Bill C-23 (Historical)

Fair Elections Act

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

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

Fair Elections Act

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

Mr. Speaker, I sincerely thank my colleague from Sherbrooke for his question. It deals with one of the main problems with Bill C-23.

No, it is not reasonable for a government to use its majority to dictate changes to the Canada Elections Act. In fact, this practice is something that is never done in several Commonwealth countries. In Great Britain, for example, they are required to consult their electoral commission, the equivalent of Elections Canada, before amending the elections act. I believe the law in Australia also imposes an obligation to consult the opposition parties before amending the elections act.

These are changes that should not be made without broad consultation and a public consensus, because we are talking about the fundamental rules of our democracy. If people no longer have confidence in those rules, we have a serious problem.

[Erin O'Toole, Conservative, Parliamentary Secretary to the Minister of International Trade]

Mr. Speaker, I know the hon. member wanted me to get up and ask a question after her impassioned speech earlier, so I will certainly oblige. I enjoyed my time on the procedure and House affairs committee with her, and everyone who spent a lot of time on Bill C-23.

My question stems from public opinion research that came to light, ironically the day before our government and the minister accepted substantial amendments to the bill based on commentary in this place and based on people who appeared before committee.

My question relates to vouching. It appears that the vast majority of Canadians, 86%, I believe, including the vast majority of NDP supporters, I might add, agreed with our government that it is reasonable to require someone to show identification when they are voting.

My question is for the hon. member. After all the hyperbole we heard with respect to the decline of democracy with the elimination of vouching, are the NDP keeping that strong position, does it feel that Canadians got it right, or does it agree with the majority of Canadians?

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

Mr. Speaker, I thank my colleague for his question. I have greatly enjoyed sitting with him on the committee. He always asks very interesting questions.

In terms of his question, and in relation to the 87% of people polled, I would like to remind him that the question respondents were asked was whether they agreed that people should have to identify themselves before voting. I entirely agree with that. I am among the 87% of Canadians who believe people should have to identify themselves before voting. The difference is that I think that having someone vouch for a person, and having that person sign a declaration confirming the identity of the person, is a sufficient form of identification.

When people were asked more specifically whether they were for or against abolishing vouching, a majority of Canadians were against. I therefore believe that I am still on the side of the majority of Canadians in opposing Bill C-23.

[Erin O'Toole, Conservative, Parliamentary Secretary to the Minister of International Trade]

Mr. Speaker, I am pleased to rise to offer my voice in this House of Commons on Bill C-23.

I did have the privilege of spending a lot of time, as I said, with colleagues on the procedure and House affairs committee. I also had the ability, particularly as a by-election winner, to follow this issue as it evolved to the present state that is before this House of Commons, which is Bill C-23.

In my brief time that I have, I am going to try to dispel a few myths that still linger out there on Bill C-23.

I have been having great conversations with people in my riding of Durham, and I know people in my riding have been patiently waiting for me to speak on this today. I have also heard from passionate Canadians on all sides of this issue, from people in coffee shops, some passionate University of Toronto professors talking about modernizing our elections law, critiques, positive comments, and that sort of thing. However, the echo chamber and politics around Bill C-23 led to some myths that in many cases still remain out there. Therefore, in my remarks today, I am going to try and dispel some of the myths.

The biggest myth that we still hear in debate in this place is that Bill C-23 came from out of nowhere, with no consultation, no contribution from expert opinion, and that sort of thing, that this was foisted upon Canada, and that it was done with strategic brilliance to favour Conservatives.

The reality is that Bill C-23 comes from the need to fix our antiquated system of administering elections. The “antique” comes from the Elections Canada expert charged with making recommendations on the forum. In fact, Harry Neufeld, at page 24 of his report, said: “...an overhaul is urgently required”.

Why did Elections Canada ask Mr. Neufeld, who served as the B.C. Chief Electoral Officer with distinction for many years, for this report?

