The House is on summer break, scheduled to return Sept. 15

Fair Elections Act

An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts

This bill is from the 41st Parliament, 2nd session, which ended in August 2015.

Sponsor

Pierre Poilievre  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

This enactment amends the Canada Elections Act (“the Act”) to require the Chief Electoral Officer to issue interpretation notes and guidelines on the application of that Act to registered parties, registered associations, nomination contestants, candidates and leadership contestants. It also requires the Chief Electoral Officer, on request, to issue a written opinion on the application of provisions of the Act to an activity or practice that a registered party, registered association, nomination contestant, candidate or leadership contestant proposes to engage in.
The enactment also modifies the Chief Electoral Officer’s power under section 17 of the Act so that the power may only be exercised to allow electors to exercise their right to vote or to allow votes to be counted. It also limits the Chief Electoral Officer’s power to transmit advertising messages to electors and requires the Chief Electoral Officer to ensure that any information so transmitted is accessible to electors with disabilities.
The enactment further amends the Act to permit the Chief Electoral Officer to seek approval from parliamentary committees to test an alternative voting process (but where such a pilot project is to test a form of electronic voting, the Chief Electoral Officer must first obtain the approval of the Senate and House of Commons). The enactment also eliminates the mandatory retirement of the Chief Electoral Officer at age 65 and replaces it with a 10-year non-renewable term. It provides for the establishment of an Advisory Committee of Political Parties to provide advice to the Chief Electoral Officer on matters relating to elections and political financing. The enactment also amends the Act to provide for the appointment of field liaison officers, based on merit, to provide support to returning officers and provide a link between returning officers and the Office of the Chief Electoral Officer. It also enables the Chief Electoral Officer to temporarily suspend a returning officer during an election period and provides for the appointment of additional election officers at polling stations. Finally, it empowers registered parties and registered associations, in addition to candidates, to provide names of individuals for election officer positions and changes the deadline for providing those names from the 17th day before polling day to the 24th day before polling day.
The enactment also adds to the Act Part 16.1, which deals with voter contact calling services. Among other things, that Part requires that calling service providers and other interested parties file registration notices with the Canadian Radio-television and Telecommunications Commission, provide identifying information to the Commission and keep copies of scripts and recordings used to make calls. That Part also requires that the Canadian Radio-television and Telecommunications Commission establish and maintain a registry, to be known as the Voter Contact Registry, in which the documents it receives in relation to voter contact calling services are to be kept.
The enactment also replaces Part 18 of the Act with a new, comprehensive set of rules on political financing that corrects a number of deficiencies in the Act. Notably, the enactment
(a) increases the annual contribution limits for contributions to registered parties, registered associations, candidates and nomination and leadership contestants to $1,500 per year and by $25 per year after the first year;
(b) increases the amount that candidates and leadership contestants may contribute to their own campaigns to $5,000 and $25,000, respectively;
(c) permits registered parties and registered associations to make transfers to candidates before their nomination is confirmed by the returning officer;
(d) requires a registered party’s auditor to complete a compliance audit in relation to its election expenses return indicating that the party has complied with the political financing rules;
(e) requires registered parties, registered associations and candidates to disclose details of expenses for voter contact calling services in their returns;
(f) reforms the rules governing unpaid claims, making it an offence for claims to remain unpaid after three years and strengthening the reporting of unpaid claims;
(g) reforms the reporting requirements of leadership contestants;
(h) permits higher spending limits for registered parties and candidates if an election period is longer than the 37-day minimum;
(i) includes new rules on political loans; and
(j) defines “capital asset” for the purposes of reporting the distribution cost of advertising or promotional material transmitted to the public using a capital asset, so that the expense is reported as the corresponding rental value for the period in which it was used, and for the purpose of the disposal of the campaign surplus.
With respect to voter identification, the enactment amends the Act to require the same voter identification for voting at the office of the returning officer in an elector’s own riding as it requires for voting at ordinary polls. It also prohibits the use of the voter information card as proof of identity, eliminates the ability of an elector to prove their identity through vouching, allows an elector to swear a written oath of their residence provided that their residence is attested to on oath by another elector, and requires an elector whose name was crossed off the electors’ list in error to take a written oath before receiving a ballot.
The enactment also amends the Act to provide an extra day of advance polling on the eighth day before polling day, creating a block of four consecutive advance polling days between the tenth and seventh days before polling day. It requires a separate ballot box for each day of advance polling and details procedures for the opening and closing of ballot boxes during an advance poll. Finally, it gives returning officers the authority to recover ballot boxes on the Chief Electoral Officer’s direction if the integrity of the vote is at risk.
The enactment also amends the Act to, among other things, establish a process to communicate polling station locations to electors, candidates and political parties, to provide that only an elector’s year of birth is to be displayed on the lists of electors used at the polls, instead of the full date of birth, to permit candidates’ representatives to move to any polling station in the electoral district after being sworn in at any polling station in the district and to establish a procedure for judicial recounts.
The enactment further amends the Act to change how the Commissioner of Canada Elections is appointed. It establishes that the Commissioner is to be appointed by the Director of Public Prosecutions for a seven-year term, subject to removal for cause, that the Commissioner is to be housed within the Director’s office but is to conduct investigations independently from the Director, and that the Commissioner is to be a deputy head for the purposes of hiring staff for his or her office and for managing human resources.
The enactment also amends the Act to add the offence of impersonating or causing another person to impersonate a candidate, a candidate’s representative, a representative of a registered party or registered association, the Chief Electoral Officer, a member of the Chief Electoral Officer’s staff, an election officer or a person authorized to act on the Chief Electoral Officer’s or an election officer’s behalf. It also adds the offences of providing false information in the course of an investigation and obstructing a person conducting an investigation. In addition, it creates offences in relation to registration on the lists of electors, registration on polling day, registration at an advance polling station and obligations to keep scripts and recordings used in the provision of voter contact calling services.
The enactment further amends the Act to provide for increases in the amount of penalties. For the more serious offences, it raises the maximum fine from $2,000 to $20,000 on summary conviction and from $5,000 to $50,000 on conviction on indictment. For most strict liability offences, it raises the maximum fine from $1,000 to $2,000. For registered parties, it raises the maximum fine from $25,000 to $50,000 on summary conviction for strict liability political financing offences and from $25,000 to $100,000 on summary conviction for political financing offences that are committed intentionally. For third parties that are groups or corporations that fail to register as third parties, it raises the maximum fine to $50,000 for strict liability offences and to $100,000 for offences that are committed intentionally and for offences applying primarily to broadcasters, it raises the maximum fine from $25,000 to $50,000.
The enactment amends the Electoral Boundaries Readjustment Act to authorize the Chief Electoral Officer to provide administrative support to electoral boundary commissions. It amends the Telecommunications Act to create new offences relating to voter contact calling services and to allow the Canadian Radio-television and Telecommunications Commission to use the inspection and investigation regime in that Act to administer and enforce part of the voter contact calling services regime in the Canada Elections Act. It amends the Conflict of Interest Act to have that Act apply to the Chief Electoral Officer. It also amends the Director of Public Prosecutions Act to provide that the Director of Public Prosecutions reports on the activities of the Commissioner of Canada Elections.
Finally, the enactment includes transitional provisions that, among other things, provide for the transfer of staff and appropriations from the Office of the Chief Electoral Officer to the Office of the Director of Public Prosecutions to support the Commissioner of Canada Elections.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-23s:

C-23 (2022) Historic Places of Canada Act
C-23 (2021) An Act to amend the Criminal Code and the Identification of Criminals Act and to make related amendments to other Acts (COVID-19 response and other measures)
C-23 (2016) Law Preclearance Act, 2016
C-23 (2011) Law Canada–Jordan Economic Growth and Prosperity Act

