Evidence of meeting #45 for Electoral Reform in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was referendum.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Jerry Dias  National President, Unifor
R. Bruce Fitch  Interim leader of the Progressive Conservative Party of New Brunswick
Arthur Lupia  Hal R. Varian Collegiate Professor of Political Science, University of Michigan, As an Individual
Wanda Morris  Chief Operating Officer, Vice-President of Advocacy, Canadian Association of Retired Persons
Wade Poziomka  Director of Policy, General Counsel of Advocacy, Canadian Association of Retired Persons
Gordon Dave Corbould  Commanding Officer, Joint Personnel Support Unit, Canadian Forces
Vihar Joshi  Deputy Judge Advocate General, Administrative Law, Canadian Forces

5:35 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

We are beginning our 43rd meeting of the Special Committee on Electoral Reform. If I'm not mistaken, this is the last meeting in which we will hear from witnesses. So we are reaching the end of this stage, which has been extremely interesting and during which we have learned a great deal about electoral systems. We have had an opportunity to hear from many Canadians in our tour of the country.

Today, we are hearing from five groups of witnesses who will have 10 minutes each for their presentations.

From the Legislative Assembly of New Brunswick, we are welcoming R. Bruce Fitch, the interim leader of the Progressive Conservative Party of New Brunswick.

Welcome, Mr. Fitch.

We also have Jerome Dias, the national president of Unifor.

5:35 p.m.

A voice

“Jerome” Dias?

5:35 p.m.

Jerry Dias National President, Unifor

If I ever hear you calling me Jerome....

5:35 p.m.

A voice

I'm calling you Jerome from now on.

5:35 p.m.

Voices

Oh, oh!

5:35 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

Have we started an incident here? Did I err?

5:35 p.m.

National President, Unifor

Jerry Dias

You can call me “Jerry”.

5:35 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

Jerry: okay, got it. Well, I'll call you “Mr.” Dias—

5:35 p.m.

Voices

Oh, oh!

5:35 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

—being as we're in committee and so on.

As an individual, we have Professor Arthur Lupia of the department of political science at the University of Michigan. He is joining us tonight by video conference from Ann Arbor, Michigan.

Thank you for being before the committee and sharing your views and knowledge on the issue with us. We appreciate it very much.

From CARP, the Canadian Association of Retired Persons, we have Wanda Morris, chief operating officer and vice-president of advocacy, and we have Wade Poziomka, director of policy and general counsel of advocacy.

Then, from the Canadian Armed Forces, we have Gordon Dave Corbould, commanding officer of the Joint Personnel Support Unit, and we have Deputy Judge Advocate General Vihar Joshi, administrative law.

We have a great lineup this evening. It should be very interesting. There should be a great deal to learn from all of you. Of course, we'll be interacting through questions and answers. The way it works is that after all the witnesses have done their presentations, we'll have one round of questions and each member will have seven minutes to engage with the witnesses. At the seven-minute mark, unfortunately, we'll have to move on to the next questioner. That doesn't prevent you from addressing an issue that has been asked about later on when you have the floor if you didn't get a chance to respond because of the time limits.

Without any further ado, we'll start with Mr. Bruce Fitch for 10 minutes, please.

5:35 p.m.

R. Bruce Fitch Interim leader of the Progressive Conservative Party of New Brunswick

Thank you very much, Mr. Chair.

My name is Bruce Fitch and I'm the interim leader of the Progressive Conservative Party of New Brunswick. I am very pleased to be here this evening and to take part in this meeting.

I appreciate this opportunity to make some remarks before the Special Committee on Electoral Reform.

Just like when you have a good book, sometimes you like to turn to the last page to see what the outcome will be. I'll take the suspense away, just so there are no surprises, and declare up front that I will be speaking in favour of the status quo. But if in fact the committee and Parliament decide to make significant changes to the way Canadians elect their members, I believe a referendum is required, because it's the people who own democracy. The politicians don't own democracy.

My position on these matters comes from a long history of working with and for the people of New Brunswick, especially in my little riding, ma circonscription, of Riverview. I've been elected four times as a member of the Legislative Assembly. Previous to that, I was mayor for two terms and a councillor for three terms before that.