Well, Elections Canada asked for it after the calamity of the election in Etobicoke Centre in 2011. We have a fine member for Etobicoke Centre in this place who won a narrow win by 26 votes. However, a lower court in Ontario overturned that result. All election observers recognize that if small margin elections can be overturned so easily, it could lead to a margin of litigation and in fact further lack of confidence in our election results.

Fortunately, in that case, the overturning of the result was reversed and the Supreme Court of Canada held that the member for Etobicoke Centre won. The Supreme Court decision also demonstrated that the system of running elections in Canada was profoundly broken, which led to Mr. Neufeld. In fact, that decision led to a national audit of elections with thousands of polls examined to see where there were errors in the system, including some polls in my 2012 by-election in Durham. That audit allowed Mr. Neufeld to examine the cases of errors in registration, in vouching, and make an urgent plea to modernize our elections law.

Mr. Neufeld was also prescient. We warned that there would be radical resistance because we live in a great parliamentary democracy. Our system seems to run quite well and so a lot of people do not feel there is really a need to reform. However, the Supreme Court of Canada case showed that fraud and irregularities can be considered on par if they result in an election result being overturned. Serious irregularities can lead to that result. We saw that in Etobicoke Centre.

What did Mr. Neufeld's report say about irregularities? On average, there are 500 irregularities per riding. Historically, there are a lot of politicians at the provincial and federal levels with the nickname “landslide”, and they usually get that nickname by winning their first election with a very narrow result.

In fact, most general elections have between 5 and 15 seats decided by 500 or fewer votes. Well, the audit showed that there are at least 500 irregularities or errors per riding. There was a real risk to the margin of litigation and no end to an election result in a community. It is unfair if that community has to wait months for litigation to the Supreme Court of Canada to determine who it is sending to the House of Commons.

Another myth I would like to address is vouching. I asked my hon. colleague a question on that because it was portrayed by some voices in the media that the elimination of vouching was the decline of our democracy as we know it. People were going to be disenfranchised and their constitutional right to vote was going to be struck from them. That is not the case. In fact, there were numbers quoted by some learned people, even before committee, suggesting that hundreds of thousands of people would lose their right to vote because of the elimination of vouching.

The fatal error with that logic is the fact that they did not ask the question to determine whether the person who vouched had any ID. I would note that only a few provinces allow vouching and no municipalities in the province of Ontario allow vouching. To suggest that everyone who used a vouching approach to voting would not have any ID to satisfy the basic registration requirements is simply erroneous. That number was thrown out and repeated many times, even by good members of this place, without any basis in reality.

What was the reality from the audit? Mr. Neufeld looked and 120,000 people in Canada vouched in the 2011 general election. There were 120,000 vouching transactions and he found 95,500 errors. It is hardly something that inspires confidence in a G7 country. They were serious errors. Often there were multiple mistakes made in the vouching process. Someone vouching several times for one person is not allowed, and that sort of thing, but Mr. Neufeld found that 42% of all vouching transactions, almost half, were serious errors. When we connect that with the Supreme Court that showed that serious errors and irregularities are as bad for our system as fraud, clearly something needed to be done. Mr. Neufeld, at page 28 of his report, said that it would be very difficult to fix vouching.

Therefore, we think it is reasonable to ask Canadians to show identification when they vote. Our amendments have also recognized that some people may have difficulty with the address component at registration, so there will be some flexibility built in for those people. However, I sincerely hope that in the future that ambiguity is eliminated so that we can have absolute certainty.

I would also refer people on this subject to the 2007 “Electoral Participation of Electors with Disabilities” report commissioned by Elections Canada. Dr. Prince ran that study that looked at specific groups that were under-represented on voting day. That report from Elections Canada, as well as people who appear before committee, confirmed that voter participation, low turnout rates of students, members of first nations, or the homeless, are not related to identification or registration issues. Their participation challenges are totally distinct and something we should address, but when it was being connected with vouching, it was done in a way to cause unnecessary concern among Canadians.

