Bill C-50 (Historical)

Citizen Voting Act

An Act to amend the Canada Elections Act

This enactment amends the Canada Elections Act to
(a) eliminate the international register of electors and incorporate all of the information contained in it into the Register of Electors;
(b) require electors who are resident outside Canada to make an application for registration and special ballot after the issue of the writs at each election;
(c) stipulate that electors who are resident outside Canada may only receive a special ballot for the address at which they last resided in Canada;
(d) require that electors who are applying for a special ballot under Division 3 or 4 of Part 11 include in their application for registration and special ballot proof of identity and residence and, if they apply from outside Canada, proof of Canadian citizenship;
(e) require that an external auditor perform an audit and report on election workers’ compliance with special ballot voting procedures and requirements for every election;
(f) authorize the Minister of Citizenship and Immigration to provide the Chief Electoral Officer with information for the purpose of assisting the Chief Electoral Officer to, among other things, delete from the Register of Electors the names of persons who are not Canadian citizens; and
(g) add the offence of voting or attempting to vote by special ballot under Division 3 or 4 of Part 11 while knowing that one is not qualified as an elector and add offences under those Divisions of attesting to the residence of more than one elector and of acting as an attestor when one’s own residence has already been attested to.

Citizen Voting Act

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

Mr. Speaker, ironically, it is indeed a response.

However, it is a response that goes against the decision. It aims to fix things ahead of a confirmation from the Ontario Court of Appeal, or perhaps even the Supreme Court.

It was a very reasoned decision, and I think the government's chances of winning the appeal are no more than 5%. This response confirms that from now on, people will have the right to vote even if they have been outside Canada for five years. The government does not want it to be too easy.

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

Mr. Speaker, to begin I would like to seek unanimous consent to share my time.

[The Deputy Speaker, NDP, Joe Comartin]

Does the member have unanimous consent, as this is the first round of debate, to share his time with another member?

[Some hon. members]

Agreed.

[The Deputy Speaker, NDP, Joe Comartin]

Who is the member you will be sharing your time with?

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

Mr. Speaker, I will be sharing my time with the member for Ottawa—Vanier.

To the consternation of my colleagues, I was not attempting a bait and switch there. I apologize, but I am sure that members have the deepest respect for the member for Ottawa—Vanier, as I and his constituents do.

I want to start by saying many of the points have been brought out already, and by way of background I want to say that I am a firm believer in the Canadian Charter of Rights and Freedoms, where in section 3 it says everyone has a right to vote, providing they are a Canadian citizen and 18 years of age or over. The bill raises a lot of questions as to stifling that ability, and that is why I have questions. As another colleague pointed out, obviously with the majority in the House, this bill will end up going to committee, assuming that all members of the governing party vote in favour of this, and when it goes to committee, serious amendments should be sought. I mean serious.

There is one instance where it is positive. The rest, however, raises many questions, and as my colleague pointed out, may result in some chaos, certainly in the administration of our elections, regarding electors outside of the country temporarily or permanently.

I want to talk about some of the things in Bill C-50. I will get to the Frank decision in just a few moments, but first of all, I want to talk about eliminating the register of electors who temporarily reside outside of Canada and incorporating the information found in it into the register of electors. Basically there is a harmonization process that is going on with the process of special balloting.

When we hear Conservatives and the minister, in particular, talk about the same set of rules for both, a lot is being missed, in the sense that the circumstances are different either way. Remember that what is tantamount or most important is not the administration of this and the efficiency of the administration of this. What is most important is that nobody's rights are violated by denying them the right to vote, which is what people talked about with Bill C-23 and now Bill C-50 regarding the suppression of vote. That is the absence of any accusations of that being the intent.

Nevertheless, there is a level of suppression that is a continuation of what we had last, from vouching now to this, not to mention what the voter information card dismissal brought about in the last round of legislation.

The bill would require Canadian electors who reside abroad to apply for registration and a special ballot after the writs are issued at each federal election, stipulating that electors may only receive a special ballot for the address at which they last resided in Canada.

There are a couple of things here. What made it easier in the past was that people could register to vote living outside the country. Now they could only do it when the writ is dropped, and as pointed out before, the time period is of the essence here. The time period would become so narrow. Again these are special circumstances where voters live outside of the country, so we are making it particularly hard for them to do that, in light of the fact that they do have the right to vote.

The bill would require an external auditor to report on election workers, compliance with special ballot voting, procedure, and requirements for every election, and add the offences of attempting to vote by special ballot while knowing that one is not qualified to vote. It refers to electors temporarily residing outside of Canada, electors residing in Canada improperly attesting to the residence of more than one elector, and attesting to the residence of an elector when one's own residence has been attested to.

