Mr. Speaker, on behalf of the constituents of Surrey Central, I am very pleased to participate in the third reading debate on Bill C-9, the Liberal government's proposed changes to the elections act.
Before I begin my remarks I want to commend the hon. member for Lanark—Carleton for his significant contribution to this debate. His comments are highly appreciated.
The bill has two main focuses. First, Bill C-9 would amend the Canada Elections Act so that candidates, other than those of registered parties, may have the option of indicating their political affiliation on the ballot. Second, it provides for various technical amendments that would correct certain details of the new Canada Elections Act. The bill is supposed to amend the Canada Elections Act that became law on September 1, 2000 in the last parliament.
The Liberals passed the bill only a few months ago. The bill we are debating today is the Liberal government's attempt to correct the mistakes they made in the previous bill in the 36th parliament.
The official opposition is continuing to try to force the government to do its work, as we asked it to do in the 36th parliament. I spoke to that bill in the last parliament and I warned the government about the pitfalls which it did not prevent.
As I said at second reading of the bill, I do not mind helping the Liberals to do their homework. I will present some ideas which the government can listen to and adopt amendments to the bill so that it does not have to amend it again after a little while.
The chief electoral officer appeared before the procedure and House affairs standing committee that conducted hearings on the bill last month. He said that these technical amendments did not raise any administrative concerns, apart from the fact that they were not exhaustive. The chief electoral officer also said that he had discovered other provisions that would warrant revision since some of these technical amendments created undesirable effects. The light is flashing, but I do not know if the Liberals are listening.
For example, Bill C-9 does not resolve the incongruity of the situation in which eligible and suspended parties are considered exactly like third parties. There should be some difference between a small political party and one that has been suspended. These two types of party status are seen as the same. However they are different and our laws should reflect that. At this late stage of the bill's progress, that is third and final reading, I ask the government what will it do about the fact that suspended parties are treated the same way as a small party. It is unfair.
There is also a concern that parties, which are not represented in the House regularly, raise questions about their participation in the electoral process. The chief electoral officer is concerned about the frequency and wide range of complaints about how smaller parties are treated and the obstacles they face trying to compete with large, more established political parties like the governing Liberals. Our electoral system should be fixed so that everyone is treated fairly and equally. The weak Liberal government that lacks vision is not addressing these problems in the bill.
The chief electoral officer will be tabling a report in the fall of 2001 wherein he will suggest ways to improve the current system. We look forward to his report, but I am sure that members on the government side do not.
The bill's provisions regarding the identification of political affiliation on ballots raises another question. It creates a two tier political party system, with different kinds of benefits accruing to political parties, depending on whether they are large parties with 12 or more candidates or small parties. The Liberals are only passing the bill because they want to limit their competition. That is undemocratic.
During the debate at second reading we heard many speakers indicating the problems they had experienced with Elections Canada during the last election and in the previous election. The government could make improvements to the way we conduct our elections. The Liberals have refused to pass Canadian Alliance amendments proposed at committee stage. Those amendments would have made the bill more acceptable to smaller parties.
For example, leaders of Canada's smaller political parties testified before the procedure and house affairs standing committee on the invitation of the Canadian Alliance critic for intergovernmental affairs. Ron Gray, leader of the Christian Heritage Party; Chris Bradshaw, leader of the Green Party; and Miguel Figueroa, leader of the Communist Party testified to the discriminatory spirit of the bill.
Under the bill proposed by the Liberals, large parties with 12 or more candidates or registered parties would have the right to receive final electors lists, issue tax receipts, reimbursement of partial election expenses, broadcasting time on national TV and preferential rates during prime time. Smaller parties and independent candidates are barred access to those resources.
At committee stage of Bill C-9, the Canadian Alliance tried to have several amendments passed but the Liberal dominated committee refused them. We tried to have the Liberals adopt the following amendment:
The Chief Electoral Officer shall deliver a printed copy and a copy in electronic form of the final lists of electors for each electoral district to each candidate.
We wanted to change the word party to candidate. This would make the act more democratic. There is no reason to prevent any candidate from receiving that list. It would be undemocratic if candidates were not treated fairly and equally and were not given the electors list so that they could do their campaigning. How could we prevent them from having access to the final electors list while candidates from established larger political parties have access to that list? That is very unfair. The Liberals refused to accept that amendment.
Another amendment submitted by the Canadian Alliance would strike the phrase, in the preceding election, from subclause 12(2)(d). In the case of a general election a party has candidates whose nominations have been confirmed in at least 12 electoral districts.
The way the clause reads now and would continue to read prevents a candidate in a byelection from having the party name with which he or she is affiliated appear on the ballot unless the party was qualified to have its name appear on the ballot in the previous general election. This again is an unfair situation that new political parties would face in a byelection.
The Liberals should not be afraid of new political parties. The government should be careful not to put any barriers in the way of new parties. This would encourage democracy to flourish, but the Liberals do not want that.
