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

[Robert Chisholm, NDP, Dartmouth—Cole Harbour, NS]

Mr. Speaker, that is a great question.

As I tried to lay out, probably inarticulately, this bill seems to balance the playing field very much in the government's favour.

The question was whether the government should have consulted with Canadians. Yes, it should have. It should have consulted with Elections Canada. The minister said that he did. In fact, we know that he did not.

They should have taken some time to make sure the perception that it was just a bill written to protect the backsides of the Conservative Party was, in fact, not the case. Had the government done that, had it gone out and heard expert advice and brought that advice to the House to help put that bill together, we would not be dealing with the mess we are dealing with.

[Michelle Rempel, Conservative, Minister of State (Western Economic Diversification)]

Mr. Speaker, I am excited to speak on this topic today because it is an issue we all wrestle with. I want to spend my time today on a few areas of this bill, such as the voter education component, the vouching issue, access to voting facilities, and some of the measures set out for money and corporate donations, as well as some of the robocall issues in here.

I will start with the education component because it has come up in question period and in debate quite a bit. We should all be concerned with this, as parliamentarians, in a good way.

I asked my colleague opposite why young voters in his riding do not vote and why he had a low turnout. Did members notice that he could not answer? I have asked myself this question for the last three years I have been in my first term of Parliament. I have asked myself this in areas where I have seen lower voter turnout as I analyze the election results. How can I get out and encourage people to vote in this area? I see that as my responsibility as an elected official. I am certain that other people and other parties should be asking the same question.

Moreover, it is not just our job as someone running in a campaign; it is our job as parliamentarians. If we are not asking what issues motivate people to vote, we are not doing our job. Therefore, to make the argument that a government institution is responsible for finding out why people vote is an abdication of our responsibilities as parliamentarians. I cannot believe we are having the argument that we should be somehow divesting that voter persuasion, that issue engagement, and that policy engagement to a government entity. It is false logic. It degrades the democracy we are built upon.

Every day we should be talking to our constituents and asking them what issues motivate them, what makes them want to vote, what they care about, and where they want our party to be on an issue if they care about it so much. Not only is that the policy development process, that is what voter engagement is.

We can talk about social media and websites. I love the Apathy is Boring campaign. Members have talked about using art in terms of encouraging people to vote. Those are tools. That is the how people vote. It is not the why. We cannot shift the responsibility for an inquiry into why people vote to Elections Canada. That is our job. Therefore, every time I hear that come up in question period or whatnot, I want people to look inward and ask themselves why the youth in their riding are not voting.

Moreover, when we talk about why people do not vote, there is an issues component, but sometimes it comes down to a traffic jam, a school dance recital, a lack of child care coverage or transportation to the polls, or a big snowstorm.

I have talked to friends in data visualization. When they look at emergency response around an accident, for example, they look at how people move. It is a behavioural choice to make a decision to go somewhere or do something. Voting is going somewhere and doing something. As parliamentarians and candidates, we also have to look at what behavioural choices people make to go out and vote. That is not a static thing. When we are talking about why people vote, the issues change and what motivates someone changes, so we have to be on top of that. However, we also have to look at what behavioural impacts affect a person to vote on that night and at that time, which is why I find this bill so cool. I will get to that in a minute.

In researching and preparing for this speech, I looked at a paper prepared for Elections Canada in January 2011 entitled “Youth Electoral Engagement in Canada”. It is a fairly robust paper. I note that line one of the executive summary of this report states:

Youth electoral engagement in Canada is declining. Despite this, we do not know much about the causes of this decline.

It is a fascinating paper. It talks about many different reasons that could potentially have an impact on why people do or do not vote. At the end of the day, it talks about the possibility that we may need more data. To say that why people vote could be somehow impacted by a static snapshot in time is a bit of false logic too.

Therefore, when we are looking at who is best positioned to educate voters, it is not just a government department. Should we be entrusting voter persuasion to a government department? I am not sure. I think that is dangerous territory. What we should be asking is how do each of us here better reach out to different demographics in our riding. Do we understand what those demographics are? Do we understand what they care about and why? How do those issues change over time? How does the policy change over time?

On election day, I have to persuade people to go out to the polls, based on the job that I have done and the stands that my party has taken on these issues. Voter persuasion is not an election campaign issue. Elections Canada cannot just go out and persuade people to go vote. It is a term of office. It is a constant thing. Now, all of a sudden we are making an argument that a government institution should be taking the role of a parliamentarian, an NGO, or an educational institution. No, that is wrong. That is the sort of debate that allows us to considerably reduce the efficacy of our democracy in Canada, and I am strongly opposed to it.