Votes

May 13, 2014 Passed That the Bill be now read a third time and do pass.
May 13, 2014 Failed That the motion be amended by deleting all the words after the word “That” and substituting the following: “this House decline to give third reading to Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, because, amongst other things, it: ( a) was rushed through Parliament without adequately taking into account the concerns raised by over 70 expert witnesses and hundreds of civil society actors that speak to a wide array of provisions that remain problematic in this Bill; ( b) prohibits the Chief Electoral Officer from authorizing the use of 'Voter Information Cards' as a piece of voter identification to be used alongside a second piece of identification, despite such cards being a method of enfranchisement and promoting smoother administration of the election-day vote and despite there being no basis for believing that these cards are, or are likely to be, a source of voter fraud; ( c) refuses to legislate the powers necessary for full compliance with, and enforcement of, the Canada Elections Act in light of experience with fraud and breach of other electoral law in the 2006, 2008 and 2011 general elections, notably, the power of the Chief Electoral Officer to require registered parties to provide receipts accounting for their election campaign expenses and the power of the Commissioner for Canada Elections to seek a judicial order to compel testimony during an investigation into electoral crimes such as fraud; ( d) eliminates the power of the Chief Electoral Officer to implement public education and information programs designed to enhance knowledge of our electoral democracy and encourage voting, other than for primary and secondary school students; and ( e) increases the influence of money in politics through unjustified increases in how much individuals may donate annually and how much candidates may now contribute to their own campaigns, thereby creating an undue advantage for well-resourced candidates and parties.”.
May 12, 2014 Passed That Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, as amended, be concurred in at report stage.
May 12, 2014 Failed That Bill C-23 be amended by adding after line 27 on page 51 the following: “351.11 No third party that failed to register shall incur election advertising expenses of a total amount of $500 or more.”
May 12, 2014 Failed That Bill C-23, in Clause 77, be amended by adding after line 20 on page 49 the following: “348.161 For greater certainty, the requirement referred to in section 348.16 to keep the scripts and recordings described in that section for three years does not preclude the Canadian Radio-television and Telecommunications Commission from establishing a system of voluntary commitments for calling service providers in which they pledge to keep scripts and recordings for periods longer than three years.”
May 12, 2014 Failed That Bill C-23, in Clause 77, be amended by adding after line 20 on page 49 the following: “348.161 For the purposes of determining the period of time during which each script is to be kept in accordance with section 348.16, the three-year period starts from the last time that the same or substantially similar script is used by the same caller.”
May 12, 2014 Failed That Bill C-23, in Clause 77, be amended by replacing line 11 on page 49 with the following: “years after the end of the election period, and provide to the Canadian Radio-television and Telecommunications Commission,”
May 12, 2014 Failed That Bill C-23 be amended by deleting Clause 41.
May 12, 2014 Failed That Bill C-23, in Clause 5.1, be amended by replacing line 35 on page 8 with the following: “under this Act, including information relating to the commission of an offence against a law of Canada or a province by an individual if, in the Chief Electoral Officer’s opinion, there is evidence of such an offence.”
May 12, 2014 Failed That Bill C-23, in Clause 152, be amended by adding after line 11 on page 242 the following: “(1.2) The report shall also include any concerns regarding the powers granted to the Commissioner by the Canada Elections Act.”
May 12, 2014 Failed That Bill C-23, in Clause 97, be amended (a) by replacing line 30 on page 195 with the following: “( a.1) section 351.1 (registered and non-registered foreign third party ex-” (b) by replacing line 4 on page 196 with the following: “( a.1) section 351.1 (registered and non-registered foreign third party ex-”
May 12, 2014 Failed That Bill C-23, in Clause 56, be amended by deleting line 9 on page 32.
May 12, 2014 Failed That Bill C-23, in Clause 7, be amended by replacing line 22 on page 9 with the following: “levels or to any targeted groups.”
May 12, 2014 Failed That Bill C-23, in Clause 7, be amended by adding after line 22 on page 9 the following: “(2) The Advisory Committee of Political Parties, established pursuant to subsection 21.1(1), shall provide the Chief Electoral Officer with its opinion on the impact of this section within two years after the first general election held after the coming into force of this section.”
May 12, 2014 Failed That Bill C-23, in Clause 5, be amended (a) by replacing line 6 on page 6 with the following: “Chief Electoral Officer within 20 days after the” (b) by replacing line 20 on page 6 with the following: “subsection (5) within 65 days after the day on” (c) by replacing line 22 on page 6 with the following: “65-day period coincides or overlaps with the” (d) by replacing line 25 on page 6 with the following: “65 days after polling day for that election.”
May 12, 2014 Failed That Bill C-23, in Clause 3, be amended by replacing line 17 on page 5 with the following: “(2) The mandate of the Chief Electoral Officer is renewable once only; however, a person who has served as Chief”
May 12, 2014 Failed That Bill C-23 be amended by deleting Clause 1.
May 8, 2014 Passed That, in relation to Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, not more than one further sitting day shall be allotted to the consideration at report stage of the Bill and one sitting day shall be allotted to the consideration at third reading stage of the said Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the day allotted to the consideration at report stage and on the day allotted to the consideration at third reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and in turn every question necessary for the disposal of the stage of the Bill then under consideration shall be put forthwith and successively without further debate or amendment.
Feb. 10, 2014 Passed That the Bill be now read a second time and referred to the Standing Committee on Procedure and House Affairs.
Feb. 6, 2014 Passed That, in relation to Bill C-23, An Act to amend the Canada Elections Act and other Acts and to make consequential amendments to certain Acts, not more than three further sitting days shall be allotted to the consideration at second reading stage of the Bill; and That, 15 minutes before the expiry of the time provided for Government Orders on the third day allotted to the consideration at second reading stage of the said Bill, any proceedings before the House shall be interrupted, if required for the purpose of this Order, and, in turn, every question necessary for the disposal of the said stage of the Bill shall be put forthwith and successively, without further debate or amendment.

Democratic ReformOral Questions

March 27th, 2014 / 2:35 p.m.


See context

NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Mr. Speaker, this morning we had the opportunity to hear from Harry Neufeld on Bill C-23. He oversaw elections in Canada and around the world for over 33 years.

The Minister of State for Democratic Reform has distorted Mr. Neufeld's report to justify much of this bill. However, Mr. Neufeld confirmed unequivocally that the Minister of State for Democratic Reform has misinterpreted his report. He gave several examples of how his conclusions have been used maliciously.

How many other reports has the minister misinterpreted?

Democratic ReformOral Questions

March 27th, 2014 / 2:35 p.m.


See context

NDP

Craig Scott NDP Toronto—Danforth, ON

Mr. Speaker, Harry Neufeld's report is misused constantly by the democratic reform minister to justify Bill C-23's flawed measures.

Mr. Neufeld testified today that none of the remedies his report proposed have ever been mentioned by the minister, let alone included in the bill. He also said that his report is being wrongly interpreted and unfairly invoked by the minister. He said, “At no point in the report do I link vouching with fraudulent voting”.

When will the minister stop distorting the Neufeld report?

Statements by the Member for Edmonton CentrePrivilegeRoutine Proceedings

March 27th, 2014 / 10:40 a.m.


See context

Liberal

Kevin Lamoureux Liberal Winnipeg North, MB

Mr. Speaker, I, too, rise this morning because I am concerned about the statements made by the member for Edmonton Centre on March 24, earlier this week.

That day we were debating Bill C-23, the fair elections act, which is the government's term, when the member for Edmonton Centre, I believe, deliberately intended to mislead the House. I do not say that lightly, because that is a form of contempt of the House.

I would like to refer to a ruling you recently made, Mr. Speaker, dealing with another statement, made by the member for Mississauga—Streetsville.

