his statements of February 6.

While I know the opposition wants to convince Canadians that there is some nefarious reason behind the comments of my colleague from Mississauga—Streetsville, I would purport to you and everyone else in this place that he merely did what so many of us have done previously: in the heat of debate, he had simply gone overboard.

There is no excuse for that. We do have a responsibility to speak accurately. However, if there is anyone who can stand in his or her place today and say that in his or her entire career in politics he or she has never torqued a comment, never exaggerated a claim, never perhaps gone a little beyond the pale when it comes to making comments during debate, let that person speak now, because that will be the first person that I have found who could make that claim, and I have been in politics an awfully long time.

That is how we are conditioned. That is what we do. It is not right to do so. The member for Mississauga—Streetsville recognizes that, first and foremost. No one else had brought this forward before my colleague stood in his place in this chamber and admitted to the House that what he said on February 6 was not accurate. He apologized for his comments. He set the record straight.

My friend the opposition House leader said that he should not be congratulated for that. I agree. However, at the very least, he should not be condemned for setting the record straight. He did what every responsible member of Parliament should do, which is that when one misspeaks in this House or says something that is not accurate, the member has an obligation to come back and correct the record. My colleague did that. As I pointed out, he did so earlier at committee, when the Minister of State for Democratic Reform appeared.

How can we talk about motivation? My friend opposite talks about motivation. He wants to explore motivation. It is quite simple. We work, live, act, and react in a hyperpartisan environment. There is certainly enough blame to be thrown around on all sides of the House. The opposition will obviously say that this partisanship, this mean-spirited environment and culture we seem to live in these days, is caused by our government. Arguments can be made to the opposite. Again, the members opposite who seem to be doing most of the heckling seem to be the ones who are most prone to making these personal, vitriolic, sometimes hyperpartisan attacks during question period. That is the environment we live in. It is unfortunate.

As a bit of an aside to this, I recall when Jack Layton, the former leader of the NDP, first came to this place as the official opposition leader. He pledged that his party would bring a new sense of decorum and respect to this place. Unfortunately, that did not last very long. I had great admiration for Mr. Layton, as did most of us in this place, and I wish that spirit of decorum and respect that he talked of was evident today. I think this place would be a better place for debate.

However, on the issue that is before us today, I simply state once again what we know. The member misspoke. He came back to this place and admitted that he had not spoken accurately on February 6. He apologized for his comments and not speaking accurately. All of the facts are now known and before us.

This has happened many times in the past in this place, and there have not been findings of contempt in all of the times that I have been here when a member has stood in this place and apologized.

Apparently that is not sufficient for member of the opposition. I can understand that. Opposition parties are trying to score some political points here, and I do not begrudge them that. It is what opposition parties do. They opposed Bill C-23, the fair elections act. We understand that. We understand that they are trying to do everything in their power to delay, obstruct, or perhaps even kill that piece of legislation. I get that. However, that is what I believe is truly behind the motion we are debating today.

If we want to talk about motivation, let us ask what the motivation is for the point of privilege that was first raised, which is to delay discussion of the fair elections act at committee as long as possible.

Mr. Speaker, as you well know, we have here a debate that is procedurally unlimited. No legislation will be brought forward as long as we are debating this point of privilege.

I was somewhat surprised, frankly, that when the motion was made to refer this matter to committee, the opposition did not put a deadline on it, because that would have perhaps forced this question of privilege to be dealt with immediately at committee, which would then further delay any attempts at examination of Bill C-23. Perhaps they will bring an amendment forward to try and do just that. However, that is the motivation that I see, and that is what is driving this debate today.

In conclusion, I agree, and I believe my colleague the member for Mississauga—Streetsville would also agree, that if one does not speak accurately in this place, records should be corrected. If one does not speak with accuracy on any point, whether it be legislation or during debate, it should not be tolerated. However, when is it right to punish someone for correcting the record? When does one become a victim for speaking what one needed to say, which was to correct the record?

I do not think we will be getting much reasoned debate from members opposite on this point. However, I think it is imperative to at least put on the record what we do know: there was no deliberate misrepresentation in the eyes of Chair; the reference to committee was simply to try to clarify and determine exactly what the member said and why he said it.