I mentioned tools. What do we need to get people to go vote? How do they go out and vote? Let us educate people on where they vote. Let us look at some of those behavioural issues I talked about, like the snow storm, the traffic jams, the school recital. Let us give them more options on when and where they can vote. No one likes to stand in a long line. I know I do not. As my friends know, I am a very impatient person. As my staff members are watching this, they know that as well.

Therefore, for impatient people, how do we reduce the congestion in voting stations? That is what Bill C-23 does. It offers more advance polling days. It offers solutions around staffing, such as in areas of congestion, we would be able to reduce that. We should be tasking an administrative department with the how, with the tools. I really think that by legislating and enshrining that, in a very focused and specific mandate within the bill, we would be doing a great service to Canadians. However, we are not doing a service if we abdicate our responsibility as parliamentarians for understanding why people vote.

My colleague could not answer that. He could not understand why people do not vote in his riding. That is something we should all be concerned about. I am sure that if we got into a debate about how this group or that group feels about an issue, that would be interesting. I could not answer all of that, but I have some data. I have a good sense, based on the survey mechanisms I use in my riding. I do telephone town halls, town hall meetings, surveys, and social media. I try to communicate as many ways and with as many tools as I can, but at the end of the day, identifying what is going to persuade people to vote is my job. It is not Elections Canada's job.

On the vouching issue, I have been involved in politics for over a decade. I feel old saying that, but I spent much of my teen years and 20s spending vacation time learning how to campaign and doing something called “scrutineering”. That is watching people come to the polls and making sure there are no irregularities. I have seen irregularities happen. One just knows when something is happening. I have to think that the ability to identify someone, to take on the privilege of voting in our country, is something that we should not take lightly. Bill C-23 strikes the right balance.

Bill C-23 is saying that one should have the responsibility to identify oneself, but that let us try to provide as many forms of identification as possible to make that easy to do. For those who have been following this line of question in question period and in the House, I encourage them to go to the Elections Canada website, look at option 2 for what voter pieces of information are eligible, and read the list of eligible pieces of ID.

We talked about transient populations, aboriginal people, students who might be in homes, and seniors. Here are some things they can use as ID: attestation of residence issued by the responsible authority of a first nations band or reserve; one of the following, issued by a responsible authority of a shelter, soup kitchen, student or senior residence, or a long-term care facility; an attestation of residence, letter of stay, admission form, or statement of benefits; correspondence issued by a school, college, or university.

We are adding extra voting days through the advance polling days. We are saying there are a lot of different identification components in here. I see it as my job now to go out and make sure that people know this list exists. I had to do a little bit of Internet searching to find this. It is not front and centre.

I do not necessarily agree with all of her opinions, but I respect the member for Saanich—Gulf Islands, who has been a very active voice on this file. In the press release her party issued on February 4 when we released this bill, she said, “To improve voter turnout, we should repeal all the changes, including the photo ID requirement, that make it harder for young people...to vote.”

Right now people do not actually have to present photo ID. They can have two pieces of ID on the list I just went through, and that was not exhaustive. I did not read it all. I believe there are 30-plus different forms of identification that are still valid. If someone as educated and civically engaged as the member for Saanich—Gulf Islands does not know that we do not just have a photo identification requirement, maybe a lot of Canadians do not know what they can bring to the polls. That is the education component that we need. What the bill would do is to make it crystal clear in Elections Canada's mandate that it has to provide that service. It needs to educate voters on what they need to bring to the polls.

There should also be a component in there to make sure that political parties are educating people on what they need to bring. It is my job as a candidate to tell people what they need to bring to the polls in order to exercise their franchise. I do not see that as disenfranchisement. I see it as a collective responsibility to educate people on what they need to bring to the polls to exercise their right to vote.

I think this can be overcome. The research that my colleague, the Minister of State for Democratic Reform, has cited about irregularities relating to vouching provides a good impetus for us to address the issue in the bill. If the data were showing there were zero irregularities with this, we would be having a different debate, but the fact is that it is not. We would be remiss as parliamentarians if we did not even talk about the issue and that there is perhaps a problem here.

I was reading some of the background research that was provided on the bill and I believe that it has been shown that even with increased training for Elections Canada staff, there was still about the same level of irregularities related to vouching. This is a positive step, but having that education mandate focused on Elections Canada to tell people what identification they need to bring, having it front and centre on its website and in its communications, would be a very good and positive thing for the Canadian democratic process.

