44th Parl. 1st Sess.
June 18, 2024 10:00AM
- Jun/18/24 11:38:22 a.m.
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Madam Speaker, I always appreciate hearing from fellow previous school board trustees. There is a lot of value in that experience and bringing that to the House of Commons.
My question is specifically around the component of the bill that speaks to lifting the restrictions on who can assist people living with disabilities, having it removed and having the elector choose who assists them. I believe that to be a big step in the right direction, to look at who can support people in having their ballots counted.
There is also a lot of work that needs to be done once we get this bill to committee, and I am an eternal optimist, to ensure people are able to have autonomy to cast their ballots. I think about people who are visually impaired as one example.
What does the member think about the necessity of us having ballots that make it possible for all Canadians to cast a ballot for who they would like to see elected?
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Madam Speaker, I rise today to speak to Bill C-65, an act to amend the Canada Elections Act. The legislation would make it easier to vote and increase voter participation across the country, which is essential to a healthy, modern democracy.
One aspect of the legislation includes legislating campus vote as a permanent program. This is particularly important because it will increase voter engagement for youth and young adults.
Coincidentally, today, my nephew, Prabh Noor Singh Dhaliwal, a recent graduate of the Wharton School of Business of the University of Pennsylvania, which is one of the top business schools in North America, is visiting Ottawa. I am proud of his accomplishments, including being elected as vice-president of sponsorship and finance for the student body. It is important that our youth are engaged in the political process and are involved in all levels of government. This is the type of legislation that would allow that.
This important bill, which supports voter participation, better protects Canadians' personal information and enhances electoral safeguards and compliance measures. On electoral safeguards, the government has been continuously improving its response to the evolving threat of foreign interference by enhancing measures and adding new measures that strengthen Canada's electoral system.
The government is not alone in ensuring our electoral system is well protected. Parliament has entrusted responsibility to the independent commissioner of Canada Elections for ensuring that the Canada Elections Act is complied with and enforced. The commissioner's work is an essential element to upholding Canadians' trust in the integrity of Canada's electoral system and maintaining a fair and level playing field for all electoral participants. The critical role of the independent commissioner of Canada Elections and how the safeguards in Bill C-65 would be enforced is what I will speak about today.
First, I will outline how the commissioner fulfils her mandate. I will then turn to the specific proposals in Bill C-65.
In order to enforce and promote compliance with the Canada Elections Act, the commissioner is primarily responsible for conducting investigations and applying a suite of compliance measures as appropriate. The commissioner may initiate an investigation in a number of ways, including following a complaint from the public, a referral from Elections Canada or on her own initiative.
If the investigation reveals any contravention of the Canada Elections Act, the commissioner has a wide range of enforcement tools at her disposal that she can deploy depending on the severity of the contravention. These tools include laying criminal charges, which may lead to prison time and/or a fine; issuing a notice of violation accompanied by an administrative monetary penalty to promote compliance; or simply issuing information or caution letters to raise awareness of the rules, and encourage those who make an honest mistake to course correct.
Which enforcement tool the commissioner chooses to use depends on what would best serve the public interest and whether the contravention has been categorized as an offence or a violation under the act. The difference between the two is that offences may result in criminal prosecution, fines and/or prison time, while violations are considered administrative contraventions and are subject to administrative monetary penalties.
Some contraventions of the act could be considered either an offence or a violation, meaning that the commissioner would consider the facts of the case to determine which route would better serve the public interest.
The tools available to the commissioner have proven to be effective in promoting and maintaining compliance with the act, yet, as we are well aware, there is always room for improvement.
Bill C-65 would build on the strong compliance and enforcement foundation by adding to the commissioner's tool box in five new ways.
First, to enhance the commissioner's access to information pertaining to investigation, Bill C-65 would clarify that those who have been ordered by a judge to appear before the commissioner or her staff may also be ordered to produce any relevant documents at any time before, during or after the individual's initial appearance. This clarification would help avoid potential delays in the commissioner's gaining access to relevant information and would lower the risk of documents being lost or destroyed.
