Mr. Speaker, let me first say that I find it particularly satisfying and exciting to begin the new session of parliament with the prime objective of improving our nation's democratic process.
Bill C-2, the purpose of which is to replace the current Canada Elections Act, was born of a great consensus here in parliament. The measures that are being proposed are in fact the outcome of a long and comprehensive consultation exercise, a process in which all parties represented in the House took part through the Standing Committee on Procedure and House Affairs. That consultation, conducted with the highest regard for the principles of parliamentary democracy, generated many suggestions and even allowed us to draw certain conclusions. The bill we are examining today is therefore not exclusively the creation of the government; rather it reflects to a considerable extent the opinions of all parties present in the House.
Our electoral system has certainly made its mark throughout the world. New democracies are taking inspiration from it and using it as a model. True, this electoral system has evolved over the years and up to now has generally served the Canadian people well. But like anything else in the real world, an electoral system is never perfect. Because the society it serves is constantly changing, our electoral system must not only keep pace with this evolution, but it should anticipate it to the greatest extent possible.
When we come to think of it, an electoral system is never intended to respond to the limited needs of the day. On the contrary, an electoral system must anticipate tomorrow's democratic society and prepare for it. To achieve this objective, Canada has spared no effort. Over the past few years there have been countless studies and reports.
The Lortie commission on electoral reform, to name one, made numerous recommendations. Those recommendations brought about the striking of a special House committee which in turn produced five separate reports to the House of Commons.
More recently, Canada's chief electoral officer, Jean Pierre Kingsley, submitted his own report following the 1997 election. This towering mass of work bears witness to the interest parliamentarians take in electoral reform. This new bill marks its culmination.
In fact, our task is basically to improve a system that has made our democracy a source of pride and international recognition. We must correct a few imperfections, fill some gaps, update some components of the existing act to better reflect today's reality, but perhaps most important, adapt each measure to the requirements of the charter of rights and freedoms.
This latter aspect relates to some of the financial measures more specifically, the participation of third parties in election campaigns, for example. To what extent should we accept this participation and what restrictions are to be imposed on spending? Those issues have already raised much controversy, including legal action. In this regard, the new bill provides for higher limits to allowable spending, $150,000 nationally and $3,000 per riding.
In terms of administration, Bill C-2 includes a series of new measures intended to facilitate many matters and here again to better respect Canadians' rights and freedoms.
Among other measures, Bill C-2 provides that returning officers will have the right to vote, which has not been the case in the past.
The third important aspect of the bill concerns publication bans on both advertising and polls. This is another aspect of the act that has been contested before the courts. The elections act of 1974 banned all electoral advertising at the beginning of the campaign and before voting day. This was the situation until 1996 when the Alberta Court of Appeal rejected this principle in the Somerville case.
As far as publicizing the result of polls is concerned, the ban applied for 72 hours before polling. Last year however, the supreme court handed down a decision in the Thomson case declaring this to be inconsistent with the exercise of rights and freedoms. That decision of the supreme court also added an important proviso in that it stipulated voters should be given the opportunity to make up their own minds as to the credibility of polls by analysing the methodology. Thus the court was saying that parliament's restrictions might be more acceptable if they included a requirement to make the polling methodology public along with the results of each poll.
As a result, the government has opted for the best possible compromise in the new measures being put forward. First, all bans at the beginning of the electoral campaign are lifted. Second, the bans before voting day are shortened from 72 hours to 48 hours. Third, the bill requires that the publication of all public opinion polls during an election period include in the first 24 hours of publication, full details of the polling method applied. This decision first and foremost was intended to ensure fairness toward all voters.
Obviously some will cry censorship. They will argue that Canadian voters are perfectly capable of separating the wheat from the chaff and selecting the information that is meaningful to them. That may very well be. However the 48 hour period is a means of giving the voters a bit of a respite before they go to the polls, allowing time for personal and individual reflection without outside influence. I should note here that the supreme court in the Thomson decision did not take this reflection period into consideration. I believe this is a serious argument that brings the new measures entirely within the intent of the charter of rights and freedoms.
As to polling methodology, its publication will enable people to get a better idea of whether the results are based on professional polling or amateur surveys.
In closing, this electoral reform is yet another means of preserving what is most precious to all the people of Canada, our democracy. As we go about our day to day business we do not often have to think of it and when we do, we often see our democratic freedoms as an acquired right, perhaps even as our due. Yet it takes only passing attention to international events of late unfortunately to remind us of the richness of our democracy. It is this richness that Bill C-2 seeks to preserve.
With Canada being a world leader in this area, there is no standard to follow. We must learn as we go. We must learn from our mistakes, our imperfections and our evolution. This is exactly what electoral reform is aimed at, improving the elections act equitably and transparently. Surely it is possible in order to safeguard what we as Canadians most cherish, our democratic freedoms.