Evidence of meeting #18 for Procedure and House Affairs in the 41st Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was chair.

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MPs speaking

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11:40 a.m.

Conservative

The Chair Conservative Joe Preston

Let's call our meeting to order. We are here studying the fair elections act.

I want to do a quick piece of committee business. We've been chosen as the next committee to go paperless, and so you will all be getting a letter about how that functions and how that will work. When I was handed a whole binder full of stuff, I thought, “This was a good move, let's see if we can do it.” So your chair is working off his iPad today. David will not be going paperless today, but we will get there, and so you will be getting a note on that.

We are resuming debate on Mr. Christopherson's motion now, and he still has the floor.

Yes, Mr. Lukiwski.

11:40 a.m.

Conservative

Tom Lukiwski Conservative Regina—Lumsden—Lake Centre, SK

I have a point of order. Let me deal with this now, because I know that probably all my colleagues on the opposite side have been anticipating this anyway. Just to put all speculation to rest, I would like to inform the committee and you, Chair, that our side will not be giving consent to adjourn at 1:00 p.m. today. We can continue to listen to David, with the proviso of course that he continues his filibuster. If in fact he wants to dispense with that and get on to my motion, if my motion carried, then we could go on with entertaining witnesses, but in light of the filibuster, which appears will continue for some time in the future, we'll attend to hear Mr. Christopherson and others on a 24/7 basis if need be.

11:40 a.m.

Conservative

The Chair Conservative Joe Preston

You're up, Mr. Christopherson.

11:40 a.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Thank you, Chair.

11:40 a.m.

Conservative

The Chair Conservative Joe Preston

I did not bring my pyjamas but....

11:40 a.m.

NDP

David Christopherson NDP Hamilton Centre, ON

The honourable member just broke the hearts of an awful lot of Canadians who thought they would only have to listen to me for a maximum of two hours. So be it. We are where we are. Good thing I made a pit stop on my way, and we'll see where we end up.

We last left off, Chair, talking about of course our motion. I had assured you that I was very much aware of your mandate as the chair to ensure that my comments remain within the parameters of the motion. I've had some people over the last few days ask why I am not talking more about the bill, and the answer to that is, the second I start talking about the content of the bill, you're going to be all over me, Chair, because at that point I would no longer be talking about the actual motion that's in front of us and would have sort of slid into debate.

Being respectful of your mandate and knowing that you want to keep us all on track, I will endeavour...and have laid out my thoughts in a way that I think continues to respect the rules and the boundaries upon which we can speak to any given motion.

So, where to begin. Such an embarrassment of riches in terms of things to talk about. I think the first thing I'd like to do maybe is talk a little bit about the mandate of the committee, because the motion, of course, is always predicated on the work of the committee.

An understanding of the mandate and the rules of the committee is an important part of understanding the essence of what we're trying to do with our motion. And I remind everybody that our motion is actually very straightforward, and the part of it that is giving the government the greatest amount of trouble is the part where we talk about talking to Canadians, going out into the communities and giving people a chance to have a say about their election law in a way that's meaningful. We believe, in the NDP, in the opposition, that we should be getting out of the safety and security of the Ottawa bubble, and that we should be giving Canadians an opportunity to voice their concerns. And many concerns there are, and I'll get to that part later.

I will be speaking about some of the roles of the committee chair. I will also be talking about what took place not long ago in Yellowknife, where there was another piece of legislation. The discussion, in some ways, Chair, is that the House of Commons, as a rule, normal procedure, doesn't necessarily travel on every bill. It's more commonplace when we do studies.

But the fact remains that although it may not be the usual process, it is not unusual to the extent of being rare or an extreme stretch of the rules that a committee would travel on an actual bill. Of course, we have the evidence of Bill C-15. Just at the end of January, on January 27, specifically, they were in Yellowknife holding hearings—wait for it—on a bill. So any argument that what we're suggesting is an extreme aberration or is stretching the rules or the credulity of members in terms of what's normal is specious. It is in fact a permitted, useful, important tool for committees to travel on certain bills when it's necessary.