What we look at here is that we know the government wants to cut down on election fraud. We have heard all this before. It does not want to send a ballot to an address outside of Canada that could be picked up by a non-Canadian citizen. At the same time, we are reverting to a previous argument. The theme is a solution that is looking for a problem. Once again we find it within Bill C-50.

One thing that was brought about in the bill—and I will get to this right now because we agree with it—is authorizing the Minister of Citizenship and Immigration to provide the Chief Electoral Officer with information to help the CEO to delete the names of non-citizens from the register of electors.

We grant that it is a process that should be done and should be looked at. Virtually everyone in the House would agree that this is the type of measure that should be taken for the sharing of information to make sure we can exercise our right to vote.

The history behind people outside of the country being allowed to vote goes back to the First World War. The soldiers who fought valiantly for us while overseas were given the right to vote. That is a natural extension of being a Canadian and living in the country that we do, which is so great and wonderful. That extension still applies. There are extensions for people who work for the Government of Canada, whether they work for the military or several embassies around the world, to be able to vote as they would if they were residing in this country.

The question I have, and it has yet to be answered, is with respect to the families, particularly spouses or partners, who are eligible to vote but face different rules than do the people who are employed by the Government of Canada. That is problematic because they have to go through the process of re-registering every five years and the others do not. Therefore, there are different rules applying to two different people who are living in the same residence in another country for the same reason. I hope that some of the amendments would address this issue as we get closer to looking at it in committee.

In 1993, the rules were changed further to allow more people the right to vote. However, we again had the five-year rule that if they had been outside of the country for more than five years they were not eligible to vote, which is their right, despite the fact they are above the age of 18 and Canadian citizens. The Frank decision recently decided that was not good because it denies those Canadian citizens above the age of 18 who happen to reside outside of Canada, whether long or short term, the ability to exercise their right to vote under the Constitution.

In looking at the Frank et al decision, I see that section 3 of the charter states:

Every citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein.

The Frank decision posed this to the government to take action. However, there is some confusion in Bill C-50 as to whether that was done. I am not a constitutional expert, but in reading it I have yet to square it as to where the vote of these people who are more than five years outside the country has been protected, because it is not protected at all. I think an administrative nightmare has been created for many of them to do that. In the past they could register once they were outside the country. They cannot do that anymore. They have to wait for the writ to be dropped. That puts them in a tricky situation as far as timelines are concerned. I understand there are some online mechanisms that the minister has pointed to that would remedy this, but by the same token there is still that process.

The verification of signatures for those people outside of the country appears to be absent from this, or I have yet to see it. I hope the minister can clarify the situation. That qualification is no longer there. It would have made it easier to identify and verify those people based on two signatures, one on the ballot and one on the application form, and that would have gone a long way toward helping Elections Canada. That is something we have to look at.

I would also like to talk about vote shopping. The government has stated on several occasions that vote shopping is a problem. For those Canadians who are not aware of what vote shopping is, in its base form, those people can choose the riding in which they want to vote. However, Elections Canada has never stated that it was a big problem or that there was too much abuse and the law had to be changed. I again go back to the theme that it was a solution looking for a problem. Unfortunately, it would impede their ability to vote; it would impede their right under section 3 of the charter. Therefore, in looking at this, we see the government wants to cut down on an abuse that we are not sure existed to any extent, by making it problematic for those who want to legitimately vote in the riding they left when leaving Canada. That raises many questions.

My final point is with respect to this coming into force in only 60 days. I cannot see how Elections Canada can administer all of these rules in that 60-day period.

[Cheryl Gallant, Conservative, Renfrew—Nipissing—Pembroke, ON]

Mr. Speaker, it is interesting that the member opposite prefaced his speech with the comment about bait and switch.

My question is twofold. First of all, does he not see a problem with 40,000 electors on the list not being Canadian citizens? With respect to his last remarks on vote shopping, does he not see the potential for abuse, and perhaps existing abuse, wherein a number of foreign nationals decide to cluster into one riding and cast all of their ballots there?

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

Mr. Speaker, the member may have misunderstood the first point, because we actually agree with the first point. I think what she is getting at is the data sharing with immigration. She used the figure 40,000 and I do agree with that. That is a valid point. Information sharing with Citizenship and Immigration Canada is necessary.

With respect to the second part of her question about accumulating votes into one riding based on what is outside, that is news to me. I did not know that existed and I am wondering if the hon. member could rise in the House and let me know what riding that is.

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

Mr. Speaker, I thought it might be good to follow up on the point about ganging up to try to swing ridings somehow or other. The number of citizens abroad who actually vote suggests that is unlikely to ever be effective, if it ever occurred. Elections Canada will confirm in testimony that it has never seen any organized effort, ever, to try to channel votes to particular ridings using the flexibility that currently exists in the Canada Elections Act to vote where one has a specific number of relatives. It is a fictional concern. The member for Bonavista—Gander—Grand Falls—Windsor put it well to say it is a solution in search of a problem.

