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Bill to Amend the Canada Elections Act and the Regulation Adapting the Canada Elections Act for the Purposes of a Referendum (voting age)

Motion in Amendment

June 1, 2021


Hon. David M. Wells [ - ]

Therefore, honourable senators, in amendment, I move:

That the motion be amended by deleting all the words after the word “That” and substituting the following therefore:

“Bill S-209, An Act to amend the Canada Elections Act and the Regulation Adapting the Canada Elections Act for the Purposes of a Referendum (voting age), be not now read a second time because a proposal which so fundamentally impacts the conduct of elections in this country, specifically the qualifications of electors, should more properly be introduced first in the elected chamber, namely the House of Commons.”

Hon. Pat Duncan [ - ]

Honourable senators, I rise to speak to my colleagues with gratitude and respect from the traditional territory of the Kwanlin Dün First Nation and the Ta’an Kwäch’än Council.

Prior to addressing the amendment and the motion, I would like to thank my colleagues today for their courage and grace in their honouring the 215 children lost to the disgrace of Canada’s residential school system. I will attend the sacred fire honouring these lives later today and will share your wise words and wisdom with them.

Honourable senators, I rise to address Bill S-209, Senator Wells’ amendment suggesting this be referred to the House of Commons and the main motion lowering the voting age in Canada in federal elections to 16.

A woman who served Canada in the Women’s Royal Canadian Naval Service, a distinguished reporter and writer, mayor of Whitehorse, a member of the executive committee of the Yukon Territorial Council, one of the founders of the Yukon Transportation Museum, the late Florence E. Whyard, also a recipient of the Order of Canada, was a good friend of our family. Flo, as she was known, gifted me a T-shirt for my thirtieth birthday. On the front was written, “No woman, idiot, lunatic or criminal shall have the right to vote. Canada Elections Act 1918.”

Honourable senators, especially those who have run marathons or engaged in sports with their children will be familiar with the expression “Been there, done that, got the T-shirt and now I’ve washed the car with it.” The T-shirt that Flo gifted me was extra, extra large and bright purple. Upon our marriage, it was appropriated by my husband, and he did wear it while washing the car.

Quite entirely by chance, he also happened to be wearing it as he drove me over to the returning office the day I filed my first nomination papers seeking election to the Yukon Legislative Assembly.

I share that story with you, colleagues, to demonstrate that the T-shirt and the expression upon it is a much-loved possession, although it is now just a tattered piece that is destined for either a T-shirt quilt or to be framed.

It is important for so many reasons. It reminds me of the tremendous contributions of public service made by our friend Flo Whyard and many other Yukon women like Audrey McLaughlin; Margaret Joe; and Lorraine Netro, a member of the Vuntut Gwitchin who served in the legislative assembly — my former colleague — and recently received the Glen Davis Conservation Leadership Prize. It makes me think of the Famous Five and the Persons Case. Most important, that phrasing in Canadian law serves as inspiration to remind me that legislatures do not always get it right, and sometimes the law needs to change.

I’d like to thank Senator McPhedran for her tireless, solid work on this bill, on bringing this idea forward and especially for pledging to continue the discussion until change occurs. I’d also like to thank Senator Wells and other colleagues for their very thoughtful remarks and insights on this subject.

The evidence and information from the August 2020 Children First Canada paper and the presentation to our group from Dr. Eva Zeglovits of Austria have formed part of my information gathering on this subject. In April, Senator McPhedran, and Senator Patterson from Nunavut, along with other senators and I, joined with Inukshuk High School teacher Patrick McDermott and his Nunavut students via Zoom. We appreciated their excellent presentation on Bill S-209 on lowering the voting age.

Honourable senators, I was saddened to see such a low level of engagement by young Yukoners in the March to April 2020 Children First Canada consultation on this subject. As is my habit in providing sober second thought, I initiated my own discussions with youth in the Yukon. This is a work in progress. I can, however, share with senators some of the information I’ve gathered to date. Some of these comments I’d like to share with you specifically:

I think this bill needs to be passed, because right now, even though we do not hold that many votes — 2.9% of the population — in the long run, we will be informed, willing adults who want to vote for a government we can believe in.

I found these thoughts from one student especially apropos:

I’d like to start by arguing that youth around the age of 16 are currently leading major political movements, including pride, Black Lives Matter and Fridays for Future.

I note that it was students from this same school who inspired and organized protests that led the Yukon Legislative Assembly to ban conversion therapy — the first jurisdiction in Canada to do so.