In New Brunswick, our voting system is very similar to the national model of first past the post. There have been variations in my lifetime, including multi-member ridings, but other than the occasional boundary change or shift in the number of MLAs, the current system has been stable for the past 40 years, and for the most part the people seem to be happy with that system.

This is a important point to make, because in New Brunswick over the past 40 years there have been some very interesting results where the democratic expression, in terms of the percentage of votes for parties, has been wildly and disproportionately translated into very different seat allocations.

Just to name a few examples, in 1987 the McKenna Liberals took 60% of the vote but 100% of the seats in the legislature; in 2006 the Graham Liberals received fewer votes overall than premier Bernard Lord, but they still formed a majority government; and recently, in 2014, the Green Party elected its first member to the New Brunswick legislature with 25,000 votes provincially, while the NDP elected no members with 50,000 votes province-wide.

Despite all these variants, basically there has been no one complaining about the voting system in New Brunswick, no mass protests in front of the legislature, and no one has challenged the legitimacy of the government. On a personal level, I know from going door to door over the last number of elections and over the last 27 years of being an elected official that no one has raised this as a concern, outside of the occasional discussion on the doorstep. The concerns are the economy, jobs, health care, education, and seniors care.

You asked the presenters to the committee to consider seven questions before appearing, and I would like to boil that down to this: why do you think you need change, or not?

While I see areas that could be improved, the fact of the matter is that the people I represent are satisfied with the current system, warts and all. They like it because it's simple to understand, it's accessible, and they even have an option not to vote because all the choices are competent and decent—although, of course, as politicians we always encourage people to vote. But for that reason I would not be in favour of forcing people to vote under a mandatory voting system. It's a freedom of choice that people exercise.

They feel that way because they know their local MP or MLA in our area and they are represented by that person. They notice that over time the results of the elections have become more inclusive, more representative of women, minority communities, and diversity. People like that.

Overall they see the results of the current system as fair because all parties, all candidates, have an equal chance to succeed. Very similar to life in general, the results are not always perfect and are sometimes a little different from what was expected, but there is a foundation built on equality of opportunity.

At the end of the day, I work for these same people who are relatively satisfied with the current system. It would seem more than just a little disingenuous to try to imagine a number of different reasons we should change the way that I and my colleagues get hired every four years and to change that system without the approval of the people who are doing the hiring—basically, the bosses of the elected officials.

Specific to this committee and for your deliberations, please keep the first-past-the-post system. The people in New Brunswick like it. If the government chooses to move ahead with significant changes because it's popular, it's an ill-conceived election promise, it's something to do to distract from other issues, then whatever the new system that is proposed must be ratified by the people in a clear and concise referendum.

We commissioned a poll in New Brunswick a short while ago when I was leader of the opposition because the provincial government in New Brunswick was also considering some of the changes in the voting system. It was interesting to see that 77% of respondents said that New Brunswickers should be consulted first and a referendum should be held before any changes were made in the system. Again, that's a question through a pollster, but we had 77%, which is a very clear majority. That majority I don't think should be ignored. These results align clearly with other national polls, which have been conducted over the last six months. Again, I'm not the only New Brunswicker here; one of your members, my friend Matt who's here today, is from Fredericton.

Finally, you also may want to know what we think about online voting. I think in general in every election cycle there are always some administrative improvements in improving accessibility to the voting stations, but accessibility and ease of voting can't trump the faith in the system itself. During the last provincial election a new administrative system, involving electronic vote tabulation machines, was rolled out across the province of New Brunswick. This was, of course, intended to allow the results to be known instantaneously, right away, right at the close of the polls. We were told that within 15 minutes we'd have our results. Well, as luck would have it, on election night there was a glitch and the results weren't known until the next day.

Subsequent recounts proved that the machines were accurate. The perception left with the voters was that this new technology cannot be trusted to deliver immediate results. Before people rush into online voting, especially on a big scale, there should be a cautionary note to make sure that it works, and works better than some of the ways it has been done in the past.

Overall, Mr. Chairman, I do think it's always a good thing to look at our voting system every so often, continue to modernize it to take advantage of technology, or improve service levels and accessibility, but when major changes are proposed, such as the fundamental way in which ballots are structured and counted, that requires the approval of the people.

