Evidence of meeting #127 for Procedure and House Affairs in the 42nd 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.
9:10 a.m.
Legal Counsel, Legal Services, Elections Canada
I won't comment on whether it's necessary.
9:10 a.m.
Legal Counsel, Legal Services, Elections Canada
The election official maintains a broad mandate to maintain order. They can ask someone to leave. The directive will be for them to call the police.
The amendment removes the use of force to ask people to leave, and also arrest without a warrant. It may pose problems delivering, for example, a charter caution, which is a complex affair. Not all election officers will feel comfortable doing that. They won't have the specialized training to do that. The amendment reflects the reality that the job is for the police officers to remove people, in Elections Canada's mind.
9:10 a.m.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
The amendment reflects the reality that it's an officer that removes...?
9:10 a.m.
Liberal
The Chair Liberal Larry Bagnell
Is there further discussion?
(Amendment negatived)
Stephanie, we'll go to CPC-138.3, please.
9:10 a.m.
Calgary Midnapore, CPC
This is similar to CPC-138.1, in that it maintains the existing provisions allowing for removal or arrest of disruptive persons at polling stations. Here, specifically, it says, “The officer who arrests a person under subsection (3) shall without delay”.
The bill alleviates this and we are suggesting that we maintain the existing provision as it is.
9:10 a.m.
Liberal
The Chair Liberal Larry Bagnell
Is there debate?
(Amendment negatived)
Stephanie, we'll now have CPC-139.
9:10 a.m.
Liberal
The Chair Liberal Larry Bagnell
You're not moving it. Okay.
(Clause 320 agreed to on division)
(Clauses 321 and 322 agreed to)
(On clause 323)
On clause 323, there's CPC amendment 140, which has some ramifications. If this is adopted, Liberal-40 cannot be moved, as they are virtually identical. If CPC-140 is defeated, so is Liberal-40.
On CPC-140, go ahead. You can present it.
9:10 a.m.
Calgary Midnapore, CPC
This is the Chief Electoral Officer's recommendation to protect against misleading publications claiming to be from Elections Canada.
9:15 a.m.
Liberal
9:15 a.m.
Liberal
David Graham Liberal Laurentides—Labelle, QC
It's obviously well phrased. It's fine.
(Amendment agreed to [See Minutes of Proceedings])
9:15 a.m.
Liberal
The Chair Liberal Larry Bagnell
It's unanimous.
As CPC-140 is adopted, Liberal-40 cannot be moved.
CPC-141 has ramifications as well. If adopted, PV-14 cannot be moved, as they amend the same line.
Could you present CPC-141?
9:15 a.m.
Calgary Midnapore, CPC
This is to extend the “misuse of computer” offence to efforts to undermine confidence in election integrity.
9:15 a.m.
Calgary Midnapore, CPC
I can't confirm that.
It says:
results of an election or of undermining confidence in the integrity of an election,
9:15 a.m.
Liberal
9:15 a.m.
Legal Counsel, Legal Services, Elections Canada
If I may, the Chief Electoral Officer expressed concern with the mens rea element in this amendment.
The intent element, which is twofold, currently requires that someone “fraudulently, and with the intention of affecting the results of an election”.... The concern was that this is a limited scope and it may lead to unforeseen or unanticipated limits. For example, the word “election” in the Canada Elections Act has limited meaning. It does not include leadership contests or nomination contests.
With regard to the word “fraudulently”, if someone is authorized to access a computer system, they would not fall within the scope of this provision. Then, in a third, and perhaps more significant way, the intent may not be to affect the results or the integrity, it might be something that falls outside of that and yet is germane to the electoral process.
The Chief Electoral Officer's recommendation was to remove the mens rea element, the intent element, from the provision.
9:15 a.m.
Liberal
9:15 a.m.
Legal Counsel, Legal Services, Elections Canada
Neither. I'm simply reiterating the position that the Chief Electoral Officer took when he appeared, I believe on September 25, and submitted a table with respect to certain amendments that he would like to see.
9:15 a.m.
Liberal
David Graham Liberal Laurentides—Labelle, QC
Conservative-141, Green-14, and Liberal-41 all tend to do the same thing, but Liberal-41 solves the problem of referring to elections, which they're discussing. I think it's the cleanest version of this.
Of the three, I recommend that we take the Liberal one. That is the cleanest one.
That's my recommendation.
