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.
Conservative
Joe Preston Conservative Elgin—Middlesex—London, ON
You're saying that the fixed election date is also a great idea.
Chief Electoral Officer, Office of the Chief Electoral Officer
Yes. I'm also saying, under chapter 2, to increase the ability to register through the income tax return for youth. They're all there....
I see the chairman waving at me to say shorten it.
If you fix that problem, we will add 130,000 youth between 18 and 24 years of age, on a regular basis. That improves the quality of the list. All of those items are there; the two pages relate only to how to improve the list.
Conservative
Joe Preston Conservative Elgin—Middlesex—London, ON
Without my reading it, since it was just set it in front of me, are there also ways to fix the list once someone is on it? We've certainly heard many cases of people receiving four or five—I won't call them identification cards, because that's not what they are—voter referral cards, or voter reference cards, or info. Is there a way to get people off the list too?
Chief Electoral Officer, Office of the Chief Electoral Officer
Yes, we're recommending that the Income Tax Act be a source for removing people from the list when they're deceased.
Chief Electoral Officer, Office of the Chief Electoral Officer
That's right.
There are lots of very good measures in there, sir, that would significantly improve it. On Thursday, at the meeting we've organized for you, if you have other ideas we'd be willing to see them incorporated here. There's a lot here that would significantly improve the list, the use of the list, and your satisfaction with it.
Conservative
Joe Preston Conservative Elgin—Middlesex—London, ON
On the transfer request, did I hear you right? I understand that from a handicapped point of view there is a hardship because of the amount of time ahead of time, but can anybody can go to the deputy returning officer and say, “I'd like to vote at this poll”?
Chief Electoral Officer, Office of the Chief Electoral Officer
No, not at all.
Conservative
Chief Electoral Officer, Office of the Chief Electoral Officer
If you've been assigned a poll and have to be there at 8 or 7:30 in the morning, and the poll opens at 9:30 but you're supposed to vote at another poll, then the DRO will grant you the ability to vote in that poll so that you don't lose your right to vote just because you're an electoral worker.
Conservative
Chief Electoral Officer, Office of the Chief Electoral Officer
No, definitely not.
Conservative
The Chair Conservative Gary Goodyear
Thank you, Mr. Preston.
Before we go on to Mr. Guimond, I want to have a clarification on checking off the income tax form. It suggests that you want to be on the voters list, but how do we know it's from a citizen who is eligible to vote?
Chief Electoral Officer, Office of the Chief Electoral Officer
That is exactly the point this recommendation aims at. We're saying, put in a separate question where people have to indicate, “I am a Canadian citizen”—yes or no—so that you have an affirmation that is prosecutable if it is falsified. The person would attest they are a Canadian citizen on the income tax form.
Then there's another question: do you want to share your information with Elections Canada so you can be updated on or added to the list? Right now we cannot add them, because we don't know if they're Canadians.
Bloc
Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC
As I only have five minutes, I will ask both my questions. The first is for Mr. Kingsley.
Do you support the idea of amending the Elections Act in order to allow cameras filming party leaders voting? It seems that this has, in some cases, been left to the discretion of incompetent returning officers. The rules of confidentiality would be respected. Regardless, that is already a requirement.
At times, some returning officers have used the act to formally prohibit the presence of cameras. On the other hand, some have allowed this, even though it's against the law. You end up seeing two leaders on the news and not the other two. I think an amendment to the act would solve the issue.
I'm referring only to party leaders. Of course, we would not be showing the faces of people voting. The same applies when cameramen are filming pedestrians on Sparks Street; you only see their feet. For confidentiality reasons, faces cannot be filmed.
My second question is for the commissioner. I'd like to give you an example of a situation where we call upon your services and are told that everything is fine.
During voting, is a vote with the returning officer a special vote? Unless the special vote is the one sent through the mail...
Chief Electoral Officer, Office of the Chief Electoral Officer
The term applies to both scenarios.
Bloc
Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC
Where special ballot voting is used, the ballot box is opened within a few days of the writ being dropped, in other words before the ballot papers with the candidates' names are printed, and the candidate's names are written in.
In the Papineau riding, staff at the office of the returning officer made an error when entering the name of the Bloc Québécois' candidate. We filed a complaint and called upon your services, Mr. Landry. We were informed that the error had been made in good faith and that we had no reason to worry. When we referred the case to Elections Canada, they were so utterly convinced that everything was hunky dory, that they recalled the 397 people who had cast their vote in that particular ballot box and asked them to perform their civic duty again.
It was just as I expected; whenever we call upon your services, we are always told that everything is fine, there is never any cause for concern! I would like to hear what you have to say about what happened in Papineau. The candidate in question is called Viviane Barbeau, and her name was spelled incorrectly. If the candidate's name is entered inaccurately, the ballot papers are discarded. We had to file a complaint.
Chief Electoral Officer, Office of the Chief Electoral Officer
I am going to start by answering your first question on photographing party leaders. The current act allows for photos to be taken as long as photographers remain outside of the polling station. Only those who work for the polling station are allowed inside, and this is to ensure that the process runs smoothly and that voters are not disturbed. That is why photographers are not allowed inside the polling station. However, as long as they do not block the flow of traffic, they can photograph from the doorway.
I would nonetheless like to put the question to the committee. If we were to allow party leaders to be photographed by a photographer standing right beside them, if they so desired, how would you feel about being the candidate running against one of these leaders? Whenever your potential constituents switch on their TVs that day, all they would see would be the party leader, against whom you were running, casting his vote. Who would photograph you?
I would like to hear the view of the committee.
Bloc
Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC
There has to be a level playing field for everybody. I want to show you a recording of a news bulletin. It shows footage of two party leaders casting their votes, just like during elections in Bosnia or Montenegro where the country's president was shown casting his vote while surrounded by photographers. It is a matter of fairness: it is either yes for everybody, or no for everybody.
What recourse is open to us if the returning officer allows such a situation to occur? Do we just have to put up with it?
Chief Electoral Officer, Office of the Chief Electoral Officer
We have to endeavour to have returning officers who respect directives issued by the Chief Electoral Officer. That is a perfectly achievable goal. In fact, it is one of the basic premises of Bill C-2.
Mr. Guimond, as you are partially responsible, you know that is where the solutions lies.
Conservative
The Chair Conservative Gary Goodyear
Okay, thank you.
Next question, Monsieur Godin.
Did you have a comment, please?
Bloc
Michel Guimond Bloc Montmorency—Charlevoix—Haute-Côte-Nord, QC
No, I'd like to have the answer from Mr. Landry.
Commissioner, Elections Canada
All complaints that we receive undergo a preliminary evaluation to determine whether an offence has been committed. For certain acts to be considered an offence there has to be mens rea, that is culpable intent to commit an offence. The laws in question have been adopted by Parliament, and I have no choice but to apply the existing legislation.
In general, our investigators who carry out on-site investigations try to get the best possible proof from witnesses able to testify against the alleged offender or provide information as to how the voting process was carried out. The Chief Electoral Officer has taken measures that have obviated the risk of votes not being counted. As an investigator who has to establish in court, beyond all reasonable doubt, that an offence has been committed, I can assure you that, although in some cases it is possible, it is a tough standard to meet in many cases.