Finally, we have heard a lot in this place about the 39 forms of identification that Elections Canada provides. I found many people, even media commentators, thinking that those 39 pieces were in Bill C-23. Those forms of identification are outlined by Elections Canada after specific consideration for groups with low participation rates. I have suggested that attestation letters used by first nations, schools, and shelters could actually improve turnout. Those are there now. They were there in the last election.

Bill C-23 is an approach that we feel would modernize a system that has demanded modernization for a generation. Our modest amendments are as a result of having listened to the concerns and would strengthen the bill. I think we are going to have better results, in the future, in our elections.

[Alain Giguère, NDP, Marc-Aurèle-Fortin, QC]

Mr. Speaker, as I was listening to the statements by my distinguished colleague, I noticed that he has demonstrated the truth of Einstein’s words. Einstein defined insanity as doing the same thing over and over again and expecting different results. Once again, we have an ill-advised bill that will immediately be challenged if it is passed. It will be challenged by the first nations, who will be asking by what right the act is being amended to give them less access to the vote. Student associations will be saying the same thing.

The Chief Electoral Officer must have the power and the resources to promote voting among young people and to tell them not only to go out and vote, but where to go to vote. Why is the government stubbornly insisting on enacting a law that has been rejected by all the experts, including the ones it appointed?

I would therefore like to know why we are going to vote on a bill that will immediately be challenged in the courts.

[Erin O'Toole, Conservative, Durham, ON]

Mr. Speaker, the member clearly did not listen to the final moments of my remarks where I showed that Elections Canada's move to the 39 forms of identification, with specific attestation letters for those on first nations reserves, would actually allow a template that could be used now to raise turnout and participation by that community. It is interesting to note that turnouts are higher at some band council elections. There is the ability to run localized and provincial elections. We would now have a better way to do that federally.

I would invite the member to look at the Supreme Court decision that I think sets the stage to show that Bill C-23 would improve our system. The majority opinion there said it would be better to keep the inherent confidence in our system to ask someone to return to the polls with the proper registration materials than it would be to allow somebody to vote who may not be entitled to vote.

[Cathy McLeod, Conservative, Parliamentary Secretary to the Minister of Labour and for Western Economic Diversification]

Mr. Speaker, I want to go back to the issue of vouching. At committee, I understand that there were concerns regarding people who might have some issues with showing their address. I know there were some amendments made.

I wish the hon. member would talk a bit about vouching and tell us again what the issues are, in terms of people needing to present basic ID, the ID that is available, and a bit about the changes that we made. I think they are important changes and, more important, Canadians believe that most people should be able to produce a piece of identification showing who they are.

[Erin O'Toole, Conservative, Durham, ON]

Mr. Speaker, the Neufeld report showed that vouching is extremely difficult to administer. That is what led to the 42%, or higher, error rate. In fact, if we look at multiple errors, 80% of vouching transactions had errors. Why is that? Mainly because Elections Canada officials are well-meaning, on the ground in the ridings, but they tend to work one or two days every few years. Vouching is very complicated and, really, comes from an era when people did not have as many forms of ID on them as they do on any given day.

What our amendments to Bill C-23 would do, to answer the second part of my friend's question, is address the fact that, yes, not enough of the 39 forms have ID. Even though there is the ability for attestation letters to satisfy certain groups, like students or those living in shelters, that sort of thing, we feel that the added safeguard would maximize voting by allowing someone to take an oath as per their residence that would be verified at the polls. They would still need to show identification as to who they are, so that no irregularity or fraud could result, but if they were not able to satisfy the residency requirement, an oath could be administered and they could proceed to mark their ballot. I think it is a good balance.

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

Mr. Speaker, once again, I rise to talk about Bill C-23, the unfair elections act.

We have sat through committee. We have gone through several amendments, the vast majority proposed by the government. I would love to say that I take satisfaction in knowing that two of my amendments were accepted by the Conservatives, but they were just minor fixes, inconsequential stuff. There was nothing major.

My friend is trying to egg me on. I want to thank my hon. colleague from Burlington for his encouragement in getting those amendments passed, albeit diminutive in nature.