I will first go to what the member for Mississauga—Streetsville stated and then to your comments, Mr. Speaker, as to why it is important that we be very careful in what we say.

I am going to refer to your ruling from just the other day, if I may, Mr. Speaker. You will recall that on February 6, the member for Mississauga—Streetsville stated:

I have actually witnessed other people picking up the voter cards, going to campaign office of whatever candidate they support and handing out these voter cards to other individuals, who then walk into voting stations with friends who vouch for them with no ID.

Mr. Speaker, you articulated a ruling that many of us in the chamber actually supported, because we believe that you were right in your assessment. This is, in essence, what you stated, Mr. Speaker:

This incident highlights the...importance of accuracy and truthfulness in our deliberations. All members bear a responsibility, individually and collectively, to select the words they use very carefully and to be ever mindful of the serious consequences that can result when this responsibility is forgotten. In calling on the Chair to arrive at the finding of prime facie in this case, the hon. House Leader of the Official Opposition cited my ruling of May 7, 2012, where at page 7650 of the Debates, I reminded the House that, before finding that a member had deliberately misled the House, three conditions had to be met:

Then you stated those three conditions, Mr. Speaker:

...one, it must be proven that the statement was misleading; two, it must be established that the member making the statement knew at the time that the statement was incorrect; and three, that making the statement, the member intended to mislead the House.

I really want to emphasize what we were debating at the time. It was, once again, much like your ruling, on Bill C-23. It is an extremely important piece of legislation, and as you know, Mr. Speaker, it is exceptionally controversial. We have had emotional debates on both sides of the House. However, it is expected that when members participate in a debate, they are not going to try, in any way, to intentionally or deliberately mislead. This is what I believe has happened here.

Let me quote what the member for Edmonton Centre actually stated. Please keep in mind that the debate on that day was all about vouching. The government's position on vouching is that we should not allow vouching. That is what the Conservatives were trying to espouse throughout that day.

Here is what the member stated, and this can be found on page 3778, March 24:

In the 2006 election, I was called personally and offered hundreds of voter cards that had been left in apartment buildings and so on. Like an idiot, I said, “No, we don't do that sort of thing”. I should have said, “Yes, come on down”, and had the police waiting.

It is obvious that the member for Edmonton Centre instantly recognized that something was wrong with that phone call. In hindsight, he felt that it was illegal, because he believed that the police should have been contacted on the matter. To the best of my knowledge, I do not believe that the police were contacted. I hope that the member will address that issue.

More importantly, since this statement, we have found out that the voter cards we are debating today were not being used back in 2006. This comes from Elections Canada. The reason the member was focused on the voter cards was that he was trying to discredit the idea of Canadians being able to be vouched for. That is of critical importance.

On page 65 of Erskine May's Parliamentary Practice, “parliamentary privilege” is defined as:

...the sum of the peculiar rights enjoyed by each House collectively [...] and by Members of each House individually, without which they could not discharge their functions...

I was here on Monday when I heard the member make the statement. There is no doubt in my mind that in making that statement, his intent was to try to give the House the impression that illegal activities were taking place and that vouching was wrong.

If we review some of the statements put forward by the member at the time, they were contradicted by media reports by, for example, the CBC, The Hill Times, and others. They seem to contradict what the member for Edmonton Centre was trying to lead members of the House to believe on March 25. I would suggest that such a review would be appropriate.

I look forward to the member for Edmonton Centre's contribution on this issue. Having said that, Mr. Speaker, I would ask that you find that there are grounds that this is a prima facie contempt of Parliament, at which point I would be prepared to move a motion to have the matter referred to the appropriate committee for further study.

Democratic ReformOral Questions

March 26th, 2014 / 2:40 p.m.


See context

NDP

Craig Scott NDP Toronto—Danforth, ON

Mr. Speaker, some time ago, the Chief Electoral Officer formed an advisory board of notable Canadians like Michael Wilson, Preston Manning, and Sheila Fraser.

Given the government's attacks on the CEO, will the Minister of State for Democratic Reform assure Canadians that the Treasury Board would never deny requests under Bill C-23's proposed subsection 20(1) to cover costs associated with engaging these advisors on a temporary basis?

Will the government agree to amend this deeply flawed bill to make that change?

Democratic ReformOral Questions

March 26th, 2014 / 2:40 p.m.


See context

NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Mr. Speaker, one of the things that the government's Bill C-23 will do is increase the annual political contribution limit by 25%, bringing it to $1,500 per person. The other major impact of Bill C-23 will be to exempt from campaign expenses the amounts spent to solicit donations from people who have made contributions in the past.

Can the minister explain where he got those ideas? Can he quote even one independent expert who believes that these measures will strengthen our democracy and reduce the influence of money in politics?

Democratic ReformOral Questions

March 25th, 2014 / 3:05 p.m.


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Green

Bruce Hyer Green Thunder Bay—Superior North, ON

Mr. Speaker, the Conservatives' fair elections act is anything but fair. Bill C-23 would turn voters away from the polls. Too few voters is our problem, not too many.

Bill C-23 would do nothing to fix our undemocratic system. It would grant 100% of the power to a party with less than 40% of the vote.

Will the minister fix the real electoral problem and make our electoral system more proportional?

Democratic ReformOral Questions

March 25th, 2014 / 2:35 p.m.


See context

NDP

Craig Scott NDP Toronto—Danforth, ON

Mr. Speaker, as Jean-Pierre Kingsley testified today, the unfair elections act only requires data about potential voter fraud to be retained for one year, one short year. This is made worse by the fact that without the power to compel testimony, witnesses can refuse to co-operate, just as we know that so many Conservatives have done during the 2011 robocall investigation.

Will the government now commit to change this part of Bill C-23?

Democratic ReformOral Questions

March 25th, 2014 / 2:35 p.m.


See context

Nepean—Carleton Ontario

Conservative

Pierre Poilievre ConservativeMinister of State (Democratic Reform)

Mr. Speaker, the former chief electoral officer has previously made very positive comments about the fair elections act. Today, he repeated a number of those comments.

In terms of Elections Canada's advertising, two things motivate voters: first, information and, second, inspiration. The information about where, when and how to vote should come from Elections Canada. However, the inspiration should come from the candidates and political parties. That is how we will proceed with the fair elections act.

Democratic ReformOral Questions

March 25th, 2014 / 2:35 p.m.


See context

NDP

Alexandrine Latendresse NDP Louis-Saint-Laurent, QC

Mr. Speaker, the Minister of State for Democratic Reform is trying to prevent Elections Canada from informing and educating young people and the general public. However, this morning, former chief electoral officer Jean-Pierre Kingsley pointed out that the changes in the Conservatives' electoral “deform” to part 18 of the Elections Act should be completely removed from Bill C-23. His remarks echo those made by the current Chief Electoral Officer, Marc Mayrand.

Does the minister promise to take the advice of experts and delete the proposed changes to part 18 from Bill C-23?

Opposition Motion—Proposed Changes to the Elections ActBusiness of SupplyGovernment Orders

March 24th, 2014 / 6 p.m.


See context

NDP

Kennedy Stewart NDP Burnaby—Douglas, BC

Mr. Speaker, it is a great pleasure to rise here this evening and support the motion the member for Toronto—Danforth has put forward, and I would like to thank him for his work on this file. He has done a tremendous job not just on this issue but on all the issues he is handling regarding democracy in this country.

I would just remind you, Mr. Speaker, that I will be splitting my time with the member for Notre-Dame-de-Grâce—Lachine.

