An Act to amend the Canada Elections Act (preventing and prosecuting fraudulent voice messages during election periods)

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

This bill was previously introduced in the 41st Parliament, 1st Session.

Sponsor

Craig Scott  NDP

Introduced as a private member’s bill. (These don’t often become law.)

Status

Outside the Order of Precedence (a private member's bill that hasn't yet won the draw that determines which private member's bills can be debated), as of Oct. 17, 2012
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Canada Elections Act to make it an offence, during an election period, to knowingly transmit false information, to falsely represent oneself to be an election officer in voice messages related to an election or to assist such fraudulent transmissions. As well, it requires that any registered party, candidate, third party engaging in election advertising or electoral district association must provide certain information related to voice messaging to the Chief Electoral Officer or the Commissioner of Canada Elections upon request. It further requires that a company or other persons contracted to transmit voice messages must provide certain information to the Chief Electoral Officer. The enactment also makes it an offence to contravene these provisions.

Elsewhere

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

Fair Elections ActGovernment Orders

May 12th, 2014 / 5:05 p.m.
See context

NDP

Isabelle Morin NDP Notre-Dame-de-Grâce—Lachine, QC

Mr. Speaker, almost two years ago the NDP tabled a motion demanding more powers for the Chief Electoral Officer, and for the government to present a bill within six months. This motion was unanimously adopted by the House.

In the fall of 2012, in response to the Conservatives' non-action on the bill, my colleague, the member for Toronto—Danforth, presented Bill C-453, which proposed changes to the Canada Elections Act to prevent and punish electoral fraud carried out through fraudulent phone calls. Many of the provisions he suggested are now included in Bill C-23. There is no denying that those concessions by the Conservatives prove the effectiveness of a strong opposition by the NDP and by Canadians, who came together and stood up for our democracy.

Yes, as a result of this strong opposition, the Conservatives have backed down on some of the fundamental aspects of the unfair elections act. Unfortunately, they have also shut down the study of this bill with half of the NDP's common sense amendments still under debate. In good faith, the NDP proposed close to 100 ways to improve this widely denounced bill, but the Conservatives rejected all of them.

The Conservatives have a track record of breaking election laws. The Minister of State for Democratic Reform has been attacking Elections Canada for many years. Bill C-23 clearly attacks Elections Canada by cutting its powers, and this is unacceptable.

Removing powers from the Chief Electoral Officer instead of increasing his power is a huge mistake. Placing the Commissioner of Canada Elections under the Director of Public Prosecutions and rejecting NDP amendments that would have given investigators the tools they need to crack down on electoral fraud is another huge mistake.

With Bill C-23, the commissioner would no longer be part of Elections Canada. The reality is that there is a necessary working relationship between the commissioner and Elections Canada, which includes daily consultation. This change would cause a great loss of expertise and knowledge transfer. Sharing information is vital there, and I am glad that after the NDP pushed back, a government amendment at committee would now allow information-sharing between the Chief Electoral Officer and the commissioner.

The minister has been misleading Canadians into thinking it is a requirement of independence that the commissioner be separated from the Chief Electoral Officer. It is entirely appropriate that the commissioner be integrated within the structure of Elections Canada. In Ontario, Alberta, British Columbia, and Quebec, the chief electoral officers assume all functions.

Thanks to the strong NDP opposition, the government also scaled back its attack on the Chief Electoral Officer's ability to engage in public education, though the government amendment only half removes this new muzzle. The Chief Electoral Officer is now limited to advertising only certain aspects of the electoral process, those being when, where, and how to vote. He is also limited to participating in voter engagement programs only at the elementary and secondary levels. Elections Canada is still prohibited from partnering with other groups, such as university-level programs to engage youth aged 18 to 25 to vote. Some reports suggest that a significant number of young people who pass on voting the first time they are offered a chance are likely not to vote, ever, in their lifetimes. Limiting the Chief Electoral Officer to engage in public education is certainly not a way to increase voter participation, especially among young new voters and demographics that tend to have a lower turnout, such as first nation communities.

The Chief Electoral Officer would also need to seek Treasury Board approval to hire technical experts for conducting research and delivering reports such as the Neufeld report and the IRPP report on fraudulent robocalls in the 2011 election. This is sheer government interference with the work of an officer of Parliament.

Thanks to the NDP and civil society opposition, the Conservatives have amended the bill to allow vouching for addresses. However, this bill still prohibits the voter information card to be used to prove addresses as one of the two pieces of ID.

Voter information cards benefit those people who face challenges in establishing their address when it is time to vote: youth on campus, seniors, and aboriginal people. Prohibiting the voter information card from being used as a piece of ID in an election would deter electors from voting, as indicated by the Chief Electoral Officer.

In fact, the Conservatives should have looked into the Chief Electoral Officer's recommendations for prevention measures, such as providing more training and information to elections staff and volunteers and the need for better recruitment and advance recruitment of election workers. Instead, the Conservatives rejected an NDP amendment on this.

I would like to underscore the fact that some key elements are missing in Bill C-23. This bill would not give more power to the Chief Electoral Officer to request financial documents to ensure political entities comply with their obligations. This was in our 2012 motion. Instead, the bill would grant more power to the auditors hired by political parties.