I think you'll find that several referendums and plebiscites have proven in the past that despite the flaws of the first-past-the-post system, the people see it as legitimate, simple to understand, and accountable. They will want us to stick up for what has served their country very well over the past 150 years. As I mentioned, it's the people who own democracy, not the politicians. That's why the people should be asked if the way they hire their politicians should be changed.

Thank you very much.

5:45 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

Thank you very much, Mr. Fitch.

We'll go now to Mr. Dias, please.

5:45 p.m.

National President, Unifor

Jerry Dias

Thank you very much.

If you listen to our members, if you're listening to Canadians, the reason we've had such poor voter turnouts over the last several elections, which is starting to finally turn around, is that people believe their vote doesn't count, doesn't mean anything. What I love is that when you take a look at the last two federal elections, we have had majority governments with 39.5% and 39.6%. More than 60% of Canadians didn't vote for either governing party.

So I'm fascinated when I listen to remarks about democracy and referendums. We know that in the last 10 years there was not a referendum. There was Bill C-4, Bill C-51, Bill C-377, Bill C-525, but not one referendum. I would argue, for those who are screaming for a referendum today, that we need to take a look at their history.

Now, I will argue that on October 19 there was a referendum, and it was a referendum of change. One issue was clearly the elimination of the first-past-the-post electoral system. On behalf of Unifor's 310,000 members, I am here to emphasize the importance of implementing electoral reform in time for the next election. I want to get straight to the point of the discussion, because it seems to us at Unifor that this process is quickly coming to a moment of truth.

According to remarks from the Prime Minister and also from Minister Monsef, broad-based support for change is a prerequisite for changing the system. The Chief Electoral Officer has said we need the broadest possible consensus. So let me be very direct with all of you: there is a broad base of support for electoral reform. You have the most recent Ekos survey from only a week ago: 60% want the government to fulfill its election pledge that we have had the last first-past-the-post election.

It's true that support for specific options is less decisive, but still, there is a clear broad base of support: support for PR, 46%; support for the current system, 29%; support for preferential ballots, 26%. In other words, there is one clear alternative to the present system: proportional representation.

Our members and most Canadians believe they have voted for change. They have voted for the principle of change, expecting that you will implement that decision with specific reforms that are understandable and explainable to our members in our communities.

This committee has the capacity, the mandate, and the information on voting systems needed to bring forward a majority position on electoral reform, and when you do so, the vast majority of Canadians will support you. In August our national convention affirmed that electoral reform must be addressed. Our members unanimously endorsed the proportional representation system for Canada. We did not get into the weeds of the particular kind of PR system; we say that is your job. We support the principle of proportionality to make sure that every vote counts and to make false majorities impossible. We want fewer reasons to vote strategically and more opportunity to vote for a hopeful, progressive future.

There's no question that our organization and one of my previous organizations, the CAW, talked a lot about strategic voting, but what was strategic voting really all about? We voted strategically because we didn't want a particular party. It thus wasn't about voting for the party you wanted; it was making sure that one party didn't get elected or have a majority with less than 40%.

We want fewer reasons to vote strategically. We want more reasons for young people and all those who have been alienated from politics to engage and participate in the democratic process. In our view, when Canadians think about electoral reform, they want the system to change so that all votes directly impact the composition of Parliament, instead of the situation in 2015, in which an estimated nine million votes are without real reflection in Parliament.

I want to comment also on the idea that has been floated that smaller reforms could be implemented with a smaller consensus. I don't think this makes a lot of sense.

First, support for the present system is pretty much limited to the core base of the previous government. Support for preferential ballots, which we assume is what is meant by “smaller reforms”, is even less. There is not more support for smaller reform. Frankly, there is not a single person in Unifor who has spoken out in favour of ranked ballots as the preferred option for reform, so I urge you not to go down that road. The way to get this done is for the majority of you to agree on the principles that represent Canadian opinions and values and then propose an electoral system that best implements those principles.