Democratic reform and protecting democracy in Canada are issues that are very close to my heart. I have studied and worked on this topic for 20 years, both as a student and as a professor. There are many concerns we have with the so-called fair elections act that has been put forward by the government, and this motion directly calls for its rejection. It is really worth reading the motion in detail, because it sums up our problems. It says:

That, in the opinion of the House, proposed changes to the Elections Act that would prohibit vouching, voter education programming by Elections Canada, and the use of voter cards as identification could disenfranchise many Canadians, particularly first-time voters like youth and new Canadians, Aboriginal Canadians and seniors living in residence, and should be abandoned.

This really sums up what will be the crux of my speech and the concerns many Canadians have, regular Canadians but also those who have, as I have, spent their lives studying this issue. In fact, I hope to show in this short speech that the Conservative proposals are not in the best interests of Canadians and that our motion should be passed.

Canada has long been seen as one of the most democratic countries in the world. Indeed, Elections Canada is consulted internationally so that other countries can learn how we do things here. The way we conduct our elections is the gold standard of how elections are conducted around the world and is something we should be proud of. However, I look now at how our democracy is performing overall, and I wonder if we have not hit a bit of a peak or have even passed our peak.

Voter turnout has been on a slow decline since the 1980s, and what is worse, we are creating cycles of non-voting. Citizens, for example, no longer join political parties. Less than two per cent of the citizenry is active in political parties. Once held in high regard, politicians are now loathed by the public, and in fact, both provincial and federal legislatures do not reflect the populations they represent. We could go on and on about where things used to be better and are declining.

I want to focus my remarks on voter turnout and use this to show why the Conservatives' proposed act is not only wrong in detail but is wrong in spirit and in the process by which it would be implemented.

In the 1960s, almost 80% of those eligible to cast votes did so. In the 2011 election, voter turnout dropped to just over 60%, a decline of 20 percentage points. This is not a one-off decline. It is not a dip in voter turnout. This is really a pattern. Turnout has not been higher than 65% in this country any time in this century. It has declined, and we are entering a period of further decline. That is why I am saying again that I think democracy has perhaps peaked in Canada.

The reasons for the decline in turnout are many, but some have to do with declining government investment in efforts to help get people to the polls. The Conservative proposals not only would take money away, for example, for door-to-door registration but would actually add additional barriers to participation. Why I say that this violates the spirit of what we try to do here in Canada is that it is going to make our low turnout problem even worse.

This is a very serious situation from two perspectives. First, many would agree that high voter turnout is in itself a good thing, and low voter turnout, in turn, is a bad thing. Second, and perhaps more serious, is that disengagement can undermine the legitimacy of the government, and in the extreme case, lead to instability. The low levels of turnout we now have will only get worse, especially if the Conservatives force this bill through Parliament.

It is worth noting the kind of cycle we are having of low voter turnout. Of those eligible to vote for the first time in 1965, almost 70% voted. By 2008, the turnout of voters who were first eligible to vote in 1965 had increased to 75%.

If we look at first-time voters in the year 2000, of those eligible to vote in 2004, only 34% voted. By the 2008 election, this group was still stuck at 34%.

What we are getting is a cycle of non-voting. Of those born in the sixties, 70% voted and have continued to vote in those numbers as we moved forward through elections. Of those born in the 20th century, one-third are voting, and they are stuck with one-third voting.

This is the cycle of non-voting of which political scientists speak. It is something we have to work to fix rather than what this Conservative bill proposes to do, which will make things worse.

Turnouts are low and dropping, non-voters are continuing to be non-voters, and there are more groups that are permanently disenfranchised from our voting system.

It is important not to take my word for it. Recently, over 150 political scientists wrote an open letter to the government on this matter. It is worth repeating what they had to say. These 150 professors are the cream of the crop as far as political scientists go in Canada. They are mostly chairs and full professors as well as people who all parties in the House have called upon to serve on boundary review committees, to head up royal commissions, and to advise on any matters to do with democracy. It is a multi-partisan group, one that some parties would favour and others would not favour. It is the grand collection of political scientists.

In their open letter to the Prime Minister and the Parliament of Canada, they said that if Bill C-23 was passed, it “would damage the institution at the heart of the country's democracy: voting in federal elections”.

Further, these 150 political scientists urged the government to heed the call for wider consultation in vetting the bill.

This is another problem with what is happening here in terms of the spirit of democratic reform. In the past, any changes to elections would be done in a non-partisan or multi-partisan way. Not only would we consult Elections Canada and experts around the country and perhaps outside the country, we would definitely be consulting the Canadian public. This has been abandoned with Bill C-23. We have had closure on debate, and this bill is being rammed through without any real discussion and without discussion with Elections Canada, which seems absurd, since that is the institution at the centre of this legislation.

These 150 political scientists are urging the government to consult more widely. While they agree, and we have heard today, that there are some things that could be looked at with our electoral system, they are worried about the serious damage that will occur with the passing of Bill C-23.

It is worth noting who these folks are, the drafters of this open letter, which can be seen in many publications, such as the National Post or The Globe and Mail. Professors Deveaux, Williams, Cameron, Dawood, Lenard, and Fuji Johnson are the main drafters. However, this letter has also been signed by 16 past-presidents of the Canadian Political Science Association: Caroline Andrew, Michael Atkinson, Keith Banting, Sylvia Bashevkin, André Blais, Kenneth Carty, John Courtney, Elisabeth Gidengil, Richard Johnston, Peter Russell, Grace Skogstad, David Smith, Miriam Smith, Reeta Tremblay, Graham White, and Robert Young.

If we put all of these signatories together in a room, I would hazard a guess that we could solve any political science problem we have in this country. Of course, none of these people have been consulted on this bill. It is outrageous that these changes are going ahead and are being forced through Parliament without any consultation at all and without any expert advice. It has been drafted in a back room. It is something that would advantage one party over other parties, and it violates the spirit of what we have done here in the past. That is why I support the opposition day motion that has been put forward today.

I call upon the government to drop Bill C-23. Let us go back to the drawing board and consult with experts and regular Canadians to figure out how to make democracy better and how to improve our falling voter turnout.

Opposition Motion—Proposed Changes to the Elections ActBusiness of SupplyGovernment Orders

March 24th, 2014 / 5:45 p.m.


See context

NDP

Kennedy Stewart NDP Burnaby—Douglas, BC

Mr. Speaker, I was very interested in my colleague's speech. By the sound of things, maybe the whole 2011 election should have been null and void, if that kind of fraud or potential mistakes were happening all across the country.

Of course, we know that is not the case. We know that Elections Canada does great work and that we are the gold standard of conducting elections in Canada and around the world.

Instead of looking at anecdotal information, perhaps we should look at what 150 political science professors across Canada have been saying about the Conservatives' proposed act and why we should be voting yes to the motion we have put forward today. These professors are saying, and many of them have been on boundaries commissions or royal commissions, that, if passed, Bill C-23 would damage the institution at the heart of our country's democracy: voting in federal elections.

Instead of drilling down to minutia on a couple of cards that were problematic, perhaps my colleague could say why he disagrees with the top political science minds in the country.

Opposition Motion—Proposed Changes to the Elections ActBusiness of SupplyGovernment Orders

March 24th, 2014 / 5:10 p.m.


See context

NDP

Linda Duncan NDP Edmonton Strathcona, AB

Mr. Speaker, this motion is all about the struggle for the vote.

I think it is important for this place to be reminded that it was not until 1918 that women could finally vote in a federal election. I would like to credit Alberta's own Nellie McClung for her strong efforts across the country to ensure that women could exercise their suffrage at the provincial, local, and federal level.

It was not until 1960 that Canada's first nation peoples were allowed to vote with no strings attached and without giving up their aboriginal rights.

However, as many in this place have mentioned, there has been broad concern across Canada over the decrease in voter turnout. Therefore, the last thing we would expect the government of the day to do is to put measures in place that would put further barriers in place, making it difficult for people to exercise their franchise.

