moved that Bill C-424, An Act to amend the Canada Elections Act (contestation of election and punishment), be read the second time and referred to a committee.
Mr. Speaker, I am pleased to rise to speak today to private member's Bill C-424, an act to amend the Canada Elections Act.
The bill would strengthen the federal electoral system to ensure all citizens would have access to due process in the case of contested elections as well as prevent, we hope, the repeat of the potential electoral fraud on a wide scale, which has marred Canadians' confidence in the last general election.
This bill accomplishes two very important things.
First, it would add the Chief Electoral Officer of Canada as somebody eligible under the law to contest an electoral result. Under the current law, and based upon the prescribed grounds in the act, an electoral district result can only be contested by an elector who was eligible to vote in that district or a candidate who ran as a candidate in that district as well.
As we have recently seen, contesting an election is a very expensive proposition and something many Canadians simply cannot afford. By adding the Chief Electoral Officer to the list of people who can contest an electoral result, we are making it possible for Canadians who cannot afford this process to have access themselves to the courts.
We are in no way seeking to alter the burden of proof in contesting a result or changing any other evidentiary requirement. We are simply giving the Chief Electoral Officer of Canada standing to bring an action before the courts, as could any eligible elector or candidate.
In addition, in circumstances where electoral fraud is suspected in more than one riding, this bill will permit the Chief Electoral Officer to better investigate the allegations.
Under the current system, if centralized fraud that affects a number of ridings is committed, Canadians in each individual riding must challenge the election before the courts, still as individuals.
While the act itself may be centralized, the only means available to these people to address the crime is limited to the electoral boundaries.
If the Chief Electoral Officer can challenge all of the electoral results, he or she will be able to ensure that no person or group can hide behind this technical detail.
This approach is entirely consistent with other electoral systems in Canada such as in British Columbia, Ontario and Nunavut, where the chief electoral officers are able to contest the election result in a particular electoral district.
Second, the bill would simply increase the fines for obstruction of the electoral process, for example, on a summary conviction from currently not more than $2,000 to not more than $20,000. For conviction by indictment, as members well know, the current legislation prescribes a fine of not more than $5,000. This bill would increase that to $50,000.
Canadians need to trust our electoral system and its integrity. Anyone who tries to undermine that trust and cheat the system must know that the consequences will be significant. The intent of this clause is to provide an even stronger deterrent to people who might think about cheating our electoral system.
Therefore, two very simple changes are being proposed.
The first aspect is the Chief Electoral Officer will have the ability at law to contest an electoral result in a district. Obviously, this will be done following a thorough analysis by Elections Canada, which is very conscious of the legal requirements of such a contestation.
The second aspect of the legislation we are proposing would simply increase the existing penalties. It would not change the nature of the offences. It would not add new offences. It would simply say that if someone is convicted on a summary conviction of election fraud, we think $2,000 is not the right sanction as a maximum penalty. It should be increased to $20,000 and the same thing on indictment, from $5,000 to $50,000. There is no mandatory minimum prescribed in our changes and our proposals, we are simply increasing the existing penalties for existing offences.
I believe the changes in the bill will strengthen our democracy and help rebuild some of the trust that perhaps has been lost in recent months. The last federal election cast a shadow over a number of electoral districts. Investigations are ongoing in a number of different electoral districts. We think that these changes will ensure that the respect for our electoral system is maintained and that those who seek to violate it would face consequences commensurate with the nature of the offence, that being the undermining of the basic democratic rights of Canadians.
I hope all members of all parties in the House will ultimately support the bill when it comes to a vote. Obviously, should it be sent to committee, I would be willing to entertain amendments or suggestions from all sides of the House in an effort to strengthen the legislation. If there are technical aspects that perhaps can be improved, I would remain very open to the suggestions of my colleagues.