Could the member tell me what the big problem is with the current flexibility? If individuals are away from Canada, what says that the last place they happened to live is their most meaningful link to a country? Why would there be this geographic fixation? If students live abroad, is it not just as meaningful to say that where their parents currently live is a valid place for them to exercise their valid right to vote as a citizen?

We are not going to go to the wall to say that the current flexibility of the list should stay, but the fact of the matter is that it is not as if it were an abuse problem either.

I wonder if my colleague could comment.

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

Mr. Speaker, I thank my colleague for the clarification and also for talking about the flexibility within the system.

There seems to be an exercise where that flexibility is being cut at every corner, so it therefore becomes an exercise of blaming them for voter suppression. Suppressed votes will be a result of what the government feels are administrative fixes.

What is the government's responsibility? A government is responsible for allowing a person to vote if that individual is 18 years or over and a Canadian citizen. There are special circumstances for people who live outside of Canada. Therefore in this situation, if they have an attachment to where they came from last, their home, then obviously they should be allowed to vote there. I would not want to give people the right to go all over the country and choose whatever riding they want. Nobody does. In its press release, Elections Canada did not describe that as a problem. I am at a loss to find out how people can gang up, go into a particular riding, and overturn the results based on people living outside the country who get to choose whatever riding they want. That is not their intent either. The flexibility allows these people to exercise their right under section 3.

The second part is the lack of time Elections Canada would have to adjust itself to the new realities in light of the fact that it also has to deal with the realities of what was Bill C-23. It is impossible now for Elections Canada to do this. If the government wants to fix administratively what is happening with Elections Canada and give it some help, then it needs to give Elections Canada some time.

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Mr. Speaker, I would like to thank my colleague from Bonavista—Gander—Grand Falls—Windsor for sharing his time and my colleagues in the House for unanimously agreeing to let him do so.

I have some questions about the bill. I happen to represent a riding where possibly one of the higher number of electors abroad cast ballots, given the fact that Foreign Affairs and National Defence headquarters, and many public servants, are in the riding. I have had a number of people write to me from abroad asking, “What gives?”

The first thing I need to understand, and I hope the government would offer a rationale for this, is that it used to be that Canadians living abroad beyond five years could not vote unless they were members of the Canadian Armed Forces, public servants working abroad, or Canadian citizens working for an international organization of which Canada was a member, such as NATO or the United Nations. They and their families could keep voting if they had been there for longer than five years.

Two students in the United States wanted to vote in the last general election and could not, because they had been abroad for more than five years and were not part of the forces, were not public servants, and were not working for an international organization that Canada is a member of, so they were not allowed to vote. They challenged that in court. That is the decision we heard referred to this morning, Frank et al. v. AG Canada. I have read it, and I will quote a couple of paragraphs from it in my presentation.

The reason I am bringing this up is that the distinction that remains standing in Bill C-50 is the Canadian Forces. They will be able to continue voting, as they did before, but their spouses and families, and certainly public servants and Canadian citizens working for international organizations, will not.

I have had two people write to me who are working as interpreters for NATO. They are Canadian citizens, and they are concerned now, because the rules under which they used to be able to vote would not apply if the bill were adopted.

What is the rationale for limiting this to the Canadian Forces and restricting, through Bill C-50's measures, the rest of Canadian citizens who used to be able to vote even if they were abroad for longer than five years? That needs to be explained.

I will quote two paragraphs from the decision, because I think they may indicate the nature of the debate here. The magnitude of the vote is not all that much. In paragraph 113 of the decision, it states:

I am equally troubled by the notion of what is or is not “fair” to the resident majority of voters. Substantive “fairness” is almost always in the eye of the beholder. To put the issue in context, since the Special Voting Rules were implemented in 1993, a vastly smaller number of non-resident Canadian citizens have exercised their right to vote than expected. Elections Canada estimated at the time that approximately 2,000,000 Canadians were living abroad and planned for 200,000 registrations. In the election that followed, a little over 15,000 special ballots were requested and issued. Over the next several general elections, the number of external ballots issued ranged from a low of 10,733 (in 2011) to a high of 19,230 (in 2000). In the most recent election, in the ten Canadian ridings with the highest number of special ballots, as a percentage of total registered electors in the constituency, the non-resident votes ranged from a low of 0.05% to a high of 0.2%. Also in that election, Elections Canada reported that barely 6,000 votes were recorded from international electors, compared to approximately 26,000 votes from Canadian Forces electors and almost 15,700 votes from incarcerated electors.

The other paragraph I will quote is paragraph 114.

This is comes from the government in its presentation of arguments.

