Procedure and House Affairs Committee on Sept. 13th, 2007

[Tom Lukiwski, Conservative, Regina—Lumsden—Lake Centre, SK]

Simply put, sir, you have the power to ensure that veiled women remove their veil, perhaps in the presence of a female clerk or election officer, but you're suggesting you do not wish to exercise that authority, and I'm wondering why.

[Marc Mayrand]

Not in the circumstances as they exist today.

[Tom Lukiwski, Conservative, Regina—Lumsden—Lake Centre, SK]

Why, sir?

[Marc Mayrand]

The fundamental reason is that this authority, under section 17 of the act to adapt the act, I believe is designed much more for operational matters, as opposed to dealing with some fundamental rights protected by the charter, including the right to vote and the freedom of religion. I think it's not up to an administrator of the electoral system to juggle those rights and determine how they should be balanced.

[Tom Lukiwski, Conservative, Regina—Lumsden—Lake Centre, SK]

All right, sir. If we take your words to their logical conclusion, you're saying it is not really the right or the ability or the purpose of an administrator to do that, but you were suggesting, sir, that should be the will of Parliament.

[Marc Mayrand]

I think so.

[Tom Lukiwski, Conservative, Regina—Lumsden—Lake Centre, SK]

Then, sir, as representatives of Parliament at this committee, if there is unanimous consent of this committee to ask you, within the powers that you currently have, to ask veiled women to remove their veils, what would you say? Would you follow the will of this committee, then by extension following the will of Parliament?

[Marc Mayrand]

With all due respect and without offending the committee, I think I must rely on the will of Parliament as expressed as a Parliament.

[Tom Lukiwski, Conservative, Regina—Lumsden—Lake Centre, SK]

So what you're saying, sir, is you do not agree that the will of this committee is the will of Parliament?

[Marc Mayrand]

Again, with all due respect, I cannot accept the position that a committee can adapt or amend an act of Parliament.

[Tom Lukiwski, Conservative, Regina—Lumsden—Lake Centre, SK]

Do you not believe, sir, that members of this committee have consulted widely and broadly with their own caucuses and are bringing the opinions of their own parties to this committee?

[Marc Mayrand]

I have no reason to doubt it.

[Tom Lukiwski, Conservative, Regina—Lumsden—Lake Centre, SK]

Then, sir, I would suggest to you that for that very reason, I can assure you that within our party and I'm quite convinced within the opposition parties, the opinions expressed by members of this committee are expressing the will of their party and the will of Parliament. And, sir, we are suggesting to you that in our unanimous opinion women should remove their veils for purposes of identification and perhaps before a female election officer.

So in effect, sir, again I ask you, if this committee on behalf of Parliament asks you to exercise the powers that you have at your disposal, will you do so?

[Marc Mayrand]

I will not in the current circumstances, because that would be a requirement for me to offend the act, not uphold the law as stated on the books.

[The Chair, Conservative, Gary Goodyear]

I'm sorry, we're out of time on that round. It came right down to the last second, and rather than get to a next question and go way over, I'm going to move to the next speaker.

Monsieur Guimond, you have seven minutes, please.

[Michel Guimond, Bloc, Montmorency—Charlevoix—Haute-Côte-Nord, QC]

Thank you, Mr. Chairman.

Mr. Mayrand, getting back to the adaptation power conferred upon you by the federal Elections Act, as you know, pursuant to subsection 17(1), you have the authority to adapt the provisions of the current legislation. Correct?

In your statement, you note the following: “This authority is exceptional and must be exercised with caution and circumspection”, which means infrequently. This power must not often be invoked, particularly during a general election.

[Marc Mayrand]

Only when circumstances warrant.

[Michel Guimond, Bloc, Montmorency—Charlevoix—Haute-Côte-Nord, QC]

Clearly, though, you do not want to treat this issue as one that warrants the use of your exceptional authority, in a cautious and circumspect manner.

[Marc Mayrand]

I am not sure I quite understand the gist of your question.

[Michel Guimond, Bloc, Montmorency—Charlevoix—Haute-Côte-Nord, QC]

You feel that the question of women uncovering their face to vote does not warrant the use by you of your authority to adapt the Act.

[Marc Mayrand]

At this point in time, no, given the fundamental rights of electors.

[Michel Guimond, Bloc, Montmorency—Charlevoix—Haute-Côte-Nord, QC]

I see. You are saying that by definition, this power must be infrequently exercised. Tell me then why it is that according to Appendix VIII of the January 23, 2006 report of the Chief Electoral Officer of Canada, the power to adapt the Act was exercised by the Chief Electoral Officer on 17 occasions? I am not doing any calculations here, but this means that it is possible for you to exercise this authority during a general election.

[Marc Mayrand]

Absolutely. This power is used on a regular basis to facilitate the voting process, not to restrict voters' rights. None of the measures taken during this election, the last general election or previous elections was aimed at reducing or restricting the fundamental rights of voters.

[Michel Guimond, Bloc, Montmorency—Charlevoix—Haute-Côte-Nord, QC]

I understand that John Enright, who was quoted by the press this past weekend, is a member of your communications team.

[Marc Mayrand]

Yes, he is responsible for media communications.