House of Commons Hansard #299 of the 42nd Parliament, 1st Session. (The original version is on Parliament's site.) The word of the day was election.

Topics

Bill C-76—Time Allocation MotionElections Modernization ActGovernment Orders

4:25 p.m.

Liberal

Karina Gould Liberal Burlington, ON

Madam Speaker, I could not agree more. We need absolutely to get this bill to committee.

It is telling that in 2014 over 400 academics signed an open letter to the previous Conservative government begging it not to move forward with the Fair Elections Act.

We need to make these changes. It is imperative for democracy that we do that. It is imperative for Canadians who have the right to vote to make sure that we move forward with these changes. Let us get this to committee, ask those questions, have that debate, and then bring the bill back to this House so that we can make those changes and do what is right for Canadians.

Bill C-76—Time Allocation MotionElections Modernization ActGovernment Orders

4:25 p.m.

Conservative

Erin O'Toole Conservative Durham, ON

Madam Speaker, there are times in the House that the hypocrisy of the Liberals is stifling. It is hard to believe.

The deputy House leader, the member for Winnipeg North, in debate about the Fair Elections Act when time allocation was called on February 6, called using time allocation an “assault on democracy”. He then suggested that the Conservatives were going to send it to hours at PROC. Does this not sound familiar? That member, the person now pushing the bill through the chamber, called bringing time allocation on elections legislation “disgraceful”. These are their words.

I feel for the minister having to stand up and justify the terrible double standard and hypocrisy of the Liberal government. I would also invite her to get to know Elections Canada reports, because the Neufeld report that formed the basis of the Fair Elections Act said that 42% of vouching incidents were false votes or irregularities—42%. In Elections Canada's own report on election participation by vulnerable groups that do not vote enough, vouching has nothing to do with it, so once again the Liberals are bringing in something that Elections Canada has said is unreliable.

In this day and age, it is reasonable to ask someone to show their identification to show that they are of voting age and that they live in the riding. Why the lack of common sense?

Bill C-76—Time Allocation MotionElections Modernization ActGovernment Orders

4:30 p.m.

Liberal

Karina Gould Liberal Burlington, ON

Madam Speaker, leave it to the party opposite to view expanding the franchise and enabling more Canadians to vote as a bad thing.

On this side of the House, we firmly believe that a Canadian has a right to vote, has a constitutional right to vote, and we are going to do what we can to make sure that they can cast that ballot. We are not afraid of more Canadians voting.

Bill C-76—Time Allocation MotionElections Modernization ActGovernment Orders

4:30 p.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Bill C-76—Time Allocation MotionElections Modernization ActGovernment Orders

4:30 p.m.

Some hon. members

Agreed.

No.

Bill C-76—Time Allocation MotionElections Modernization ActGovernment Orders

4:30 p.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

All those in favour of the motion will please say yea.

Bill C-76—Time Allocation MotionElections Modernization ActGovernment Orders

4:30 p.m.

Some hon. members

Yea.

Bill C-76—Time Allocation MotionElections Modernization ActGovernment Orders

4:30 p.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

All those opposed will please say nay.

Bill C-76—Time Allocation MotionElections Modernization ActGovernment Orders

4:30 p.m.

Some hon. members

Nay.

Bill C-76—Time Allocation MotionElections Modernization ActGovernment Orders

4:30 p.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

In my opinion the yeas have it.

And five or more members having risen:

Call in the members.

(The House divided on the motion, which was agreed to on the following division:)

Vote #669

Elections Modernization ActGovernment Orders

5:10 p.m.

Liberal

The Speaker Liberal Geoff Regan

I declare the motion carried.

The House resumed from May 22 consideration of the motion that Bill C-76, An Act to amend the Canada Elections Act and other Acts and to make certain consequential amendments, be read the second time and referred to a committee, and of the amendment.

Second readingElections Modernization ActGovernment Orders

5:10 p.m.