I remind the members of the government, through you, Chair, that we already tried to do this in a way that was amicable, that would involve everybody with the least amount of politics, and the government refused. What I'm referring to is when we asked that the bill be sent directly to committee after first reading, and the government—again, you know the kinds of games they play—got up and made speeches: “Well, clearly, the NDP doesn't want to debate the bill because they've already made a motion, or indicated they wanted to send it off to committee.”

Once again it's the government playing fast and loose with the truth.

The reality is that it is a mechanism that is in place to permit members of the House of Commons, through their committees, to start discussing a bill without as much politics. Here's why.

Normally what happens is that the first reading, as a rule, is pretty perfunctory; you stand up, read the bill, it's accepted, there are a couple of formalities, and boom, it's in the system. The second reading is where we're voting in principle; it's at second reading where the parties tend to start locking in. The government stands behind their bill; they're not going to stand up at second reading and start talking about problems with the bill or things that need to be changed, that will happen at committee. They're not about to start that kind of a discussion on a bill without recognizing that they have to stand behind the integrity of their bill. After the second reading, that's when it goes to committee. The problem is that we've already locked in politically; the opposition parties have been pressed by the media about whether they are in favour of this. People get asked if they're in favour of a bill sometimes before it's even finished being introduced to the House. Are you in favour of it, or are you opposed to it? It's the nature of politics in the modern-day communications era.

What happens is parties move quickly, oftentimes without the opportunity to do the kind of in-depth research that one would like to, especially if it has you going, later on, that the position we took in the beginning now that we understand it a little better we have to massage it, and so on. There's a whole political thing around that, and it's the normal way of doing things, and it serves us well in most cases. There are times, however, and this should have been one of them, when...much like we finally are doing on Ukraine, after the embarrassment for the government of being so petty last week as to send a non-unity delegation to a country that needs to be united. We will not let them forget that; it was a sad moment in this government.

I hear you, Chair. Thank you.

We're past that now and we're working together. That's my point; now we're where we should be as a House on the question of Ukraine. Whether we stay there or not depends on how we go forward. But I know that we're all going to do everything we can to stay united around that. Why? Isn't it political? Of course, it's political, it's hugely political, it's arguably the most political question on the planet right now. But the fact remains that some things are so important that we have an obligation, as difficult as that is—it seems easy from the outside—and we need to get above that. From time to time, we have to have the ability to rise above the politics of the moment for a bigger cause. In this case, the cause is the freedom that Ukrainians are fighting for in terms of their country. In this case, what we're talking about is revamping all of our election laws.

Chair, it seems to me that if ever there was a useful time for the House of Commons and the members to act in a unified way, and to try to find a set of rules that everyone can live with.... I use the example of the Olympics, and I think it's a perfect example. No one country set the rules for the games at the Olympics. It wasn't the host country, it wasn't the biggest—being the United States—it wasn't those that won the most medals, it was everybody, and everybody got a say and everybody knew the rules were fair when they went into it. It's clear, not only from the bill...and we see that now, and we'll see it more as we get into it, but we also see it in the way the government acted, Chair. The first chance they had in the House of Commons on this bill after they neglected to consult with any of the political parties and even the Chief Electoral Officer.... How outrageous to bring in an election law. It's insulting to bring in a new election law, and the Chief Electoral Officer was not even consulted. It was pretty clear to us from the get-go that this government was not interested in trying to rise above politics, in trying to have a fair, level playing field for everybody.

They talk about that when they talk about trade issues. They don't want to talk like that when we talk about our election laws.

So it was pretty clear to us, Chair, right from the beginning, that this government's only intent is that by Canada Day they want this law. Quite frankly, they're prepared to take any criticism that I can give, that my colleagues can give, that the public might give, that the media may bring down on them. They are prepared to pay that price in exchange for an election law that tilts the rules in their favour. That's where we are.