Second, the commissioner's authorities to enter into memoranda of understanding or other similar arrangements with national security organizations, such as FINTRAC or the Communications Security Establishment, would be made explicit. This added clarity around the expectations for collaboration between the commissioner and government security agencies would not only facilitate investigations and ensure the commissioner can gain access to information held by other federal departments, but it would also support government-wide efforts to respond to the threat of foreign interference in our elections.
Third, Bill C-65 would give the commissioner the option to pursue administrative contraventions currently treated as offences under the act as violations. An example would be taking a ballot selfie where these types of contraventions are better dealt with by the commissioner as opposed to our judicial system.
Other examples of existing offences that would be treated as violations and subject to administrative monetary penalties under Bill C-65 include preventing apartment building access to Elections Canada or campaign staffers for the purpose of engaging voters and wearing partisan materials at polling stations.
This expansion of the administrative monetary penalty regime will support the commissioner's ability to maintain compliance with the Elections Canada Act without lengthy unnecessary criminal investigations.
In addition to existing contraventions that will be newly classified as violations, non-compliance with a political party's privacy policy would also now constitute a violation. This means that the commissioner will be able to issue a notice of violation and administrative monetary penalty or pursue informal measures to encourage compliance, such as issuing caution or information letters, as appropriate.
Fourth, the electoral participation act would also provide the commissioner with the ability to issue administrative monetary penalties to those who support those who contravene the act in addition to the perpetrators themselves. While the measures I have highlighted will support the commissioner in holding those who broke the law accountable, those who conspire or attempt to break the law should also face consequences.
This brings me to the fifth and last measure, which would permit the commissioner to use her powers in instances where conspiracies or attempts to contravene the Elections Act have taken place. This means that those who try to break the law or encourage others to do so can be held accountable. Similar laws on conspiracies and attempts can be found in the Criminal Code and have already proven effective.
This bill is very important to most of my constituents, who need more time to vote in the pre-elections and different means, so that maximum participation can be had.
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Mr. Speaker, I am honoured to stand today to speak to Bill C-65.
First and foremost, because I do not want to forget, I want to thank and give a really big shout-out to my former colleague, past MP Daniel Blaikie, who did a tremendous amount of work on this file and deserves an acknowledgement for all the work he has done to date. I am going to try to carry the baton for the work he has handed to me. They are big shoes to fill, literally, but I will continue doing this important work.
The bill we are talking about today is an important one. We know it is vitally important for Canadians to have access to voting in a way that is barrier-free to increase the participation of Canadians across the country, so they feel their vote counts. This is a time right now when it is vital for Canadians to know that our democracy is strong and that the process for everybody to vote is accessible.
We are in a climate crisis. We are feeling the impacts of that right now with the heat wave here in Ottawa. We are seeing smoke-filled skies in British Columbia from forest fires. There is flooding. There are endless examples of the ways in which we are being impacted by the climate crisis. We know that people across Canada are struggling to make ends meet, to put food on the table and to keep a roof over their head. Right now, Canadians deserve to know that our elections are fair and accessible, as well as that our democracy is strong. Therefore, it is vitally important that we are doing the work today to set Canadians up for success for elections to come.
The bill would do a lot. One of the things, and I will get into some of them, is around the two additional days of advance voting. This is really important because we know Canadians are busy and we need to make sure they have access to be able to show up at the polls and cast their vote for the candidate they feel is the best fit. Expanding these days out allows Canadians more options for being able to do so. With the passing of the legislation, there would be a phased implementation for people to vote anywhere.
I am sure that members have heard from their constituents, as I have in my riding of Nanaimo—Ladysmith, that there are barriers when people go to vote in federal elections. They show up at the poll, excited to cast their ballot, but are told that the polling station they need to go to is on the other side of town. Let us imagine a single mom who has worked all day, packing up her kids to get to the polling station and show her kids she is participating in our electoral system, but then being told that she has to go to the other end of town. This is a huge barrier. I hear this not only from constituents in my riding but also from Canadians across the country. They need to know that they can go to a polling station within their riding, similar to other levels of elections, and their vote will be counted.
