Evidence of meeting #44 for Access to Information, Privacy and Ethics in the 39th Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was elections.
A recording is available from Parliament.
Liberal
The Chair Liberal Paul Szabo
Order.
Mr. Goodyear, members are also trying to follow, but without these documents there's some question as well.... As you know, any documents provided should be in both official languages. I'm going to raise that just to caution members. I'm going to allow you to continue--
Liberal
The Chair Liberal Paul Szabo
--but I think in the future, if we're going to be providing documents to a witness to discuss, all members should have copies of them in both official languages.
Conservative
Conservative
Gary Goodyear Conservative Cambridge, ON
Thank you. I appreciate that.
One of the documents has disappeared from the web. That's why I could not get it in French and English.
So we have these handbooks. As you can see, one that was in circulation--the one I just handed you--says on it to use this document for elections that started before January 1, 2007.
Do you see that document? It's the second one I handed to you.
Conservative
Gary Goodyear Conservative Cambridge, ON
This document was the one in circulation at the time of the January 2006 federal election. Is that correct?
Conservative
Gary Goodyear Conservative Cambridge, ON
Okay. Do these handbooks represent the Chief Electoral Officer's interpretation of the Canada Elections Act?
Conservative
Gary Goodyear Conservative Cambridge, ON
All right. Would you also suggest, then, that candidates and their agents can rely on the information provided to them in these handbooks that were written by Elections Canada?
Conservative
Gary Goodyear Conservative Cambridge, ON
All right. I think you would agree that the Canada Elections Act itself is so complex.... In fact, when my honourable colleague Mr. Hiebert was questioning you, I did hear that a number of the points in the suggested five-point framework are not even in the act.
Let's talk about what is in the act. It's very complicated, of course, and you distribute these handbooks as a tool for candidates to use.
First of all, before I go further into the act itself, I want to come back to the December 12, 2005, version of the elections handbook.
I refer you to the section on election advertising at the bottom of page 30. I've marked that page for you.
Conservative
Gary Goodyear Conservative Cambridge, ON
It provides the definition as follows:
Election advertising means the transmission to the public by any means during an election period of an advertising message that promotes or opposes a registered party or the election of a candidate, including one that takes a position on an issue with which a registered party or candidate is associated.
I want you to notice that on page 30, as well as on the top of page 31, there is another statement that uses the phraseology “registered party or candidate”.
Would you agree that both of these passages refer to advertising that promotes or opposes--
Chief Electoral Officer, Elections Canada
I appreciate the questions. I just want to point out to the committee that these matters have all been raised before the Federal Court. There has been extensive cross-examination of witnesses from Elections Canada on these matters. That testimony will be available as part of the public record in due course. I just want to--
Conservative
Gary Goodyear Conservative Cambridge, ON
I'm just going to wrap it up, then, because I know my time is just about out. It's very important, please.
Why do you think the language was changed in 2007 and is now being applied to the 2006 campaign?
Chief Electoral Officer, Elections Canada
The main reason was that changes that came through the Federal Accountability Act triggered a review of the manual. We made all sorts of amendments--
Conservative
Liberal
The Chair Liberal Paul Szabo
Mr. Goodyear, I look forward to hearing your next round of questions, which you will certainly get tomorrow.
Monsieur Nadeau, s'il vous plaît.
Bloc
Richard Nadeau Bloc Gatineau, QC
Thank you, Mr. Chairman.
Mr. Mayrand, one aspect bothers me a great deal. Some Conservative candidates who took part in this scheme said they didn't know they were taking part in a scheme and that they trusted the Conservative Party in the entire matter that is before us today.
In another connection, but along the same lines, the candidate for Brome—Missisquoi clearly indicated in an e-mail to Lawrence Cannon, who was the candidate for Pontiac at the time, that he didn't want to take part in the scheme.
Wouldn't there be a message somewhere there that there were indeed some individuals who officially agreed to close their eyes and others who refused to break the law, unlike the situation of the 67 Conservative candidates and members who are the subject of an investigation today?
Chief Electoral Officer, Elections Canada
The Commissioner of Canada Elections will be responsible for determining whether any offences were committed in this matter. The information that you cite was made public as a result of the Commissioner's legal proceedings. I wasn't aware of that information at the time the decision was made.