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Proceedings of the Standing Senate Committee on
Legal and Constitutional Affairs

Issue 7 - Fourth Report of the Committee

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THURSDAY, May 17, 2001

The Standing Senate Committee on Legal and Constitutional Affairs has the honour to table its

FOURTH REPORT

Your Committee, which was authorized by the Senate on April 3, 2001 to examine and report on the Chief Electoral Officer's Report for 2000 on the 37th general election held on November 27, 2000, now tables its report.

Respectfully submitted,

LORNA MILNE

 

Chair

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Report on the

Report of the Chief Electoral Officer of Canada

on the 37^th General Election held on

November 27, 2000

 

Standing Senate Committee

on

Legal and Constitutional Affairs

 

Chair

The Honourable Lorna Milne

 

Deputy Chairperson

The Honourable Gérald A. Beaudoin

 

May 2001

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THE STANDING SENATE COMMITTEE

ON LEGAL AND CONSTITUTIONAL AFFAIRS

 

The Honourable Lorna Milne, Chair

The Honourable Gérald A. Beaudoin, Deputy Chair

and

The Honourable Senators

 

Raynell Andreychuk

Norman K. Atkins

John Buchanan

* Sharon Carstairs. (or Fernard Robichaud)

Anne C. Cools

Joan Fraser

Jerahmiel S. Grafstein

Serge Joyal

* John Lynch-Staunton (or Noël Kinsella)

Wilfred Moore

Pierre Claude Nolin

Landon Pearson

* Ex Officio Members

Jill Anne Joseph

Clerk of the Committee

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Report on the

Report of the Chief Electoral Officer of Canada

on the 37^th General Election held on

November 27, 2000

 

Pursuant to the Order of Reference from the Senate dated 3 April 2001, that the Standing Senate Committee on Legal and Constitutional Affairs be authorized to examine the Report of the Chief Electoral Officer of Canada on the 37^th General Election held on November 27, 2000, Mr. Jean-Pierre Kingsley, the Chief Electoral Officer of Canada, appeared before your Committee on 4 April 2001.

The 37^th general election was the first to be held under the new Canada Elections Act, formerly Bill C-2, which your Committee studied last year. In his presentation, Mr. Kingsley canvassed the impact of the Act’s changes on the electoral process. For example, for the first time, the publication or broadcasting of election advertising and new election opinion surveys was prohibited on election day; financial information disclosed by registered parties was subject to more rigorous reporting requirements; and the Commissioner of Canada Elections was empowered to enter into compliance agreements and to seek injunctions during the campaign.

As well, a new system of regulating third party advertising was imposed during the election period, including spending limits and reporting and disclosure requirements. Although these provisions were challenged before the courts, with an injunction granted at the start of the election period, the Supreme Court of Canada on 10 November 2000 overturned the injunction thereby reinstating the spending limits for the latter part of the election period.

Finally, Mr. Kingsley pointed out that this was the first election that was not preceded by a door-to-door enumeration and as such, the National Register of Electors provided its own unique set of challenges during the election. Some of the principal areas for improvement identified by the Chief Electoral Officer included the quality of the Register, registering young voters and address management.

Members of your Committee questioned Mr. Kingsley extensively on the National Register of Electors. Concerns were raised about the accuracy of the list, including the source and frequency of updates and the process for removing duplicate names and relocated or deceased electors. The addition of new electors between the ages of 18 and 21 was also discussed in detail.

The decline in voter turnout over the last few general elections, and, in particular, in the November 27, 2000 election, was an additional source of concern for your Committee. The issue of how to engage young Canadians in the electoral process was a focal point of discussion with the Chief Electoral Officer. Your Committee is therefore interested in the survey that Mr. Kingsley plans to undertake on declining voter turnout, the results of which he has promised to table with this Committee.

Your Committee appreciates the dedication and hard work of the staff of Elections Canada. In addition to thanking Mr. Kingsley for his willingness to appear before the Committee in connection with this Report, your Committee wishes to make the following two observations.

First, your Committee believes that the Senate has a vital interest in how elections are held in Canada. As appointed members of Parliament, Senators can objectively scrutinize electoral matters. For its part, the Standing Senate Committee on Legal and Constitutional Affairs hopes to continue to monitor issues related to election law and the electoral process.

Second, your Committee believes that all reports tabled in the House of Commons by the Chief Electoral Officer should be reviewed by Senate committees. While the offer by Mr. Kingsley to make all such reports available to your Committee is appreciated, these reports must be subject to regular evaluation and comment by the Senate Committee charged with this responsibility.

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