Our attempt to bring us back to where we should be, if that can be done this late in the game, was to use a mechanism...in fact, the mechanism was so effective federally that when I was at Queen's Park we brought in a similar rule to have that tool available to us. I can remember specifically that we were dealing with mental health reform. We used that mechanism. It was the first time ever. Norm Sterling, a good Progressive Conservative from Ontario, deserves credit. For the longest time he liked this rule, and when he finally became the House leader he brought it in. He adopted it from the rule that we have here. Again, that rule is that once the bill has been introduced at first reading, rather than then moving to second reading—and as I said people start putting political skin in the game—and having to vote, that you send it off to committee before anybody's locked in on anything. Why? Because it gives everybody the latitude to talk about going in any direction because they haven't pre-locked themselves into a position, either deliberately or inadvertently, by virtue of the words that are chosen at the time.

Councillor Brad Clark in Hamilton was the minister responsible. He wasn't minister then, he was parliamentary assistant, but he did such a good job that in the next round of promotions he was promoted from a parliamentary assistant—as they are called at Queen's Park as opposed to parliamentary secretaries here—to a full minister, the Minister of Labour. He did a great job. The process worked. It de-fanged all the politics. It neutralized everything and then when the bill landed, clearly the government was saying by virtue of their words and their actions that they wanted to see if they could build collectively as good a bill as possible, given the issue: it was mental health. There was no desire to play politics with mental health. There was a need to make things better, to fix some things. Everybody felt that commitment, and it was good work.

I still think one of the reasons Brad got into cabinet was because I, and my good friend the late Dominic Agostino, an absolutely outstanding elected representative, were so good at praising him that we convinced the premier. To be fair, part of it was we wanted a regional minister. We didn't have one in Hamilton. The closest was Burlington, and we didn't consider that to be hometown, and we really wanted and needed a minister from the area, so we had an ulterior purpose. Nonetheless, we still couldn't have done it if councillor Clark, then parliamentary assistant Clark, hadn't done such an outstanding job. So we thought this was a great opportunity for this bill. That was our attempt to get the government to agree to send it here after first reading.

That would mean, Chair, that rather than getting all caught up in the politics, where we are right now—we're into the politics of things—rather than that, we would have gotten right into the issues. Why? Because we still had, if we needed them politically, the tools available when you eventually report back to the House, and you still have a second reading debate.

You still have a second reading vote, and you can still send it back to the committee if you want, with instructions, or you can accept the report and forward it to the minister. All of the options that were available before are still there. You don't give up any of them, but what you do is, you send it to a committee without all the politics, in the hope that making a good law would be the priority.

So how should this have been done? There should have been consultations with the opposition parties. There would have been, if it were a minority, I guarantee you. There should have been consultations, as there were in the past, Chair. This is not something new.

In the past when these kinds of changes were considered, the first step would be to talk to the opposition parties and let them know what you're planning, let them know that this is what you're going to do, and make it a collaborative effort. The second thing you would do, one would think, is ask the Chief Electoral Officer and Elections Canada to come in and give you a briefing on what they think. Remember, still no politics.

I know that work can be done, because we've done it before. In fact, I just happen to have with me some of my notes from that work. You'll remember this, Chair. This is like a blast from the past. You probably have one yourself, framed on the wall as a souvenir of all those years when you chaired this. Remember these?

Remember this? This is a spreadsheet. What's fascinating about this is that it's headed up as “Mapping of the Chief Electoral Officer's Recommendations”. That report was on political financing. This gives you—you can see how it's laid out—what it's about. For the value, it says “trust” and then the subject matter, the current status of the law, the recommendations, and the desired outcome.

11:55 a.m.

Conservative

The Chair Conservative Joe Preston

Mr. Christopherson—

11:55 a.m.

NDP

David Christopherson NDP Hamilton Centre, ON

I was just sharing it with my friends—

11:55 a.m.

Conservative

The Chair Conservative Joe Preston

I understand that.

11:55 a.m.

NDP

David Christopherson NDP Hamilton Centre, ON

—or I can hold it up like this and share it with everybody.

11:55 a.m.

Conservative

The Chair Conservative Joe Preston

But you're to be sharing with all of us—

11:55 a.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Oh, okay. I can do that.