On that we agree. However, for anything else to be said or to say that there was a deliberate attempt to misrepresent is simply not the case.

Statements by Member for Mississauga—Streetsville—Speaker's Ruling

[The Speaker, Conservative, Andrew Scheer]

I am now prepared to rule on the question of privilege raised on February 25, 2014, by the House leader of the official opposition regarding statements made in the House by the member for Mississauga—Streetsville.

I would like to thank the hon. House Leader of the Official Opposition for having raised this matter, as well as the hon. Leader of the Government in the House and the hon. members for Winnipeg North and Kingston and the Islands for their comments.

I also want to acknowledge the statements made by the member for Mississauga—Streetsville.

In raising this matter, the hon. House leader of the official opposition claimed that the hon. member for Mississauga—Streetsville had deliberately misled the House on February 6, 2014, during debate on Bill C-23, the fair elections act, when he stated that he had witnessed evidence of voter fraud firsthand. He further argued that the matter was not resolved by the statements made by the member for Mississauga—Streetsville on February 24 and 25, where he admitted that, contrary to his original claim, he had not actually witnessed what he had originally claimed to have witnessed. In his view, this was not a simple case of someone misspeaking; he argued rather that it was a case where the member deliberately chose to take something he knew not to be true and present it as eyewitness evidence—something so egregious, it constituted contempt.

The hon. leader of the government in the House noted that the member for Mississauga—Streetsville had fulfilled his obligation to correct the record so that no inaccuracies persisted. He suggested that in and of itself this should be sufficient to “...rebut any concern that there has been a contempt”.

This incident highlights the primordial importance of accuracy and truthfulness in our deliberations. All members bear a responsibility, individually and collectively, to select the words they use very carefully and to be ever mindful of the serious consequences that can result when this responsibility is forgotten.

In calling on the Chair to arrive at a finding of prima facie in this case, the hon. House Leader of the Official Opposition cited my ruling of May 7, 2012, where at page 7650 of the Debates, I reminded the House that, before finding that a member had deliberately misled the House, three conditions had to be met:

...one, it must be proven that the statement was misleading; two, it must be established that the member making the statement knew at the time that the statement was incorrect; and three, that in making in the statement, the member intended to mislead the house.

Arguing all three of these conditions had been met, he concluded that a breach of privilege had occurred.

It was with these criteria in mind that I undertook a thorough review of all relevant statements made in the House on this matter, focusing particularly, of course, on the statements made by the hon. for Mississauga—Streetsville.

Originally, on February 6, he stated:

I have actually witnessed other people picking up the voter cards, going to the campaign office of whatever candidate they support and handing out these voter cards to other individuals, who then walk into voting stations with friends who vouch for them with no ID.

Later that day, he added, “I will relate...something I have actually seen.”

It was only on February 24 that he rose to state:

...on February 6...I made a statement...that is not accurate. I just want to reflect the fact that I have not personally witnessed...[fraudulent activity]...and want the record to properly show that.

On February 25, he returned to the House, characterized his February 6 statement as “an error on my part” and apologized “to all Canadians and to all members of the House”, adding that, “It was never my intention, in any way, to mislead the House”. The Chair takes due note that the member for Mississauga—Streetsville has admitted that his February 6 statement was not true and that he has apologized for his mistake.

As was noted by the hon. Leader of the Government in the House of Commons, we all recognize that there is an enduring practice here of giving members the benefit of the doubt when the accuracy of their statements is challenged. It is often the case that questions of privilege raised on such matters are found to be disputes as to facts rather than prima facie questions of privilege, primarily due to the high threshold of evidence that the House expects.

Speaker Parent stated on page 9247 of Debates on October 19, 2000:

Only on the strongest and clearest evidence can the House or the Speaker take steps to deal with cases of attempts to mislead members.

From what the member for Mississauga—Streetsville and other members have revealed, it is quite clear that the House has been provided with two narratives that are contradictory statements. At the same time, the member for Mississauga—Streetsville stated that he had no intention of misleading the House.

