Procedure and House Affairs Committee on Oct. 18th, 2018

[The Chair, Liberal, Larry Bagnell]

We haven't had one for a while.

(Amendment negatived: nays 5; yeas 4 [See Minutes of Proceedings])

(On clause 347)

There's no new clause 346.1. We'll go on to clause 347.

There is one amendment proposed, CPC-166.

Stephanie.

[Stephanie Kusie]

I feel good about this one. With third parties, it adds candidates' collusion with foreign third parties to the list of illegal practices, which also triggers prohibitions on sitting and voting in the House.

[The Chair, Liberal, Larry Bagnell]

Do the officials have any comments on this?

[LCdr Jean-François Morin]

The motion is quite clear. The concept of illegal practices and corrupt practices is found in section 502 of the Canada Elections Act, and the consequences are found in subsection (3), paragraphs (a) and (b). There is a prohibition on being elected to or sitting in the House of Commons, or holding any office in the nomination of the Crown or of the Governor in Council.

[The Chair, Liberal, Larry Bagnell]

Mr. Cullen.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

I wasn't sure if this came up in the Del Mastro case, that if you break certain sections of the Elections Act, then you can't stand as a candidate for a certain amount of time. Am I right?

[LCdr Jean-François Morin]

Those are the provisions exactly.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

Can you remind me of what that provision is? Is it five years?

[LCdr Jean-François Morin]

It depends. For an illegal practice, I think it's five years.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

It's five years.

[LCdr Jean-François Morin]

In the case of an illegal practice, it's during five years, or in the case of a corrupt practice, it's during the next seven years.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

It's either five or seven. This would help me out, to add in the fact that someone convicted of this would not be able to sit in the House.

Even if elected, if convicted of this collusion, they would essentially not be able to sit in Parliament to which they were elected.

[LCdr Jean-François Morin]

Exactly.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

What happens then? You can't force a by-election, can you?

[LCdr Jean-François Morin]

We would have to refer—

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

The elected person might be doing jail time. What do you do about that?

[LCdr Jean-François Morin]

We would have to refer to the Parliament of Canada Act, to the vacancy provisions, which I don't have in front of me, unfortunately, but I can look it up and get back to you.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

It's not that I'm against the concept. I'm just looking at what the consequence would be. Could you simply have a vacated seat without the concept of a by-election forcing the recasting of the vote? If someone is convicted of this crime.... They might be doing jail time, which is another whole category in the Parliament of Canada Act.

[The Chair, Liberal, Larry Bagnell]

Mr. Nater, did you want to add something?

[John Nater, Conservative, Perth—Wellington, ON]

I believe in that case the House would have to exercise its privilege to vacate the seat.

[The Chair, Liberal, Larry Bagnell]

Thank you.

[Nathan Cullen, NDP, Skeena—Bulkley Valley, BC]

The MP would be an elected candidate. Their having been elected as an MP, the House would have to expel them.

[David Graham, Liberal, Laurentides—Labelle, QC]

We can vote them off the island.

[The Chair, Liberal, Larry Bagnell]

Then it basically adds another reason why you could get all these penalties that are already in the act, right?

[LCdr Jean-François Morin]

Right. We just looked it up in the Parliament of Canada Act. This wouldn't result in an automatic vacancy in the House. It would not result in an automatic vacancy, so the person could resign or otherwise.