11:55 a.m.

Conservative

The Chair Conservative Joe Preston

—your thoughts on your motion.

11:55 a.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Yes, well, it's related to my motion, because what I'm pointing out—

11:55 a.m.

Conservative

The Chair Conservative Joe Preston

I'll let you bring it back.

11:55 a.m.

NDP

David Christopherson NDP Hamilton Centre, ON

—is why it's necessary to have our motion: because the government has gone down such a wrong path. So of course it's important for me to give you, sir, legitimate reasons why this motion deserves the consideration that it's getting.

Again, this was the kind of work we did last time. So what happens? The Chief Electoral Officer, after an election, they review—duh—they make recommendations for changes—duh—and they hope that those changes will make things better—duh. And they came in with this. Here are all the arguments, the concerns.... My good friend Mr. Lukiwski knows what hours we spent not in being partisan, but in working through these, as people who are part of the electoral process and who are engaged in it. We worked it through.

I will say again that it was one of the most stimulating, enjoyable, and fulfilling exercises that I have done since I've been here, because after 30 years of politics, same old same old doesn't carry the same cachet, meaning government in one corner and the opposition in other corners. But when we come together and set aside those politics, now that's exciting, and that's a challenge, and I think that's when Canadians are most pleased. They know there are times we have to go in the ditch on issues, and they want us to, but at the end of the day, they also look at overall Parliament and hope that Parliament is giving them good governance. This is not good governance, by any definition.

So pages and pages.... For instance.... Let's do a “for instance”, Chair, so I can show the relevancy of it.

11:55 a.m.

Conservative

The Chair Conservative Joe Preston

You keep digging that hole.

11:55 a.m.

NDP

David Christopherson NDP Hamilton Centre, ON

I'm just trying to pick one here that would be.... Here's one, just for the heck of it; and really, I didn't pre-set these.

The value, and the term that Elections Canada has put here, is “efficiency”. So under efficiencies, for examples, they suggest some changes. They list things under subject, current status, recommendation, and then desired outcome.

This was our bible. This was what we used to work our way through this.

Now, under the subject “Extensions of time for filing financial returns”, the current status states: “The existing regime for seeking an extension to the filing deadline for a financial return is costly, cumbersome for regulated political entities and does not promote timely reporting.” The recommendation is to extend the period during which the Chief Electoral Officer may grant an extension by two weeks and lighten the approval criteria, both for the Chief Electoral Officer and the courts. As well, candidates who file late should forfeit half of their nomination deposit.

The desired outcome is that is would allow extension requests to be processed more efficiently and reduce recourse to the courts. It would also encourage greater compliance with the statutory deadlines.

Well, that's the foundation for a good discussion, especially among people who understand this stuff—meaning the people who are elected, because we've all been candidates. That's the kind of work we did, Chair, based on the recommendations of Elections Canada.

Canadians are fair-minded people. They're also pretty smart. But I don't think you need a degree in political science to understand that if you're going to change something as complicated as the election laws for a country like Canada.... Ours is a complex country, in many ways, just because of our geography for starters; the size of us, and our neighbourhood. Yet we find ourselves with a government not only not allowing this kind of documentation to be the basis of our work; they didn't even consult. They didn't even ask.

In fact it was so absurd that the minister, whom I know quite well.... We got here at the same time. I served on the public accounts committee with him for a couple of years. I know the minister very, very well. He's a very smart fellow. But I have to tell you that it was a riot to hear the minister say that his one-hour nice-to-meet-you with the Chief Electoral Officer somehow constituted and was equivalent to an in-depth discussion about proposed changes to Canada's election laws.

What a joke. What a joke. If it weren't so serious, it would be downright hilarious. But it's scary. It's scary that in a modern democracy like this, the government would bring in a complete revamping of the election laws, not consult with the opposition parties, and not even consult with Elections Canada.

Come along. Who believes for one moment that this government is interested in a fair elections act that would make it equal for everybody to have a fair shot at winning? Come along. That is just patently absurd.

