Mr. Speaker, I am pleased to be sharing my time with the member for Lac-Saint-Louis.
Seldom has a bill been so flawed even though it deals with one of the most fundamental aspects of our democracy: the rules governing federal elections. Bill C-23, the fair elections act, was attacked from all directions and for good reason. The government has only itself to blame for that. It consulted no one and was hostile towards anyone who did not agree with its views.
A solid democratic tradition in Canada requires the largest possible consensus for the law that sets out election rules. This time it is a complete failure. The government isolated itself. Nevertheless, in the face of relentless pressure, the government backed down and withdrew some of the worst parts of its bill.
Before this series of amendments, Bill C-23 was definitely a dangerous bill. The amendments have transformed a dangerous bill into just a bad bill. The government would have had to do more to make it a good bill, but that was certainly too much to ask.
Nevertheless, let us be thankful that one of the government's steps backwards allowed us to close the loophole that the Conservatives wanted to introduce in the control of election expenses. The first version of Bill C-23 exempted fund-raising costs from the limits on campaign expenses in the case of donors who had previously donated more than $20.
By pure coincidence, that favoured parties with long lists of donors, such as the Conservative Party. Letting money influence the result of elections in such a way would have gone against the principles of political equality and democratic fairness.
In other good news, the government gave up on adding polling station supervisors to the list of partisan appointments at polling stations. The risk of that becoming political was too flagrant. However, it is a pity that the government did not extend its mea culpa further and agree to depoliticize the entire administration of elections. They only had to follow the recommendation in the Neufeld report, which proposed choosing elections officials solely on the basis of merit and administrative neutrality, in accordance with established international election practices.
There was more partial progress, insofar as the government reconsidered, though only in part, its plan to abolish the vouching system, which protects the right to vote of Canadians without forms of identification. The vouching system allows those citizens to identify themselves under oath and to have another Canadian from the same electoral district vouch for them. This provision enables many Canadians, including students, seniors, and first nations people, to exercise their right to vote; coincidentally these groups are the least likely to vote for the Conservatives.
Whereas the first version of Bill C-23 removed any right of vouching, the new version allows voters who have proof of address to swear to the address of those who can only prove their identity, provided they live in the same polling district. That was partial progress.
However, the government has stubbornly refused to let the voter information card be recognized as a voter identification card.
Bill C-23 would still eliminate the voter identification card as identification that could be used to vote. The government failed to support Liberal amendments to restore the voter identification card, the only universal piece of federal identification to contain an address and widely used by the population.
There has been no proven fraud using voter identification cards. Removing the identification card is a solution in search of a problem. The facts on the voter identification card are clear. The data of the card is based on regular updates from driver's licence bureaus, the Canada Revenue Agency, Citizenship and Immigration Canada and various other authoritative sources.
During the election period, revision activities at the local level also increase the accuracy of the voter identification card. This likely makes it a more current document than even a driver's licence, which is authorized by law and used by the vast majority of voters.
The Chief Electoral Officer has pointed out that seniors who live in long-term care facilities, and who vote on-site and do not have proper ID or utility bills, rely heavily on voter identification cards to vote. Elimination of the voter identification card would disenfranchise many Canadian seniors.
Now I would like to talk about how this bill infringes on the Chief Electoral Officer's freedom of speech. The government barely budged on this.
While the government would allow the Chief Electoral Officer to continue public education and information programs to students at primary and secondary levels, the government would still severely limit how the Chief Electoral Officer and Elections Canada could communicate with Canadians. The Chief Electoral Officer would be specifically limited to speaking publicly only about where, when, and how to vote.
Elections Canada will no longer have the right to run campaigns that encourage people to vote nor will it have the right to publish research papers on the electoral process. Canada will be the only democracy to impose that type of gag order on its electoral agency.
It is an odd situation. Elections Canada will be able to encourage voter turnout among children and teens, but not adults. It will be able to encourage voter participation among those who are too young to vote, but not among those who can actually vote.
Does that make any sense? I would be surprised if it does because this government does not make sense to Canadians.
On the topic of voter fraud, the government stubbornly refused to include in its bill the main recommendation put forward by the Chief Electoral Officer and the Commissioner of Canada Elections, namely, that the commissioner be given the power to apply to a judge for an order to compel any person to provide information that is relevant to an investigation.
The Conservatives failed to support a Liberal amendment to finally give the Commissioner of Canada Elections the power he desperately needs to enforce the Canada Elections Act; that is the power to ask a judge to compel witnesses to testify. The commissioner has stated that this would force him to abandon election fraud investigations.
Are the Conservatives not willing to give the commissioner the power to compel witness co-operation because they are afraid of what this might reveal about the source of the fraudulent election calls and who may have used the Conservative database to deny Canadians their right to vote during the 2011 election?
The question the minister failed to answer is the following. Why does his bill not provide the Commissioner of Canada Elections with the power already held by the Commissioner of Competition under section 11 of the Competition Act or the power already held by several provincial chief electoral officers or commissioners? This includes New Brunswick, Nova Scotia, Quebec, Ontario, Manitoba, Alberta, and Yukon. Internationally, other electoral management bodies have this power. These include the Australian Electoral Commission and the Federal Election Commission in the United States.
To conclude, if the minister stubbornly refuses to include that honest, common-sense measure in his bill, the Liberals and our leader are committed to adding this provision to the elections law when Canadians vote in a Liberal government.
In the meantime, Parliament should say no to this unfair elections bill.