Speaker Milliken was faced with a similar set of circumstances in February 2002 when the then Minister of National Defence, Art Eggleton, provided contradictory information to the House. In ruling on a question of privilege raised about the contradiction, Speaker Milliken stated on February 1, at page 8581 of Debates:

I am prepared, as I must be, to accept the minister’s assertion that he had no intention to mislead the House.

In keeping with that precedent, I am prepared to accord the same courtesy to the member for Mississauga—Streetsville.

At the same time, the fact remains that the House continues to be seized of completely contradictory statements. This is a difficult position in which to leave members, who must be able to depend on the integrity of the information with which they are provided to perform their parliamentary duties.

Accordingly, in keeping with the precedent cited earlier in which Speaker Milliken indicated that the matter merited “...further consideration by an appropriate committee, if only to clear the air”, I am prepared in this case for the same reason to allow the matter to be put to the House.

I therefore invite the hon. House leader of the official opposition to move the traditional motion at this time.

Bilingualism in Canada's Legislative Process—Speaker's Ruling

[The Speaker, Conservative, Andrew Scheer]

I am now prepared to rule on the question of privilege raised on February 6, 2014, by the member for Sherbrooke regarding a technical briefing offered by the Minister of State 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.

I would like to thank the hon. member for Sherbrooke for having raised this matter, as well as the Minister of State for Democratic Reform, the hon. House leader for the official opposition, and the members for Ottawa—Vanier, Charlesbourg—Haute-Saint-Charles, and York South—Weston for their interventions.

The member for Sherbrooke explained that, at the technical briefing he attended on Tuesday, February 4 on Bill C-23, the interpretation provided was often inadequate and, as he described it, “[a]t times, there was little or no interpretation or it was of poor quality.” This, he felt, had the effect of preventing parliamentarians from participating fully in subsequent debate on the bill.

The member went on to note that the protection of official languages in the House is fundamental to ensuring equality among all members.

For his part, the Minister of State for Democratic Reform recognized that no professional interpreters were present for the briefing, but claimed that parliamentarians had been provided all information in both official languages, including the presentation, information sheets, press releases, and the bill itself.

As has been pointed out by the member for Sherbrooke, the guarantee of access to and use of both official languages in parliamentary proceedings, in the record-keeping of those proceedings and in legislation is no less than a constitutional requirement—a cornerstone of our parliamentary system. As your Speaker, it remains one of my principal responsibilities to ensure that members are not impeded in their ability to carry out their parliamentary functions and that their rights and privileges are safeguarded.

In the case of official languages, the House has a long-standing practice of ensuring the availability of professional interpreters during House and committee proceedings. Indeed, this practice extends to many other activities, such as caucus meetings, briefings or any number of parliamentary activities and events. In such cases, if interpreters are not present, the activity is delayed until they arrive, or, if they are not available, the activity is rescheduled. Likewise, if a technical problem arises with the equipment, proceedings are suspended until the issue is resolved. Members will be familiar with this as it has sometimes happened here in the House.

To the Chair's knowledge, during government-sponsored activities, similar norms are observed. This is illustrated in a case brought to the attention of the House on October 23, 2013, when a technical briefing on a budget implementation bill was organized but cancelled when it became apparent that no simultaneous interpretation was available. In the Debates for that date, at page 303, the government House leader apologized to the House, and stated that:

...arrangements have been made to reschedule this meeting and to hold it properly in both official languages with that capacity available for everyone. It is certainly the expectation of this government that all business be properly conducted in both official languages.

Clearly, in that case, the government viewed the absence of professional simultaneous interpreters as a serious matter.

When a situation is brought to the Chair’s attention, it must be assessed within the somewhat narrow confines of parliamentary procedure and precedents. In this case, the member for Sherbrooke is asking the Chair to find that problems with interpretation prevented members from being able to access departmental information and that this constitutes a prima facie breach of privilege.

To arrive at such a conclusion, the Chair must assess whether the member has been obstructed in the discharge of his responsibilities in direct relation to proceedings in Parliament.

House of Commons Procedure and Practice, 2nd Edition, at page 109, states:

In order to find a prima facie breach of privilege, the Speaker must be satisfied that there is evidence to support the Member's claim that he or she has been impeded in the performance of his or her parliamentary functions and that the matter is directly related to a proceeding in Parliament.

