Evidence of meeting #12 for Procedure and House Affairs in the 39th Parliament, 1st session. (The original version is on Parliament’s site, as are the minutes.) The winning word was list.
NDP
Yvon Godin NDP Acadie—Bathurst, NB
Thank you, Mr. Chairman, welcome to you all.
My question probably ties into the one my colleague, Mr. Guimond, asked. When the commissioner, or Elections Canada carried out investigations, was anyone found guilty of committing an offence, and if so, was a lawsuit launched?
Commissioner, Elections Canada
Our statistics do not name those who were or are under investigation.
NDP
Yvon Godin NDP Acadie—Bathurst, NB
I am not asking for names. I simply want to know if any candidates or political parties were sued.
Commissioner, Elections Canada
There have been lawsuits in the past. Issues have been brought before the courts.
NDP
Commissioner, Elections Canada
I cannot answer that specifically; however, I can make sure you receive that information.
NDP
Yvon Godin NDP Acadie—Bathurst, NB
Mr. Kingsley, my question is on transfer certificates and accessibility. From what I have been told, a person must go to a polling station 48 hours ahead of time ot ask for a transfer certificate. In your report, you recommend that the transfer be done the very same day. I would like to know who authorizes the transfer. Each polling station?
Take, for example, somebody who shows up at a church where a polling station is set up. The station is located in the church basement and there is no elevator. If the person is in a wheelchair, he or she cannot go downstairs. The person is not expecting somebody to take him or her in their arms and carry them downstairs. The person, therefore, can ask for a transfer to a different polling station. Who do you recommend do the transfer and what should be the time limit?
If the station closes at 8 p.m., and if the person arrives at 7:50 p.m. asking for a transfer, the person will not have enough time to go to a different station even if one is issued.
I would like some clarifications on those points.
Chief Electoral Officer, Office of the Chief Electoral Officer
The rationale behind our recommendation is that the 48-hour advance notice to receive a transfer certificate discriminates against persons with disabilities. Anyone else wanting to obtain a transfer certificate, such as election workers or others, can receive one on the spot from the deputy returning officer, who is authorized to recognize someone as an election worker. However, when a disabled person arrives at another polling station and says that her original polling station is inaccessible to disabled persons, he or she is told that they should have asked for a transfer 48 hours before.
We are trying to eliminate this type of discrimination against the disabled in the legislation so that all those entitled to a transfer certificate are subject to the same conditions.
NDP
Yvon Godin NDP Acadie—Bathurst, NB
Mr. Chairman, when we talk about the deputy returning officer, who are we talking about exactly?
Chief Electoral Officer, Office of the Chief Electoral Officer
The deputy returning officer is the person in charge of the polling station.
NDP
Chief Electoral Officer, Office of the Chief Electoral Officer
No, for the 350 voters assigned to vote at one polling station, in one polling division.
Chief Electoral Officer, Office of the Chief Electoral Officer
Yes, at the table. This is the person who is authorized to issue the certificate.
I would like to answer your question about the person who shows up at the inaccessible polling station at 7:50 p.m. In such a situation, the returning officers and clerks take out the ballot box and allow the person to vote then and there, so that he or she does not lose his or her right to vote. If the person is already registered at the polling station, there isn't a problem.
NDP
Yvon Godin NDP Acadie—Bathurst, NB
I remember having helped — I didn't have to, but I did — a disabled person who was unable to climb down stairs. The returning officers refused to take out the ballot box. They alleged that it was against the rules to remove it from the building and allow a person to vote from outside.
Has that rule been clarified, or do new instructions have to be given?
Chief Electoral Officer, Office of the Chief Electoral Officer
I believe that the rules should be clearer and more uniform across the country, even more so because we are talking about disabled persons, and only 0.2 per cent of polling stations across the country are currently inaccessible to disabled persons. It is quite remarkable, because this has been the situation only since 1993. We have been able to identity which polling stations are inaccessible. As you know, we are drawing up an inventory.
Only 0.2 per cent of polling stations are problematic. However, this 0.2 per cent matters when you are a disabled person. We could clarify the rules contained in legislation to make sure that a person can be accommodated at his polling station, or that he may be accommodated at another polling station because he knows that the original one is inaccessible.
NDP
Yvon Godin NDP Acadie—Bathurst, NB
I know that there are issues surrounding pieces of identification. Some people would like ID to be required, others not. Not everyone has a photo ID. We would like to know your opinion on that.
Chief Electoral Officer, Office of the Chief Electoral Officer
You're talking about asking everyone to produce a piece of identification at a polling station?
NDP
Yvon Godin NDP Acadie—Bathurst, NB
In case there is doubt surrounding a person's identity, a returning officer could ask for ID.
Chief Electoral Officer, Office of the Chief Electoral Officer
The returning officer already has the power to ask a person to produce a piece of identity. If the person does not have an ID card, an oath can be taken stating that the person is indeed who he or she says they are, and that he actually lives in the place he claims to live in. That is already allowed.
I want it to be very clear that the returning officer can ask for ID, but he is the only one able to do so at a polling station. A scrutineer does not have this power. Scrutineers are not allowed to speak directly to a voter and ask for a piece of ID. Only the returning officer can do that. Therefore, a scrutineer would have to convince a returning officer to do just that. That is an important clause in the act. It already exists.
Conflicts at the polling station occur when a scrutineer asks the returning officer to check a person's identity and the returning officer believes it is not necessary, or believes that the scrutineer is disputing people's identity too often. At that point, a returning officer can make a judgment call and decide not to require identification, which may insult the scrutineer, who believes that his or her rights have been trampled upon. But those rights belong to the returning officer and not the scrutineer. That is already the case.
Now, if you wish to talk about a piece of identity for each voter, that is an entirely different issue that I can talk about if you like.
Conservative
The Chair Conservative Gary Goodyear
Thank you.
I would like a clarification on Mr. Godin's points. Scrutineers cannot ask for identification, is that correct?