Mr. Speaker, it is a pleasure to speak to the bill.
I want to start by referring to the comments made by my friend from the Bloc. His answer in response to my question underlined the problem with the bill. Opening up people's privacy has nothing to do with voter participation. He established that with his non-answer to my question.
More people do not vote because their birth date is on the electoral list or shared with political parties. I made it very clear that many people who have contacted me about this big brother bill have said the reason they would not vote in the next election would be because of this bill. It is counterintuitive to have people's privacy put on the altar and say that it will somehow increase voter participation.
It is important to look at the origins and the trajectory of Bill C-31. This bill is the result of a report by the procedure and House affairs committee, which I have in my hand. The report was very general in nature. The committee looked at the previous election to see if voter participation could be improved, how the machinery of government could be improved to allow elections to run more smoothly and to ensure that as parliamentarians we could improve elections by design to increase the number of people participating in elections.
It was interesting that after the committee report was tabled, very quickly there was a response from the government. That is not unusual, but the part that was strange was that the government cherry-picked from the Commons committee report. It came up with suggestions and lo and behold, after the response from the government, Bill C-31 was before us.
I point this out because Bill C-31 was not part of the Conservative Party platform. It was not a suggestion that had been made by grassroots organizations. It was not something that had been on the radar in general for people who are looking at how elections are conducted.
It was very interesting when I heard at committee the witnesses' concerns around the bill. They had concerns regarding the privacy issue. For anyone who is watching, listening or reading the transcripts, what the bill would do is it would require when voters presented themselves to vote, to have voter identification, government issued photo ID. When a voter did not have photo ID, there was a series of conditions regarding other documentation that would be allowed. Finally, if a voter did not have identification, there would be a process by which another person could vouch for the voter.
We heard from people who deal with the homeless, first nations, aboriginal peoples and people who represent students. They have said that this was a bad bill. Notwithstanding, and I am sure we will hear this from the government in response, there is a method for people who do not have proper ID to be vouched for.
The problem heard at committee was that the government is proposing in the bill that one person can vouch for another person as long as they are on the voters list. I underline this because people who are advocates for the homeless, first nations and students said that this is not necessarily an option for the people they represent, because they might not be able to find someone who is on the voters list or who resides in the riding, which is required in the bill.
The other critical issue, of course, is the privacy issue. I raised it at committee. It is worth noting that according to the bill every voter's date of birth will be published on the voters list for Elections Canada to verify that the person before an elections official is the person who is eligible to vote. That sounds fine, except when we look closer at the bill, there is also a verification number for every voter.
Photo ID is required. There is a verification number for every voter. The birthdate of every voter is on the electoral list. I opposed the inclusion of the birthdate and the NDP opposed the inclusion of birthdate information on the electoral list because of its dissemination. Every riding has hundreds of polls. There are 308 ridings. That is a lot of information being floated around. This is not anything against the good people who work as poll clerks during elections; it is just obvious that this information could fall into the wrong hands.
What has shocked me the most was the amendment by the Bloc, supported at committee by the Liberals and eventually by the Conservatives in the House, that birthdate information would actually be shared with political parties. I want to underline that all political parties, not just the ones in this House, but every single registered political party would have the day and year of birth of every single voter.
It is important to underline that because the Senate wants to make an amendment. While I welcome that, it does not go far enough. This bill at its foundation is flawed for reasons I have already mentioned about those people who might not normally have access to proper identification.
I brought forward these concerns at committee. At the time the Bloc and the Liberals got together to pass this amendment to share the date of birth information with political parties. Members should try to explain that to their constituents. I could not, I would not and I refused. I fought it at the committee. The Conservatives at the committee opposed this amendment, but when the bill came to the House, we heard from the government House leader that in the spirit of cooperation to get the bill through, the Conservatives would not fight this amendment.
I am sorry, but when it comes to issues of privacy, protection and integrity we do not just look the other way. That is exactly what members of the Conservative Party did. They looked the other way on privacy. I have a letter in my hand from Ms. Stoddart, the Privacy Commissioner of Canada. The letter suggests that this is a problem for her as well.
There are two parties, the Liberals and the Bloc, that got together to benefit themselves to give birthdate information to their political organizations. Clearly, the political parties see this as a bonanza. They can target voters. For the Liberals I am sure it is helpful because they can do some fundraising. The Liberals have to look to new sources for their fundraising. They will have to fill the void after having relied for so long on big donors. With this information, they will now focus their attention on citizens. It is very tempting for political parties to have this information.
People should not buy the idea that somehow this is going to help with verification of voters. There is already in the bill a verification number and photo ID is required. The idea that we would actually sell out privacy and the government would look the other way in order to get the bill through does not wash.
The amendments from the Senate are in front of us. I will establish that not only do I have a problem with the inherent contradiction with the Senate sending us amendments on elections legislation, but also the Senate amendments do not go far enough. They do not deal with those who, we heard at committee, will be disenfranchised, the homeless, aboriginal people and students.
There is a Globe and Mail editorial that talks about the whole issue of privacy. It says:
As Privacy Commissioner Jennifer Stoddart explained in a recent letter to [myself] whose party was the only one to oppose the bill, “One of the basic rules of data protection is that personal information should be collected and used sparingly and in proportion to the problem it is intended to address.” But the bill, which sailed through final reading in the House of Commons last evening, pays no heed to her legitimate objections.
Not only is the Privacy Commissioner against the bill, but from this editorial it would seem that Globe and Mail editors are against it as well. They underline the importance of why is the bill in front of us, what is the issue, what is the problem?