In addition, at page 111, it indicates that:

A Member may also be obstructed or interfered with in the performance of his or her parliamentary functions by non-physical means. In ruling on such matters, the Speaker examines the effect the incident or event had on the Member’s ability to fulfill his or her parliamentary responsibilities.

The question before the Chair is simple: does attending a departmental briefing that was delivered without full interpretation meet that litmus test? Speaker Parent's ruling of October 9, 1997, is very instructive, when he states at page 688 of the Debates:

...activities related to the seeking of information in order to prepare a question do not fall within the strict definition of what constitutes a “proceeding in Parliament” and, therefore, they are not protected by privilege.

Today's case is analogous in that, whether a member is seeking information in order to prepare a question or to participate in debate on a bill, the same fundamental definitions and principles apply. Whether a member who is preparing to participate in proceedings—whether through a technical briefing or some other means—is not participating in the proceedings themselves. While such preparation is no doubt important, it remains ancillary to, rather than part of, Parliament's proceedings.

Furthermore, in this case a government department is responsible for the situation which the member decries. On this point, Speaker Bosley stated on May 15, 1985, at page 4769 of Debates:

I think it has been recognized many times in the House that a complaint about the actions or inactions of government Departments cannot constitute a question of parliamentary privilege.

My own ruling of February 7, 2013, reached the same conclusion, when at page 13869 of Debates, I stated:

It is beyond the purview of the Chair to intervene in departmental matters or to get involved in government processes, no matter how frustrating they may appear to be to the member.

The Chair must respect the strict confines of parliamentary privilege in reaching its decision. Therefore, while it appears that the hon. member for Sherbrooke has a legitimate grievance, the Chair cannot conclude that this situation constitutes a prima facie breach of privilege.

That being said, this decision does not diminish members’ need for full and equal access to information about legislation nor does it discount the value placed on the provision of such information in both official languages.

While I cannot provide the member for Sherbrooke a privilege-based parliamentary remedy to his grievance, he may wish to explore other means at his disposal by direct discussions with the minister or raising the matter with the Commissioner of Official Languages.

I thank the House for its attention.

Democratic Reform

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

Mr. Speaker, this weekend, people I spoke with about the unfair elections act expressed deep concerns that Conservative changes could make it less likely that new Canadians will vote. Instead of empowering immigrant communities, the proposed changes in Bill C-23 to remove the ability of Elections Canada to educate risk disenfranchising these Canadians.

Why will the minister not listen to these kinds of concerns and abandon his plan to gut the ability of Elections Canada to educate and engage?

[Pierre Poilievre, Conservative, Minister of State (Democratic Reform)]

Mr. Speaker, according to the former chief electoral officer, the bill is an A minus. The committee, of which all parties have some membership, can work together to turn it into an A plus.

As to the issue of the investigator, he is the watchdog, and the fair elections act would give him sharper teeth, a longer reach, and a freer hand. That is what Canadians have asked for. That is what the fair elections act would provide.

Business of the House

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Mr. Speaker, I am honoured to rise on behalf of the official opposition to ask the government what it has planned for the House for the remainder of this week and next week.

Specifically, this week we are continuing to see the government's refusal to allow the committee studying Bill C-23, the unfair elections act, to travel, consult, and meet with Canadians and hear from them about their own democratic process. The homeless, first nations, seniors, and new Canadians are all groups that will have their ability to vote limited.

We now see the spectacle, as you have witnessed, Mr. Speaker, and we look forward to your ruling, of the government backbencher who tells tales about the phantom menace of vouching, in a ludicrous effort to give his government some backup on this bad bill. He also, at one point, suggested that Canadians could use death certificate identification to vote. That was one of the suggestions he had. These are strange conclusions. I will leave it at that, because this is the Thursday question.

When will the government actually put the member for Mississauga—Streetsville away on this file? He sits on the committee studying this bill, which is worrisome to all or many Canadians.

Finally, New Democrats are willing to confirm committee travel for all parliamentarians studying legislation and doing committee investigations if the government House leader is willing to confirm today that one of those committees, it could be the procedure and House affairs committee, could study and consult with Canadians on their democratic rights in Canada.

