Procedure and House Affairs committee  “Fraudulently”, I believe, is also being removed in some of these amendments.

Procedure and House Affairs committee  If I may, the Chief Electoral Officer expressed concern with the mens rea element in this amendment. The intent element, which is twofold, currently requires that someone “fraudulently, and with the intention of affecting the results of an election”.... The concern was that this is a limited scope and it may lead to unforeseen or unanticipated limits.

Procedure and House Affairs committee  Neither. I'm simply reiterating the position that the Chief Electoral Officer took when he appeared, I believe on September 25, and submitted a table with respect to certain amendments that he would like to see.

Procedure and House Affairs committee  I won't comment on whether it's necessary.

Procedure and House Affairs committee  The election official maintains a broad mandate to maintain order. They can ask someone to leave. The directive will be for them to call the police. The amendment removes the use of force to ask people to leave, and also arrest without a warrant. It may pose problems delivering, for example, a charter caution, which is a complex affair.

Procedure and House Affairs committee  I'm so sorry, Bill C-76 does.

Procedure and House Affairs committee  Yes, it goes right back to a time when it would be difficult, for example, to access a judge in order to secure a warrant. Hence the provisions allowing for arrest without a warrant. As to the precise date and whether it's in the initial Dominion Elections Act of 1874, I don't recall.

Procedure and House Affairs committee  The practice right now, notwithstanding the provision in the act, is that we instruct election officials to call the police. This provision is somewhat anachronistic in that it predates the institution of police forces, for example. It's one of the oldest provisions in the act and reflects a time when election administration was quite dispersed and elections could be administered in very remote areas.

Procedure and House Affairs committee  For example, it requires a charter caution, so before you arrest them without a warrant you need to advise them of their charter rights. This isn't a practice that we encourage. We direct our election officials to call the police. To facilitate that process, one of the preparatory steps is a liaison between the returning officer and the local police force to make sure there is easy access in case of need.

Procedure and House Affairs committee  I've been with Elections Canada on and off since 2013. To my knowledge, it hasn't been used. Trevor is a bit more aged than me, so I will ask him if he is aware of its being used.

Procedure and House Affairs committee  Under section 541 you can request.... The provision is actually drafted such that you need to come to the Chief Electoral Officer's office. In practice, that is available, but we also make documents available for people who cannot come to the office.

Procedure and House Affairs committee  That is what the act requires, but we do have this facility. If someone wishes to come to our office, we will provide the documents that way, but in instances in which people cannot come, we have provided them by a new electronic format.

Procedure and House Affairs committee  I'd have to check as to whether there's a policy or whether it is common practice, but I know it has been done on occasion.

Procedure and House Affairs committee  Yes, and my only comment is that it requires the documents themselves to be published. This is the point. We would be required to publish—

Procedure and House Affairs committee  —and we would also lose the ability.... Well, we would publish the documents, and then we would also translate them, I guess, into a form that is more accessible.