All the pretty ironies in Canada’s ‘Unfair’ Elections Act

 

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But for Democratic Reform Minister Pierre Poilievre’s spiteful determination to ram his partisan conception of electoral freedom down his country’s throat, it’s getting hard to fathom what keeps his Bill C-23 – also known, with exquisitely unintended irony, as the Fair Elections Act – from perishing under the weight of public opprobrium.

Almost no one who has reviewed this monstrous abuse of voting rights and procedure in Canada has anything good to say about the unamended iteration awaiting passage. Not Marc Mayrand, the country’s chief electoral officer. Not Yves Côté, the commissioner of elections. Not Sheila Fraser, former auditor-general. Not a slew of jurists, educators and legislators from across Canada and all over the world.  

A month ago, Mr. Mayrand told the Ottawa Citizen he believed Minister Poilievre simply ignored his recommendation to enhance the elections commissioner’s investigative powers. “What worries me, I must say, is whether (he) will get the tool box he needs to do his job and I’m afraid that I don’t see it in the act that is currently written,” he said. “The commissioner doesn’t get the authority to compel witnesses.” 

Then, as recently as last week, Commissioner Côté told the Standing Senate Committee on Legal and Constitutional Affairs that the Bill’s measure to transfer the auspices of his duties from the Chief Electoral Officer to Director of Public Prosecutions (DPP) is “both unnecessary and problematic. . .Placing the Commissioner within the Office of the DPP is an attempt to respond to a problem that. . .does not exist.”

Throughout, the archest criticism has concerned the Bill’s perspective on what constitutes an authentic Canadian voter. (Specifically, it’s one who carries a photo ID. Period. A voter registration card will no longer be enough. Neither will a sufficiently identified fellow voter vouching for his buddy in the ballot queue).

“The prohibition against vouching is ostensibly to reduce voter fraud yet there is no evidence. . .that vouching results in voter fraud,” a letter signed and sent in March  by 19 international scholars and political scientists declared. “These changes to the voter eligibility rules will disproportionately impact seniors, students, the economically disadvantaged, and First Nations citizens, leading to an estimated disenfranchisement of over 120,000 citizens.”

In fact, the number is now thought to be closer to 500,000. Still, neither this nor any other criticism, no matter how reasonable, has managed to move Mr. Poilievre from the hard line in the sand he has drawn. He has viciously attacked those who have opposed him, most recently hurling mud at Mr. Mayrand, stipulating that the latter’s “recommendations really boil down to three broad requirements for him. He wants more power, a bigger budget and less accountability.”

One can only wait in wonder for Mr. Poilievre’s response to his latest setback. This one’s a doozy, as Josh Wingrove reports this week for the Globe and Mail: “In a rare exercise of power, a Senate committee (on Legal and Constitutional Affairs) is pushing back against Stephen Harper’s Conservative government by unanimously recommending changes to the Fair Elections Act, an overhaul of electoral law that is fiercely opposed by other parties. The. . .report, which will be made public this week, amounts to a warning shot from the embattled Senate.”

It sure does. According to Mr. Wingrove’s research, the Upper Chamber, two-thirds of which is composed of Conservative members, wants to ensure that the Chief Electoral Officer and Commissioner of Elections have more, not less authority, to prosecute their roles and responsibilities. It’s also skeptical about the utility in separating the two. Altogether, the Senate makes nine recommendations, the essence of which slaps Mr. Poilievre’s hands, depending on which version of spin one is inclined to swallow.

“I think it’s a recognition by all senators that there is something seriously wrong with this bill, according to every single witness that has appeared before both committees in the House of Commons and the Senate,” Liberal Senator George Baker told the Globe. “It’s really an expression of the impartiality of members of the Senate.”

On the other hand, said Conservative Senator Linda Frum, “Minister Poilievre has repeatedly expressed a sincere interest in any recommendations the Senate may have to improve the bill.”

Whether he has or he hasn’t, democracy’s self-appointed attack dog might finally face opponents he can’t readily ignore. That many are members of his own party merely transforms the many ironies about Bill C-23 from exquisite to downright delicious.

 

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