In favour of overseas Canadians’ vote: Senator Dalphond
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December saw the passage of Bill C-76, which amended the Canada Elections Act. The legislation fully implemented section 3 of the Canadian Charter of Rights and Freedoms by repealing a 1993 provision that disenfranchised most Canadians residing abroad for five years or more.
This restriction was based on the premise that anyone who has not resided in the country for five years is no longer affected by what is happening here and no longer has an interest in Canadian politics. The 1993 restriction was also discriminatory, since it did not apply to members of the military, federal or provincial public servants, or employees of international organizations.
On January 11, 2019, the Supreme Court of Canada ruled that this restriction was unconstitutional, since there was no justification for it. Despite this ruling, some apparatchiks are waging a fear campaign, raising the spectre of expatriates with no interest in the country’s future having a critical say in choosing governments, even claiming that this would open our elections to foreign influence.
With all due respect, they are ignoring the facts.
All citizens abroad hold Canadian passports and have access to Canadian consular services. As well, most of them have family in Canada and are concerned about their future. Many of them maintain economic ties with Canada and pay taxes here. For example, 186,200 collect CPP and 139,400 receive Old Age Security benefits. Thousands more earn investment income in Canada. Many enjoy benefits in the host country resulting from agreements with Canada, such as the possibility of a work permit or avoidance of double taxation.
Similarly, what rational reason would justify excluding from democratic life those Canadians who live abroad to promote Canadian companies, pursue higher education, or work in jobs that do not exist in Canada and plan to return home without knowing the exact date?
These criticisms also neglect to mention that Canadians living abroad can vote only if they go through the process of registering with the National Register of Electors and demonstrate that, before leaving, they resided in the electoral district where they wish to vote. Furthermore, to exercise this vote, they must complete the special ballot received from Elections Canada and return it within the prescribed timeframe. Making such an effort demonstrates a real interest in our democratic life.
Considering this, what is the danger of them significantly influencing the outcome of elections?
First, few expatriates avail themselves of their right to vote. During the last general election in 2015, 14,000 Canadians residing abroad, including military members and government officials, registered. Only 11,000 completed the special ballot and returned it on time. Then, these 11,000 votes were counted in one of Canada’s 338 ridings, where they had no significant impact.
With the end of the restriction and the related publicity, hopefully more Canadians abroad will exercise their right to vote in 2019. The Chief Electoral Officer estimates that 30,000 will do so. If there are between one and three million Canadians abroad, that means between 1 and 3% will vote.
Over time, this number is expected to rise, but the experience of our neighbours to the south shows that about 10% of eligible expatriates go through the process, even for presidential elections. In light of these facts, it would be quite far-fetched to claim that overseas voters will end up deciding future governments.
As for the threat of foreign influence over our elections through the manipulation of expatriates living in totalitarian states, there is no evidence to support it, even in the United States. In reality, a foreign power seeking to influence an election will target the 99% or more voters in the country, as the Russian computer trolls in the United States have demonstrated.
In any case, the risk that Canadians abroad may be manipulated in a given country would not justify penalizing those living elsewhere in the world. At most, this would require targeted measures.
The right to vote is fundamental in a democracy. Let us stop making excuses to deny this right to Canadians living abroad.
Senator Pierre J. Dalphond represents De Lorimier region of Quebec.
A version of this article appeared in the January 29, 2019, edition of Le Devoir (in French only).
December saw the passage of Bill C-76, which amended the Canada Elections Act. The legislation fully implemented section 3 of the Canadian Charter of Rights and Freedoms by repealing a 1993 provision that disenfranchised most Canadians residing abroad for five years or more.
This restriction was based on the premise that anyone who has not resided in the country for five years is no longer affected by what is happening here and no longer has an interest in Canadian politics. The 1993 restriction was also discriminatory, since it did not apply to members of the military, federal or provincial public servants, or employees of international organizations.
On January 11, 2019, the Supreme Court of Canada ruled that this restriction was unconstitutional, since there was no justification for it. Despite this ruling, some apparatchiks are waging a fear campaign, raising the spectre of expatriates with no interest in the country’s future having a critical say in choosing governments, even claiming that this would open our elections to foreign influence.
With all due respect, they are ignoring the facts.
All citizens abroad hold Canadian passports and have access to Canadian consular services. As well, most of them have family in Canada and are concerned about their future. Many of them maintain economic ties with Canada and pay taxes here. For example, 186,200 collect CPP and 139,400 receive Old Age Security benefits. Thousands more earn investment income in Canada. Many enjoy benefits in the host country resulting from agreements with Canada, such as the possibility of a work permit or avoidance of double taxation.
Similarly, what rational reason would justify excluding from democratic life those Canadians who live abroad to promote Canadian companies, pursue higher education, or work in jobs that do not exist in Canada and plan to return home without knowing the exact date?
These criticisms also neglect to mention that Canadians living abroad can vote only if they go through the process of registering with the National Register of Electors and demonstrate that, before leaving, they resided in the electoral district where they wish to vote. Furthermore, to exercise this vote, they must complete the special ballot received from Elections Canada and return it within the prescribed timeframe. Making such an effort demonstrates a real interest in our democratic life.
Considering this, what is the danger of them significantly influencing the outcome of elections?
First, few expatriates avail themselves of their right to vote. During the last general election in 2015, 14,000 Canadians residing abroad, including military members and government officials, registered. Only 11,000 completed the special ballot and returned it on time. Then, these 11,000 votes were counted in one of Canada’s 338 ridings, where they had no significant impact.
With the end of the restriction and the related publicity, hopefully more Canadians abroad will exercise their right to vote in 2019. The Chief Electoral Officer estimates that 30,000 will do so. If there are between one and three million Canadians abroad, that means between 1 and 3% will vote.
Over time, this number is expected to rise, but the experience of our neighbours to the south shows that about 10% of eligible expatriates go through the process, even for presidential elections. In light of these facts, it would be quite far-fetched to claim that overseas voters will end up deciding future governments.
As for the threat of foreign influence over our elections through the manipulation of expatriates living in totalitarian states, there is no evidence to support it, even in the United States. In reality, a foreign power seeking to influence an election will target the 99% or more voters in the country, as the Russian computer trolls in the United States have demonstrated.
In any case, the risk that Canadians abroad may be manipulated in a given country would not justify penalizing those living elsewhere in the world. At most, this would require targeted measures.
The right to vote is fundamental in a democracy. Let us stop making excuses to deny this right to Canadians living abroad.
Senator Pierre J. Dalphond represents De Lorimier region of Quebec.
A version of this article appeared in the January 29, 2019, edition of Le Devoir (in French only).