There are also improvements to the mail-in ballot process. We know that, in previous elections, there were barriers, particularly when people registered for mail-in ballots. If they received a ballot and forgot to mail it back, then showed up at the polling station, they would not be able to cast their vote. These are busy times and, of course, this happens. This is a huge problem and an issue that is being looked at in the legislation to ensure that people who register for a mail-in ballot can still vote at the polling station and have their vote count.
There are a lot of good pieces. Another piece is around students voting. In 2015 and 2019, we had the vote on campus program, where we saw big turnouts of students showing up at the polls to cast their ballots. Unfortunately, that is no longer in place. The legislation would make the vote on campus program permanent in all general elections. It is vitally important for students to know that, while they are on campus, they can easily and accessibly cast their ballots.
This would offer an additional option for community members in the surrounding area to have another poll where they could go and cast their ballots. This is really important at a time when we need young people to participate in our elections. It is ultimately their futures that we are making decisions about today, and this is an important part of the bill.
Another piece in the bill is around long-term care polling stations. We know that many people across the country are aging in long-term care homes. They would not need to leave their residence and could instead cast their ballot right at home, at their care home. This is a huge step in making sure that the people who have contributed to our communities across the country for years and years can continue to have their votes counted.
I would like to point out something that is not in the legislation but that I would love for us to dig into further at committee stage. This is ensuring that we see an increase of polling stations, as well as having mandatory polling stations, on reserves and in Métis settlements. Because of the impacts of colonization throughout history, there are many reasons we are not seeing the participation of indigenous people across the country at the level that it should be. This would be a step in the right direction. It would make sure that indigenous people are able to vote accessibly right at home among community members.
I found it interesting to learn, just today actually, of article 5 of UNDRIP, which I want to reiterate as a very important piece to this discussion that I hope to have at committee. Article 5 of UNDRIP says, “Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.” I read that out because it is in UNDRIP, which is vitally important work that we all need to be paying attention to and prioritizing, as well as because of the fact that this could help to ensure that indigenous people understand their rights when they show up at the polls to vote for the candidate they see as the best fit at the federal level. This is work that needs to happen, and it needs to be prioritized.
Another piece of the legislation, which is something I spoke to earlier in a question, would be ensuring that people who may be living with disabilities, as one example, are able to cast their ballots. Currently, there are restrictions on who can assist in casting ballots. However, the legislation is working to address that and broaden the scope of who can support electors, specifically allowing the elector to choose who can assist them. For example, somebody could have a support worker cast the ballot on their behalf, which is very important work in the right direction toward making sure that everybody's votes can count.
In addition to that, once the bill gets to committee, we need to look at ways in which people with disabilities can maintain their autonomy and be able to cast their ballot independently, without the support of other individuals. Yes, again, I am an eternal optimist and hope that we can come together to see the bill at committee. It is great to set up those systems of support. Where we can, let us set up a system where all Canadians can show up at the polls and know that they can confidently and successfully cast their own ballot. I think about the tremendous amount of people who are reaching out with visual impairments as just one example. People with visual impairments could cast their own ballot if the systems were set up for them to do that on their own, so it is important that we look at this.
Another piece I want to cover is around the inclusion of Inuktut on federal ballots, which is vitally important. I had the honour of visiting my colleague, the member for Nunavut. In Nunavut we visited Pangnirtung and Iqaluit, and it is quite evident that there are a tremendous number of individuals living in Nunavut who speak Inuktut as their primary and first language, so making sure that the ballots have the language spoken by the residents in the area is vitally important to decrease barriers to participation and to ensure that people understand confidently whom it is they want to vote for.