Financial Statement of Minister of Finance

[Fin Donnelly, NDP, New Westminster—Coquitlam, BC]

Mr. Speaker, I rise to speak to budget 2014. The government's budget document was over 400 pages, but I must say that it is very thin on ideas and solutions.

The Minister of Finance speaks of returning to a balanced budget, yet this is the government that has created the largest deficit in Canadian history and has delivered eight deficit budgets in a row.

Under the watch of the Conservatives, more than $100 billion has been added to our national debt over the past six years. Their corporate tax cuts have resulted in over $200 billion in foregone revenue over the past six years. At the same time, they are failing to address high unemployment, especially among youth, and record levels of personal debt.

When we talk about managing the economy, Conservatives and Liberals like to sling mud at the NDP, but when we look at the actual numbers, New Democrat governments have the best record of delivering balanced budgets.

New Democrats have a progressive vision for our country, one that promotes a strong economy without compromising social or environmental prosperity. We believe in creating good quality jobs, protecting public health care, providing affordable child care, and protecting our environment. We believe that seniors should not have to work an extra two years before they are eligible to retire. Our vision is affordable and inclusive.

Government revenues would increase by reversing the Conservatives' corporate tax cuts, by creating value-added jobs here at home instead of shipping our jobs and resources overseas, and by ending subsidies to highly profitable oil and gas companies. It is about priorities and prosperity for all Canadians, not just the ultra-rich and well-connected.

This year's budget has been criticized as a Conservative re-election strategy: Do nothing this year, then roll out the goodies before next year's election. It contains many re-announcements of previously committed funds, especially on infrastructure.

My riding has one of the highest commuter rates. Traffic congestion is a daily reality, and infrastructure has not kept pace with our transportation needs. I fought hard to ensure that the Evergreen Line would finally be built, but more work remains. Sewers and waterlines need upgrading, bridges need replacing, and we need more sidewalks and walking paths. The government continues to expect cities to do more with less, to pay for transit infrastructure with uncertain and limited gas tax revenues.

Our region is one of the most unaffordable places to live in Canada. I am disappointed that the government is not addressing affordable housing in this budget. Housing is a basic need, and affordability affects us all, from mortgage rates and property values to the limited supply of quality rental suites. I am concerned about those living in co-ops who rely on a federal subsidy to help pay the rent. Many of these subsidies will soon expire, leaving residents with limited options.

Community groups that provide housing for the homeless and other vulnerable members of society are concerned that the new criteria for the homelessness partnering strategy may prevent them from accessing federal funding.

Housing for those who require mental health care is a concern for many in my riding. We cannot continue to let Riverview Hospital deteriorate before eyes. We need a vision for this site that preserves the land for public use and that addresses the lack of mental health housing in the region.

In this year's budget, the Conservatives continue their assault on public servants and labour unions. They are going after employee compensation through bargaining, focusing on disability and sick leave, despite a PBO report confirming that public sector sick leave is actually in line with the private sector.

Just before Christmas, many Canadians were shocked to learn that Canada Post intends to end door-to-door delivery service, increase the price of stamps, and lay off thousands of employees. These cuts will certainly affect seniors and people with reduced mobility. They also raise mail security issues.

Conservatives seem to think that this is a great idea. Canada Post's CEO even suggested that it would give seniors a chance to exercise more. Only a New Democrat government would defend workers, the middle class, and our most vulnerable.

British Columbia has the unenviable distinction of having one of the worst rates of child poverty in this country. It is not acceptable that one in five children lives in poverty.

This callous response by the government is on the record: “Is it my job to feed my neighbour's child? I don't think so”.

Adopting a poverty reduction plan with targets and a coordinated set of policies is the only proven way to eliminate poverty. However, this requires political will. The government could wipe out poverty among seniors with the stroke of a pen by simply increasing the guaranteed income supplement. Instead, seniors face rising costs on everything from prescription medications to electricity bills.

Last weekend, a team of volunteers joined me in a neighbourhood canvass to talk with their neighbours about affordability issues. People told us that they are feeling nickel-and-dimed to death.