Liberal

The Speaker Liberal Geoff Regan

I wish to inform the House that because of proceedings on the time allocation motion, government orders will be extended by 30 minutes.

Second readingElections Modernization ActGovernment Orders

5:10 p.m.

Québec debout

Luc Thériault Québec debout Montcalm, QC

Mr. Speaker, I rise this evening, in spite of the shameful time allocation motion, to speak to the elections modernization act at second reading. I think that the “elections modernization” part of the title is a bit much, since one of the main changes is to restore the voter card as a valid piece of ID. I will get back to this point.

I want to start by saying that it is shameful that the government has resorted to a gag order on this matter. In a former life, I sat in another Parliament, the Quebec National Assembly, which unfortunately uses the British system. Never would a government take advantage of its parliamentary majority to change election laws. In 1999, a change was made regarding voter ID. I want to inform my colleagues in the House that this does not enhance the integrity of the vote. The government will not make it easier to vote by simply considering the voter card as a valid form of ID. My colleagues can Google what happened in Quebec in 1998. An organized identity-fraud system was uncovered as part of the Berardinucci case. The court issued two rulings, and since then, voters in Quebec have been required to produce a piece of photo ID to vote.

During the last election, Quebec had no problems with voter identification. Voters in municipal, provincial, and federal elections have no problem showing ID. However, voting is a sacred act in a democracy, and we should not make it too easy. I am hearing talk about the Canadian Charter of Rights and Freedoms, but voting is not a freedom. Voting comes with a duty, the duty to prove eligibility to vote.

The minister wants us to hurry up. She says this bill will go to committee, where it will be improved. That is not at all the experience I have had with clause-by-clause studies of bills in committee after second reading. What we actually hear is, “Talk all you want, sweetheart, but when your speaking time is up, we will use our parliamentary majority to do whatever we want.” The government votes down amendments and does not improve bills.

In my opinion, on an issue as important as voting rights and election laws, this government should not procrastinate and wait until the last second to try to change a few things in hopes of not looking stupid. When they first came into office, we were facing a major reform to the Canada Elections Act. We even hoped to change the voting system. Anything was possible. What we heard from Canadians can never be taken away from us. That special committee's report went into the trash. It was called a special committee because it was open to all parliamentarians, even those who did not belong to a recognized parliamentary group in the House.

In the debate on changes to the Elections Act, the next logical step would have been to give independent MPs the right to speak and even to vote in that committee. Now the minister wants us to hurry up. I would encourage her colleagues to slow down instead.

People told us that they were fed up with the party line, that the party line was one of the reasons they were so cynical. Government is all about executive power. It is all about cabinet. MPs who want to be ministers are more interested in doing the executive's bidding than honouring their mandate as parliamentarians here in the House. We are legislators, not ministers. We belong to the legislative branch and we represent the people. In a Parliament like ours, legislative power is the foundation of democracy. When my colleagues on the government side exist solely to rubber-stamp whatever the Prime Minister and the ministers tell them to, they are not doing their job. That is why voters do not bother to vote.

It is utter nonsense to say that people will not vote because it is too difficult or because the identification requirement prevents them from voting. During the hearings on electoral reform we held for months, people told us what keeps them from voting. For example, they say that their riding has been red since their great-grandfather's time and that this will not change, or that the riding has been blue since their great-grandmother's time, and this will not change. They are being stripped of their power of representation, and this is why democracy is suffering.

They told us that they want their vote to count. The current government not only proved unable to keep its promise to bring in a new voting system that represents the plurality of representation and ensures that every vote counts, but also went to great lengths to prevent all votes from actually counting, as they would if voters could finance the political parties they believe in through the votes they cast. Voters would then vote in accordance with their beliefs instead of voting strategically.