An open, fair, and inclusive electoral system is the foundation of a modern democracy. The right to vote is now enshrined in the Canadian Charter of Rights and Freedoms, which is not a minor matter. Jean-Pierre Kingsley has been quoted as saying, “Canada's electoral system is often mentioned as an international model for both its fairness and effectiveness”.

Because of our reputation for having a credible electoral system, Canadians have been invited to serve as election monitors in elections around the world, recently, in Ukraine. I had the privilege, in 2012, of attending in Ukraine to help monitor its election. Other members attended again last December, and we are going to be welcoming those invitations again.

I had the privilege in the last week to travel with colleagues from this place to two African countries, Mozambique and Madagascar. These are lesser developed nations that have gone through war and suffered extreme poverty. Yet, they have established electoral commissions and are bending over backwards to educate the populace and get them enumerated to enable them to vote. However, here we are moving in reverse.

We should perhaps be shamefaced going overseas, professing to have expertise in the democratic electoral process, when the current Conservative government is moving to a more regressive version. We might have to have election monitors here, to engage and encourage us on how we can make our process more democratic.

Today we have a motion put forward by the member for Toronto—Danforth, which says, in part:

That, in the opinion of the House, proposed changes to the Elections Act that would prohibit vouching, voter education programming by Elections Canada, and the use of voter cards as identification...

The concern is that first-time voters would be disenfranchised, including youth and new Canadians, aboriginal Canadians, and our seniors living in residence.

I wish to speak to the process deployed in the passage of these proposed election laws.

Reforms have been long awaited. Many times, the ministers of the government of the time stood in their places and said that any day they were going to table an election law, but then they would withdraw it. We have been waiting for quite some time. Everyone agrees in this place that we do need some reform to the law going forward to the next election, which will be within a year or year and a half. It is important that we have enough time to get these laws in place and that Elections Canada be ready for them.

The question is, why now the rush, having waited so long to bring forward changes?

The Conservatives have brought the bill forward with no consultation with Elections Canada, which is in breach of past protocols. It is also a breach of the past protocol to not consult all the parties. Again, in my visit to these developing African nations, those governments have reached out to their opposition members. What kind of example is the Conservative government setting? Why the need to fast-track Bill C-23?

A reasonable request was made to have the bill immediately go to committee so that more substantial amendments could be made. We had the public calling for more time to consult, and there have been calls by our party to take this bill across Canada to hear from Canadians, all of which has been denied.

Despite the significant issues identified, we are rushing the bill through. We plea once again with the government to apply some common sense, dignity, and democratic process to the reform of the most critical law in our nation, the right to exercise one's franchise.

I would like to speak to a couple of issues under the bill that are raised in the motion. One issue is the proposed prohibition of vouching and any reliance on voter ID cards.

As has been mentioned by many of my colleagues, in the past there has been some level of reliance on vouching. Why is that? It is because there are some members of our society who simply do not have readily available identification. In my riding of Edmonton—Strathcona, within the city of Edmonton and province of Alberta, it is well known across the country and by the government of the day who brag regularly about the work that has been created in Alberta. It suggests that people should move to Alberta. There are jobs, and it welcomes people from other countries to work in Alberta, in many cases in the oil sands.

As a result, we have an incredibly mobile population. In going door to door in three successive elections, I can attest to the fact that many people had just moved in. They had moved across the city, relocated, had no mail with their address, no licence with their new address, and so on. At household after household, we were giving out information on how people could be enumerated. It would be a very serious problem if we took away the voter ID cards, and particularly if we also took away the vouching.

I can also attest to the serious concerns expressed by university students in my riding. I am privileged to have three university campuses in my riding, and there is an additional campus across the river in another riding. I have received letters, from the students' unions from MacEwan University, University of Alberta, and King's University. Those students' unions were all voicing deep concern about the removal of the opportunity for vouching. Why? In many circumstances, as many have attested, students share a residence and only one name will be on the lease or on the bills that come to the house. They have no way of proving their place of residence.

I can attest that I personally have seen young students coming to vote in my riding who have been turned away. Parents have arrived with them, and they are still turned away. In other cases, students have been misinformed and told they must vote in the town they come from, that they cannot vote where they go to university. We need to move in the direction of enabling our youth to vote, not discouraging them.

Second is the category of first nation peoples. In my city, there are many first nation people who, sadly, are displaced, homeless, even though the city is trying to address that. There are wonderful services, including the Boyle Street society, which at the time of an election come forward to assist homeless people. They vouch for them to enable them to vote. They have personally expressed deep sadness to me, that by banning vouching for the people who are trying to exercise their rights, they are going to be banned from that opportunity.

Additionally, as I am sure is the case for all members of this place, there are many seniors residences and long-term care institutions in my riding. We were told by the operators of these institutes that on many occasions they have had to vouch for the residents so that they could vote.

The obvious question is, why is the government moving to disenfranchise these voters? We have not heard one credible or rational argument for this. We should be encouraging people to vote. We heard the government trying to defend that this practice has to be undone because Mr. Neufeld, who was commissioned by Elections Canada to advise on reviewing the act, said there was fraud and that vouching needed to be removed. He has since clearly stated that at no time did he suggest that ineligible voters have deliberately tried to cast illegal ballots. The only other information provided by the minister to the House was information that misled the House and has since been withdrawn. We still await the rationale for disenfranchising over 100,000 voters.

Finally, on voter education, the public, many experts, and certainly my colleagues, are stunned that the government is choosing to diminish the powers and mandate of the Chief Electoral Officer and his officers to educate and encourage the public to vote.

My final point is that I am absolutely dismayed at the decision to deny the strongest recommendation from Mr. Mayrand, which was to give him the powers of investigation to compel evidence. There can only be two reasons for this, both of which are reprehensible.

One is that the government is intentionally blocking the ability of Elections Canada to enforce the act. The second is that it simply does not understand the enforcement system.

Opposition Motion—Proposed Changes to the Elections ActBusiness of SupplyGovernment Orders

March 24th, 2014 / 4:55 p.m.


See context

NDP

Rathika Sitsabaiesan NDP Scarborough—Rouge River, ON

Mr. Speaker, at the outset I say that I will be sharing my time with the member for Edmonton—Strathcona.

Bill C-23 has been criticized as undemocratic by academics, elections officials, and, more importantly, by many Canadian citizens. Just this morning, on my trip to Ottawa, I had a chance to read The Globe and Mail. It has been editorializing on Bill C-23 for over six days now, sharing more information on this unfair elections act than the government is with Canadians.

I thank The Globe and Mail. In today's piece, it decried the bill, saying to kill this bill for the good of the country. I could not agree more with what the The Globe and Mail's editorial said.

I would like to share some more of what I read today:

The government has touted the bill’s changes to voting rules as needed to prevent voter fraud. That’s a red herring. There is no evidence that vouching, a process the bill eliminates, led to widespread fraud. The government has resorted to defending itself with out of context citations from experts, whose 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.

Other changes create a giant, partisan loophole in campaign spending laws, to the advantage of the Conservatives. Why? The bill gives incumbent parties in each riding the power to name key election officials, instead of leaving the job to an impartial Elections Canada. Why? Bill C-23 also takes direct aim at Elections Canada in other ways – neutering its ability to conduct public outreach campaigns and encourage voting. Why? It also meddles with Elections Canada’s ability to investigate wrongdoing or communicate the results of investigations. Why?

It is not just me or The Globe and Mail; many Canadians are asking the same questions. Why are the Conservatives trying to stop voters, stop Canadians, from actually participating in our general elections? Time and time again, experts have been saying that Bill C-23 aims to fix problems that are not really there.