[Mike Wallace, Conservative, Burlington, ON]

The amendments or the member?

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

Mr. Speaker, I opened it up for a joke, and I got one.

I want to say that the whole process was a little disappointing.

By way of explanation, it seems to me that the public pressure had been so high and so heated that changes had to be made on their part, especially on vouching. Rather than go through what one would consider the regular process of making changes and amendments at committee stage, the government did it through a pre-study, asked for by the minister and given to the Senate and the Conservative senators there. “Theatrics” is perhaps one way of describing it. However, there were some positive steps in the right direction.

My only problem is that the Conservatives did good measures to a bad bill, but unfortunately, the bill is still bad. In effect, we voted yes to the vast majority of the amendments the Conservatives proposed, but in the end, we voted against the particular clauses, and then in the end, against the bill itself because of many measures.

There is one I would like to highlight. I tried to get a question in earlier, because I wanted to ask some of my Conservative colleagues about the fact that I truly believe that in the next election, one of the biggest mistakes will be realized very quickly.

Not just on election days but on advance polling days, we are going to see a lot of seniors and students with voter information cards. Many people still call them voter identity cards. Those cards can no longer be used as a piece of identification.

Let us remember, people need three elements to qualify to vote. They have to prove that they are Canadian citizens. They have to prove that they are over 18 years of age. The third measure is that they have to prove their addresses, where they live in a riding, to vote in a particular riding. This is what could pose a problem.

I have been in four campaigns. My fifth one is coming up. I remember campaigning and going to many seniors' homes. Just prior to voting day, they would have that card sitting on the kitchen table or pinned to the refrigerator. It was always ready, right there, ready to take, ready to use when they voted. That is now going to be lost because of this. That is unfortunate, because the address on that card was actually updated more than a person's driver's licence, which is acceptable. It is one of the very few pieces of ID published by the federal government, in this case through Elections Canada, that actually has an address on it.

The way I described it in committee was that it is like a boarding pass. People cannot get on a plane without a boarding pass. In many seniors' minds, they could not vote without that card. It was a voting pass that told them that they were good to exercise their right in this democracy.

There are a lot of examples being thrown around the House about vouching, about going into a bar and vouching someone who is above the age of 19, or going across the border and vouching for a person's identity, which people cannot do, to get into another country.

Let us bear in mind that voting is a charter right we have as citizens. It is in section 3 of the charter. Some of my colleagues brought up potential challenges as a result of this. I do not doubt it, but I will not delve into that too much, because it has already been handled.

However, I would like to talk about some of the other changes.

The Chief Elections Officer is now capped at one renewable 10-year term. The opinions and guidelines were also discussed. The CEO now may inform elementary and high school students about the voting process. This is a wonderful process. Groups such as civics students run elections within the school system. These are kids below the age of majority. They go through the exercise, and Elections Canada helps subsidize their efforts to bring democracy into the classroom. It is a wonderful exercise. Although that was not allowed under the original form of Bill C-23, the Conservatives allowed an exemption to do that.

Here is my problem with that. That is good for that particular measure, but what about other measures Elections Canada hopes to invest in to further our principles of democracy by informing and teaching people about how they vote and why it is important to vote? They could be not just for secondary students but also for post-secondary students. There could be programs for first nations. There could be programs on many facets that would allow Elections Canada to bring forward democracy and to advertise in a non-partisan way. The government says that this should be left up to the parties.

I would be disappointed if the only way people could inform themselves about voting in the next election was pinned on negative advertising. We all do it, some more than others. We all partake. The problem with that is that it is not an inspirational, non-partisan way to convince people to exercise their right. I know that the fundamentals about the location and how to do it are contained in this bill, but there are certain things that have to be communicated to individuals that may not be caught up in this bill.

I will give an example. Earlier I mentioned voter information cards, the identity cards. They cannot be used to vote. It should say that on the card, because a lot of people will be disappointed. However, can Elections Canada go out and inform people specifically that they can no longer use that voter information card? These are things that were covered in this bill before. What is happening here is that we are seeing that Elections Canada is being held down in a way that is just not healthy.