I have certainly spent a lot of time in my political life criticizing Jean Chrétien, but at least his legacy in politics and in this House was to give voters the ability to vote with conviction because he allowed their vote to finance a political party. That party might not get an MP elected, but that system gave the party the same chance right out of the gate to have its voice heard on an equal footing, in a democratic society, in the democratic debate that is an election. This also enabled the party to have the necessary funding between elections to promote its views.

To me that is democracy in a nutshell, but it is nowhere to be found in a bill that claims to limit spending. It does not even limit the government's pre-election spending. We have fixed-date elections and the government continues to make announcements, to use taxpayers' money to pay for its ads.

Under these circumstances, it is clear that we will be voting against the bill.

Second readingElections Modernization ActGovernment Orders

5:20 p.m.

NDP

The Assistant Deputy Speaker NDP Carol Hughes

It is my duty, pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Saanich—Gulf Islands, Natural Resource; the hon. member for London—Fanshawe, Canada Post; and the hon. member for Cowichan—Malahat—Langford, Agriculture and Agri-Food.

Second readingElections Modernization ActGovernment Orders

5:20 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Madam Speaker, it is important for us to recognize that the legislation we have before us has been quite well received across Canada. My understanding is that members in opposition, New Democrats and others, except for the Conservative Party, are looking at supporting the content of the legislation. We need to recognize that what we have in the legislation is something that would strengthen our democracy. Elections Canada has done a phenomenal job. It is recognized around the world as an incredible independent organization that does a phenomenal job in organizing and pulling off elections.

Many of the things we are passing today to go into committee come out of the Elections Canada recommendations. I wonder if my colleague across the way could provide his thoughts on how important it is that we follow and support those recommendations, which are virtually taken right from Elections Canada's book.

Second readingElections Modernization ActGovernment Orders

5:20 p.m.

Québec debout

Luc Thériault Québec debout Montcalm, QC

Madam Speaker, as I already said, the problem with this bill is what it leaves out. It contains some interesting things, but they are cosmetic.

However, we must be consistent. If there is a fixed-date election and that leads people to spend a lot of money in the pre-election period, and we need to limit that, that is a very good thing.

If they claim that because there is a fixed-date election, spending during the pre-election period must be limited, why was government advertising left out? Why did they not include government ads? Why was a limit not placed on that as well?

The government recognizes that when we did not have fixed-date elections, the government in power could make whatever announcements it wanted. It was the Prime Minister who decided whether to announce an election or not. We could not assume that the government was making a lot of announcements because an election was coming. We could not assume that, but we could have our doubts.

We now have fixed-date elections and we want to limit spending in the pre-election period. There is still a lot of work to be done with respect to third parties.

I challenge the members opposite, who will be sitting on the committee, to let the bill be improved by the opposition's amendments just for the fun of it. I cannot wait to see what they will do.

Second readingElections Modernization ActGovernment Orders

5:25 p.m.

NDP

François Choquette NDP Drummond, QC

Madam Speaker, like my hon. colleague from Montcalm, I would like to say that it is shameful to see the Liberals using the same old tactics as Stephen Harper and his Conservatives by imposing gag orders and limiting the time for debate on such an important bill as this one on electoral reform.

I am not completely satisfied with what is and what is not included in this bill. As my colleague mentioned, a committee consulted people from across Canada to get recommendations, but the government dismissed them all out of hand, including the recommendation to implement a proportional voting system.

Another important thing is that, when Canadians voted in the past, their vote was worth something because the party they voted for was given $2 so that every vote counted.

If the per-vote subsidy were reinstated, it would encourage Canadians to get out and vote for the party they really believe in.

Second readingElections Modernization ActGovernment Orders

5:25 p.m.

Québec debout

Luc Thériault Québec debout Montcalm, QC

Mr. Speaker, that is more of a comment than a question, but I completely agree with my colleague.

The problem is that the Liberals decided to move a time allocation motion and curtail debate. What is more, in committee, the Liberals reject the opposition parties' amendments. They decide not to make any amendments and not to improve bills, and they can do that because they have a majority. That is why parliamentarians are so angry to see the Liberals, who promised to do politics differently, using the same approach that they criticized the previous government for using. It is the same old story.