One thing in the bill that I think everyone will agree on is repeal of the ban on premature transmission of elections results. I was reading my Twitter feed when the bill came out and someone jokingly said that Canadian democracy has entered the age of the telephone. So it goes without saying that given the way that we now consume information as a country, the repeal of the ban speaks to the fact that we are acknowledging free speech rules and that this is just common sense. I am not sure if that has been talked about in debate, but it really is important and should be highlighted in the coverage of the bill.

The other very positive aspects are the rules to be in place around the public registry for mass calling, the prison time for impersonating elections officials, and the increased penalties for deceiving people out of their vote. Some of the measures we are putting in place are very positive for protecting electors when it comes to the information they are receiving about the election, including the creation of a registry of new voter contact services by telephone, and requiring registration with the CRTC of telephone service providers engaging in voter contact and any person or group engaging in the use of telephone service providers for voter contact purposes.

I encourage people to go to the democratic reform website of the government, as this particular component, as well as all of the other components of the bill, are clearly outlined there. It is very important for voters to know what the bill would do in strengthening the rules around robocalls. As well, the fact that we have to keep scripts and a record of how we have communicated to voters is a very good thing.

Another great thing is the increased disclosure requirements for political parties, candidates, and electoral associations, with a specific disclosure line in the election return for expenses incurred under the voter contact purposes by telephone.

The last component I want to speak on today is the financing component.

I often get asked, as we all do, why I ran for office. We always have issues or personal motivation, but part of why I ran was because I could.

When we compare the Canadian political system with the American system, where I believe there was over $6 billion spent on its last presidential campaign, we have a really good system that limits the amount of influence that corporations, NGOs, and any individual can have on our policy deliberations. Everyone in this room has the ability to spend time on policy without being subject to undue influence, because we are not beholden to people beyond a level of materiality that we have legislated in the House. Some of the things that we have talked about in the bill, including closing the political loans loophole, I think are very good for accessibility.

When we look at barriers to women running for office, the ability to raise funds is often something that comes up. Anything we can do to level the playing field and entry barriers for different demographics, who perhaps do not normally participate in the political process at a candidate level, I think is a very good thing. However, I have not heard anyone talk about that today. I have not heard anyone talk about how it is a very positive thing to make sure that people are on the same playing field as others who have access to a wealthy benefactor or lender. We should celebrate this measure.

I also look at the tougher penalties we are putting in place for people who are not in compliance with some of these rules. My colleague, the Minister of State for Democratic Reform, talks about sharper teeth, which are so important. When people break our democratic rules there should be penalties for that. When we look at the elements in the bill to address that, they are a very positive thing.

Also, the clarification of the rules of interpretation of the Canada Elections Act is a good thing for all of us who stand here. We all believe in a system where one is innocent until proven guilty. Knowing what the procedures would be around an Elections Canada ruling and having the ability to sit in this place while those occur is something we have a responsibility for back to our voters. People put us in this place based on exercising their franchise, which has been talked about so much in other components of this debate. To remove someone without concrete cause, I think, is something that we should be very concerned about. It could happen to any one of us here in any party. We are not condoning bad behaviour; far from it. We are saying that the rules associated with the Canada Elections Act need to be stated in a very clear and public way and applied equally in a non-partisan way. I think that is a very positive thing.

One of my purported constituents said, “Stand up for your constituents...and tell [the Minister of State for Democratic Reform] to think hard about what democratic reform really looks like...”.

I think he did. I think it is in this bill, and I commend him for all his work.

[Paul Dewar, NDP, Ottawa Centre, ON]

Mr. Speaker, I listened to my colleague's speech, which covered a lot of terrain. One of the things she was concerned about was young people voting.

Having just had a youth forum in my constituency, one of the things that came up was that they wanted to be able to access their franchise through enumeration.

In parliament in 2006-08, Bill C-31 came forward. The member would remember that it was the bill where the government wanted to put birth dates on the register. That was incredible, and I do not have to tell the member that we opposed that, but that the Conservatives were supportive of it. We finally got the Privacy Commissioner to get rid of it, and I am sure she applauded us for doing so.

My question is this. To get more people to vote, we have a very simple solution. I put it to the minister and he nodded just minutes ago and said it was a good idea. Why do we not have universal enumeration for universal suffrage? It is something we have proposed. I wonder if the member would support that.