To add insult to injury, at the first opportunity the government shuts down debate in the House of Commons. Let's follow the bouncing ball. The government brings in sweeping changes to our election laws. They did not consult with the other parties. They did not consult with Elections Canada. They shut down debate on the floor of the House of Commons on the bill. And they somehow expect that Canadians will believe that this is a fair-minded bill, meant to be fair to everybody—really.

I mean, really. In fact, the only conversation that we're aware of between the Minister for Democratic Reform and the Chief Electoral Officer was a howdy-do meeting, and that's it. That's all he needed. I would love to know—we'll never know for sure—how many outside legal people and experts did get a say and did get a word in this.

Let's remember, there was an attempt to bring in another bill, quite some time ago now, and it got bounced by the Chief Electoral Officer...no, they don't have that power, by the opposition parties...no, they don't have that power, by House of Commons...no, it never got there. Who bounced it? The Conservative caucus put up so much resistance that they sent the minister packing. Now, they didn't go back to the consultation mode. They didn't go all the way back there. All they did was go back internally, and who knows who had a say? What law firms, consultants were hired? I'm not saying that was illegitimate, but what I am saying is that it's inappropriate that only Conservative insiders get a say on the development of an election reform law.

That's wrong, and the only way to counter that, Chair, because the government can consult with who they wish, is through the House the Commons and through the committee, where we force democracy into the situation. That's how a parliamentary system works. It's very different than a U.S. congressional system.

So everybody seems to get their say except people who aren't Conservatives. If you're a Conservative, you have a say—either a caucus member, or lobby groups, who knows? If you're a Conservative insider, then you had a shot at having some input into the election law reform. But if you're the Chief Electoral Officer of Canada, you did not. If you're a Conservative backbencher, you got a say; in fact you got a veto, because the bill didn't make it to the House.

The minister had to stand up and mumble something—I forget what he said, that was the point so he must have done it well. He mumbled through the moment, pulled it back, shut the doors closed, and then the consultation started. But the consultations all took place behind closed doors, with a label on the door that said, “Conservatives only.” No one else need knock, because no one else is coming in.

So is it any wonder that at the very least, Chair, we're trying to provide some counterweight to the strength of the government majority? What's the best strength? What's the best power that you can bring against a majority government in Canada, legally, constitutionally? Just use words. I guess in appropriate places, you could have a protest sign, as long as it's not near a Conservative, because apparently that just freaks them out. But, really, you don't get any kind of a say, except public opinion.

Now, I accept that Canadians aren't exactly storming Parliament Hill, and that's the calculation, Chair, on the part of the government. The calculation is that we will take whatever hits there are, whatever the hits are, as long as we have our law in place by Canada Day, because we have now rejigged the election in such a way that we have the advantage we want.

So rather than worrying about today or tomorrow and anything the media might say or anything the public might do one-off is more than worth it if, on election day, the choices are made using Conservative election laws not Canadian election laws.

Make no mistake, Chair, if they ram this bill through.... At the end of the day, they're a majority government and they are determined to get it, so they will get it. It may be a long day coming, but that day will arrive at some point and they will get to make it law. I guarantee you, Chair, there are going to be major, major problems after the next election, regardless of who wins, because Canadians don't have faith that they have a fair process. Canadians are very, very fair minded. That's why our hope is that if enough Canadians find out what's going on, they will use their collective voices and they will use the influence and authority—I'm going to use that word a little advisedly—of the court of public opinion.

Now, the government's gamble is that long before that could ever reach critical mass it will be law. That's the calculation. There are a lot of people out there. Leadnow was here not that long ago and did a fantastic news conference. I came in and sat through some of the hearings. They are putting advertisements out there. They are trying to get the.... They are not at this point arguing the bill per se or pointing out areas they have concerns about. What they want right now is an opportunity to have their say, and they'd like to have their say in the communities where they live.

12:10 p.m.

Conservative

The Chair Conservative Joe Preston

I'm going to stop you just for a minute. I'm paying closer attention today because it looks like we're going to go for a while. So the interest of the story is very good. It is your motion that we're debating. If you would like to refer to groups that could come here and give evidence, then we could vote on your motion and we could start having those groups here giving evidence. In the interim, could you keep your talk to the motion, your motion, and not about what could be happening. We'd all love to have witnesses here actually giving testimony.

