Don’t undermine Elections Canada
National Post
Tuesday, Mar. 11, 2014
A group of professors explains why the government’s proposed changes to our election laws are a threat to Canada’s democratic traditions
We, the undersigned — professors at Canadian universities who study the principles and institutions of constitutional democracy — believe that the Fair Elections Act (Bill C-23), if passed, would damage the institution at the heart of our country’s democracy: voting in federal elections.
We urge the Government to heed calls for wider consultation in vetting this Bill. While we agree that our electoral system needs some reforms, this Bill contains proposals that would seriously damage the fairness and transparency of federal elections and diminish Canadians’ political participation.
Beyond our specific concerns about the Bill’s provisions (see below), we are alarmed at the lack of due process in drafting the Bill and in rushing it through Parliament. We see no justification for introducing legislation of such pivotal importance to our democracy without significant consultation with Elections Canada, opposition parties, and the public at large.
Voter identification
The Bill proposes to dispense with the use of Voter Information Cards (VICs) as a piece of identification that voters can use (in tandem with another piece of officially recognized ID) to prove their identity and address. The use of voter cards is especially important for Canadians who lack ID that proves their current address, such as students, senior citizens in long-term care facilities, First Nations citizens, and those who have recently moved. Although not perfect, VICs are more likely to provide an accurate address than most other forms of ID, including drivers’ licenses. We believe that the elimination of VICs as a valid form of ID in federal elections would reduce the likelihood of voting by some citizens.
Currently, Elections Canada protects the right to vote of citizens who lack standard forms of identification by allowing them to take an oath affirming their identity, citizenship, and residence in the polling division, and having a qualified voter from the same polling division vouch for their eligibility. In 2011, approximately 120,000 citizens relied on the vouching provision in order to vote. By eliminating vouching, the Fair Elections Act would disenfranchise many of these citizens.
The Government argues that vouching presents an opportunity for voter fraud, citing the Neufeld Report on Compliance Review (which was conducted in response to events that occurred in the Etobicoke Centre riding during the 2011 general election) to the effect that a significant proportion of vouching cases were plagued by “irregularities.” In fact, Elections Canada’s Neufeld Report did not cite a single case of fraudulent or ineligible voting arising from the vouching system. To the contrary, the Report recommended keeping the vouching system in place as a protection for citizens’ right to vote, while working to reduce the need for vouching through enhanced use of the very VICs that Bill C-23 would disqualify.
Ensuring fair elections
We are concerned that Bill C-23 would diminish the ability of Elections Canada to protect the fairness of the electoral process. The Bill proposes to remove the enforcement arm of the agency, headed by the Commissioner of Elections, from Elections Canada and move it to the office of the Director of Public Prosecutions. Crucially, the activities of the Commissioner would no longer be reported to Parliament.
Bizarrely, the Bill forbids Elections Canada from promoting democratic participation. It would even be prevented from publishing reports on the electoral process
The Bill also fails to provide the Commissioner with the powers necessary to properly investigate electoral infractions. For example, the Commissioner will not have the power to compel witness testimony, a major stumbling block during the robocalls investigation. Nor will the Commissioner have the power to require political parties to provide receipts and other documentation about their spending, which makes it impossible to ensure compliance with spending limits. Section 18 would prohibit Elections Canada from communicating with citizens about matters such as the robocalls crisis, thereby reducing democratic transparency and accountability.
Bizarrely, the Bill forbids Elections Canada from promoting democratic participation and voting through “get out the vote” campaigns. Elections Canada would even be prevented from publishing its research reports on the electoral process. This gag on Elections Canada would make Canada an outlier among liberal democracies, instead of the global leader it now is.
Campaign finance
Bill C-23 would make several changes to campaign finance and expense reporting after elections. Taken separately, these changes may seem minor, but together they increase the influence of money in Canadian politics.
The Bill would increase the amount that citizens can donate to a given campaign from $1,200 per calendar year to $1,500 per calendar year; more troubling is the proposed increase in the amount of money an individual can contribute to his or her own campaign from $1,200 to $5,000, creating a bias in favour of those with more personal wealth.
Worse, the Bill distinguishes fundraising from campaigning, and then exempts fundraising costs from campaign spending limits as long as fundraising is targeted at previous donors of more than $20. This introduces two biases into the campaign finance rules. First, it disadvantages parties whose donors can contribute only small amounts. Second, it favours parties that have built their donor lists over those that have not. Parties with longer lists of donors over the threshold could communicate, free of cost to their campaigns, with a larger number of electors than other parties.