In our opinion, the core issue is that Canadians want a different system that eliminates false majorities. We have too much experience that these false majorities produce extremist, ideological governments that do more harm than good—I can argue the last 10 years any time. Canadians want less partisanship in politics and more co-operation that produces good public policy. It means that we all have to look forward to a different kind of government, with the knowledge that it is far less likely that any one party will dominate in the way we have become accustomed to, but we still have stable government. In our opinion, we'll have more stable government, and the incoming government will not spend the first year repealing the extremist agenda of the previous government. We will still have parties with distinct alternative policies. We will need more political leadership, not less, and it is that political leadership we need and expect now.

If the majority for electoral reform fails to take this opportunity, it will be a long time before these conditions come around again. Unifor members are ready for change now, and we are expecting you to lead that change to ensure that a new proportional voting system is in place for the next federal election.

Thank you very much.

5:50 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

Thank you very much, Mr. Dias.

We'll go now to Professor Lupia in Ann Arbor, Michigan. The floor is yours.

5:50 p.m.

Dr. Arthur Lupia Hal R. Varian Collegiate Professor of Political Science, University of Michigan, As an Individual

Hello. Thank you for having me. I regret that I can't be with you in person today. I'm in Washington at the moment.

I've been asked to speak with you about what voters know about referenda and some of the implications for strategies and outcomes. Democracies around the world use referenda to offer legitimacy and elevated legal status to a range of statutory and constitutional proposals. This is similar to what the gentleman from New Brunswick was saying with regard to looking for legitimacy.

That's the starting principle. For people like us, who know a lot about referenda, and for people like you, who have been involved in drafting referenda and thinking about all the possible things that could be in it or might not be in it, and about what language to use to describe it, from that perspective many referenda are very complicated instruments. Yet when the same question is brought to voters, they necessarily see it differently, because we don't ask them to rewrite the proposal. By the time we bring it to them, the question is simply “yes” or “no”. Not surprisingly, they're going to think about referenda differently from us.

What I'd like to do is review a couple of basic facts about what people know about referenda. There's a question about whether citizens are competent to make this type of decision, so I'll give you an argument for and against.

The argument against it is that referenda typically deal with complex topics to which many voters pay little or no attention. Moreover, when you run surveys about referenda, and you ask people what seem to be basic questions about the content, it's often the case that voters answer the questions incorrectly. From that perspective it looks like they're not qualified to vote in a referendum.

However, there's also evidence in favour of them voting competently. Let me first say what I might mean by “competence”. What I'm talking about is a voter who casts a vote that's consistent with a set of facts and values that they care about. The values may pertain to the life they want for their family, their community, or their nation; and people in different situations might vote differently. By competence I mean the vote that someone would cast if they knew a lot about the referendum in question. Typically they don't, so the question is whether they can still vote competently. In many cases the answer is that they can. The reason they can do this is, again, they only have two choices, “yes” or “no”. If there was a correct vote for, let's say, a particular voter, and they used a coin to cast a vote, they would get the correct answer 50% of the time.

There are a number of situations where voters can do better than that. The way they do is to look for simple environmental cues, which in referenda often come in the form of interest group or party endorsements. Suppose you have a well-known entity or person who has a political history. You know their stands, and they come out and say that they're in favour of a change or they're against it. People use those. They calibrate to try to figure out what they would do if they knew as much as that person. If there are well-informed people who share the values of voters, they can use various endorsements to figure out how they would vote if they knew more.

This is controversial, because you might think that voters should still know a lot. However, in the report I sent, there are actually many cases where all of us make what seem like very complicated decisions using a very simple environmental cue. The example used in my report is driving. If you think about a busy intersection in a city at rush hour, there may be four lanes of traffic each way on each road. There can be 150 or 200 cars at the intersection at a time, and the engineering problem is how to get everyone safely through a relatively small space in 90 seconds.

To try to solve that problem from an engineering perspective is very complicated, because you have to think about the speed and acceleration potential of each of the cars. You have to know something about the intention of every driver, and you have to know something about what every driver believes about every other driver. It's a very complicated problem, and yet all of us solve that problem every day with a nearly 100% success rate, because we have a simple environmental cue we can use to make the right decision. We look at the traffic light to determine whether it's red, yellow, or green, and we look at the car in front of us. That's the simple rule we use to make a decision about when to press the accelerator.