It seems to me that the least the Liberals could have done was to show even the slightest willingness to undertake a reform.

Second readingElections Modernization ActGovernment Orders

5:25 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, it is an honour for me to rise to speak to Bill C-76.

I am pleased to rise in debate today, but I regret that it is in the context of time allocation already being applied to the bill. I appreciate that the Liberal side of the House has provided time for my colleague, the hon. member for Montcalm, and for me to speak to the bill, but I regret deeply the use of time allocation. Because I was not able to get in on the debate on time allocation that occurred before the vote, let me suggest some ideas to the hon. minister, the government House leader, and others as to how we might avoid so many time allocations.

It is my belief that the ability, in votes, of all three of the larger parties, particularly the official opposition and the governing party, to put forward as many speakers as possible on any bill is a black box for our House leaders. Getting agreement is something I will leave to them. I can only assume that when we have a lot of time allocations, the coordination is not going well. I do not blame any one party more than the others. I will just say that it is not a good thing for this place when we have time allocation, particularly on a bill that is important.

I would like to suggest that the Speaker has the power, and could be encouraged by those within this place who want the place to work better, to insist on a rule that has fallen into disuse. That rule is that members cannot read speeches. If no one could read a speech, people in the back rooms could not hand a speech to someone and say, “Go give this speech. You are up next.”

They would have to call enough people forward who had read the bill and understood the bill and were prepared to debate it without notes. I am not saying that there are not many of us who are prepared to do that, but the ability of a House leader, on any side, to decide to play games with this place would be significantly minimized if we went back to that rule, which already exists.

I would urge those who think it is a good idea to perhaps speak to their own House leaders. In that case, I would just have a conversation with myself, but the rest of those assembled here should talk to their whips, talk to the House leaders, and talk to the Speaker if they think it would be a good idea to say that we do not want all the members to just read. I am not saying that members do not get up and read speeches they have written themselves. I know that happens, but a lot of times, people read something they have never seen before in their lives. We can tell by the rapt attention with which they deliver something they do not actually know much about or believe in.

Here ends the rant on how to get this place to work better. If people could only get up and speak based on what they know about a bill, we would get more interesting debates and more civilized debates, and we might have an easier time getting agreement on how many speakers there would be on legislation.

It is really tragic that we are seeing time allocation as often as we are seeing it. I do not think it is healthy for democracy, and I know it is going to be an election issue, with everyone saying, “They did it more. They did it too. They are hypocrites.” We should not live in glass houses if we are going to collect stones.

This bill is good legislation. It is very good legislation. It undoes a lot of what happened in the unfair elections act before the last election, but that does not mean that it is perfect legislation, which is why we should not be hearing from the minister that it has already been discussed at PROC. It should be discussed in this place at second reading, where all members who are engaged in the issue and know about it can participate, because not everyone is on PROC. It is a committee.

We know that Bill C-33, which was excellent legislation, languished for a year and a half. It was tabled when I was still serving on the Special Committee on Electoral Reform, which was one of the more tragic experiences of my life. We were still sitting around the table putting forward good ideas, but then saying, “Oh, the minister has new legislation that just came out that has some of our ideas in it.” That was Bill C-33. It came out in December of 2016, and everything from Bill C-33 is now rolled into Bill C-76.

For those who are not familiar with the bill, perhaps who are watching from home, let me say that Bill C-33 did a lot of very good things. I know that the Conservatives will disagree. They like Bill C-23, which they called the Fair Elections Act. What it did was make it harder for Canadians to vote. There is no doubt in my mind about that. I had people come to me who were not allowed to vote.

Bill C-23 was focused on the false notion that Canada suffered from voter fraud. However, it is very clear, on the evidence, that the problem in Canada is not people who try to vote more than once; it is people who vote less than once. We do not have any voter fraud that the elections commissioner has ever really been able to find is a problem. Our problem is low voter turnout.