Speaking of inspiring change, this student wrote to me, noting:

If youth could have a say in politics, it will wake up politicians and let them see that many youth want change. A good example of wanting change would be the concerning and worldwide problem of climate change. Old people don’t really have to take this problem as seriously anymore since they won’t be present on this planet for that much longer, but youth are the future and have a whole lifetime in front of them.

Colleagues, Senator Coyle, Senator Galvez and others, I commit to you that I will share your efforts in encouraging Canada to address climate change with this student. I believe we are not too old to make change.

There was one student with an out-of-the-ordinary idea. This student was drawn to the idea of lowering the voting age to 16; however, they believed the idea could use some fine tuning. The student wrote:

Just like I can drive with many recognized that me and others are both very capable and developing, it could be a good idea to introduce youth to voting through municipal elections, where the stakes are much lower and the impact much more local.

I truly appreciate every opportunity I have to speak with young Yukoners and to gather and share these ideas with you. I support the principle of this bill and the thought of referring it to the committee for further study rather than an amendment sending it to the other house for initiation. I especially look forward to further discussions with Yukon students about it.

My work in this area was somewhat delayed this year, not only because my visits to schools were restricted because of the pandemic, but discretion being the better part of valour, I also delayed further discussions during the recent territorial elections. Now, although the school year is drawing to a close, I have written to the principals and civics teachers to remind them of these discussions, and I indicated, as Senator McPhedran has done, that I anticipate this discussion continuing for some time and that I will continue to gather their views.

Before I close, I will share with you all a final point on this discussion. Honourable senators will be aware that of the 14 Yukon First Nations 11 are self-governing, with modern-day treaty agreements with Canada and the Yukon. The constitutions of 3 out of the 14 First Nations provide for citizens to vote at age 16.

I had the opportunity recently to ask Chief Steve Smith of the Champagne and Aishihik First Nations how voting at age 16 came about for their First Nations, which is also one of the first four Yukon First Nations to reach a land claim agreement. He credited the more open perspective to his predecessors, recognizing that voting evolved from a young councillor’s desire to involve all youth and have a lower voting age. He also told me that by voting earlier, youth have continued their active involvement in the government and leadership of their First Nations.

Honourable senators, our esteemed former colleague Senator Sinclair advised that education would be part of our journey to reconciliation. Let’s take the education and learn the lessons from the First Nations and their respect for youth participation. Let us value their opinions and continue the discourse on lowering the voting age. Rather than proceeding with Senator Wells’ amendment, let us begin the discussion by defeating the amendment and accepting the main motion. Then let us continue our discussion and send Bill S-209 to a committee for further discussion and study.

Thank you for allowing me the opportunity to offer these comments. Gùnáłchîsh. Mahsi’cho.

I have not prepared a speech and had not planned on speaking, but I feel a need to make some comments in response to Senator Wells’ speech.

The minimum voting age issue is a fundamental one, but I think that we need to look at the concept of age from a broader perspective. For example, in Quebec, a child can receive medical treatment without parental consent as of the age of 14. At the same age, children can refuse medical treatment to which their parents consented, even if it will lead to their death. In many provinces, including Quebec, children can get a driver’s licence at 16, drive around in a car and put the safety of others at risk.

In many U.S. states, people cannot drink until they are 21, but are able to obtain and carry a firearm at 16 or 18.

Honourable senators, age is not a magical concept. Rather, it refers to a degree of maturity and a body of knowledge and learning opportunities. I do not know what is the perfect voting age or whether 18 is too old or too young. However, I believe that it is worth studying this matter and hearing from witnesses.

Psychiatrists will tell you that the brain isn’t fully developed until the age of 21. Must we therefore prohibit people from voting before the age of 21? This bill raises a lot of questions. I think that an in-depth examination would be more advisable than to defeat the bill at second reading. A committee could hear witnesses, ask questions and prepare a constructive report, while participating in the debates on a very important question: What place do we give young people in our society?

For example, Senator Wells spoke of young people who become members of political parties at 14 and who vote as party members in leadership races. However, since they do not have the right to vote in the next election for the leader they chose, their party leader, they are not really able to participate in the process or see their chosen leader become leader of the government.

Still, it is quite amazing to see that at conventions, up to 33% of membership spots within certain political parties are reserved for young people who can vote on policy issues that later become the party’s official policies.

I think it would be a bit premature to defeat the bill at this stage. I therefore invite my colleagues to defeat this amendment. However, I am very sympathetic to Senator Wells’ argument that knowing who can vote in an election is an issue that legitimately belongs to the elected members and the political parties. However, that does not preclude the Senate from conducting a study on the issue, and that is what this bill allows us to do. The report that would follow this study would allow us to contribute to the collective reflection and analysis, including that of MPs.

I urge my colleagues to defeat this amendment.

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