My colleague, the MP for Nunavut, has been doing an incredible amount of work on this. The member has put forward, for example, Bill C-297, which I wanted to highlight. The goal of this bill is that in an electoral district on indigenous land, the Chief Electoral Officer may require all the ballots for the electoral district to be prepared and printed in both official languages, as well as in the indigenous language or languages of the electors, using the appropriate writing systems for each language, including syllabics, if applicable. It is really important that we listen to indigenous people across the country and make sure that ballots are accessible for them to be able to vote as well. This is an example of important legislation that the government can be leaning on to move us in the right direction. I hope this is legislation that we will be reviewing very closely at committee stage.
The MP for Nunavut did actually participate in the process of a report from the Standing Committee on Procedural and House of Affairs that is entitled “The Inclusion of Indigenous Languages on Federal Election Ballots: A Step Towards Reconciliation”. There were a couple of pieces in it that I wanted to highlight. The MP for Nunavut pointed out that “most elders in Nunavut cannot read English or French.” This expands on what I was just talking about. She spoke to the fact that in order “to make reconciliation meaningful, Indigenous languages needed to be protected and promoted.”
She went on to point out that “unilingual Inuktitut speakers find the complaints process inaccessible”, so that makes it challenging for them to be able to voice the barriers that they are experiencing in being able to cast their ballots as a result of previous oppressive systems that they have experienced. Also, the MP for Nunavut told the committee that she heard of people who have been “turned away from voting in Nunavut because of language barriers.” This is clearly not good enough, and it is something we need to be looking at closely in committee to make sure that we are moving in the right direction.
The proposed bill does have some pieces we need to be sure to look at in committee stage. One piece is around the third-party activities. I would like to reiterate that it is vitally important that unions are able to communicate with their members. We know that “at the core of a union's mandate and function is the ability to communicate freely and effectively with...members.” Workers across the country who are unionized are impacted dramatically by the decisions being made right here in the House. We know that these decisions are life-altering. It is important that people across the country are aware of these, and it is vitally important that union representatives are able to communicate these matters with their membership. With that, there is some work that needs to happen and that needs to be prioritized at committee stage to ensure that the bill is not taking away those rights of unions across the country.
I would be remiss if I did not speak about the issue that seems to be coming up over and over again in the House. There was a date proposed to push forward the date of the election by one week in the legislation. Unfortunately, this is highly problematic. I cannot speak to any other members' intentions. Whether intended or unintended, the consequence of this proposal would be that members of Parliament would receive a pension that they would not have otherwise been eligible for. As I said at the beginning of my speech, there are so many people across the country struggling to make ends meet, and now is not the time for members of Parliament to think about their own financial gains or their own pensions. Now is the time for members of Parliament to create legislation that would truly help Canadians across the country.
Therefore, I want to reiterate that first priority. Once we get this bill to committee, I would be moving an amendment to ensure that this date would be moved back to the original date so this would no longer be a concern of members of Parliament and of Canadians across the country. It is vitally important that we do what this legislation intends to do, which is to strengthen our democracy and to make sure that we reduce barriers so that people would be able to fully participate in our electoral system. There is important content within this legislation that we need to be moving forward with.
Much to my surprise, but yet also not much to my surprise, in response to this portion of the legislation, the Conservatives came out with an amendment to cut and gut the entire legislation, which would see this legislation no longer move forward at all. With that, it would take all of the items that I have been talking about during my intervention today. It would take away the proposed increase in accessibility for people living with disabilities. It would take away having polls in long-term care homes or having polls on student campuses, and looking at increasing the advance polling days so that we are not so reliant on just one day. There are many important aspects in this bill.
To see the Conservatives respond by saying that we just need to cut the whole thing is not surprising because, currently, we have a system that benefits the Conservatives. We know that the existing system, where we have barriers to participation that benefit the Conservatives' corporate friends, is exactly what the Conservatives want to see maintained. Therefore, instead of putting forward an amendment to cut and gut the legislation, my NDP colleagues and I are proposing a solution to the problem, which is to amend the existing legislation to move the election date back to the original date and to see that particular issue no longer in place in the bill so that we can move forward with strengthening our democracy and with making sure that Canadians can fully participate in the electoral processes.