In politics, things like political parties and interest group endorsements serve the role of traffic lights. If you know that your interest is aligned with a particular group or individual, and they say, for instance, “I've looked at the proposition, I've looked at the referendum, and for people with our values, this is a good thing”, we've shown that what happens over and over again is that people cast the same votes they would have cast if they had known more.

Of course, there's a downside to this, too, because if you're a voter, and your values don't match the values of people speaking out and giving their point of view, you can get lost. You can also be subject to manipulation. Someone could represent themselves as sharing your values when in fact they don't. This often happens in the form of mailers. A person such as the leader of an interest group wouldn't get up in public and lie about their position, but maybe someone would send out a mailer saying that the Liberals in the country have a particular point of view, when in fact they don't.

To summarize, most people do not obtain detailed information about referenda. Instead they look for interest group or simple cues to tell them how people who have values like theirs are likely to vote.

An additional point I'll make is that if you want to know whether people will take the time to read the fine print of a referendum, most people won't. That's because if you put the referendum online, you're competing with hockey games, Pokémon GO, and cat videos, which many people find very appealing. Very few people in any country will put those things aside to read a piece of legislation. The Internet allows some people to gain more information than has ever been possible about these things, but most citizens have their daily lives. While some are watching hockey games, for others it takes all of their energy through the day to feed their families, take care of elderly parents, or do things for their community. They don't have the time to invest in legislation, so most people in referenda look for these simpler cues to try to figure out what they would do.

A related point is about how people think once they gain this information. In the case of Brexit, there was a sense that there was this intellectual argument about trade liberalization that wasn't part of the campaign. The question is why was that. One of the answers is that for voters, a referendum isn't an intellectual argument. The question for them is quite simple: Is yes better for me or is no better for me? Those are the only two choices they have. You could say there are all these complicated aspects of Brexit that they should have thought about, but they weren't in the legislature. Their choice was very simple, and the only thing they could do in that situation was figure out which would be better for them, yes or no. That was what they could act on. For other reasons, they might have wanted to know more, but for the act of voting competently, that was sufficient.

The last point I'll make is with regard to campaigns. In referendum campaigns, the “no” side has a huge advantage, regardless of the legislation. This is true throughout the world, and you might ask why. It's because with a no campaign, you're running against change, and people don't know what life is going to be like under that change. A typical no campaign is when you think about a worst-case scenario, and you make your whole campaign about that.

With a “yes” campaign, you have to describe this new world and convince people that even though there are scary possibilities, their life is going to be better. I have a statistic that I use just to tell you how skewed this is. In California, where there's a professional referendum industry, and people care about their win-loss records, most people will not touch a yes campaign unless it's polling 70% or more a year in advance of election day. The reason is that people recognize that no campaigns are easier to run. Everybody believes that the yes support will fall over time, the mystery being whether it will be above or below 50% on election day. There are very few cases where support for yes actually goes up during a campaign. It happens, but it's quite rare.

In sum, in many cases, if voters have clear interest group endorsements, they can make the same choices they would have made had they known more. As a general matter, though, many times they learn that change is scary, so if they're confused, you see more support for the status quo than you might expect.

6 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

Thank you so much for that extremely interesting perspective on referenda, including the California perspective. I'm sure there will be many interesting questions.

We'll go now to CARP with Wanda Morris, please.

Will you be splitting your time?

6 p.m.

Wanda Morris Chief Operating Officer, Vice-President of Advocacy, Canadian Association of Retired Persons

We will. I'll start, and Wade will continue.

CARP is the organization that advocates for health, financial security, and freedom from age discrimination for older Canadians. We have 300,000 members across the country, and on average our members have an above average education, income, and net worth, and approximately 87% of them are retired. Our advocacy position here today is guided by our membership, and while there is strong interest in this issue, there is no consensus. We're here today to share their divergent views.

I'll turn it over to Wade.

6 p.m.

Wade Poziomka Director of Policy, General Counsel of Advocacy, Canadian Association of Retired Persons

Thank you.

Prior to coming today, we surveyed our members. We received 6,209 responses. What we learned from that survey is that 98.7% of our members polled voted in the last federal election, 81% of our members who responded believe that electoral reform is an important issue for them, and 90% of our members have some knowledge of electoral reform, with 36% feeling that they're extremely knowledgeable or very knowledgeable.

