Thank you very much, and thank you, Mr. Chairman. It's always a pleasure to be here in this room, notwithstanding the terrible acoustics under the portrait of the fathers of Confederation and Sir John A. Macdonald done by Rex Woods, especially after a weekend of enjoying that great national cultural event, the Grey Cup, in which people from all across our country come together to share what they have in common in a way that Sir John A. Macdonald would have wanted them to, by enjoying the odd beverage and having a good time. Tom is, of course, very proud of his Saskatchewan Roughriders and the result.
I want to start by thanking all the members of the committee, including you, Mr. Chair, for the opportunity to discuss the government's visual identification of voters bill. The government introduced Bill C-31 in the last session of Parliament. It was a bill to improve the integrity of the voting process and to prevent voter fraud, and while the legislation made many changes, the one we are dealing with today responds to how that bill was interpreted by the Chief Electoral Officer in the conduct of applying the voter identification requirements.
Before Bill C-31 was enacted, voters could simply turn up at a polling station, give their name and their address, and vote.
Since then, and for the first time, voters will have to establish their identity and indicate their place of residence before being able to vote.
After Bill C-31 received royal assent on June 22, 2007, Canada's Chief Electoral Officer decided that the changes would be implemented in time for the September 17, 2007, by-elections in Quebec.
Later, the Chief Electoral Officer publicly stated that contrary to what I believe Parliament's intent was—namely, that voters would have to demonstrate their identity before voting—people would be permitted to vote while concealing their face.
Beside the fact that it's not logical for someone to demonstrate their identity while concealing their face, the decision went against what I think most people saw as common sense, and it left many people shaking their heads. All of us, as parliamentarians, probably heard about it from our constituents.
The government was of the opinion that this interpretation of the act did not take into account Parliament's clear will and intentions, and called on the Chief Electoral Officer to review his decision.
The government was not alone in asking for this. All four political parties in the House of Commons expressed disagreement with the Chief Electoral Officer's interpretation, and in September this committee, on a recorded motion, unanimously passed the following motion:
That the committee call on the Electoral Officer to use his powers of adaptation to require electors to show their faces before being permitted to vote at voting stations across the country.
Moreover, many other members of Parliament from all political parties expressed their support for the requirement to demonstrate visual identity. For example, on September 7, 2007, Stéphane Dion, the leader of the Liberal Party, issued a statement that said the following:
...we do believe that when they are casting a vote in elections, Canadian citizens have a responsibility to fully reveal their identities. For this reason, we would ask Elections Canada to reconsider its decision, and to require veiled women to unveil their faces to confirm their identities.
Later, on September 10, 2007, he told the Canadian press, “We disagree with Elections Canada's decision and we ask them to revisit their decision”, and then again later the same day, “At the end of the day, you must be able to identify yourself when you vote.”
On October 24, 2007, Liberal MP Marlene Jennings told the Montreal Gazette, “I think that people showing their faces for identification purposes to vote is fine.” She went on to say:
“Most of the Muslim community say so as well. They didn't ask for the ruling that the chief electoral officer made. Nobody had asked for the right to vote with their faces covered. It was a unilateral decision on the part of the chief electoral officer.”
I think that Madam Jennings hit the nail on the head when she said that, and that is in fact why we are here. It is not because of any decision or action taken by parliamentarians in adopting Bill C-31, but rather in consequence of the interpretation of the Chief Electoral Officer and his reluctance to accede to the advice of this committee when the matter was discussed in September.
The Canadian Press reported that “NDP Leader Jack Layton said he continues to hold out hope that Mayrand”—that's the Chief Electoral Officer—“will change his position before the byelections, but is prepared to support a legislative move. 'If not, it appears it will be necessary to change the law to make it clear.'” During committee hearings in September, Mr. Dewar said the following: “...the position from our party has been clear. ...that you show your face; the veil has to be removed to get your ballot.”