[Michelle Rempel, Conservative, Calgary Centre-North, AB]

That is a great point, Mr. Speaker, and why it is important to get this bill to the committee stage. In my experience, there is good discussion at committee, and I certainly hope that suggestion is put forward at committee.

The member brought up the issue of birth dates being put on polling records. I believe the bill specifies that it is just the birth years required. That is another thing this bill would do that actually hones in on that particular issue.

[Scott Andrews, Liberal, Avalon, NL]

Mr. Speaker, I enjoyed the member's speech very much. She is very genuine in her analysis of the bill.

I want to talk about the vouching issue for a second. I respect her opinion on other voters vouching for other voters. I will put that to the side. The concern I have is about election officials, poll clerks, and returning officers at polling stations vouching for individuals. Here is the context I would like to put it in.

Each of us has about 210 polling stations in our ridings, some of which are very small in rural ridings. I am talking about 300 or 400 individuals and about 200 people voting. The poll clerks and returning officers at these stations know their community, they know the voters and their neighbours, and they have been doing this at polling stations for years. If two ladies are out for a walk and decide to go to a polling station to vote and realize they have forgotten their IDs, the poll clerk will say, “I know you are my neighbours and that you live down the street, but unless you show me a piece of ID, I can't allow you to vote”.

Would the Conservatives be open to allowing trained poll clerks and polling officials to vouch for individuals as they come in? It would help encourage people to vote, because if people have to go home to get their IDs, they will not vote. I think it is a reasonable suggestion for polling officials to be able to allow people they know to vote.

[Michelle Rempel, Conservative, Calgary Centre-North, AB]

Mr. Speaker, when I travel abroad, I have been asked if I know Bill Smith in Toronto. While I think there is an assumption that everyone in Canada knows everyone else, without being glib, that is not the case. When we are looking at putting together a national policy on this in the bill, obviously what will work at one poll in one area of the country might not work in downtown Toronto, let us say. We have to be cognizant of the fact that there are regional differences and differences in who knows whom in different areas of the country.

That said, we want people to vote. That is the goal of this bill. As for the situation my colleague mentioned of people going to a polling station and forgetting their IDs, I believe that adding extra time for the advance polling period would be a very positive thing, because it would give people more options on when to vote. Adding the education component to Elections Canada with a very tight and rigorous mandate to tell people when they can vote, how they can vote, and what ID they need is also going to help rectify that situation.

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

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 the blue box. 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.

Does the minister not believe this kind of thing will get cleaned up properly with this bill?

[Michelle Rempel, Conservative, Calgary Centre-North, AB]

Mr. Speaker, what we need to focus on in this bill is the fact that there are so many different forms of ID people can use to vote. There are over 30. I think there are 39. I encourage people to have a look at that. Once Elections Canada starts promoting that vigorously, people are going to understand that this is a positive thing that unifies what it means to exercise the ability to vote and that there is a responsibility there. We have made it easy for people to do that.

On this note, there is one thing I want to add, especially on getting young people to come out and vote. I looked at an article written in the Winnipeg Free Press on June 11, 2012. The article stated:

The youth voting lobby group Apathy is Boring has research showing young people are the group least likely to actually be contacted by politicians or political parties during an election. Politicians and political parties have to get over themselves and start reaching out to youth directly, rather than thinking that they aren't a priority simply because they don't vote.

I hope that when we talk about this bill and our responsibilities as politicians, we are looking inwards and asking what we are doing personally to reach out to people to get them to vote.

[Libby Davies, NDP, Vancouver East, BC]

Mr. Speaker, it is ironic that this bill is called the fair elections act, because in actual fact, it would impact hundreds of thousands of people in a very negative way. I too would like to speak about the vouching and the fact that it would be eliminated under this bill.

In my community, particularly in the Downtown Eastside, there are many people who do not have ID. They may be homeless. They may be transient. I can tell members that the vouching system has been a very important tool to allow people to use their right to vote. To simply eliminate that because of alleged wrongdoing is like taking a sledgehammer to a fly. It is like eliminating a whole class of people.

I think this is a very class-oriented bill. It does not say anything about enumeration. It does not bring back proper enumeration. If people are property owners, then they are fine and are probably on the voters' list, and everything is okay. However, this is a bill that would hammer low-income people, homeless people, and people who are marginalized in our society. They have as much right to vote as anybody else.

I would like the minister to respond to that.