Of the CARP members who believe that electoral reform is an important issue, over 58% believe it's time to change the first-past-the-post system. I want to share with you some of the comments from our members, and I'll start with a few of the negative comments: “Don't play around with a system that has worked for 149 years, better the devil you know”; “The end result of systems in Italy and Israel are frightening, with fringe parties holding an exorbitant amount of power”; and “With proportional representation, nothing can get done because a minority is allowed to stall all initiatives.”

Of course, we also had positive feedback from some of our members: “Canada needs to reform the electoral process to be more democratic and representative of the people”; “The present system needs to change. A party can get less than 40% of the vote, still get a majority government, and make very important changes when the majority of Canadians oppose those changes. It's a joke. I'm not proud to be a Canadian”; and “We've suffered too long with inadequate representation from a system that was devised 149 years ago. This is 2016, and it's time to refresh the system and make every vote count.”

Of those members who opted for reform, the choice of alternative system is nearly evenly split, with a small majority preferring proportional representation over the ranked ballot system.

The material we reviewed from this committee prior to coming today indicates there are four characteristics that we look at: the ballot, the number of candidates per constituency, the procedure to determine winners, and the threshold for determining winners.

From a process perspective, CARP also encourages this committee to consider whether there should be any barriers to access, thresholds for political parties, and if so how significant should those be. For example, some members suggested there should be minimum thresholds for parties to obtain seats under a proportional system, whether that be 5% or 10%. Others noted that eliminating the first past the-post-system would allow parties to build support over their current levels. The majority of our members, approximately 65%, support a three- or four-party system as opposed to a system with more parties than that.

On the idea of a referendum, our members were almost evenly split, with about 53% in favour of a referendum. Several members told us that education is required if a referendum will be held, and I'm going to share a couple of comments from our members that summed up that sentiment with you now: “The idea of reform is scary. It needs a lot of discussion and information”, and “I feel too many citizens will not understand the complexities of this issue, and will feel comfortable with the status quo as a result.”

Several of our members suggested a trial period as opposed to a referendum. Here are a couple of comments: “Any change to our electoral system should be on a trial basis. One or two elections will give a good reading on the effect of change. This means that our Parliament can review the results eight and 10 years down the road, and modify our change back, or establish a more acceptable form of selecting who can govern our country”, and “Government must make every effort to ensure that the electorate understands exactly what is being voted on. If we go with a referendum, then I would propose a binding trial period of two or three elections, followed by a vote to keep or reject that system.” I think what this reflects is a fear among some of our members of what an alternative to the status quo might be. Several of our members would like the opportunity to remove an elected politician from office.

With issues that affect seniors and those with disabilities, the diversity of health is greatest amongst our membership of seniors, and disability-related needs must be considered in electoral reform. In that respect, CARP has three specific asks as it relates to our members. Online or telephone options should be explored, as well as other options to physically bring seniors with mobility issues to polling stations, but we are aware of elder abuse and the potential for vote manipulation by caregivers and family members that may not reflect an individual's choice. Campaign offices, debates, and public meetings should be physically accessible, and campaign material should be drafted in large font and plain language.

Those are my introductory remarks. I thank you for the opportunity to be here today.

6:05 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

Thank you very much.

We'll go now to commanding officer Dave Corbould, please, and Deputy Judge Advocate General Vihar Joshi. I don't know who will be going first.

6:10 p.m.

Brigadier-General Gordon Dave Corbould Commanding Officer, Joint Personnel Support Unit, Canadian Forces

I will be, sir.

6:10 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

Go ahead.

6:10 p.m.

BGen Gordon Dave Corbould

I'll speak alone for the opening comments, and we're both here for questions.

6:10 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

That's great. Thank you.

6:10 p.m.

BGen Gordon Dave Corbould

Mr. Chair, members of the committee, thank you very much for the opportunity to address you today regarding the experience of Canadian Forces electors in federal elections. I'm joined by a representative from the Office of the Judge Advocate General, Colonel Vihar Joshi.

Part of the mission of the military personnel command, in which I currently serve, is to support Canadian Armed Forces personnel in many areas. Commanding this command, Lieutenant-General Whitecross recently asked me to lend my support to the study of the proposals for amending the Canada Elections Act. In this context I come before you today.