Back to the motion, please.

12:10 p.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Thank you very much, Chair, I appreciate that.

So I would say to you, Chair, that what we could be doing is relevant, and I would say, with the greatest respect, that it is germane because that is my motion. I am putting out one direction. In the motion I am giving some reasons that we've had to do this, Chair. Everything I'm arguing right now is to say why that motion had to be here. We didn't do it because we wanted to be obstructionist. We know there needs to be changes. You, sir, and I, and Mr. Lukiwski, and Mr. Reid, and a number of other people literally spent years—actually I have it here.

We were seized of this on October 7, 2010, and the study was the report of the Chief Electoral Officer of Canada entitled Responding to Changing Needs—Recommendations from the Chief Electoral Officer of Canada Following the 40th General Election. We were seized of that on October 7, 2010, and we didn't finish until February 9, 2012. It was tabled in the House on February 27. In total, we had 24 meetings. There were 11 in the 40th Parliament and 13 in the 41st Parliament. That's the way it came, with the recommendations from the Chief Electoral Officer of Canada. It was a whole report spelled out in just the way I outlined. That makes sense. If Canadians saw that's what we were doing, dealing with the recommendations from the Chief Electoral Officer, we wouldn't be having the politics we're having right now. We would not. There would be no need.

12:10 p.m.

Conservative

The Chair Conservative Joe Preston

I'll suggest to you again—off topic on your motion—that the Chief Electoral Officer could be sitting at that end of the table and you could be having that discussion with him. But at this moment the committee is prevented from doing that.

12:10 p.m.

NDP

David Christopherson NDP Hamilton Centre, ON

Do you want to do that Thursday?

12:10 p.m.

Conservative

The Chair Conservative Joe Preston

There is one way to get there.

12:10 p.m.

NDP

David Christopherson NDP Hamilton Centre, ON

There are lots of ways to get there. That's the problem, Chair. There are other ways of getting to places than the government just using its majority, the tyranny of the majority.

That's what they're doing now. Here's the trick. They're going to probably play some kind of game that will get the committee to sit past one o'clock, and the whole idea is that I can only sit here for so long and then eventually I will have to physically collapse or give up, and at some point that does happen. I'm only human, and being elected isn't supposed to be a physical endurance test, but here we are. The government is going to use the tyranny of the majority to shut this down too. That's what's going on.

Chair, I believe, since there's about to be an attempt to push me off the floor, that I should be given the latitude to explain why it was necessary for us to bring this motion. It is not obstructionist and it's not meant to delay things, at least it's not meant to delay for the sake of delaying. It's meant to delay for the purpose of giving Canadians a chance to see what's going on.

We have also shut down all the travel of the committee. We're using the tools that we have. This is important, and the government is not giving one inch.

I've said they don't care. They've done the political calculation. They will take the hit. They'll take whatever headline might come out of their using their majority today or tomorrow, whenever they use it. They'll take that hit because they're betting—and, unfortunately, it's probably a pretty good bet—that by Labour Day no one will be thinking about election laws because it will all be over before the summer. Then it won't be mentioned again in any meaningful way until after the next election, and by that time all the changes that the Conservatives want that give them advantages in the next election will have been allowed to do their job.

Chair, you know the respect I have for you, and I accept that, at the end of the day, I can only maintain this battle for so long, but until such time as I can't, I am going to battle because this is wrong, and it's wrong because I can point you to a process that we already used—you, me, Mr. Lukiwski, Mr. Reid, and others—that was fair. Never once through that whole process did I or anybody else say, “This is unfair”.

Why did we have that fairness, by the way? Was it the generosity of the government of the day? No. It was because we had minority, and the government didn't have a majority at their disposal to tyrannize with—is that the word? I'm not sure it is...

12:15 p.m.

Conservative

The Chair Conservative Joe Preston

Let's [Inaudible--Editor]