The bill is actually exacerbating the real problem with Canada's electoral system, which is low voter engagement. Voter participation is low, and engaging new voters in a time when Canadians are cynical about government is an uphill battle. Why are the Conservatives trying to make voting harder, when we should be making it easier and as accessible as possible? The answer is simple, and very discouraging: it is because the unfair elections bill makes it easier for the Conservatives to win. They want to make it harder for people who do not vote Conservative to vote at all.

Hundreds of thousands of Canadians rely on vouching and voter identification cards to prove that they have the right to vote. This is especially true for young people, new Canadians, aboriginal people, and seniors living in residence. Bill C-23 would put an end to vouching practices. Vouching has long been an accepted practice; not everyone has the financial means to secure an ID, and not everyone in Canada is wealthy.

Aboriginal people, university students living away from home, the homeless, and seniors in residence are all groups that are less likely to have eligible ID or mail on hand, thus requiring someone to vouch for them. In the last election, approximately 100,000 people used vouching to exercise their right to vote.

In addition, voter cards will no longer be accepted to confirm identification. The use of voter ID cards, the notice of registration on the electoral list that is sent to voters, benefits those who face challenges in establishing their address when it is time to vote. Examples are youth on campus, seniors, and aboriginal people. Many aboriginal people wait months to get their treaty cards. They may not have access to alternative forms of ID. Elderly couples may need to have a spouse vouch for them, because only one of their names was on the registered mail.

The rate of error is very small when using voter ID cards, and the allowance worked to enfranchise many, so why get rid of it? The only reason I can see is to disenfranchise voters.

My riding of Scarborough—Rouge River is large and diverse. We have a high population of new Canadians who may face some difficulties when they go to the polls next election. For some, the 2015 election will be their first opportunity to vote federally. What a warm welcome to their new home to be told they cannot vote.

We also have the highest youth-to-population ratio in the greater Toronto area in Scarborough—Rouge River. There are approximately 32,000 people between the ages of 18 and 34. The national youth survey conducted by Elections Canada after the 2011 election found that among Canadians aged 18 to 34 who did not vote, 15% said that their decision was influenced by their inability to provide proof of identification, while another 16% indicated that they were influenced by their inability to provide proof of address.

However, members need not take my word for it. Although the Conservatives did not feel the need to consult the Chief Electoral Officer, Marc Mayrand, he had more than enough to say about vouching in testimony that he provided at the procedure and House affairs committee that we know the Conservatives wish they could forget. Luckily for us and for all of Canada, it is on the public record.

The Chief Electoral Officer, when he spoke at the committee, had this to say on vouching:

It has been pointed out that vouching is a complex procedure and that numerous procedural irregularities were found to have been committed at the last general election in connection with vouching. It is critical to understand that, as recognized by the Supreme Court of Canada, the vast majority of these were strictly record-keeping errors by poll workers documenting the vouching process, and not fraud or even irregularities that could compromise an election. There is no evidence tying these errors to ineligible electors being allowed to vote.

That is a fairly clear demonstration that vouching is not leading to election fraud.

When asked publicly about why they would ban vouching and the use of voter information cards, Conservatives say that it is because they are trying to cut down on fraud. However, that does not make sense. We know they are not cracking down on fraud. Elections Canada has been clear that there is no evidence to suggest that vouching or the use of voter information cards has actually led to fraud. There is no evidence to suggest vouching or voter information cards are connected to electoral fraud. There is no evidence to show that this legislation would be justified in ending vouching and ending the use of voter information cards.

The only example of voter fraud using voter ID cards that the Conservatives could give us was, of course, the statement by the member for Mississauga—Streetsville that he had witnessed with his own two eyes that voter fraud was happening using voter ID cards. Of course, as the House knows now, this was not the case, which invites the question of why the member for Mississauga—Streetsville brought it up if he knew it was not true.

Unfortunately, this unfair elections act is not just an attack on voter access but also on education. Bill C-23 would strip the Chief Electoral Officer's power to engage in public education. Under the unfair elections act, the Chief Electoral Officer would be limited to discussing only certain aspects of the electoral process: when, where, and how to vote. That is literally the least amount of information that the Chief Electoral Officer and Elections Canada could give to Canadians. That is all they would be allowed to say. This is absolutely not a way to increase voter participation. This is very much a departure from many western democracies.

Traditionally, bodies that oversee elections have the mandate to educate the public on how to vote. If Elections Canada is not allowed to do the job, then who will? The Conservatives are counting on the probability that nobody will. The Conservatives would rather change the rules of the game than play by the rules. We know that with their majority government, the Conservatives have been writing their own rules, making them up as they go along.

Unfortunately, the Conservatives have a track record of breaking election laws with their in-and-out scheme, robocalls designed to suppress opposition votes, and rule-breaking overspending by Conservatives ministers, not to mention charges against the Prime Minister's former ethics spokesperson, the MP for Peterborough.

The Conservatives had a chance with Bill C-23 to do the right thing and introduce a bill to crack down on real electoral fraud, but they could not stop themselves from tacking on cynical measures designed to tilt the playing field in their favour and make it harder for some groups of Canadians to vote. As I said before, those include young people, seniors, aboriginal people, and homeless people.

I want to say one last thing. As The Globe and Mail's editorial said this morning, for the good of this country, let us kill this bill.

Opposition Motion—Proposed Changes to the Elections ActBusiness of SupplyGovernment Orders

March 24th, 2014 / 4:25 p.m.


See context

Conservative

Blake Richards Conservative Wild Rose, AB

Mr. Speaker, it is a pleasure to rise in the House today to express my views regarding the New Democratic Party's opposition day motion concerning various reforms the fair elections act would bring to voter identification procedures under the Canada Elections Act.

The motion before the House also deals with the effects of these important reforms for specific groups in Canadian society. My remarks today will focus on this dimension of the issue and will demonstrate why the fair elections act would have beneficial effects on the voting rights of the groups listed in the motion.

I welcome this debate today, because it gives me an opportunity not only to contribute my perspective on what the real impacts of the voter identification reforms and the fair election act would be for the groups specified in the motion before us today but also because it will be an opportunity to provide colleagues with some of my thoughts on the multiple and significant advantages the fair elections act would bring to Canada's electoral system. In particular, I would like to highlight the importance of upholding the integrity of our elections and of protecting Canadians' right to vote.

I would like to make it clear to the House from the outset, however, that I disagree with the motion put forward by the New Democratic Party today regarding the bill.

The motion would have the House pronounce an opinion against the needed reforms the fair election act would bring to the current voter identification procedures set out in the Canada Elections Act. Furthermore, the motion would have Canadians believe that the fair elections act would have negative effects on the voting rights of the groups specified in today's motion, but I am pleased to say that nothing could be further from the truth. In fact, the fair elections act would have just the opposite purpose, that of protecting all Canadians' electoral rights from the risks of fraudulent voting and high rates of administrative errors, factors that can undermine confidence in the integrity of elections.

I would like to begin my remarks today with a few preliminary observations regarding the important enhancements the fair elections act would bring to our electoral system. The fair elections act proposes comprehensive changes to the Canada Elections Act. It is unquestionably important legislation that will reinforce the integrity of Canada's elections and will revitalize our democracy.

An element of particular relevance in today's debate is that the fair elections act would provide better customer service for voters by focusing Elections Canada's advertising on the basics of voting: where and when and what identification to bring. This measure will benefit all Canadians, including by facilitating the voting processes for all the specific groups referenced in today's motion.

For example, Elections Canada concluded in its evaluation report on the 41st general election that a top priority to increase youth turnout would be, and I quote, “increasing awareness about when, where and how to vote, by providing information in formats suitable for youth”. The fair elections act would ensure that Elections Canada would focus its communications messages on this crucial information for our electors.