There is a lot of work that needs to be done to strengthen our democracy. This is an important step in the right direction, which I am fully in support of. The NDP has done a tremendous amount of work to make this legislation happen and to see all of this work put into place. There is more that needs to be done. I hope that my colleagues in this chamber will continue the important work of looking at electoral reform and looking at implementing a system of proportional representation.
The Liberal Party campaigned on the 2015 election being the last first-past-the-post election. Now would be a really wonderful time to see the Liberals follow through with that promise so that Canadians could see their votes adequately and effectively represented right here in the House of Commons. With that, I will say that this is an important bill. There is some work that needs to be done, but it is vitally important that all members unite to see Canadians show up at polling stations, feeling confident in our democracy and in their votes.
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Mr. Speaker, despite the growth in popularity of advance polls and special ballots, voting on polling day still remains the most popular option for how Canadians vote. That is why our government also wants to pave the way to make it easier and more convenient for those who vote on election day to eventually be able to vote at any polling station in their electoral district. This would shorten lineups for voting, provide more options for voting, make voting more convenient and allow election officers to make better use of their time. However, this significant change can only be done after the appropriate technology and procedures have been tested, to ensure the integrity of the voting process.
This is why Bill C-65 asks the Chief Electoral Officer to prepare two reports for Parliament on implementing voting at any polling station through a phased approach.
The first report, which must be tabled 120 days before the next fixed-date election, would outline the measures that would be put in place for the 2025 election, so that voters can vote at any table within their riding's polling station in 2025. This is a critical first step for voters, to be able to walk into their polling station and go to whoever is available to cast their ballot, rather than waiting in line based on alphabetical order of their last names. This is possible because Elections Canada has been testing the use of an electronic list of electors to ensure the success of this technology, including in the Durham by-election earlier this year.
The second report, to be tabled in 2027, would look at what is needed for voters to be able to vote at any polling station anywhere in their riding by 2029. This report would outline expected costs, new technology and any legislative amendments needed for full implementation. These are critical milestones toward giving electors the flexibility to be able to vote in person anywhere in their riding.
I also want to take a moment to highlight the targeted new initiatives that would make voting easier for post-secondary students, residents of long-term care facilities and electors who may require assistance in marking their own ballot, such as electors with disabilities.
For students, Bill C-65 would enshrine the vote on campus program that Elections Canada has offered in past general elections. Working with willing post-secondary institutions, as it did in 2015 and 2019, Elections Canada would set up offices on campus so that Canadian students studying anywhere in Canada would be able to easily vote for any candidate in the student's home riding during a general election. In 2015, close to 70,000 electors cast their votes through this initiative at 39 post-secondary campuses. In 2019, more than 110,000 electors voted at approximately 100 post-secondary campuses. Currently, an estimated 120 campuses across the country are set to host the program at the next general election.
With respect to residents in long-term care, the pandemic highlighted for all of us in this chamber the challenges faced by those residents when trying to vote. During the 2021 election, the Chief Electoral Officer rose to this challenge and established a process for those residing in long-term care facilities to vote safely. Bill C-65 would facilitate voting for the residents in long-term care homes across Canada, building on the success of the Chief Electoral Officer's temporary changes made in 2021.
First, returning officers would work with the staff of these facilities to identify the most convenient dates and times for residents to vote. Voting would continue to be 12 hours in total but could be spread over more than one day to take into account the specific needs of residents.
Second, proof of address would no longer be required for those residents choosing to vote in their long-term care facilities. Many residents have difficulty proving their residence because identity documents are often in the possession of family members, or they no longer have a driver’s licence, which is the most common proof of residence. This change removes an unnecessary obstacle to voting for those in long-term care.
In addition, the Canada Elections Act already permits electors to request and receive assistance at the polls, including to mark their ballot, from Elections Canada officials, friends or family. However, this assistance is currently limited to a friend, spouse or family member. Bill C-65 proposes to remove these restrictions and give electors the freedom to choose their assistant, including caregivers or personal support workers. To maintain both the integrity and the secrecy of the vote, a solemn declaration would continue to be required from the assistant. Election workers would also continue to be available to assist electors if needed.
