Evidence of meeting #22 for Bill C-2 (39th Parliament, 1st Session) in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was amendment.

On the agenda

MPs speaking

Also speaking

Joe Wild  Senior Counsel, Legal Services, Treasury Board Portfolio, Department of Justice
James Stringham  Legal Counsel, Office of the Counsel to the Clerk of the Privy Council, Privy Council Office
Marc Chénier  Counsel, Democratic Renewal Secretariat, Privy Council Office

5:25 p.m.

Senior Counsel, Legal Services, Treasury Board Portfolio, Department of Justice

Joe Wild

You have us speechless.

I'll take a shot at this, I guess, as best I can.

There's certainly nothing in the Canada Elections Act, as it currently reads, that precludes an individual from making a contribution, and it doesn't describe individuals based on age. There's nothing in the current law that would stop an individual from making a contribution just because they happen to be under 18 years of age.

I'm not sure if there's much more that the member was seeking, Mr. Chairman, so perhaps I'll leave it at that.

5:25 p.m.

Conservative

The Chair Conservative David Tilson

Okay.

Ms. Jennings

5:25 p.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

Under the Canada Elections Act, the section that currently deals with contributions to political parties, to electoral candidates, to leadership candidates, whether it's at the national party or the local riding association level, states that a minor is able to legally donate up to the legal limit for an individual--a physical person--which for the year 2006 is $5,400. Is that correct?

5:25 p.m.

Counsel, Democratic Renewal Secretariat, Privy Council Office

Marc Chénier

That's correct.

5:25 p.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

My understanding from the testimony that we've heard--including a statement I believe from Maître Chénier--is that the Chief Electoral Officer has publicly stated that the average annual donation by an individual is under $200 a year.

5:25 p.m.

Counsel, Democratic Renewal Secretariat, Privy Council Office

Marc Chénier

That's also correct.

5:25 p.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

This committee voted against putting an age limit on the capacity to donate. Now we're being asked to say that it's okay if a minor donates, and that it's even okay if a minor donates the maximum amount, which now is $1,000, not $5,400. That's not abhorrent, as long as we put it under the column that's listed under that minor's parent's name or legal guardian's name. But as Mr. Murphy--who I believe made the point--said, parents do not necessarily share the same political views as their children and may not belong to the same political party as their children.

5:25 p.m.

A voice

My dad was a Conservative.

5:25 p.m.

Liberal

Marlene Jennings Liberal Notre-Dame-de-Grâce—Lachine, QC

Yes.

Therefore, I think parents might just have a problem with the tax credit and the limit being applied to them when it's their child making the donation. That's the first point.

Secondly, it says it would be “considered to be made by the parent of the minor”. Well, if a minor has two parents, both parents work, and they file individual tax returns, then how is the Chief Electoral Officer going to determine which parent gets...? Under what column is it going to be? Is it going to be under the column of Marlene Jennings, or is it going to be under the column of her husband if their minor child decides she's going to donate money to the Communist Party of Canada or the Marxist-Leninist Party.

For instance, if she's going to donate the maximum on January 1 of a particular year, and let's say the maximum is still $1,000, then presuming that I'm still an elected member of Parliament, I will not be able to donate to my own riding association, to my party. My husband will also not be able to donate to whatever political party he wishes to support and, if it's an election year, to whomever candidate he wishes to support.

I think there's a real problem with this particular amendment. As a result, I will not be supporting it.

5:25 p.m.

Conservative

The Chair Conservative David Tilson

Okay.

Mr. Lukiwski.

5:30 p.m.

Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

Yes. I just want to get this on the record. While I support the spirit of what Mr. Martin is trying to achieve in this amendment...I listened to the argument Ms. Jennings put forward. In reality, Ms. Jennings makes a fairly good point. I wish we could accommodate both interests somehow, but I think I'm going to be supporting the position of Ms. Jennings. Her argument hit home

5:30 p.m.

Conservative

The Chair Conservative David Tilson

Mr. Martin.

5:30 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Thank you, Mr. Chair.

If might, just to sum up, Ms. Jennings used the word “abhorrent”. What was abhorrent was the abuse by a Liberal leadership candidate to exploit these children in an egregious way. That's what made it necessary for us to attempt, at least, to have a fair try at fixing this problem. It seems to me Ms. Jennings is more interested in protecting a loophole that the Liberal Party is fond of abusing than in any sincere good wishes for the children who may be exploited.

5:30 p.m.

Conservative

The Chair Conservative David Tilson

We've been doing so well, Mr. Martin.

5:30 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

I don't think I made myself clear, though, in how we anticipated this working. It would be one or the other parent who would have their minor's donation associated with their tax return.

5:30 p.m.

Conservative

The Chair Conservative David Tilson

On a point of order, Monsieur Sauvageau.

5:30 p.m.

Bloc

Benoît Sauvageau Bloc Repentigny, QC

It's 5:31 p.m.

5:30 p.m.

Conservative

The Chair Conservative David Tilson

It's 5:31; you're right on the button.

We're going to adjourn until 6 o'clock.

5:30 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

May I continue?

5:30 p.m.

Conservative

The Chair Conservative David Tilson

Yes.

I think to be fair to Mr. Martin, as long as you don't go on for half an hour, we'll let you conclude. That's a qualification in allowing you to continue.

5:30 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

All right, thank you.

5:30 p.m.

Conservative

The Chair Conservative David Tilson

You've concluded, Mr. Martin?

5:30 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

Oh, you mean conclude now. I'm sorry.

5:30 p.m.

Conservative

The Chair Conservative David Tilson

Yes, conclude now.

5:30 p.m.

NDP

Pat Martin NDP Winnipeg Centre, MB

I thought you meant at 6 o'clock.