The Conservatives were quite self-congratulatory when we went from an average national voter turnout of 60% in 2011 to a voter turnout of 68% in 2015. They said that proved that the unfair elections act did not decrease voter turnout. In fact, I think it masked what would have been a much bigger voter turnout. Young people mobilized in 2015. There were a lot of efforts to educate people about vote mobs, advanced poll voting, and getting people who did not usually vote out to vote.

I am enormously proud to represent Saanich—Gulf Islands. In 2011, when the voter turnout nationally was 60%, voter turnout in Saanich—Gulf Islands was just a titch below 75%. In 2015, when I was re-elected, voter turnout was just a bit below 80%. Now, that is nothing compared to my friend who is leader of the Green Party in Prince Edward Island, Peter Bevan-Baker. When he was elected, voter turnout in his riding was 93%.

Let us not be satisfied with 68%. We need to see 90% or 95% of Canadians voting and feeling good about the democratic experience. I think getting back the voter registration card is important. Bringing back vouching is important, and so is bringing back the powers of the Chief Electoral Officer to inform people and educate people. Warn people when voter fraud is happening.

Everything in Bill C-33 that would undo Bill C-23 is to the good and should be passed quickly. As well, I really like the idea that the Elections Canada folks would go into schools and register people who are 16 to 18 years old so that when they get the right to vote, they know what they are doing. They know where to go. They have already registered to vote. That is all in what was former Bill C-33. It is all good stuff. I wish we had already passed it.

Now we are looking at new and additional changes. I wish we had seen more. Clearly, if we are going to protect the privacy of Canadians, it is long past time that political parties were exempted from the Privacy Act. I have never heard a single good reason why we are in a special category, political parties, and Canadians' data is safe with us. Clearly, it is not safe with us. We get hacked. We hire companies and do not have any idea that they will be doing stuff like Cambridge Analytica or some of the ones that mine data and use it for other things. We are not in a position to say that it is good enough to have a voluntary code of privacy practice for every political party that we are required by law to show Elections Canada and have posted publicly.

By the way, I do not think “trust us” works terribly well for political parties. One of the best pieces of legislation from the 41st Parliament, the Reform Act, to bring about reform in this place and reduce the power of political party leaders over their MPs, which came out under the name of the member for Wellington—Halton Hills, required a change in the Parliament of Canada Act. It was executed. Section 49 is new and requires parties, immediately after the election, to have a discussion in caucus and a vote to decide what the powers of the leader will be. For instance, will the power of the leader include throwing someone out of caucus?

I am reliably informed that even though that is the law of the day, two out of three recognized parties in this place skipped that step and did not think it was important to follow the Parliament of Canada Act, section 49. I am deeply dismayed that this took place. All MPs in this place should ask their party leadership if they did that. Did they file the letter with the Speaker? They should ask to see the letter filed with the Speaker to comply with section 49 of the Parliament of Canada Act.

On to the other things in Bill C-76. I hope the government will be open to amendments. As I said, this is good legislation. It does take on things like pre-writ spending. However, why are we allowing any pre-writ spending on televised election ads that bombard Canadians with negative messages and attack ads. It is good to regulate spending before an election. Let us just say that between election day and the next time a writ drops, no one is allowed to spend any money on political ads. There is not an election going on, so no spending. I will be bringing forward things like that as amendments.

Why are we increasing the spending ability of third parties? I would love to see us go in the direction of many countries around the world, including the U.K., which prohibit spending for electronic political ads of any kind at any time. It is very useful legislation.

There are many things I would like to suggest need more work in this legislation. Getting it to committee is important, but not so important that we should have time allocation in this place.

Second readingElections Modernization ActGovernment Orders

5:35 p.m.