The Elections Canada commissioner had asked for powers to compel witnesses. The commissioner, who would now be under the Director of Public Prosecutions, would not be granted such powers. Several provincial election laws grant chief electoral officers or commissioners the power to compel persons to appear before them and provide information or produce records. This laws are in place in Alberta, Manitoba, New Brunswick, Nova Scotia, Quebec, Ontario, and Yukon.

Canadians should not trust the Conservatives to stop fraud. Canadians deserve better.

I would like to share some very interesting facts and quotes from witnesses who were questioned by my colleagues in committee.

To put this in context, only 70 people were able to speak against Bill C-23 in committee, and only 22 committee meetings were set aside for an issue as important as changing our elections act. It is sad that the Conservatives think that reforming our country's democracy is only worth 22 committee meetings. We were given just 40 hours or so to study such an important bill.

There are plenty of quotes from people who shared our opinion. They said that major changes needed to be made to the bill. There are good things in the bill, but as parliamentarians, we have to pick bills apart to make sure that they will improve people's lives and democracy in our country. There are already so many people who do not vote. We have to ask ourselves whether this bill will enable more people to exercise their right to vote. Unfortunately, I do not think that we will be able to answer that question.

Just outside my riding, there is an Indian reserve. I would like to quote Teresa Edwards, who was asked about aboriginal voting. When the subject of vouching came up, she was told how great it was that people could use any of 39 pieces of ID to vote. Here is what Teresa Edwards said about that:

...it shows the amount of privilege that's in this room that people have no comprehension of how difficult it could be for aboriginal people to obtain identification.

...This will only further put up barriers for aboriginal people and it can't help but make someone wonder, is that the intent? Is this really democracy or is the intent to actually limit aboriginal voting in the next election?

It is a shame, because we are wondering the same thing about this government. We get the impression that the government does not like some people and that it is trying to prevent them from voting. That is what Ms. Edwards was suggesting in her comments to the committee. To me, that is serious.

As I said in my speech, right now, most young people in our country do not vote.

Last weekend, I met some young people in my riding and most of them told me that they were not sure whether they were going to vote and that they do not trust the current government. They wondered whether things would be different with another government.

I tried to explain to them that the NDP is different. We are not here for politics, power, money or success. We were all elected on a wave. No one knew we were going to be elected. We are here to defend values. That is what I tried to explain to them. It is interesting to note that these are people who did not vote. As I was saying, there are many studies.

Apathy is Boring is a group I have met with often and they tell me that the danger is that people who do not vote when they first become eligible to do so will likely never vote. It is therefore crucial that the government realize how important it is to get young people and first nations to vote and why this type of bill is sad for our democracy.

Elections CanadaOral Questions

November 26th, 2012 / 2:35 p.m.
See context

NDP

Craig Scott NDP Toronto—Danforth, ON

Mr. Speaker, it has now been eight and a half months since the Conservatives voted in favour of an NDP motion to strengthen the Elections Act. The minister continues to say, however, that he is bringing a bill forward “in due course”. The problem is that he agreed to do so by mid-September. Canadians expect action, which is why the NDP brought forward our Bill C-453.

When will the minister bring his bill forward?

EthicsOral Questions

November 6th, 2012 / 2:35 p.m.
See context

NDP

Craig Scott NDP Toronto—Danforth, ON

Mr. Speaker, startling new federal court documents directly link RMG alleged voter suppression calls with Conservative Party headquarters. Conservative scripts on election day notified voters about polling location changes. The problem is that these were four ridings that had no poll changes. More evidence that organized voter suppression occurred in the federal election of 2011.

Will the government commit today to support NDP Bill C-453 to put an end to fraudulent election calls?

Canada Elections ActRoutine Proceedings

October 17th, 2012 / 3:35 p.m.
See context

NDP

Craig Scott NDP Toronto—Danforth, ON

moved for leave to introduce Bill C-453, An Act to amend the Canada Elections Act (preventing and prosecuting fraudulent voice messages during election periods).

Mr. Speaker, as MP for Toronto—Danforth and as the official opposition's democratic reform critic, I rise to introduce this private member's bill entitled, an act to amend the Canada Elections Act (preventing and prosecuting fraudulent voice messages during election periods). Seconding the bill is my hon. colleague the member for Winnipeg Centre. I would like to express my sincere gratitude to him and his staff for all of the work that they have done, which has been crucial in developing the bill.

On March 12, the House of Commons voted unanimously to adopt a New Democratic motion that called on the government to bring forward legislation within six months to amend the Elections Act in the way that the bill seeks to do. It is now well over six months and the Conservatives have not yet acted on the motion. Accordingly, the bill steps into the breach at least for the moment. It now proposes amendments to the Canada Elections Act to make it an offence, subject to severe fines, to knowingly transmit false information through voice messages. In addition, it creates certain obligations to report to Elections Canada in a mandatory framework.

The NDP has taken the initiative by doing the groundwork. No doubt the bill could be improved, perhaps greatly improved, through collaboration with all parties in the House. I look forward to such collaboration.

(Motions deemed adopted, bill read the first time and printed)