Procedure and House Affairs Committee on Nov. 12th, 2020

[Amber Potts]

Our expectation is that the outreach workers from Elections Canada would work closely with first nations leadership in preparing for the election with regard to whether they want a polling station or don't. If they don't want a polling station, it must be ensured that those individuals who want to participate are aware of how to participate through other means, like mail-in ballots.

[Corey Tochor, Conservative, Saskatoon—University, SK]

Thank you very much.

I think that's my six minutes.

[The Chair, Liberal, Ruby Sahota]

Thank you.

I'm sorry about the technical difficulties. You won't believe it, but my computer overheated because of all the sun was coming through the window. I guess it's a good problem to have in November in Ottawa.

Next up we have Mr. Alghabra for six minutes.

[Omar Alghabra, Liberal, Mississauga Centre, ON]

Thank you, Madam Chair, and welcome back.

My thanks to Mr. Therrien.

for stepping in as well.

Thank you, Ms. Potts, for being here. It's really important to include your perspective and input in our study.

We've been asked to offer recommendations to Elections Canada in preparation for a potential election, whether it happens during a pandemic. We want to make sure that we examine all circumstances and, certainly, making sure that first nations have access to exercise their right is a fundamental element of this process.

I want to ask you to expand a bit on what you said about the unique circumstances on reserves for mail-in ballots. Can you expand a bit on that and tell us what you think the challenges are there?

[Amber Potts]

Generally people use a post office box as an address, not a legal land description. In the city, obviously, my address is really clear here in Ottawa, but back home I use a PO box, and it's difficult to understand how to participate via mail-in ballot without a legal land description and if you have a rural address.

[Omar Alghabra, Liberal, Mississauga Centre, ON]

Would your recommendation be that we ask Elections Canada to accept a PO box address?

[Amber Potts]

Absolutely.

[Omar Alghabra, Liberal, Mississauga Centre, ON]

Do you have any thoughts on the mechanics of mail-in voting? I'm examining the mail-in ballot option because it might be one of the most efficient ways of ensuring that everybody, especially in a pandemic, has a simple way to access their rights. Can you also describe or offer your input on how the process should be for soliciting a mail-in ballot and how an individual would mail it back? Should there be an intermediary on reserve? Do you have any thoughts on that?

[Amber Potts]

I don't have specific thoughts on how Elections Canada should manage it, other than to say that it's important to let band administration know so that they can share with their community members how people can participate in the election. If there is an opportunity to participate via mail-in voting, I think Elections Canada needs to let first nations know how that process will roll out and how they can register for the mail-in ballot, and that there be support locally so that people can register. It is difficult to engage in bureaucratic systems. Particularly elders and people for whom English isn't a first language need support to navigate that bureaucracy, so it should be as early as possible and with as much support as possible.

[Omar Alghabra, Liberal, Mississauga Centre, ON]

I should also have asked if you agree that mail-in ballots are a good option, given the circumstances.

[Amber Potts]

I do agree that a mail-in ballot is a good option, should it be accessible to rural and remote voters.

[Omar Alghabra, Liberal, Mississauga Centre, ON]

You made recommendations as well about making sure that Elections Canada recruits members of first nations and trains them. Obviously, there's giving a heads-up as early as possible. Are there any other recommendations that you think we should incorporate in our report?

[Amber Potts]

I'll just revisit what I mentioned in my remarks. There's making sure that first nations have access to PPE should they have polling stations on reserve. Making sure our first nations staff are supporting the election is one of our key recommendations, and recognizing first nations' jurisdiction to say yes, they want a polling station, or no, they don't. Those are the key considerations from the perspective of the Assembly of First Nations.

[Omar Alghabra, Liberal, Mississauga Centre, ON]

Okay. Thank you very much, Ms. Potts.

[Amber Potts]

Thank you.

[The Chair, Liberal, Ruby Sahota]

Thank you.

Monsieur Therrien, you have six minutes, please.

[Alain Therrien, Bloc, La Prairie, QC]

Thank you, Madam Chair.

