Mr. Speaker, I stand here among volumes of papers and consultations from the academic world, both national, domestic, and international, as well as editorials, and all of this is piling up against this particular act. The Globe and Mail was so bold as to say this morning in its headline, “Kill this bill”, period. This was following a five-piece editorial submission by The Globe and Mail, which basically takes this bill apart.
In the National Post, there is full comment under the headline, “Don’t undermine Elections Canada”. It was a letter sent in by not just a couple of academics. Sometimes when there is legislation in the House, a couple of academics will write in, saying that they have spent a lifetime studying a subject and write serious papers and dissertations about it. In this case, there were not a couple, not 10, not 20, not even 50, but 160 academics who signed a letter with the headline, “Don’t undermine Elections Canada”, against this bill.
I repeat for the sake of Hansard and everybody watching at home, 160 experts signed this letter saying that this is not the way to go, and what is being purported by the government through the minister, originating from the PMO one can only assume, is that this is a systematic and very clandestine way of supporting voting suppression, at least the beginning stages of it.
I want to quote from The Globe and Mail because it had a couple of good things to say this morning about this, which I think is very pertinent to the conversation. It said:
The government has resorted to defending itself with out of context citations from experts,....
I will address that a little later and it was talked about earlier. It went on to state:
...[the] conclusions are the opposite of what the government pretends. Tightening the rules will prevent many eligible Canadians from voting; those affected are mostly not Conservative voters.
Therein lies, at the base of this, something that the Conservatives are attempting to do in a very clandestine way. There are some provisions in this bill that Liberals accept, such as the transmission of results across the country. Obviously, technology dictates that is something we should do, and other provisions, but at the core of this, as the member who moved this motion today pointed out, are five areas that we consider subtle ways, but as time goes on we realize it is not as subtle as they originally attempted, which was put forward by 160 academics.
I want to quote from the letter that the academics sent in. Remember that these are local academics. International academics have now gotten on board with this as well, saying, “By the way, what Canada is doing is the opposite of what it did in the past”. This is what is called a retrograde policy, as Elections Canada was and, in my opinion, still is a model for global democracy.
Many of us members travel internationally and speak to many our counterparts across the world. I have spent time at the Council of Europe. A while ago, there was a resolution calling on fairer democracies and institutions that uphold fair democracies, but in the report put out by the Council of Europe, the rapporteur also talked about how the intent is to create an independent body that is able to fully investigate situations with potential fraud in the system. I know the minister likes to talk about the independence of this particular office, meaning the commissioner, who is really the sheriff in town, finding out about how election fraud comes about, investigating that with charges to be laid, so on and so forth.
What he has done, though, is made this office independent of Elections Canada and put it into public prosecutions. The independence of this particular office is talked about as being the way to go, but here is the problem. If the tools by which that person can do his or her job are not supplied, then the job cannot be done, whether it is independent or not.
The minister wants to make sure the referee is independent. He wants to make sure that the referee on the ice is wearing the right uniform. The problem is that they did not give him a whistle, so he has to run around shouting to people that they should not do that, which does not make it very effective, does it? The play does not stop unless the whistle is blown, so the referee in this case is ineffective in doing the job on the ice, to carry the analogy further.
I will stop right there with that one, because I do believe that under public prosecutions, the intent may have been there from the beginning, but the follow-up of providing the tools is not there.
The robocalls incident is a perfect illustration of why these tools are needed, and that is why it surfaced through the current CEO of Elections Canada. It was the need to get the testimony to get to the bottom of this issue and find out who was responsible. We all admit in this House that something nefarious was happening, but so far just one person has been charged when we know that more people were involved.
The courts have already cast an opinion saying that the database system used by the Conservatives was at the core of this nefarious activity, but a lot of witnesses were not coming forward with testimony. If the commissioner had the ability to apply to a judge to compel a person to provide the testimony, provided that the Charter of Rights and Freedoms is held up, then they would do that.
The Conservatives say that not even police have that authority. That is their argument. However, I would argue that actually the police do have tools similar to what we are asking for.
I use the example of wiretapping. Police can apply to a judge to get permission for wiretapping nefarious activities that have the potential of breaking the law, but they apply to a judge to do that. Lo and behold, a starker contrast would be the fact that there are provinces in this country that already have this ability. Their elections officers have the ability to do it. They do it because it is effective.
Finally, there is federal legislation that says this ability exists within the federal system. It is under the Competition Act. The commissioner there has the ability to apply to a judge to compel testimony in relation to contravening the Competition Act.
The model exists in other jurisdictions. The examples the Conservatives tried to use to refute why they should not have that power are simply not true. Both the CEO and the current commissioner said that the ability to compel testimony is key to finding out who has committed fraud on a massive level, such as in the robocalls situation. In that example, nefarious activity was happening, yet we could not get to the bottom of it for that reason.
I will go back to the letter submitted by the academics. I want to quote from it, because some of the quotes are worth hearing within the context of this debate.
They say:
We see no justification for introducing legislation of such pivotal importance to our democracy without significant consultation with Elections Canada, opposition parties, and the public at large.
Neither of these things was happening.