Allowing money to influence electoral outcomes stands at stark odds with principles of political equality and democratic fairness. In contrast to our neighbour to the south, Canada has consistently recognized that allowing money into the political arena prevents those without financial backing from being heard and discourages participation when citizens perceive that the playing field of politics tilts toward wealth. This feature of Canadian democracy deserves strong protection, not erosion of the sort introduced by Bill C-23.
Partisans at polling stations
Section 44 of Bill C-23 requires Elections Canada to appoint central poll supervisors from lists of names provided by the candidate or party that came first in the last election, favouring incumbents and their parties. Currently, poll supervisors are appointed by Elections Canada. Their role is to oversee the election in each polling station. Electoral irregularities often are the result of partisan calculations by people working in polling stations. That is why the Neufeld Report suggests that “appointing election officers on any basis other than merit is inconsistent with the principle of administrative neutrality, and contrary to predominant Canadian values [and] established international electoral practices.”
Government officials have responded by pointing out that the Elections Act already allows for candidates and parties to appoint other polling station officers, but this does not provide a reason for expanding, rather than eliminating, a practice that undermines voter confidence in the electoral process.
Elections Canada reports to Parliament, not the government of the day. This is important because the rules governing elections have special significance in a democracy. The legitimacy of the entire political system depends on the fair and impartial administration of electoral procedures. It is vital that the rules of democracy be debated in an open and transparent way, shielded from partisan calculations.
Canadian citizens’ trust in the democratic process relies heavily on Elections Canada as the institution that ensures the fair and impartial administration and enforcement of our electoral laws. Full consideration of its advice and experience is vital to the legitimacy of any major changes to those laws. Especially in view of the sensitive political climate in which allegations of electoral fraud remain unresolved, both prudence and fair play demand that the Bill’s proposed changes to the laws of our democracy receive full parliamentary and public debate.
Signed by:
Monique Deveaux, Professor of Philosophy, University of Guelph
Melissa Williams, Professor of Political Science, University of Toronto
Maxwell Cameron, Professor of Political Science, University of British Columbia
Yasmin Dawood, Assistant Professor of Law, University of Toronto
Patti Tamara Lenard, Assistant Professor, Graduate School of Public and International Affairs, University of Ottawa
Genevieve Fuji Johnson, Associate Professor of Political Science, Simon Fraser University
Arash Abizadeh, Associate Professor of Political Science, McGill University
Yasmeen Abu-Laban, Professor of Political Science, University of Alberta
Cameron Anderson, Associate Professor of Political Science, University of Western Ontario
Christopher G. Anderson, Assistant Professor of Political Science, Wilfrid Laurier University
Lesley Andres, Professor of Education, University of British Columbia
Caroline Andrew, Professor, Centre on Governance, University of Ottawa, and Past President, Canadian Political Science Association
Barbara Arneil, Professor of Political Science, University of British Columbia
Yildiz Atasoy, Professor of Sociology, Simon Fraser University
Chloë G. K. Atkins, Associate Professor of Communication and Culture, University of Calgary
Michael Atkinson, Professor, Johnson-Shoyama Graduate School of Public Policy, University of Saskatchewan, and Past President, Canadian Political Science Association
Gerald Baier, Associate Professor of Political Science, University of British Columbia
Ryan Balot, Professor of Political Science and Classics, University of Toronto
Keith Banting, Professor of Political Studies, Queen’s University, and Past President, Canadian Political Science Association
Sylvia Bashevkin, Professor of Political Science, University of Toronto, and Past President, Canadian Political Science Association
Ronald Beiner, Professor of Political Science, University of Toronto
Davina Bhandar, Associate Professor of Canadian Studies, Trent University
Laurence Bheher, Associate Professor of Political Science, Université de Montréal
Antoine Bilodeau, Associate Professor of Political Science, Concordia University
André Blais, Professor of Political Science, Université de Montréal, and Past President, Canadian Political Science Association
Charles Blattberg, Professor of Political Science, Université de Montréal
Pierre Bosset, Professor of Public Law, Université du Québec à Montréal
Sophie Bourgault, Assistant Professor of Political Studies, University of Ottawa
Leah Bradshaw, Professor of Political Science, Brock University
Penny Bryden, Professor of History, University of Victoria
Gillian Calder, Associate Professor of Law, University of Victoria
David Cameron, Professor of Political Science, University of Toronto
