Mr. Speaker, as is the case when we are dealing with time allocation, usually that means that because the number of speakers is limited, York South—Weston is not represented in the debate on any particular bill.
By the way, I will be sharing my time with the member for Rivière-des-Mille-Îles.
Usually York South—Weston does not get to be represented when there is time allocation because it limits the number of speakers in total to something like 5% of the members of Parliament and that is essentially what is happening here, although today, I happened to be here during the one day that the government has allowed for debate on the bill. On the 95th occasion, I think is a record for any Westminster parliamentary democracy in the world in terms of the number of times that debate has been curtailed or stopped in a sitting of Parliament.
The notion that we are dealing with this under time allocation means that a total of six and a quarter hours will have been spent on debating the bill over the course of its life in the Houses of Parliament and the bill has some serious flaws. We have mentioned already that the bill has eliminated the ability for there to be a permanent list of electors and that list is how people who live outside of Canada could remain on the voters list without having to go through hoops each time.
When asked why the bill was coming forward, the member opposite said it is because there are 40,000 non-Canadians on the list of electors, so estimates Elections Canada. That is not why the bill is coming forward. It is coming forward because the courts have told the Conservatives that it is illegal under section 11(d) of the Canada Elections Act to deny Canadian citizens the right to vote, which is what the law did. It denied the right to vote to Canadian citizens who happened to live abroad for more than five years.
We put forward Bill C-575, a good bill that would have repealed section 11(d) of the law in such a way that we would have done away with the requirement to be outside of Canada for less than five years. The Conservatives did not like that and brought forward their own bill and I think it is telling that the member opposite suggested that is not the reason for bringing the bill forward. The Conservatives are continuing with their appeal of the Frank decision to appeal the court decision that says that it is the right of any Canadian citizen to vote in an election. I agree with that right. I think it is the right of any Canadian citizen to vote regardless of how long they have lived outside the country.
However, the Conservatives, as is the case every time the courts tell them the laws they created were wrong, have created a system that makes it worse, that makes it more difficult and is going to apparently live up to the spirit of the decision, but not the letter of the decision because it will become incredibly difficult.
I asked the member opposite whether, given that Elections Canada will now have the responsibility in every election to process all persons outside Canada every time, it will be given extra resources to do that because it will not be able to spread that out over the period between elections as it now does. It has to do it only when there is an election. As a result, I do not believe Elections Canada is going to have the resources to do it, but the member opposite would not confirm or deny. All she said was they think Elections Canada has lots of resources. That is not a proper answer.
We believe that this change in legislation is going to make it more difficult for all persons living outside Canada, not just those people who are out there for more than five years, but all persons living outside Canada. The effect of that will be to further reduce the number of people who actually vote in an election. It seems to be the Conservatives' mantra to keep people from voting because if people vote maybe they will not get elected. That is apparently what drives a lot of what the Conservatives have done.
I am going to give the example of my brother who is a dual citizen. He was born in Canada to American parents, so the U.S. has determined he is an American citizen as well. When he was living in Canada some 15 or so years ago, he was a lawyer working for a big multinational firm that decided to move his job to the U.S. After much internal wrestling, he decided he had to go with that job and he has lived in the U.S. ever since. For the first five years, he was able to vote, but he has not been able to vote for the last 10 or so years. He would have been on a list of electors for some time.
Now, he would have to prove where he last lived 15 years ago. If I know my brother, he may have kept his rent receipts but I do not know. I certainly would not have. He has to prove it, and if he cannot prove it, if he has no documentation that shows his previous address, he has to find someone who lives where he last lived to swear that he or she knows him and that he did live there. That was 15 years ago and he lived in a small apartment building in downtown Toronto. I doubt very much that he knows anybody in that riding who can vouch for the fact that he lived there. The Conservative answer to the court decision is to make that become the necessary step by which someone would need to become registered to be a voter.
I come back to the problem that it has to all be done within the writ period. He cannot get the form until after the writs. He gets the form, finds somebody who remembers him when he lived in an apartment building in downtown Toronto 15 years ago and gets that person to swear out an affidavit because it has to be an oath. I am not 100% certain whether the person has to swear out an oath in front of a justice of the peace in Canada or if it can be somewhere else, but it is the Canada Evidence Act that the Conservatives are using. Those two hoops alone would eat up the first 15 days after the writ drops.
He has 14 days left, so he fills in the form and sends it off to Elections Canada by mail, or maybe by courier if it will accept things by courier. Assuming that there are 14 days left, because he only has 29 days to act on this, then Elections Canada has to put his application into its queue. There is no obligation on Elections Canada to process it in a timely manner, it just has to process it. The only requirement is that once Elections Canada has sent him the ballot he has to return it, such that Elections Canada receives it six days before the actual election day.
It is not likely going to happen that my brother would be able to meet all of these requirements in that 29-calendar-day time period, given the vagaries of Canada Post. There is no indication in this bill that Elections Canada would have to find some fast way to get the ballot to him either. If he needs to get a ballot within a short period of time, the most appropriate way would be to courier it to him but I doubt very much that the current government thinks highly enough of the voters living outside Canada to use couriers to get them the ballot.
It is a problem that is being created by the government to suppress votes again. That is what we have seen time and again from the Conservatives whenever they have talked about election reform and voting reform. It is to ensure that people do not have the ability to vote, that for people who are on the margins of society or, in this case, on the margins of Canada, who live outside of Canada, it would become extremely difficult for them to vote. I would be willing to bet that very few people who live outside Canada would be able to cast their ballot in a meaningful time frame and would therefore be disenfranchised by these rules.
That comes back to the court decision, which says Canadians, regardless of where they live, have a right to vote in a federal election. If the Conservatives put forward a law that would deny them that right through timing or other extraneous means, it would be in violation of the charter again, of the Constitution of this country. That is why Mr. or Mrs. Frank went to the courts in the first place.
I welcome any questions.