Welcome, Ms. Potts, and thank you for being here.

We often talk about indigenous nations. Unfortunately, some feel that these nations are all the same. So they will come up with things like an overall percentage for voter turnout. However, we know—you know even better than I—that indigenous nations are distinct from each other and sometimes have huge cultural differences. For example, in my constituency, members of the Mohawk community vote in far fewer numbers than you mentioned earlier.

Have you done any studies to shed light on the variations between indigenous nations, to explain why some vote more than others, and to try to better understand the variables that influence voting habits?

[Amber Potts]

That's a hard question, but yes, I think there are studies that can be done. Obviously, the position of some nations is that they don't participate in the federal electoral process because they consider themselves sovereign, such as the Mohawks. That's a well-documented position.

Where we have some more information is on individual motivations, and I think that is an important area of study. In addition to political motivation, we've seen studies showing that if there's a first nation representative running, there's more likelihood that first nation voters will turn out.

It's an area that definitely needs more study. We have a lot more questions than answers, and I'll just mention that in addition to individual motivations and positions of nations generally, there are also other impacts, like the timing of the fixed election. The timing of the fixed election in October falls right in prime hunting season, and this is the period when people are out on the land and not thinking about going to the community hall and casting a vote, because they're busy filling up their freezers and making sure their families have resources for the winter. That impacts first nation participation in the election as well.

[Alain Therrien, Bloc, La Prairie, QC]

I feel that we could talk about this for hours, because it's so interesting to determine each nation's motivations.

If I may, I am going to talk about the reality of the Mohawk nation in my constituency. I live very close to their territory. I have noticed that the Mohawks do not vote on their territory, but they do travel to Sainte-Catherine to vote.

I wonder if they had the opportunity to vote at home and declined, or if no one has offered them the chance to vote on their land.

[Amber Potts]

I think Elections Canada would be better placed to answer details on the question, but I will say that through our outreach work with Elections Canada, through the AFN communication channels and through contacting band administrators, we reach out to every first nation to ensure they're aware and their administration is aware of how to participate in a federal election should they choose to do so.

There's an awareness there, but a decision not to participate for a variety of reasons I would leave to the Mohawk to better explain or share with you.

[Alain Therrien, Bloc, La Prairie, QC]

I understand that, since the beginning of the pandemic that is sweeping through Quebec, our Mohawk friends and colleagues have been more inclined to stay home to protect themselves from the virus, something we understand very well. That's what I have heard, but I would not want to say anything inaccurate.

In your opinion, if they have to vote outside their territory during the pandemic, do you fear a dramatic drop in voter turnout, which is already very low in their case?

[Amber Potts]

This morning I heard from one of our elders in Mohawk territory that there is real concern about people being affected by the virus on both sides of the border. Certainly the community has taken measures to protect itself, and that's why I mentioned in my remarks the importance of mail-in ballots and making sure that this process is accessible to first nations people living on reserve.

[The Chair, Liberal, Ruby Sahota]

Thank you, Ms. Potts. That's all the time we have.

Go ahead, Mr. Blaikie, for six minutes, please.

[Daniel Blaikie, NDP, Elmwood—Transcona, MB]

Thank you very much.

In your opening remarks, you emphasized the need for jurisdictional clarity in ensuring that first nations are able to put in place the kind of public health measures they feel are most appropriate for their communities.

I wonder what you think the best mechanisms for obtaining that clarity would be. Does it require legislation? Is it something that could be done with a ministerial statement? Is there a need for some kind of joint statement by various levels of government, including first nations governments themselves, or an MOU or something?

What do you think is the simplest and most direct method for getting that kind of jurisdictional clarity?

[Amber Potts]

With regard to the election and participating in the election, simply I think first nations have the jurisdiction. I don't think any type of agreement is needed to recognize that—anything formal—because our jurisdiction to govern our communities is inherent.

Clarity with Elections Canada staff and the electoral process is really important for them to understand that first nations have the authority to dictate the conditions for safety for their community members.