I would like to add that the act would also establish an extra day of advance polling. The proposed change would give Canadians access to four advance polling days: the 10th, 9th, 8th, and the 7th days before election day. This important measure would also benefit all Canadians, including, again, those specific groups in society that are the subject of our debate today.

This would be an appropriate point to note that among the most important initiatives included in the act are measures to combat voter fraud and increase the confidence of Canadians in the electoral process. I think all members can agree that the prevention of electoral fraud is a very worthwhile goal and that every fraudulent vote not only undermines confidence in our elections but also, in effect, cancels out the legitimate vote of a Canadian.

In light of the fact that the motion before the House today refers specifically to the prohibitions in the fair elections act on the use of the vouching procedure and the voter information cards as replacements for acceptable identification, I would at this point like to take a few additional minutes to outline for the House precisely why it is imperative that those practices be prohibited.

I will first provide a little background information to explain precisely how the use of the vouching mechanism and the voter information cards for identification purposes relate to the current voter identification procedures under the Canada Elections Act.

With the passage of Bill C-31 in 2007, a mechanism was introduced for verifying the identity of electors and their residence upon registration at the polls and for voting. This was a significant advancement that our government brought to voter identification for federal elections in Canada. It helped bring us closer to restoring the confidence of Canadians in the electoral process.

As a result of those legislative changes, an elector voting in a federal election at an ordinary polling station must prove his or her identity in one of three ways. The first is by presenting one piece of identification issued by a government that includes a photograph of the elector and his or her name and address. The second is by presenting two pieces of identification, each of which establishes the elector's name and one of which establishes the elector's address. The third is by taking an oath, if accompanied by another elector whose name appears on the list of electors and who, after providing the piece or pieces of identification referred to, vouches for the elector on an oath. That is what is known as the vouching process.

There are certain safeguards in place that are intended to make the vouching process more reliable and accurate. For example, the voucher must have the required pieces of identification. He or she cannot previously have been vouched for. The voucher must reside in the same polling division as the elector. The voucher can only vouch for one elector; multiple vouching is prohibited. Most importantly, there is also supposed to be a record of who the voucher is and who he or she vouched for. This ought to create an effective deterrent to anybody who gives thought to vouching for an unqualified elector. However, in practice, those safeguards are undermined by the fact that there are high levels of irregularities being reported at the polls regarding the use of vouching.

Studies commissioned by Elections Canada demonstrate mass irregularities in the use of vouching. According to the Neufeld report relating to administrative deficiencies at the polls in the 2011 election, vouching procedures are complex, and there were irregularities in 42% of cases where vouching was used.The report indicates that even with increased quality assurance, the problem would not be remedied. The report found that in 38% of the cases where vouching was required, there was no record in the poll book that clearly indicated both who the voters and the vouchers were. This clearly does not mean that all of these cases were instances of voter fraud. However, it does mean that polling day irregularities by elections officers regularly undermine an essential safeguard in the vouching mechanism, which is to have a record of who vouched for whom.

While Elections Canada has estimated that as many as 120,000 voters chose to use the vouching procedure on election day, those voters could have proven their identity and their residence by other means. The fair elections act will require in law that Elections Canada communicate what forms of identification would be acceptable at polling locations. This important measure would provide voters with the basic information they need about what identification to bring to the polls before they go to the polls.

I would also add a few words about the measures in the fair elections act regarding voter information cards, which play an important role in informing Canadians about where and when they need to vote. It is important to recognize that voter information cards are not currently authorized forms of identification and cannot be used as proof of identification and residency. Since the voter identification requirements were established in 2007, we have had one general election when voter information cards were permitted to be used on an exceptional basis and one general election when they were not authorized forms of identification at all.

Potentially serious problems could arise if those cards were used as replacements for acceptable identification, since there is evidence that the use of voter information cards as identification presents the risk of voter fraud. For instance, studies commissioned by Elections Canada showed a one-in-six error rate on voter information cards. Such inaccuracies could allow those attempting to subvert election laws to use them to vote more than once or to vote in the wrong riding.

I would like to take a few moments to outline the current situation regarding the various forms of identification available to voters and to address the question of whether the reforms in the fair elections act would have any effect on their availability. This will illustrate quite clearly that the important voter identification measures contained in the fair elections act would not in any way disenfranchise the groups mentioned in today's motion: first-time voters, such as young people and new Canadians; aboriginal Canadians; and seniors living in residences.

I would also like to emphasize that the flexibility of the Canada Elections Act would not change. Rather, the goal of the fair elections act is, as I mentioned earlier, to prohibit only those specific administrative procedures that are risky and counterproductive, in particular the use of vouching and voter information cards as replacements for acceptable identification. In this way, it would minimize the risks of fraud and error in the voting process.

Nevertheless, even with the new protections introduced by the fair elections act, voters would still be able to choose from among 39 forms of authorized identification to prove their identity and residence, including a lease, bank statements, library cards, hunting licenses, Canadian Forces identity cards, and many more. In fact, the current authorized list includes not only about two dozen different kinds of identity cards but also a wide variety of original documents that contain a name and an address.

I would like to emphasize that this latter point is of particular importance with respect to certain groups in society that for various reasons may face challenges in proving their identity and residence. I would like to take a moment to elaborate on this point.

The kinds of original documents with a name and address that are among the 39 forms of authorized identification include a statement of government benefits, which would be employment insurance, old age security, social assistance, disability support, or a child tax benefit. It is unquestionable that this option would facilitate the identification process, for example, for seniors who live in a residence. They would be able to use their old age security statements to provide identification at the polls.

Moreover, the list of original documents considered to be suitable identification for the purposes of voting would also include letters from a public curator, a public guardian, or a public trustee. It could be documentation, such as a letter of stay or an admission form, issued by the responsible authority of a shelter, a soup kitchen, a students residence, a seniors residence, or a long-term care facility.

Clearly the option of presenting a letter from the responsible authority of a student or seniors residence could be quite useful for seniors who live in a residence or for young first-time voters who may be students living away from home while they attend an educational institution. Students would also have the ability to use correspondence issued by a school, college, or university to provide their identification. All of this would be in addition to the fact that student identification cards and old age security cards are both authorized forms of identification.

I have not yet mentioned the forms of authorized identification that would be of specific benefit to aboriginal Canadians. Specifically, the forms of identification authorized by the Chief Electoral Officer would include certificates of Indian status, also known as status cards. This is in addition to attestations of residence issued by the responsible authority of a first nations band or reserve.

I would also like to emphasize at this point that the Chief Electoral Officer would continue to authorize acceptable forms of identification at the polls. Furthermore, the Chief Electoral Officer would be encouraged to continue his efforts to ensure that the list of authorized identification contains documents to allow those with particular challenges in proving their identity and their residence to be able to do so. In fact, this is the central message of my remarks here today in the House.

The fair elections act would do nothing to detract from the flexibility and adaptability that is inherent in the current system of voter identification under the Canada Elections Act.

The government recognizes that these are key strengths of our electoral system, and as a consequence, the reforms in the fair elections act would serve to enhance those positive elements in the current system while minimizing the very real risks of electoral fraud.

With specific regard to new Canadians, those who are eligible electors would have been resident in Canada for some time prior to obtaining their citizenship and being able to vote in their first election, and so would not face greater challenges than any other Canadian in obtaining one or more of the 39 forms of authorized identification I have just talked about.

Additionally, I would like to note that Elections Canada has produced, in 27 languages in addition to English and French, a document concerning voter identification at the polls, which is intended to make this important information more easily accessible to voters from ethnocultural communities.

The fair elections act would do nothing to impede such important and fundamental advertising on the basics of voting: where, when, and what identification to bring. In fact, the fair elections act would ensure that Elections Canada focuses its advertising on this crucial information.

