05) SERIOUS SHORTCOMINGS REMAIN IN BILL C-23

Statement by the Central Executive Committee, Communist Party of Canada

            The Conservative federal government has finally announced significant changes to Bill C‑23, its undemocratic "Fair Elections Act." While the legislation is still being debated in Parliament, and serious shortcomings still need to be addressed, these amendments represent an important partial victory for advocates of electoral democracy in Canada.

            Serious concerns regarding Bill C‑23 were raised by the Communist Party of Canada and other registered political parties currently without representation in the House of Commons, which met on April 10‑11 in Ottawa. As the joint statement issued by that meeting stressed, the legislation had been condemned almost universally by Canadian and international elections officials and experts, and supported only by Conservative politicians who stood to benefit from its worst provisions. We warned that Bill C‑23 would help criminals get away with election fraud, create confusion and delays on Election Day, and deprive hundreds of thousands of Canadians of their right to vote.

            The government's proposed amendments include: allowing the Chief Electoral Officer and the Commissioner to speak more freely with the public and with one another; elimination of the "fundraising loophole" which would enable the political parties (especially the Conservatives) to evade spending caps; retaining a form of the "vouching" procedure; removing the proposal that the winning political parties nominate central poll supervisors; and extending the retention of voter contact data from one year to three years.

            Voters whose personal identification lacks a street address would be able to sign a written oath of residence, which must be co‑signed by another voter with full ID (both name and address). This change could reduce the disenfranchisement of eligible voters, but the government must consult closely with advocates for First Nations, seniors, students, and homeless citizens to include guarantees to safeguard the right to vote for these citizens. The proposed ban on using Voter Information Cards must be lifted, since this form of ID is important to protect the constitutional right to cast a ballot for all citizens.

            A significant omission from the proposed amendments is the failure to provide the Commissioner with the power to compel witness testimony. This will seriously impede investigations from finding all the facts in criminal abuses of the electoral system.

            And while the Chief Electoral Officer would be permitted to speak with the public and to continue to work with school educational programs, the proposed amendments do not allow Elections Canada to engage in advertising campaigns to reach out to all citizens affirming their right to vote, and encouraging eligible voters to exercise their franchise.

            Despite these serious weaknesses, the proposed amendments have been achieved through weeks of public pressure by supporters of electoral rights and democratic freedoms. This campaign succeeded in dividing the Conservative caucus in the Commons and Senate, forcing PM Harper and so‑called "Democratic Reform" minister Pierre Poilievre to retreat on key provisions of C‑23.

            This retreat represents an important partial victory. The attempt by the Harper Conservatives to use U.S. Republican‑style tactics to rig the next federal election has met a serious setback. But efforts must continue to protect every Canadian's right to vote in fair and honest elections, free of voter suppression schemes and fraud, watched over by an independent and effective Elections Canada.

            We will continue working with the other smaller political parties to raise this demand in the courts, in the streets, in elections, on social media, in class rooms ‑ wherever Canadians who believe in democratic rights are present.

(The above article is from the May 16-31, 2014, issue of People's Voice, Canada's leading socialist newspaper. Articles can be reprinted free if the source is credited. Subscription rates in Canada: $30/year, or $15 low income rate; for U.S. readers - $45 US per year; other overseas readers - $45 US or $50 CDN per year. Send to People's Voice, c/o PV Business Manager, 706 Clark Drive, Vancouver, BC, V5L 3J1.)