The Fair Elections Act: Then what did we have before?
There's no sin more damnable in politics
than voter suppression.
Voting is the foundation of democracy. It's the mechanism by which people are able to engage in the political system that shapes the direction of the country as a whole. The next federal election is only a short year away, but the Conservative Party of Canada is trying to pass Bill C-23, “The Fair Elections Act,” a 250-page document that would change the fundamental structure of how Elections Canada is managed and how they conduct investigations. The bill is a dense piece of legislation that critics are concerned could lead to voter suppression or even violate the constitution.
The federal Conservative Party of Canada is still recovering from accusations that they tried to shape the outcome of the 2011 federal election through illicit methods. On Election Day, May 2, automated messages or “robocalls” were reported by over 30,000 Canadians across the country with a large contingency from Guelph. The calls contained inaccurate voting information in an apparent attempt to misdirect voters to improper, or nonexistent, poll stations. Justice Richard Mosley found that “the purpose of those calls was to suppress the votes of electors who had indicated their voting preference in response to earlier voter identification calls.” Despite acknowledging that the contact list had likely come from a Conservative database, he failed to find evidence directly linking them to any wrongdoing.
The Fair Elections Act is likely going to achieve mixed success. Some aspects of the bill that address voter identification are being criticized as unconstitutional by academics. In his blog, Yale law student Adam Goldenberg used a graduating series of precedent cases to conclude that “A court may well find that the government has overstated the Election Day problems that eliminating vouching would intend to solve.” This particular provision could be a red herring by the Conservatives, a distraction to fight over while other aspects of the bill are allowed to pass unopposed. The Fair Elections Act would shuffle the accountability structure of Elections Canada from being an independent body to being accountable to a politically appointed cabinet minister. By simply amalgamating the electoral investigative organization into the government, the loss of accountability could be catastrophic.
Regardless of the pragmatic implications of the investigation, which were nothing, the Conservative Party of Canada is obviously not going to risk letting the media circus happen again. Bill C-23 would require that Elections Canada contact individuals in writing to notify them when an investigation is being launched. Furthermore, the Fair Elections Act would preclude Elections Canada from publicizing the launch of an investigation. The Conservative Party of Canada was found to have had no knowledge of the robocalls and yet the scandal still generated a significant amount of negative publicity for them. While they try to minimize the risk from false accusations, deliberately or not, they're seeking to reorganize the branch of Elections Canada dedicated to investigating electoral fraud, making the system easier to manipulate for those who wish to do so.
Editorial opinions or comments expressed in this online edition of Interrobang newspaper reflect the views of the writer and are not those of the Interrobang or the Fanshawe Student Union. The Interrobang is published weekly by the Fanshawe Student Union at 1001 Fanshawe College Blvd., P.O. Box 7005, London, Ontario, N5Y 5R6 and distributed through the Fanshawe College community. Letters to the editor are welcome. All letters are subject to editing and should be emailed. All letters must be accompanied by contact information. Letters can also be submitted online by clicking here.
Voting is the foundation of democracy. It's the mechanism by which people are able to engage in the political system that shapes the direction of the country as a whole. The next federal election is only a short year away, but the Conservative Party of Canada is trying to pass Bill C-23, “The Fair Elections Act,” a 250-page document that would change the fundamental structure of how Elections Canada is managed and how they conduct investigations. The bill is a dense piece of legislation that critics are concerned could lead to voter suppression or even violate the constitution.
The federal Conservative Party of Canada is still recovering from accusations that they tried to shape the outcome of the 2011 federal election through illicit methods. On Election Day, May 2, automated messages or “robocalls” were reported by over 30,000 Canadians across the country with a large contingency from Guelph. The calls contained inaccurate voting information in an apparent attempt to misdirect voters to improper, or nonexistent, poll stations. Justice Richard Mosley found that “the purpose of those calls was to suppress the votes of electors who had indicated their voting preference in response to earlier voter identification calls.” Despite acknowledging that the contact list had likely come from a Conservative database, he failed to find evidence directly linking them to any wrongdoing.
The Fair Elections Act is likely going to achieve mixed success. Some aspects of the bill that address voter identification are being criticized as unconstitutional by academics. In his blog, Yale law student Adam Goldenberg used a graduating series of precedent cases to conclude that “A court may well find that the government has overstated the Election Day problems that eliminating vouching would intend to solve.” This particular provision could be a red herring by the Conservatives, a distraction to fight over while other aspects of the bill are allowed to pass unopposed. The Fair Elections Act would shuffle the accountability structure of Elections Canada from being an independent body to being accountable to a politically appointed cabinet minister. By simply amalgamating the electoral investigative organization into the government, the loss of accountability could be catastrophic.
Regardless of the pragmatic implications of the investigation, which were nothing, the Conservative Party of Canada is obviously not going to risk letting the media circus happen again. Bill C-23 would require that Elections Canada contact individuals in writing to notify them when an investigation is being launched. Furthermore, the Fair Elections Act would preclude Elections Canada from publicizing the launch of an investigation. The Conservative Party of Canada was found to have had no knowledge of the robocalls and yet the scandal still generated a significant amount of negative publicity for them. While they try to minimize the risk from false accusations, deliberately or not, they're seeking to reorganize the branch of Elections Canada dedicated to investigating electoral fraud, making the system easier to manipulate for those who wish to do so.
Editorial opinions or comments expressed in this online edition of Interrobang newspaper reflect the views of the writer and are not those of the Interrobang or the Fanshawe Student Union. The Interrobang is published weekly by the Fanshawe Student Union at 1001 Fanshawe College Blvd., P.O. Box 7005, London, Ontario, N5Y 5R6 and distributed through the Fanshawe College community. Letters to the editor are welcome. All letters are subject to editing and should be emailed. All letters must be accompanied by contact information. Letters can also be submitted online by clicking here.