The final measure to support participation in our electoral process that I will speak to is the proposal that the Chief Electoral Officer prepare a report for Parliament on a three-day election period for any general elections held in 2029 and beyond. This report would allow for a detailed consideration of the feasibility and the path forward, given the considerable operational shift and electoral integrity implications that a three-day election period would bring. It would also identify challenges and potential solutions for implementation.
The second key priority of Bill C-65 is further protecting the personal information of Canadians. In this day and age, personal information is a coveted commodity that must be protected, including in the electoral process and by federal political parties.
In order to do so, the government took a first step in 2018 through Bill C-76, the Elections Modernization Act, introducing the first-ever policy requirements as a condition of party registration. Another step was taken last year through Bill C-47, the Budget Implementation Act, 2023, to affirm that the Canada Elections Act is the exclusive and national regime applicable to federal political parties and those acting on their behalf.
Bill C-65 proposes to expand on these measures to better protect personal information. In order to be a duly registered political party with Elections Canada, each political party must already provide a policy on the protection of personal information. This condition of registration would be maintained, but Bill C-65 adds the following new privacy policy requirements.
Political parties must have the appropriate physical, organizational and technological safeguards, such as locked filing cabinets, in place and must restrict access to those who need it. It would ensure that suppliers or contractors who receive personal information from political parties have the equivalent safeguards in place. Parties must notify affected individuals in the event of a serious breach. It would also prohibit political parties from selling personal information, providing false or misleading information regarding why personal information is collected, and disclosing personal information to cause harm.
The privacy regime under the Canada Elections Act recognizes that outreach, communication and engagement between federal political parties and voters are essential to a healthy, modern democracy. Personal information is at the root of the dialogue between political parties and the Canadian electorate. It is therefore essential that this information be protected accordingly, which is exactly what Bill C-65 proposes to do.
Finally, I am proud to highlight the measures proposed in Bill C-65 to safeguard the electoral process.
This year is an important year for elections around the world. While Canada's next federal election is not scheduled until 2025, over 60 countries, encompassing almost 50% of the world's population, will have elections in 2024. I would like to highlight the elections that were just concluded this month in the largest democracy in the world, India, where about one billion people were eligible to vote, approximately 900-odd million, with about 60% turnout. I think the elections were held over a period of seven to eight weeks. Interestingly, I am told that it is proposed, going forward, that in the next general elections in India, the federal elections will be held simultaneously with about 32 states, 32 provinces, in India.
As I mentioned earlier, we are fortunate in Canada to have one of the most secure and reliable electoral systems in the world. Canada's electoral system is grounded in accessibility, fairness and integrity through the Canada Elections Act. Canadians have confidence in their electoral system. In a survey by Elections Canada following the 44th general election, 82% of participants felt that Canada's voting system was safe and reliable. Yet, Canada's democracy, like other democracies globally, is being tested. Rising security threats that undermine the credibility of democratic elections include foreign interference, disinformation, the misuse of evolving technologies and the threat against its participants.
To address these concerns, Bill C-65 introduces a series of amendments to the Canada Elections Act to further protect the integrity of the electoral system from these threats.
The Canada Elections Act already has strong and wide-ranging measures to help counter these threats to the electoral system. However, as the threats evolve, so too must our response. Currently, certain provisions of the Canada Elections Act apply only during elections. Since people and entities with ill intentions do not limit their activities to a specific time frame, Bill C-65 would expand certain provisions beyond the election period. This includes expanding existing bans so that they are not limited to the election period, specifically those against foreign influence on an elector to not vote or to vote in a certain way, and misleading publications that falsely purport to be from someone they are not, such as the Chief Electoral Officer or a political party.
Like all my hon. colleagues in this House, I have great faith in, and a deep appreciation for, Canada and its democratic institutions. Bill C-65 would further strengthen Canada's world-renowned electoral system, which is at the heart of our democratic system.
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