Mr. Speaker, it is my pleasure to speak today to Bill C-23, the fair elections act, introduced by the Minister of State for Democratic Reform.
Let me start by saying that the fair elections act would ensure everyday citizens are in charge of democracy, by putting special interests on the sidelines and rule-breakers out of business.
The bill would also make it harder to break election laws. It would close loopholes to big money, impose new penalties on political impostors who make rogue calls, and empower law enforcement with sharper teeth, a longer reach, and a freer hand.
The fair elections act would, among many things, protect voters from rogue calls, with a mandatory public registry for mass calling, prison time for impersonating elections officials, and increased penalties.
Second, it would give more independence to the Commissioner of Elections Canada, allowing him or her control over staff and investigations, empowering him or her to seek tougher penalties for existing electoral offences, and providing more than a dozen new offences to combat big money, rogue calls, and fraudulent voting.
The act would also crack down on voter fraud by prohibiting vouching or voter information cards as acceptable forms of identification.
It would also make the rules for elections clear, predictable, and easier to follow.
The act would also ban the use of loans used to evade donation rules.
It would further repeal the ban on premature transmission of election results, thereby upholding free speech.
It would provide better customer service to voters and establish an extra day of advance polling.
Also, in the case of disagreements over election expenses, it would allow a member of Parliament to present the disputed case in the courts and to have judges quickly rule on it before the CEO seeks a member of Parliament's suspension.
This last provision, ensuring that democratic elections are respected, will be the focus of my remarks today.
Members of Parliament and the Chief Electoral Officer sometimes disagree on an MP's election expense return. When that happens, the Canada Elections Act provides that the MP can no longer sit or vote in the House of Commons until the expense return is changed to the CEO's satisfaction. The removal of a democratically elected member of Parliament reverses the decision of tens of thousands of voters. No one should have the power to reverse a democratic election without first convincing a judge.
Subsection 463(2) of the act currently provides for the following:
An elected candidate who fails to provide a document as required by section 451 or 455 or fails to make a correction as requested under subsection 457(2) or authorized by 458(1) shall not continue to sit or vote as a member until they are provided or made, as the case may be.
In other words, if an MP has not provided his or her election expense return within a prescribed deadline or has failed to make a correction to the return requested by the Chief Electoral Officer, the act states that a member cannot vote or sit.
A provision requiring that members not be eligible to sit if they are late in filing a return has existed in the act since at least 1920. Provisions governing corrections to returns were first introduced in 2000, at which point the provision in subsection 463(2) was extended to cases where members have refused to make corrections requested by the Chief Electoral Officer.
All members will agree that this is an extraordinary provision, as it can prevent an MP from exercising his or her parliamentary duties and from representing his or her constituents. This provision provides a powerful incentive for MPs to ensure their returns are filed in time and to ensure their returns are accurate. However, we have to keep in mind that the suspension of a democratically elected MP reverses the decision of tens of thousands of voters.
It is essential, therefore, that the law be clear on how such a suspension should be applied. Any ambiguity from the process ought to be removed. Unfortunately, as we saw in two cases this spring, it is not clear how this aspect of the law ought to be applied.
Mr. Speaker, on June 18, 2013, you ruled that there was considerable ambiguity in both the act and in the procedures of the House of Commons.
The Speaker ruled as follows:
The current situation—and the various interventions on the matter—points to a serious gap in our procedures here in the House in cases where an impasse is reached in a dispute between a member and Elections Canada. The Canada Elections Act provides that the Chief Electoral Officer inform the Speaker when key milestones have been reached in the course of a dispute. Thus, as I explained earlier, I received a letter from the Chief Electoral Officer informing me that a member had not complied with his request for corrections and informing me of the suspension provision of the act applicable in the circumstances. Also, while elsewhere in the act there are provisions for a member in those circumstances to apply to the courts for relief, the act is silent on the effect of such an appeal on the suspension provision.
He continues:
I am not the only one left with questions about how to respond to this situation. Some argue that the provisions in subsection 463(2) demand immediate action—namely, the suspension of a member who has not complied with the Chief Electoral Officer in his application of subsection 457(2) of the Canada Elections Act—even as they acknowledge that there is no procedure for operationalizing such a suspension. Others hold that since the Canada Elections Act provides for an application for relief from the provision in subsection 457(2), any suspension is held in abeyance until the court makes its decision.
It is clear that there is considerable ambiguity as to how the provision of the act ought to be applied. The procedure and House affairs committee has been reviewing this issue and may come forward with proposals to change the Standing Orders to clarify how the House deals with such issues.
While the fair elections act cannot propose procedures for the House to apply this provision, it could seek to remove the ambiguity in the law. The fair elections act would allow an MP to present the disputed case in the courts and to have judges rule on it before the CEO seeks the suspension of the MP.
To avoid long delays in resolving disputes, the MP would have just two weeks to apply to a judge to resolve the matter. The courts can treat such cases through an expedited hearing, which would allow the case to be heard on a priority basis. The MP could still be removed if the judge determines that he or she has failed to make a necessary correction to the return.
Proposed subsection 477.72(3) would provide that where a correction to an election return was not made within the prescribed timeline, an elected candidate would not be not entitled to continue to sit or vote as a member of the House of Commons as of the end of the two-week period after the deadline to make the correction. This is the amount of time the candidate would have to apply to a judge for an order to relieve the official agent from the obligation to comply with a request from the Chief Electoral Officer to make a correction to his or her return. If after this two-week period the candidate has not made an application to a judge, it could be presumed that he or she would not be challenging the Chief Electoral Officer's proposed corrections in court.
Alternatively, if the candidate or his or her official agent applies to a judge for an order to relieve him or her from the obligation to comply with the request from the CEO to make a correction to his or her return, the elected candidate would not be entitled to continue to sit or vote as a member of the House of Commons, as of the day on which the application was finally disposed of so as to deny the member's application to the court. As a result, with the fair elections act, it would become clear that a member is not to be suspended solely on the basis of a dispute with the Chief Electoral Officer. If the member has brought the dispute to court for a resolution, he or she could only be suspended if the court upholds the Chief Electoral Officer's position.
The fair elections act would also provide that if an elected candidate has challenged the CEO's proposed correction in court, the judge would hear the matter without delay and in a summary manner. This is provided for in the new subsection 477.68(7) of the act.
Should there be any dispute that calls into question the ability of an MP to perform his or her parliamentary duties, it is only appropriate for the court to consider the matter in an expeditious manner.
Mr. Speaker, are we running out of time?