Evidence of meeting #30 for Procedure and House Affairs in the 41st Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was elections.

A recording is available from Parliament.

On the agenda

MPs speaking

Also speaking

Marc Mayrand  Chief Electoral Officer, Elections Canada
Stéphane Perrault  Senior General Counsel and Senior Director, Legal Services Directorate, Elections Canada

11:55 a.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

I think it would be highly speculative to anticipate the timing of these matters. The commissioner has been at it since May 5, as I mentioned earlier, and I think you have a good sense of what's been happening since May 5.

You also probably understand some of the challenges the commissioner is still facing in bringing this matter to full light.

11:55 a.m.

Conservative

The Chair Conservative Joe Preston

Thank you.

Mr. Comartin, four minutes, sir.

11:55 a.m.

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Thank you Mr. Chair.

Thank you for being here, Mr. Mayrand.

I just want to challenge something, because it's disturbed me from the beginning. One of the complaints you got was from my wife and another supporter. I know you did, because Mr. Mathews used it in the affidavit in Edmonton to get that material from RackNine.

We've never heard from you. We've never heard from the commissioner and we've never heard from Mr. Mathews. The first time I knew that you'd done anything with the information we gave you, which was the phone number that eventually led you to, at least as far as we've got to, Pierre Poutine, from one of those two calls that we received in my riding....

So I was quite surprised, quite frankly, when you gave the answer to Mr. Albrecht that every one of the complainants has been contacted. I can assure you that my wife has never been contacted, and neither has the other volunteer been contacted.

11:55 a.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

Acknowledged--I didn't say contacted.

11:55 a.m.

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

We've heard nothing.

11:55 a.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

I said that complaints were acknowledged.

11:55 a.m.

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

But you said in some written form...?

11:55 a.m.

Chief Electoral Officer, Elections Canada

Marc Mayrand

In the form we normally use. So it could be e-mail, it could be a letter, it could be a phone call, it could be various....

11:55 a.m.

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Neither my wife nor the other person was acknowledged—at all. There was nothing. The first we heard about it was when the information came out in the press that the phone number we had given had been used.

With regard to the court action that's outstanding—I guess the eight of them—you're named, as the Chief Electoral Officer, and the Attorney General is named. In past practice, who has defended these?

You obviously do not. I understand your role is more of a resource, I can say, to the court. Is the Attorney General responsible for defending these? What's been the past practice?

Noon

Chief Electoral Officer, Elections Canada

Marc Mayrand

I should point out that it's rare that elections are contested in such a manner. I'm not aware that the Attorney General has taken an active part in.... It depends on the issues being raised, but I'm not aware that they've taken an active part in such proceedings.

Noon

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Have you any indication—

Noon

Chief Electoral Officer, Elections Canada

Marc Mayrand

I should also point out that whatever is the role of the Attorney General, it is completely independent and separate from the role and position that Elections Canada could take on any issue.

Noon

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

So you've had no indication from the Attorney General on how they're going to respond to these court actions.

Noon

Chief Electoral Officer, Elections Canada

Marc Mayrand

I don't think so, not yet.

Noon

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Monsieur Perrault.

March 29th, 2012 / noon

Stéphane Perrault Senior General Counsel and Senior Director, Legal Services Directorate, Elections Canada

I'm only aware that they've been served. We have not had any discussions with the Attorney General's office.

Noon

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Mr. Mayrand, in the whole attempt on the part of Conservatives to diminish the number of calls and the significance, in the lawsuit there's a pleading that the number of calls that have come in can be scientifically measured as to how many you didn't hear from and how many calls in fact were made. Have you looked at that material, or have you ever seen a study like that?

Noon

Chief Electoral Officer, Elections Canada

Marc Mayrand

Not in detail; I've read about these things. Again, if it's relevant to the investigation I am sure that would be considered by the commissioner, but I'm not sure how it would be.

As I mentioned earlier, we know from court documents that 6,700 calls were placed under that famous 450 number. Again, we got 70 complaints, or a little bit less than that, from the Guelph riding. So we know that many people don't complain, obviously.

Noon

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Okay, but if you're asked for that kind of information by the courts, you're not in a position to be able to give it; you haven't done that kind of study yourself, or Elections Canada hasn't done that kind of study itself.

Noon

Chief Electoral Officer, Elections Canada

Noon

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

With regard to the commissioner—

Noon

Conservative

The Chair Conservative Joe Preston

Your time is up, Joe.

Noon

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

That can't have been four minutes.

Noon

Conservative

The Chair Conservative Joe Preston

It was four minutes and 14 seconds, to tell you the truth.

Noon

NDP

Joe Comartin NDP Windsor—Tecumseh, ON

Okay. Thank you.