In addition to his work as Deputy Judge Advocate General, Colonel Joshi was also appointed the coordinating officer by the Minister of National Defence for the purpose of subsection 199(1) of the Canada Elections Act. His role in this capacity is to work with the Chief Electoral Officer, during and between elections, on carrying out the special voting rules that apply to Canadian Forces electors. We will later tag-team to answer your questions, when appropriate, if this is acceptable.

First, I would like to make a few comments on voting by Canadian Forces electors. The Canada Elections Act gives special status to members of the regular force and members of the reserve force who are serving full time on training, service, or active service. This status is not new. Indeed, in 1917 Parliament provided for special rules to allow members mobilized during the First World War to exercise their right to vote. Provisions to a similar effect have been maintained in electoral legislation to this day. They are now listed in division 2 of part 11 of the Canada Elections Act.

If not for these provisions, Canadian Armed Forces members serving within Canada or throughout the world in various types of operations and exercises could find it very difficult to exercise their right to vote in the same way traditionally experienced by other Canadians.

In a democratic society such as our own, the Armed Forces—like the public service—must maintain political neutrality not only at the level of institutions but also at the level of the people in them. For example, the Department of National Defence and Canadian Armed Forces Code of Values and Ethics requires that members and public servants “uphold Canada’s parliamentary democracy and its institutions” by notably “carrying out their duty and their duties in accordance with legislation, policies and directives in a non-partisan and objective manner.”

More specifically, the Queen’s Regulations and Orders prohibit regular force members from taking an active part in the affairs of a political organization or party, making a political speech to electors, or becoming a candidate for election to the Parliament of Canada or a provincial legislature.

Given these limits imposed on Canadian Armed Forces members with respect to the exercise of their democratic rights, exercising their right to vote is one of the main vehicles for expressing their political opinions. Restricting their opportunities to exercise their right to vote would be tantamount to depriving them of their voice.

At the time of the 42nd general election, 64,049 Canadian Armed Forces members were registered on voters lists. Of this number, a total of 29,247 Canadian Forces electors exercised their right to vote using the special voting rules provided by the Canada Elections Act. These votes were collected by military deputy returning officers, either at one of the 186 polling stations set up in various defence establishments across Canada, or abroad in nearly 80 countries, and at sea on board Her Majesty's Canadian ships.

These votes represented a participation rate of approximately 45%, but this percentage excludes members residing at the address indicated in their statement of ordinary residence and who chose to exercise their right to vote at their civilian polling station on polling day.

Administering the vote of military electors is based on collaboration between the Chief Electoral Officer and his staff on the one hand and the members appointed by the Minister of National Defence to the positions of coordinating officer and liaison officer on the other, as well as with the commanding officers of Canadian Armed Forces units and the deputy returning officers they appoint. The Special Voting Rules dictating this type of collaboration have not been overhauled since 1993.

The Speaker of the House of Commons recently received the report entitled An Electoral Framework for the 21st Century: Recommendations from the Chief Electoral Officer of Canada Following the 42nd General Election.

Certain recommendations in this document specifically address voting by Canadian Armed Forces electors. We understand that this report has been referred to the Standing Committee on Procedure and House Affairs for review. Upon invitation, we will naturally support Parliament and the government with regard to the review of the recommendations it contains that address voting by Canadian Armed Forces electors.

Mr. Chair, we understand that your committee's mandate includes, among other things, the study of various voting systems, mandatory voting, and online and Internet voting, and that you will also assess the extent to which these options are compatible with certain principles for electoral reform—namely, effectiveness and legitimacy, engagement, accessibility and inclusiveness, integrity, and local representation.

We are pleased to answer questions from the members of this committee on such topics as the way Canadian Armed Forces members are called to vote, the way in which the electoral process is administered by the Canadian Armed Forces, and the challenges we experienced in the last general election.

We hope this information will be of assistance to this committee in carrying out its mandate.

Thank you again for offering us the opportunity to talk with you on this matter. We would be happy to answer your questions as appropriate.

6:15 p.m.

Liberal

The Chair Liberal Francis Scarpaleggia

Thank you, Brigadier-General Corbould.

We'll go to our round of questioning.

We'll start with Ms. Romanado, please, for seven minutes.