Many of us travel abroad. We go for work reasons. We go to Europe. We go to Asia. I went on a recent trip to Mongolia with the Governor General. One individual said to me that they love Canada in many respects, and one of the reasons is the independence of the bureaucracy, and in particular, the independence of Elections Canada. It is a model to be used by countries that are not as experienced in democracy. Mongolia is a prime example of a young democracy. The independence of that agency is sacrosanct. This bill takes measures by which it would put it into a corner and handcuff it in a way that would not allow it to act as the agency that we so love and that many countries revere.

An example is the commissioner. We thought for sure that there was an amendment coming about this. We thought, most certainly, that there would be at least some small modicum of flexibility, but there was none, to allow the commissioner what that person asked for, which is the same type of powers contained in the Competition Act. Instead, the Conservatives have taken that position and put it into public prosecutions. This was not an exercise in independence. This was an exercise in isolation, and that is what is going to be detrimental in future investigations.

The other amendments on some of the loopholes, such as calls to raise money from people who have donated in the past, have been eliminated. That is fine.

As I said before, though, a lot of these measures have made a bad bill better, but they certainly have not made a bad bill good.

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

Mr. Speaker, I want to thank my colleague from Bonavista—Gander—Grand Falls—Windsor for his speech. He worked with us in committee on Bill C-23. I greatly appreciated his various views during the clause-by-clause study phase of the proposed legislation.

I would like my colleague to speak in general about the process followed by the government in the case of Bill C-23, for example, about the fact that there was very little, if any, consultation. When electoral legislation is tabled in a country like Canada, should we encourage such an approach, specifically having the majority impose changes to such a fundamental piece of legislation as the Canada Elections Act? I would like to hear his views on the subject.

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

Mr. Speaker, I first want to congratulate my colleague from Louis-Saint-Laurent for pronouncing the long name of my riding correctly in one go. She is probably the only non-Speaker who has managed to do that, and I congratulate her.

I congratulate the hon. member.

I want to say that the member brings up a valid point.

Just recently I read an article in an Australian newspaper by a famous columnist in Australia who advised his government that what was happening in Canada was the way not to go. Fundamentally, he said that what Canada should have done was bring a draft of a bill to a multi-party committee on electoral matters, which exists in Australia. He urged the government to consult with other parties through the committee process. I would say that we should go even further than that and put it out to the public for their input as well.

The unfortunate thing is that the only time it was consulted on before it hit this House was within the Conservative caucus itself. I would have loved to have been a fly on the wall to see what that bill looked like and how it differed from this bill. It is unfortunate, because due to the rules in the House, we could have put that bill to committee before second reading, which would have been a substantial measure, given the size of this bill. It is not as if the Conservatives have not done this before. When they first got elected, they did it with their first environmental bill.

This would have been the proper way of doing this. I thank my colleague for bringing that up.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I wonder if my colleague might provide some comment on what he said about it being a bad bill with some good amendments and that we need to underline the fact that it still is a bad bill on issues such as compelling witnesses.

Would my colleague like to provide further comment on that?

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

Mr. Speaker, I thank my colleague from Winnipeg North, because I only touched on that briefly.

The power to compel testimony is germane to the issue we have had unfolding over the past year and a half, and that is the robocall scandal we talked about. There were a lot of people who refused to talk to the commissioner on investigative powers because they did not really have to. They were not compelled to testify. They may have known something. I do not think it was just because they were nervous. Obviously, they felt that there was something there that they did not want to talk about that made them nervous, and therefore, it should have been explored.

We had people from the Competition Bureau as witnesses, in particular the person who has the power to compel testimony by applying to a judge. I asked that person point blank in committee, “Do you use this?” Without hesitation, he said, “Absolutely. We use it all the time. It is necessary to enforce the regulations contained within the Competition Act”.

That is the Competition Act. This is the Canada Elections Act, which is connected directly to the Charter of Rights and Freedoms under section 3.