[Michelle Rempel, Conservative, Calgary Centre-North, AB]

Mr. Speaker, I completely agree. The ability to vote is something we should all carry close to our hearts and fight for with all the people we represent.

To my colleague's point, she made an assumption that there are not forms of identification that can be used for those groups, and that is not true. There is an attestation of residence issued by the responsible authority or first nations band or reserve or a letter from a public curator, public guardian, or public trustee. One of the following can be issued by a responsible authority of a shelter, soup kitchen, students' or seniors' residence, or long-term care facility: an attestation of residence, a letter of stay, an admission form, or a statement of benefits.

What we all need to do is ask how, within our own campaigns, we educate people and encourage them to go out and seek those forms of identification, given that we have now increased the time during which people are allowed to vote during a writ period.

[The Acting Speaker, Conservative, Barry Devolin]

It is my duty, pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Malpeque, Employment Insurance; and the hon. member for Acadie—Bathurst, Rail Transportation.

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, I will be sharing my time with the fine member for Rosemont—La Petite-Patrie.

I would have liked to see the minister who just spoke answer the following question, which is perhaps more appropriate: How can a government become a majority government with barely 39% of the votes of the 61% of Canadians who voted? Clearly, there is a serious problem with the way we do things.

I agree with the minister that members of Parliament should not be the only ones wondering what is really happening with the elections process and democracy in our great and beautiful country. That also concerns me.

Furthermore, I am proud to say that, with 62% of the votes in my riding, I felt I was in the driver's seat. I felt I was representing my people. However, I am not proud that only 63% of the people of Gatineau exercised their right to vote. That means that 37% of the population chose to stay home rather than to exercise a fundamental right.

In some countries, people kill each other for the right to vote. They make huge sacrifices for this fundamental right.

We have a rather worrisome problem on our hands and it is not improving. With a bill like this, it is quite cynical to say that we are debating it. As my colleague from Vancouver East said, the title of the bill is the Fair Elections Actfair elections act. In French, it is theloi sur l'intégrité des élections. The intent is to make people believe that it will solve a lot of voter participation problems.

I think the message that the government is sending to Canadians and voters is a message of sheer mistrust.

In their speeches, the Conservatives make much of the fact that people cheat at election time. We heard that a few minutes ago right from the mouth of the minister of state. People are fraudulently vouching for people who have no identification. That fact alone is justification for disenfranchising masses of people who may have no easy access to pieces of identification, with due respect to the minister and all her lists.

It is already complicated enough for Canadians to understand the system and to find out where they have to go to vote. Some people have voted in the same place all their lives and then, suddenly, the polling station is not there any more.

Everyone who has been part of an election day knows what I am talking about. They know just how many questions they are asked that day. It does not matter that people have received their voter card or that they have seen newspaper ads about the date of the election and where they have to go to vote. Our volunteers get a lot of calls. We have a problem getting information to people.

What is the government's solution? It is to take away one of the ways people had to become informed and that was working very well. The Chief Electoral Officer and the institution we call Elections Canada are neutral and non-partisan, with all respect to our friends opposite. The institution is all about exercising democracy.

I remember sitting on the Standing Committee on Procedure and House Affairs in 2004 and meeting Jean-Pierre Kingsley, the chief electoral officer at the time. Members of Parliament were very proud to see the respect given to the chief electoral officer and the institution we call Elections Canada. For several years, there has been a kind of incredible tug-of-war going on under the noses of all Canadians concerning actions and investigations linked to the Conservative government.

Suddenly Elections Canada is biased. The chief electoral officer the Conservatives appointed is wearing a uniform, but not in their team's colours. Therefore, the Conservatives are responding with this bill.

We cannot help but be cynical when once again we are up against time allocation. We keep being told to read the bill and that it is not complicated, but it is 244 pages long. I started reading it carefully and realized that some parts of it are very technical. There is no logic to it; it is a mishmash. It is not entirely clear. Given the motion of the House Leader of the Official Opposition, not only did I look at the French, but I also checked whether the English said the same thing because I now have some doubts about that.

I see there is a discrepancy between the two titles: Loi sur l'intégrité des élections in French, and fair election act in English. Perhaps my English is not the best, but in my mind “fair” in English would be “juste” in French. Next, the French word “intégrité” would be “integrity”, which relates to honesty. There are also mistakes in the summary. It is a bit worrisome, just as it is to impose time allocation to debate a bill that affects a fundamental right to vote, namely, how to get it and how to access it. Many of my colleagues have asked questions, which the government members have done an incredible job of evading.

