Mr. Speaker, I thank the sponsor of the bill who, I believe, does so with good intention and with a skilled hand as a legislator in this place.
The bill would amend the Canada Elections Act to increase the fines for serious election offences. It would provide that the Chief Electoral Officer could contest an election of a candidate under part 20 of the act.
I think everyone in this place can agree that it is our responsibility as parliamentarians to always look for ways to continue to ensure strong, free and fair elections in Canada. Our electoral system must have the trust and confidence of Canadians. Our Conservative government has a proud record of achievement when it comes to strengthening our democracy, a point which I will return to a few minutes later.
We certainly agree that people who commit election fraud and those who break the law should be held to account with tough penalties, and we certainly do not have a problem with tougher penalties. In fact, we welcome the agreement I think we have here in the House on fines and tougher penalties for serious election offences. That agreement is something I hope we will be able to come back to as this session of Parliament continues this fall.
We probably all agree more generally with some sort of strengthening of the enforcement mechanisms of the Canadian Elections Act as well. However, we believe that changes to the Canada Elections Act should be considered in a broader context than that presented in the bill. Piecemeal amendments such as these do not encompass the broader context of the act.
That context is illustrated by the fact that just earlier this year the procedure and House affairs committee produced its 15th report in response to the Chief Electoral Officer's recommendations following the 40th election. That report contained 50 recommendations to the act, and that was not even a comprehensive review of the act. It was simply a review of issues that came up during that particular election.
One of those 50 recommendations dealt with fines. The government is currently reviewing this recommendation and the report as a whole and will put forward a proposal in due course. Therefore, we will have that issue covered in the future and in a more comprehensive way than this bill can provide for. That is plain to see. This bill has two elements. The procedure committee report has 50, so we are talking about a vast difference in scale. That is the broader context at stake.
However, I will not leave it at that. There is a serious problem with the bill. The bill has only two main elements and one of them is, unfortunately, disqualifying in nature. The problem is that the bill would completely undermine the neutrality and impartiality of the Chief Electoral Officer. The bill must be defeated on these grounds alone, even if there were no others.
Right now, participants in an election are able to contest that election. That means any elector or candidate in the electoral district in question can contest it. The application must be accompanied by a security cost in the amount of $1,000. By inserting the Chief Electoral Officer in the arena, we would be undermining his impartial role. The officer is an independent player who represents Parliament. He is not a participant in an election and must therefore act in a manner that is neutral and impartial to all parties and candidates.
Each actor in an election has his or her role. The officer supervises the conduct of elections, kind of like a referee in a hockey game. He does not pick up a stick and start paying. At least he should not.
All complaints alleging offences to the act are referred to the commissioner of Canada elections. The commissioner investigates and enforces the rules. When the commissioner believes that an offence has been committed, the commissioner may refer the matter to the director of public prosecutions who would decide whether or not the matter should be prosecuted.
While the administration and enforcement is left to others, the contestation of elections is left to the political actors, that is candidates and voters. Once again, the Chief Electoral Officer is kept above this fray.
The Chief Electoral Officer should not be an active player in making an election contested. Otherwise, he or she would be put in a conflicted position of potentially filing a complaint against himself or herself. He or she is, after all, the officiator and any bill that requires him or her to make complaints on how an election is officiated would effectively turn his or her own sword on his or her own person.
As such, no measures should be put in place that would risk giving rise to even the perception of any favouritism on the part of the Chief Electoral Officer. I think we can all agree that any favouritism or bias on the part of the Chief Electoral Officer would bring the officer and Elections Canada as a whole into disrepute. The power to contest elections would create just such a risk. The Chief Electoral Officer would have to pick cases to be brought to court. Invariably, those denied will complain of favouritism, having to bear the cost of litigation, and rightly so.
Furthermore, irregularities that may call an election result into question may have been the result of actions or omissions on the part of the Chief Electoral Officer or Elections Canada staff themselves. Imagine if actions or omissions of the Chief Electoral Officer became the subject of a potentially contested vote, and then imagine we had a legal regime that required that same electoral officer to file a complaint against himself or herself. The conflict is obvious and inescapable.
We saw this was the case in the contested election of Etobicoke Centre. In such a case, the Chief Electoral Officer would find himself or herself in a conflict of interest were he or she called upon to defend the actions of his or her staff while at the same time initiating the complaint against the process that he or she ran. So it is clear that the bill would put the Chief Electoral Officer in an intolerable position of conflict. As such, this proposal alone renders the bill unsupportable by the government. Thankfully, we are taking other actions and we hope to co-operate with the hon. member for Beauséjour and the opposition in order to see them to a successful conclusion.
Last night, Bill C-21, the political loans accountability act, passed at second reading in the House. The bill would fix the current rules for political loans, which have been made a mockery of by the opposition parties. Six of the nine NDP contestants in the recent leadership contest failed to meet their filing deadlines for disclosure. They claimed software glitches or having to attend a conference. They had six full months to get their books in order but they could not meet a generous reporting deadline.
The Liberal Party's record is worse. Four Liberal candidates from the 2006 Liberal leadership race, six years ago, have still not paid off their debts despite very generous extensions to the deadline. We are moving to tackle this problem and these abuses through the political loans accountability act.
Finally, we are moving forward with Bill C-377, which would require disclosure of union finances, this being extremely important after the recent discovery that the unions gave $340,000 in illegal money to the NDP.
I encourage the opposition parties to work with us to expand accountability and strengthen the democracy that we all enjoy.