The second objective, concerns over electoral fraud, while less vague than the first, is subject to the same frailties. In this case, the government has failed to identify any particular problem with non-resident voter fraud or of non-resident voting causing an undue drain on Parliamentary resources. Indeed, the only evidence of these concerns at all comes from the speculation of a political science professor teaching at the University of Buffalo - State University of New York, who opines that an increase in non-resident voting “could,” “may” or “might” give rise to concerns in the future. The available evidence from Elections Canada is that there are no documented problems associated with non-resident voting.

The reason I brought these up is that the numbers also show quite clearly that 6,000 of two million non-resident Canadians voted versus 26,000 Canadian Forces members. I am wondering if that is part of the rationale with respect to the first question I asked. It would be good for Canadians to know that.

Also, as has been brought up a number of times, there is the matter of delays. It is true that if 36 days, which is the span of an election, is the time that triggers when one can register, it will cause significant problems. One has to wonder if indeed that is not a way of suppressing votes that would otherwise be more likely to be cast. The question asked by a colleague of the member for Toronto—Danforth is quite accurate. Given that we now have a fixed election date law, why can Canadians who are resident abroad who want to vote not start registering now? If the law says that the election is going to be on October 19, 2015, then it would help Elections Canada, it would help voters, and it would help declared registered candidates. They would be able to approach these folks in terms of trying to convince them to vote one way or the other. Why not now, as opposed to once the writ is dropped? That to me is troubling, and I would like to hear the rationale for that, too.

Finally, there is a question about the last address. Why would people have to register every election, when they did not have to before? I am wondering about that. If they are part of the registry, and nothing has changed in their citizenship and so forth, why must they always re-register, and with the same address? What happens if they have lived in an apartment building that is now demolished and the address does not exist anymore? Will they be able to register if the address does not exist anymore? If the apartment building is gone and all their neighbours are gone, how will they get someone to ascertain that they were indeed living there? It is going to be difficult.

I wonder to what extent the Conservatives might be open to amendments to this kind of provision, because I do not believe they have thought things through completely.

Finally, a number of us in this room have been declared candidates for our respective parties. I have always tried to send some material to Canadians residing abroad who are eligible to vote. If that registry no longer exists, and if they cannot register until the writ is dropped, then obviously, the local candidates, of whatever party, will have a difficult time communicating with these Canadian citizens who are eligible to vote, presumably, but who may be in the midst of trying to register. Therefore, we would have no idea of how to communicate with them, and voters will not have any idea of who the local candidates are.

All of these are issues of some concern. I have received, again, a number of complaints from constituents who are Canadian citizens who would vote abroad, and I hope that these will be answered either here by the minister or in committee, either by the government or by Elections Canada. These are serious matters, and if they are not answered, I would think we would not be able to support such a bill.

[Dany Morin, NDP, Chicoutimi—Le Fjord, QC]

Mr. Speaker, the NDP has long been defending Canadians' right to vote, whether they live in Canada or abroad.

In February 2014, my colleague from Halifax took the initiative and introduced Bill C-575 in order to extend the right to vote to all Canadians living abroad.

Does the Liberal member agree with the NDP that Canadian citizens living abroad should have the right to vote?

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Mr. Speaker, it is not just the NDP that feels that way. I believe that all parties, except for the Bloc Québécois, are in agreement.

In 2006, the issue was raised at the Standing Committee on Procedure and House Affairs, which tabled a report recommending the abolition of the five-year rule. This report was supported by all members of the committee, except the Bloc Québécois members. The New Democrats, Liberals and Conservatives all agreed in 2006.

In fact, it is no surprise that the judge declared this law to be ultra vires given that even parliamentarians were in agreement.

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

Mr. Speaker, I thought I would follow up on the answer just given by my colleague for Ottawa—Vanier.

Back in 2006, when there was agreement by all parties to change this rule, the government of the day then replied to say, “Let us not do this immediately”. It was something along the lines of having to do a comprehensive study of the special voting rules to do this.

Now, 10 years later, I am not aware that any such study was ever done, let alone one involving any committee of the House. Is my colleague from Vanier aware of a study?

[Mauril Bélanger, Liberal, Ottawa—Vanier, ON]

Mr. Speaker, I am aware that it was never done. Indeed, the government responded as my colleague for Toronto—Danforth said. It did not refuse it, but it did not accept it at the time. The government wanted to submit it to a detailed overall study, which should have been done, but it has not been done. That is why we ended up with the Frank et al. court decision, which the government has appealed and has tried to suspend the implementation of. That might give members a sense of where the government is situated on that.

More proof is contained in Bill C-50. If the questions we have asked are not answered, and if the rationale is not forthcoming, transparent, and real, then I think the concept of some sort of selective voter suppression might indeed be at the root of Bill C-50, and that would make it totally unacceptable.