Joseph Carens, Professor of Political Science, University of Toronto
Don Carmichael, Associate Professor of Political Science, University of Alberta
Paul R. Carr, Associate Professor of Sociology and Interdisciplinary Studies, Lakehead University
R. Kenneth Carty, Professor Emeritus of Political Science, and Past President, Canadian Political Science Association
Julián Castro-Rea, Associate Professor of Political Science, University of Alberta
Simone Chambers, Professor of Political Science, University of Toronto
Mary Chapman, Associate Professor of English, University of British Columbia
Ryoa Chung, Associate Professor of Philosophy, Université de Montréal
Colin Coates, Professor of Canadian Studies, York University
Marjorie Griffin Cohen, Professor of Political Science, Simon Fraser University
John Courtney, Professor of Political Science, University of Saskatchewan, and Past President, Canadian Political Science Association
Hugo Cyr, Professor of Political Science and Law, Université du Québec à Montréal
Rita Dhamoon, Assistant Professor of Political Science, University of Victoria
Alexandra Dobrowolsky, Professor of Political Science, Saint Mary’s University
Stefan Dolgert, Assistant Professor of Political Science, Brock University
Mathieu Doucet, Assistant Professor of Philosophy, University of Waterloo
Janique Dubois, Assistant Professor of Political Science, Brock University
Pascale Dufour, Professor of Political Science, Université de Montréal
Avigail Eisenberg, Professor of Political Science, University of Victoria
Lynda Erickson, Professor Emerita of Political Science, Simon Fraser University
Patrick Fafard, Associate Professor, Graduate School of Public and International Affairs, University of Ottawa
Katherine Fierlbeck, Professor of Political Science, Dalhousie University
Craig Forcese, Associate Professor of Law, University of Ottawa
Cristie Ford, Associate Professor of Law, University of British Columbia
Andrea Geiger, Associate Professor of History, Simon Fraser University
Elisabeth Gidengil, Professor of Political Science, McGill University, and Past President, Canadian Political Science Association
Pablo Gilabert, Associate Professor of Philosophy, Concordia University
Elizabeth Goodyear-Grant, Associate Professor Political Studies, Queen’s University
Joyce Green, Professor of Political Science, University of Regina
Rodney Haddow, Associate Professor of Political Science, University of Toronto
Blayne Haggart, Assistant Professor of Political Science, Brock University
Marc Hanvelt, Adjunct Research Professor of Political Science, Carleton University
Lois Harder, Professor of Political Science, University of Alberta
Kathryn Harrison, Professor of Political Science, University of British Columbia
Matthew Hayday, Associate Professor of History, University of Guelph
Andrew Heard, Associate Professor of Political Science, Simon Fraser University
Joseph Heath, Professor of Philosophy and School of Public Policy and Governance, University of Toronto
Matthew James, Associate Professor of Political Science, University of Victoria
Laura Janara, Associate Professor of Political Science, University of British Columbia
Nancy Janovicek, Associate Professor of History, University of Calgary
Leslie Jeffrey, Professor of History and Politics, University of New Brunswick, Saint John
Candace Johnson, Associate Professor of Political Science, Guelph University
Rebecca Johnson, Professor of Law, University of Victoria
Richard Johnston, Professor of Political Science, and Past President, Canadian Political Science Association
Luc Juillet, Associate Professor, Graduate School of Public and International Affairs, University of Ottawa
Darlene Juschka, Associate Professor of Religious Studies and Women’s Studies, University of Regina
David Kahane, Professor of Political Science, University of Alberta
Willeen Keough, Associate Professor of History, Simon Fraser University
Loren King, Associate Professor of Political Science, Wilfrid Laurier University
Rebecca Kingston, Associate Professor of Political Science, University of Toronto
David Laycock, Professor of Political Science, Simon Fraser University
Patrick Leblond, Associate Professor, Graduate School of Public and International Affairs, University of Ottawa
Jean Leclair, Professor of Law, Université de Montréal
Lawrence Leduc, Professor Emeritus of Political Science, University of Toronto
Theresa Lee, Associate Professor of Political Science, University of Guelph
Rémi Léger, Assistant Professor of Political Science, Simon Fraser University
Hester Lessard, Professor of Law, University of Victoria
Dominique Leydet, Professor of Philosophy, Université du Québec à Montréal
James Lightbody, Professor of Political Science, University of Alberta
Mary Liston, Assistant Professor of Law, University of British Columbia
Catherine Lu, Associate Professor of Political Science, McGill University
Audrey Macklin, Professor and Chair in Human Rights Law, Faculty of Law, University of Toronto
Colin Macleod, Associate Professor of Philosophy and Law, University of Victoria
Jocelyn Maclure, Professor of Philosophy, Université Laval
Patricia Marino, Associate Professor of Philosophy, University of Waterloo
John McGarry, Professor of Political Science, Queen’s University