The NDP has put forward simple, practical solutions to help make life more affordable. We believe that the government should regulate outrageous credit card processing fees that eat into small business profits. It should cap ATM fees, which are among the highest in the world. It should crack down on predatory payday lenders and prevent companies from charging customers a monthly fee just to receive a paper copy of their bills.

Many Canadians are unaware of the existing benefits available to them. After hosting a seminar on the disability tax credit, my office helped one family claim $5,500 in a tax refund it was entitled to.

I have also assisted small businesses in accessing government funding for innovation. Small and medium-size enterprises drive our economy and create the majority of new jobs in this country. However, with nearly 300,000 more people unemployed today than before the recession, the government is simply not doing enough. It should be helping SMEs to succeed, not hindering them.

Another NDP proposal for this year's budget asks the government to reinstate the popular ecoENERGY home retrofit program. This program is a win-win. It saves families money, creates good quality jobs, reduces energy consumption, and more than pays for itself in economic spinoffs and tax revenues.

Last weekend I was on the doorsteps. I had several conversations with constituents about Bill C-23, the unfair elections act. They are alarmed by the Conservatives' cynical approach, which they feel will bring American-style politics north.

The Conservatives' scheme to overhaul Canada's Election Act reeks of a government that puts political interests ahead of the national interest. Bill C-23 aims to make it harder, not easier, to vote by scrapping voter information cards and eliminating the vouching system. It restricts Elections Canada from promoting the very act of voting, leaving that responsibility to political parties.

At a time when voters feel alienated from the democratic process, the Conservatives are moving to disenfranchise even more people from their right to vote. Canadians are asking for real electoral reform, not blatant partisan attempts to tip the scales in one party's favour.

I have long held the position that Canada should adopt an electoral system of proportional representation to ensure that voters' expressions are better represented. I was speaking to concerned citizens in my riding last week from Fair Vote Canada, who raised this very issue.

I also continue to hear loud and clear from constituents who are fed up with paying for an unelected, unaccountable, and still under-investigation Senate. New Democrats believe in abolishing this archaic institution and focusing on making Parliament work for all Canadians.

The NDP's vision for our country is one that promotes economic stability without sacrificing social or environmental prosperity. We need a government that understands the realities of today and that is willing to tackle the tough challenges of tomorrow. We need a government that agrees that it is our responsibility to ensure that future generations have clean and safe drinking water, healthy rivers and oceans, abundant wild salmon, and a stable climate.

In conclusion, while there are some positive elements in this budget, I cannot support a budget so thin on ideas and solutions.

Democratic Reform

[Stephen Harper, Conservative, Prime Minister]

Mr. Speaker, the fair elections act gives voters the option of using 39 different types of identification. We will obviously work with voters to ensure that they are able to vote.

Financial Statement of Minister of Finance

[Brad Butt, Conservative, Mississauga—Streetsville, ON]

Mr. Speaker, I rise on a point of order. During debate on Bill C-23 on February 6, I stated in the House that I had witnessed an event that had taken place with respect to voter information cards.

After reviewing the transcript in the blues, I recognized that this was an error on my part. Today, as I did yesterday, I withdraw those comments from the debate portion of my opportunity to speak on Bill C-23 on February 6.

I was referring to information that was relayed to me many years ago when I worked in the rental housing industry, but it was not first-hand knowledge; it came from second and third parties. I raised this at the earliest opportunity yesterday when the House resumed after its week-long break.

I would like to sincerely apologize to all Canadians and to all members of the House for the statement that I made. It was never my intention, in any way, to mislead the House, for which I have the greatest amount of respect.

[The Chair, Conservative, Joe Preston]

Great. Often we have the Clerk and the Speaker. Our supplementary estimate would be for Parliament, usually. I haven't read the supps, so I can't tell you for sure what it is this time, but it usually is that.

That's the best advice I can give you at the moment. I look forward to your talking with each other and coming back.

That's pretty much all of the committee business I wanted to get out there. We will return the floor to Mr. Christopherson on Tuesday, after we return from this weekend, and we'll hopefully get to scheduling this committee's work on Bill C-23 at that time.