However, despite the overwhelming support from the party leaders and members of Parliament for voters to show their faces before voting, the Chief Electoral Officer refused to heed that expressed intent of Parliament and of the committee, and on election day we saw the consequences of that decision. In several places in the ridings in Quebec where the by-elections were occurring, people voted while purposefully concealing their faces for no justifiable reason. I think we recall seeing on television one even wearing a pumpkin on their head.
Throughout Canada, these actions and the fact that these folks were permitted to vote in that fashion caused a lot of Canadians to question the credibility and the integrity of our voting process—exactly the opposite of what we were seeking to do with Bill C-31. When people start to ridicule the rules that are in place for an election, that starts to erode public confidence in our system.
I don't believe we as parliamentarians can stand by and allow this to continue; certainly we in the government don't believe we can. We have to ensure that public confidence in our electoral system is maintained.
To maintain that confidence and ensure that the will of Parliament is respected, the government has committed to making the necessary legislative changes, which are in the bill we are discussing with you today. That bill flows directly from the commitment in the October 2000 throne speech.
The legislation sets out a simple requirement for a voter to show their face before voting. It will assist in voter identification, reduce the potential for voter fraud, and enhance the integrity and credibility of the voting process. In short, our bill will prevent someone from, if you will, putting a bed sheet over their head and then going to vote first for themselves and then, using the identification of someone else in their family, voting again somewhere else with someone else's identification—a friend's identification, or bills they've picked up in the mail room of the apartment building, or what not.
The bill also makes Parliament's intent explicit in law, preventing any future disagreements on what the intent of this act is.
There is one exception: an individual may vote with a concealed face if he or she has valid medical reasons to do so.
For example, if a person was severely burned and her face is covered in bandages, she can still vote on the provision that she swear an oath attesting to the fact that uncovering her face would be dangerous to her health.
The bill also takes into consideration the fact that some, because of their cultural customs, cover their faces in public. The bill allows--in fact I argue that they already have this--an additional administrative flexibility for Elections Canada to establish the processes they may need to require visual identification while respecting cultural practices, but the bottom line of equal treatment will be maintained.
It's a position that was supported by NDP Quebec lieutenant Thomas Mulcair. Stéphane Dion felt the same way. He said the following in a statement on September 7, 2007: “We would also propose that female Elections Canada officials be available to confirm the identities of veiled women, thus ensuring their values and privacy are respected.”
The Canadian Islamic Congress agrees as well. The Montreal Gazette reported on September 8 that Mohamed Elmasry of the Canadian Islamic Congress said the solution is as simple as having women who wear a niqab show their faces to female elections officials.
The government believes our bill is a sensible compromise between respecting cultural customs and maintaining the integrity and credibility of the voting process.
Some critics have claimed our bill is unnecessary because there is no evidence of a problem. Even if this were true, that's surely not a reason for doing nothing, but in fact there is, as we've seen, a problem. Certainly we don't want to wait until we see many documented cases of electoral fraud before we put in processes to prevent that fraud from occurring. The government isn't going to wait for that, and that's why we're taking action now, I think as all parties want us to do.
Nevertheless, it's important for this committee and for Canadians to know that the government did not want to go down this road. We don't believe every single detail of how elections are run and how electoral officers do their work should be made explicit in law. We don't need to sit there and prescribe which pencil or pen or ruler electoral officials use when they check people off the list. However, the Chief Electoral Officer continues to interpret the law in this way, which we know is contrary to what was the expressed will and intent of Parliament and of this committee. That makes it necessary for us in this case to act. The result is our visual identification of voters bill.
The bill requires electors to show their face at the polling station before being able to vote, with the stipulation that an exception be made for medical reasons and accommodation made for persons who normally cover their face in public.
The bill will protect and maintain the integrity and credibility of the voting process and ensure that the will and intent of Parliament are respected.
I hope all members of the committee will work with the government to ensure successful passage of this bill. I'd be happy, along with Ms. Kim, to take any questions you have on the subject.