Michael McGregor, Assistant Professor of Politics and International Studies, Bishop’s University
Loralea Michaelis, Associate Professor of Politics and International Relations, Mount Allison University
Éric Montpetit, Professor of Political Science, Université de Montréal
Margaret Moore, Professor of Political Studies, Queen’s University
Suzanne Morton, Professor of History and Classical Studies, McGill University
Catherine Murray, Professor of Communication, Simon Fraser University
Christian Nadeau, Associate Professor of Philosophy, Université de Montréal
James Naylor, Associate Professor of History, Brandon University
Jennifer Nedelsky, Professor of Law and Political Science, University of Toronto
Carmen J. Nielson, Associate Professor of History, Mount Royal University
Geneviève Nootens, Professor of Social Sciences, Université du Québec à Chicoutimi
Nancy Olewiler, Professor of Public Policy, Simon Fraser University
Brenda O’Neill, Associate Professor of Political Science, University of Calgary
Michael Orsini, Associate Professor of Political Studies, University of Ottawa
Martin Papillon, Associate Professor of Political Studies, University of Ottawa
Steve Patten, Associate Professor of Political Science, University of Alberta
Omid Payrow Shabani, Professor of Philosophy, University of Guelph
Dennis Pilon, Associate Professor of Political Science, York University
Florence Piron, Professor of Information and Communication, Université Laval
Pablo Policzer, Associate Professor of Political Science, University of Calgary
Philip Resnick, Professor Emeritus of Political Science, University of British Columbia
Kent Roach, Professor of Law, University of Toronto
Douglas A. Ross, Professor of Political Science, Simon Fraser University
Jason Roy, Assistant Professor of Political Science, Wilfrid Laurier University
Claudia Ruitenberg, Associate Professor of Educational Studies, University of British Columbia
Peter Russell, Professor Emeritus of Political Science, University of Toronto, and Past President, Canadian Political Science Association
Paul Saurette, Associate Professor of Political Studies, University of Ottawa
Carol Schick, Associate Professor of Education, University of Regina
David Schneiderman, Professor of Law, University of Toronto
Christa Scholtz, Associate Professor of Political Science, McGill University
Richard Schultz, Professor of Political Science, McGill University
Leslie Seidle, research director, Institute for Research on Public Policy
Ozlem Sensoy, Associate Professor of Education, Simon Fraser University
Grace Skogstad, Professor of Political Science, and Past President, Canadian Political Science Association
Harry Smalier, Associate Professor Emeritus, Faculty of Education, York University
David E. Smith, Distinguished Visiting Professor, Department of Politics and Public Administration, Ryerson University, and Past President, Canadian Political Science Association
Jennifer Smith, Professor Emerita of Political Science, Dalhousie University
Miriam Smith, Professor of Law and Society, York University, and Past President, Canadian Political Science Association
Patrick Smith, Professor of Political Science, Simon Fraser University
Robert Sparling, Assistant Professor of Political Science, Université de Montréal
Mark Spooner, Associate Professor, Faculty of Education, University of Regina
Maxime St-Hilaire, Assistant Professor of Law, Université de Sherbrooke
Christine Straehle, Associate Professor, Graduate School of Public and International Affairs, University of Ottawa
Veronica Strong-Boag, Professor Emerita, Institute for Gender, Race, Sexuality and Social Justice/Educational Studies, University of British Columbia, and Past President, Canadian Historical
Association
Lisa Taylor, Professor of Education, Bishop’s University
Melanee Thomas, Assistant Professor of Political Science, University of Calgary
Reeta Tremblay, Professor of Political Science, University of Victoria, and Past President, Canadian Political Science Association
James Tully, Distinguished Professor of Political Science, Law, Indigenous Governance and Philosophy, University of Victoria
Luc Turgeon, Assistant Professor of Political Studies, University of Ottawa
Patrick Turmel, Associate Professor of Philosophy, Université Laval
Ian Urquhart, Associate Professor of Political Science, University of Alberta
Robert Vipond, Professor of Political Science, University of Toronto
Jennifer Wallner, Assistant Professor of Political Studies, University of Ottawa
Jeremy Webber, Dean of Law, University of Victoria
Mark Warren, Professor of Political Science, University of British Columbia
Lorraine E. Weinrib, Professor of Law, University of Toronto
Daniel Weinstock, Professor of Law, McGill University
Steven Weldon, Associate Professor of Political Science, Simon Fraser University
Graham White, Professor of Political Science, University of Toronto at Mississauga, and Past President, Canadian Political Science Association
Lisa Young, Professor of Political Science, University of Calgary
Margot Young, Professor of Law, University of British Columbia
Robert Young, Professor of Political Science, University of Western Ontario, and Past President, Canadian Political Science Association
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