The government has put forward a notion that there is a huge problem with voter fraud. To be fair, it has been careful to underline it as potential voter fraud. If that is the issue, then I have no idea why the government did not look at other common sense solutions to deal with potential voter fraud. We put forward ideas at committee, at amendment stage, and made suggestions as to what the government could do.
We all know that voter cards are ubiquitous and often are left lying around in many apartment buildings. There is the potential for voter fraud. The NDP suggested in committee, and received the nod from the Chief Electoral Officer, that those voter cards should be in a sealed envelope. That would make sense. It is not exactly a high tech solution, but it would ensure that voter cards were not left lying around and instead would be sent directly to the voters. That was our first common sense solution.
The second common sense solution we put forward was to have universal enumeration at every election. When the Liberal government brought in voters lists, it was not to make the list more accurate, but rather to save money. In our democracy, if there is one thing we should invest in over anything else, it is the integrity of our voting system, and that means the voters list. That means having universal enumeration.
There used to be enumeration. People would go door to door to make sure that everyone had a chance to get on the voters list. Verification was done and the voters list was more accurate. I do not know a person in this House or in this country who would say that since we have had the centralized computer voters list that we have had more accurate representation.
Those two common sense solutions should have been adopted before we sold out people's privacy, before we put up barriers to the franchise to the most vulnerable, and before we got into this taffy pull between the Senate and the House. I agree with the Bloc and the government that it is passing strange we are waiting on the Senate to tell us how to run elections.
The bottom line is that this is a flawed bill. It is a big brother bill. The fact that it sailed through committee should not pass it off as being a valid bill. In fact, it is vapid in terms of what it is trying to do.
I want to underline what this bill claims to do and what the results will be if it passes. Not only will there be problems with privacy, but I believe the bill will be challenged on two fronts.
In testimony before the committee, the Chief Electoral Officer said that because of the new requirement for photo ID, more than 5% of eligible voters will not be able to vote. They will show up at the polling station perhaps five or 10 minutes before the polls close without their ID and will be told to go home. Therefore, they will not have the opportunity to vote. Others have mentioned this. I think of Duff Conacher, who has written about this extensively.
We might end up with a situation akin to what happened in Florida in one of the U.S. elections. This is not my submission. It is the submission of others. Others will call into question the validity of the election because people will not have been able to exercise their franchise. There will be situations where there are close votes. Those votes will be challenged. In a minority Parliament, that might decide which party did or did not form government.
Elections Canada will do a good job in promoting the required changes, but if we do not have a safety valve like the statutory declaration that the NDP put forward, which works in provinces with high voter turnout, then people will challenge the outcome of the election. That could lead to some unintended consequences.
I am putting everyone on notice that others have looked at this and they are saying that they will need to challenge this bill in court, some for civil libertarian reasons, some because of the private aspects and others because they believe that this kind of legislation is inherently wrong.
In summary, what we have in this bill is a Standing Committee on Procedure and House Affairs report that looked at elections in general and how to improve things. The report was tabled in Parliament soon after and, this is the part about the Conservative play book, the Conservatives used the committee report to cherry-pick and back a bill they had intended to put forward because that is exactly what happened. There was a response to this committee report very soon after and, more quickly than I have ever seen, a bill was in front of us based on the government's response to a committee report.
In that report we had the requirement for photo ID and then a cascading requirement, for those who did not have photo ID, to use other forms of ID. At the end of the day, people who are most disadvantaged, be it the homeless, aboriginal people or students, would be vulnerable.
It is interesting that a couple of weeks ago the government announced, with great fanfare, democratic reform week. If we were to believe the advertising, the government was doing everything it could to ensure that more people had access to the franchise. They need to look at this bill because what I have just outlined are barriers to franchise.
The Conservatives talked recently about having more young people vote by having an extra day to vote, which they had no scientific proof for. They had a nice photo op with some people in front of the Centre Block and somehow we were to believe that because of this extra day of voting we would have higher voter participation.
What they need to do is examine Bill C-31 and tell me honestly, when they look at the privacy provisions for allowing one's birthdate to be included both on the voters list and shared with political parties, notwithstanding the amendments, the fact that more young people will be required to show ID that they might not have access to, people concerned about privacy telling me they will ask to be taken off the voters list because they do not want big brother and the government, which is kind of strange coming from what used to be a party of libertarian dimensions, they do not want that to happen. They will take their names off the voters list and at the end of the day what we have is a bill that would undermine voter participation and not buttress it.
When we put this all together, we should keep in mind that the government did not want to listen to common sense, which was to have voter ID cards put into envelopes to prevent the concerns around voter fraud because people are using these cards or could, and the fact that there were four cases of voter fraud during the last three elections. In fact, there was more candidate fraud than voter fraud when members crossed the floor, which we remember, after they advertised that they would run for the Liberal Party or the Conservative Party.
Everyday people are more concerned about that fraud than the potential for voter fraud. They are more concerned about their privacy rights being trashed than they are about having these kinds of provisions put in. At the end of the day, they see that this bill would not improve our democracy. It would undermine it.
I would ask all members to keep in mind that when they go to their constituents or when this becomes a court case, because I believe it challenges the franchise, and many lawyers have said it, that the Conservatives were the ones who sat by and rubber stamped this process.
I urge all members to stand up against this bill, stand for democracy and more voter participation, and ensure we have a democracy we can all be proud of. I urge all members to vote against this bill and send it back. The Senate has made some minor improvements on the birthdate information but at the end of the day this is a flawed bill, a big brother bill and does not deserve to be passed.