I am old enough to remember the good old days when people knocked on your door to find out how many voters lived in your house. The people asked you questions and wrote down the answers on the voters list. Next, they did the enumeration and revision of the lists in order to make sure that all the names were written down correctly. That method was eliminated, as though democracy had a price and the government wanted to show how good it is at managing public funds. It is particularly shameful to cut things that affect democracy.

This creates huge problems. I understand my colleagues who are from large rural ridings, especially my friends from Beauce and other areas in the interior of Quebec and Canada's far north. They have to cover huge territories over which small pockets of people are spread. Their situation is certainly different than that of a large city like Gatineau, the fourth largest city in Quebec. In Gatineau, the problems have more to do with the number of new developments. There are people who are not on our voters lists at all and are difficult to track down.

I will refrain from characterizing the comments made by the minister of state, who said to just do the work. I would love to take my scooter or my car and drive through all the streets, which I do anyway in an election campaign, but it is a bit much to suggest that we go and knock on all the doors and count everyone.

I am not saying that we should not do so; on the contrary. I think everyone in the House would do well to encourage their constituents to vote. Besides, no one is more active than I am on Facebook. While I was debating, I was communicating with the people of Gatineau on Facebook to hear what they think of the bill. The Conservatives might not be so happy to hear some of the comments I am receiving. However, that is normal, because they are probably from party supporters.

Am I the right person to encourage all voters in my riding and to do the work of the Chief Electoral Officer? I really like myself and I am confident that I can be impartial, up to a point. However, I have to admit that I do not know who I would encourage to vote if I had to choose between someone who would vote for me and someone who would not vote for me. I do not think that a Conservative would encourage an NDP supporter to go and vote.

The major fault of this bill is the lack of balance. For those listening, I repeat that this bill is 244 pages long. It is not simple. We have to really digest it. It is in the Conservatives' interest to broaden the debate as much as possible.

[Kevin Lamoureux, Liberal, Winnipeg North, MB]

Mr. Speaker, I want to touch base on the process. When we think of process and the fact that we are talking about Elections Canada and reforming our election laws, this law, more than many other laws that have come before the House, shows that the government has a responsibility to work with the different stakeholders in advance of bringing forward legislation.

I was a member of the Manitoba legislature for many years and had a relationship with Elections Manitoba. There was a sense of co-operation with Elections Manitoba when it came to changing legislation. It seems that there is a vacuum with respect to that here at the national level.

One would have thought that the government, working with opposition parties, would have generated a number of things that need to be changed, while working with Elections Canada. That does not exist and that is a problem.

Could the member provide comment on that and maybe provide further comment with regard to the likelihood of amendments, which is another issue I will talk about a bit later?

[Françoise Boivin, NDP, Gatineau, QC]

Mr. Speaker, consultation is always preferable. It seems that this government is at war with every democratic institution. It is also at war with the Supreme Court of Canada. It is jeopardizing the Supreme Court's impartiality and reputation with its stupid stunts. The same can be said for its vision of the courts in general and the Chief Electoral Officer.

It is really not surprising that the Conservatives did not consult anyone. Their idea of consultation is to invite someone to their office to say what they have to say. They believe that is what consultation is all about.

I consult with my election workers, my people and my team to find out what problems they saw and what happened. Then we give the information to our returning officer, who forwards it to the Chief Electoral Officer. The latter can speak to the Minister of State for Democratic Reform. Listening to the people would result in much more intelligent legislation. We might get good suggestions.

This work is ongoing, but I am not very optimistic that this government is serious about it.

[Mike Sullivan, NDP, York South—Weston, ON]

Mr. Speaker, the reason for the rainbow tie and pocket kerchief is to add solidarity to our friends in the LGBT community, particularly in Russia as the Olympics begin.

The minister has on several occasions suggested that 25% of the people who are vouching are not eligible to be vouched for, and that is not the case. That is not what the court said. The court said very clearly that there was no evidence of fraud whatsoever. The clerks in the polling stations were not sufficiently trained to do the paperwork properly. That is what happened.

Instead of urging Elections Canada to fix that problem, to better train and supervise the clerks, the government is throwing out one of two ways for people to get on the election list. It is both that are the problem. There is only a small percentage of people who are being vouched for, but there are almost one million people who go to the polls without being properly on the list and who have to prove their identity some other way. They have to be allowed to vote based on information not on the list and information having to be done.

Would the member like to comment on these inaccurate comments made by the minister?