In clause 17 of Bill C-9 we tried to have subsection 335(1) of the act replaced with the following:
In the period beginning with the issue of the writs for a general election and ending at midnight on the day before polling day, every broadcaster shall, subject to the regulations made under the Broadcasting Act and the conditions of its licence, make available, for purchase by all political parties for the transmission of political announcements and other programming produced by or on behalf of the political parties, six and one half hours of broadcasting time during prime time on its facilities.
Once again, the official opposition was pleading the case of smaller or newer political parties. We wanted to remove the word registered from appearing before the word party so that any party could have access to broadcasting time, thus giving all parties an equal opportunity.
We tried to make it possible for a party to become a registered party if it could obtain the names of 5,000 electors who were members of that party or who supported the right of the party to be a registered party. It would be fair and make our democracy more open and transparent. However the Liberals refused it.
Most Canadians feel that under our electoral system every candidate in Canada must have equal access to the electoral list and the ability to issue tax receipts regardless of political affiliation, but the Liberals do not want that. They are so arrogant and heavy-handed and into power and control that they want to crush even the smallest voices in our electoral system. The bill is all about incumbency protection.
It is apparent that the Liberals would go to any length to protect their seats and even deny the democratic rights of other Canadians. We must not forget that the bill is the government's response to the Ontario Court of Appeal ruling on Communist Party leader, Mr. Miguel Figueroa's challenge to the limitations imposed on smaller parties as a result of Bill C-2 that came into effect in November 2000.
Bill C-2 was flawed. The Liberals did not listen to the opposition, other Canadians and witnesses who appeared before the committee. I spoke in the debate on that bill in the previous parliament and I warned the Liberals that their phony bill would be challenged in the courts. I warned them that they would lose the case. It was challenged and they did lose the case.
The Communist Party has pledged to sue the government as soon as Bill C-9 is passed. I warn them again. I may have to speak again when the bill comes back before the House. I remind them that it is the opinion of the four political party leaders who testified before the committee that the Liberal government is only grudgingly complying with the Ontario court's decision. It is doing so in the narrowest possible sense. Anyone supporting Bill C-9 is pulling up the drawbridge to the House of Commons.
If these measures had been in place 10 years ago, new parties like the Reform Party of Canada would have been barred access to the vital resources that facilitated its rise to the office of the official opposition and now the Canadian Alliance Party.
Among other technical matters Bill C-9 also stipulates that if the chief electoral officer wishes to examine alternative voting processes such as electronic voting, the alternative cannot be used without the approval of both the House and the Senate committees. Under the current legislation only approval of the House of Commons committee is required to give the chief electoral officer the freedom to examine alternatives that are innovative and could help modernize our electoral process, which is a good thing.
However on this side of the House our ears perk up when we hear the word Senate. Are the Liberals preparing to have the Senate kill any innovative ideas the chief electoral officer wants to propose? We know for sure that we cannot trust the government.
At committee hearings the Canadian Alliance proposed to amend this part of the bill but our amendment was again struck down. We know that the Senate is not elected. How could it interfere with the election process when senators are not elected? It is very unfair and undemocratic. The Canadian Alliance policy declares:
To improve the representative nature of our electoral system, we will consider electoral reforms, including proportional representation, the single transferable ballot, electronic voting, and fixed election dates, and will submit such options to voters in a nationwide referendum.
Bill C-9 does not go far enough to democratize our electoral process. We believe all parties should be treated equally and fairly, not merely those with 50 or more candidates or 12 or more candidates.
It is unfortunate that when the House was debating Bill C-2 in the last session the Liberals ignored the Reform Party's recommendation to drop the 50 candidate rule. As usual, the Liberals were forced into action not by the wishes of Canadians but by a court ruling.
When Bill C-2 was before the procedure and House affairs committee, constitutional lawyer Gerald Chipeur made it clear to the Liberals that the 50 candidate rule would be struck down. The Canadian Alliance always rejected the Liberal's claim that the 50 candidate rule was designed to protect voters from frivolous parties.
The Canadian Alliance believes that voters and not the government, this arrogant, weak Liberal government that lacks vision, should decide whether a party or candidate is worthy of their vote. If Canadians feel a candidate or political party is worthy of their vote then they should vote for them. It should not be up to the government to tell Canadians which candidate or party is worthy of their vote.
The Canadian Alliance is very unhappy that Bill C-9 creates two classes of political parties. There should be an equal and fair opportunity for each party and candidate in the electoral process. However the bill denies that. It creates two classes of parties.
The Canadian Alliance believes the Canada Elections Act should be neutral and treat everyone equally and fairly. Bill C-9 is not neutral because of the reasons I have mentioned. It creates two classes of political parties and does not give equal opportunity to all candidates. We are therefore left with no option but to oppose the bill.
The government still has time to give Bill C-9 a second thought. I know it is late, but the government should have given it a second thought and accepted the amendments, listened to the witnesses in committee and given every candidate and party an equal opportunity.
The bill is not only undemocratic; it is anti-democratic. We have an elected dictatorship in Canada and that will not change if the bill is not changed. Let us see how Canadians feel. We on this side of the House oppose the bill.