The reforms that the fair elections act would bring to the voter identification procedures under the Canada Elections Act are important and much needed measures that would help to ensure that our electoral system operates with the integrity that all Canadians expect and deserve.

In particular, the prohibitions in the fair elections act on vouching and the use of voter information cards as replacements for acceptable identification are designed to protect the vote of Canadians. This certainly includes the specific groups that are mentioned in today's motion: first time voters like youth and new Canadians, aboriginal Canadians, and seniors living in residences.

As I mentioned in my earlier remarks, the fair elections act actually has just the opposite purpose, that of protecting all Canadians' voting rights. With the fair elections act, our government continues to respond to emerging challenges in order to ensure fair elections in which the voice of every voter is counted.

I will bring my remarks to a close today by reiterating my opposition to the motion that has been put forward by the New Democratic Party today concerning the important reforms the fair elections act would bring to Canada's voter identification procedures.

I certainly hope hon. members will join me in opposing this motion and supporting the important changes in the fair elections act.

Opposition Motion—Proposed Changes to the Elections ActBusiness of SupplyGovernment Orders

March 24th, 2014 / 4:10 p.m.


See context

NDP

Mike Sullivan NDP York South—Weston, ON

Mr. Speaker, I appreciate the opportunity to talk about this unfair elections bill.

Our elections process is going backwards. For the first time in Canada's history, we are disenfranchising people who have been enfranchised in the past. At every other step of the way, whether it was allowing women or aboriginal people to vote, or providing mechanisms for persons with disabilities or for persons who had difficulty proving their identity, we have always moved forward.

We have always moved to enfranchise people, and the Conservative government is moving backwards for the first time in our history. I think it is shameful.

Canadians expect us to fix some of the problems clearly identified by a number of events over the past, since the 2011 election, and even before that. Those events displayed to Canadians that there was a problem with voting: officials of Elections Canada were not following procedures appropriately; the lists are no good; the lists need to be improved; there is a considerably amount of potential cheating happening by political parties; and Canadians expect us to do something about it.

This bill does not do any of those three things. In fact, the bill makes cheating easier in some circumstances. It has absolutely no impact whatsoever on the list itself and on whether the list will in fact be improved—it will not. In terms of voting, all the bill does is disenfranchise a number of individuals who were able to vote before.

First, the minister and others keep talking about these 39 pieces of ID that Canadians can use. In fact, that is not true. None of them are in the bill. These pieces of ID are set by Elections Canada, with the exception that the bill says voters cannot use the voter information card. There are 38 pieces of ID. Those 38 include 25 pieces of ID that can prove who a person is. Then a person needs to find 1 of 13 pieces of ID to prove where he or she lives.

We are really looking at 13 pieces of ID. Those 13 are sometimes completely unavailable to some individuals. For example, a student living not in residence but at the home of another individual in another city wants to be able to prove that he or she lives there.

Those students do not receive a utility bill. They do not have a bank or credit card statement. They do not have vehicle ownership or insurance there. They do not have correspondence issued by a school, college, or university to that place because that is not their original residence. The correspondence would have gone to their other place. They do not have a statement of government benefits because they are not getting them. They do not have an attestation of residence on a first nations band or reserve. They do not have a government cheque or cheque stub. They do not have a pension plan statement of benefits.

They do not have a lease or a mortgage statement. They do not have income or property tax assessment notices because, again; it goes back to their original home. They do not have an insurance policy. They do not have a letter from a public curator, public guardian, or public trustee. They do not have a letter issued by a shelter, soup kitchen, a student residence, or a long-term care facility because they are not in any of those places.

Those students cannot prove their location. It is physically impossible. The government says there are 39 pieces of ID, but not for a student living not in residence and off-campus in another city. It is impossible for them to prove where they live. What are they to do?

In the days before this bill, these students could have been vouched for by someone who knew them, who did have the ability to prove where they live and who lived in the same riding. Now, that is absolutely being taken away from them. That is wrong.

I want to list three other cases of individuals in my riding who, in the last election, actually voted but who will not be able to vote in the next election because their ability to vouch is being taken away.

One of them was a senior citizen who had been living in the same place for the last 55 years, I think it was. For some reason, the voter information card did not arrive. We know what the reason for that was now: Elections Canada decided to change the postal code to the wrong one; another problem that needs fixing that is not being fixed by this bill.

That individual did not have anything to prove her location of residence. She had nothing, and she was terrified. I knocked at her door and reminded her to go vote. She said, “I cannot vote because I cannot prove where I live. I did not get a voter information card, which I would normally have used. I cannot do it now because I cannot prove where I live. I do not have my name on anything here.”

Her husband was standing next to her, and I told him that he could vouch for her. All he had to do was take her to the polling station, and with his ID he could vouch for her. They were overjoyed. However, that would be gone. The next time they would not be able to do that.

Another senior in my riding, who has lived in Canada for about 40 years, cannot get Ontario picture ID. She has been trying for two years. She cannot get it because she does not have the appropriate ID. She has a Canadian citizenship certificate, but it is not the card type; it is the big certificate type, which they will not accept in Ontario. She has a birth certificate, but it is from the wrong country, which they do not accept in Ontario. She has a passport. However, again, it is from the wrong country, which they do not accept in Ontario. She cannot get Ontario picture ID. She is in a position of not being able to use picture ID. She does not have the right kind of ID to vote in terms of proving where she lives. That is the nub of this problem, being able to prove where one lives.

She is now in the process of spending $130, which she does not have because she is a senior, to buy herself a passport. That passport will give her the ability to go to the Ontario government to prove who she is so she can get an Ontario picture ID card. That will cost her another $60. She is spending $190 to get enough ID to vote next time.

Why is it that Canadians have to spend money to vote? That should not happen, but that is happening in her case. It is going to take months. If this happened during the writ period, she would never be able to do that.

Finally, we have a person on disability payments, whose door I knocked on in the last election. I told her that she just needed to show the cheque stub that comes from the Ontario disability system to prove where she lives. She had nothing else. Persons on disability in Ontario are very impoverished. She could not afford cable or a phone, and she had no hydro bill. She had nothing to prove where she lived. Therefore, I suggested that she use the cheque stub.

A stub from a government cheque is a legitimate way of proving one's address. The trouble is, the Ontario government does not put a name and address on the stub. It is only on the cheque itself, which had already been deposited. She had no way of proving her address. In her case, she managed to find somebody in the building who would vouch for her; otherwise, she would not have been able to vote.

Those are three examples.

There is also the issue that Canadians want us to deal with of potential cheating by political parties during an election. There have been a number of allegations, news stories, and various things about robocalls, which were delivered to people to fraudulently send them to the wrong polling station. There were a number of issues regarding overspending by political candidates. There were issues regarding overspending by political parties, particularly the in-and-out scandal of 2006.

However, none of those issues are being dealt with in this proposed legislation. There would not be a way for Elections Canada to investigate properly, to subpoena evidence, to compel testimony, or force a political party to actually disclose what it has done. In fact, the bill goes one step further. It would permit a political party, in the guise of campaign fundraising, to have no limits on what it spends on communications with constituents, or with all of Canada.

The minister can correct me if I am wrong, but I doubt very much that the Conservative Party would give out a list of who it has sent communications to if asked by Elections Canada. The Conservatives have not been very forthcoming to this point, and I doubt they would do that to prove that individuals they communicated with have donated money in the past five years. That is unlikely and not going to happen. They are going to send stuff out willy-nilly. That is what will happen.

We would have no limit to the amount of communications that the party can send out during an election writ period, even though right now there is a limit on the amount of money that can be spent during an election. That is a very damaging piece of this puzzle.

I appreciate the time to explain why Bill C-23 does not work, and I urge members opposite to rethink their position and defeat the bill. Take a kill-the-bill position, as we like to say it.