There was a meeting. I had a meeting with Elections Canada back around late summer. However, in that meeting, specific mention of new legislation was not there. When I spoke to the CEO of Elections Canada as critic for democratic reform, we did briefly talk about the potential of new legislation, so we were talking about it, but I wonder why the minister felt it was not necessary to have that discussion.
I want to quote from this letter again, this time on voter identification, because this is a very important issue.
Because of the ID requirements, a lot of people in my riding in central Newfoundland were not able to vote. They were able to vote later because of the vouching, but certainly it was because they lacked particular ID that mostly those in seniors' residences were not able to do that. There are lots of ID documents that do not have an address associated with them, and since they were living in residences, they did not have utility bills. Those bills would be paid by the residence itself.
Here is what the academics said in their letter:
The use of voter cards is especially important for Canadians who lack ID that proves their current address, such as students, senior citizens in long-term care facilities, First Nations citizens, and those who have recently moved. Although not perfect, VICs are more likely to provide an accurate address than most other forms of ID, including drivers' licenses. We believe that the elimination of VICs as a valid form of ID in federal elections would reduce the likelihood of voting by some citizens.
There is no doubt in their minds that this would happen.
Earlier today, the minister talked about 45,000 incidents that took place with Elections Canada officials when vouching was not recorded. However, as I said in my question, one cannot necessarily draw the conclusion that there were 45,000 incidents of fraud.
Why do we not get to the root cause of this situation? Was there a clerical error that officials were not able to fix at the time? Was it something that Elections Canada officials were not aware they had to do at the time, but the vouching was purely legitimate? These questions were not explored.
We say that the voter identification card, along with the system of vouching itself, does need improving. That is why we are here: to debate amendments that would improve the system. However, we should not throw something out simply because it contains inefficiencies. We should try to fix that system.
Remember, we can say that 45,000 incidents took place, or just over 50,000 incidents of potential fraud, but as has been pointed by the academics and by most people who are against the bill, we could be disenfranchising over 120,000 voters by bringing in this legislation. I know for a fact, because I have seen it myself—and I say that legitimately—that people at the poll were disenfranchised because they did not have ID containing their address.
I assume that at some point before the bill was introduced, the conversation was to fix the system and create efficiencies, but eventually the Conservatives got around to just throwing it out, period, on scant evidence that was just willy-nilly. The Conservatives seem to be saying that because of the so many thousands of people involved in a particular riding, the potential is there for fraud, but they did not investigate further to find out exactly what happened.
Vouching is a system that is used by many democracies throughout the world and, as is pointed out in this letter, by students, first nation citizens, seniors in residence, and people who have just moved.
The academics have also said this:
The Bill also fails to provide the Commissioner with the powers necessary to properly investigate electoral infractions. For example, the Commissioner will not have the power to compel witness testimony, a major stumbling block during the robocalls investigation.
We talked about that earlier.
They talked about campaign finance:
Bill C-23 would make several changes to campaign finance and expense reporting after elections. Taken separately, these changes may seem minor, but together they increase the influence of money in Canadian politics.
Earlier the minister said that Bill C-23 would fix efficiencies in reporting for leadership candidates. He referred to the Liberals, but in fact, what would this have meant for the current Prime Minister in his leadership battle? Nothing was out there—nothing.
I fear that a lot of this is geared toward a particular party or a particular cause and disenfranchises others. It is as though the Conservatives are not gaining something for Elections Canada or taking the opportunity to strengthen Elections Canada in what it does, but are trying to gain an advantage as political players. That is what is most disturbing about this situation.
All of this leads to the same conclusion reached by 160 international academics, The Globe and Mail that I cited earlier, the Toronto Star, major newspapers, and comment in the National Post. The evidence is climbing against this legislation. They are people who are experts in the field who would attack anybody who attacked democracy. They would do it to us, to the NDP, or to the Green Party or the Conservatives. They say that there are egregious attempts within this legislation to isolate voters, when improving the system was there for Conservatives to take advantage of and they chose not to do it.
The motion being put forward today brings up some very important policy about vouchers and voter identification as key stumbling blocks to many people who should be able to vote, but essentially I want to talk as well about how consultation was not there either. That is an incredibly disturbing part of this situation. In terms of putting information out to the average voter to entice a person to vote, the Conservatives talk about how it is up to parties to put out the message to get people to vote for them. It is ironic that a party that spends of millions in negative advertising is saying it is up to parties to convince people to not vote for something, to go to the polls constantly angry, but that is a debate for another day.
Elections Canada has an incredible opportunity to inspire people who have not voted before to go out and vote. There are people in their thirties or forties who have never voted. Motivating people to vote is a key part of Elections Canada, and Elections Canada's ability to inspire people to vote is one of the main reasons the international community cites it as a great international example of democracy.
I have nothing against the idea of putting out more information to tell people where and when to vote, but there has to be another way to inspire them to vote and to give the resources to do it and to communicate with people in an open fashion. If Elections Canada is truly independent, which the minister is now saying it is, he would have no worries about it doing these things, but apparently that is not the case.
Going forward, I hope that we are able to propose, accept, and converse about proper amendments that would fix many of these things that we oppose in the legislation.