Winnipeg North Manitoba

Liberal

Kevin Lamoureux LiberalParliamentary Secretary to the Leader of the Government in the House of Commons

Mr. Speaker, I really do appreciate many of the comments made by the leader of the Green Party.

She was here during the debate on Bill C-23, Harper's Fair Elections Act. We found that there were a great many individuals, academics, Elections Canada itself, and parties within the chamber, excluding the Conservatives, who really opposed the legislation. Today, we have a wide spectrum of support, not only outside this chamber but also inside it, where we have more than one party supporting the legislation.

Would my colleague and friend across the way not recognize that there are some who ultimately do not want to have the elections laws reformed? If this legislation passes, it will strengthen Canada's democracy. I agree there is always room for improvement. However, this will provide additional strength to Canada's democracy. Would the member not agree that at times we do have to look at ways to get legislation through, because there are parties that will put up whatever obstacles they can to prevent its passage?

Second readingElections Modernization ActGovernment Orders

5:40 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, the problem that the government has in making the case for limiting debate via time allocation now is the massive amount of time that went by when Bill C-33 did not come to second reading. There was lots of time to get Bill C-33 through, no matter how many speakers one party or another were to put up.

Bill C-76, bringing in Bill C-33 and additional measures, requires more study.

I completely agree and am not going to take a single point away from the fact that most of what is in this legislation was already recommended by Elections Canada. I have not doubt that most of what is in it will improve the health of our democracy. However, it is fundamental legislation. It takes a while to get back to the Elections Act. We should have full time to debate it at second reading.

I will admit in a nonpartisan way that the use of time allocation in the 41st Parliament was much more egregious, because the legislation it applied to made it harder for people to vote. However, for the Liberals to try to reverse that legislation with time allocation because they say they are not as bad as the other guys because their legislation is better does not do away with the fundamental issue of respect for Parliament, respect for this place, and allowing Parliament to have full debate at second reading, full discussion in committees, and adequate time to go through debate at clause by clause, and adequate time at report stage and third reading.

The delay on the government side in bringing the legislation forward does not make a good excuse.

Second readingElections Modernization ActGovernment Orders

5:40 p.m.

Conservative

Michael Cooper Conservative St. Albert—Edmonton, AB

Mr. Speaker, the member touched on third parties. During the last election, we saw large amounts of foreign money going to registered third parties, who in turn used it or mixed it with their general funds for all manner of political activities.

One of the reasons they were able to do that was the loopholes in the Canada Elections Act. The biggest loophole is that six months and a day before the issuance of a writ, there is no regulation of foreign funding going, for example, to third parties.

This bill does not fix that loophole. It in fact just moves the date for which there is absolutely no regulation of third parties' financing closer to the election date. Could the hon. member comment on that?

Second readingElections Modernization ActGovernment Orders

5:40 p.m.

Green

Elizabeth May Green Saanich—Gulf Islands, BC

Mr. Speaker, I certainly find it offensive that any foreign money goes into any third party. Clearly, there should be no foreign money allowed for any political party.

That is one of the strengths of our democracy, I have to say, in the strong legislation brought in under the former prime minister, the Right Hon. Jean Chrétien, to get big corporate and union money out of federal politics. I think we need to watch out for any opportunity where those principles are perverted. Frankly, we should bring back the per vote support, so that voters can choose, when they vote, a small way of creating public funding for parties to reduce the pressure for fundraising, which can lead to a lot of ethical issues, as we have frequently debated in this place.

I am certainly grateful to my friend for raising it. Frankly, I would prefer that election spending be reduced to the minimum and that public service broadcasts replace paid political ads as much as possible, both to turn down the temperature and turn up the volume on information and issues, and so that people can really understand a candidate and not just a political party brand. Then, when a candidate is standing before a voter, it would be like a job interview for that person who wants to go work for that constituency.

We need to go back to times when party leaders did not tell MPs what to do, and when candidates could stand on their own merit and ask voters to please trust them with their vote.